Scioto County Court of Common Pleas, General Division Adjournment & Extension Requirements

CRITICALCivil cases

A continuance of a trial or hearing requires a written motion stating the reason and endorsed in writing by the party and counsel, unless the trial judge waives the requirement for good cause; counsel may sign for a client where permitted.

(b) No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by the party as well as counsel, provided that the trial judge may waive this requirement upon a showing of good cause. Counsel may sign on behalf of their client per allowance.

CRITICALCivil cases

Before granting a continuance, the court must first set a definite trial or hearing date.

No court shall grant a continuance to any party at any time without first setting a definite date for the trial or hearing.

CRITICALCivil cases

The court may extend deadlines under Civ.R. 50(B), 59(B), 59(D), and 60(B) only to the extent and under the conditions those rules allow.

(e) The court may not extend the time for taking any action under Civ.R. 50(B), Civ.R. 59(B), Civ.R. 59(D), and Civ.R. 60(B), except to the extent and under the conditions stated in those rules.

CRITICALCivil cases

A continuance request based on counsel’s unavailability must state why counsel is unavailable and when the scheduling conflict arose and was discovered.

When requesting a continuance due to counsel’s unavailability, the moving party must notify the court about the reason counsel is unavailable and must indicate when the scheduling conflict arose and was discovered.

CRITICALCivil cases

A plaintiff seeking more time to file an affidavit of merit must file the extension motion with the complaint; for good cause and after considering the listed factors, the court grants a reasonable period of up to 90 days, which may exceed 90 days if discovery noncooperation or other circumstances warrant it.

The plaintiff may file a motion to extend the period of time to file an affidavit of merit. The motion shall be filed by the plaintiff with the complaint. For good cause shown and in accordance with division (c) of this rule, the court shall grant the plaintiff a reasonable period of time to file an affidavit of merit, not to exceed ninety days, except the time may be extended beyond ninety days if the court determines that a defendant or non- party has failed to cooperate with discovery or that other circumstances warrant extension.

CRITICALCivil cases

Before the response period expires, a responding party may seek an extension under Rule 6(B) for lack of an electronic copy, which constitutes good cause; the court may require the copy to be provided.

However, if before the designated period has expired, the responding party requests that the period be enlarged pursuant to Rule 6(B) because the propounding party has not provided an electronic copy, that reason shall constitute good cause for granting the requested extension, and the court’s order may require that an electronic copy be provided.

CRITICALCivil cases

For good cause, the court must provide an objecting party a reasonable extension to file a motion to set aside a magistrate’s order or objections to a magistrate’s decision; lack of timely service is included as good cause.

Civ.R. 53(D)(5) is new and requires the court, for good cause shown, to provide an objecting party with a reasonable extension of time to file a motion to set aside a magistrate’s order or file objections to a magistrate’s decision. “Good cause” would include the failure of a party to receive timely service of the magistrate’s order or decision.

CRITICALCivil cases

Except on the court’s own motion, a continuance requires proof of reasonable notice to or consent by the adverse party or counsel; failure to object within a reasonable time after notice is treated as consent.

(B) Except on motion of the court, no continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the adverse party or the party’s counsel. Failure to object to the continuance within a reasonable time after receiving notice shall be considered consent to the continuance.

WARNINGCivil cases

For good cause, the court may continue a scheduled event date or a period for an act.

(a) When under these rules, a local rule, or a court order an event is scheduled for a particular date or an act may or must be done within a specified time or by a particular date, the court for good cause may continue the date or period of time.

WARNINGCivil cases

Before the scheduled date or expiration of the specified period, the court may act on a continuance matter with or without motion or notice.

(c) The court may act with or without motion or notice if the court acts, or if a request is made, before the particular date or the expiration of the specified time.

WARNINGCivil cases

After the scheduled date or expiration of the specified period, the court may act on a motion if the moving party failed to act because of excusable neglect.

(d) The court may act on motion made after the particular date or the expiration of the specified time if the moving party failed to act because of excusable neglect.

