STATE COURT MOTION FOR CONTINUANCE

(Indiana Circuit/Superior Court – Template)

1. CAPTION

STATE OF INDIANA
IN THE [COUNTY] CIRCUIT/SUPERIOR COURT

[PLAINTIFF NAME],
Plaintiff,

v. Cause No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], by counsel, respectfully moves the Court to continue the [trial/hearing] currently set for [CURRENT DATE] to [REQUESTED NEW DATE] or a date convenient to the Court.

This motion is brought pursuant to Indiana Trial Rule 53.5, which permits continuances for good cause shown. Good cause exists because [describe reasons—e.g., "lead counsel is engaged in a previously set jury trial", "essential witness is unavailable", "additional discovery is required following late disclosure"].

Counsel certifies that on [DATE] [he/she/they] conferred with [opposing counsel] regarding this request; [opposing counsel] [does not oppose/opposes] the continuance.

3. MEMORANDUM OF LAW

A. Legal Standard

Trial Rule 53.5 grants trial courts broad discretion to continue matters upon a showing of good cause. Courts evaluate the diligence of the moving party, the reasons for the request, prior continuances, and potential prejudice to other parties. See State ex rel. Brutsche v. Marion Superior Court, 436 N.E.2d 793, 794 (Ind. 1982).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide detailed factual support, including timelines and documentation.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Describe efforts to comply with the existing schedule and explain why the continuance will not unduly prejudice other parties.]
3. Requested Relief. [// GUIDANCE: Propose revised deadlines consistent with the current case management order or Trial Rule 16 scheduling conference orders.]

4. AFFIDAVIT/VERIFICATION OF [ATTORNEY NAME]

I, [ATTORNEY NAME], being first duly sworn, state:

1. I am counsel of record for [PARTY] in this cause.
2. The [trial/hearing] is currently scheduled for [CURRENT DATE].
3. Good cause exists for a continuance because [provide detailed facts].
4. This request is made promptly upon learning of the circumstances necessitating additional time.
5. I conferred with counsel for [OPPOSING PARTY] on [DATE]; [opposing counsel] [does/does not] oppose this motion.
6. This motion is made in good faith and not for delay.

[ATTORNEY NAME]

Subscribed and sworn to before me this ___ day of ____, 20__.

Notary Public, State of Indiana
My Commission Expires: _
County of Residence: _

5. [PROPOSED] ORDER

STATE OF INDIANA
IN THE [COUNTY] CIRCUIT/SUPERIOR COURT

[PLAINTIFF NAME],
Plaintiff,

v. Cause No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

ORDER ON MOTION FOR CONTINUANCE

The Court, having considered [MOVING PARTY]'s Motion for Continuance, finds good cause pursuant to Indiana Trial Rule 53.5. IT IS THEREFORE ORDERED:

1. The [trial/hearing] set for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. All related deadlines (discovery, expert disclosures, dispositive motions, pretrial filings) are reset as follows: [list revised dates].
3. Counsel shall notify all witnesses and parties of the new schedule.

SO ORDERED this ___ day of ____, 20__.

Judge, [County] Circuit/Superior Court

6. CERTIFICATE OF SERVICE

I certify that on [DATE], a copy of the foregoing MOTION FOR CONTINUANCE was served via the Indiana E-Filing System and by [additional method, if any] upon:

[List recipients]

[NAME OF DECLARANT]