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

CRITICAL

Scheduled cases will begin and end on time, and tardy cases will be continued.

In order to preserve proper occupancy standards, scheduled cases will begin and end at the scheduled time; thus, tardy cases will be continued.

CRITICAL

A case may not be moved on the docket without an order or entry of continuance setting a certain date and time.

No case shall be moved on the docket without an order/entrv of continuance continuing the case to a date and time certain.

CRITICAL

A party seeking an extension beyond the rule's allowance or unable to obtain agreement must file a written motion supported by an affidavit stating facts that show practical impossibility and good cause.

Where an add i tional extension of time beyond that orovided by thi s rule is needed or where the parties cannot agree uoon an extension of time. the party desiring the extension shall file a written motion, .supported by an affidavit, stating facts indicating the practi cal impossibility of pleading within rule and demonstrating good cause for further extensions.

CRITICAL

When necessary, legal counsel must file a motion for continuance as soon as possible after receiving the Court's scheduling notice.

Leaal counsel shall f ile his or her Motion for Continuance. when necessar v. as soon as possible after he or sh e receives the Court's notice of schedulina.

CRITICAL

a. To accommodate trials and the effect of public health recommendations on trials, the period of the continuances implemented by this Order are excluded under O.R.C. 2945.72 and Ohio Constitution I, sec. 10. The Court specifically finds that the ends of justice served by ordering the continuance outweigh the interest of the public and any defendant's right to a speedy trial.

a. To accommodate trials and the effect of public health recommendations on trials, the period of the continuances implemented by this Order are excluded under O.R.C. 2945.72 and Ohio Constitution I, sec. 10. The Court specifically finds that the ends of justice served by ordering the continuance outweigh the interest of the public and any defendant's right to a speedy trial.

CRITICAL

For deadlines fixed by statute or Supreme Court rule, the assigned judge may grant a written extension after notice to opposing counsel or a party.

or ext ens i on ther eof as may be gr anted in wr i ting by t he j udge t o whom the c ase i s ass i gned after notic e to oppos i ng counsel or oarty .

CRITICAL

In a criminal case, the client's consent to a continuance must be signed if the client's signature can possibly be obtained.

In criminal cases. the consent must be bv signature when th e client's sionature can possibly be obtained,

CRITICAL

After notice to all parties, the judge may grant extensions of time by entry for good cause shown.

After not i ce t o all par ties , the judge may, for g ood cause shown , gran� ext ens i on s of time by entry.

CRITICAL

After receiving all requested information, the Judge must decide the petition within sixty days unless the Petitioner requests and is granted an extension.

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.

CRITICAL

When counsel received the other court's hearing notice before this Court's notice, the motion for continuance must be filed promptly—within seven days of this Court's notice—unless good cause excuses tardy filing; the Court may summarily deny a motion that does not meet this requirement.

In the case of a sch edule conflict in which movina le9al counsel had received the oth er Court's notice of hear in9 before he received this Court's notice of hear inp� legal counsel failed to file his Motion for Continuance promotlv (th at is. within seven (7) davs) after he received this Court's notice of hearina, unless aood cause is shown for the...• tardv � filing:

CRITICAL

Jury trials are suspended until February 1, 2021, subject to daily reevaluation and change.

18. Jury Trials are hereby suspended until February 1, 2021. This date will be re-evaluated on a daily basis and is subject to change at any time.

CRITICAL

For a scheduling conflict, the motion must clearly identify the conflicting case and hearing details, but attaching that case's hearing notice satisfies the requirement; the Court may summarily deny a motion that does not.

In the case c,f a schedule cc,nflict� the Motion for Continuance aoes not clearly express the caotion and stvle of th e conflictin□ case. the date and time of the conflictina hearina, and date when the conflictino court had scheduled it's hearino. A reouestinn attorney mav satisfy th is reouirement bv attachina to th e Motion for Continuance a coov of the notice of h earino for the conflictino case.

CRITICAL

A trial continuance superseding a defendant’s speedy-trial right is considered permissible for General Division judges as a reasonable continuance due to pandemic levels.

b. Further this Court finds that a continuance of a trial which supersedes a defendant's speedy trial right is hereby considered permissible by all judges of the General Division under the Ohio Constitution and O.R.C. 2945.72 (H) as a "reasonable continuance granted other than upon the accused own motion"' due to current pandemic levels.

WARNING

By counsel's agreement, a party may be permitted two extensions to move or plead, provided the total extension does not exceed 56 days.

By aoreement of counsel� any party may be permitted two leaves to move or olead, prov i ded the total extension of t i me does not exceed fifty-six (56) days.

