The request of a party for good cause. The Motion for Continuance must be supported by an Affidavit stating the reason(s) why you need to have the hearing rescheduled. Please refer to Rule 3 of this Court s Rules for other details about continuances. Caption: On the line labeled Plaintiff/Petitioner-01 write the name of the same person who was the original Plaintiff or Petitioner-01 when the case was first filed. On the line labeled Defendant/Petitioner-02/Respondent write the name.
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How to fill out the OH Motion For Continuance - Cuyahoga County online
Filing a Motion for Continuance is crucial when you need to reschedule a court hearing in Cuyahoga County. This guide provides clear and supportive instructions to assist you in completing the OH Motion for Continuance form online.
Follow the steps to successfully complete your motion.
- Click ‘Get Form’ button to obtain the form and open it in the editor.
- In the caption section, write the name of the original Plaintiff or Petitioner on the line labeled 'Plaintiff/Petitioner-01'. On the line labeled 'Defendant/Petitioner-02/Respondent', write the name of the original Defendant or Respondent. Ensure to include the case number assigned by the Clerk of Courts and the same Judge, as indicated when the case was first filed.
- In Paragraph 1, fill in your name and indicate your role (e.g., 'Plaintiff', 'Defendant') on the first line. On the second line, enter the date and time of the scheduled hearing. On the third line, include the name of the Judge or Magistrate overseeing your case.
- Prepare and attach a notarized affidavit on the last page. This affidavit must specifically state the reasons for your request to continue the hearing.
- In Paragraph 3, indicate the number of previous continuances that have been granted to the Plaintiff/Petitioner-01.
- In Paragraph 4, indicate the number of previous continuances that have been granted to the Defendant/Petitioner-02/Respondent.
- For the signature section, print your name on the first line, sign it on the second line, and provide your current address and daytime telephone number.
- File the motion with the Domestic Relations Clerk of Court located on the ground floor, room 35, of the Cuyahoga County Courthouse. Remember to pay the required filing fee to the Clerk of Court when submitting your motion.
- After filing, it is essential to mail a copy of the Motion for Continuance to the other party. If the other party has legal representation, send the document to that lawyer as well.
- Complete the Certificate of Service, filling in the name and address of the recipient, and sign the certificate.
- Finally, you can save changes to your form, download, print, or share it as needed.
Begin your online process today to ensure timely filing of your Motion for Continuance.
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Get answers to your most pressing questions about US Legal Forms API.
What is the local rule 17 in Cuyahoga County?
17.0 PASSING AND DELAY OF CASES If the motion is not approved by the trial Judge, the case shall proceed as originally scheduled. No continuance shall be granted without first setting a definite date for the trial or hearing.
Can you ask for a continuance the day of court in Ohio?
The plaintiff or the defendant may request a continuance. A continuance is not automatic. If the judge does not grant the continuance in writing, the trial will proceed as originally scheduled. You must deliver the written request for a continuance to the court at least 7 days before the date of your trial.
How do I file a motion with the court in Ohio?
You must file the motion with the Clerk of Court located on the ground floor of the County Courthouse, 1 W. Lakeside Avenue, Cleveland, Ohio 44113. You must mail a copy of the motion to the other party.
What is the Ohio civil rule for continuance?
No continuance shall be granted for any other time than it is affirmatively proved the ends of justice require. Whenever any continuance is granted, the court shall enter on the journal the reason for the same. Criminal cases shall be given precedence over civil matters and proceedings.
How close to a court date can you file a continuance?
Continuances of court dates must be requested in writing at least ten (10) calendar days prior to the court date. The continuance may be requested by either party. The Court must receive the written request either in person or by mail, along with a continuance fee.
How do I file a motion for continuance in Ohio?
FILING THE MOTION FOR CONTINUANCE File the motion with the Domestic Relations Clerk of Court located on the ground floor, room 35, of the Cuyahoga County Courthouse, 1 W. Lakeside Avenue, Cleveland, Ohio 44113. You will be required to pay a “filing fee” to the Clerk of Court at the time you file the motion.
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