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

CRITICAL

An extension or continuance application or motion must be signed by the applicant or movant and their attorney, unless the attorney signs alone and certifies that it was sent to the client for review and approval before filing.

All applications or motions for extension of time to file or for continuance of a scheduled hearing or trial under this Rule must be signed by the applicant, movant and their attorney. Alternatively, the attorney may sign the application or motion alone if the attorney certifies that they have sent the application or motion to their client for review and approval before filing.

CRITICAL

If witness testimony or other critical evidence is unavailable, the Court may continue the case for a definite period on the prosecuting attorney’s motion, and the responsible judge must approve the continuance.

If the witness' testimony or other critical evidence is not available, the case may be continued by the Court on motion of the prosecuting attorney for a definite period of time and the continuance noted in the report of the Grand Jury. Continuances must be presented to and approved by the judge who is responsible for the Grand Jury for that term of court.

CRITICAL

A continuance motion based on a trial-assignment conflict will not be considered unless it includes a copy of the conflicting assignment and is filed at least 30 days before trial.

The Court will not consider any motion for continuance due to conflict of a trial assignment date unless a copy of the conflicting assignment is attached to the motion and the motion is filed not less than 30 days prior to trial.

CRITICAL

A motion to continue a hearing or trial, or to extend a filing deadline, must be filed at least five Court Days before the scheduled date.

A motion for a continuance of a hearing or trial or motions for extension of time to file must be filed at least five Court Days before the scheduled date to allow the Court adequate time to consider and rule on the application.

CRITICAL

A fiduciary may seek an extension under Rule 56.1 before or after a citation issues; an extension granted by the Court prevents noncompliance if the filing is made by the new due date, although applying after citation has financial consequences.

Fiduciaries may apply for an extension of time to file a required document in the manner provided in Rule 56.1 before issuance of a citation without consequence or after issuance of the citation with the financial consequences stated in this Rule. If the Court grants the extension, the Fiduciary and attorney will not be out of compliance as long as the filing is made by the new filing due date stated in the Court’s entry granting the extension.

CRITICAL

For a trial-date conflict involving counsel’s other trial assignment, the case set first has priority and will be tried on its assigned date, unless the rules provide otherwise.

Unless otherwise provided in these rules, when a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case that was first set for trial will have priority and will be tried on the date assigned.

CRITICAL

A citation-hearing continuance is granted only upon exceptional circumstances, and the application must be filed at least five court days before the hearing.

The Court will only grant a continuance of the citation hearing upon a showing of exceptional circumstances. An application for a continuance of the citation hearing must be filed at least five Court Days before the scheduled citation hearing.

CRITICAL

Each application for an extension of time must include a corresponding proposed entry.

All applications for extension of time must be accompanied by a corresponding proposed entry.

CRITICAL

Each party may obtain one extension of up to seven calendar days without showing reasonable cause; other extension motions must show reasonable cause.

Rule 56.2 describes the process for obtaining an extension of a filing deadline in litigation cases. The Court will grant a motion for extension, not to exceed seven Calendar Days, once to each party during the course of a case without the need to show reasonable cause. All other motions for extension must be supported by a showing of reasonable cause for the delay.

CRITICAL

A hearing-day continuance is allowed only for good cause that was unknown to the attorney or party before that day; consent does not change this requirement.

(E) No case will be continued on the day of the hearing, unless for good cause shown, which cause was not known to the attorney or party prior to the day of the hearing, notwithstanding all other counsel and parties’ consent to same.

CRITICAL

Continuances of scheduled mediations are granted only for good cause shown.

It is the policy of this Court to determine matters in a timely manner. Continuances of scheduled mediations shall be granted only for good cause shown

CRITICAL

An extension application filed after the due date will not be considered or granted unless exceptional circumstances prevented timely filing or Local Rule 77 applies.

The Court will not consider or grant an application for extension that is filed after the due date, absent of a clear showing of exceptional circumstances that prevented filing before the due date or as provided in Local Rule 77.

CRITICAL

Civil trials scheduled with magistrates are set with all counsel of record, and continuances will be granted only for emergencies.

All civil trials scheduled with the magistrates are dates ce11ain as they will be scheduled with all counsel of record. No continuances will be granted except for emergencies.

