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

CRITICAL

Continuance motions and motions to extend filing time must be filed at least three Court Days before the scheduled date; a late extension application will not be considered or granted absent a clear showing of exceptional circumstances preventing timely filing.

A motion for a continuance of a hearing or trial or motions for extension of time to file must be filed at least three Court Days before the scheduled date to allow the Court adequate time to consider and rule on the application. (See Rule 57.4(C) regarding filing by fax). The Court will not consider or grant an application for extension that is filed after the scheduled date or due date, absent of a clear showing of exceptional circumstances that prevented filing before the due date.

CRITICAL

In cases in which the Defendant has a right to trial by jury, said Defendant or Defendant's counsel shall demand such trial by jury in accordance with the provisions of Criminal Rule 23. Failure to notify the Court of a jury demand in a timely manner, either in person or in writing, may be deemed just cause for entering a continuance without the consent of the Defendant, or the Court may order the matter to proceed to trial before the Court without a jury.

In cases in which the Defendant has a right to trial by jury, said Defendant or Defendant's counsel shall demand such trial by jury in accordance with the provisions of Criminal Rule 23. Failure to notify the Court of a jury demand in a timely manner, either in person or in writing, may be deemed just cause for entering a continuance without the consent of the Defendant, or the Court may order the matter to proceed to trial before the Court without a jury.

CRITICAL

An extension request for the pre-sentence investigation must be written and state the reason and expected completion date.

Upon the assignment of a Pre-sentence Investigation by the Court, the juvenile officer must submit said pre- sentence investigation within ten (10) working days or file a written request for an extension of time stating the reason and the expected date of completion or file an addendum.

CRITICAL

Requests for a continuance or other extension must be made by motion and accompanied by a proposed entry with blank spaces for the Court.

All requests for a continuance or other extension of time must be made by motion, accompanied by a proposed entry with blank spaces for the Court to complete if it grants the motion.

CRITICAL

A continuance may be granted only after notice to all other counsel and involved parties.

Requests shall be granted only after notice to all other counsel and/or parties involved.

CRITICAL

During the 30 Court Day grace period, a Fiduciary may request an extension by showing good cause; extensions during delinquency are otherwise unavailable except as the Court may order after the citation hearing.

The notice of non-compliance will identify the filing that is overdue and will order the Fiduciary to file the document immediately. The notice of non-compliance will specify a grace period of 30 Court Days from issuance of the notice, in which time the Fiduciary may file the overdue document without the notice turning into a citation, or with good cause shown, request that the Court extend the time to file the required document. The date and time of a citation hearing will be included in the event the filing is not made before the grace period expires. The citation hearing will be automatically cancelled if the filing is submitted to the Court within the grace period. The notice of non-compliance will also state that the Court will not grant any extensions of the due date during the delinquency, except as the Court may order after the citation hearing under Rule 77.3.

CRITICAL

Other motions for an extension must be supported by a showing of reasonable cause for the delay.

All other motions for extension must be supported by a showing of reasonable cause for the delay.

CRITICAL

Continuance requests must comply with the cited Ohio Superintendence and Juvenile Rules.

Requests for continuances shall be made in accordance with Rule 7 of the Ohio Supreme Court's Rules of Superintendence (the "Superintendence Rules") as well as Rules 19 and 23 of the Ohio Rules of Juvenile Procedure (hereinafter the "Juvenile Rules").

CRITICAL

Unless the court directs otherwise, counsel who obtains a continuance must notify all other counsel and parties of the new hearing date.

Unless otherwise directed, it will be the responsibility of counsel obtaining the continuance to notify all other counsel and parties of the new hearing date.

CRITICAL

A mediation may not be cancelled unless the court authorizes it.

3. Mediationsftiay not be cancelled except as authorized by the court

CRITICAL

An extension must be requested before the due date; the Court will not grant one after that date.

If you find that you are running out of time, apply for an extension (Local Rule 56.1) before the due date. The Court will not grant extensions after the due date.

CRITICAL

An extension granted to one party applies to all parties on that side, and no other party on that side may obtain another; the Clerk must refuse a further request or stipulation.

When one party receives an extension of time under division (B)(2) of this rule, the extension shall apply to all other parties on that side, and no other party on that side may file to obtain another extension of time. The Clerk shall refuse to file a request or stipulation for extension of time by a party when another party on the same side has already obtained an extension of time.

CRITICAL

A continuance motion made after trial assignment will not be granted if its basis was known to the party or counsel when the case was assigned.

A motion for the continuance of a case, made after the assignment of the case for trial will not be granted, if the reason upon which such motion is based was within the knowledge of the party or the party's counsel when the case was assigned.

CRITICAL

An extension application normally must be filed at least three Court Days before its due date, but the Court may consider or grant a late application for good cause.

