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

CRITICAL

A party may file a written, signed Motion to Continue with the Clerk of Court; it must set forth good cause, and the court will not grant it without a showing of good cause, though the case track may be shortened or lengthened based on the circumstances.

In any case, any party may file a “Motion to Continue” with the Clerk of Court. The Motion shall be in writing, signed by the attorney or pro se litigant, setting forth good cause for continuing the Trial Assignment Date. A modification may make the track shorter or longer based on the circumstances of a particular case. The motion will not be granted unless it is supported by a showing of good cause.

CRITICAL

The parties’ agreement to a continuance is ineffective without court approval.

Agreements of the parties to a continuance without the approval of the Court will not be honored.

CRITICAL

If a continuance is requested because counsel is engaged in another court on the assigned trial date, the motion must be filed upon receipt of the assignment notice.

D. Where a continuance of a case is requested on the ground that an attorney in the case is already engaged in another Court of record on the date assigned for trial, the Motion for Continuance shall be filed upon receipt of notice of assignment.

CRITICAL

A continuance application must be made by written motion to the presiding Judge or Magistrate at least seven days before trial or hearing, after notice to opposing counsel and the Guardian ad Litem; same-day continuances require good cause and diligence, and counsel must notify or diligently try to notify all parties as soon as the need arises. Consent cannot waive the rule.

8.2 All applications for continuances or advancements shall be made to the presiding Judge or Magistrate by written Motion and, except as hereinafter provided, such application must be made seven (7) days before the day of trial or hearing and after notice to opposing counsel and the Guardian ad Litem. No case will be continued on the day of trial or hearing except for good cause shown. The cause shown must include that it was not known to counsel prior to the day of trial and that counsel has used diligence to be ready for trial. Counsel must have notified, or made diligent effort to notify all parties as soon as he/she became aware of the necessity to ask for a postponement. This rule cannot be waived by consent of counsel. Cases will be continued when counsel is actually engaged in trial in another court provided such counsel notifies the Judge or Magistrate of being so engaged.

CRITICAL

A case will be continued when counsel is actually engaged in trial in another court, provided counsel notifies the Judge or Magistrate.

Cases will be continued when counsel is actually engaged in trial in another court provided such counsel notifies the Judge or Magistrate of being so engaged.

CRITICAL

Written and oral continuance requests must be ruled upon and noted on the docket within 48 hours after presentation to the Court.

8.4 All requests for continuances, whether written or oral, shall be ruled upon and noted on the case docket sheet by the presiding Judge or Magistrate within 48 hours of presentation to the Court.

CRITICAL

After a case is set for trial, a continuance motion must be written and state its reason, except in an emergency or by court order.

A. Except in cases of emergency or by order of the Court, a Motion for Continuance of a case after it has been set for trial must be in writing and set forth the reason for the continuance.

CRITICAL

A continuance request must be filed in writing; the requesting party must notify opposing counsel and, if possible, obtain consent and approval before filing the motion.

Any request for a continuance must be filed in writing. The party requesting the continuance must notify the opposing counsel and if possible obtain their consent and approval prior to filing the motion for continuance.

CRITICAL

The final-account deadline may be extended to thirteen months by motion stating the reason for the extension.

This time may be extended to thirteen months by filing a motion to extend giving the reason.

CRITICAL

A motion to continue the Trial Assignment date must show good cause; the track may be shortened or lengthened based on the case circumstances.

attorney and/or pro se litigant, setting forth good cause for continuing the Trial Assignment date. A modification may make the track shorter or longer based on the circumstances of a particular case. The motion will not be granted unless it is supported by a showing of good cause.

CRITICAL

An extension of time for pleading requires opposing counsel’s permission unless extenuating circumstances are reflected.

No extension of time for pleading will be approved without permission of opposing counsel unless extenuating circumstances are reflected.

CRITICAL

A continuance based on an absent witness may be granted only upon a showing of due diligence and an affidavit stating the expected testimony; the application will not be sustained if the testimony is immaterial or both parties consent to reading the affidavit into evidence.

B. A continuance of a case may be granted on the ground of the inability to procure the testimony of an absent witness when it is made to appear that due diligence was used to procure such testimony. To obtain a continuance on this ground the party making the application must support the same by affidavit stating therein what he expects to prove by such witness. If the Court finds the testimony so set forth to be immaterial or if both parties consent to the reading of the affidavit into evidence, the application will not be sustained and the case will proceed to trial.

CRITICAL

A fiduciary who meets the statutory requirements for extended administration must file a notice to extend the filing deadlines.

When meeting the requirements for an extended administration, as stated in Ohio R.C. 2109.301 (B) (1) (a-f) the fiduciary shall file a notice to extend the filing deadlines (13.10/13.8).

WARNING

A continuance may be granted upon a showing of good cause.

Continuances may be granted upon showing of good cause.

WARNING

Any party may file a motion to continue the trial assignment date with the Clerk of Court.

In any case, any party may file a “Motion to Continue the Trial Assignment Date” with the Clerk of Court.

WARNING

For an extension beyond 28 days or when the parties cannot agree, a party not in default may seek court leave for an extension of time fixed by the Court.

Where an extension of time beyond twenty-eight (28) days is required or where the parties cannot agree upon an extension for time, a party not in default for a pleading or motion may obtain leave to have the time extended for filing any pleading or motion, for such time as may be fixed by the Court.

WARNING

Continuances may be granted upon a showing of good cause and if filed in conformity with Local Rule 8.

5. Continuances may be granted upon showing of good cause and if filed in conformity with Local Rule 8.

WARNING

A continuance may be granted upon a showing of good cause and compliance with Local Rule 8.

Continuances may be granted upon showing of good cause and if filed in conformity with Local Rule 8.

WARNING

The Trial Judge may change the Trial Assignment Date on reasonable notice to all counsel and parties.

The Trial Judge, sua sponte, may change the Trial Assignment Date, on reasonable notice to all counsel and parties.

WARNING

f. Continuances may be granted upon showing of good cause; however, continuances should be for no longer than the period necessary to resolve the good cause and in conformity with Local Rule 8.

f. Continuances may be granted upon showing of good cause; however, continuances should be for no longer than the period necessary to resolve the good cause and in conformity with Local Rule 8.

WARNING

The presiding juvenile court judge may grant a juror excuse or postponement for good cause.

The juvenile court judge presiding over the trial has the discretion to grant excuses or postponements for good cause shown.

WARNING

Counsel may agree to an extension of up to 28 days, but the written consent must be signed by all counsel of record, filed with the Clerk, and submitted to the Court for approval.

By agreement of counsel additional time to move or plead may be granted to a party if the total extension of such time does not exceed 28 days. Such consent shall be filed with the Clerk in writing and be signed by all counsel of record and must be submitted to the Court for approval.

WARNING

Motions for continuances must comply with Ohio Sup. R. 41.

8.1 Motions for continuances shall be made in accordance with the Rules of Superintendence for the Courts of Ohio (Sup. R. 41), effective July 1, 1997.

WARNING

Continuances may be granted upon a showing of good cause and in conformity with Local Rule 8.

e. Continuances may be granted upon showing of good cause and in conformity with Local Rule 8.