Rule 19.Continuances, scheduling conflicts and consolidation

A continuance motion must be in writing, must concisely state the grounds, and must be filed with the circuit clerk, provided to the court and served on all parties not less than seven days before the hearing. Filed later, it is granted only in exigent circumstances that could not have been anticipated seven days out.

No continuance issues except for good cause, and — absent exigent circumstances — not unless every party has had an opportunity to respond. The rule names one thing that is not good cause: a client's failure to keep to financial arrangements with an attorney. The decision otherwise rests in the court's sound discretion, with one hard limit — a party shall not be granted more than one continuance. The order must set the continued proceeding for a date certain within 75 days of the hearing being continued.

The court may also continue a hearing on its own motion for good cause, again to a date certain within 75 days, and that order must state either that the cause is lack of service and what steps will be taken to effect it, or the specific grounds relied on. Costs, expenses and attorney's fees may be assessed against a moving party who shows no good cause, files late, or has moved to continue more than once.

Two further provisions look outward. Scheduling conflicts are resolved under Rule 5 of the Trial Court Rules. And where two or more family court actions between the same two parties are pending before different family court judges, the court where the first was commenced orders them all transferred to it or to another family court where one is pending; the receiving court may hold a joint hearing or trial, consolidate them, and make other orders tending to avoid unnecessary cost or delay.