41.1 Conflict of Trial Court Assignment Dates, Continuances and Engaged Counsel

A. CONTINUANCES

 

The continuance of a scheduled trial or hearing is a matter within the sound discretion of the trial court for good cause shown.  No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by the party as well as counsel, provided that the trial judge may waive this requirement upon a showing of good cause.  A proposed entry shall be filed with a motion for continuance, leaving the time and date blank for the court to set a new date.  Before the continuance is granted, the court shall first set a definite date for the trial or hearing.

 

B.  CONFLICT OF TRIAL ASSIGNMENT DATES

 

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court, the case that was first set for trial shall have priority.  A motion for continuance due to a conflict of trial assignment dates will only be considered if a copy of the conflicting assignment is attached to the motion and the motion is filed not less than (30) thirty days prior to trial.

 

C. ENGAGED COUNSEL

 

If a designated trial attorney has such a number of cases assigned for trial so as to cause undue delay in the disposition of such cases, the administrative judge may summon such trial attorney who persistently requests continuances and extensions to warn the attorney of the possibility of sanctions and to encourage the attorney to make the necessary adjustments in the management of his or her practice.  Where such measures fail, restrictions may properly be imposed by the administrative judge on the number of cases in which the attorney may participate at any one time.