Huron County Court of Common Pleas, Ohio Adjournment & Extension Requirements

CRITICAL

Continuances will be granted only by the Judge or Magistrate. The Court will not grant a continuance to any party at any time without first setting a definite date for trial or hearing. The moving party shall obtain a proposed date and time for the rescheduled trial or hearing from the Court’s Assignment Commissioner and include the date and time in the motion and judgment entry submitted with it.

Continuances will be granted only by the Judge or Magistrate. The Court will not grant a continuance to any party at any time without first setting a definite date for trial or hearing. The moving party shall obtain a proposed date and time for the rescheduled trial or hearing from the Court’s Assignment Commissioner and include the date and time in the motion and judgment entry submitted with it.

CRITICAL

For a hearing continuance, the moving party must contact the Assignment Commissioner to obtain a tentative new pretrial date and time, clear the new hearing date with opposing counsel, and file a motion and judgment entry reflecting that date and time; the Court may assess costs and expenses if it grants the continuance.

When a continuance for a hearing is requested, the moving party shall contact the Court’s Assignment Commissioner and obtain a date and time for the tentative new pretrial. The new hearing date shall be cleared with opposing counsel. The Motion and Judgment Entry reflecting the new hearing date and time shall be filed with the Clerk of Court’s office. In the event a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.

CRITICAL

A continuance based on an absent witness may be granted only when due diligence to obtain the testimony is shown, and the application must be supported by an affidavit stating what the party expects the witness to prove.

Continuance of a cause may be granted on the grounds of inability to procure the testimony of an absent witness when it is made to appear that due diligence was used to procure such testimony. In order to obtain a continuance on these grounds, the party making the application must support the same by affidavit stating therein what he expects to prove by such witness.

CRITICAL

Continuance of a hearing or trial will be granted only by the Judge for good cause.

Continuance of a hearing or trial will be granted only by the Judge for good cause.

CRITICAL

A criminal-case continuance beyond the critical trial date requires the Defendant's consent and signed waiver of that date.

No continuances will be granted beyond the critical trial date in a criminal case unless the Defendant consents to and signs a waiver of the critical trial date.

CRITICAL

Continuance requests must be made by a written motion complying with Civil Rule 7(B), state counsel’s contact with other counsel and their willingness to accommodate, certify that a copy was mailed or delivered to the client, and be served under Civil Rule 5.

All requests for continuances must be by written motion which complies with Civil Rule 7(B). The motion shall state that counsel for the moving party has contacted the other counsel in the case and whether other counsel are willing to accommodate the request for a continuance. The moving party shall certify that a copy of the motion was mailed/delivered to his client. Service of the motion shall comply with Civil Rule 5.

CRITICAL

A party may obtain extensions of up to 30 days each only with leave of court; consent is not dispositive, and domestic-relations pleading extensions are excluded.

Civil Rule 12, prescribing Rule Day for pleadings, and the time periods designated for answering interrogatories, requests for admissions and requests for production shall be strictly enforced. However, a party may, with leave of court, obtain one or more extensions, not to exceed thirty (30) days each, in which to move, plead or answer. Each motion for an extension shall be in writing and shall state the number of prior extensions granted. As a courtesy to opposing counsel, counsel requesting the rule day extension should orally notify opposing counsel, obtain consent thereto and, if consent is granted, note the same on the motion. Motion for leave will not be granted automatically by accommodation, nor denied automatically because consent of opposing counsel is not obtained. An entry shall accompany each motion. Domestic relations cases are excluded from this rule as it relates to pleading extensions.

CRITICAL

there will be no trial continuances for inability of a medical expert to the present to testify.

there will be no trial continuances for inability of a medical expert to the present to testify.

CRITICAL

For a trial continuance, the moving party must file the motion and judgment entry, state whether opposing counsel agrees or objects, and file the motion with the Clerk; no judgment entry is required before Court review or a possible telephone status conference, and the Court may assess costs and expenses if it grants the continuance.

