Lima Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

Only the arraignment Judge or Magistrate may grant an arraignment continuance for good cause, and the continuance extends the O.R.C. 2945.71 time limits by its length.

Continuance of the arraignment date may only be granted by the arraignment Judge or Magistrate for good cause shown, and the time limits of O.R.C. 2945.71 shall be extended by the length of the continuance.

CRITICAL

Only the trial Judge may grant a continuance of a motion hearing date.

Continuances of motion hearing dates may only be granted by the trial Judge.

CRITICAL

Trial continuances require good cause, a written request, and written approval from opposing counsel or the unrepresented defendant; the court will set a new date at its earliest convenience.

Continuances of trial dates may only be granted by the Trial Judge or Magistrate for good cause shown. All requests for a continuance must be made in writing and no continuance of the trial date shall be granted without the written approval of opposing counsel, or the defendant if unrepresented by the counsel. A new trial date will be set at the court’s earliest convenience. The time limits of O.R.C. 2945.71 shall be extended by the length of such continuance.

CRITICAL

A pretrial continuance may be granted only by the Trial Judge or Magistrate and only for good cause shown.

Continuance of the pre-trial date may only be granted by the Trial Judge or Magistrate for good cause shown

CRITICAL

A continuance of the pre-trial conference may be granted only on a written motion submitted at least seven days beforehand and for good cause, unless otherwise ordered.

Continuances of the pre-trial conference may be granted by the assigned Magistrate only upon written motion submitted at least seven (7) days prior and for good cause shown, unless otherwise ordered

CRITICAL

Only the Judge or Magistrate presiding over a felony preliminary hearing may grant a continuance for good cause, and it extends the Criminal Rule 5(B) time limits by its length.

Continuances shall only be granted for good cause shown by the Judge or Magistrate presiding over that preliminary hearing and shall extend the time limits of Criminal Rule 5(B) by the period of the continuance.

CRITICAL

Continuance motions generally must be made at least seven days before the scheduled action, state the reason, and include a journal entry with the rescheduled date and opposing counsel’s consent position; exceptions apply for criminal arraignments, sudden illness, emergencies, or death in the family.

Motions for continuances MUST be made by the moving party no later than seven (7) days before the scheduled Court action, except for criminal arraignments or in cases of sudden illness, emergency, or death in the family. All motions for continuance shall specify the reason therefore and must contain proof of service to all opposing parties or their respective counsel of record. Journal entries must accompany all such motions and a definite date and time to which the action is continued must be established with the assignment commissioner, or the matter will be continued at the court’s earliest convenience. Consent of opposing counsel shall be noted on the journal entry or it shall be noted consent was not given.

CRITICAL

A continuance of a criminal arraignment may not extend beyond seven days except in extraordinary situations involving a defendant’s long-term health.

Except for extraordinary situations involving the long-term health of a defendant, continuances for Criminal Arraignments shall not extend beyond seven (7) days.

WARNING

Failure to serve subpoenas when the praecipe was not timely filed is not grounds for a continuance unless good cause is shown.

Failure of service of such subpoenas where the praecipe was not filed in accordance with this rule shall not be considered as grounds for a continuance, absent a showing of good cause.