Indiana Circuit/Superior Court Motion for Continuance

MOTION FOR CONTINUANCE OF [TRIAL / HEARING / PROCEEDING]

INDIANA CIRCUIT / SUPERIOR COURT

PART I: CASE CAPTION AND FILING INFORMATION

STATE OF INDIANA

IN THE [________________________________] [CIRCUIT / SUPERIOR] COURT

[________________________________] COUNTY

MOTION FOR CONTINUANCE OF [TRIAL / HEARING / PROCEEDING]

Date Filed: [__/__/____]
Event Currently Scheduled: [________________________________]
Current Date of Event: [__/__/____]
Requested New Date: [__/__/____] or the first available date convenient to the Court
Filing Attorney: [________________________________]
Attorney No.: [________________________________]

PART II: MOTION

COMES NOW [________________________________] ("Moving Party"), [☐ Plaintiff / ☐ Defendant / ☐ Other: ________________________________], by counsel, and respectfully moves this Court pursuant to Indiana Trial Rule 53.5 for a continuance of the [trial / hearing / proceeding] currently scheduled for [__/__/____], and in support thereof states as follows:

A. Procedural Background

1. This cause was filed on or about [__/__/____] and is currently pending before the Honorable [________________________________].

2. The [trial / hearing / proceeding] is scheduled for [__/__/____] at [____] [a.m./p.m.].

3. A case management order was entered on [__/__/____] pursuant to Indiana Trial Rule 16.

4. The following prior continuances have been granted in this cause:

☐ No prior continuances have been requested or granted.

☐ Prior continuances:

B. Grounds for Continuance

5. Good cause exists for a continuance as demonstrated by the affidavit filed herewith. The specific grounds are (check all that apply):

General Grounds (Trial Rule 53.5 -- Good Cause):

☐ Scheduling Conflict of Counsel. Undersigned counsel is required to appear in [________________________________] (Cause No. [________________________________]) on [__/__/____], which was set [before / after] the date in this cause. A copy of the conflicting scheduling order or chronological case summary entry is attached as Exhibit [____].

☐ Unavailability of Party. [________________________________], a named party, is unavailable on the scheduled date due to [________________________________].

☐ Incomplete Discovery. Discovery remains incomplete through no fault of the Moving Party. Specifically: [________________________________].

☐ Recently Produced or Disclosed Evidence. On [__/__/____], [________________________________] produced or disclosed [________________________________], requiring additional time for review, analysis, or expert evaluation.

☐ Pending Dispositive Motion. A [motion for summary judgment / Trial Rule 12(B) motion / other: ________________________________] filed on [__/__/____] remains pending.

☐ Settlement Negotiations / Mediation. The parties are engaged in active good faith settlement discussions [and/or have mediation scheduled for [__/__/____]].

☐ Expert Witness Issues. The Moving Party's expert, [________________________________], [is unavailable / requires additional time to complete analysis / was recently retained].

☐ Medical or Health Emergency. [Counsel / a party / a material witness] has a medical condition preventing [attendance / meaningful participation]. Supporting documentation is attached as Exhibit [____].

☐ New Counsel / Substitution of Counsel. New counsel entered an appearance on [__/__/____] and requires reasonable time to prepare.

☐ Other Good Cause. [________________________________]

Absence of Evidence Grounds (Trial Rule 53.5 -- Affidavit Required):

☐ Absent Material Witness. The Moving Party seeks a continuance on account of the absence of a material witness. The required affidavit attached hereto sets forth:

a. The name of the witness: [________________________________]

b. The residence of the witness, if known: [________________________________]

c. The materiality of the expected testimony: [________________________________]

d. Due diligence used to obtain the witness's attendance: [________________________________]

e. Where the witness may be found: [________________________________]

f. The probability of procuring testimony within a reasonable time: [________________________________]

g. That the witness's absence was not procured by the act or connivance of the Moving Party, nor by others at the Moving Party's request, knowledge, or consent.

h. The facts the Moving Party believes the witness would testify to: [________________________________]

i. That the Moving Party is unable to prove such facts by any other witness whose testimony can be as readily procured.

☐ Absent Material Evidence (Non-Witness). The Moving Party seeks a continuance on account of the absence of material evidence. The required affidavit sets forth the materiality of the evidence, due diligence exercised, and where the evidence may be obtained.

C. Detailed Factual Statement

6. The specific facts supporting this request: [________________________________]

D. Diligence of Moving Party

7. The Moving Party has exercised due diligence:

a. The need for a continuance was discovered on [__/__/____].

b. This motion is filed [____] days before the scheduled event.

c. Steps taken to minimize delay: [________________________________].

d. The Moving Party has complied with all prior orders and deadlines.

