Sandusky Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A motion for continuance and proof of service of a copy on opposing counsel must be filed at least 14 days before trial.
- A continuance motion may be set for hearing before trial, with notice of the hearing time to opposing counsel; a case will not be continued on the trial date absent previously unknown good cause and counsel’s diligence in preparing for trial and notifying the opponent, and every continuance must be to a date certain.
- Except in forcible-entry-and-detainer or replevin actions, one extension of up to 30 days may be obtained by application to the court without notice; later leave requires court approval, notice to the opposing party or counsel, and good cause, which opposing counsel’s consent alone does not establish.
- An application to continue the pretrial conference must be addressed to the judge assigned to the case.
- +2 more
Request must include
Document Format Requirements2 rules
All cases shall be tried by the court unless a jury trial has been demanded in wri ng pursuant to the appropriate statutes and Rules of Civil and Criminal Procedure.
Foreign forms used for Proceedings in Aid must be neatly and appropriately altered to show the Garnishee the required mandate and order, or the Clerk will return them.
Court's wording
When u lizing foreign forms provided by the Courts for the purpose of Proceedings in Aid, unless the foreign forms are neatly and appropriately altered to indicate to the Garnishee the required mandate and order, said foreign forms will be returned to the counsel by the Clerk with a copy of this Court rule.
Document Filing Requirements40 rules
All mo ons shall be made in wri ng and accompanied by a wri en memorandum containing the arguments suppor ng the mo on.
If rejected, counsel so rejec ng shall, within twenty-four (24) hours a er rejec on, prepare an entry to the Court’s sa sfac on, duly no ng excep ons, and le the same with the Clerk.
Every nal order made by a Judge shall be evidenced by a judgment entry, which shall be signed by the Judge.
(P) All mo ons for con nuance shall be made in wri ng and proof of service upon opposing counsel of a copy of such mo ons shall be led not less than fourteen (14) days before the trial date.
(Q) The grounds for con nuance must be stated in such mo on.
(N) All mo ons shall be accompanied by a brief or a memorandum of authori es in support of said mo on. In default thereof, such mo ons may be stricken from the les.
(O) Mo ons to advance cases out of numerical order must be accompanied by a davit showing meritorious grounds for such advancement.
(C Any mo on or excep on to be heard upon the evidence shall so state and shall be accompanied by requisite a davits.
Counsel filing a motion or exception must file a memorandum briefly stating the points relied on and supporting authorities.
Court's wording
(A) Counsel ling any mo on or excep on shall le therewith a memorandum containing a short, concise statement of the points relied upon and the authori es suppor ng such conten ons and a true copy of it shall be served forthwith upon each opposing counsel and each party not represented by counsel.
(F) All pleading and briefs containing references to statutes or regula ons shall have a ached thereto a copy of the statute or regula on.
If the mo ons require the considera on of facts not appearing of record, he shall also serve and le copies of all a davits, deposi ons, photographs or documentary evidence he desires to present in support of the mo on.
(B) The moving party shall serve and le with his mo ons a brief wri en statement of reasons in support of the mo on with suppor ng cita ons of the authori es on which he relies.
(E) Objec ons to interrogatories shall include, immediately preceding any discussion and cita on of authority, the interrogatory in full to which objec on is made.
(C) Each party opposing the mo on may serve and le within fourteen (14) days a er ling of the mo on, a brief wri en statement of reasons in opposi on to the mo on suppor ng cita ons of the authori es on which he relies.
The judgment entry shall state which party will pay the court costs.
When a request for nding of fact and conclusions of law is made, the judge shall direct the party making the wri en request to prepare, within ve (5) days, proposed nding of fact and conclusions of law and submit them to the opposing counsel.
(D) All par es desiring speci c jury instruc ons shall, at least seven days prior to trial, le the proposed jury instruc ons with the court and serve the same upon opposing counsel.
All request for the con nuance of a trial must be by wri en mo on which complies with Civil Rules.
le a s pula on of dismissal or other proper entry
A copy of the fifteen-day demand must accompany the required return receipt or certificate of mailing for Proceedings in Aid.
