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

WARNING

The Court recommends requesting extensions before the due date and indicates it is more likely to deny late requests or requests resulting from inattention or lack of diligence.

The essence of this Rule is to be proactive, not reactive. Manage your case in a manner that allows you to know when your filings are due and to anticipate when it is unlikely that you will be able to complete the required work by that deadline. If you request the extension before the due date, the Court will be more likely to grant the additional time you need. However, if you request the extension after the due date, the Court will likely deny your request. The Court is not inclined to grant extensions if it appears that the need for additional time is due to inattention or lack of diligence in pursuing the case.

WARNING

Filing a motion to continue does not itself continue the matter.

The filing of a motion to continue does not mean that the matter will be continued.

WARNING

The dispositional hearing may be extended pursuant to R.C. 2151.35(B)(1).

An extension of time for the dispositional hearing may be made pursuant to R.C. 2151.35(B)(1).

WARNING

In litigation matters, continuances must have a legitimate reason and not be sought merely to delay; the Court recommends requesting extensions before the due date.

In litigation matters, motions for a continuance also must be for legitimate reasons and not merely for the purpose of delay. As in non-litigation matters, you need to be proactive and request the extension before the due date. Otherwise, the Court will be more likely to deny the motion.

WARNING

Requested extensions must be reasonable; generally, an initial extension may be up to 60 Calendar Days and a second extension up to 30 Calendar Days, with possible exceptions for truly unusual and complex circumstances.

The length of additional time requested in an application must be reasonable under the circumstances. Generally, the maximum extension time the Court permits on an initial application is 60 Calendar Days. The maximum extension time the Court permits on a second extension is 30 Calendar Days. The Court may make exceptions to these general time limitations in situations involving truly unusual and complex circumstances.

WARNING

The Court may grant a continuance or extension before an opposition is due if it is reasonable and nonprejudicial, and may deny it if unreasonable, unnecessary, or prejudicial.

Notwithstanding Rule 78.10(C), the Court may grant a motion for a continuance or other extension of time before a response in opposition is otherwise due if the Court finds that the motion is reasonable and would not prejudice the adverse parties. The Court may also deny a motion for a continuance or other extension of time if the Court finds that the motion is unreasonable, unnecessary or otherwise would prejudice an adverse party.

WARNING

An initial extension application must clearly and concisely establish reasonable cause for needing more time.

An initial application for extension of time must contain a clear and concise statement establishing reasonable cause for why additional time is needed.

WARNING

For good cause, the Court Reporter may request an extension of time to complete the transcript.

For good cause shown, the Court Reporter may request an extension of time to complete the transcript.

WARNING

The Court will allow and consider late account exceptions unless the fiduciary proves that the person filing them received hearing notice.

If a person files exceptions to the account after the time permitted in R.C. §2109.33, the Court will allow further time for filing the exceptions and will consider the exceptions, unless the Fiduciary can prove that the person filing the exceptions received notice of the hearing.

WARNING

A Fiduciary may request an extension under Rule 56.1 after the grace period, but no later than the Monday cutoff before the citation hearing.

The Fiduciary may file an application for extension of time to file the overdue document under Rule 56.1 after the grace period, but no later than the close of business on the Monday before the citation hearing date.

WARNING

The Judge may extend the GAL’s response time upon request.

The Judge may grant an extension of the response time to the GAL upon request.

WARNING

A party may request an extension of time to file a memorandum for good cause shown.

For good cause shown, a party may file for an extension of time to file a memorandum.

INFO

If the estate does not qualify for extended administration under R.C. §2109.301(B)(1), the fiduciary may instead seek an extension of time to file the final and distributive account under Rule 56.1.

If the circumstances of the estate do not qualify to extend the administration under any of the criteria in R.C. §2109.301(B)(1), the Fiduciary may in the alternative apply for an extension of time to file the final and distributive account. Rule 56.1 governs the process for obtaining extensions of time to file.

INFO

A Fiduciary may request an extension of time under Rule 56.1 during the grace period.

The Fiduciary may file an application for extension of time to file the overdue document under Rule 56.1 during the grace period.

INFO

The Judge may extend the Mediator’s response time upon request.

The Judge may grant an extension of the response time to the Mediator upon request.