10JDCR 3.17

(a) Disfavored; hearings; trials. Continuances of hearings and trials are disfavored.

(1) Hearings. Upon stipulation of the parties, the first continuance of a hearing will be allowed. Any subsequent stipulation, however, will not be granted, even upon stipulation, except for good cause.

(2) Trials. Upon stipulation of the parties, the first continuance of a trial will be allowed unless the stipulation is filed after the court signs the order calling a jury. Any subsequent stipulation to continue a trial will not be granted, even upon stipulation, except for good cause.

(b) Affidavit or declaration. Motions requesting a continuance of a hearing or trial must be made on affidavit or declaration unless good cause exists for allowing the moving party to be sworn and to testify orally to the factual matters.

(c) Nonappearance of witness. An affidavit, declaration, or oral testimony in support of a motion for continuance of a hearing or trial based upon the failure of a witness to appear must include:

(1) The absent witness’s name and present physical address;

(2) What the affiant, declarant, or witness has been informed of and believes will be the testimony of the absent witness, and the source of the information provided to the affiant, declarant, or witness;

(3) Whether the same facts can be proved by another witness, stipulated to by opposing counsel, or presented in an alternate form such as a deposition; and the efforts made to see if the evidence can be presented by any of these alternatives;

(4) The efforts made to procure the witness’s attendance and why the efforts failed;

(5) When the moving party first learned the attendance of the absent witness could not be obtained;

(6) That the motion is made in good faith and not merely for delay; and

(7) A certification that includes specific facts to show that the moving party has made a good faith effort to communicate with all of the parties regarding the requested continuance and the results of the communication.

(d) Service. A copy of the motion and affidavit(s) or declaration(s) upon which a motion for a continuance is made must be served upon the opposing party as soon as practicable after the cause for the continuance is known to the moving party.

(e) Changes in affidavit or declaration. If the court holds a hearing on the motion, amendments or additions to affidavits or declarations for continuance will not be allowed except for good cause shown.

(f) Effect. An order granting a continuance will not affect any established trial date, hearing date, or deadline except as specifically provided in the order granting the continuance.

(g) Court’s own motion. Continuance of any trial or hearing may be granted upon the court’s own motion when necessary because of the court’s other business.