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

CRITICAL

After the Chair agrees to a continuance, the requesting party must arrange an agreeable rescheduled date and notify all parties and Board members in writing; continuances should be granted only for extreme hardship and may not extend the arbitration beyond 90 days from referral.

If continuance of a hearing is agreed to by the Chair of the Arbitration Board upon request of an attorney or a party, the party requesting the continuance shall have the responsibility of contacting all parties and Arbitration Board members to obtain a date and time, agreeable to all involved, for the rescheduled hearing and notifying all parties and Board members in writing of the rescheduled date, time and place of the hearing. Continuances should be granted by the Chair only in situations of extreme hardship. Nothing herein shall be construed to permit an Arbitration Chair to continue an arbitration beyond ninety (90) days from the date of referral.

CRITICAL

Only the mediator may grant a continuance of a scheduled mediation.

Continuances of a scheduled mediation will be granted only by the mediator.

WARNING

The trial court has discretion to continue a scheduled trial or hearing for good cause.

A. The continuance of a scheduled trial or hearing is a matter within the discretion of the trial court for good cause shown.

WARNING

When a continuance is requested because a witness is unavailable at the scheduled trial or hearing, the court must consider whether testimony may be recorded under the Civil Rules and used at trial.

B. When a continuance is requested by reason of the unavailability of any witness, at the time scheduled for trial or hearing, the trial court shall consider the feasibility of resorting to the several methods of recording testimony permitted by the Civil Rules and the use of such recorded testimony in the scheduled trial.

WARNINGCivil cases

Cancellation or rescheduling of a mediation date requires the mediator’s approval.

All cancellations and re-scheduling of mediation dates shall be made only upon approval of the mediator.

WARNINGCivil cases

Mediation must be scheduled within 60 days of submission and concluded within 75 days, subject to one mediator-approved extension of up to 15 days and any further extension permitted by the Court.

The mediator shall fix a time for mediation to occur, not more than sixty (60) days after submission to mediation and shall notify the parties or their counsel, in writing, at least ten (10) days before the mediation of the time and place of the mediation. The sixty (60) day period may be extended once by the mediator for up to fifteen (15) days. Notwithstanding any continuance, the mediation shall be held and concluded within seventy-five (75) days from the date of submission, unless the Court permits a further extension.

Not confirmed. Read the court's wording below.CRITICAL?

C. No party shall be granted a continuance of a trial or hearing without a written statement from movant's counsel, stating the reason for the continuance and such statement shall be made part of the record. A continuance shall not be granted to any party without first setting a new date for the trial or hearing, and if the earliest possible new date will cause unreasonable delay under the circumstances of the case, a continuance will not be granted.

Summary: A continuance requires counsel’s written statement of the reason, included in the record, and a new trial or hearing date; it cannot be granted if the earliest possible new date would cause unreasonable delay.

Not confirmed. Read the court's wording below.WARNING?

The ninety (90) day period may be extended by the Court.