Defiance Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

An arraignment may be continued for no more than one week without approval; a longer continuance requires the Judge’s approval.

An arraignment may be continued for no longer than one (1) week. Continuances of longer than one (1) week must be approved by the Judge.

CRITICAL

A scheduled mediation may be continued only for good cause after the parties determine a mutually acceptable future date, subject to the stated limits on pending motions and final pretrial timing.

Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediation Services Coordinator or the Judge or Magistrate who referred the case. Except as authorized by the Court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.

CRITICAL

A continuance may not exceed 8 days unless good cause exists, and it must comply with O.R.C. Section 1923.08.

No continuances shall be granted longer than eight (8) days but for good cause and only in accordance with O.R.C. Section 1923.08.

CRITICAL

A party seeking to continue a trial, pretrial, or hearing must file a written motion stating the reason.

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

CRITICAL

A case set at pretrial for a motion hearing, plea hearing, or trial may be continued only on a motion with a supporting memorandum, subject to the Court’s determination.

Any case set for a motion hearing or plea hearing or trial at the pretrial shall not be continued except upon motion with supporting memorandum, to be determined by the Court.

WARNING

The Trial Court has discretion to grant other continuance requests involving a scheduled trial, hearing, or pretrial.

The granting of any other request for continuance or a scheduled trial, hearing or pretrial is a matter within the discretion of the Trial Court.

WARNING

If the defendant complies with the consolidated-trial procedure, the case will be continued for no more than 3 weeks to resolve all issues.

If the defendant complies, the case shall be continued no more than three (3) weeks for resolution of all issues between the parties.

WARNING

For scheduling priority, the case set first for trial takes priority; criminal cases take priority over civil cases, and felonies over misdemeanors.

The case which was set first for trial shall have priority and shall be tried on the date assigned. Criminal cases will have priority over civil cases and felonies have priority over misdemeanors.

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

An application to continue a pretrial conference must be addressed to the Judge.

Any application for continuance of the conference shall be addressed to the Judge.

WARNING

Continuance motions must be received in writing and should be filed at least five days before the hearing, unless the Court approves otherwise.

Once a hearing has been set, motions for continuance must be received in writing. Said motions should be filed at least five (5) days prior to the hearing unless otherwise approved by the Court.

WARNING

When counsel has conflicting trial assignments, the case set first has priority and must be tried on its assigned date.

The case which was set first for trial shall have priority and shall be tried on the date assigned.

WARNING

Attorneys must bring their calendars to pretrial conferences, and matters set for hearing or trial there cannot be continued without Court approval.

Attorneys must bring their calendars with them to all pretrial conferences; all matters set for hearing or trial at the pretrial will not be continued without approval of the Court.