Circuit Court for Davidson County, Tennessee Adjournment & Extension Requirements

CRITICAL

A continuance is granted only if attorneys appear personally, or participate by phone conference in an emergency.

The court will only grant a continuance if the attorneys appear personally or, in an emergency, have a phone conference.

CRITICAL

Continuance request correspondence must state the basis for the request and all communications with opposing counsel about the request.

The correspondence shall contain the basis for the request for the continuance and set forth all communication with opposing counsel regarding the request for continuance.

CRITICAL

Contested cases and judicial settlement conferences may be continued only upon a showing of good cause through a motion and affidavit.

Contested cases and judicial settlement conferences will only be continued upon a showing of good cause accompanied by motion and affidavit.

CRITICAL

A local witness's absence does not justify a continuance unless the subpoena was issued and dated at least 10 days before trial (Local Rule 28.02).

Absence of a witness will not be a cause for continuance unless the subpoena has been issued and dated 10 days prior to a trial for a local witness and 14 days for an out-of- county witness, pursuant to Local Rule 28.02.

CRITICAL

Parties may not stipulate to a continuance without Court permission; the Court routinely grants continuances of motions, Show Cause hearings, and most contempt hearings, especially on first settings.

Parties may not agree to a continuance without Court permission, but the Court will routinely grant continuances of motions, Show Cause hearings, and most contempt hearings (especially on first settings).

CRITICAL

Participants unable to attend a status conference must notify the Special Master five days in advance for rescheduling.

If participants are unable to attend the status conference on the scheduled date or at the specified time, the Special Master must be notified five (5) days before the scheduled status conference, and the conference will be rescheduled.

CRITICAL

Contested cases and judicial settlement conferences require good cause shown by motion and affidavit; parties cannot agree to a continuance without court permission.

Contested cases and judicial settlement conferences will only be continued upon a showing of good cause accompanied by motion and affidavit. Parties may not agree to a continuance without Court permission, but the Court will routinely grant continuances of motions, Show Cause hearings, and most contempt hearings (especially on first settings).

WARNING

When a case is continued, the parties must schedule an ADR event between the continued date and the new trial date.

If a case is continued, the parties must plan an ADR event between the continued date and the new trial date, whether it is a civil or family case.

WARNING

Discovery deadlines will not be extended except for an unexpected occurrence.

Unless there is an unexpected occurrence, the court will not extend deadlines.

WARNING

Agreements to continue an OP matter must be presented to and approved by the Court before or at the initial hearing; all parties must be present for continuance requests unless the Court approves otherwise.

Any agreement to continue the matter between parties and/or their attorneys must be presented to and approved by the Court prior to or at the initial hearing date. All parties are to be present in court for any continuance requests unless approved by the Court prior to the hearing date.

WARNING

The Court may continue an OP hearing and extend an ex parte order for good cause; petitioner continuance requests require good cause.

At the initial hearing, the Court, for good cause shown, may continue the matter to a later date and extend any ex parte order beyond the 15 day period. Continuance requests by the petitioner will not be granted absent good cause.

WARNING

Discovery or trial-preparation failures are not grounds for a continuance when the case was set by agreement or by unopposed motion.

When a case is set by agreement or set upon motion without objection, failure to have completed discovery, inability to take a deposition or failure to have completed any other trial preparation will not be a cause for a continuance.

WARNING

If the matter in question was set by agreement, the matter will be continued only for good cause. If the matter requested was set by the Court without input from attorneys for the parties (i.e., a Show Cause Order) or if the matter was set unilaterally by attorneys opposing the continuance (i.e., a motion hearing), the Court will be inclined to liberally grant the continuance.

If the matter in question was set by agreement, the matter will be continued only for good cause. If the matter requested was set by the Court without input from attorneys for the parties (i.e., a Show Cause Order) or if the matter was set unilaterally by attorneys opposing the continuance (i.e., a motion hearing), the Court will be inclined to liberally grant the continuance.

WARNINGCivil casesProposed or draft document; may not be in force

Once a case is set for trial, parties must file a motion for the Court to consider rescheduling the trial.

Once a case is set for trial, the parties must file a motion for the Court to consider rescheduling the trial.

WARNING

A continued case must be set for a date certain, and the order must state the reason for the continuance.

If a case is continued, it must be continued to a date certain. The reason for the continuance must be contained in the order.

WARNING

Continuances of motions should be to a specific date rather than indefinite.

Continuances of motions should be to a date certain versus indefinitely.

WARNING

Continuance agreements must be presented to and approved by the Court; all parties must be present for continuance requests unless the Court approves otherwise.

Any agreement to continue the matter between parties and/or their attorneys must be presented to and approved by the Court prior to or at the initial hearing date. All parties are to be present in court for any continuance requests unless approved by the Court prior to the hearing date.

WARNING

Settlement conference dates cannot be modified without Court approval; if unable to attend, notify the Special Master and file a pleading for relief.

Judicial Settlement Conferences are set by order of the Court. The Special Master does not have authority to reschedule, delay, reset, cancel, or otherwise modify the Judicial Settlement Conference date without Court approval. NO EXCEPTIONS. If you cannot attend the Judicial Settlement Conference as ordered, you should immediately notify the Special Master and file the appropriate pleading requesting relief from the Court. Please note there is no guarantee relief will be granted just because a request is made.

WARNING

In cases set by agreement or without objection, incomplete discovery, inability to take depositions, or incomplete trial preparation are not grounds for a continuance.

When a case is set by agreement or set upon motion without objection, failure to have completed discovery, inability to take a deposition or failure to have completed any other trial preparation will not be a cause for a continuance.

WARNING

Witness absence is not grounds for a continuance unless the subpoena was issued at least 10 days before trial for a local witness or 14 days for an out-of-county witness.

Absence of a witness will not be a cause for continuance unless the subpoena has been issued and dated 10 days prior to a trial for a local witness and 14 days for an out-of- county witness, pursuant to Local Rule 28.02.

WARNING

Continuance correspondence must state the basis and all communications with opposing counsel; matters set by agreement require good cause, while court-set or unilaterally-set matters are liberally granted.

The correspondence shall contain the basis for the request for the continuance and set forth all communication with opposing counsel regarding the request for continuance. If the matter in question was set by agreement, the matter will be continued only for good cause. If the matter requested was set by the Court without input from attorneys for the parties (i.e., a Show Cause Order) or if the matter was set unilaterally by attorneys opposing the continuance (i.e., a motion hearing), the Court will be inclined to liberally grant the continuance.

INFO

First-time continuation or continuance requests are liberally granted.

First time continuance requests are liberally granted.

INFO

First-time continuance requests are liberally granted.

First time continuance requests are liberally granted.

INFO

The Court may award expenses and attorney's fees, including witness compensation, when granting a continuance.

If a continuance is granted, the Court may award expenses and attorney's fees, including compensation to witnesses for lost income and/or travel expenses, and tax the same as court costs.

WARNING

Continuances of motions should be to a specific date, and indefinite continuances are not preferred and require the Court's permission.

Continuances of motions should be set at a date to be determined or maintained, and not for a future date. Continuances of a motion are not considered advisable and will be allowed only by the permission of the specific motion.