Madison County Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

A continuance motion must be submitted in writing with an entry and a supporting brief stating the reasons for the continuance.

(A) All motions for continuances shall be submitted to the court in writing with an entry and include a brief in support setting forth the reasons requiring the continuance.

CRITICAL

Except in forcible entry and detainer actions, a party unprepared to move or plead on the answer day may apply for one extension of up to 30 days; counsel’s consent may be filed as a judgment entry and is evidence of good cause.

(A) Except in actions for forcible entry and detainer, 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 for a period not exceeding thirty days. Consent of counsel may be filed as a judgment entry in the case and shall be evidence of good cause shown.

CRITICAL

A continuance request for a case set for trial must be filed in writing or by fax at least seven days before trial.

A request for a continuance of a case set for trial shall be filed in writing or by fax at least seven days prior to the trial date.

CRITICAL

A continuance motion not ruled on by the hearing date is deemed denied.

A continuance that has not been ruled on by the date of the hearing shall be considered to be denied.

CRITICAL

A continuance will not be granted without proof of reasonable notice to the other party or that party's consent.

No continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the other party.

CRITICAL

Applications for extensions of time must be filed at least one day before the due date, regardless of opposing counsel’s consent.

(C) Applications for extensions of time, regardless of consent of opposing counsel must be filed at least one day prior to the due date.

CRITICAL

A written continuance request must include the case caption and number, reason, scheduled trial date and time, a signed statement that the other party was notified, and the requester’s or attorney’s signature.

The request shall be in writing and shall include: (1) The case caption and case number; (2) The reason for request; (3) The date and time of the scheduled trial; (4) A statement signed by the moving party that he or she has notified the other party in accordance with rules of service; and (5) The signature of the party requesting the continuance, or of such party’s attorney.

CRITICAL

No continuance will be granted on the trial date to allow submission of additional documents or witnesses.

No continuances will be granted on the date of trial to submit additional documents or witnesses.

CRITICAL

A continuance motion filed within 72 hours of the hearing will not be considered unless the other party gives written consent and that consent is filed before the hearing.

(C) No continuance will be considered if filed within seventy-two hours of the hearing date unless the moving party secures the consent of the other party in writing and consent is filed with the court prior to the hearing date.

CRITICAL

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

(B) Any leave to move or plead thereafter may be had only with the 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.

CRITICAL

A continuance motion based on counsel's conflicting hearing in another court must include a copy of that court's notice.

(B) When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for hearing on the same date in another court, the movant shall attach a copy of the notice received from the other court.

WARNING

Continuance motions based on hearing or trial schedule conflicts are ruled on under Rule 41(B) of the Ohio Rules of Superintendence.

Motions for continuance sought due to conflict in the hearing or trial schedules shall be ruled upon in accordance with rule 41 (B) of the Rules of Superintendence for the Courts of Ohio.

WARNING

A party may request an extension of time to file an opposition brief before the 14-day period expires.

(B) A motion to extend the time for filing the brief in opposition may be requested prior to the expiration of the fourteen days.