Morgan County Court, Ohio Adjournment & Extension Requirements

CRITICAL

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.

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

4. Continuances: 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 continuance request must be made by written motion unless made on the record in open court, and must state the date from which the continuance is requested and the reasons; the judge retains discretion to grant or deny it.

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. This rule does not restrict the judge's exercise of discretion in granting or denying continuance.

CRITICAL

A continuance granted at a defendant's request does not extend the time to file a jury demand.

The granti ng of a conti nuance at a defenda nt's request will not extend the time for fi ling a jury demand .

CRITICAL

When counsel has a trial conflict on 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 trial court has discretion to grant or deny 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

A witness’s failure to appear when the subpoena return was not filed as required is not grounds for a continuance.

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.