Continuances, dismissals, and non-suits can be requested by praecipe or by using the form Request for Court Action – Civil/Small Claims Division, which enables the plaintiff in a case to request a continuance, nonsuit or dismissal on a case coming into court. The defendant in a case can also use this form to request a continuance of an upcoming case.
If the continuance request is by agreement of both parties and is received at least 4 business days in advance of the court date, then the request will be sent to chambers for the case to be continued. If the continuance request is not by agreement or is not received at least 4 business days in advance of the court date, then the request is sent with the case into court on the upcoming court date and the judge will decide at that time.
If the continuance request is received at least 4 days prior to the court date and is agreed to by all parties, then the case will be continued to the agreed next court date, pending availability of the chosen date. Available court dates for trial are posted in the docket review room in the clerk's office and in the civil courtrooms each morning before court.
Contested continuance requests must be made by personal appearance in open court, after written motion, with at least 5 days' notice to the court and all parties and/or counsel of record.
Small Claims trials are heard on the initial return date. Prior to the initial court date, a continuance may be granted if the new date is available and agreed to by all parties. Continuances requested without agreement of all parties may be granted only by a judge for good cause shown.
Dismissals and Non-Suits
Requests for dismissal or non-suit of a pending case can be submitted by using the Request for Court Action – Civil/Small Claims Division form, plaintiff's praecipe, endorsed order, or sufficient proof of the consent of all parties.
The plaintiff is able to request a non-suit or dismissal of a case coming into court as long as notice is provided to the defendant and there is no counter-claim pending. If the request is received at least 4 days prior to court either on the Request for Court Action form or in the form of an order, then the case will be removed from the court's docket; otherwise the request will go into court with the case on the court date.
Notice of a second or subsequent non-suit of a case requires a motion with notice to the defendant. The notice must include the date and location of any prior non-suits.
It is the responsibility of the party requesting the court action to send notice to the other party.