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

CRITICAL

An application to continue a pretrial conference must be addressed to the judge assigned to the case.

Any application f or continuance of the conference shall be addressed to the Judge to whom the case has been assigned.

CRITICAL

A felony continuance requires good cause and the interests of justice, and must continue the case to a specified date.

Continuances in criminal felony cases will be granted only ~pon good ca~se shown and only when the interest of justice requires. No continuance in any criminal case shall be grantee unless the case is continued to a specified date.

CRITICAL

A dispositional hearing may be continued an additional 14 days for good cause and in the interest of justice.

A dispositional hearing shall be held on the 14th day after an adjudica- tion is made, but, for good cause shown and in the interest of justice, dispositional hearings may be continued for an additional 14 days.

CRITICAL

A misdemeanor continuance requires good cause and the interests of justice, and must continue the case to a specified date.

Continuances in criminal misdemeanor cases will be granted only upon good cause shown and only when the interest of justice requires. No continuance in any criminal case shall be granted unless the case is continued to a specified date.

CRITICAL

A trial-date continuance is permitted only in an emergency or when the Court determines that the interest of justice requires it.

No continuance of the trial date will be granted, except for emergency situations or when the interest of justice, in the opinion of the Court, so requires.

CRITICAL

A scheduled trial or hearing may not be continued solely because the out-of-state attorney is unavailable or inconvenienced.

The continuance of any scheduled trial or hearing date shall not be permitted solely because of the unavailability or inconvenience of the out-of-state attorney.

CRITICAL

A party seeking a continuance of a trial or hearing must submit a written motion stating the reason.

No party shall be granted a continuance of a trial or hearing without a written motion from the party or his counsel stating the reason for the continuance.

CRITICAL

A juvenile traffic case may not be continued beyond 42 days after the original complaint is filed, except in unusual circumstances when the interest of justice requires it.

If requested by the juvenile, his parents, or counsel, or upon the Court's own Motion, the Court may combine any of the hearings set forth in Sub-paragraphs 1, 2, or 3 above into one or more hearings, provided that in no event, shall any juvenile traffic case be continued beyond 42 days from the date of the Complaint's original filing with the Court, except under unusual circumstances when the interest of justice so requires.

CRITICAL

A continuance may be granted only for good cause and when the interests of justice require it, and it must be to a specified date.

No continua~ces shall be granted, except for good cause shown, and if the interest of justice so requires. No case will be continued unless i t is continued to a specified cate.

CRITICAL

Unless the Court moves for a continuance, the requesting party must show reasonable notice to or consent by the adverse party or counsel; failure to object within a reasonable time after notice counts as consent.

Except on motion of the Court, no continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the adverse party or party's counsel. Failure to object to the continuance within a reasonable time after receiving notice shall be considered consent to the continuance.

CRITICAL

Misdemeanor case timelines may be extended for good cause, but trial may not occur after six months from arraignment or beyond the statutory speedy-trial periods.

The times set forth in ~his rule may'be extended for good cause shown, but, in no event will criminal misdemeanor cases be tried at any time after 6 months from the arraignment or at any time beyond the time specified in Sections 2945.71, 2945.72, and 2945.73 of the Ohio Revised Code.

CRITICAL

Custody and visitation matters may be continued only when the Court finds it is in the interest of justice, and may not be continued beyond six months after the motion is filed and served.

No continuances shall be granted unless the Court determines that it is in the interest of justice to continue this matter, but in no event will issues of custody, change of custody, or visitation rights be continued beyond 6 months after the filing of a Motion and the service of the adverse party therewith.

CRITICAL

A continuance may be granted only for good cause and when the interests of justice require it, and it must be to a specified date.

No conti~uances shall be granted, except for good cause shown, and if the interest of justice so reauires. No case will be continued unless it is-continued to a soecified date.

CRITICAL

If parties have not attended the parenting class or an equivalent class from another county, the hearing must be rescheduled until they do.

IF YOUR CLIENTS HAVE NOT ATTENDED THIS CLASS OR ONE FROM ANOTHER COUNTY, YOU MUST RESCHEDULE YOUR HEARING UNTIL THEY HAVE ATTENDED SOME CLASS.

CRITICAL

No continu- ances shall be granted unless the Court determines that it is in the interest of justice to continue this matter, but in no event will issues of custody, change of custody, or visitation rights be continued beyond 6 months after the filing of a Motion and the service of the adverse party therewith.

