Auglaize County Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

For cases assigned for trial, a continuance application must show good cause, and an application based on a witness's absence must also show counsel's reasonable diligence.

In cases assigned for trial, applications for Continuances must be supported by evidence of good cause for Continuance and when such application is based upon the absence of a witness it must be supported by evidence of reasonable diligence on the part of counsel.

CRITICAL

No continuance of an oral hearing will be granted except upon written application of the Court together with evidence of good cause for such continuance. Also, its applications for continuance must be made at least seven (7) days prior to such hearing.

No continuance of an oral hearing will be granted except upon written application of the Court together with evidence of good cause for such continuance. Also, its applications for continuance must be made at least seven (7) days prior to such hearing.

CRITICAL

An extension beyond the period previously allowed requires a written motion and supporting affidavit showing practical impossibility and good cause; the papers must be served on opposing counsel, and the matter will be heard at a time set by the Court, even if counsel consents to an extension beyond 21 days.

Where an additional extension of time beyond that provided by the foregoing paragraph is needed, the party desiring the extension shall file a written Motion supported by an affidavit stating facts indicating the practical impossibility of pleading within Rule and demonstrating good cause for further extension. The Motion and affidavit shall be served upon opposing counsel and the matter shall be heard at a time to be fixed by the Court. Motion and affidavit will be required even though consent of counsel is obtained if the extension is for a period of time beyond twenty-one (21) days.

CRITICAL

Untimely continuance requests will be denied.

Untimely requests will be denied.

CRITICAL

All continuance applications require the Judge's approval.

All applications for Continuances must be approved by the Judge subject to the following:

CRITICAL

Before a Rule date expires, leave for an extension may be permitted if the total extension is no more than 21 days; after expiration, leave requires good cause.

Prior to the expiration of any Rule date, any party may be permitted leave to Move or Plead provided the total extension of time does not exceed twenty-one (21) days. Subsequent to the expiration of a Rule date, leave will be granted only for good cause shown.

WARNING

Counsel with a conflict after a trial date is scheduled should immediately apply for a continuance, and the request must include a copy of the order creating the conflict.

After a trial date is scheduled, counsel who has a conflict with a scheduled trial date should immediately apply for Continuance so that their case may be rescheduled and a replacement case inserted instead; also, requests must be accompanied by a copy of the Order creating the conflict.