Rule 42.1 Delay Reduction; Continuances
Title V: Rules for Juvenile Proceedings in District Courts and in Juvenile Courts for the Parishes of East Baton Rouge, Orleans, Jefferson and Caddo | Chapter 42: General Rules and Procedures
Rule Text
(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.
Amendment history: Adopted April 29, 2008, effective July 1, 2008; amended November 20, 2009, effective January 1, 2010.