Middletown Municipal Court, Ohio Adjournment & Extension Requirements

A continuance request beyond ten calendar days will not be granted unless a speedy-trial waiver accompanies the written plea.

No request for a continuance beyond ten (10) calendar days will be granted without a waiver of speedy trial accompanying the written plea.

The Court may extend a defendant’s time to move, answer, or otherwise plead only on a written application filed with and allowed by the Court before the original deadline expires.

The Court may in its discretion enlarge the time for a defendant to move, answer, or otherwise plead in any civil action; but such enlargement shall be allowed only upon the written application duly filed with the Court and allowed by the Court prior to the expiration of the time originally allowed by law to move, answer, or otherwise plead.

A continuance requires counsel’s agreement evidenced by an entry filed by the hearing time, a written Court order filed before the hearing, or an order at the hearing documented by a later written entry; the Court may grant one for good cause and as justice requires.

Continuances shall be allowed only upon (a) agreement of counsel evidenced by an entry filed prior to or at the time scheduled for hearing, (b) upon written order of the Court filed prior to the time scheduled for hearing, or (c) order made at the time of hearing and documented by a written entry filed thereafter. The Court may grant continuances for good cause shown, and as the justice of a case may require.

Continuances require a written, reasoned request with service certification, the hearing date, and an entry setting a new date; they are granted only for good cause at the trial court’s discretion, and requests within one week of trial or hearing are not considered absent good cause.

Every request for a continuance shall: (A) be in writing; (B) state the reasons for the application, (i.e. continuance motions which fail to state a reason for continuance will not be considered). (i.) If the reason for the continuance is that counsel is scheduled to appear at another hearing on the same date and time in another trial court of this State, the case which was first set for trial shall have priority. Therefore, attached to the request for continuance for reason of conflict of hearings shall be proof of the date of scheduling of the other hearing. (ii.) If there is a conflict between civil and criminal cases, criminal cases assigned for trial shall have priority over civil cases. (iii.) If a designated trial attorney has such a number of cases assigned for trial in courts of this State so as to cause undue delay in the disposition of cases in this Court, the Judge may require the trial attorney to provide a substitute trial attorney. If the trial attorney was appointed by this Court or is a Public Defender, the Court may appoint a substitute trial attorney. (C) contain a certificate of service upon all parties, or the legal representative thereof; D) state the time and date of the hearing from which a continuance is being requested; and (E) be accompanied by an Entry permitting said continuance and setting forth a new trial or hearing date and time. Said requests shall only be granted upon good cause shown, and are at the sole discretion of the trial court. No request for continuance shall be considered if made within one week prior to the trial or hearing date, except for good cause shown.

Once a Pretrial Conference or Report Hearing is scheduled, it is mandatory and may be canceled or continued only by Court order.

After the Pretrial Conference or Report Hearing is set upon the Court's calendar, such conference shall be deemed mandatory and may be canceled or continued only by order of the Court.