Eighth Judicial Court Rules

Rule 4.20 – Continuances.

Rule 4.20. Continuances.

  • (a) For good cause, the probate commissioner has the discretion to vacate or continue matters.

    (b) At the call of the calendar, if a matter is not ready for hearing or approved, it may be continued from week to week for not more than 4 weeks. After the fourth continuance, it will be ordered off calendar unless a motion for further continuance is granted by the court. If a continuance is requested, the probate commissioner must be notified not later than 4:00 p.m. on Wednesday of the week the matter is to be heard. A later request will be considered only by the court upon a showing of good cause.

    (c) At the call of the calendar, if objection or exception is taken to any matter on the approved list, and petitioner or petitioner’s counsel is not present, the court shall continue the matter and provide notice thereof to petitioner or petitioner’s counsel in any case wherein the court may effect a substantial change in the relief prayed for unless the probate commissioner determines that the objection is not meritorious or otherwise not grounded in applicable law.

    (d) If an objecting party fails to file a written objection to a matter set for hearing or files and serves a written objection to a petition later than 4:00 p.m. on the Wednesday of the week the matter is to be heard, the non-objecting party may, as a matter of right, request to continue the matter for 1 week to allow the non-objecting party to file a written response to the objection. If a continuance is requested in the manner so provided herein, the probate commissioner must grant such continuance unless it would be manifestly unjust to do so.

          [Amended; effective September 2, 2014.]