Franklin Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

For a continuance request based on counsel being scheduled for another trial, the first-set case has priority, criminal trials take priority over civil trials, and other continuance requests are within the trial court’s discretion.

b. When a continuance is requested for the reason that counsel is scheduled to appear in another case, assigned for trial on the same date, or 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. Criminal cases assigned for trial have priority over civil cases assigned for trial. The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.

CRITICAL

To avoid removal from the trial docket, an entry authorizing a continuance and providing for reassignment must be delivered to the Clerk before the scheduled trial time.

The cases shall be removed from the docket on the day of the trial unless an entry authorizing a continuance and providing for reassignment is delivered to the Clerk before the time set for trial.

CRITICAL

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.

CRITICAL

For good cause, the court may extend the time to file pleadings by written order for a reasonable period of no more than 20 days, with counsel allowed only one waiver or extension to plead.

For good cause shown, the time for filing pleadings may be extended for such reasonable time that the court may provide by written order. The period of extension shall not exceed 20 days and counsel shall be permitted but one waiver or extension to plead. Civ. Rules 6(B), 54 and 55.

CRITICAL

Every trial continuance, whether agreed or not, must be made by an entry approved by the judge and delivered to the clerk before the assigned trial time.

All trial continuances, whether by agreement of the parties or otherwise shall be made by entry approved by the Judge and delivered to the clerk before the time assigned for trial.

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 his counsel stating the reason for the continuance.

CRITICAL

Continuance requests must be written and made three days before trial; a day-of-trial continuance is allowed only for qualifying good cause, diligence in preparing, and prompt notice or diligent efforts to notify the opponent.

Requests for continuance shall be made in writing three days prior to the trial date. No cases shall be continued on the day of trial, except for good cause shown, which cause was not known to counsel prior to the day of trial, and provided that counsel has used diligence to be ready for trial and has notified or made diligent effort to notify his opponent as soon as he became aware of his necessity to ask for a postponement.

WARNING

A case removed from the docket because of a continuance motion must be reassigned for trial at the earliest time available as determined by the court.

Once a case has been removed from the docket as a result of a motion for continuance, the case shall be reassigned for trial at the earliest time available as determined by the Court.

WARNING

A continuance is generally limited to one month, but a longer continuance may be allowed upon a showing of good cause.

The court is opposed to delay in the handling of its business. In cases where continuance is necessary, the limit of time allowed will be one month, unless good cause is shown why a longer time is required.

WARNING

A witness’s failure to appear is not grounds for a continuance if the subpoena praecipe was not timely filed.

Failure of a witness to appear for whom the praecipe was not filed in accordance with the above rules will not be grounds for a continuance of the case.

WARNING

When a party or his counsel fails to comply with this rule or opposing counsel is present, the court, after a reasonable period, shall upon demand of the opposing counsel present, dismiss the case, enter a default finding, or proceed to hear evidence and render a final judgment.

When a party or his counsel fails to comply with this rule or opposing counsel is present, the court, after a reasonable period, shall upon demand of the opposing counsel present, dismiss the case, enter a default finding, or proceed to hear evidence and render a final judgment.