Oakwood Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

Continuance motions must be written, briefly state the reasons, and be made with reasonable notice or the other side’s consent; the Court may grant them for good cause, and an undecided motion is denied as of the hearing date.

All motions for continuances shall be submitted to the Court in writing and shall include a brief statement setting forth the reasons requiring the continuance. No continuance shall be granted without reasonable notice or consent of the other party (s) or their counsel. Motions for continuance, when submitted in accordance with the above, will be granted in the discretion of the Court, for good cause shown. A continuance that has not been ruled on by the date of the hearing shall be considered denied.

CRITICAL

In civil and criminal cases, parties or counsel must make diligent efforts to notify witnesses of scheduled dates and promptly move to continue if a witness is unavailable.

Although the Court will attempt to schedule trials and hearings to accommodate counsel and witnesses, it is the primary responsibility of the party or counsel to make diligent efforts to notify the witness, including police officers, building inspectors, or other city employees of the scheduled date, and to promptly file a motion to continue if a witness is not available.

CRITICAL

Except in actions for forcible entry and detainer or in replevin, when a party in any case is not prepared to move or plead on the answer day, one (1) extension of time may be obtained upon application to the Court for a period not exceeding thirty (30) days. Notice by the moving party shall be served on the opposing party or counsel, as applicable, and whenever possible, obtain consent of the opposing party or counsel. Any leave to move or plead thereafter may be had only with the approval of the Court, with notice to opposing party or counsel, and for good cause shown. Consent of opposing party or counsel shall not, in and of itself, constitute good cause. Applications for extensions of time, regardless of consent of opposing counsel, must be filed at least one (1) day prior to the due date.

Except in actions for forcible entry and detainer or in replevin, when a party in any case is not prepared to move or plead on the answer day, one (1) extension of time may be obtained upon application to the Court for a period not exceeding thirty (30) days. Notice by the moving party shall be served on the opposing party or counsel, as applicable, and whenever possible, obtain consent of the opposing party or counsel. Any leave to move or plead thereafter may be had only with the approval of the Court, with notice to opposing party or counsel, and for good cause shown. Consent of opposing party or counsel shall not, in and of itself, constitute good cause. Applications for extensions of time, regardless of consent of opposing counsel, must be filed at least one (1) day prior to the due date.

CRITICAL

A continuance in a replevin action will be granted only by Court order and written stipulation of all parties.

(A) Actions for replevin shall be set for hearing in accordance with the provisions of ORC Chapter 2737. No continuance will be granted unless by order of Court and written stipulation of all parties.

CRITICAL

A continuance requires a timely written motion and good cause; if filed within two days of the trial or hearing, the moving party must first confer with the opposing side and explain why it could not have filed earlier.

No case assigned for trial or hearing may be continued except on written motion and for good cause shown. The motion shall be timely filed with the Court. In the event the motion is filed within two (2) days of the trial or hearing, the moving party is required to first discuss the continuance with all opposing counsel, or opposing parties if there is no counsel, and state specifically why the motion could not have been filed prior to the two (2) day time limit.

WARNING

In traffic and criminal cases, a continuance request may be submitted to the Clerk by letter.

The Clerks also may receive requests by letter in traffic and criminal cases regarding continuance, reinstatement of driving privileges, and other similar proceedings.

WARNING

After notice of settlement in a civil case, the Court may, in its discretion, continue a pretrial conference.

Upon notice of settlement of any civil case, including cases on the small claims or forcible entry and detainer docket, the Court may, in its discretion, continue a pretrial conference.

WARNING

Unless the Court orders otherwise, notice of settlement is not grounds to continue a trial or other evidentiary hearing.

Unless otherwise ordered by the Court, a notice of settlement is not grounds to continue a trial or other evidentiary hearing.