When a continuance for a trial is requested, the moving party shall file the motion and judgment entry for continuance, reflect whether opposing counsel agrees or objects, then file the motion with the Clerk of Court’s office. The Court will review the motion and judgment entry and make a determination or possibly set a telephone status conference. No judgment entry is required prior to the Court’s review of the motion or the setting of a possible telephone status conference. In the event a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.

CRITICAL

Only the Court may extend the 60-day period for scheduling an arbitration hearing.

The sixty (60) day period may be extended only by the Court.

CRITICAL

For a hearing continuance, the moving party must obtain a tentative new pretrial date and time from the Assignment Commissioner and clear the new hearing date with opposing counsel.

When a continuance for a hearing is requested, the moving party shall contact the Court’s Assignment Commissioner and obtain a date and time for the tentative new pretrial. The new hearing date shall be cleared with opposing counsel.

CRITICAL

A continuance motion based on an attorney's attendance at Continuing Legal Education must attach proof of the prior commitment and be filed forthwith after notice of the case assignment.

When a continuance of a cause is requested on the grounds that an attorney is attending a Continuing Legal Education, proof of such prior commitment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.

CRITICAL

When a continuance for a trial is requested, the moving party shall file the motion and judgment entry for continuance, reflect whether opposing counsel agrees or objects, then file the motion with the Clerk of Court’s office. The Court will review the motion and judgment entry and make a determination or possibly set a telephone status conference. No judgment entry is required prior to the Court’s review of the motion or the setting of a possible telephone status conference.

When a continuance for a trial is requested, the moving party shall file the motion and judgment entry for continuance, reflect whether opposing counsel agrees or objects, then file the motion with the Clerk of Court’s office. The Court will review the motion and judgment entry and make a determination or possibly set a telephone status conference. No judgment entry is required prior to the Court’s review of the motion or the setting of a possible telephone status conference.

CRITICAL

The continuance motion must state that moving counsel contacted the other counsel and whether they are willing to accommodate the request.

The motion shall state that counsel for the moving party has contacted the other counsel in the case and whether other counsel are willing to accommodate the request for a continuance.

CRITICAL

A continuance of a hearing or trial may be granted only by a Judge or Magistrate and only for good cause.

Continuance of a hearing or trial will be granted only by the Judge or Magistrate for good cause.

CRITICAL

An extension for a deadline not involving a court hearing is permitted only upon a showing that it will not interrupt the scheduled movement of the case.

Extension of time for compliance with deadlines not involving a court hearing will be permitted only on a showing to the Court that the extension will not interrupt the scheduled movement of the case.

CRITICAL

For a hearing continuance, the moving party must obtain a tentative new pretrial date and time from the Assignment Commissioner, clear the new hearing date with opposing counsel, and file a motion and judgment entry reflecting the new date and time with the Clerk.

When a continuance for a hearing is requested, the moving party shall contact the Court’s Assignment Commissioner and obtain a date and time for the tentative new pretrial. The new hearing date shall be cleared with opposing counsel. The Motion and Judgment Entry reflecting the new hearing date and time shall be filed with the Clerk of Court’s office.

CRITICAL

A continuance for an unavailable witness may be granted when due diligence was used, and the applicant must support the request with an affidavit stating the expected testimony; the application will not be sustained if the testimony is immaterial or both parties consent to reading the affidavit in evidence.

Continuance of a cause may be granted on the grounds of inability to procure the testimony of an absent witness when it is made to appear that due diligence was used to procure such testimony. In order to obtain a continuance on these grounds, the party making the application must support the same by affidavit stating therein what he expects to prove by such witness. If the Court finds the testimony set forth to be immaterial or if both parties consent to the reading of the affidavit in evidence, the application will not be sustained and the case will proceed to trial.

CRITICAL

Specified pleading and discovery response deadlines are strictly enforced, but a party may seek one or more court-approved extensions of up to 30 days each; counsel should notify opposing counsel and seek consent, though consent does not determine the motion automatically, and domestic relations cases are excluded as to pleading extensions.

