Rule 18 Time

(A) Time: computation In computing any period of time prescribed or allowed by these rules, by the local rules of any court, by order of court, or by any applicable statute, the date of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday or a legal holiday. Such extension of time includes, but is not limited to, probable cause, shelter care, and detention hearings.

Except in the case of probable cause, shelter care, and detention hearings when the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in computation.

(B) Time: enlargement

(1) In this division (B), the words “continue” and “continuance” are used in the sense of postponement, delay, and extension of time.

(2) Orders Extending Time

(a) When under these rules, a local court rule, or in accordance with a court order, an event is scheduled for a particular date or an act may or must be done within a specified time or by a particular date, the court for good cause may continue the date or period of time.

(b) No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by the party as well as counsel, provided that the trial judge may waive this requirement upon a showing of good cause. Counsel may sign on behalf of their client per allowance. No court shall grant a continuance to any party at any time without first setting a definite date for the trial or hearing.

(c) The court may act with or without motion or notice if the court acts, or if a request is made, before the particular date or the expiration of the specified time.

(d) The court may act on motion made after the particular date or the expiration of the specified time if the moving party failed to act because of excusable neglect.

(e) The court may not extend the time for taking any action under Juv.R. 7(F)(1), 22(F), 29(A), and 29(F)(2)(b), except to the extent and under the conditions stated in those rules.

(3) Reasons for Continuances

(a) Motions should address the timing and impact of any delay.

A party seeking a continuance should explain in writing the rationale for the request and should be cognizant of the various factors that courts consider in ruling on such a request, including (i) the timing of the request, (ii) the length of the proposed continuance, (iii) the age of the case, (iv) the number and nature of any previous similar requests, (v) the availability of alternative ways to address the concern underlying the request, (vi) counsel’s diligence and overall compliance with the case schedule and case deadlines, (vii) the nature and complexity of the case, (viii) the court’s calendar and the impact of any delay on other cases, (ix) whether other parties consent to or oppose the request, and (x) any inconvenience, increased costs, and prejudice to the rights and interests of the parties and the public that might result from the granting or the denial of the request.

(b) Witness Unavailability.

Before requesting a continuance due to the unavailability of a witness, parties should consider the feasibility of other permitted methods of recording or facilitating the presentation of testimony under these rules and local rules, including deposition or remote testimony.

(c) Attorney Unavailability.

When requesting a continuance due to counsel’s unavailability, the moving party must notify the court about counsel’s conflicting professional commitment and must indicate when that conflicting commitment was scheduled. In most cases, the trial or hearing that was scheduled first will take priority over a conflicting trial or hearing.

(4) Delinquency Proceedings In delinquency proceedings, if a court receives a motion, request, or agreement for a continuance of the case that may result in a delay of the prosecution of the case, the prosecutor must inform the victim if notice has been requested. If the victim objects to the delay in the prosecution of the case, the court may grant a continuance only if the delay in the prosecution of the case is reasonable under the circumstances or is otherwise in the interest of justice. If granted, the court shall state on the record or in a written order the specific reason for the continuance.

(C) Time: unaffected by expiration of term The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the expiration of a term of court. The expiration of a term of court in no way affects the power of a court to do any act in a juvenile proceeding.

(D) Time: for motions; affidavits A written motion, other than one which may be heard ex parte, and notice of the hearing therefor, shall be served not later than seven days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion, and opposing affidavits may be served not less than one day before the hearing unless the court permits them to be served at a later time.

(E) Time: additional time after service by mail Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper upon the person and the notice or other paper is served upon the person by mail, three days shall be added to the prescribed period. This division does not apply to service of summons.