PART III: CERTIFICATE OF CONFERRAL

8. Undersigned counsel certifies:

☐ On [__/__/____], counsel conferred with counsel for [________________________________] regarding this motion:

☐ Opposing counsel does not object to the continuance.

☐ Opposing counsel objects to the continuance for the following reasons: [________________________________]

☐ Opposing counsel takes no position.

☐ Counsel conferred with all other parties or their counsel:

☐ Despite diligent efforts on [__/__/____], counsel was unable to reach opposing counsel. Efforts included: [________________________________].

PART IV: PREJUDICE ANALYSIS AND IMPACT ON SCHEDULE

9. Lack of Prejudice. The continuance will not unduly prejudice any party because: [________________________________].

10. Impact on Court's Docket. [________________________________].

11. Impact on Witnesses. [________________________________].

12. Cost Implications. The Moving Party acknowledges that under Trial Rule 53.5, the Court may award costs to reimburse other parties for actual expenses incurred from the delay. The Moving Party [☐ agrees to pay reasonable costs / ☐ submits that costs should not be assessed because ________________________________].

13. Proposed Revised Schedule:

PART V: LEGAL STANDARD

14. Indiana Trial Rule 53.5 provides:

"Upon motion, trial may be postponed or continued in the discretion of the court, and shall be allowed upon a showing of good cause established by affidavit or other evidence."

15. The rule further provides that a motion to postpone trial on account of the absence of evidence can be made only upon affidavit showing:

a. The materiality of the evidence expected to be obtained;

b. That due diligence has been used to obtain it;

c. Where the evidence may be;

d. If for an absent witness: the name and residence of the witness (if known), the probability of procuring the testimony within a reasonable time, that the witness's absence was not procured by the party or at the party's request, the facts believed to be true, and that the party is unable to prove such facts by any other witness whose testimony can be as readily procured.

See Ind. Trial Rule 53.5 (effective Jan. 1, 1983).

16. The Court has broad discretion in ruling on continuance motions. See State ex rel. Brutsche v. Marion Superior Court, 436 N.E.2d 793, 794 (Ind. 1982); In re M.S., 140 N.E.3d 279, 286 (Ind. 2020) (affirming that Trial Rule 53.5 requires good cause and that the decision rests in the trial court's sound discretion).

17. The Court may award costs to reimburse other parties for their actual expenses incurred from the delay. Ind. Trial Rule 53.5.

18. Indiana courts consider: (a) timeliness of the motion; (b) adequacy of the stated reasons; (c) whether the movant contributed to the need for the continuance; (d) the extent of prejudice to other parties; and (e) prior continuances. See Rowlett v. Vanderburgh Cnty. Office of Family & Children, 841 N.E.2d 615, 619 (Ind. Ct. App. 2006).

PART VI: AFFIDAVIT IN SUPPORT OF MOTION FOR CONTINUANCE

STATE OF INDIANA
COUNTY OF [________________________________]

AFFIDAVIT OF [________________________________]

I, [________________________________], being first duly sworn upon oath, depose and state:

1. I am [counsel of record for / the party] [________________________________] in the above-captioned cause. I am competent to testify to the matters stated herein.

2. The [trial / hearing / proceeding] is currently scheduled for [__/__/____] at [____] [a.m./p.m.] before the Honorable [________________________________].

3. Good cause exists for a continuance because: [________________________________]

4. I first became aware of the circumstances necessitating this motion on [__/__/____] and have acted promptly to seek relief.

5. (If based on absence of witness -- required under Trial Rule 53.5):

a. The name of the absent witness is: [________________________________]

b. The witness's residence, if known: [________________________________]

c. The testimony expected from the witness: [________________________________]

d. The testimony is material because: [________________________________]

e. Due diligence used to procure the witness's attendance: [________________________________]

f. Where the witness may be found: [________________________________]

g. The probability of procuring the testimony within a reasonable time: [________________________________]

h. The witness's absence has not been procured by the act or connivance of the Moving Party, nor by others at the Moving Party's request, knowledge, or consent.

i. The Moving Party is unable to prove such facts by any other witness whose testimony can be as readily procured because: [________________________________]

6. (If based on absence of other evidence):

a. Description of the evidence: [________________________________]

b. Materiality: [________________________________]

c. Due diligence exercised: [________________________________]

d. Where the evidence may be obtained: [________________________________]

7. On [__/__/____], I conferred with counsel for [________________________________], who [does not object to / objects to / takes no position on] this motion.