Court's wording
Unless a cer ed return receipt, United States Post O ce Form PS 3811 is received or a properly completed and stamped cer cate of mailing is received, and with a copy of the een (15) day demand, the Proceedings in Aid shall be returned to the party ling the same.
A trusteeship application must contain a complete statement under oath identifying specified creditors, earnings and household information, and the person and date of a demand.
Court's wording
(A) An applica on by a debtor for a trusteeship under Sec on 2329.70 of the Ohio Revised Code must contain a full and complete statement, under oath, se ng forth: (1) The names of the secured and unsecured creditors with liquidated claims, their complete address, account numbers, and amount due and owing to each. If account is being administered by someone other than the creditor list their name and complete address. (2) The disposable amount of money earned in a thirty (30) day period by the applicant, as set forth in Sec on 2329.62 of the Ohio Revised Code, the usual day or days applicant receives his pay, his place of residence, the number of his dependants, their ages and rela on to the applicant. (3) The name of the person who made a demand upon him or her in accordance with Sec on 1911.40 of the Ohio Revised Code and date of such demand.
(B) An order shall be prepared appoin ng the Clerk of Court to act as Trustee and shall be approved by the Judge.
no ce of the appointment of each creditor showing the amount owed said creditor and the amount of total indebtedness
Upon wri en no ca on to the Court of any pending bankruptcy proceeding and the bankruptcy case number a ec ng any li gant in this Court, there shall be a judgment entry as follows:
If the subject case and me has been assigned for hearings, that fact and the hearing date shall be set forth in the entry.
An attorney of record remains responsible for appearing at all noticed hearings unless a withdrawal entry is timely filed and approved by a Judge.
Court's wording
An a orney, having entered an appearance or being of record in a case, shall be deemed responsible to appear in all hearings pursuant to no ces or call therefore, unless a court entry of withdrawal is mely led and approved by a Judge of the Court.
Upon ling of mo on and a davit, as required by Ohio Revised Sec on 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket.
(F) Su cient addi onal copies of all pleadings must be led with the Clerk’s o ce to secure adequate coverage of all necessary par es.
The assignment must be absolute and uncondi onal, in order to prevent duplicity of payment.
The address, telephone number and Supreme Court Number of the respec ve trial counsel shall be placed on the pleading of rst instance.
(I) Where an assignment is part of a case and is expected to be o ered in evidence, a true copy of the en re assignment in uncondi onal form shall be a ached to the complaint.
(K) In ac ons on an account, the account must show the name of the party charged and contain the following: (1) A beginning balance (zero, or a sum that can qualify as an account stated, or some other provable sum.) (2) Listed items (or an item, dated and iden able by number
(H) A orneys must subscribe legibly all pleadings, entries and mo ons or in the alterna ve print the spelling of their name beneath the signature.
(G) All requests shall be in wri ng or by wri en praecipe signed by the reques ng party in interest or their a orney.
Within ten (10) days a er its receipt by the opposing counsel, the proposed ndings shall be submi ed to the Court with objec ons and counter proposals, if any, in wri ng
may, in case of rejec on, le objec ons thereto in wri ng with the court.
A request to defer jury service must show necessity in writing or in another recorded form and include appropriate supporting documentation.
Court's wording
(E) Persons may be deferred from service by the Judge or other authorized court o cial upon applica on showing the necessity which shall be in wri ng or otherwise recorded. All such requests must be accompanied by suppor ng, appropriate documenta on.
The Trustee is hereby authorized to require proof of disposable earnings and eligibility for exemp on of payment by a davit or otherwise and at such mes as he/she shall deem necessary.
The objec ons to the magistrate’s ndings should state, with speci city, the reason a new hearing is requested along with the ling fee and transcript of hearing.
Sa sfac on in whole or part of a Judgment may be entered on the docket by the a orney of record, a ested to by the Clerk or deputy clerk, or by judgment entry signed by the party or the a orney of record and approved by the Judge along with the Court’s ling fee.
Filing & Service rules
Filing Timing and Cure Windows
Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure.