WARNINGCivil cases

On a party’s motion and for good cause, the court may reduce or enlarge the periods set out in divisions (C)(1) and (C)(2).

Upon motion of a party in an action, and for good cause, the court may reduce or enlarge the periods of time provided in divisions (C)(1) and (C)(2) of this rule.

WARNINGCivil cases

In most cases, the trial or hearing scheduled first takes priority over a conflicting trial or hearing.

As was true under language formerly in Superintendence Rule 41, in most cases a trial or hearing that was scheduled first will take priority over a conflicting trial or hearing.

WARNINGCivil cases

When deciding whether good cause supports extending the affidavit-of-merit deadline, the court must consider the information needed, who controls it, the discovery needed, efforts to obtain it, and other relevant circumstances.

In determining whether good cause exists to extend the period of time to file an affidavit of merit, the court shall consider the following: (i) A description of any information necessary in order to obtain an affidavit of merit; (ii) Whether the information is in the possession or control of a defendant or third party; (iii) The scope and type of discovery necessary to obtain the information; (iv) What efforts, if any, were taken to obtain the information; (v) Any other facts or circumstances relevant to the ability of the plaintiff to obtain an affidavit of merit.

WARNINGCivil cases

When good cause is shown, the court must give the plaintiff a reasonable period to obtain and file an affidavit of merit that could not be provided with the complaint.

Because there may be circumstances in which the plaintiff is unable to provide an affidavit of merit when the complaint is filed, division (D)(2)(b) of the rule requires the trial court, when good cause is shown, to provide a reasonable period of time for the plaintiff to obtain and file the affidavit.

WARNINGCivil cases

The court must allow a reasonable time, up to 60 days, to file an affidavit of merit intended to cure the defect.

division (D)(2)(a) of this rule, the court shall grant the plaintiff a reasonable time, not to exceed sixty days, to file an affidavit of merit intended to cure the defect.

WARNINGCivil cases

A plaintiff seeking additional time must specifically tell the court what information is needed, rather than state generally that more information is needed.

To accomplish these goals, the plaintiff must specifically inform the Court of the nature of the information needed as opposed to a general averment that more information is needed.

WARNINGCivil cases

Extensions to file an affidavit of merit are generally limited to 90 days, but the court may extend beyond that period for discovery noncooperation or other circumstances it finds justify an extension.

Division (D)(2)(b) of the rule sets an outside limit of 90 days to extend the time for the filing of an affidavit of merit, unless the court determines that the defendant or a nonparty in possession of the records has failed to cooperate with discovery, and in that circumstance the court may grant an extension beyond 90 days. This division also vests the trial court with the discretion to determine whether any other circumstances justify granting an extension beyond the 90 days.

WARNINGCivil cases

Before the response period expires, a responding party may seek an extension under Rule 6(B) because no electronic copy was provided; that reason constitutes good cause, and the court may order that a copy be provided.

However, if before the designated period has expired, the responding party requests that the period be enlarged pursuant to Rule 6(B) because the requesting party has not provided an electronic copy, that reason shall constitute good cause for granting the requested extension, and the court’s order may require that an electronic copy be provided.

WARNINGCivil cases

An interim order may last no more than 28 days from entry and may be extended by the court in additional 28-day increments for good cause.

The timely filing of objections does not stay the execution of an interim order, but an interim order shall not extend more than twenty-eight days from the date of entry, subject to extension by the court in increments of twenty-eight additional days for good cause shown.

WARNINGCivil cases

For good cause, the court must allow a reasonable extension for filing a motion to set aside a magistrate’s order or objections to a magistrate’s decision; good cause includes, but is not limited to, late service by the clerk.

For good cause shown, the court shall allow a reasonable extension of time for a party to file a motion to set aside a magistrate’s order or file objections to a magistrate’s decision. “Good cause” includes, but is not limited to, a failure by the clerk to timely serve the party seeking the extension with the magistrate’s order or decision.

