N.D.R.Ct. 6.1 Continuances

RULE 6.1 CONTINUANCES

(a) Attorney Engaged. A party is entitled to a continuance on the ground that his attorney is actually engaged in another trial or hearing, but only for the duration of the particular trial or hearing in which the attorney is then engaged.

(b) Other Continuances. Motions for continuance shall be promptly filed as soon as the grounds therefor are known and will be granted only for good cause shown, either by affidavit or otherwise. Stipulations for continuance will not be recognized except for good cause shown. Every continuance ~~or postponement~~ granted upon motion ~~shall be upon such terms as the court may impose~~ must be to a future date consistent with the docket currency standards for district courts, except for good cause shown.

EXPLANATORY NOTE

Rule 6.1 was amended, effective March 1, 2005.

Subdivision (b) was amended effective March 1, 2005, to provide that the docket currency standards for district courts, which are set out in N.D. Sup. Ct. Admin. R. 12, must be considered when a continuance is granted.

SOURCES: Council of Presiding Judges Minutes of March 17, 2004.

CROSS REFERENCE: N.D. Sup. Ct. Admin. R. 12 (North Dakota Docket Currency Standards for District Courts).