Clinton County Court of Common Pleas, Ohio Adjournment & Extension Requirements

CRITICAL

A hearing continuance will not be granted without the Court’s written permission.

No continuances of the hearing will be granted without written permission of the Court.

CRITICAL

A continuance motion must state the reason for the request and whether opposing counsel or the party agrees; a conflicting trial-assignment notice is attached when appropriate.

Requests for continuances must be made by written motion AND accompanied by a proposed order. The motion must contain: - 1. The filing date of the original motion; - 2. The subject matter of the motion; - 3. The scheduled hearing date; - 4. Reason for the continuance; - 5. Copy of conflicting trial assignment notice attached, if appropriate; and - 6. Statement as to whether or not opposing counsel/party agrees to the continuance.

CRITICAL

A party may obtain one extension of up to 30 days to answer, plead, or otherwise move by filing a written stipulation approved by all counsel that affirmatively states no prior extension was granted; without that stipulation or for an additional extension, Court approval is required.

Civil Rule 12 prescribing Rule Day for pleadings will be strictly enforced. However, parties may obtain an extension of time not to exceed thirty (30) days in which to answer, plead or otherwise move, when no such prior extension has been granted, by filing with the Clerk a written stipulation approved by all counsel providing for such extension. The stipulation shall affirmatively state that no prior extension has been granted. If no such stipulation is obtained, or if an additional extension beyond the initial stipulated period is requested, the party desiring an extension must obtain the approval of the Court.

CRITICAL

A hearing continuance is discretionary and will not be granted without good cause because hearings must be conducted expeditiously.

Continuances of the hearing will be at the discretion of the Court and will not be granted absent good cause due to the need to conduct these hearings in an expedited manner.

CRITICAL

Continuance requests must be made by written motion; notice must be served on opposing counsel, or on an unrepresented defendant when the prosecutor requests the continuance, and the judge directs whether the motion is submitted on affidavits or at an oral hearing.

All requests for continuance shall be made by written motion. Notice of the filing of such motion shall be served upon opposing counsel who may forthwith file an affidavit in opposition. If the defendant has no counsel and a motion for continuance is filed by the prosecuting attorney, such notice shall be served on the defendant. The motion shall be submitted upon the affidavit or upon oral hearing as the Judge may direct.

CRITICAL

A case with a scheduled hearing may be continued only with written authorization from the assigned Judge or Magistrate, and continuance requests are granted only in compliance with Ohio Superintendence Rule 41.

No case in which a date has been set for a hearing shall be continued without the written authorization of the assigned Judge or Magistrate. Requests for continuances shall be granted only in compliance with Rule 41 of the Rules of Superintendence for the Courts of Ohio.

WARNING

The Court may extend the filing time for a brief and assignment of error upon motion and for good cause.

For good cause, the Court may, upon motion, extend the time for filing the brief and assignment of error.

WARNING

Noncompliance with the Local Rules is not a basis to extend a deadline imposed by a Local Rule, state law, or a rule of procedure.

Failure to comply with the Local Rules is not a basis for extension of any time requirements mandated by Local Rule, State Law, or Rules of Procedure.

WARNING

A trial counsel's failure to appear at a pretrial conference may result in the conference being continued and sanctions, including opposing litigants' costs and attorney fees resulting from the continuance.

The failure of trial counsel to appear at a pretrial conference may result in the continuance of such pretrial and appropriate sanction, such as costs and attorney fees of opposing litigants resulting from such continuance.

WARNING

If opposing counsel or the party does not agree to a continuance, the Judge or Magistrate hearing the case rules on the request in their discretion.

If opposing counsel/party does not agree to a continuance, the Judge or Magistrate hearing the case shall, in his/her discretion, rule upon the request for continuance.

WARNING

The Court may grant a continuance of a Civil Protection Order hearing in its discretion if the respondent was not served, the parties consent, a party needs time to obtain counsel, or other good cause is shown.

Continuances of any hearing concerning Civil Protection Orders may be granted in the Court's discretion for the following reasons: - 1. Respondent has not been served prior to hearing. - 2. Parties consent to continuance. - 3. Continuance is needed to allow party to obtain counsel. - 4. Continuance is needed for other good cause shown.

WARNING

A trial assignment will not be continued because a motion was filed.

An assignment for trial will not be continued because the filing of such motion.

INFO

If a hearing cannot be completed in its allotted time, the Court may, in its discretion, grant a continuance in progress.

If a hearing cannot be concluded in the amount of time allotted, the Court may grant a continuance in progress at its discretion.