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

CRITICAL

A party with a pre-existing conflict with a date in the scheduling order must immediately move for a continuance or rescheduling upon receiving the order.

If a party has a pre-existing conflict with any of the dates, that party shall file a motion for a continuance or rescheduling of the proceeding immediately upon receipt of the order.

CRITICAL

The Court will not continue a trial or final hearing beyond the applicable time-guideline deadline unless good cause exists to avoid a miscarriage of justice.

In absences of good cause to avoid a miscarriage of justice, the Court will not continue the trial or final hearing of any case to a date beyond that deadline.

CRITICAL

A continuance requires a written motion served on the opposing party and a court-approved entry reflected on the docket; trial counsel must sign the request, parties must sign when requested or required, and a proposed entry must accompany the motion.

No continuances of any Court dates will be granted except upon written motion served upon the opposing party and by entry approved by the Court and reflected upon the Court’s docket. Requests for continuances shall be signed by trial counsel of record and if requested by the Court or required by this rule, by the parties. A proposed entry shall be submitted with the motion.

CRITICAL

A motion to continue a court date must set forth good cause.

Any motion to continue any Court date shall set forth good cause for the continuance.

CRITICAL

A continuance based on counsel’s required appearance in another court will not be granted unless the motion attaches that court’s assignment notice and the other court date was scheduled first.

No motion for continuance due to a conflict with counsel’s appearance being required in another Court shall be granted unless there is attached to the motion a copy of the assignment notice for said Court date, and that Court date was scheduled prior to the scheduling of the date in this Court.

CRITICAL

A trial continuance beyond Ohio Supreme Court time guidelines requires extraordinary circumstances, no alternative means of preventing substantial injustice, and a delay not caused by the moving party’s neglect or purposeful act.

Continuances of a trial date beyond the time guidelines set by the Ohio Supreme Court shall not be granted without a showing of extraordinary circumstances, and only then when there is no alternative means of preventing a substantial injustice and the cause for the delay is not due to neglect or purposeful act of the moving party.

CRITICAL

A continuance entry must include the new date and time for the next court date or blank spaces for them to be inserted.

No entry of continuance of a Court date shall be granted unless the entry submitted includes a new date and time for the next Court date or blank spaces to insert them.

CRITICAL

A continuance requires a written motion served on the opposing party and a Court-approved entry reflected on the docket.

26.1 No continuances of any Court proceeding will be granted except upon written motion served upon the opposing party and by entry approved by the Court and reflected upon the Court’s docket.

CRITICAL

A motion to continue a Court date must state good cause for the continuance.

26.2 Any motion to continue any Court date shall set forth good cause for the continuation.

CRITICAL

A trial continuance beyond Ohio Supreme Court time guidelines requires extraordinary circumstances, no alternative means of preventing substantial injustice, and a delay not caused by the moving party’s neglect or purposeful act.

26.3 Continuances of a trial date beyond time guidelines set by the Ohio Supreme Court shall not be granted without a showing of extraordinary circumstances, and only; when there is no alternative means of preventing a substantial injustice and the cause for the delay is not due to neglect or purposeful act of the moving party.

CRITICAL

A hearing may not be continued because of settlement unless the agreement was written and signed by both parties before the hearing.

28.3 A hearing will not be continued for the reason that the parties have reached a settlement agreement unless it has been reduced to writing and signed by both parties prior to the hearing.

CRITICAL

A defendant’s motion to continue must include a waiver of speedy-trial rights, and the submitted entry must state that speedy-trial time is extended and charged to the defendant.

34.6 Any motion to continue filed by the defendant shall include a waiver of speedy trial rights and the entry submitted for granting of the continuance must state that the speedy trial time is extended and time charged to the defendant.

CRITICAL

A continuance that would prevent completion of the case within Supreme Court guidelines will not be granted unless necessary to avoid a miscarriage of justice.

34.8 Unless necessary to avoid a miscarriage of justice, no continuance will be granted that will result in the case not being completed within the Supreme Court guidelines.

CRITICAL

A continuance requires a written motion stating the reason and signed by the client(s) and lead counsel; a conflict-based motion must attach the conflicting assignment and be filed within 15 days after counsel becomes aware of the conflict and at least 60 days before trial.

No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance endorsed in writing with the signature of the client(s) and his or her lead counsel of record. The Court will not consider any Motion for a Continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto. The motion shall be filed within fifteen (15) days of counsel becoming aware of the conflict becoming aware of the conflict and not less than sixty (60) days prior to trial.

CRITICAL

If the Defendant cannot proceed to trial as scheduled, the Defendant must timely file a motion to continue with a speedy-trial waiver.

The parties shall indicate to the Court whether or not they are prepared to go to trial on the date set forth in the case management order. If the Defendant is not able to go to trial, a motion to continue will need to be timely filed with a waiver of speedy trial.

CRITICAL

Continuances require good cause, and continuances and extensions of time are not routinely granted.

8. Continuances shall only be granted for good cause shown. Continuances and extension of time shall not be routinely granted.

WARNING

A scheduled mediation may be continued only for good cause and after the parties determine a mutually acceptable future date; the referring mediator, Judge, or Magistrate may continue the case.

Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Court appointed mediator, Judge or Magistrate who referred the case.

WARNING

A party that does not attend mediation or request rescheduling at least 48 hours in advance, absent good cause, will be assessed the current non-cancellation fee.

Any party that fails to appear at the mediation or fails to request a rescheduling of the session at least forty-eight (48) hours prior to the time that it is scheduled, absent good cause, shall be assessed the current non-cancellation feel.

WARNING

Failure to have a proposed decree at the final hearing shall be just cause for continuance of the hearing and dismissal of the petition if it cannot be scheduled for another hearing within the required ninety (90) day jurisdiction period.

Failure to have a proposed decree at the final hearing shall be just cause for continuance of the hearing and dismissal of the petition if it cannot be scheduled for another hearing within the required ninety (90) day jurisdiction period.

WARNING

Requests to enlarge deadlines in the Order must conform to Criminal Rule 45.

9. Enlargement of the time deadlines set forth in this Order shall conform to the provisions of Crim. R. 45.

WARNING

Continuances require good cause, and continuances and extensions of time will not be routinely granted.

Continuances shall only be granted for good cause shown. Continuances and extension of time shall not be routinely granted.

WARNING

Requests to enlarge deadlines in the Order must conform to Criminal Rule 45.

Enlargement of the time deadlines set forth in this Order shall conform to the provisions of Crim. R. 45.