Mo ons must be led within the me limits established by the Ohio Rules of Criminal Procedure.
Page 3 | RULE 5 CASE MANAGEMENT
If the entry is rejected, rejecting counsel must prepare an entry noting exceptions and file it with the Clerk within 24 hours after rejection.
If rejected, counsel so rejec ng shall, within twenty-four (24) hours a er rejec on, prepare an entry to the Court’s sa sfac on, duly no ng excep ons, and le the same with the Clerk.
Page 4 | RULE 6 JUDGMENT ENTRIES-CRIMINAL CASES
At the judge’s request, counsel must prepare the judgment entry within three days, unless the judge extends the time.
Counsel for the party in whose favor, or on whose request, any order, judgment or decree is rendered, shall at the request of the Judge, within (3) days therea er, unless the me be extended by the Judge, prepare the judgment entry
Page 4 | RULE 6 JUDGMENT ENTRIES-CRIMINAL CASES
Opposing counsel must approve or reject the submitted judgment entry within 24 hours after its presentation.
who shall approve or reject it within twenty-four (24) hours a er such presenta on.
Page 4 | RULE 6 JUDGMENT ENTRIES-CRIMINAL CASES
The court must give all parties at least 14 days’ advance notice of a trial date unless all parties waive advance notice.
(R) The Court shall give all par es not less than fourteen (14) day advance no ce of any trial date, unless all par es waive such advance no ce.
Page 7 | (R)
Opposing counsel shall have seven (7) days to le and answer brief along with the appropriate ling fee.
Opposing counsel shall have seven (7) days to le and answer brief along with the appropriate ling fee.
Page 7 | (N)
Unless the court extends the time, motions directed to a pleading must be filed within the time allowed by the Civil Rules for a responsive pleading.
(B) Unless the me be extended by the Court, mo ons directed to any pleading shall be led within the me allowed by the Rules of Civil Procedure for a responsive pleading.
Page 8 | RULE 11 — BRIEFS OTHER THAN TRIAL BRIEFS
(C) Upon perfec on of service and non-appearance of the defendant, failure to submit an entry within thirty (30) days, unless good cause is shown to the contrary in wri ng, may result in the case being dismissed pursuant to Civil Rules.
(C) Upon perfec on of service and non-appearance of the defendant, failure to submit an entry within thirty (30) days, unless good cause is shown to the contrary in wri ng, may result in the case being dismissed pursuant to Civil Rules.
Page 8 | RULE 10 — LEAVES TO MOVE OR PLEAD
The judgment entry must be journalized within 30 days of the verdict, decree, or decision; if counsel does not prepare and present it, the Court must do so.
The judgment entry speci ed in Ohio Civil Rule 58 shall be journalized within thirty (30) days of the verdict, decree or decision. If such entry is not prepared and presented for journaliza on by counsel, then it shall be prepared and journalized by the court.
Page 11
Opposing counsel must approve or reject the judgment entry within three days after receiving it.
counsel for the opposite party who shall approve or reject the same within three (3) days a er its receipt by him
Page 11
When written findings are requested, the requesting party must submit proposed findings of fact and conclusions of law to opposing counsel within five days, as directed by the judge.
When a request for nding of fact and conclusions of law is made, the judge shall direct the party making the wri en request to prepare, within ve (5) days, proposed nding of fact and conclusions of law and submit them to the opposing counsel.
Page 11
Opposing counsel must submit the proposed findings to the Court within 10 days of receipt, with any objections and counterproposals in writing.
Within ten (10) days a er its receipt by the opposing counsel, the proposed ndings shall be submi ed to the Court with objec ons and counter proposals, if any, in wri ng
Page 11
When ordered or directed by the Court, prevailing counsel must prepare a judgment entry and submit it to opposing counsel within 10 days, unless the Court extends the time.
When ordered or directed by the Court, counsel for the party in whose favor an entry, order, judgment or decree is entered in a civil cause shall, within ten (10) days therea er unless the me be extended by the court, prepare a proper judgment entry and submit the same to counsel for the opposite party
Page 11
A party may move within 10 days after the findings are filed to amend or add findings or amend the judgment, and may combine that motion with a motion for a new trial.