8. This motion is made in good faith and not for purposes of delay.

9. No party will be unduly prejudiced by the requested continuance.

________________________________________
[________________________________]

SUBSCRIBED AND SWORN to before me this [____] day of [________________________________], 20[____].

________________________________________
Notary Public, State of Indiana
My Commission Expires: [__/__/____]
County of Residence: [________________________________]

PART VII: PRAYER FOR RELIEF

WHEREFORE, the Moving Party respectfully requests that this Court:

1. GRANT this Motion for Continuance;

2. CONTINUE the [trial / hearing / proceeding] currently scheduled for [__/__/____] to [__/__/____] or the first available date;

3. AMEND the case management order to reflect revised deadlines;

4. DECLINE to assess costs against the Moving Party, or in the alternative, set a reasonable amount [if applicable];

5. GRANT such other and further relief as the Court deems just and proper.

Respectfully submitted,

Date: [__/__/____]

________________________________________
[________________________________], Esquire
Indiana Attorney No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Counsel for [☐ Plaintiff / ☐ Defendant / ☐ ________________________________]

PART VIII: PROPOSED ORDER

STATE OF INDIANA

IN THE [________________________________] [CIRCUIT / SUPERIOR] COURT

[________________________________] COUNTY

ORDER ON MOTION FOR CONTINUANCE

This matter having come before the Court upon the Motion for Continuance filed by [________________________________], and the Court having considered the motion, the supporting affidavit, any response or objection filed, and the record in this cause, and pursuant to Indiana Trial Rule 53.5:

THE COURT FINDS that:

[________________________________]

IT IS THEREFORE ORDERED that:

☐ The Motion for Continuance is GRANTED.

1. The [trial / hearing / proceeding] scheduled for [__/__/____] is hereby CONTINUED to [__/__/____] at [____] [a.m./p.m.].

2. The case management order is amended as follows:

Event	Revised Deadline
Discovery Cutoff	[__/__/____]
Expert Disclosures	[__/__/____]
Dispositive Motion Deadline	[__/__/____]
Final Pretrial Conference	[__/__/____]
Trial	[__/__/____]

3. Counsel shall promptly notify all witnesses and parties of the revised schedule.

4. ☐ Costs in the amount of $[________________________________] are assessed against the Moving Party pursuant to Trial Rule 53.5 to reimburse [________________________________] for actual expenses incurred from the delay.

☐ No costs are assessed.

5. No further continuances will be granted absent extraordinary circumstances.

☐ The Motion for Continuance is DENIED.

The [trial / hearing / proceeding] shall proceed as scheduled on [__/__/____].

☐ The Motion for Continuance is GRANTED IN PART.

[________________________________]

SO ORDERED this [____] day of [________________________________], 20[____].

________________________________________
Judge, [________________________________] [Circuit / Superior] Court

PART IX: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing MOTION FOR CONTINUANCE, together with the AFFIDAVIT, PROPOSED ORDER, and all exhibits, was served upon the following via the Indiana E-Filing System (IEFS) / Odyssey File & Serve:

☐ Service was also made by the following additional method(s):

☐ U.S. Mail, first class, postage prepaid

☐ Hand delivery

☐ Overnight courier

☐ Email (with consent)

________________________________________
[________________________________], Esquire
Indiana Attorney No. [________________________________]

PART X: EXHIBITS CHECKLIST

☐ Exhibit A: Conflicting scheduling order or CCS entry

☐ Exhibit B: Documentation of witness unavailability

☐ Exhibit C: Medical documentation (if applicable, filed under seal)

☐ Exhibit D: Discovery correspondence

☐ Exhibit E: Correspondence with opposing counsel regarding conferral

☐ Exhibit F: [________________________________]

Sources and References

• Indiana Trial Rule 53.5 (Continuances): https://rules.incourts.gov/Content/trial/rule53-5/01-01-1983.htm
• Indiana Rules of Trial Procedure: https://www.in.gov/courts/rules/trial_proc/
• Indiana Rules of Trial Procedure (Full PDF): https://rules.incourts.gov/pdf/PDF%20-%20Trial/trial.pdf
• State ex rel. Brutsche v. Marion Superior Court, 436 N.E.2d 793 (Ind. 1982)
• In re M.S., 140 N.E.3d 279 (Ind. 2020)
• Rowlett v. Vanderburgh Cnty. Office of Family & Children, 841 N.E.2d 615 (Ind. Ct. App. 2006)
• Indiana E-Filing System (Odyssey): https://www.in.gov/courts/iocs/