La. R. Dist. Ct. 42.1

As amended through May 31, 2024

Rule 42.1 - Delay Reduction; Continuances

(a) All motions for continuance shall be in writing and filed at the earliest possible date. Such motions are set in the same manner as other motions. Continuances shall be granted only for good legal cause shown. The court may, however, entertain an oral motion for a continuance in exceptional circumstances, as the ends of justice require. The reason for any continuance shall be included in the court record.

(b) If a continuance is sought ex parte, the movant shall certify in the motion that all parties have been notified and have no objection. Parties may be notified through counsel of record.

(c) Counsel are responsible for monitoring the status of their case, arranging for reissuance of subpoenas, and otherwise ensuring that their case is ready for trial.

(d) No continuances or extensions of time shall be permitted that may result in non-compliance with either the Children's Code or federal ASFA legislation or regulations.

(e) Whenever necessary, cases may be taken under advisement, but shall not remain without decision for a period in excess of thirty days without the knowledge and consent of the attorneys representing the parties at interest. Cases under advisement for more than thirty days shall be reported to the Supreme Court as required by Louisiana Supreme Court General Administrative Rule XXIX, Section 2.

(f) In the event that a continuance is granted, or a delay permitted, that exceeds the maximum allowable times established by the Children's Code, the court is mandated by Supreme Court Rule XXXIII, Part II to report such continuance within ten days to the Louisiana Supreme Court, along with the reasons for the delay, and a copy of the order.

La. Dist. Ct. 42.1

Adopted April 29, 2008, effective 7/1/2008; amended November 20, 2009, effective 1/1/2010.

Comments

(a) Orleans Parish Juvenile Court requires that a continuance be filed not less than seventy-two hours before the scheduled hearing.

(b) Caddo Parish Juvenile Court requires the following:

(1) A continuance shall be filed at least five days before the scheduled hearing.

(2) A continuance of an adjudication hearing may be granted only after filing of a written motion with notice to opposing parties and upon showing of good cause arising from extraordinary circumstances. If granted by the Court, the Court shall issue written reasons reciting the particular facts justifying the continuance, identifying the mover, and refixing the adjudication hearing no more than five days after the initial hearing date.

(3) A continuance of an evidentiary hearing may be granted only after filing of a written motion with notice to opposing parties and upon showing of good cause arising from extraordinary circumstances. If granted by the Court, the Court shall issue written reasons reciting the particular facts justifying the continuance, identifying the mover, and refixing the adjudication hearing at the earliest reasonable available time after the initial hearing date.

(1) No continuance will be granted based solely upon the non-appearance of a party's witness if the absent witness was not properly subpoenaed to appear by the party moving for the continuance.

(2) Continuances shall only be granted in accordance with the provisions of the Children's Code regarding continuances and delays in permanency proceedings (Child in Need of Care, Involuntary Termination of Parental Rights, and any adoptions stemming from such matters).

(d) East Baton Rouge Juvenile Court also requires:

(1) All cases shall be tried on the date set unless the trial is continued by order of the Court.

(2) Prior to filing a motion for continuance, all parties shall be notified and the Court shall thereafter be advised by the moving party if any party objects.

(3) Continuances shall be filed at least twenty-four hours before the scheduled hearing.