CRITICAL

The Court may extend the deadlines in Rule 7.5 upon written application and good cause; an extension request must be filed before the proposed filing is due.

The dates and time periods set forth under this rule may be extended by the Court upon written application and for good cause shown. A request for an extension must be filed prior to the date the proposed filing is due.

CRITICAL

For an extension beyond Loc.R. 9.1 or when the parties cannot agree, the requesting party must file a written motion with a good-cause affidavit by the existing deadline, serve both on opposing counsel, and separately submit a proposed judgment entry; consent does not excuse these requirements for an extension beyond Loc.R. 9.1.

Except as otherwise provided by these Local Rules, where a party needs additional time, beyond that provided in Loc.R. 9.1, or where the parties cannot agree upon an extension of time, the party desiring the extension must file a written motion, supported by an affidavit that demonstrates good cause for another extension. The motion and affidavit must be filed on or before the expiration of the time to move or plead. The motion and affidavit must be served upon opposing counsel. The motion and affidavit will be required even though consent of opposing counsel is obtained if the extension is for a period of time beyond that permitted by Loc.R. 9 .1. The moving party must submit separately a proposed judgment entry.

CRITICAL

A continuance or other extension request must be made by motion and accompanied by a proposed entry with blank spaces for the Court to complete if granted.

All requests for a continuance or other extension of time must be made by motion, accompanied by a proposed entry with blank spaces for the Court to complete if it grants the motion.

CRITICAL

A scheduled trial or hearing will not be continued solely because an out-of-state attorney is unavailable or inconvenienced.

The continuance of any scheduled trial or hearing date will not be permitted solely because of the unavailability ofor inconvenience to the out-of-state attorney.

CRITICAL

Failure to regularly gather and maintain information between account filings is not a sufficient reason to obtain an extension of the account due date.

Failing to gather and maintain the necessary information regularly between accounts is not a sufficient reason to obtain an extension of the account due date.

CRITICAL

The investigative administrator’s authority terminates on the earlier of the specified events, including 90 calendar days after appointment, and the Court will not grant extensions.

The authority of an investigative administrator under this Rule terminates automatically on the earlier of: (i) 90 Calendar Days after the date of the entry appointing the investigative administrator; or (ii) issuance of letters testamentary, letters of administration, entry releasing the estate from administration or order granting summary release from administration. The Court will not grant any extensions.

CRITICAL

A continuance may not be granted to permit the Respondent to file against the Petitioner.

No continuances will be granted to permit the Respondent to file against the Petitioner.

CRITICAL

An attorney may sign an extension application without the client’s signature if the attorney certifies the client’s approval; otherwise, the client must sign.

This Rule provides some flexibility to attorneys by allowing them to sign applications for extensions without their client’s signature, however, the attorney must certify to the Court that they have the client’s approval to do so. Otherwise, the application needs to be signed by the client, as the Rules of Superintendence require.

CRITICAL

A trial-continuance motion must be written, filed with the Clerk, and presented to the judge with a proposed judgment entry; it must state the reasons, prior continuances, opposing counsel’s position, the Defendant’s try-by date, and counsel’s available trial dates, and any granting order must state the continued trial date.

Any motion for continuance of a trial must be in writing and filed with the Clerk of Courts. A copy of the motion shall be presented to the judge's office with a proposed judgment entry containing language granting the continuance. The motion shall set forth: the reason(s) for the continuance, the number of previous continuances, whether opposing counsel consents to the continuance, the Defendant's try-by date, and the dates counsel are available for trial. Any order granting a continuance shall contain the date to which trial is continued.

CRITICAL

An extension application must be filed at least five Court Days before its actual due date.

An application for extension of time must be filed at least five Court Days before the actual due date to allow the Court adequate time to consider and rule on the application.

CRITICAL

A party seeking to continue mediation must move for a continuance and provide an alternative date confirmed with all parties and the mediation department.

If a continuance of mediation is necessary, the requesting party must file a motion with the court with a proposed order. The proposed order must contain an alternative date for the mediation, which is confirmed with all parties and the mediation depmtment. The requesting patty is responsible for establishing a conference call with the mediation department or other form of group communication to set a new mediation date.