Upon mo ons of a party made within ten (10) days a er ling of the ndings, the Court may amend the ndings, make addi onal ndings and may amend the judgment accordingly. The mo on may be made with a mo on for a new trial.
Page 11
Parties seeking specific jury instructions must file the proposed instructions at least seven days before trial.
(D) All par es desiring speci c jury instruc ons shall, at least seven days prior to trial, le the proposed jury instruc ons with the court and serve the same upon opposing counsel.
Page 15
The required dismissal stipulation or other proper entry must be filed within 30 days after settlement, or the case will be dismissed for want of prosecution.
therea er, as provided by these rules, le a s pula on of dismissal or other proper entry within 30 days or the case will be dismissed for want of prosecu on.
Page 17 | RULE 21 CONTINUANCES IN CIVIL AND CRIMINAL CASES
A creditor must answer within ten days after the applicant mails notice or be included in the Trusteeship for the stated amount.
No ces to be mailed by the applicant with no ce for the creditor to answer within ten (10) days of mailing, or they will be included in the Trusteeship in the amount stated.
Page 20 | RULE 25 TRUSTEESHIPS
The pending action will be dismissed after 180 days unless a motion to the contrary is filed.
Unless mo on to the contrary is led, the pending ac on will be dismissed a er one hundred eighty (180) days.
Page 21
The court must rule on objections to the magistrate’s findings within 30 days after they are filed.
The court shall, a er considera on of the reasons in the objec ons to the magistrate’s ndings; rule on said objec ons to magistrate’s ndings within thirty (30) days of the ling of the objec ons.
Page 23
Parties may file objections to the referee’s findings within 14 days on a form available from the Clerk.
and inform the par es that they may le objec ons to the referee’s ndings within fourteen (14) days, on a form available from the Clerk.
Page 23
Opposing counsel may file an answer brief or memorandum of like character within 14 days after receiving a copy of the motion.
(D) Opposing counsel may, within fourteen (14) days a er receiving a copy of such mo on, le and answer brief or memorandum of like character.
Page 8 | RULE 11 — BRIEFS OTHER THAN TRIAL BRIEFS
The court determines whether trial briefs must be submitted and sets their filing date.
The court shall at that me determine whether or not trial briefs should be submi ed and shall x a date when they are to be led.
Page 13 | Civil Pre-trials
Service and Proof of Service Rules
Counsel preparing a judgment entry must submit it to opposing counsel, if any.
prepare the judgment entry and submit it to counsel for the opposite party or par es, if any
Page 4 | RULE 6 JUDGMENT ENTRIES-CRIMINAL CASES
Proof of service on opposing counsel of a copy of a continuance motion must be filed at least 14 days before trial.
(P) All mo ons for con nuance shall be made in wri ng and proof of service upon opposing counsel of a copy of such mo ons shall be led not less than fourteen (14) days before the trial date.
Page 7 | (P)
A motion or pleading filed after the complaint must include signed and dated proof of service, and the served copy must also be signed and dated.
(M) The ling of a Mo on or a Pleading subsequent to the complaint shall be accompanied by proof of service signed and dated. The copy served upon the opposite party or his a orney shall be signed and dated.
Page 7 | (M)
A true copy of the memorandum filed with a motion or exception must be served forthwith on each opposing counsel and each party not represented by counsel.
(A) Counsel ling any mo on or excep on shall le therewith a memorandum containing a short, concise statement of the points relied upon and the authori es suppor ng such conten ons and a true copy of it shall be served forthwith upon each opposing counsel and each party not represented by counsel.
Page 8 | RULE 11 — BRIEFS OTHER THAN TRIAL BRIEFS
Copies of the answer brief or memorandum must be furnished and delivered as provided in Rule 11(A).
Copies thereof, shall be furnished and delivered as provided (A) of this rule.
Page 8 | RULE 11 — BRIEFS OTHER THAN TRIAL BRIEFS
An opposing party may serve and file its opposition statement within fourteen days after the motion is filed and, when facts outside the record are at issue, copies of the evidence offered in opposition.
