Ashtabula County Court of Common Pleas, General Division Adjournment & Extension Requirements

CRITICAL

Counsel may agree to one extension of up to 30 days without leave of Court if written consent signed by counsel for each party is filed with the Clerk; otherwise, or for more than 30 days, a party may move for additional time and must state the number of prior extensions obtained.

A. All counsel may agree to grant a party one (1) extension of time to move or plead, not exceeding thirty (30) days, without leave of Court. Such consent shall be filed with the Clerk, in writing, signed by counsel for each party. B. If the parties or counsel cannot agree to the first extension of time or if an extension of time beyond thirty (30) days is desired, a party may move the Court for such additional time which shall be fixed by the Court. Each such motion shall state therein the number of prior extensions of time obtained by the moving party.

CRITICAL

A continuance request must be submitted to the assigned Judge at least 14 days before the trial or hearing, absent an emergency or other Court-sufficient cause, and must be made by motion with a proposed order and the specified supporting information.

Requests for continuance shall be submitted to the Judge assigned to the case at least fourteen (14) days prior to the trial or hearing date, absent emergency or other cause deemed sufficient by the Court. Requests for continuance shall be by motion and a proposed judgment entry/order shall be attached. The motion shall include: A. The reason for the request. B. Supporting Documentation of the reason for the request, e.g., conflicting hearing notice, flight schedule, medical documentation, etc. If the party does not have documentation, they may attach an affidavit or other supporting documentation and counsel’s personal verification. C. The time and date of the current assignment. D. A statement that all other parties have been contacted regarding the continuance and noting whether there is an objection or agreement to the continuance.

CRITICAL

A party seeking a trial continuance or material witness warrant because a witness is unavailable must properly serve the subpoena or make good-faith efforts to serve it and file a written motion before the request.

The courts will not continue a trial or issue a material witness warrant due to the unavailability of any witness unless the party that is requesting the continuance or warrant has properly served, or made good-faith efforts to serve, the subpoena in accordance with Ohio Rule of Civil Procedure 45(B), and has filed a written motion with the Court prior to the request.

CRITICAL

A trial will not be continued, and a material witness warrant will not issue, for an unavailable witness unless the requesting party properly served or made good-faith efforts to serve the subpoena and filed a written motion before the request.

The courts will not continue a trial or issue a material witness warrant due to the unavailability of any witness unless the party that is requesting the continuance or warrant has properly served, or made good-faith efforts to serve, the subpoena in accordance with Ohio Rule of Criminal Procedure 17(D), and has filed a written motion with the Court prior to the request.

WARNING

If a case has been set for trial, filing a responsive pleading under this rule is not a reason to continue the trial unless the Court orders otherwise.

C. If the case has been set for trial, the filing of any responsive pleading - under this rule shall not be a reason for continuance of trial unless otherwise ordered by the Court.