WARNING

People unable or unwilling to attend an in-person hearing because of COVID-19 concerns or complications may request a continuance, and reasonable advance requests will be granted.

Again, the Court will endeavor to conduct as many of its cases and interactions via available technology as practical, and persons who are unwilling or unable to attend an in-person hearing due to COVID- 1 9 concerns/complications may request a continuance. Reasonable, advance continuance requests will be granted.

WARNING

The Court may summarily deny a motion for continuance if the moving legal counsel previously filed one in the same case.

The movino leaal counsel had creviouslv filed a Motion f or Continuance in the same case.

WARNING

People unable or unwilling to attend in person because of COVID-19 concerns may request a continuance, and reasonable advance continuance requests will be liberally granted.

Persons who are unwilling or unable to attend an in-person hearing due to COVID- 19 concerns/complications may request a continuance or request to participate virtually using the Zoom platform. Reasonable, advance continuance requests will be liberally granted.

WARNING

The Court may summarily deny a motion for continuance filed after the jury has been summoned, which usually occurs seven days before trial.

The Motion for Continuance is filed after the jurv has been summoned for th e trial of the case. The jury is usually summoned seven (7) days befor e the trial date.

WARNING

The Court may summarily deny a motion for continuance that does not prominently display the moving legal counsel's client's consent.

The Motion for Continuance does not orominentlv disolav the consent to continuance bv the mov in9 le□al counsel's client.

WARNING

Litigants or counsel displaying a symptom that could be COVID-19 related will be ordered to leave the courthouse, and their cases will be continued upon providing a current, accurate physical address, phone number, and email address.

Pursuant to guidance from the Centers for Disease Control, the Meigs County/ Ohio Department of Health and the Supreme Court of Ohio, litigants and/ or counsel displaying any symptom that could be construed as COVID- 1 9 related will be ordered to leave the courthouse; and upon providing a current accurate physical address, phone number and email address, will have their cases continued.

WARNING

After due notice, arbitration may proceed if a party is absent and has not obtained an adjournment, but the panel may not award solely on the party’s absence and must require evidence from the other party.

The ar b itr , t ion m ay pr oc e ed in t he absen ce o f any oa rty wh o, a f ter due n ot ic e , f ails to b e pr es e nt or fails to cib tain a n adj our nment . An awar d shal l not b e made s ol el y on t he ab sen ce o f a p arty ; t he p a ne l s hall r e a u ir e t he oth e r par ty t o subm i t e v id enc e as t he y m ay require for making an award.

WARNING

If a party cannot proceed, the assignment commissioner may continue the case and assess that party a $25 continuance fee.

case con tinued a nd mav assess a Twenty-five Dol l ar ( $25. 00) contin uanc e fee a a ainst s�c n o a rt v.

WARNING

Filing a criminal motion does not continue the trial assignment.

An assignment for trial will not be continued because of the filing of such a motion.

WARNING

During the COVID-19 public health emergency, continuances are deemed supported by good cause and shall be liberally granted.

Our Courts have determined that the COVID-19 public health emergency is a good cause for continuance and such continuances shall be liberally granted during this public health emergency.

WARNING

During the emergency, the Courts may reschedule less essential and non-emergency matters on their own motion.

The policies of our Courts may be temporarily adj usted to maintain essential Court operations and to reschedule less essential and non-emergency matters upon the Courts' own motions.

INFO

Filing a motion for continuance earlier increases the likelihood that it will be granted.

The earlier a Motion for Continuance is filed. the more likelv it is to be □ranted.

INFO

In a civil case, the client's consent to a continuance may be expressed by telephone.

but in civil cases an exoression of the client's consent by tel eohone is sufficient.

CRITICAL

A continuance must be requested by written motion supported by an affidavit showing undue hardship at least one week before trial; notice must be served on opposing counsel or, for an uncounseled defendant, the defendant, and the judge directs whether the motion is submitted on affidavits or at an oral hearing.

All requests for continuances shall be made by written motion supported by an affidavit showing undue hardship at least one week prior to the trial date. Notice of the filing of such motion shall be served upon opposing counsel who may forthwith file an affidavit in opposition. If the defendant has no counsel and a motion for continuance is filed by the prosecuting attorney, such notice shall be served upon the defendant. The motion shall be submitted upon affidavit or upon oral hearing as the trial judge may direct.

CRITICAL

A continuance requires a written motion complying with Local Rule 11 and Court approval.

Upon receipt of a written motion for continuance, in compliance with Local Rule 11, with Court approval, the assignment commissioner shall continue case and prepare and distribute Journal Entry with new date.