Hardin County Court of Common Pleas, General & Domestic Relations Divisions Adjournment & Extension Requirements

CRITICALCivil cases

An application to continue a status conference or final pretrial must be made to the Court by motion.

Any application for continuance of said conference shall be addressed to the Court by motion.

CRITICAL

A continuance motion based on a conflicting court hearing must be filed at least ten days before the hearing and include the other court’s Assignment Notice.

A Motion for Continuance due to conflicting court hearing date(s) must be filed at least ten (10) days before the scheduled hearing date and contain the Assignment Notice of the conflicting hearing date(s) from the other court. Said Motion shall:

CRITICAL

A continuance motion must state on its face that the opposing party was notified and state that party’s position.

Shall state on the face of the Motion that the opposing party has been notified and state the position of the opposing party to said continuance request.

CRITICAL

A continuance motion must be accompanied by an entry bearing counsel’s approval or disapproval.

Be accompanied by an entry bearing counsel's approval and/or disapproval.

CRITICAL

The court will consider a continuance for reasons other than a previously scheduled hearing conflict only with all parties’ written consent, after adequate response time and any hearing the court desires, or for a verified emergency or Act of God.

A Motion for continuance for reasons other than conflict with another previously scheduled hearing will not be considered by the Court except as follows: 1. by written consent of all parties; 2. After opposing parties have had adequate response time per the Ohio Rules of Civil Procedure and, if desired by the Court, a hearing upon said continuance request; 3. because of verified emergency or Acts of God.

CRITICAL

A continuance in a child-support-related case will not be granted until the Child Support Enforcement Agency’s position has been filed.

No continuances for child support related cases shall be granted, nor shall requests for early release from incarceration be granted until the Child Support Enforcement Agency's position on the continuance or request for early release has been filed.

CRITICAL

Objections must state their nature and bases within the original 14-day period; an extension may be granted for cause shown on a written request filed within the initial objection period.

The party filing objections to a magistrate's decision shall specify the nature of the objections and the bases for them within the original 14 day period for objections. The time for filing objections may be extended for cause shown upon the written request of either party filed within the initial objection period.

CRITICAL

A transcript-filing extension request must state when the reporter was contacted and the transcript ordered, and document payment, a pending cost estimate, or the reporter’s statement that timely preparation is not possible.

Any requests to extend the period for filing the transcript must include the following: a. A statement by the attorney, or party if appearing pro se, that the court reporter who will be preparing the transcript has been contacted and the transcript ordered, and the date the transcript was ordered; and b. A statement by the attorney, or party if appearing pro se, that (i) the costs or fees required by the court reporter for the preparation of the transcript have been paid and the date payment was made, or (ii) the estimated cost has been requested but not yet received and the date the estimate was requested, OR a written statement from the court reporter that the transcript cannot otherwise be prepared within the necessary 40 day period.

CRITICALCivil cases

A motion for continuance, reassignment, or extension must state the good-cause reason for granting it.

A motion for a continuance, reassignment, or extension shall be in type or, if absolutely necessary, legibly printed in ink, and shall state the good cause reason for granting the motion.

CRITICALCivil cases

A conflict-based continuance or reassignment motion must attach the conflicting assignment and be filed immediately upon notice of the conflict and at least 30 days before the hearing; the first-set trial and criminal-over-civil priorities apply.

A motion for a continuance or reassignment due to a conflict of court assignments shall not be granted unless a copy of the conflicting assignment is attached to the motion. The case first set for trial has priority as does criminal over civil proceedings. The motion shall be filed immediately upon notice of the conflict and not less than thirty days prior to the hearing.

CRITICALCivil cases

A continuance or reassignment requires a definite trial or hearing date to be set at the same time; except for a court motion, a continuance requires notice to or consent of adverse parties or counsel, and failure to object within a reasonable time after notice is treated as consent.

No continuance or reassignment shall be granted without the contemporaneous setting of a definite date for trial or hearing. Except in a motion of the court, no motions for a continuance shall be granted without notice to or consent of adverse parties or counsel. Failure to object within a reasonable time after notice shall be considered consent.

CRITICAL

Either party may request an extension to file objections by written request during the initial objection period, and the request must state the specific nature and bases of the objections.

The time for filing objections may be extended upon the written request of either party, provided the request is made during the initial objection period. Requests for extensions of time in which to file objections to a magistrate’s decision must include the specific nature of the objections and the bases for them.

CRITICAL

A request to extend the transcript-filing period must report when the reporter was contacted and the transcript ordered, and provide specified payment, cost-estimate, or reporter information.

Any requests to extend the period for filing the transcript must include the following information: 1. A statement by the attorney, or party if appearing pro se, that the court reporter who will be preparing the transcript has been contacted, the transcript ordered, and the date the transcript was ordered; and 2. A statement by the attorney, or party if appearing pro se, that (i) the costs or fees required by the court reporter for the preparation of the transcript have been paid and the date payment was made, or (ii) the estimated cost has been requested but not yet received and the date the estimate was requested, or a written statement from the court reporter that the transcript cannot otherwise be prepared within the necessary thirty-day period.

