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Rule 3: Advancing and Passing of Cases



(A) Advancement. No case shall be advanced for pretrial/case management conference, trial, or hearing out of its regular order except upon order of the judge to whom the case is assigned. All motions to advance must be accompanied with a brief citing in detail the reasons for the request.

(B) Continuances. No case in which a date certain had been fixed for pretrial/case management conference, trial, or hearing shall be passed without the authorization of the assigned judge. For good cause shown a case awaiting trial may be continued provided a written motion is submitted to the judge.The motion shall state specifically the reason(s) for the continuance and shall set forth the number of previous continuances granted and at whose request. If the reason for the continuance is due to a conflict of trial assignment dates, the attorney must attach a copy of the conflicting assignment thereto.

The motion shall also contain the written endorsement of the moving party, as well as the moving party's attorney, if represented. This requirement may be waived for good cause shown, provided that the motion states the reason why the attorney has been unable to obtain the endorsement of the party and the reason why the requirement should be waived.

A copy of the motion must be served upon opposing counsel, or the opposing party if not represented, prior to submission to the assigned judge. If the case has been referred to a magistrate for hearing, the motion must be submitted to the magistrate for approval prior to the submission to the judge. If the motion is not granted by the assigned judge, the case shall proceed as originally scheduled.

The attorney or party, if unrepresented, shall prepare a journal entry granting the motion for continuance and submit it to the court along with the motion. The number of previous continuances granted, the party requesting said continuances, and a space for the new pretrial/case management conference, trial or hearing date shall be included in the journal entry.

(Effective July 1, 1991.  Amended effective December 11, 2000.)

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