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

CRITICAL

A continuance for an absent witness may be granted if due diligence was used, but 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 ground 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 this ground, 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 so 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 cause will proceed to trial.

CRITICALCivil cases

If an extension beyond 28 days is needed or the parties cannot agree, a party not in default may seek Court leave for an extension of the time to file a pleading or motion, for a period set by the Court.

Where an extension of time beyond twenty-eight (28) days is required or where the parties cannot agree upon an extension of time, a party not in default for a pleading or motion may obtain leave to have the time extended for filing any pleading or motion, for such time as may be fixed by the Court.

CRITICALCivil cases

Filing a pleading instanter under the consent procedure does not continue a case assigned for trial.

but if the case has been assigned for trial, there shall be no continuance by reason thereof.

CRITICALCivil cases

A defaulting party who cannot obtain opposing counsel’s written consent may seek leave to file instanter by written motion and notice of a hearing at 9:00 A.M. on the third day the Court is in session thereafter; the party must show a good reason for the default and a meritorious cause.

A party in default for a pleading who cannot obtain the written consent of opposing counsel to file the same may obtain leave to file a pleading instanter by filing a written motion and by giving notice to opposing counsel that the same will be heard by the Court at nine o’clock A.M. on the third day the Court is in session thereafter, if he can show to the satisfaction of the Court at such hearing that he has a good reason for such default and that he has a meritorious cause.

CRITICALCivil cases

Granting leave to file a pleading instanter does not continue a case that has been set for trial.

The granting of such leave shall not operate as a continuance of the case if the same has been set for trial.

CRITICALCivil cases

A continuance based on an absent witness may be granted only upon a showing of due diligence and 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 ground 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 this ground, 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 so 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 cause will proceed to trial.

CRITICAL

A motion to continue a cause after it is set for trial must be written and state the reason, except in an emergency or when the Court orders the continuance on its own motion.

Except in cases of emergency or by order of the Court on its own motion, a motion for a continuance of a cause after it has been set for trial must be in writing which shall set forth the reason for a continuance.

CRITICAL

If an extension beyond 28 days is needed or the parties cannot agree, a party not in default may seek Court leave for an extension of time set by the Court.

B. Where an extension of time beyond twenty-eight days is required or where the parties cannot agree upon an extension of time, a party not in default for a pleading or motion may obtain leave to have the time extended for filing any pleading or motion, for such time as may be fixed by the Court.

CRITICAL

Granting leave to file a pleading instanter does not continue a case that has been set for trial.

The granting of such leave shall not operate as a continuance of the case if the same has been set for trial.

CRITICAL

For a continuance request based on an attorney's prior engagement, proof of the assignment must be attached to the motion, which must be filed forthwith after notification of the case assignment.

Where a continuance of a cause is requested on the ground that an attorney interested in the case is already engaged on the date set for trial in another court of record or a governmental bureau, proof of such prior assignment 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 continuance motion is heard promptly after notice to opposing counsel.

a motion for a continuance shall be heard forthwith after notice to opposing counsel.

CRITICALCivil cases

When a continuance is requested because an interested attorney is already engaged elsewhere on the trial date, proof of that prior assignment must be attached to the motion.

Where a continuance of a cause is requested on the ground that at attorney interested in the case is already engaged on the date set for trial in another Court of record or a governmental bureau, proof of such prior assignment 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

Filing the pleading does not continue a case that has been assigned for trial.

but if the case has been assigned for trial, there shall be no continuance by reason thereof.

CRITICAL

A trial date may not be changed and a trial may not be continued without a court order and a showing of good cause.

The trial date shall. not be changed nor shall the trial be continued without order of the Coun and after the showing of good cause.

CRITICALCivil cases

After a case is set for trial, a continuance motion must be written and state its reason, except in an emergency or when the Court acts on its own motion; unless the Court directs otherwise, it is heard forthwith after notice to opposing counsel.

Except in cases of emergency or by order of the Court on its own motion, a motion for a continuance of a cause after it has been set for trial must be in writing, which shall set forth the reason for a continuance. Unless the Court should otherwise direct, a motion for a continuance shall be heard forthwith after notice to opposing counsel.

CRITICAL

Counsel may agree to an extension totaling no more than 28 days; the written consent must be filed with the Clerk, signed by all counsel of record, and does not require Court approval.

A. By agreement of counsel, additional time to move or plead may be granted to a party if the total extension of such time does not exceed twenty-eight days. Such consent shall be filed with the Clerk of the Juvenile Division in writing, signed by all counsel of record and need not be submitted to the Court for approval.

CRITICAL

A continuance generally requires proof of reasonable notice to or consent by the adverse party or counsel; failure to object within a reasonable time after notice is deemed consent.

(B) No continuance, except upon the Court's own moti1>n., shall .be gramed in the ~sence of prodf of reasonable notice to, or consent by, the a4verse party or ·hill. COtJDSel. Fiillute, after such notice, t\l 9bjeet to the continuance within a reasonable time shall be deemed a C\lll$e!lt thereto.

CRITICALCivil cases

Counsel may agree to extend the time to move or plead by no more than 28 days total; the written consent must be signed by all counsel of record and filed with the Clerk, but does not require Court approval.

By agreement of counsel, additional time to move or plead may be granted to a party if the total extension of such time does not exceed twenty-eight (28) days. Such consent shall be filed with the Clerk in writing, signed by all counsel of record, and need not be submitted to the Court for approval.

WARNINGCivil cases

The Judge must decide the Petition within sixty days after receiving all requested information unless the Petitioner requests and is granted an extension.

12. Once all information requested has been received, a Judge shall decide whether to Grant (Form H) or Deny (Form I) the Petition within sixty days, unless Petitioner requests and is granted an extension of time.

WARNING

If subpoena service is not perfected, the Court may or may not treat the witness's nonappearance as a reason for a continuance, at its discretion.

Subpoenas will be accepted for filing after that deadline, however, should service not be perfected upon a witness, the non-appearance of that witness may or may not be considered as a reason for a continuance at the discretion of the Court.

WARNING

If a 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.