RULE 9. CONTINUANCE

Effective Date: 3/1/2010

(a) Granting Continuance.

(1) In General. The court may continue a scheduled proceeding, hearing or adjudication to a later date so long as time requirements for resolution of the matter are not delayed.
(2) Findings Required. Before granting a continuance, the court must make written findings or oral findings on the record that the continuance is necessary for the protection of the child, for accumulation or presentation of evidence or witnesses, to protect the rights of a party, or for other good cause shown.
(3) Notice. The court must, either in writing or orally on the record, provide notice to the parties of the date and time of the continued proceeding.

(b) Adjudication or Disposition. An adjudication or disposition hearing may not be continued or adjourned except on written motion under Rule 14. The court must make specific findings that the continuance or adjournment is in the best interests of the child.

(c) Existing Orders. Unless otherwise ordered, existing orders remain in full force and effect during a continuance. When a continuance is ordered, the court may make any interim orders that are in the best interests of the child.

Rule 9 was adopted effective March 1, 2010.

The good cause standard in paragraph (a)(2) applies when a situation occurs that is not within the control of the party seeking the continuance. It does not apply when there is fault, excusable or otherwise, on the part of the party seeking the continuance.

SOURCES: Juvenile Policy Board Minutes of February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007.

STATUTES AFFECTED:

CROSS REFERENCE: N.D.R.Juv.P. 14 (Motions); Unified Judicial System Policy 409 (Juvenile Court Time Standards).

Effective Date Obsolete Date
03/01/2010 View