Van Wert County Court of Common Pleas, Ohio Adjournment & Extension Requirements

CRITICAL

A continuance requires a written motion stating a particular reason that constitutes good cause.

(1) no continuance will be granted without a written motion; (2) the motion must state a particular reason which would constitute good cause;

CRITICAL

The Chair may allow one hearing rescheduling or continuance without Court consent, but not beyond the pretrial-order date; further continuances require the assigned judge’s approval, and requesting counsel must reschedule with the arbitrators and other counsel.

After any date has been scheduled for a hearing, the Chair may, without consent of the Court, allow for one rescheduling or continuance of the hearing not beyond the date set in the pretrial Order. Any further continuances must be with the approval of the judge assigned to the case. With any continuance the requesting counsel shall contact and reschedule with the arbitrators and other counsel the new arbitration date.

CRITICAL

After counsel dies or becomes unavailable, the party has 30 days to obtain new counsel or request an extension, or pending actions will be assigned as other cases.

If counsel for a party dies or becomes unavailable due to illness, accident or other cause, the party shall have thirty (30) days in which to procure new counsel. If the party fails to procure counsel within thirty (30) days, or fails to request the Court for an extension, all pending actions shall be assigned as any other case.

CRITICAL

The Court may extend the fourteen-day objection deadline only upon a written application supported by an affidavit stating facts indicating good cause.

The fourteen (14) day time limit established by civil Rule 53(E)(2) for the filing of objections may only be extended by the Court and only upon written application therefor supported by an affidavit stating facts indicating good cause for an extension.

CRITICAL

After counsel is permitted to withdraw, the party has 21 days to obtain new counsel or request an extension, or pending actions will be assigned as other cases.

If counsel for a party is permitted to withdraw the party shall have twenty-one (21) days in which to procure new counsel. If the party fails to procure counsel within twenty-one (21) days, or fails to request the Court for an extension, all pending actions shall be assigned as any other case.

CRITICAL

If counsel seeks a continuance after notice of a proceeding requiring counsel's personal appearance is filed, the motion must be filed within ten days.

When notice of trial, pre-trial, assignment conferences or any other proceeding requiring the personal appearance of counsel is filed with the Clerk, a motion for continuance shall be filed, if at all, within ten (10) days.

CRITICAL

Noncompliance with the continuance rule is good cause for the Court to proceed as scheduled and, in its discretion, dismiss the case, enter default judgment, or hear the evidence and render final judgment.

Any non-compliance with this rule will constitute good cause for the Court to proceed upon the originally scheduled date and time and, in its discretion, to dismiss the case, enter a default judgment, or proceed to hear the evidence and render final judgment.

CRITICAL

A continuance motion submitted more than ten days after the specified period may be granted only after a hearing establishes good cause for the delay and prejudice to a party if the continuance is denied.

Any motion for continuance submitted later than the ten (10) day period specified will be granted only after a hearing which establishes good cause for the delay and prejudice to a party if such continuance would not be granted.

CRITICAL

After due notice, arbitration may proceed if a party is absent or fails to obtain an adjournment.

The arbitration may proceed in the absence of any party, who, after due notice, fails to be present or fails to obtain an adjournment.

WARNING

The Court may continue a bound-over criminal case for a definite time if the complaining witness’s testimony is unavailable and the Prosecuting Attorney applies before the 60-day period expires.

Criminal cases bound over to the Court on which no action is taken by the Grand Jury within sixty (60) days shall be dismissed forthwith without prejudice. If the complaining witness’s testimony is not available, the case may be continued by the Court, upon application of the Prosecuting Attorney made prior to the expiration of the sixty day period referred to above, for a definite time.

WARNING

If counsel have not finished presenting the case within the allocated hearing time, the Court may allow more time if available and nonconflicting, or continue the case.

If counsel have not completed the presentation of the case at the end of the allocated time, the Court may allow more time if it is available and does not conflict with the next case or the case may be continued to another time and date.

WARNING

If the e-filing system fails to generate a service notice, the party to be served may request an order extending the response date.

If the clerk’s e-filing system fails to generate the Notice of Electronic Filing, the party to be served may request an order extending the date for any response.

WARNING

If counsel have not finished presenting the case by the end of the allocated time, the Court may allow more time if available and nonconflicting, or continue the case to another time and date.

Counsel may use a part of the time block to negotiate, but the hearing will be concluded at the end of the allocated time. If counsel have not completed the presentation of the case at the end of the allocated time, the Court may allow more time if it is available and does not conflict with the next case or the case may be continued to another time and date.

WARNING

If is the policy of this court to determine matters in a timely way. Continuance of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the mediator, the Judge or Magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial. If a continuance of a scheduled mediation is requested and the proposed new date is within 45 days of the initial referral to mediation, then the request shall be made to the mediator , with proper notice to all parties. If the requested date is more than 45 days after the referral to mediation, then the request must be made to the Judge or magistrate assigned to the case.

If is the policy of this court to determine matters in a timely way. Continuance of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the mediator, the Judge or Magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial. If a continuance of a scheduled mediation is requested and the proposed new date is within 45 days of the initial referral to mediation, then the request shall be made to the mediator , with proper notice to all parties. If the requested date is more than 45 days after the referral to mediation, then the request must be made to the Judge or magistrate assigned to the case.

WARNING

The Court may extend the transcript filing deadline in writing.

If a transcript of the trial or hearing is necessary to support objections, the transcript must be filed by the moving party within thirty (30) days after the filing of objections unless the Court, in writing, extends the time.

WARNING

For a continuance based on an unavailable witness, the Court will grant the request if the testimony is material and due diligence was used to procure the witness, unless the opposing party consents to the affidavit being read into evidence as the absent witness's deposition.

If the Court finds the testimony to be material and that due diligence has been used to procure such witness, a continuance will be granted unless the opposing party consents to the reading of such affidavit into evidence at trial as a deposition of the absent witness.

WARNING

The case assigned first has priority and must be tried on its assigned date, except that criminal cases assigned for trial take priority over civil cases.

The case which was first assigned shall have priority and shall be tried on the date assigned, providing however, the criminal cases assigned for trial shall have priority over civil cases.

INFO

All matters pending on every docket automatically continue to the next court term without a further order.

All matters pending on all dockets of the Court are continued to the next term without further order of the Court.

INFO

An extension of the retrieval period may be made on an individual basis.

EXTENSION: Extensions of time for retrieval of exhibits, depositions, or transcripts may be made on an individual basis.