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

CRITICAL

On a written request, the Court routinely grants up to 14 days to answer, plead, or otherwise move when no prior extension has been granted.

Upon the filing of a written request for such extension, the Court routinely grants up to 14 days as an extension of time in which to answer, plead, or otherwise move, when no such prior extension has been granted.

CRITICAL

Every extension request must state whether any prior extension has been granted.

Every request shall state whether any prior extension(s) has been granted.

CRITICAL

For an extension beyond the initial period, the requesting party must attempt to obtain opposing counsel's approval and show good cause.

If an additional extension beyond the initial period is requested, the party desiring an extension must attempt approval of any opposing counsel and show good cause.

CRITICAL

A continuance of a case set at pretrial requires a written request and good cause; a request based on an absent material witness must include an affidavit describing the witness’s expected testimony, and the specified failure to arrange for the witness is not good cause.

No continuance of any case set at pretrial will be granted unless requested in writing and for good cause shown. In the event the cause claimed is the absence of a material witness, an affidavit must be furnished as to the substance of what the witness would testify to if called. Absence of a material witness whom counsel has not deposed, subpoenaed, or otherwise arranged for immediately after pretrial shall not be good cause.

CRITICAL

A continuance for a conflict of assignments generally requires a written application within five days after notice of trial assignment, subject to the Civil Rules and Rules of Superintendence.

Continuances generally will not be granted due to conflict of assignments unless written application is received within five (5) days after the notice of trial assignment provided requirements of the Civil Rules and Rules of Superintendence are met.

WARNING

In criminal matters, pretrial motion practice and continuance requests may toll speedy-trial time but do not extend the trial time set by Rule 39.

In criminal matters, pretrial motion practice and requests for continuance may toll the time for speedy trial, which can also be waived, but such matters do not extend the trial time set by the Supreme Court of Ohio in Rule 39.

WARNING

Requests to extend the prescribed periods must be written and state their grounds, and generally will be viewed with disfavor.

Requests for extensions of the prescribed periods must be in writing and state the grounds therefore and, in general, will be looked upon with disfavor.