CRITICAL

Before or at the first full hearing, the Court may allow either party a continuance to perfect service, obtain counsel, or for other good cause, with an existing ex parte order remaining effective until the reset hearing.

Prior to, or at the first full hearing in any Juvenile Civil Protection Order or Juvenile Domestic Violence Civil Protection Order case, the Court may provide an opportunity for either party to receive a continuance in order to perfect service upon the Respondent, in situations where the parties consent to a continuance, where a continuance is necessary to allow a party time to obtain counsel, and for other good cause shown, under the condition that an ex parte order then in effect shall remain in effect until the reset full hearing date.

CRITICAL

A continuance of a scheduled trial or hearing may not be granted solely because the out-of-state attorney is unavailable or inconvenienced.

The continuance of any scheduled trial or hearing date will not be permitted solely because of the unavailability of or inconvenience to the out-of-state attorney.

CRITICAL

A continuance for an unavailable expert or material witness requires a motion filed within ten days after hearing notice or the occurrence of a previously unknown extraordinary circumstance corroborated by a detailed affidavit.

(C) No continuance shall be granted for an evidentiary hearing due to the unavailability of an expert witness or material witness unless a motion for continuance is filed within ten (10) days of the party receiving the notice of hearing or the occurrence of an extraordinary circumstance, previously unknown to the parties, corroborated by a detailed affidavit explaining the extraordinary circumstances.

CRITICAL

Continuance requests must be submitted to the assigned judge, or to the administrative judge if the assigned judge is unavailable.

All preliminary matters, including requests for continuances, will be submitted for disposition to the judge to whom the case has been assigned or, if the assigned judge is unavailable, to the administrative judge.

CRITICAL

Requests to continue a scheduled trial, pretrial, status conference, hearing, or other court-ordered hearing must comply with the Rules of Superintendence.

The continuance of any scheduled trial, pretrial, status conference, hearing or other court ordered hearing shall be made in accordance with the Rules of Superintendence.

CRITICAL

A hearing, mediation, pretrial, trial, or other court appearance may not be removed from the schedule without a proper motion to continue and a signed journal entry.

No hearing, mediation, pretrial, trial or other court appearance will be removed from the schedule without proper motion to continue and signed journal entry.

CRITICAL

A motion for a continuance or extension must explain the reasonable cause and amount of time sought, and state adverse parties’ consent or explain efforts to obtain it and why it was unavailable.

A motion for a continuance or other extension of time must contain a clear and concise statement establishing reasonable cause for why additional time is needed and how much additional time is requested. The motion must also contain the consent of adverse parties or their attorneys, or a statement explaining the efforts to obtain the consent and why it could not be obtained.

CRITICAL

To extend an emergency guardianship beyond the initial 72-hour appointment, the guardian must apply for an extension with a hearing and notice as required by law; an extension may last no more than 30 calendar days, and further extensions require exceptional circumstances.

If the emergency guardian desires to extend the emergency guardianship beyond the initial 72 hour appointment period, he or she must apply to the Court for an extension, with a hearing and notice of the hearing as required by law. The maximum extension is 30 Calendar Days. The Court will not grant additional extensions, absent a showing of exceptional circumstances.

CRITICAL

The Court grants continuances of scheduled mediations only for reasonable cause after a mutually acceptable new date is determined; pending motions generally are not reasonable cause, and the mediation must be rescheduled before the final pretrial conference unless the Court authorizes otherwise.

It is this Court’s policy to resolve matters as expeditiously as possible. The Court will only grant continuances of scheduled mediations for reasonable cause shown after a mutually acceptable further date has been determined. Only the Court may grant a continuance. Except as authorized by the Court, the existence of pending motions is not reasonable cause for a continuance and the Court will not grant a continuance unless the mediation can be scheduled before the final pretrial conference.

CRITICAL

The adjudicatory hearing may be extended for good cause upon proper request.

For good cause shown, the adjudicatory hearing may be extended upon proper request.

CRITICAL

Estate administration may be extended beyond six months only if a circumstance listed in R.C. §2109.301(B)(1) applies.

