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 7(D) (and Trial Rule 7(B)) 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 (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 a Material Witness or Evidence (Supporting Affidavit):

☐ Absent Material Witness. The Moving Party seeks a continuance on account of the absence of a material witness. The supporting 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 supporting affidavit sets forth the materiality of the evidence, due diligence exercised, and where the evidence may be obtained.

C. Compliance with Indiana Trial Rule 7(D)

In compliance with Indiana Trial Rule 7(D):

a. Timeliness (T.R. 7(D)(1)). This motion is filed as soon after the cause for the continuance or delay was discovered by the Moving Party. The cause was discovered on [__/__/____].

b. Opposing party's position (T.R. 7(D)(2)). As set forth in the Certificate of Conferral (Part III) below, the opposing party [☐ has no objection / ☐ objects / ☐ position is unknown]. If the opposing party's position is unknown, the date, time, and method of the Moving Party's attempt to obtain agreement (and the result, or why outreach was not possible) is stated in Part III.

c. Time needed (T.R. 7(D)(4)). The Moving Party states: (i) the approximate amount of time that should elapse before the matter can be heard is [________________________________]; and (ii) a good-faith estimate of the time needed for the rescheduled [hearing / trial] is [________________________________].

D. Detailed Factual Statement

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

E. 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. Conditions. The Moving Party acknowledges that the Court may, in its discretion, condition any continuance on reasonable terms. The Moving Party [☐ agrees to any reasonable conditions the Court deems appropriate / ☐ submits that no conditions should be imposed because ________________________________].

13. Proposed Revised Schedule:

PART V: LEGAL STANDARD

14. Governing rule. Effective January 1, 2025, former Indiana Trial Rule 53.5 ("Continuances") was deleted by order of the Indiana Supreme Court dated October 30, 2024. Written motions for continuance are now governed by Indiana Trial Rule 7(D), which provides that a party "must file a motion for continuance as soon after the cause for continuance or delay is discovered by the party seeking the same," and that any written motion to continue must be filed pursuant to Trial Rule 7(B).

15. Indiana Trial Rule 7(D)(2) requires that the motion include a statement that: (a) the opposing party has no objection; (b) the opposing party objects; or (c) the opposing party's position is unknown, together with the date, time, and method by which the moving party attempted to obtain agreement and the result, or why such outreach was not possible. Under Trial Rule 7(D)(3), if the moving party does not comply with subdivision (D)(2), the court may grant the motion only if the moving party certifies in writing the efforts made to give notice and the reasons actual notice should not be required.

16. Indiana Trial Rule 7(D)(4) requires that the motion include (a) the approximate amount of time that should elapse before the matter can be heard, and (b) a good-faith estimate of the time needed for the rescheduled hearing or trial. Under Trial Rule 7(D)(5), any local rules related to motions to continue are abrogated. A supporting affidavit setting forth the materiality of any absent evidence or witness, the diligence exercised, and the expected testimony, while no longer separately mandated by rule, remains a recommended practice to establish good cause.

17. The decision to grant or deny a continuance rests within the sound discretion of the trial court, and is reviewed for abuse of that discretion. See Rowlett v. Vanderburgh Cnty. Office of Family & Children, 841 N.E.2d 615, 617 (Ind. Ct. App. 2006) (reviewing denial of a motion for continuance for abuse of discretion).

18. In exercising that discretion, Indiana courts commonly consider: (a) the timeliness of the motion; (b) the 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.

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 a witness -- recommended supporting showing):

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. IMPOSE no conditions on the Moving Party, or in the alternative, set only such reasonable conditions as the Court deems appropriate [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 7(D):

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. ☐ The following conditions are imposed on the continuance in the Court's discretion: [________________________________].

☐ No conditions are imposed.

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 7 — Pleadings and motions (subdivision (D), Written motions for continuance; effective Jan. 1, 2025): https://rules.incourts.gov/Content/trial/rule7/current.htm
• Indiana Trial Rule 6 — Time (enlargement of time): https://rules.incourts.gov/Content/trial/rule6/current.htm
• Indiana Supreme Court, Order Amending Rules of Trial Procedure (Oct. 30, 2024; deleting former Trial Rule 53.5, eff. Jan. 1, 2025): https://www.in.gov/courts/files/order-rules-2024-1030-admin-trial.pdf
• Indiana Rules of Trial Procedure (official): https://rules.incourts.gov/Content/trial/default.htm
• Rowlett v. Vanderburgh Cnty. Office of Family & Children, 841 N.E.2d 615 (Ind. Ct. App. 2006) (abuse-of-discretion review of denial of continuance)
• Indiana E-Filing System (Odyssey File & Serve): https://www.in.gov/courts/iocs/