An application for extension of time must normally be filed at least three Court Days before the actual due date to allow the Court adequate time to consider and rule on the application. (See Rule 57.4(C) regarding filing by fax). The Court may consider or grant an application for extension that is filed after the due date, with good cause shown.

CRITICAL

Continuance requests must be written and include a proposed new date, except in emergencies.

Except for emergency situations, requests shall be in writing with a proposed new date included.

CRITICAL

The citation’s 30-Court-Day grace period for filing delinquent documents will not be extended.

The Court will not extend it.

CRITICAL

An adjourned juvenile hearing must continue on the next regular business day unless counsel, a parent, guardian, or custodian requests another date and the Court approves the request.

(b) In the event any such hearing is required to be adjourned for any reason, it shall be continued until the next regular business day of the Court, unless otherwise requested by counsel, a parent, guardian or custodian and such request is approved by the Court.

CRITICAL

A continuance or extension motion must explain the reasonable cause and amount of additional time requested, and include adverse-party consent or explain efforts to obtain consent and why it was unavailable.

A motion for a continuance or other extension of time must contain a clear and concise statement establishing reasonable cause for why additional time is needed and how much additional time is requested. The motion must also contain the consent of adverse parties or their attorneys, or a statement explaining the efforts to obtain the consent and why it could not be obtained.

CRITICAL

An estate may qualify for administration beyond six months only if one of the circumstances in R.C. §2109.301(B)(1) applies.

In order to qualify for extending the estate administration beyond the six-month period, one of the circumstances in R.C. §2109.301(B) (1) must apply.

CRITICAL

Extensions of filing time are prohibited except as provided in division (B)(2), and the Clerk must refuse other extension requests.

Except as provided in division (B)(2) ofthis rule, the Supreme Court will not extend the time for filing a document as prescribed by these rules or by court order, and the Clerk of the Supreme Court shall refuse to file requests for extension of time.

CRITICAL

Continuance applications must be made as far in advance of the hearing as practicable.

All applications for continuances shall be made as far in advance of hearing dates as practicable.

CRITICAL

The Court will not extend the special administrator’s authority.

The Court will not grant any extensions.

CRITICAL

A continuance of an appearance on a traffic complaint will not be granted by phone.

No continuances ofan appearance on a traffic complaint shall be granted by phone.

CRITICAL

Except in expedited election cases, parties may stipulate to extensions for the specified briefs and complaint responses, but the stipulation must be timely filed and state the agreed new filing date.

Except in expedited election cases under S.Ct.Prac.R. 12.08, parties may stipulate to extensions of time to file merit briefs, including reply briefs, under S.Ct.Prac.R. 16.02 through 16.05; merit briefs, including reply briefs, under S.Ct.Prac.R. 11.05; or the response to a complaint under S.Ct.Prac.R. 12.04. A stipulated extension of time shall be effective only if it is filed with the Clerk within the time prescribed by these rules for filing the brief or other document that is the subject of the stipulation. The stipulation shall state the new date for filing agreed to by the parties.

CRITICAL

An extension application must prove by clear and convincing evidence that unforeseen, uncontrollable material circumstances prevented timely settlement; lack of diligence is not a valid ground, and inability to sell real estate generally requires exceptional circumstances or an active listing for at least 30 consecutive Calendar Days before filing.

In order to be approved, the application must establish by clear and convincing evidence that actual, material circumstances that were beyond the anticipation and control of the Fiduciary and the Fiduciary’s attorney exist that have precluded completing the estate settlement within the six-month initial administration period. Circumstances indicating lack of diligence in the administration on the part of the Fiduciary or the Fiduciary’s attorney are not valid grounds for extending administration. Absent a showing of exceptional circumstances, inability to sell real estate is not valid grounds for extending the administration unless the Fiduciary shows that the real estate has been actively listed for sale for at least 30 consecutive Calendar Days immediately preceding the date of filing the application.

CRITICAL

The Clerk must refuse an untimely extension request or one filed after that party has filed a stipulation for an agreed extension.

The Clerk shall refuse to file a request for extension of time that is not tendered timely in accordance with this rule or if a stipulation to an agreed extension of time has already been filed under division (B)(2)(a) of this rule by the party filing the request.

CRITICAL

A party may move ex parte to extend a time period when the Juvenile Rules permit an extension; an order granting it must be served on all other parties, and an adversely affected party may seek reconsideration, vacation, or modification.

Under the provisions of the Juvenile Rules any party to the motion proceeding may move ex-parte for an order extending any time period prescribed by this Rule, but no such order shall be entered unless an extension of time is permitted by the Juvenile Rules. If such order is granted, the party applying therefor shall serve a copy of the order on all other parties to the motion proceeding. Any party adversely affected by such extension of time may request reconsideration, vacation or modification of such order.

