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

CRITICAL

The Court may extend the report-filing deadline for good cause shown upon a written request that states the reasons for the extension.

Any written report shall be filed within the time required by Rule 48 of the Rules of Superintendence, unless the guardian ad litem submits a written request for an extension of time and states the reasons for such request. For good cause shown upon such written request, the Court may extend the time for filing the written report.

CRITICAL

A continuance to obtain the records will not be granted for noncompliance unless good cause is shown.

No continuance of the hearing will be granted to obtain such records if there has been a failure to comply with this rule, unless good cause is shown for such failure.

CRITICAL

No extension may be granted for filing a Motion to Set Aside.

No extension of time to file a Motion to Set Aside will be granted.

CRITICAL

A party seeking an extension beyond the agreed period or without agreement must file a written motion and memorandum showing practical impossibility of pleading within the rule and good cause.

Where an additional extension of time beyond that provided herein is needed or where the parties cannot agree upon an extension of time, the party desiring the extension shall file a written motion supported by memorandum stating facts indicating the practical impossibility of pleading within rule and demonstrating good cause for further extension.

CRITICAL

A continuance motion must include a written memorandum stating the reasons; if the reason is a conflict with another court case, it must include that case's Notice of Hearing.

(A) Motions for Continuance shall contain a written Memorandum in Support stating reasons for the continuance. If the reason is a conflict with another case being heard in another Court, a copy of the Notice of Hearing of the other case shall be attached to the Motion.

CRITICAL

A continuance on the day of trial or hearing is allowed only for good cause that was not known to the party or counsel, and counsel cannot waive this rule by consent.

(C) No case will be continued on the day of trial or hearing except for good cause shown, which cause was not known to the party or counsel. This Rule may not be waived by consent of counsel.

CRITICAL

No extension may be granted for filing objections within the initial 14-day period.

No extension of time shall be granted for filing objections within the initial fourteen (14) day period.

CRITICAL

A continuance motion submitted within seven days of trial or hearing will be automatically denied unless extraordinary circumstances are shown.

Unless extraordinary circumstances are shown to exist, motions for continuance submitted within seven days of the trial/hearing will be automatically denied.

CRITICAL

The parties’ agreement to a continuance does not guarantee approval; Court approval is required for the continuance to be granted.

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

CRITICAL

If an incarcerated defendant is granted a continuance and waives speedy-trial rights, the defendant's signature must be obtained.

If the defendant is incarcerated at the time a continuance is granted, the defendant's signature is to be obtained if there is a waiver of speedy trial rights.

CRITICAL

An extension of an App.R. 18 filing deadline requires the judge’s grant after notice to opposing counsel or the party.

Where the time for filing is not fixed by statute, the Ohio Rules of Appellate Procedure shall apply. Documents shall be filed within the times indicated by App.R. 18 unless an extension is granted by the judge after notice to opposing counsel or party.

CRITICAL

Continuance requests must state when the need arose, the reasons, when other attorneys and guardians ad litem were contacted and whether they agree, and the earliest date all parties can proceed.

(B) All requests for continuances shall contain the following information: 1. The date on which the need for the continuance arose; 2. The reasons for requesting the continuance; 3. The date on which all other attorneys of record and guardians ad litem on the case were contacted, and whether these attorneys and guardians agree on the need for a continuance; and 4. The earliest date that all parties will be ready to proceed.

CRITICAL

An extension of a statutory filing deadline requires the judge’s grant after notice to opposing counsel or the party.

Where the time for filing is fixed by statute, documents shall be filed within such time unless an extension is granted by the judge after notice to opposing counsel or party.

CRITICAL

A continuance motion must state its reasons, prior continuances, opposing counsel’s position, and the existing trial or hearing date, and must attach the other court’s notice if the request is based on a hearing conflict.

Each motion shall set forth the following: (1) the specific reasons for a continuance; (2) if a conflict with another court hearing, a copy of the other court’s notice must be attached; (3) the number of prior continuances (Note: if there has been more than two prior requests for a continuance, the motion must also be signed and authorized by the client); (4) an averment that counsel has contacted opposing counsel and has obtained either approval or disapproval; (5) the date of existing trial/hearing.

CRITICAL

A request for additional time to provide the settlement entry must be written and state the reasons for the delay.

Any request for additional time to provide the entry shall be made in writing setting forth the reason(s) for the delay.

CRITICAL

Continuance applications for hearings, pre-trials, and trials must be submitted at least seven days before the scheduled event, except in an emergency or when the Court deems cause sufficient.

(B) All applications for continuances of hearings, pre-trials, and trials shall be submitted to the Court at least seven (7) days prior to the scheduled date for the event sought to be continued, absent emergency or cause deemed sufficient by the Court.

