Rule 73.7.Continuances
Last amended July 1, 2026 · Last verified July 1, 2026
Full Text of Rule 73.7
Amendment History
Effective Date: July 1, 2026
Plain-English Summary
Division (A) requires a motion for a continuance to be in writing, with the proper caption and case number. Division (B) requires proof that the adverse party or that party’s counsel received reasonable notice of the request, or consented to it, before a continuance may be granted. Silence counts: a party who does not object within a reasonable time after receiving notice is treated as consenting. The notice requirement does not apply when the court continues a matter on its own motion.
Division (C) handles the paperwork. The motion must come with a proposed entry that leaves the time and date blank, so the court can fill in the new setting.
Continuances in every civil case are also governed by Rule 6(B), which requires, among other things, that a motion to continue a trial or hearing state its reason and that the court set a definite new date. Under Rule 73(A)(2), the probate rules control only where they conflict with another Civil Rule; otherwise Rule 6(B) applies in probate court as well.
Frequently Asked Questions
Does the other side have to agree to a continuance?
No, but it must have had reasonable notice. Under Rule 73.7(B), a continuance requires proof of reasonable notice to, or consent by, the adverse party or its counsel, and a party who fails to object within a reasonable time after notice is treated as consenting.
What has to accompany a motion for a continuance in probate court?
A proposed entry that leaves the time and date blank for the court to set a new date, under Rule 73.7(C). The motion itself must be written and carry the proper caption and case number.
Can the probate court continue a hearing on its own?
Yes. Rule 73.7(B)’s notice-or-consent requirement applies “except on motion of the court.”