UTCR 6.030: POSTPONEMENT OF TRIAL

(1) A request to postpone a trial must be by motion.

(2) A motion to postpone a trial must be signed by the attorney of record and contain a certificate stating that the attorney has advised the client of the request and must set forth:

(a) The date scheduled for trial;

(b) The reason for the requested postponement;

(c) The dates previously set for trial;

(d) The date of each previous postponement; and

(e) Whether any parties to the proceeding object to the requested postponement.

(3) If the motion to postpone is based upon a conflicting proceeding in another court, it must set forth, in addition to the information required by subsection (2) of this section:

(a) The name of the court in which the conflict exists;

(b) The date of the conflict;

(c) The date on which the other proceeding is to begin;

(d) The case number and the date of filing of the conflicting case;

(e) The date on which the conflicting case was set for trial; and

(f) The information required by UTCR 6.040(2).

(4) If a motion to postpone a civil trial is based upon stipulation of the parties:

(a) The new trial date must be within the time periods set forth in UTCR 7.020(5);

(b) The motion must be filed at least 28 days before the date then set for trial;

(c) The motion must be signed by the attorneys of record;

(d) The motion must contain a certificate stating that the attorneys have advised their clients of the stipulation and the clients agree to the postponement; and

(e) The motion must set forth the date scheduled for trial, the new trial date requested, and that the new date is available on the court’s trial docket.

(5) The motion may be decided by a summary determination without a hearing.

(6) Motions to postpone are not subject to UTCR chapter 5, except UTCR 5.040 and 5.060. 1993 Commentary: The court has discretion to allow or deny any motion for postponement under ORCP 52 and this rule, but the committee recommends that the court generally allow a motion under subsection (4) of this rule if the new trial date requested can be reasonably accommodated on the court’s docket.