South Euclid Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

A continuance motion must be written, include a supporting brief explaining the reasons, and establish reasonable notice to or consent by the other party.

(A) All motions for continuances shall be submitted to the court in writing and shall include a brief in support setting forth the reasons requiring the continuance. No continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the other party.

CRITICAL

A civil continuance filed within 72 hours of the hearing will not be considered unless the other party’s written consent is obtained and filed before the hearing.

(C) No continuance in a civil case will be considered if filed within seventy-two hours of the hearing date unless the moving party secures the consent of the other party in writing and such consent is filed with the court prior to the hearing date.

CRITICAL

Continuances are discretionary and require good cause; a request not ruled on by the hearing date is deemed denied.

(E) Motions for continuance, when submitted in accordance with the above, will be granted in the discretion of the court for good cause shown. A continuance that has not been ruled on by the date of the hearing shall be considered to be denied.

CRITICAL

A continuance filed within 72 hours of a criminal or traffic hearing will not be considered.

(D) No continuance in a criminal or traffic case will be considered if filed within seventy-two hours of the hearing date.

CRITICAL

A small-claims continuance request must be filed in writing at least three days before trial.

(A) A request for a continuance of a case set for trial in a small claims case shall be filed in writing at least three days prior to the trial date.

CRITICAL

An extension application must be filed at least one day before the due date, whether or not opposing counsel consents.

(C) Applications for extensions of time, regardless of consent of opposing counsel, must be filed at least one day prior to the due date.

WARNING

Further extensions require court approval, notice to the opposing party or counsel, and good cause; consent alone is not good cause.

(B) Any leave to move or plead thereafter may be had only with the approval of the court, with notice to the opposing party or counsel, and for good cause shown. Consent of the opposing party or counsel shall not, in and of itself, constitute good cause.

WARNING

(D) A motion to extend the time for filing the brief in opposition to motions may be requested prior to the expiration of the original deadline for filing the brief in opposition.

(D) A motion to extend the time for filing the brief in opposition to motions may be requested prior to the expiration of the original deadline for filing the brief in opposition.

WARNING

A small-claims continuance request must be written and include the case caption and number, reason, scheduled trial date and time, notice to other parties, and the moving party’s or attorney’s signature.

(B) The request shall be in writing and shall include:

WARNING

A continuance motion based on counsel’s conflicting court hearing must include a copy of the other court’s hearing notice.

(B) When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for hearing on the same date in another court, the movant shall attach a copy of the notice received from the other court.

WARNING

Except in replevin and forcible-entry-and-detainer actions, one extension of up to 30 days may be obtained by application when a party is unprepared to plead or move on answer day; counsel’s filed consent is evidence of good cause.

(A) Except in replevin actions and actions for forcible entry and detainer, when a party is not prepared to move or plead on the answer day, one extension of time may be had upon application to the court for a period not exceeding thirty days. Consent of counsel may be filed as a judgment entry in the case and shall be evidence of good cause shown.