WARNINGCivil cases

If the opposing party’s affidavits state sufficient reasons why essential opposition facts cannot be presented, the court may refuse judgment, order a continuance for affidavits or discovery, or make another just order.

Should it appear from the affidavits of a party opposing the motion for summary judgment that the party cannot for sufficient reasons stated present by affidavit facts essential to justify the party’s opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or discovery to be had or may make such other order as is just.

WARNINGCivil cases

A continuance to obtain counsel may not be granted if the person made no good-faith effort to secure counsel.

A continuance may not be granted to obtain counsel if you have made no good faith effort to secure one.

WARNINGCivil cases

The order does not expire because the respondent was not served notice of the full hearing before its scheduled date or because the court grants a continuance.

THIS ORDER DOES NOT EXPIRE because of a failure to serve notice of the full hearing upon Respondent before the date set for the full hearing or because the Court grants a continuance, as set forth in R.C. 2151.34(D)(2)(b) and 3113.31(D)(2)(b).

WARNINGCivil cases

The court may extend the time to exercise a Chapter 2106 right upon motion and a showing of good cause.

Upon the filing of a motion to extend the time for exercising a right under Chapter 2106 of the Revised Code and for good cause shown, the court may allow further time for exercising the right that is the subject of the motion.

INFOCivil cases

Motions should address a continuance’s timing and impact; a party seeking one should explain its rationale in writing and consider the listed factors.

(a) Motions should address the timing and impact of any continuance. A party seeking a continuance should explain in writing the rationale for the request and should be cognizant of the various factors that courts consider in ruling on such a request, including (i) the timing of the request, (ii) the length of the proposed continuance, (iii) the age of the case, (iv) the number and nature of any previous similar requests, (v) the availability of alternative ways to address the concern underlying the request, (vi) counsel’s diligence and overall compliance with the case schedule and case deadlines, (vii) the nature and complexity of the case, (viii) the court’s calendar and the impact of any continuance on other cases, (ix) whether other parties consent to or oppose the request, and (x) any inconvenience, increased costs, and prejudice to the rights and interests of the parties and the public that might result from the granting or the denial of the request.

INFOCivil cases

Before seeking a continuance because a witness is unavailable, parties should consider permitted alternatives such as deposition or remote testimony.

Before requesting a continuance due to the unavailability of a witness, parties should consider the feasibility of other permitted methods of recording or facilitating the presentation of testimony under these rules and local rules, including deposition or remote testimony.

INFOCivil cases

In most cases, a trial or hearing scheduled first takes priority over a conflicting trial or hearing.

In most cases, a trial or hearing that was scheduled first will take priority over a conflicting trial or hearing.

INFOCivil cases

The plaintiff should, to the extent known, identify who has the needed information and how it can be obtained so the court can grant an appropriate extension.

The plaintiff should apprise the court, to the extent that it is known, the identity of the person who has the information and the means necessary to obtain the information, to allow the court to grant an appropriate extension of time.

INFOCivil cases

You may represent yourself or ask for a continuance to obtain a lawyer.

• Respondent may be represented by a lawyer. You may represent yourself or ask for a continuance to obtain a lawyer. [R.C. 3113.31(D)(2)(a)(iii)]

INFOCivil cases

A person without an attorney may ask for a brief continuance to obtain one or may represent themself.

If you do not have an attorney, you may ask for a brief continuance to obtain an attorney per R.C. 3113.31(D)(2)(a)(iii) or you may represent yourself.

INFOCivil cases

You may ask the Court for a continuance to obtain a lawyer.

You may represent yourself or ask the Court for a continuance to obtain a lawyer.

INFOCivil cases

You may ask for a continuance to obtain a lawyer.

Respondent may be represented by a lawyer. You may ask for a continuance to obtain a lawyer per R.C. 2903.214(D)(2)(iii).

INFOCivil cases

A party without an attorney may ask for a brief continuance to obtain one.

If you do not have an attorney, you may ask for a brief continuance to obtain an attorney per R.C. 2151.34(D)(2)(a)(iii) or 3113.31(D)(2)(a)(iii).