Noble County Court of Common Pleas, Ohio Adjournment & Extension Requirements
9 rules from official source documents
Requirements for requesting adjournments, extensions, and continuances.
CRITICAL
When an extension beyond Rule 13.01 is needed or the parties cannot agree, the requesting party must file a written motion supported by an affidavit showing the practical impossibility of pleading within the rule and good cause, serve both on opposing counsel, and attend a hearing set by the Judge.
13.02 Where an additional extension of time beyond that provided by paragraph 13.01 is needed or where the parties cannot agree upon an extension of time, the party desiring the extension shall fille a written motion supported by an affidavit stating facts Indicating the practical impossibility of pleading within rule and demonstrating good cause for further extension. The motion and affidavit shall be served upon opposing counsel and the matter shall be heard at a time to be fixed by the Judge.
CRITICAL
Even if counsel consent, an extension beyond the period permitted by Rule 13.01 still requires the written motion and affidavit.
The motion and affidavit will be required even though consent of counsel is obtained if the extension Is for a perlod of time beyond that-permitted by paragraph 13.01 hereof.
CRITICAL
By agreement of counsel, a party may receive two leaves to move or plead, provided the total extension does not exceed 45 days; proper consent to plead signed by all counsel must be filed with the Clerk, and agreed extensions need not be submitted for court approval.
13.01 By agreement of counsel any party may be permitted two (2) leaves to move or plead provided the total extension of time does not exceed forty five (45) days. Such consent shall be evidenced by a consent to plead signed by all counsel and filed with the Clerk. Neither these forms nor entries shall be submitted to the court for approval where consent to plead is proper and is obtained, but agreed extensions must be filed.
CRITICAL
A continuance request must be filed and served at least fourteen days before the arbitration hearing, except in extreme emergencies or when all parties and the Chairman agree to a continuance date, which must be included.
25.06 Continuance. When the case has been scheduled for arbitration, a request for continuance of an arbitration hearing date shall be filed and served at least fourteen (14) days before the hearing date, except in extreme emergencies or unless agreed to by all parties as well as the Chairman of the Board of Arbitrators, including the agreed date to which the hearing is continued.
CRITICAL
After a firm trial date is set, continuances are not granted for convenience, witness or evidence problems, or conflicting court assignments unless the stated good-cause or interests-of-justice exception applies.
When a firm trial date has been set by the Court, continuances will not be granted for the convenience of any attorney or party, or by reason of any inability to obtain certain witnesses or delay in obtaining exhibits or other evidence. A continuance will not be granted for conflict by reason of assignments of one counsel or other in another court except for good cause shown where the attorney can prove that sald attorney had no way of knowing of the conflict sufficiently in advance of the trial date to obtain substitute counsel him in the trial of the case assigned, or for other good cause shown in which the Court belleves in the interest of justice the trial must be continued.
CRITICAL
An extension of a filing deadline fixed by statute or Supreme Court Rule must be granted in writing by the Court after notice to opposing counsel or the party.
Where the time for filing bills of exceptions, assignments of errors, and briefs are fixed by statute or by Rule of Supreme Court, they shall be filed within such time or extension thereof as may be granted in writing by the Court after notice to opposing counsel or party.
CRITICAL
The Judge may grant an extension by entry for good cause shown after notice to all parties.
Extensions of time may be granted by entry by the Judge for good cause shown after notice to all parties.
CRITICAL
The eight-month hearing-scheduling period may be extended by filing a motion showing good cause.
The elght (8) month perlod may be extended by the filing of a motion showing good cause.
WARNING
The Court may extend the deadline for pretrial motions in the interests of justice.
The Court, in the interests of justice, may extend the time for making any pretrial motions.
How do I request an adjournment or extension in Noble County Court of Common Pleas, Ohio?
Judge Kelly A. Riddle: The request must include reason for request. When an extension beyond Rule 13.01 is needed or the parties cannot agree, the requesting party must file a written motion supported by an affidavit showing the practical impossibility of pleading within the rule and good cause, serve both on opposing counsel, and attend a hearing set by the Judge.
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