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

CRITICAL

If the Judge or Magistrate does not grant a continuance motion, the matter proceeds as originally scheduled.

If the motion to continue the matter is not granted by the Judge or Magistrate, it shall proceed as originally scheduled.

CRITICAL

A continuance motion must include an entry stating the date and time from and to which the matter is continued, and must state its original filing date, subject matter, scheduled proceeding date, prior continuances and who requested them, reason, applicable conflicting trial assignment, opposing-party agreement or whether it was sought, and the required endorsements; criminal cases have priority.

A motion for continuance must be accompanied by the appropriate entry granting the motion with the date and time from and to which the matter is continued and must contain the following information: a. Filing date of the original motion; b. Subject matter of the motion; c. Pretrial, trial, or hearing date d. Number of previous continuances granted and at whose request; e. Reason for continuance; f. Copy of conflicting trial assignment attached, if appropriate. (Criminal case shall have priority.) g. Agreement of opposing party/counsel if obtained, and if not, whether or not an agreement was sought; and h. Endorsement of moving party and moving party=s attorney, if represented.

CRITICAL

A scheduled proceeding may be continued only with an endorsed written motion and judicial authorization, or, for good cause, by an Agreed Entry or a written motion with an entry setting a reassigned date obtained from the Assignment Commissioner; relief may remain effective as of the original hearing date.

A case in which a date has been assigned for any proceeding shall only be continued upon written motion endorsed by the litigant seeking the continuance, and the authorization of the Judge or Magistrate. For good cause shown, a case may be continued by an Agreed Entry, or by a written motion with entry reassigning the proceeding for a date that has been obtained from the Court=s Assignment Commissioner. Any relief which ultimately may be granted may be effective as of the original hearing date despite the granting of the requested continuance.

CRITICAL

The objection deadline may be extended for good cause only by written motion filed before the original 14-day period expires and brought to the Judge's attention.

Such time period may be extended for good cause shown upon written motion only, filed prior to the expiration of the original fourteen (14) day period and brought to the attention of the Judge.

CRITICAL

The Court may extend the 14-day period if the party applies and shows good cause.

The Court may extend that time period upon application of the party and for good cause shown.

CRITICAL

A scheduled mediation may be continued only for good cause after the parties determine a mutually acceptable future date, and the mediation must be rescheduled before final pretrial; pending motions generally are not good cause, and requests for dates more than 45 days after referral must go to the referring Judge or Magistrate.

Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediator or the Judge or Magistrate who referred the case. Except as authorized by the Court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial. If a continuance of a scheduled mediation is requested and the proposed new date is more than 45 days after the initial referral to mediation, then the request must be made to the Judge or Magistrate.

WARNING

For a continuance request based on a same-day court appearance conflict, the Court gives priority to the first-assigned case, except that criminal cases take priority over civil cases.

When counsel requests a continuance for the reason that counsel is scheduled to appear in another case assigned on the same date, the Court will give priority to the case that was first assigned. Provided however, criminal cases shall have priority over civil cases. Counsel shall attach a copy of the conflicting entry or notice assigning the other case to the motion for continuance.

WARNING

The Court may waive the litigant’s endorsement requirement if counsel’s motion specifically explains the waiver request, confirms counsel advised the client of the continuance request and its reason and provided the client a copy, and authorizes service of the granting entry on the client.

The Court may waive the requirement that the litigant/moving party endorse the motion for a continuance if in the motion counsel states with specificity the reason for the request for the waiver and that counsel has advised the litigant-client of the request for continuance and the reason therefore, has provided a copy of the motion to the litigant-client, and authorizes the Court to serve a copy of the entry granting the continuance on the litigant-client.

WARNING

After receiving all requested information, the judge must decide the petition within 60 days unless the petitioner requests and is granted an extension.

Once all information requested has been received, a Judge shall decide whether to Grant [CM 36] or Deny [CM 37] the Petition within sixty (60) days, unless Petitioner requests and is granted an extension of time.

WARNING

Matters still pending on the last day of a court term automatically continue to the next term without a further court order.

All causes and proceedings, civil, criminal, domestic relations, and other matters pending on the last day of a term are continued to the next term without further order of the Court.

WARNING

The retention period for case files may be extended on an individual basis.

Extension of the within retention period for case files may be made on an individual basis.

WARNING

An extension to file an opposition brief may be obtained on the same grounds and terms that apply to extensions of the objection deadline.

An extension of time for filing a brief may be obtained for the same reason and upon the same terms as set forth in section B. of this rule.