Indiana’s Verified Motion for Continuance is the document you file to ask a judge to reschedule a hearing or trial date, and it only works if you show good cause, include the pieces the trial rules require, and keep showing up to your current hearing until a signed order moves it. A free statewide packet is available from Indiana Legal Help, and you file it through Indiana’s electronic filing system or, if you don’t have an attorney, on paper at the county clerk’s office.
Where to Get the Form
Indiana Legal Help publishes a downloadable continuance packet that contains the motion, instructions, and a proposed order for the judge’s signature.1Indiana Legal Help. Commonly Used Forms The packet is designed for people without an attorney and works in any Indiana court.2Indiana Legal Help. Verified Motion for Continuance Indiana Form
Before you open the form, pull up your case. You will need the court name, the parties’ names exactly as they appear on earlier filings, and the case number. If you can’t find your paperwork, search for the case at mycase.in.gov.3Indiana Legal Help. How to Ask for a New Court Date
Filling In the Caption and Hearing Date
The top of the form is the caption. Copy the state, county, court, case number, and full party names from an existing filing so everything matches.2Indiana Legal Help. Verified Motion for Continuance Indiana Form Then identify the specific hearing or trial date you want rescheduled.
Writing a Reason That Meets the Good Cause Standard
The reason is the part the judge actually reads. Indiana Trial Rule 53.5 says a continuance “shall be allowed upon a showing of good cause established by affidavit or other evidence.”4Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 53.5 Continuances Common reasons include a medical issue, a scheduling conflict with another court appearance, time needed to gather evidence, or still trying to hire an attorney. Be specific. “I need more time” won’t do it. If you’re citing a medical emergency, attach something that backs it up, like a doctor’s letter or a hospital discharge summary.
If your reason is missing evidence or an unavailable witness, Rule 53.5 asks for more. Your affidavit has to explain what evidence you expect to get, what you’ve already done to find it, where it probably is, and, for a witness, the person’s name, residence, and how likely it is you can get their testimony within a reasonable time.4Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 53.5 Continuances The other side can defeat the request by agreeing to accept the absent witness’s expected testimony as true, which removes the need to postpone.
Stating the Opposing Party’s Position
Indiana Trial Rule 7(D) requires every continuance motion to say whether the other side agrees, objects, or hasn’t responded. Your motion must include one of these three statements:5Indiana Rules of Trial Procedure. Indiana Rules of Trial Procedure Rule 7 – Pleadings and Motions
- The opposing party has no objection.
- The opposing party objects.
- The opposing party’s position is unknown. If you choose this one, you also have to describe the date, time, and method you used to try to reach them, and what happened.
Contact the other side (or their attorney) before you file and ask. Judges grant unopposed motions far more often, and an agreement often means the judge rules without holding a hearing.
The Proposed Order
Indiana Trial Rule 7(B) requires a separate proposed order with every written motion.5Indiana Rules of Trial Procedure. Indiana Rules of Trial Procedure Rule 7 – Pleadings and Motions It’s in the Indiana Legal Help packet. The judge uses it to write “GRANTED,” fill in the new date, and sign. Filing the motion without the proposed order is one of the most common mistakes self-represented filers make, and it slows the whole request down.
Signing Under Penalty of Perjury
The word “verified” refers to how you sign. Indiana Trial Rule 11 requires the person with knowledge of the facts to sign and affirm the motion’s truth “under the penalties for perjury.”6Indiana Judicial Branch. Indiana Rules of Trial Procedure – Rule 11 Signing and Verification of Pleadings – Section: Verification by Affirmation or Representation The form carries language such as, “I affirm, under the penalties for perjury, that the foregoing representations are true.” Sign and date directly under that line.
A false affirmation carries the same penalties as a false affidavit, and an unsigned motion, or one signed to abuse the process, can be stricken from the record entirely.6Indiana Judicial Branch. Indiana Rules of Trial Procedure – Rule 11 Signing and Verification of Pleadings – Section: Verification by Affirmation or Representation If that happens, the case proceeds as though you never filed anything.
