Chardon Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

A selected or confirmed trial date may be vacated only on written motion showing good cause or by court order.

Once selected or confirmed, the trial date shall not be vacated except upon written motion and for good cause shown or upon order of court.

CRITICAL

A jury demand automatically continues the case.

Such a demand automatically continues the case

CRITICAL

A pretrial continuance requires good cause and waiver of the time limits by the attorneys and/or parties.

No continuance will be granted on pretrials unless for good cause shown and waiver of the time limits by the attorneys and/or parties.

CRITICAL

When trial-date conflicts are the reason for a continuance request, the case set first for trial has priority, and criminal trials take priority over civil trials.

When a continuance of a trial is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in this Court or another court, the case which was set first 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.

CRITICAL

A defendant’s continuance is limited to one week unless the plaintiff or plaintiff’s counsel gives written consent; further continuances require a one-month rent escrow deposit with the Court.

Defendant(s) continuance requests will be granted for only one (1) week, unless written consent of Plaintiff/Plaintiff counsel. Further continuances requested by the Defendant(s) require a deposit of one month’s rent escrow with the Court.

CRITICAL

A party with no prior leave to plead may obtain one automatic leave of up to 28 days by filing a certification and serving a copy on opposing counsel.

When no previous leave to plead has been taken, a party may obtain one automatic leave to plead by filing a certification stating that no previous extensions or leaves to plead have been obtained by that party in that particular case. Such leave to plead may not be for more than twenty-eight (28) days, and a copy of the certification must be served upon opposing counsel.

CRITICAL

A continuance motion based on conflicting trial assignments must include a copy of the conflicting assignment and be filed at least 30 days before trial.

The Court will not entertain any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto and the motion is filed not less than thirty days prior to trial.

CRITICAL

A continuance of a trial or other hearing requires a written motion stating whether opposing counsel supports or opposes it.

No party shall be granted a continuance of a trial or other hearing except upon written motion. The motion shall also indicate whether opposing counsel supports or opposes the motion.

CRITICAL

A party may obtain one additional leave of up to 28 days by filing a stipulation showing opposing counsel's consent and certifying the number and total length of prior extensions.

One additional leave to plead may be obtained by a party for a period of not more than twenty-eight (28) days by the filing of a stipulation indicating consent by opposing counsel to the leave to plead. In such stipulation, the party obtaining the leave to plead shall certify the number of extensions of time previously obtained by that party in that case, and the total length of time of those extensions.

CRITICAL

A witness-name-and-address cutoff date may be extended only upon written motion and a showing of good cause.

A cut-off date may be extended only for good cause shown and upon written motion.

CRITICAL

Further extensions beyond those provided for must be ordered by the assigned Judge or Magistrate and requested by written motion stating the number and total length of prior extensions.

Except as provided herein, additional extensions of time may be obtained only upon order of the assigned Judge or Magistrate. Application for such leaves to plead shall be made by written motion setting forth the number of previous extensions obtained by the moving party and the total length of time of those extensions.

WARNING

The assigned trial Judge or Magistrate may waive the continuance requirements upon a showing of good cause.

The assigned trial Judge or Magistrate may waive any of the requirements listed above upon a showing of good cause.