CRITICAL

A motion to continue must be written, signed by the Prosecuting Attorney and defense counsel, and state specific reasons.

Any motion to continue a case shall be in writing, signed by the Prosecuting Attorney and counsel for defendant, with specific reasons set forth.

CRITICAL

A continuance motion must be written, state the reason, and note counsel’s consultation or attempted consultation with opposing counsel.

A motion for a continuance must be made in writing setting forth the reason for the continuance. Counsel requesting the continuance shall note in the motion that counsel consulted or attempted to consult with opposing counsel concerning the continuance;

CRITICAL

The Court may grant an account-filing extension of up to six months beyond the thirteenth-month period; further extensions require an application, the fiduciary’s personal appearance at a hearing, and good cause.

An extension to file an account may be granted by the Court for an additional period not to exceed six (6) months beyond the thirteenth (13th) month period set forth in Revised Code Section 2109.301(B)(4). Any additional extensions thereafter may only be issued upon application and personal appearance by the fiduciary at a hearing on such application and for good cause shown.

CRITICAL

Continuance or advancement requests must be submitted in writing as early as possible, at least three working days before trial or hearing, with a proposed new date, and notice must be given to other counsel or unrepresented parties.

(A) Requests for continuances or advancements will be made in accordance with Supreme Court of Ohio Superintendence Rule 7 and Ohio Rules of Juvenile Procedure Rules 19 and 23. All requests for continuances or advancements shall be submitted to the Judge or Magistrate in writing at the earliest time possible, at least three (3) working days before the day of trial or hearing with a proposed new date intended. The applicant for the request must give notice of such request to all other counsel or parties if not represented by counsel.

WARNING

The absence of a witness relevant to a motion is not a ground for continuing the trial.

The absence of a witness pertinent to consideration of a motion will not be cause for continuance of the trial.

WARNING

The Court may, in its discretion, extend the time to file supplemental objections by no more than 14 days from transcript completion.

The time to file supplemental objections may be extended, at the discretion of the Court, for up to but not more than a total of fourteen (14) days from the date the transcript is completed.

WARNING

The Court may, in its discretion, extend the opposition brief deadline by no more than 14 days from the filing of the objections or supplemental objections.

The time to file a brief in opposition to objections or supplemental objections may be extended, at the discretion of the Court, but not more than a total of fourteen (14) days from the date the objections or supplemental objections were filed.

WARNING

The Court may waive the continuance requirements for cause.

(F) The Court may waive these requirements for cause.

WARNING

Attorneys must make reasonable efforts to have a contested continuance request heard before the hearing date.

(D) Attorneys shall make reasonable efforts to have a contested request for continuance heard prior to the hearing date.

WARNING

A continuance may be denied regardless of its basis if counsel fails to contact opposing counsel, including counsel identifiable through minimal effort or knowledge.

Where counsel fails to contact opposing counsel, the continuance may be denied irrespective of the basis for the request. Opposing counsel in this instance includes counsel where minimal effort or knowledge would have identified the attorney representing the opposing party.

WARNING

After receiving a Scheduling Order without a scheduling conference or pretrial, parties have reasonable time to notify the assignment commissioner of conflicts, and rescheduling will be coordinated with the commissioner and all parties.

If the parties have received a Scheduling Order without participating in a scheduling conference or pretrial, the parties will receive reasonable time in which to notify the assignment commissioner of any conflict. The matter will then be rescheduled with the assignment commissioner and all parties involved.

WARNING

When a party or counsel fails to comply with an order under this Rule, the court may grant a continuance.

If at any time during the course of the proceedings, it is brought to the attention of the court that PCJFS, the parties, or counsel for the parties has failed to comply with an order issued pursuant to this Rule, the court may grant a continuance; prohibit the introduction into evidence the material not properly provided in discovery; or enter such other order as it deems just under the circumstances.

WARNING

Counsel may agree to an extension for moving or pleading, provided the total extension does not exceed 30 days.

By agreement of counsel, any party may be permitted to move or plead provided the total extension of time does not exceed thirty (30) days.

WARNING

Postponement is preferred to excusal, and prospective jurors may request a temporary postponement for temporary conditions unless the original summons bars rescheduling.

NOTE TO THE PHYSICIAN: Postponing jury service is preferred to excusing a prospective juror. Unless the original summons states that the service cannot be rescheduled, prospective jurors may request a temporary postponement of the jury service for circumstances such as pregnancy, broken bones, surgery, recovery or other temporary conditions.

WARNING

The Court may grant one 14-day extension to file a Praecipe for good cause shown.

One fourteen (14) day extension of time to file a Praecipe may be granted by the Court for good cause shown.

INFO

If a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.

In the event a continuance is granted, the Court may, at its discretion, assess costs and expenses against the moving party.