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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