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; TIPO AMZ WTI PIE ML EEN Se gti eae IN THE TERRITORIAL COURT OF THE VLkGIM ISLANDS -of this Court. DIVISION OF ST. CROIX MEMORANDUM AND ORDER Several members of the Bar have adopted the practice of writing letters to the Clerk of the Court, or simply calling the Clerk's Office, to request continuances. In some instances, the request relates to a specific case already set down for a hearing. In other instances, counsel have simply written to- the Court to the effect that he or she would be off-island for a certain period of time, therefore requesting that no cases be set for that period.of time, / , All counsel in this judicial division are hereby put on notice that the Rules of this court set. forth ‘Procedures ‘to. follow for continuarces. AS a result, requests for continuances will not be considered in the Territorial Court, Division of St. Croix unless they are filed in compliance with the Rulés The Federal Rules of Civil’ Procedure made applicable to this Court, 5 Vv... c. App. iv, Rule. 7, require’ all requests for” continuances ‘to’ ‘be by motion and in. writing, ‘along with the. _reasons for said request for continuance. specifically, it is provided that: "An application to the court for an order shall _be by motion which, unless made during a hear~ ing or trial, shall be made in writing, shall state the particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion." 5 V.I.C. App. I, Rule > - 7b). (1). os ‘In addition, ‘5 v.I.c. App. TV, Rule 35 provides: "Moving papers, including proof of service ‘on all motions, shall be filed at least 2 days prior to the day of hearing in order that the motion may be placed on the calendar. All ex parte applications shall be forwarded to the office of the clerk for presentation to the. court.” ‘Rules of the Court. will be a conflict as a result of another counsel will have sufficient notice to prepare his or her motion in compliance with the Rules of this Court and the By this order, the Judges of the Territorial Court, pivi- sion of St. Croix, are putting all counsel on notice of these Rules. It will be the policy of all judges in this Division of the Territorial Court not to consider requests for contin- uances which are not filed in compliance with the Rules of the Territorial court and.the Federal Rules of Civil Procedure as made applicable to this Court, 5 V.I.C. App. IV, Rule 7. While it is recognized that certain unforeseen circumstances may arise, it should be understood that except for extraordin- ary or emergency circumstances, a request for continuance will | not be considered unless the Rules of Court are adhered to... The undersigned also feels compelled to comment: upon..a practice that. has become far too common, and that is the policy of some attorneys who have considered scheduled court appearances to be of lesser importance that many other matters, such .as closings, administrative hearings, and the concerns. of general . day-to-day law practice. Counsel appearing in the Territorial Court, Division of St. Croix, should be aware that the only scheduling conflict that will be considered as a valid reason for a motion for a continuance and for not complying withthe court matter. Attempts will be made to schedule cases so that daily calendar, However, the judges want counsel to be aware that if scheduling conflicts arise, they should be brought to the Court's attention as soon as such conflict becomes known, and not at the last minute at the convenience of counsel. Accordingly, it is this /7 day of April, 1980, ORDERED that all requests for continuances must be filed by written Federal Rules of. Civil Procedure; and it is further. ORDERED that except for extraordinary circumstances, no motion for a continuance will be considered by the Court: un- less submitted in writing at least 2 days prior to scheduled hearings as required by 5 V.I.C. App. IV, Rule 35; and itis finally ORDERED that any motion for a continuance based upon a conflict in other scheduled matters shall be considered only if brought to the attention of the Court as soon as such con- £lict becomes known to counsel. DATED: April ae 1980 | a Raytond L. Winch, Jadge oF : the Territorial Court sane ia!