Girard Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

A motion for continuance must be submitted in writing within seven calendar days of the scheduled trial or hearing.

Motions for continuance shall be submitted in writing within seven (7) calendar days of a scheduled trial or hearing; said motion shall be accompanied by a $25.00 filing fee except in exigent

CRITICAL

A continuance motion in a forcible entry and detainer case must be filed at least three days before trial, in writing with its reasons, and is effective only upon judicial approval; the judge or magistrate may impose conditions such as a bond.

A motion to continue a forcible entry and detainer case shall be filed not less than three (3) days prior to the date of trial; shall be made in writing specifically setting forth the reason(s) for the request; and shall be accompanied by a motion fee as prescribed in the cost structure of these rules. Said motion shall not be effective unless and until approved by the Judge or Magistrate. Further, the Judge and Magistrate in their discretion may grant the motion subject to conditions including but not limited to requiring the movant to post a bond in a specific amount.

CRITICAL

Except when the court moves for a continuance, proof of reasonable notice to or consent from the adverse party or counsel is required; failure to object within a reasonable time after notice is treated as consent.

Except on motion of the court, no continuances shall be granted in the absence of proof of reasonable notice to, or consent by, the adverse party or the party’s counsel. Failure to object to the continuance within a reasonable time after receiving notice shall be considered consent to the continuance.

CRITICAL

The court must approve stipulated continuances.

Stipulated continuances shall be approved by the court.

CRITICAL

When counsel has another trial or hearing in another Ohio court on the same date, the case first set has priority, and neither counsel nor the client must pay the $25 continuance fee.

When a continuance is requested for the reasons that counsel is scheduled to appear in another case assigned for trial or hearing on the same date in another court of this state, the case which was first set for trial or hearing shall have priority and shall be heard on the date assigned as prescribed in 41.(B)(1) of the Rules of Superintendence for the Courts of Ohio. Under these circumstances neither the counsel nor his client is obligated to pay the $25.00 continuance fee.

CRITICAL

A motion for continuance must state specific reasons for the request.

said motion shall provide the court with specific reasons for the continuance;

WARNING

A jointly agreed, timely filed discovery plan may extend the cutoff through its specified date without a motion; otherwise, proposed discovery extensions must be sought by motion stating a reason and filed before discovery closes, and the 120-day default applies if no plan is filed.

If the parties jointly agree to a discovery plan longer than the one hundred twenty day (120) day period referenced above and timely file such plan with the Court, it is not necessary to file a motion to extend the discovery cutoff through the date specified in the discovery plan. Thereafter, any proposed extension(s) of discovery shall be made by motion, which shall: (i) include a reason for the requested extension; and (ii) be filed prior to the close of the discovery period. If the parties do not file a proposed discovery plan, discovery shall be governed by the one hundred twenty (120) day default provision referenced above.

WARNING

When no prior extension has been granted, a party may generally obtain one extension of up to 30 days without court leave to answer, plead, or otherwise move, by filing a Journal Entry with the specified notation and stipulation by or notice to opposing counsel.

Ohio R. Civ. Pro. 12 will be strictly enforced. However, parties may generally obtain one (1) extension of time without leave of court not to exceed thirty (30) days, in which to answer, plead or otherwise move, when no such prior extension has been granted, by filing a Journal Entry with the Clerk of Courts, thereon noting “First Leave” or words of similar import, with stipulation by or notice to opposing counsel.

WARNING

A party requesting any additional extension must obtain court approval.

If any additional extension is requested, the party desiring the extension must obtain the approval of the Court.