RULE 10. CONTINUANCES (A) Bench Trials--Stipulations. The court will grant a continuance after a bench trial date has been set upon a stipulation of the parties not 1ess than one day prior to the date set. (B) Bench Trials--Written Motion. All requests for a continuance made five working days or less prior to a bench trial not stipulated to by the opposing party shall be presented by written motion and affidavit after notice to the opposing party. Twenty-four hours prior notice to the opposing party shall meet the requirement of this subsection. The court may grant a continuance on a showing of good cause. (C) Jury Trials. All requests for a continuance of a jury trial shall be presented by a written motion and affidavit with notice provided to the opposing party. Such motions may be heard at the pre-trial hearing. A continuance will be granted only upon a showing of good cause. (D) Good Cause. The following shall be deemed good cause: (1) Illness with such verification as may be required by the court; or, (2) Unavoidable and/or unforeseen conflicts; or, (3) Lack of discovery or new evidence requiring investigation. (E) Imposition of Costs. Payment of costs of the court and the opposing party may be a condition for granting a continuance. (F) Speedy Trial Waiver. A waiver of the right to a speedy trial may be required as a condition for granting a continuance. (G) Infraction Hearings. One telephonic request for a continuance may be granted by the clerk. Thereafter such a request must be in writing and approved by the court. [Adopted September 3. 1991; amended effective September 1, 2001.]
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