(C) Each party opposing the mo on may serve and le within fourteen (14) days a er ling of the mo on, a brief wri en statement of reasons in opposi on to the mo on suppor ng cita ons of the authori es on which he relies. If the mo on requires the considera on of facts not appearing of record, he shall also serve and le copies of all a davits, deposi ons, photographs or documentary evidence which he desires to submit in opposi on to the mo on.
Page 9 | RULE 12 — HEARING AND SUBMISSION OF MOTIONS: OBJECTIONS TO INTERROGATORIES
The moving party must serve and file the supporting statement with the motion and, when the motion relies on facts outside the record, copies of the supporting evidence.
(B) The moving party shall serve and le with his mo ons a brief wri en statement of reasons in support of the mo on with suppor ng cita ons of the authori es on which he relies. If the mo ons require the considera on of facts not appearing of record, he shall also serve and le copies of all a davits, deposi ons, photographs or documentary evidence he desires to present in support of the mo on.
Page 9 | RULE 12 — HEARING AND SUBMISSION OF MOTIONS: OBJECTIONS TO INTERROGATORIES
All counsel of record must receive notice of the pretrial conference by mail and/or telephone at least 14 days before the conference.
No ce of the pretrial conference shall be given to all counsel of record by mail and/or by telephone not less than fourteen (14) days prior to the conference.
Page 12 | RULE 17 CASE MANAGEMENT/PRETRIAL PROCEDURE
Parties seeking specific jury instructions must serve the proposed instructions on opposing counsel.
(D) All par es desiring speci c jury instruc ons shall, at least seven days prior to trial, le the proposed jury instruc ons with the court and serve the same upon opposing counsel.
Page 15
Proceedings in Aid must include a certified return receipt or a properly completed and stamped certificate of mailing, together with a copy of the fifteen-day demand, or they will be returned.
Unless a cer ed return receipt, United States Post O ce Form PS 3811 is received or a properly completed and stamped cer cate of mailing is received, and with a copy of the een (15) day demand, the Proceedings in Aid shall be returned to the party ling the same.
Page 18 | RULE 22 PROCEEDINGS IN AID
The applicant must mail each creditor notice of the appointment.
The applicant shall mail no ce of the appointment of each creditor showing the amount owed said creditor and the amount of total indebtedness.
Page 20 | RULE 25 TRUSTEESHIPS
Each litigant must maintain a correct mailing address; after a forcible-entry-and-detainer removal, the Clerk’s regular-mail notice of the hearing date to the defendant’s last known address is sufficient service and notice even if the defendant no longer lives there.
Each party li gant shall be charged with the responsibility of maintaining a correct mailing address. In the event a forcible entry and detainer entry is issued causing the defendant to be removed from their residence, it will be deemed su cient service and adequate no ce for the Clerk to mail, by regular mail to the defendant, date of hearing to last known address notwithstanding the fact that said li gant does not reside at that address.
Page 21 | RULE 27 — NOTIFICATION PRIOR TO DEFAULT JUDGMENT FOR APPEARING PARTIES
The withdrawal entry must indicate proof of service on the client and opposing counsel when submitted to the Court.
Proof of service on the client and opposing counsel shall be indicated on such entry when submi ed to the Court.
Page 22 | RULE 28 — APPEARANCE AND WITHDRAWALS OF COUNSEL
In attachment and garnishment proceedings, a true copy of the affidavit must be served with the summons and order.
(J) In a achment and garnishment proceedings, a true copy of a davit shall be served with the summons and order of a achment and garnishment.
Page 6 | RULE 9 PLEADINGS AND MOTIONS
A creditor omitted from a trusteeship may be listed upon motion to the Court and notice to the other party.
If a debtor fails, through mistake or otherwise, to list a creditor said creditor or debtor, upon mo on to the Court, with no ce to the other party, may be listed in the trusteeship.
Page 20 | RULE 25 TRUSTEESHIPS
The Clerk must send a copy of the specified judgment entry to counsel of record.
Clerk to send copy to counsel of record.
