New Philadelphia Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

A continuance requires a written motion showing good cause, filed at least seven calendar days before trial or hearing; an attorney’s motion must include a proposed entry, but the deadline may be waived for an unforeseen emergency.

No case scheduled for trial, or hearing may be continued except on written motion and for good cause shown. Such motion shall be filed with the Court not less than seven (7) calendar days prior to the trial or hearing. In the event such continuance is filed by an attorney, a proposed entry MUST accompany the motion. In the case of unforeseen emergency, this time requirement may be waived.

CRITICAL

A continuance requires a written motion and good cause, ordinarily filed at least seven days before trial or hearing; the deadline may be waived for an unforeseen emergency, the moving party must state whether the other side has no objection, and consent does not ensure a continuance. A conflicting trial notice must be attached when that is the asserted reason.

No case assigned for trial or hearing may be continued except upon written motion and for good cause shown. Such motion shall be filed with the Court not less than seven (7) days prior to the date of the trial or hearing. In the case of unforeseen emergency, this time requirement may be waived. The moving party shall indicate to the Court if opposing counsel/party has no objection to the continuance. Agreement of opposing counsel/party does not guarantee that a continuance will be granted. If counsel is alleging a conflicting trial date as the reason for continuance, the conflicting trial notice MUST be attached to the notice. Failure to attach a copy of the conflicting hearing shall result in a denial of said motion to continue.

CRITICAL

A continuance may not exceed eight days unless the plaintiff applies and the defendant consents, or the defendant applies and provides a court-approved bond meeting the stated conditions.

A continuance may be granted as provided in Ohio Revised Code § 1923.08 which reads: “No continuance in an action under this chapter shall be granted for a period longer than eight (8) days, unless the plaintiff applies for the continuance and the defendant consents to it, or unless the defendant applies for the continuance and gives a bond to the plaintiff, with good and sufficient surety, that is approved by the court and conditioned for the payment of rent that may accrue, if judgment is rendered against the defendant.”

CRITICAL

A Court-ordered schedule may be amended only by order of the Court.

The schedule ordered by the Court may not be amended except by order of Court.

WARNING

A defendant may request a reasonable initial-arraignment continuance by written motion or in court at arraignment; the court may deny it if there is no time waiver.

F. Request for Continuance: Defendant may request a reasonable continuance of initial arraignment by filing a written motion or defendant may appear in Court at arraignment to request a continuance. Supporting documentation shall be attached to any motions to continue the hearing date. The Court may deny the continuance if there is no time waiver.