In order to qualify for extending the estate administration beyond the six month period, one of the circumstances in R.C. §2109.301(B)(1) must apply.

CRITICAL

Criminal continuance motions must state the number and requesting party for prior continuances, opposing counsel’s consent, whether time is waived, the try-by date, and counsel’s and witnesses’ trial availability.

All motions to continue in criminal cases must include the number of previous continuances and who sought the continuances, whether opposing counsel consents, if time is waived or not, the try-by date, and dates counsel and witnesses are available for trial.

CRITICAL

An extension application filed after the scheduled date or due date will not be considered or granted absent a clear showing of exceptional circumstances that prevented earlier filing.

will not consider or grant an application for extension that is filed after the scheduled date or due date, absent of a clear showing of exceptional circumstances that prevented filing before the due date.

CRITICAL

A guardian may seek an education-course extension by filing an application before the deadline that explains qualifying circumstances; the extension may not exceed 60 days and does not alter later course deadlines.

A guardian may apply for an extension of time to complete the guardian fundamentals course or a continuing education course by filing an application for extension with the Court. The application for extension must be filed before the actual final due date of the required education. The application must state facts showing that the guardian has not been able to complete the education requirement within the required time due to significant and prolonged circumstances that are beyond the reasonable anticipation and control of the guardian. The maximum extension the Court will grant is 60 days. An extension does not change the deadline for completing later required education courses.

WARNING

A continuance may be granted only if mediation can be scheduled before the final pretrial; pending motions alone are not good cause, except as authorized by the Court.

The case may be continued by the judge or magistrate who referred the case. Except as authorized by the Court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.

WARNING

The trial judge may modify a case-schedule date, on a party's motion or sua sponte, for good cause and on just terms.

The trial judge, either on motion of a party or sua sponte, may modify any date in the case schedule for good cause and on terms as are just.

WARNING

The Court may grant a continuance if a party or counsel fails to meet the discovery deadline or comply with another order under this Rule.

(B) If a party or counsel fails to comply with either the discovery deadline or any other order issued pursuant to this Rule, the Court may grant a continuance, prohibit the person from introducing into evidence the material not disclosed, or enter any other such order the Court deems appropriate under the circumstances.

WARNING

A judge must decide the petition within 60 days after receiving all requested information unless the petitioner requests and is granted an extension.

Once all information requested has been received, a judge will decide whether to grant or deny the Petition within 60 days, unless Petitioner requests and is granted an extension of time.

WARNING

The presiding judge may grant jury-service excuses or postponements for good cause, and requests for excuses or deferrals must be made in writing or on the record.

(E) The Juvenile Court judge presiding over the trial has the discretion to grant excuses or postponements for good cause shown. Requests for excuses or deferrals shall be made in writing or otherwise made on the record.

WARNING

A hearing will not be delayed because a participant, attorney, or witness is absent unless a clear showing of exceptional circumstances justifies the delay.

The Court will not delay starting a hearing due to the absence of a participant, attorney or witness, unless there is a clear showing of exceptional circumstances that justify the delay.

WARNING

Criminal trial assignments take priority over civil trial assignments, and appellate proceedings take precedence over trial-court proceedings.

Criminal cases assigned for trial have priority over civil cases assigned for trial. Appellate proceedings take precedence over trial-court proceedings.

WARNING

A witness’s absence in connection with consideration of a motion is not a basis to continue the trial.

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

WARNING

By agreement of opposing counsel, a party may be permitted two leaves to plead, but the total extension may not exceed 60 days.

By agreement of opposing counsel, any party may be pennitted two leaves to plead, provided that the total extension of time does not exceed 60 days.

WARNING

A motion for continuance should be made as far in advance of the hearing date as practicable.

All motions for continuance shall be made as far in advance of hearing dates as practicable.

WARNING

The adjudicatory hearing may be extended pursuant to R.C. 2151.28.

An extension of time for the adjudicatory hearing may be made pursuant to R.C. 2151.28.

WARNING

An application for an extension beyond the initial extension must clearly and concisely establish exceptional circumstances warranting more time.

If additional time is necessary beyond an initial extension, the application for any additional extensions must contain a clear and concise statement establishing exceptional circumstances for why additional time is needed.