Struthers Municipal Court, Ohio Adjournment & Extension Requirements

CRITICAL

A continuance generally requires proof of reasonable notice to or consent by the adverse party or counsel; failure to object within a reasonable time is treated as consent, but the Court may move for a continuance itself.

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.

CRITICAL

A continuance motion must be written and submitted within seven calendar days of the scheduled trial or hearing, and must state specific reasons for the request.

Motions for continuance shall be submitted in writing within seven (7) calendar days of a scheduled trial or hearing; said motion shall be accompanied by a $30.00 filing fee except in exigent circumstances stated or if continuance is required pursuant to the Ohio Rules of Superintendence; said motion shall provide the court with specific reasons for the continuance; and said movant shall submit a proposed judgment entry with the motion for continuance, leaving the time and date blank for the court to set a new date.

CRITICAL

The Court must approve any stipulated continuance.

Stipulated continuances must be approved by the court.

CRITICAL

When counsel has a conflicting trial or hearing in another Ohio court, the case first set has priority and must be heard on its assigned date.

When a continuance is requested because counsel is scheduled to appear in another case assigned for trial or hearing on the same date in another court of this state, the case which was first set for trial or hearing shall have priority and shall be heard on the date assigned as prescribed in Rule 41 of the Rules of Superintendence for the Courts of Ohio.

CRITICAL

For a first extension, the request must be filed with the Clerk and note “First Leave” or similar wording, with a stipulation by or notice to opposing counsel; any additional extension requires Court approval.

with the Clerk of Courts, thereon noting "First Leave" or words of similar import, with stipulation by or notice to opposing counsel. If any additional extension is requested, the party desiring the extension must obtain the approval of the Court.

CRITICAL

A continuance motion in a forcible-entry-and-detainer case must be written, state its reasons, and be filed at least three days before trial; it requires judicial approval, may be granted in the Judge's or Magistrate's discretion, and may be conditioned on posting a bond.

A motion to continue a forcible entry and detainer case shall be filed not less than three (3) days prior to the date of trial; shall be made in writing specifically setting forth the reason(s) for the request; and shall be accompanied by a motion fee as prescribed in the cost structure of these rules. Said motion shall not be effective unless and until approved by the Judge or Magistrate. Further, the Judge or Magistrate, in their discretion, may grant the motion subject to conditions including but not limited to requiring the movant to post a bond in a specific amount.

WARNING

A party may generally obtain one extension of up to 30 days without leave of court to answer, plead, or otherwise move, if no prior extension has been granted, by filing a Journal Entry.

However, parties may generally obtain one (1) extension of time without leave of court not to exceed thirty (30) days, in which to answer, plead or otherwise move, when no such prior extension has been granted, by filing a Journal Entry