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Trial Continuance Without A Finding In Ohio
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Multi-State
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US-0004LTR
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FAQ
Judges expect the party who is requesting a continuance to have been diligent in preparing for trial. If you have not made a reasonable effort to obtain replacement counsel, the judge may deny your continuance request.
Rule 56 - Continuances (A) Motions for continuance shall be submitted in writing with the proper caption and case number. (B) 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.
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
If the prosecution or defense needs extra time to prepare for a hearing or trial in a criminal case, they can ask the judge for a continuance. But they need to have a good reason, otherwise, the judge can deny the request.
There is no set number because there are any number of reasons a continuance could be asked for.
If the court accepts the continuance without finding, the Defendant is not deemed convicted of the offense. Rather, the case gets continued for a period of time subject to conditions with no guilty finding.
If you wish to ask the Court to reschedule a hearing you must file a Motion for Continuance. The Court may reschedule a hearing upon 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.
Except for motions made during a hearing or during trial, motions are required to be in writing. They must also be filed in court and served on the opposing party's attorney (or the party if not represented by counsel). If the motion is contested, the opposing attorneys will also file papers opposing the motion.
