Barberton Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

The judge must set a new trial or hearing date before granting a continuance.

No judge shall grant a continuance to any party at any time without first setting a new date for the trial or hearing.

CRITICAL

A continuance request must be written, state its reason, include a certificate of service, follow discussion with opposing counsel or parties, and include entries with blanks for the new trial or hearing date and time.

No party shall be granted a continuance of a trial or hearing without first submitting a written request to the assigned judge stating the reason for such request. The request must contain a certificate of service to opposing counsel or party. The requesting party is required to first discuss the continuance with all opposing counsel, or opposing parties if there is no counsel, and state the reason for the continuance. Entries shall accompany the request with blanks for the new time and date of the trial or hearing.

WARNING

A small-claims continuance follows Rule 4.8(D), except the applicable number of days is three.

A continuance may be granted as provided in BMCR Number 4.8(D), except the number of days in BMCR Number 4.8(D) shall be three days.

WARNING

A continuance motion filed within seven calendar days before trial may be denied unless exigent circumstances are shown.

Motions for continuances filed within seven calendar days before trial may be denied except upon a showing of exigent circumstances.

WARNING

A judge may grant one additional leave of up to 21 days on a written request giving notice to other parties and stating the reason and details of prior leave; the judge may waive a requirement for good cause.

One additional leave to move or plead may be obtained at the discretion of the judge. The request for such leave shall be made in writing, with notice to other parties, stating the reason for requesting such leave and setting forth the particulars of the prior leave. Such additional leave shall not exceed twenty-one (21) days. A judge, for good cause, may waive any requirement in this paragraph.

WARNING

A stipulated continuance is not granted automatically.

Stipulated continuances shall not be granted as a matter of course.

WARNING

When counsel has conflicting trial settings, the case first set has priority, and criminal trials take priority over civil trials; other trial-continuance requests are discretionary.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases assigned for trial. The granting of any other request for continuance of a scheduled trial is within the discretion of the Court.

WARNING

In a civil case, a party may obtain one automatic leave to move or plead by certification to the Clerk or motion and order stating no prior leave was taken; the leave may not exceed 21 days.

In all civil cases a party may obtain one automatic leave to move or plead by certification to the Clerk or by motion and order, stating that no previous leaves have been taken by that party in that case. Such leave may not exceed twenty-one (21) days.

WARNING

A defendant may request a seven-day arraignment continuance by phone; a second reasonable continuance may be requested by written motion or by appearing in court at arraignment.

The Defendant may request by phone a continuance of arraignment of seven days. The Defendant may request a second reasonable continuance of arraignment by filing a written motion or the defendant may appear in court at arraignment to request a continuance.

WARNING

A party cannot obtain a continuance based on trial counsel’s lack of preparation if counsel failed to attend the pretrial conference.

No continuance will be granted on the grounds that the trial attorney is not prepared to go forward if he has failed to attend a pretrial conference.