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

CRITICAL

A continuance motion must be written, state the specific reason, be served on the opposing party as soon as possible before the hearing, and the movant must first attempt to obtain the opposing party’s consent.

All Motions for Continuance must be in writing and state the specific reason for the continuance. All motions for continuance must be served upon the opposing party(ies) prior to the hearing as soon as possible. The Movant shall first attempt to secure consent of the opposing

CRITICAL

If the required filings for a final account are not provided, an extension of time must be filed.

If not all filings listed above are provided to the Court, an extension of time needs to be filed.

CRITICAL

An extension of the account deadline requires an application to be filed and approved.

(A) Within six months of appointment, every administrator and executor shall render a final and distributive account of the administrator’s or executor’s administration of the estate, unless an application to extend has been filed and approved.

CRITICAL

Continuance motions must state whether consent was obtained or denied and the number of prior continuances; both sides must approve, and the request must include the specified dates and reasons. A continuance on the hearing date requires good cause, and the ruling may be reserved when necessary to preserve service or notice.

party(ies); set forth in the motion whether consent was obtained or denied; and shall state the number of prior continuances. Both sides must approve of the continuance. No case will be continued on the day of the hearing except for good cause shown. All continuances shall contain the date on which the need for the continuance arose, the reason(s) for requesting the continuance, and the date in which all attorneys of record, parties and Guardian ad litems were notified of the requested continuance. Ruling on a continuance request may be reserved until the scheduled hearing date where continuances on the record are necessary to preserve service or notice on parties.

CRITICAL

An emergency guardianship may last up to 72 hours; after a hearing, the court may extend it for good cause for a specified period of no more than 30 additional days.

As provided by statute, the Court may appoint an emergency guardian for a maximum period of seventy-two (72) hours. For good cause shown, after hearing, the Court may extend an emergency guardianship for a specified period, but not to exceed an additional thirty (30) days.

CRITICAL

For a continuance motion based on conflicting trial assignment dates, the Court may deny the motion unless it includes a copy of the conflicting assignment and is filed at least ten days before the hearing, subject to good cause.

The Court may, unless good cause is shown, deny any motion for continuance due to conflict of trial assignment dates unless a copy of the conflicting assignment is attached to the motion and the motion is filed not less than ten days prior to hearing.

CRITICAL

Except on the Court’s own motion, a continuance or extension 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 and extension of time 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.

CRITICAL

A continuance of the hearing will not be granted without written permission from the assigned Judge.

No continuances of the hearing will be granted without written permission of the assigned Judge.

CRITICAL

A continuance of the pretrial conference must be requested by motion at least 7 days before the scheduled date, unless there is an emergency or the Court deems cause sufficient.

All requests for continuances of the pretrial conference shall be by motion and shall be submitted to the Court at least 7 days prior to the scheduled date for the pretrial conference, absent emergency or cause deemed sufficient by the Court.

CRITICAL

If the required inventory forms are incomplete, an extension must be filed, and the Court will not accept the inventory until all required paperwork is provided.

(F) If all necessary forms for filing an Inventory is not complete, then an extension of time needs to be filed. The Court will not accept an Inventory unless all paperwork is provided. (Inventory 6.0, Schedule of Assets 6.1, Waiver of Notice 6.2 and/or Notice of Hearing 6.3).

CRITICAL

An inventory-filing extension application must state the time needed, and its accompanying judgment entry must leave space for the Court to enter the number of days granted.

Applications for an extension shall set forth the time needed and the accompanying judgment entry shall have a blank space for the Court to insert the number of days granted.

CRITICAL

Applications to continue hearings, pretrials, or trials must be submitted at least 7 days before the scheduled event, unless there is an emergency or the Court finds cause sufficient.

All applications for continuances of hearings, pretrials and trials shall be submitted to the Court at least 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 continuance to extend these filing deadlines requires the fiduciary’s signature or good cause shown.

A continuance to extend the time for filing an inventory, account, guardian’s report or statement of expert evaluation shall not be granted unless the fiduciary has signed for the continuance or unless for good cause shown.

WARNING

The Court may deny a continuance based on a conflicting court appearance if the conflict was apparent when the attorney took the case.

The Court may deny continuances because a hearing previously scheduled in this Court conflicts with the scheduled appearance of the attorney in another case when that conflict was apparent when the attorney took the case.

WARNING

Failure to comply with the praecipe rule is not grounds for a continuance due to failed service unless the filer shows they lacked timely knowledge of the person’s name or location and could not reasonably have obtained that information in time.

If this rule is not complied with, the failure of the subpoenaed party to appear because of failure of service shall not constitute grounds for continuance. This rule applies unless it can be shown that the person filing the praecipe was unaware of the name or the location of the persons sought to be subpoenaed in sufficient time to comply and that such information could not reasonably have been obtained in time.

WARNING

The Court will grant extensions for administrator or executor accounts for the listed estate-related reasons, including other reasons subject to Court approval when filing would be detrimental to the estate or its beneficiaries or heirs.

The Court will grant extensions for the following reasons: 1.) Extensions for Accounts of Administrators and Executors. a.) An Ohio estate tax return must be filed for the estate. b.) A proceeding contesting the validity of the decedent’s will pursuant to section 2107.71 of the Revised Code has been commenced. c.) The surviving spouse has filed an election to take against the will. d.) The administrator or executor is a party in a civil action. e.) The estate is insolvent. f.) For other reasons set forth by the administrator or executor, subject to Court approval, it would be detrimental to the estate and its beneficiaries or heirs to file a final and distributive account.

WARNING

Extensions for accounts of trustees and other fiduciaries are available for good cause shown.

3.) Extensions for Accounts of Trustees and other fiduciaries. a.) For good cause shown

WARNING

The Court will grant an extension of time when good cause is shown.

The Court will grant an extension of time for good cause shown.

WARNING

Unless otherwise ordered, substitution of a trial attorney is not a basis for postponing a trial or hearing.

Unless otherwise ordered, the substitution of a trial attorney shall not serve as a basis for postponement of a trial or any hearing.

INFO

If a transcript is necessary, a party may move for an extension of time to file objections or an appeal so the transcript can be prepared.

If a transcript is necessary, a party may file a Motion for Extension of Time to File Objections or Appeal to allow for preparation of transcript.

INFO

The Court is able to accommodate extensions of time to file the guardian’s report and statement of expert evaluation.

g. The Court is able to accommodate extensions of time for filing the guardian’s report and the statement of expert evaluation.

INFO

The Court is able to accommodate extensions of time to file a Report of Distribution.

5.) The Court is able to accommodate extensions of time for the filing of a Report of Distribution.