17.02 - Leave to Move, Plead or Answer - Civil Rule 12, prescribing Rule Day for pleadings, and the time periods designated for answering interrogatories, requests for admissions and requests for production shall be strictly enforced. However, a party may, with leave of court, obtain one or more extensions, not to exceed thirty (30) days each, in which to move, plead or answer. Each motion for an extension shall be in writing and shall state the number of prior extensions granted. As a courtesy to opposing counsel, counsel requesting the rule day extension should orally notify opposing counsel, obtain consent thereto and, if consent is granted, note the same on the motion. Motion for leave will not be granted automatically by accommodation, nor denied automatically because consent of opposing counsel is not obtained. An entry shall accompany each motion. Domestic relations cases are excluded from this rule as it relates to pleading extensions.

CRITICAL

A trial assignment will not be continued because a preliminary motion was filed.

An assignment for trial will not be continued because of the filing of such a motion.

CRITICAL

A continuance request must be made by written motion complying with Civil Rule 7(B).

All requests for continuances must be by written motion which complies with Civil Rule 7(B).

CRITICAL

Upon request, the Court must continue the full hearing once to allow either party an opportunity to obtain an attorney.

Upon request, the Court shall continue the full hearing one (1) time to provide an opportunity for either party to obtain an attorney.

CRITICAL

A continuance will be granted only for good cause shown.

Continuances will be granted only for good cause shown.

CRITICAL

If the assigned Chairman is absent, the hearing must be continued to a mutually agreeable date and time, and the continuance is deemed requested by the Chairman.

In no event shall the hearing proceed in the absence of the assigned Chairman. In such event, the hearing shall be continued to a date and time mutually agreeable to the arbitrators, parties, and the Assignment Commissioner. Such a continuance shall be deemed to be at the request of the Chairman.

CRITICAL

The Chairman may continue a hearing only for extraordinary reasons; the requesting party must reschedule it within 30 days for a mutually agreeable date and time.

The Chairman may continue a hearing date only upon a showing by a party or parties of extraordinary reasons. In such event, it shall be the responsibility of the party requesting the continuance to reschedule such hearing at a date and time, not later than thirty (30) days, mutually agreeable to the Assignment Commissioner, the arbitrators and the parties, and provide written notice of the rescheduled hearing date to the Assignment Commissioner, the arbitrators and the parties.

CRITICAL

A continuance request based on an attorney’s Continuing Legal Education attendance must attach proof of the prior commitment, and the motion must be filed forthwith after notification of the case assignment.

When a continuance of a cause is requested on the grounds that an attorney interested in the case is attendance of Continuing Legal Education, proof of such prior commitment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.

CRITICAL

A case may not be continued more than twice without the Judge’s approval.

In no event shall a case be continued more than twice without the approval of the Judge.

WARNING

Continuances require good cause; counsel should accommodate each other in qualifying interlocutory matters, but trial or hearing continuances that may delay trial cannot be granted merely by counsel’s accommodation.

Continuances will be granted only for good cause shown. In interlocutory matters counsel should accommodate each other where the continuances sought will not grant an unfair advantage, will not delay the trial or other matters set for hearing before the Court and counsel proposing the continuance has a reasonable explanation for the need for the continuance. Continuances of trial or matters set for hearing before the Court, which if continued may cause a delay in the trial, will not be granted by the Court by accommodation of counsel but will be granted only for good cause shown.

WARNING

In interlocutory matters, counsel should accommodate a continuance request when it will not create an unfair advantage or delay trial or other scheduled matters and the requesting counsel has a reasonable explanation.

In interlocutory matters counsel should accommodate each other where the continuances sought will not grant an unfair advantage, will not delay the trial or other matters set for hearing before the Court and counsel proposing the continuance has a reasonable explanation for the need for the continuance.

WARNING

If a hearing continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.

In the event a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.

WARNING

When continuances or extensions are requested excessively or on insubstantial grounds, the Court will use one or more listed procedures, which may include requiring written requests and stipulations and notifying litigants.

Where continuances and extensions are requested with excessive frequency or insubstantial grounds, the Court will adopt one or a combination of the following procedures: 1. Cross-referencing all requests for continuances and extensions by the name of the lawyer requesting them. 2. Requiring that requests for continuances and stipulations for extensions be in writing and the litigants be notified. 3. Summoning lawyers who persistently request continuances and extensions to warn them of the possibility of sanctions and to encourage them to make necessary adjustments in management of their practice. Where such measures fail, restrictions may properly be imposed on the number of cases in which the lawyer may participate at any one time.

