Delaware County Court of Common Pleas, General Division Adjournment & Extension Requirements

The court may modify Civil Rule 6(C) deadlines upon a written application showing good cause, but the extension request must be filed before the proposed filing deadline.

The dates and time periods set forth in Civ.R. 6(C) may be modified by the court upon written application and for good cause shown. A request for an extension must be filed prior to the date the proposed filing is due.

The court may strike a late filing if leave to file outside the Civil Rule 6(C) period is neither sought nor granted.

A late filing may be stricken by the court if leave of court is not sought and granted to file the document outside of the time periods set forth in Civ.R. 6(C).

A continuance motion must be written, include specified information, and be accompanied by a proposed entry containing alternative granting and denying language and a new trial date.

If a party seeks a continuance of a trial or hearing, the party must file a written motion and submit a proposed entry. All motions to continue must include the number of previous continuances and, in criminal cases, who sought the continuances, whether opposing counsel consents, whether time is waived, the try-by date, and dates counsel and witnesses are available for trial. The proposed entry must contain language for both granting and denying the motion, a box to check if the motion is granted or denied, and a place for the new trial date.

A continuance motion based on a conflicting trial assignment must attach the conflicting assignment and be filed at least 30 days before trial; counsel must promptly notify the court and opposing counsel of a potential conflict.

The court will not consider any motion for continuance due to conflict of a trial assignment date unless a copy of the conflicting assignment is attached to the motion and the motion is filed not fewer than 30 days prior to trial. When an attorney becomes aware of any assignment that might create a conflict, the attorney must advise the court and opposing counsel as soon as practicable.

A party seeking more time than the agreed extension or unable to obtain agreement must file a written good-cause motion.

When a party needs additional time beyond that provided in sub-section (A)(1) above, or where the parties cannot agree upon an extension of time, the party must file a written motion demonstrating good cause.

The judge may modify any case-schedule date for good cause and on just terms, either on a party’s motion or sua sponte.

The judge, either on motion of a party or sua sponte, may modify any date in the case schedule for good cause and on just terms.

A party affected by failure of electronic notice may request an order extending the response deadline.

If the clerk’s e- filing system fails to generate the Notice of Electronic Filing, the party to be served may request an order extending the date for any response.

With opposing counsel’s agreement, a party may receive up to two extensions to plead, totaling no more than 28 days.

By agreement of opposing counsel, any party may be permitted up to two leaves to plead in response to a complaint, counterclaim, cross-claim, or third-party complaint, provided that the total extension of time does not exceed 28 days.

The judge may extend case-schedule or default administrative-appeal deadlines upon a party’s written motion or sua sponte when good cause is shown.

The judge may extend any deadlines in the case schedule or the default case schedule in subsection (A) above upon written motion of a party or sua sponte for good cause shown, such as the complexity of the case or the length of the record.

A continuance of a scheduled mediation is granted only by the assigned judge or magistrate and only for good cause.

(J) Continuances It is the policy of this court to determine matters in a timely way. Continuances of a scheduled mediation will be granted only by the judge or magistrate for good cause.

A grand-jury case may be continued on motion of the prosecuting attorney when critical evidence is unavailable, but the continuance must be noted in the grand-jury report and approved by the responsible judge.

If a witness’s testimony or other critical evidence is not available, the case may be continued by the court on motion of the prosecuting attorney for a definite period of time and the continuance noted in the report of the grand jury. Continuances must be presented to and approved by the judge who is responsible for the grand jury for that term of court.