Page 21
Filing Fees and Waivers
Sa sfac on in whole or part of a Judgment may be entered on the docket by the a orney of record, a ested to by the Clerk or deputy clerk, or by judgment entry signed by the party or the a orney of record and approved by the Judge along with the Court’s ling fee.
Sa sfac on in whole or part of a Judgment may be entered on the docket by the a orney of record, a ested to by the Clerk or deputy clerk, or by judgment entry signed by the party or the a orney of record and approved by the Judge along with the Court’s ling fee.
Page 4 | RULE 7 SATISFACTIONS
A party demanding a civil jury trial must promptly deposit the reasonable amount set by the Clerk, with a $750 minimum, before trial is assigned.
(C) When a jury trial in a civil case is demanded, the party demanding the same shall be forthwith required to make an advance deposit as security for costs in such sum as the Clerk determines as reasonable. The cost of summoning jurors and the fees of jurors shall be appor oned to the respec ve proceeding and shall be taxed as part of the Court costs. The minimum deposit for jury trial shall be $750.00. This deposit MUST be paid before a trial is assigned.
Page 5 | RULE 8 FEES AND COSTS
An action or proceeding may not be accepted until the required filing fee is deposited; the Clerk investigates indigency representations, and security for costs is waived upon a finding of indigency.
(A) No ac on or proceeding shall be accepted for ling by the Clerk of this Court unless there rst shall be deposited the ling fee required by this Court in the latest revised schedule of costs, except that upon a representa on of indigency, the Clerk shall inves gate the accuracy of such representa on and upon nding that such indigency does exist, the security for costs shall be waived. The Court shall maintain a current schedule of fees and costs for distribu on to the public, not inconsistent with those of the Revised Code and Court of Common Pleas.
Page 5 | RULE 8 FEES AND COSTS
An appropriate filing fee must accompany the answer brief.
Opposing counsel shall have seven (7) days to le and answer brief along with the appropriate ling fee.
Page 7 | (N)
A civil jury demand must be accompanied by a $750.00 deposit, subject to statutes regarding indigents.
In all civil cases said demand shall be accompanied by a deposit of $750.00 for all cases. This rule shall be subject to the Statutes regarding indigents.
Page 14 | RULE 19 JURY MANAGEMENT PLAN
A $25 continuance fee must be received for a continuance to be granted.
Con nuances shall be granted only by the judge to whom the case is assigned and ONLY upon receipt of the een ($25.00) con nuance fee.
Page 17 | RULE 21 CONTINUANCES IN CIVIL AND CRIMINAL CASES
Transfer to the regular docket requires payment of the filing costs and all outstanding fees.
Upon ling of mo on and a davit, as required by Ohio Revised Sec on 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted un l the ling costs are paid and ALL outstanding fees are paid.
Page 23
The Clerk charges a tiered commission on money received and disbursed under court orders or judgments, except for assessments of civil costs or filing fees.
(D) The Clerk of this Court shall charge a commission fee of two percent (2%) on the rst ten thousand dollars ($10,000) and one percent (1%) on all amounts exceeding the rst ten thousand dollars ($10,000) for receiving and disbursing money paid to or deposited with the Clerk of this Court pursuance to an order of Court or on Judgments, including money invested by order of this Court and interest earned on them. This shall not apply to any assessment of civil costs and/or ling fees.
Page 5 | RULE 8 FEES AND COSTS
Deposits and advance payments of fees and costs may be returned only by court order and only when paid by the party against whom they were assessed.
(B) Deposits and advance payments of fees and costs shall be returned only by the order of the Court and only when the same have been paid by the party against whom they are assessed by the Court.
Page 5 | RULE 8 FEES AND COSTS
The objec ons to the magistrate’s ndings should state, with speci city, the reason a new hearing is requested along with the ling fee and transcript of hearing.
The objec ons to the magistrate’s ndings should state, with speci city, the reason a new hearing is requested along with the ling fee and transcript of hearing.
Page 23
Pre-Motion Conference Requirements
An opposing party may file its opposition within fourteen days after the motion is filed.
