Lyndhurst Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

Except in forcible-entry-and-detainer or replevin actions, an unprepared party may apply without notice for one extension of up to 30 days to move or plead on the answer day.

Except in actions for forcible entry and detainer or replevin, when a party is not prepared to move or plead on the answer day, one extension of time may be had upon application to the Court and without notice for a period not to exceed thirty (30) days.

CRITICAL

Any request for a continuance shall be in writing. Such request may be faxed but no later than forty-eight (48) hours prior to the pre-trial. A request for a continuance shall not be considered granted until the Court formally rules on the request.

Any request for a continuance shall be in writing. Such request may be faxed but no later than forty-eight (48) hours prior to the pre-trial. A request for a continuance shall not be considered granted until the Court formally rules on the request.

CRITICAL

Further extensions require a Court-approved application, notice to the opposing side, and good cause; opposing-side consent alone is insufficient, and the application must be filed at least one day before the due date.

Any leave to move or plead thereafter may be had only upon application to and with approval of the Court, with notice to the opposing party or counsel and for good cause shown. Consent of the opposing party or counsel shall not, in and of itself, constitute good cause. Applications for extensions of time shall be filed no later than one (1) day prior to the due date.

CRITICAL

A continuance request must be a written motion stating the reason; each party gets one timely request, due within 10 days after the case is set, with a conflicting court notice attached when based on a scheduling conflict; the first-set trial and criminal trials receive the stated priorities.

A written motion from the party or counsel requesting a continuance shall state the reason for the continuance must be filed with the Court. Each party is entitled to one (1) timely request for a continuance. Such request shall be made no later than ten (10) days from the date when the case was set by the Court for hearing, pre-trial or trial. When the request is due to a scheduling conflict, the conflicting court notice must be attached to the request. When the continuance is requested due to the fact that counsel is scheduled to appear in another court, the case first set for trial shall have priority and the continuance shall be granted. Criminal cases set for trial shall have priority over civil cases.

CRITICAL

A criminal continuance motion must be filed at least 48 hours before the hearing and may be e-filed or faxed, but is not granted until the Court rules.

Motions for continuances must be filed no later than forty-eight (48) hours prior to the scheduled hearing. Said motions may be e-filed or faxed to the Court, however, no continuance is considered granted until ruled on by the Court.

INFO

Counsel’s consent may be filed as a journal entry and is evidence of good cause for the extension.

Consent of counsel may be filed as a journal entry in the case and shall be evidence of “good cause shown.”