CRITICAL

A party may obtain only one stipulated extension in a case, for no more than twenty days, and only if it has not already obtained a court-granted extension under division (B)(2)(b).

Each party may obtain in a case only one stipulated extension of time not to exceed twenty days, provided the party has not previously obtained an extension of time from the Supreme Court under division B(2)(b) of this rule.

CRITICAL

When a stipulation cannot be obtained, a party may request an extension for the specified filings; the Court may grant only one extension of up to ten days if the request states good cause and is timely filed.

In an expedited election case or any other case where a stipulation to an extension of time cannot be obtained, a party may file a request for extension of time to file a merit brief, including a reply brief, the response to a complaint. The Supreme Court will grant a party only one extension of time, not to exceed ten days, provided the request for extension of time states good cause for an extension and is filed with the Clerk within the time prescribed by the rules for filing the brief or other document that is the subject of the request.

CRITICAL

A case may not be continued on the hearing date unless good cause is shown.

No case shall be continued on the date for hearing, except for good cause shown.

CRITICAL

A hearing will not be delayed because a participant, attorney, or witness is absent unless a clear showing establishes exceptional circumstances justifying delay.

The Court will not delay starting a hearing due to the absence of a participant, attorney or witness, unless there is a clear showing of exceptional circumstances that justify the delay.

CRITICAL

In litigation cases, the Court will grant each party one extension of a filing deadline of no more than seven calendar days without requiring reasonable cause; Rule 56.2 describes the process.

Rule 56.2 describes the process for obtaining an extension of a filing deadline in litigation cases. The Court will grant a motion for extension, not to exceed seven Calendar Days, once to each party during the course of a case without the need to show reasonable cause.

CRITICAL

A citation-hearing continuance is granted only upon a showing of exceptional circumstances, and the application must be filed at least three Court Days before the hearing.

The Court will only grant a continuance of the citation hearing upon a showing of exceptional circumstances. An application for a continuance of the citation hearing must be filed at least three Court Days before the scheduled citation hearing.

WARNING

The Court generally permits a maximum 30-calendar-day extension on a second extension application.

The maximum extension time the Court generally permits on a second extension is 30 Calendar Days.

WARNING

If the estate does not meet the statutory criteria to extend administration, the fiduciary may instead seek an extension of time to file the final account under Rule 56.1.

If the circumstances of the estate do not qualify to extend the administration under any of the criteria in R.C. §2109.301(B)(1), the Fiduciary may in the alternative apply for an extension of time to file the final and distributive account. Rule 56.1 governs the process for obtaining extensions of time to file.

WARNING

The Court may grant a continuance or extension before an opposition is due if it is reasonable and would not prejudice adverse parties, and may deny one that is unreasonable, unnecessary, or prejudicial.

Notwithstanding Rule 78.10(C), the Court may grant a motion for a continuance or other extension of time before a response in opposition is otherwise due if the Court finds that the motion is reasonable and would not prejudice the adverse parties. The Court may also deny a motion for a continuance or other extension of time if the Court finds that the motion is unreasonable, unnecessary or otherwise would prejudice an adverse party.

WARNING

The Court generally permits a maximum 60-calendar-day extension on an initial application.

Generally, the maximum extension time the Court permits on an initial application is 60 Calendar Days.

WARNING

The Court may continue an adoption hearing if the case file is incomplete by the filing deadline.

If a case file is incomplete in any respect by that deadline, the Court may continue the hearing to a future date.

WARNING

The requested length of an extension must be reasonable under the circumstances.

The length of additional time requested in an application must be reasonable under the circumstances.

WARNING

Trial deposition dates may be modified for good cause, but failure to schedule depositions soon enough is not good cause.

TRIAL DEPosmoNS: Trial depositlons shaU be held by the time set forth above. Tttese~ dates may be modified by the court upon a showing of good cause.. Good cause does not fnelude failure to schedule depositions soon enough.

WARNING

Counsel must make reasonable efforts to have a contested continuance request decided before the hearing date.

All counsel shall make reasonable efforts to have a contested request for continuance determined prior to the hearing date.

WARNING

A Fiduciary may apply for a filing extension under Rule 56.1; if granted, the filing must be made by the new due date to avoid non-compliance.

Fiduciaries may apply for an extension of time to file a required document in the manner provided in Rule 56.1. If the Court grants the extension, the Fiduciary and attorney will not be out of compliance as long as the filing is made by the new filing due date stated in the Court’s entry granting the extension.

INFO

The Court may adjourn sessions as justice requires, including to obtain additional evidence or testimony.

Sessions may be adjourned from time to time as the justice of the court may require, and for the Court to have an opportunity to obtain additional evidence or testimony.

INFO

The Court may make exceptions to the general extension limits for truly unusual and complex circumstances.

The Court may make exceptions to these general time limitations in situations involving truly unusual and complex circumstances.