WARNING

For excessively frequent requests or insubstantial grounds, the Court will adopt one or more procedures, including cross-referencing requests by lawyer, requiring written requests and notice to litigants, or summoning persistent requesters to warn of possible sanctions; restrictions on a lawyer’s cases may follow if those measures fail.

Where continuances and extensions are requested with excessive frequency or insubstantial grounds, the Court will adopt one or a combination of the following procedures: 1. Cross-referencing all requests for continuances and extensions by the name of the lawyer requesting them. 2. Requiring that requests for continuances and stipulations for extensions be in writing and the litigants be notified. 3. Summoning lawyers who persistently request continuances and extensions to warn them of the possibility of sanctions and to encourage them to make necessary adjustments in management of their practice. Where such measures fail, restrictions may properly be imposed on the number of cases in which the lawyer may participate at any one time.

WARNING

The Court will review the trial-continuance motion and judgment entry and may set a telephone status conference; no judgment entry is required before that review or conference.

The Court will review the motion and judgment entry and make a determination or possibly set a telephone status conference. No judgment entry is required prior to the Court’s review of the motion or the setting of a possible telephone status conference.

WARNING

Requests for continuances and extensions, and the court’s disposition of them, must be recorded in the case file.

Requests for continuances and extensions, and their disposition, will be recorded in the file of the case.

WARNING

Continuances of hearings that may delay trial will be granted only for good cause, not merely to accommodate counsel.

matters set for hearing before the Court, which if continued may cause a delay in the trial, will not be granted by the Court by accommodation of counsel but will be granted only for good cause shown.

WARNING

Continuances require good cause; counsel should accommodate interlocutory continuances only when they cause no unfair advantage or delay and the requesting counsel has a reasonable explanation, while trial or hearing continuances that may delay trial cannot be granted merely by counsel’s accommodation.

It is the policy of this Court to determine matters submitted in a timely way. Continuances will be granted only for good cause shown. In interlocutory matters counsel should accommodate each other where the continuances sought will not grant an unfair advantage, will not delay the trial or other matters set for hearing before the Court and counsel proposing the continuance has a reasonable explanation for the need for the continuance. Continuances of trial or matters set for hearing before the Court, which if continued may cause a delay in the trial, will not be granted by the Court by accommodation of counsel but will be granted only for good cause shown.

WARNING

The Judge may grant an extension of time by entry upon a showing of good cause and after notice to all parties.

Extensions of time may be granted by entry by the Judge for good cause shown after notice to all parties.

WARNING

An absent-witness continuance application will be denied and the case will proceed to trial if the expected testimony is immaterial or both parties consent to reading the affidavit into evidence.

If the Court finds the testimony set forth to be immaterial or if both parties consent to the reading of the affidavit in evidence, the application will not be sustained and the case will proceed to trial.

WARNING

If continuances or extensions are requested too frequently or on insubstantial grounds, the Court may require written requests or extension stipulations and notification to litigants, among other procedures.

Where continuances and extensions are requested with excessive frequency or insubstantial grounds, the Court will adopt one or a combination of the following procedures: 1. Cross-referencing all requests for continuances and extensions by the name of the lawyer requesting them. 2. Requiring that requests for continuances and stipulations for extensions be in writing and the litigants be notified.

WARNING

An extension of time to file assignments of error or briefs may be granted in writing by the Judge after notice to opposing counsel or a party.

Where the time for filing assignments of errors and briefs are fixed by statute or by Rule of Supreme Court, they shall be filed within such time or extension thereof as may be granted in writing by the Judge after notice to opposing counsel or party.

WARNING

If the complaining witness’s testimony is not available, the case may be continued by the Court for a definite period of time and such continuance noted in the report of the grand jury.

If the complaining witness’s testimony is not available, the case may be continued by the Court for a definite period of time and such continuance noted in the report of the grand jury.