No continu- ances shall be granted unless the Court determines that it is in the interest of justice to continue this matter, but in no event will issues of custody, change of custody, or visitation rights be continued beyond 6 months after the filing of a Motion and the service of the adverse party therewith.

CRITICAL

Continuance requests generally must be made by written motion stating the date and reasons, with specified accompanying materials; an on-the-record request in open court is an exception, and the judge retains discretion to grant or deny the request.

Every request for a continuance shall be by written motion, unless made on the record in open court. The motion shall set forth the date from which a continuance is requested and the reasons for continuance. Attorneys submitting motions for continuance shall accompany them with an entry providing blanks for the new trial of hearing time and date. If a continuation is requested due to a prior set hearing in another court, a copy of the notice of such hearing shall accompany said motion. This rule does not restrict the judge's exercise of discretion in granting or denying continuance.

CRITICAL

If the interest of justice requires, the Court may continue the hearing matter for 14 days to allow the parties to provide additional Agency-required information or permit support calculations.

If the interest of justice so requires, the Court may continue the matter set for hearing for a period of 14 days to allow the parties to provide any additional information required by the Morgan County Child Support Enforcement Agency, or to allow calculations of support, pursuant to law.

CRITICAL

A continuance generally requires proof of reasonable notice to or consent from the adverse party or counsel; failure to object within a reasonable time after notice counts as consent, but the Court may move for a continuance itself.

Except on motion of the Court, no continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the adverse party or party’s counsel. Failure to object to the continuance within a reasonable time after receiving notice shall be considered consent to the continuance.

CRITICAL

Felony case timelines may be extended for good cause, but trial may not occur beyond the statutory speedy-trial periods.

The times set forth in this rule may be extended for good cause shown, but, in no event will criminal felony cases be tried at any time beyond the times specified in Sections 2945.71, 2945.72, and 2945.73 of the Ohio Revised Code.

CRITICAL

Only one extension may be granted without a hearing unless good cause is shown.

(A) Only one (1) extension of time may be granted without a hearing, unless good cause is otherwise shown.

CRITICAL

An adjudicatory hearing may be continued an additional 14 days upon a party’s request and good cause, but not beyond 30 days after the original complaint is filed.

Upon request of any party, and for good cause shown, an adjudi- catory hearing may be continued for an additional 14 days, but in no event shall said hearing be continued to a time in excess of 30 days after the filing of the original Complaint with the Court.

WARNING

The Court may extend the dispositional-hearing schedule on its own motion to obtain necessary reports, but a hearing may exceed 60 days from the original complaint only upon the stated findings.

The Court may, on its own Motion, extend the time for dispositional hearings to obtain sufficient reports concerning the juvenile's background, family history, and prior court records as is necessary to properly dispose of any matters before the Court. In no event shall a dispositional hearing be held at any time in excess of 60 days from the filing of an original Complaint with the Court, unless the Court finds that, in the interest of justice and in the best interest of the child, an exten- sion of the time for dispositional hearing is proper.

WARNING

The trial court has discretion whether to grant other requests to continue a scheduled trial.

The granting of any other request for continuance of a scheduled trial, is a matter within the discretion of the trial court.

WARNING

Only one extension may be granted without a hearing unless good cause is shown.

Only one (1) extension of time may be granted without a hearing, unless good cause is otherwise shown.

WARNING

A witness’s failure to appear is not grounds for continuing the case if the subpoena return was not filed as required.

The failure to appear as a witness for whom the return was not filed in accordance with this rule will not be grounds for a continuance of the case.

WARNING

A scheduled trial or hearing may not be continued solely because the out-of-state attorney is unavailable or inconvenienced.

The continuance of any scheduled trial or hearing date shall not be permitted solely because of the unavailability or inconvenience of the out-of-state attorney.

WARNING

Reasonable continuances may be granted in domestic violence and other domestic cases, but the cases may not be continued beyond three months from their original filing.

Reasonable continuances may be granted, but in no event will cases of this nature be continued beyond 3 months from the cate of their original filing.

WARNING

When counsel has another trial scheduled for the same date, the case set first has priority and must be tried on its assigned date.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned.

WARNING

The Court may continue a child-support enforcement or modification hearing for 14 days when the interests of justice require it, to allow additional information or support calculations.

If the interest of justice so requires, the Court may continue the matter set for hearing for a period of 14 cays to allow the parties to provide any additional information required by the Morgan County Child Support Enfo=cement Agency, or to allow calculations of support, pursuant to law.

WARNING

Criminal cases assigned for trial take priority over civil cases assigned for trial.

Criminal cases assigned for trial have priority over civil cases assigned for trial.