RULE 9. CONTINUANCE
Effective Date: 7/1/2021
(a) Granting Continuance.
(1) In General. On motion of a party or on the court’s own motion, 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 unduly 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. The court must make specific findings that the continuance or adjournment is in the best interests of the child or that other good cause for continuance has been shown.
(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; amended effective October 1, 2019; the explanatory note was amended effective July 1, 2021.
The good cause standard in paragraph (a)(2) and subdivision (b) 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.
Subdivision (a) was amended, effective October 1, 2019, to allow a continuance to be granted on motion of a party or on the court’s own motion.
Subdivision (b) was amended, effective October 1, 2019, to allow continuance of an adjudication or disposition hearing when good cause is shown.
SOURCES: Juvenile Policy Board Minutes of June 11, 2021July 31, 2019, page 1; June 21, 2019, page 1;February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of April 26, 2019, pages 10-12.
CROSS REFERENCE: N.D.R.Juv.P. 14 (Motions); Unified Judicial System Policy 409 (Juvenile Court Time Standards).