When to File
Rule 7(D) requires you to file “as soon after the cause for continuance or delay is discovered.”5Indiana Rules of Trial Procedure. Indiana Rules of Trial Procedure Rule 7 – Pleadings and Motions There is no fixed number of days in advance. The standard is reasonableness. The moment you know you can’t make the hearing, start preparing the motion. Filing the morning of a hearing on facts you’ve known for weeks is one of the quickest ways to get denied, because the delay itself cuts against good cause.
How to File
Electronic Filing
Indiana uses the Odyssey File & Serve system for electronic filings.7Indiana Judicial Branch. Indiana Statewide E-filing Create an account through an approved e-filing service provider, select your case, choose the correct filing code (look for “Motion” or “Motion for Continuance” in the dropdown), and upload the motion, the proposed order, and any supporting documents. The wrong filing code will get the submission rejected and send you back to refile.
Indiana courts don’t charge a separate filing fee for motions filed after a case has already been opened, though your e-filing service provider may charge a small transaction fee.8Indiana Legal Help. Filing Fee Frequently Asked Questions
Paper Filing if You Don’t Have an Attorney
Self-represented litigants are exempt from the e-filing requirement, though they’re encouraged to use it. You can file paper copies at the county clerk’s office instead. Bring at least two: one for the court file and one for the clerk to stamp “filed” and hand back to you. That stamped copy is your proof.
Serving the Other Parties
Once the clerk accepts the filing, Indiana Trial Rule 5 requires you to send a copy to every other party or their attorney.9Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 5 Service and Filing of Pleadings, Documents, and Other Papers If you filed electronically and the other parties are registered with the e-filing system, service happens automatically. If they’re not registered, mail a copy to their last known address.
Either way, include a certificate of service at the end of the motion itself, listing who you served, the date, and the method (electronic, mail, or hand delivery).9Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 5 Service and Filing of Pleadings, Documents, and Other Papers It goes at the bottom of the document rather than as a separate paper. The clerk can accept a document without one, but you’ll be required to file a certificate promptly afterward.
What Happens After You File
Filing the motion does not reschedule the hearing. Your original date stays on the calendar until a judge signs an order changing it. The judge may grant the continuance, deny it, or set a short hearing to discuss it, especially if the other side objects. If granted, the court issues a new order with the rescheduled date and time.2Indiana Legal Help. Verified Motion for Continuance Indiana Form
You’ll be notified of the decision through the e-filing system or by mail. Until a signed order confirming the new date is in your hands, you are expected to appear at the original hearing.3Indiana Legal Help. How to Ask for a New Court Date This is where people trip up most often. A filed motion is not a granted motion. Skip the hearing without the order and you risk a default judgment against you, or the dismissal of your own claims.
A Note for Criminal Defendants
If your case is criminal rather than civil, a continuance interacts with Indiana Criminal Rule 4, which caps how long you can wait for trial. A defendant held in jail must be tried within 180 days of being charged or arrested, whichever is later. A defendant released on bond has a one-year limit.10Indiana Rules of Court. Rule 4 Impact of Delay in Criminal Trials
Delays the defendant causes, including continuances the defendant requests, are excluded from those time calculations.10Indiana Rules of Court. Rule 4 Impact of Delay in Criminal Trials Every continuance you request effectively pauses your speedy trial clock. Court congestion and emergencies are also excluded. If the limits expire without those exclusions saving the case, the charges must be dismissed, and if the court already granted one extension and the state still can’t bring the case to trial within 90 additional days, the dismissal is with prejudice and the charges can’t be refiled. Talk to an attorney before giving up that clock.
Why Judges Deny Continuance Motions
Judges have broad discretion under Rule 53.5, and a continuance is never automatic. The court can also order the party who caused the delay to reimburse the other side’s actual expenses.4Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 53.5 Continuances Common reasons for denial:
- A vague or unsupported reason. “Not ready” without specifics or documentation does not satisfy good cause.
- A late filing. A motion submitted the day before a hearing on facts known weeks earlier signals a lack of diligence.
- Repeated requests. Once you’ve already been granted a continuance, the next one gets closer scrutiny.
- Prejudice to the other side. Fading witness memory, lost evidence, or mounting costs can tip the balance against you.
- Missing the Rule 7(D) statement about the opposing party’s position, which can get the motion rejected outright.