Lorain Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

A continuance motion must be written, proof that a copy was served on opposing counsel must be filed, and the motion must be filed at least 14 days before trial.

(P) All motions f or continuance shall be made in writing and proof of serv ice upon opposing counsel of a copy of such motion shall be f iled not less than fourteen(14) days before trial date.

CRITICAL

Further leave to move or plead requires court approval, an application, notice to the opposing party or counsel, and good cause; opposing counsel's consent alone is insufficient.

Any leav e to mov e or plead thereaf ter may be had only with approv al of the Court and upon application to the Court, with notice to the opposite party or counsel, and f or good cause shown, consent of opposing party or counsel shall not in and of itself constitute good cause.

CRITICAL

An application to continue the pretrial conference must be addressed to the judge assigned to the case.

Any application f or continuance of the conf erence shall be addressed the judge to whom the case has been assigned.

CRITICAL

A continuance motion must state its grounds; a trial-date continuance is allowed only for qualifying good cause after due diligence and prompt notice efforts, and every continuance must be to a date certain.

(Q) The grounds f or continuance must be stated in such motion. Such motion may be set f or hearing bef ore the trial date and the Court shall giv e opposing counsel notice of the time of such hearing. No case will be continued on the trial date, except f or good cause shown, which was not known to counsel prior to the date of trial and prov ided counsel had used due diligence to be ready f or trial and has notif ied and made diligent ef f ort to notif y his opponent as soon as he became aware of his necessity to ask f or a continuance. All continuances shall be to a date certain.

CRITICAL

A request to continue a trial must be made by written motion complying with the Civil Rules, and only the assigned judge may grant it.

(B) Requests f or Continuances: All requests f or the continuance of a trial must be by written motion which complies with the Civ il Rules. Continuances shall be granted only by the judge to whom the case is assigned.

WARNING

Continuances in civil and criminal cases must comply with the Superintendence Rules.

(A) Continuances of Civ il and Criminal cases shall be in accordance withSuperintendence Rules. (http://www.sconet.state.oh.us/pdf /Rules/SUPER.pdf )

WARNING

Except in forcible entry and detainer or replevin actions, an unprepared party may apply for one extension of up to 30 days without notice; counsel's filed consent is evidence of good cause only for that first leave.

(A) Except in actions f or f orcible entry and detainer or in replev in, when a party in any case is not prepared to mov e or plead by answer day ONE extension of time may be had upon application to the Court and without notice f or a period of not exceeding thirty (30) day s. Consent of counsel may be f iled as a journal entry in the case and shall be ev idence of "good cause shown" f or the f irst leav e only.