Continuances

(a) (b) (c) Court’s Discretion. The court may continue proceedings in a civil case on its own or on the motion of one or more parties. Consultation with Clients. Attorneys must consult with their clients before asking the court to continue a trial.

Unavailable Evidence. A party seeking to continue a trial because evidence is unavailable must include with the motion an affidavit showing: (1) (2) (3) (4) that the evidence is material; that the party has acted diligently to obtain it; where the evidence might be; and if the evidence is the testimony of an absent witness: (A) (B) (C) (D) (E) the name and residence of the witness, if known; the likelihood of procuring the testimony within a reasonable time; that neither the party nor anyone at the party’s request or with the party’s knowledge procured the witness’s absence; the facts the party believes the witness will truthfully testify to; and that the party cannot prove the facts by another witness whose testimony can be readily procured. (d) Stipulation to Unavailable Evidence. The court may not continue a trial because evidence is unavailable if all parties stipulate to the content of the unavailable evidence.

Despite the stipulation, the parties may contest the stipulated evidence as if it had been available at trial. (e) Award of Costs. The court may order a party seeking a continuance to reimburse other parties for their actual expenses caused by the delay. Local Rules |Northern District of Indiana Page | 27 Civil Rule 16-6