Policy 6

Hearings - Continuance - Trailing Dockets

Judges must exercise discretion in deciding what cases to continue when more cases than time allows are ready to proceed to hearing on a trailing docket. In exercising that discretion a judge will consider the following factors, among others:

Whether the case has been continued previously.

Whether any parties or witnesses have traveled from out-of-state or a great distance in-state to attend the hearing.

Whether expert witnesses are in attendance who are being compensated for their time by the parties.

The nature of the issues at hearing (for example, whether compensability or a need for medical treatment are at issue).

The relative hearing time estimates of the cases set for hearing.

The date of filing of the application for hearing.