Dayton Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

An application to continue a pre-trial conference must be addressed to the assigned judge or magistrate.

Any application for continuance of the conference shall be addressed to the judge or magistrate to whom the case has been assigned.

CRITICAL

An arraignment continuance may not exceed seven days from the original date; additional continuances without a plea require approval and good cause, and any continuance granted must be scheduled for a specific date.

The arraignment session duty judge or magistrate may grant a continuance of arraignment not to exceed seven (7) days from the original arraignment date. Additional continuances, without plea, may be granted only with the approval of the duty judge or magistrate upon good cause shown. Continuances allowed shall be scheduled on a specific date.

CRITICAL

Continuance filings must comply with Traf.R. 18.

Traf.R. 18 shall be followed when filing continuances.

CRITICAL

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

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

CRITICAL

When counsel has another trial scheduled for the same date, the case set first has priority and must be tried on its assigned date.

When a continuance is for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned.

CRITICAL

A motion for continuance must be filed in writing at least five days before the hearing, excluding intervening Saturdays, Sundays, and court holidays.

A motion for continuance must be filed in writing not later than five (5) days (excluding intervening Saturdays, Sundays, and court holidays) before the date of the hearing.

WARNING

The trial court has discretion to grant or deny other requests to continue a scheduled trial.

The granting of any other request for continuance for a scheduled trial is a matter within the discretion of the trial court.

WARNING

After due notice, arbitration may proceed if a party is absent and has not obtained a continuance.

The arbitration may proceed in the absence of any party who, after due notice, fails to be present or fails to obtain a continuance.

WARNING

Criminal cases assigned for trial take priority over civil cases assigned for trial.

Criminal cases assigned for trial have priority over civil cases assigned for trial.

WARNING

If the subpoena praecipe was not timely filed, a witness's failure to appear may not be grounds for a continuance.

Where the praecipe for subpoenas is not filed in accordance with this rule, the failure of a witness to appear may not be grounds for a continuance of the case.