Bellevue Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

Further leave to move or plead requires court approval, notice to the opposing party or counsel, and good cause; opposing-party consent alone is not good cause.

Any leave to more or plead thereafter may be h ad only with the approval of the Court, with notice to opposing party or counsel, and for good cause shown. Consent of opposing pa1ty or counsel shall not, in and of itself, constitute good cause.

CRITICAL

A continuance in a replevin action requires both a Court order and a written stipulation of all parties.

No continuance will be granted unless by o rder of Court and written stipulation of all parties.

CRITICAL

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

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

CRITICAL

A party seeking a continuance of a trial or hearing must submit a written motion stating the reason.

No party shall be granted a continuance of a trial or hearing without a written motion from the party or his counsel stating the reason for the continuance.

CRITICAL

Except in forcible-entry-and-detainer or replevin actions, a party unprepared to move or plead on answer day may apply for one extension without notice, for no more than 30 days.

Except in actions for forcible entry and detainer or in replevin, when a pa1ty in any case is not prepared to move or plead on the answer day one extension of t ime may be had upon application to the Court and without notice for a period not exceeding thirty (30) days.

CRITICAL

A continuance requires a written motion and good cause, ordinarily presented at least two days before the hearing; an unforeseen emergency may waive that timing requirement, and a motion filed within two days requires prior discussion with opposing counsel or parties and a specific explanation for the late filing.

No case assigned for trial or hearing may be continued except on written motion and for good cause shown. Such motion shall be presented to the Judge not less than two (2) days prior to the date of trial or hearing, except that in the case of unforeseen emergency, this time requirement may be waived. In the event the motion is filed within two (2) days of the trial or hearing, the moving party is requ ired to first discuss the continuance with all opposing counsel, or opposing parties if there is no counsel, and state specifically why the motion could not have been filed prior to the two (2) daytime l imit set out herein.

WARNING

Counsel's consent may be filed as a journal entry and constitutes evidence of good cause.

Consent o f counsel may be filed as a Journal Entry in the case and shall be evidence of "good cause shown."

INFO

The Clerk may receive by letter requests concerning continuances, reinstatement of driving privileges, and similar proceedings in traffic and criminal cases.

The Clerk may also receive requests by letter in traffic and criminal cases regarding continuance, reinstatement of driving privileges, and other similar proceedings.