Carroll County Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

Unless the Court expressly grants a continuance, the matter is presumed to proceed as originally scheduled.

If a motion for a continuance is not expressly gi·anted by the Court, then the matter shall be presumed to proceed as originally scheduled.

CRITICAL

A pretrial conference may be continued at counsel's request only if a written motion and judgment entry are submitted in advance, and the new date is a date certain cleared in advance with the clerk.

Pre-trial conference will be continued at the request of counsel only upon the submission of a written motion and judgment entry for same in advance of the scheduled hearing date. All pre-trials must be continued to a "date certain" cleared in advance with the Clerk.

CRITICAL

A scheduling-conflict continuance request will be considered only if it includes a copy of the conflicting assignment and is filed at least 30 days before the date assigned in this Court.

No motion to request for a continuance due to a scheduling conflict will be considered by this Court unless a copy of the conflicting assignment is attached thereto and the motion or request is filed not less than thirty (30) days prior to the date assigned in this Court.

CRITICAL

A party seeking a continuance must submit a written motion or request to the Clerk with a judgment entry attached and state the reason.

No party shall be granted a continuance of any hearing or trial without submitting to the Clerk a written motion or request therefore with judgment entry attached, stating therein the reason for the continuance.

CRITICAL

A pretrial continuance requires a written motion and judgment entry submitted before the scheduled hearing, a date certain cleared in advance by the Clerk, and a time waiver if speedy-trial requirements would be affected.

Pre-trials will be continued at the request of counsel or pro se defendants only upon submission of a written motion and judgment entry for same in advance of the scheduled hearing date. All pre-trial must be continued to a "date certain" cleared in advance by the Clerk. No continuances will be granted if the "Speedy Trial Requirements" will be affected unless accompanied by a time waiver.

CRITICAL

A continuance may not be granted unless a definite alternate hearing or trial date is set.

No continuance shall be granted at any time without setting a definite alternate date for hearing or trial.

WARNING

Criminal cases take priority over civil cases when trial dates conflict.

Criminal cases have priority over civil cases.

WARNING

The Court decides whether to grant continuances in its discretion.

All continuances are matters within the sound discretion of this Court.

WARNING

The court may continue the hearing because of a counterclaim to allow sufficient time for trial.

The Court may continue the hearing due to the counterclaim to allow sufficient trial time.

WARNING

When counsel seeks a continuance because of a conflicting court assignment, the case assigned first for trial or hearing has priority.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for hearing trial on the same date in another court of this State (including federal courts) the case which was first assigned for trial or hearing shall have priority.

WARNING

When possible, parties or counsel should consult opposing parties or counsel about mutually acceptable dates before requesting a continuance.

To the extent possible, parties or counsel requesting continuances shall consult with adverse parties or opposing counsel for mutually acceptable new dates prior to requesting a continuance so that further conflicts can be minimized, and a new assignment can be expedited.