Indiana Motion for Continuance

Introduction

Key Things to Know

1. 1

   Indiana uses the term continuance. The statewide civil rule is Trial Rule 7(D), effective January 1, 2025. The old stand-alone continuance rule, Trial Rule 53.5, was vacated on that date.

2. 2

   The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you the date has been moved.

3. 3

   Trial Rule 7(D) states no standard such as good cause and lists no grounds. The judge decides each request, so explain your reason plainly and do not assume it will be granted.

4. 4

   Small Claims Rule 9(A) says a continuance may be granted for good cause shown. Except in unusual circumstances no party gets more than one continuance, and every continuance needs the specific approval of the court.

5. 5

   Under Trial Rule 7(D), a written motion must be filed under Rule 7(B) with the grounds, the relief sought and a separate proposed order. Rule 7(B) allows an oral motion if it is made during a hearing or trial. Rule 7(D) does not mention an affidavit.

6. 6

   The motion must state whether the opposing party has no objection, objects, or has a position that is unknown. If unknown, it must give the date, time and method of your attempt to get their position. It must also state the approximate time you need and a good-faith estimate of how long the rescheduled hearing will take.

7. 7

   File as soon after you discover the cause as you can (Rule 7(D)(1)). Rule 7(D) sets no day count, and local rules on motions to continue are abrogated. Under the general motion rule, Trial Rule 6, a written motion (other than one that may be heard ex parte) and notice of the hearing on it must be served at least five days before that motion hearing, unless the rules or the court set a different period.

Indiana Requirements for Motion for Continuance

• Trial Rule 7(D) Governs Continuances

  Indiana Trial Rule 7(D), effective January 1, 2025, is the statewide civil continuance rule. The former Trial Rule 53.5 was vacated on that date.

• File As Soon As Cause Is Discovered

  A party must file a motion for continuance as soon after the cause for continuance or delay is discovered (Rule 7(D)(1)). No fixed day count is stated.

• Written Motion With Proposed Order

  A written motion is filed under Rule 7(B) with the grounds, the relief sought and a separate proposed order. An oral motion is allowed during a hearing or trial.

• Statement of Opposing Party's Position

  The motion states that the opposing party has no objection, objects, or has an unknown position, with the date, time and method of the attempt to obtain it if unknown (Rule 7(D)(2)).

• Time Needed and Hearing Estimate

  The motion states the approximate time needed before the matter can be heard and a good-faith estimate of the time for the rescheduled hearing (Rule 7(D)(4)).

• Small Claims Good Cause Standard

  Small Claims Rule 9(A) allows a continuance for good cause shown. Except in unusual circumstances no party gets more than one, and every continuance needs the court's specific approval.

• Local Continuance Rules Abrogated

  Rule 7(D)(5) abrogates local rules on motions to continue, so county continuance rules should not override the statewide rule.

• Hearing Date Stands Until Court Rules

  Filing the motion does not postpone the hearing. Attend unless the court grants the motion and tells you the date moved.