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Continuances Small Claims

All requests for a continuance shall be by written motion and will only be granted upon showing of good cause. All requests shall be served on opposing counsel or party. The motion shall set forth the date from which a continuance is requested, reasons for the continuance and certificate of service on opposing counsel and/or party. If a prior trial conflict exists, the date of scheduling shall be stated with a copy of the notice attached to the motion. Entries shall accompany the motions with blanks for the new trial time and date and whether or not they are agreed to by opposing counsel. No request for continuance will be considered if made less than seven (7) days before trial except for circumstances which, by reasonable diligence, could not be determined seven (7) or more days prior to trial.

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 of this state, the case which was set first for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases. The granting of any other request for continuance of a scheduled trial is a matter at the discretion of the trial court.







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