(C) Each party opposing the mo on may serve and le within fourteen (14) days a er ling of the mo on, a brief wri en statement of reasons in opposi on to the mo on suppor ng cita ons of the authori es on which he relies.
Page 9 | RULE 12 — HEARING AND SUBMISSION OF MOTIONS: OBJECTIONS TO INTERROGATORIES
Oral argument is permitted upon written request and a proper showing, or upon the parties’ mutual written request.
(A) Mo ons, in general, shall be submi ed and determined upon the mo on papers hereina er referred to. Oral arguments of mo ons will be permi ed on wri en request and proper showing, or by mutual wri en request of par es.
Page 9 | RULE 12 — HEARING AND SUBMISSION OF MOTIONS: OBJECTIONS TO INTERROGATORIES
Reply or additional briefs may be filed only with leave of court and upon a showing of necessity.
(D) Reply or addi onal briefs upon mo ons and submissions may be led with leave of the court only upon showing of the necessity therefore.
Page 9 | RULE 12 — HEARING AND SUBMISSION OF MOTIONS: OBJECTIONS TO INTERROGATORIES
Adjournment & Extension Requirements
A continuance motion may be set for hearing before trial, with notice of the hearing time to opposing counsel; a case will not be continued on the trial date absent previously unknown good cause and counsel’s diligence in preparing for trial and notifying the opponent, and every continuance must be to a date certain.
Such mo on may be set for hearing before the trial date and the Court shall give opposing counsel no ce of the me of such hearing. No case will be con nued on the trial date, except for good cause shown, which was not known to counsel prior to the date of the trial and provided that counsel had used due to diligence to be ready for trial and has no ed or made diligent e ort to no fy his opponent as soon as he became aware of his necessity to ask for a con nuance. All con nuances shall be to a date certain.
Page 7 | (Q)
A motion for continuance and proof of service of a copy on opposing counsel must be filed at least 14 days before trial.
(P) All mo ons for con nuance shall be made in wri ng and proof of service upon opposing counsel of a copy of such mo ons shall be led not less than fourteen (14) days before the trial date.
Page 7 | (P)
Except in forcible-entry-and-detainer or replevin actions, one extension of up to 30 days may be obtained by application to the court without notice; later leave requires court approval, notice to the opposing party or counsel, and good cause, which opposing counsel’s consent alone does not establish.
(A) Except in ac ons for forcible entry and detainer or in replevin, when a party in any case is not prepared to move or plead by answer day ONE extension of me may be had upon applica on to the Court and without no ce for a period of not exceeding thirty (30) days. Consent of counsel may be led as a judgment entry in the case and shall be evidence of “good cause shown” for the rst leave only. Any leave to move or plead therea er may be had only with the approval of the Court and upon applica on to the Court, with no ce to the opposite party or counsel, and for good cause shown, consent of opposing party or counsel shall not in and of itself cons tute good cause.
Page 8 | RULE 10 — LEAVES TO MOVE OR PLEAD
A trial continuance may be granted only by the assigned judge and only upon receipt of the continuance fee.
All request for the con nuance of a trial must be by wri en mo on which complies with Civil Rules. Con nuances shall be granted only by the judge to whom the case is assigned and ONLY upon receipt of the een ($25.00) con nuance fee.
Page 17 | RULE 21 CONTINUANCES IN CIVIL AND CRIMINAL CASES
An application to continue the pretrial conference must be addressed to the judge assigned to the case.
Any applica on for con nuance of the conference shall be addressed to the judge to whom the case has been assigned.
Page 12 | RULE 17 CASE MANAGEMENT/PRETRIAL PROCEDURE
Continuances in civil and criminal cases are governed by the Rules of Superintendence.
(A) Con nuance of Civil and Criminal Cases accordance with the Rules of Superintendence.
Page 17 | RULE 21 CONTINUANCES IN CIVIL AND CRIMINAL CASES
Chambers Communication Rules
Trial counsel must immediately notify the court when a case set for trial is settled.
the trial counsel shall immediately no fy the court
Page 17 | RULE 21 CONTINUANCES IN CIVIL AND CRIMINAL CASES