CRITICAL

A continuance requires a written application supported by evidence of good cause, generally filed at least seven days before the proceeding or hearing, and an order of the Judge or Magistrate.

No continuance of a court proceeding or hearing will be granted except upon written application to the Court supported by evidence of good cause for such continuance. Motions for continuances, except for extreme emergencies, must be made at least seven (7) days prior to such proceeding or hearing and shall only be granted upon order of the Judge or Magistrate.

CRITICAL

A continuance request based on a scheduling conflict with another court must include the conflicting hearing’s assignment notice, and counsel must contact the assignment commissioner to schedule a mutually agreeable date and time.

scheduling conflict with another court, shall be accompanied by a copy of the court issued assignment notice of the conflicting hearing. It shall be the duty of counsel to contact the assignment commissioner to schedule a mutually agreeable date and time to continue the matter to.

CRITICAL

A continuance motion based on a witness’s absence must be supported by evidence that counsel exercised reasonable diligence to find and produce the witness.

Motions for continuance based upon the absence of a witness must be supported by evidence of reasonable diligence on the part of counsel to find and produce said witness.

CRITICAL

A plea-date continuance requires a written motion and order provided to the Court stating the reasons for the request.

Once a plea date is set, no continuance of said plea date shall be granted unless a written motion and order is filed and provided to the Court setting forth the reasons for the continuance.

CRITICAL

An application to continue a status conference or final pretrial must be made to the Court by motion.

Any application for continuance of said conference shall be addressed to the Court by motion.

CRITICAL

Show-cause motions are to be heard within 42 days of filing or as the docket permits; either party may receive one continuance of no more than 14 days for good cause, and no further continuances are allowed.

Motions to show cause shall be heard within forty-two (42) days, of the filing thereof, or as soon thereafter as the Court’s docket will permit. One continuance, not to exceed fourteen (14) days may be granted to either party for good cause shown. No further continuances shall be granted.

WARNING

A continuance based on a conflict will not be granted if this court set its hearing date before the other court designated the conflicting date.

Not be granted if a hearing date was set in this court prior to another court designating a hearing date for that same time.

WARNING

A continuance based on a conflict will be granted if this court set its hearing date after another court had set a hearing for the same date.

Be granted where a hearing date was set in this court after another court had set a hearing for that same date.

WARNING

The court retains discretion to grant or deny any continuance request.

The Court retains discretions to grant or deny any and all requests for continuances.

WARNING

A party may request an extension to file objections in writing during the initial objection or appeal period, and the extension automatically extends the response time by the same period.

The time for filing objections may be extended upon the written request of either party, only if said request is made during the initial objection or appeal period. This extension will automatically extend any response time by the same period.

WARNING

The court may grant either party a continuance for good cause shown.

A continuance may be granted to either party for good cause shown.

WARNINGCivil cases

A continuance may be granted to either party upon a showing of good cause.

A continuance may be granted to either party for good cause shown.

WARNINGCivil cases

The court may grant an oral motion and waive endorsement for good cause; with written consent signed by all parties and/or counsel, it may grant the request without a hearing or good-cause showing.

The court may grant an oral motion and may waive endorsement by a party/fiduciary or by counsel for good cause. The court may grant said request without hearing or a good cause showing if all parties and/or their counsel have signed a written consent.

WARNINGCivil cases

The court may grant fiduciary-account extensions without a hearing at its discretion: up to 30 days past the original due date with no prior extensions, up to 60 days with one prior extension and the fiduciary’s signature, and up to 90 days with two or more prior extensions and written consent of all heirs and/or interested parties, subject to the stated conditions.

Extensions for fiduciary accounts may be granted at the discretion of the court without hearing as follows: 1. NO PRIOR EXTENSIONS: upon motion by attorney with statement of good cause; extension may be for up to 30 days past original due date; 2. ONE PRIOR EXTENSION: the same as (1) above with signature of fiduciary and up to 60 days past original due date; 3. TWO OR MORE PRIOR EXTENSIONS: with written consent of all heirs and/or interested parties and compliance with (1) and (2) above for up to 90 days past original due date.

WARNINGCivil cases

A scheduled trial or hearing may not be continued solely because the out-of-state attorney is unavailable or inconvenienced.

The continuance of any scheduled trial or hearing date shall not be permitted solely because of the unavailability or inconvenience of the out-of-state attorney.

WARNING

A granted extension to file objections automatically extends the response time by the same period.

Extensions of time to file objections which are granted shall automatically extend any response time by the same period.

WARNING

When a jury-trial continuance is granted after the jury has been summoned, the requesting party bears the expense of calling the jury.

If a continuance of a jury trial is granted, and the jury has been summoned, the expense of calling such jury will be borne by the party requesting the continuance.

WARNING

Failure to dress appropriately could result in the matter being continued until such person is appropriately attired.

Failure to dress appropriately could result in the matter being continued until such person is appropriately attired.

WARNING

The Court may extend the mediation-deposit deadline upon motion and a showing of good cause.

Upon motion and for good cause shown, the Court may extend the time period within which the required deposit must be made.