Avon Lake Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

A continuance motion must be submitted in writing with a supporting brief stating the reasons, and a continuance requires reasonable notice or the other party’s consent.

All motions for continuances shall be submitted to the court in writing and shall include a brief in support setting forth the reasons requiring the continuance. No continuance shall be granted without reasonable notice or consent of the other party(s) or their counsel.

CRITICAL

The court may grant a properly submitted continuance motion for good cause, and a motion not ruled on by the hearing date is considered denied.

Motions for continuance, when submitted in accordance with the above, will be granted in the discretion of the court for good cause shown. A continuance that has not been ruled on by the date of the hearing shall be considered denied.

CRITICAL

Further leave to move or plead requires court approval, notice to the opposing party or counsel, and good cause; counsel’s consent may be filed as a journal entry and is evidence of good cause but is not sufficient by itself.

(B) Any leave to move or plead thereafter may be had only with the approval of the court, with notice to the opposing party or counsel, and for good cause shown. Consent of counsel may be filed as a journal entry in the case and shall be evidence of good cause shown. Consent of the opposing party or counsel shall not, in and of itself, constitute good cause.

CRITICAL

An application for an extension must be filed at least one day before the due date, whether or not opposing counsel consents.

(C) Applications for extensions of time, regardless of consent of opposing counsel must be filed at least one day prior to the due date.

CRITICAL

A continuance will not be granted on the trial date to submit additional documents or witnesses.

No continuances will be granted on the date of trial to submit additional documents or witnesses.

CRITICAL

When necessary, an arraignment may be continued for no more than one week unless the Judge approves a longer period.

(C) CONTINUANCES: In cases where a continuance is necessary, the arraignment may be continued for no longer than one (1) week, unless the Judge approves a longer period.

CRITICAL

For a continuance sought because counsel has a same-day hearing in another court, counsel must attach that court’s notice; hearing or trial schedule conflicts are ruled on under Rule 41(B) of the Ohio Rules of Superintendence.

When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for hearing on the same date in another court, counsel shall attach a copy of the notice received from the other court. Motions for continuance sought due to a conflict in hearing or trial schedules shall be ruled upon in accordance with Rule 41(B) of the Rules of Superintendence for the Courts of Ohio.

CRITICAL

A written continuance request must be filed at least seven days before trial and include the specified case, scheduling, reason, notice, and signature information.

(A) A request for a continuance of a case set for trial shall be filed in writing at least seven days prior to the trial date. (B) The request shall be in writing and shall include: 1. The case caption and case number; 2. The reason for the request; 3. The date and time of the scheduled trial; 4. A statement signed by the moving party that he or she has notified the other parties in writing by ordinary United States mail of the request; and 5. The signature of the party requesting the continuance, or of his or her attorney.

WARNING

Except in forcible entry and detainer actions, a party unprepared to move or plead on answer day may apply for one extension of up to 30 days without notice to the opposing party or counsel.

(A) Except in actions for forcible entry and detainer, when a party is not prepared to move or plead on the answer day, one extension of time may be had upon application to the court and without notice to the opposing party or counsel for a period not exceeding thirty days.

WARNING

A request to extend the deadline for an opposition brief may be made before the 14-day period expires.

(B) A motion to extend the time for filing the brief in opposition may be requested prior to the expiration of the fourteen days.