Family Law Tip of the Week: Last-Minute Continuances

Welcome to Tip of the Week! Judicial officers will offer a tip each week for members of the Family Law Section. Feel free to send suggestions to Mag. Kim Mattingly at kimberly.mattingly@indy.gov.

By Mag. Kimberly Dean Mattingly, Marion Superior Court

New to the case? Do not assume your request for a continuance will be granted. Do not accept the retainer if you cannot be at the hearing. Opposing counsel does not object? Not a guarantee of a continuance – as I noted on a motion to reconsider a denial this week, the court may object!
 
General rules: the longer the hearing has been set, the less likely it is to be continued. Similarly, half-day and full-day hearings need a very good reason to be continued at the last minute. Re-read Local Civil Rule 215. The only lawyer I ever knew who filed the required affidavit with a last-minute continuance has passed away…haven’t seen a single one since.

Stay tuned for a new tip next week!

If you would like to submit content or write an article for the Family Law Section page, please email Kara Sikorski at ksikorski@indybar.org.