Ohio Motion for Continuance
Ohio calls it a continuance. File trial-date conflict motions at least 30 days before trial.
Find out where you stand in Ohio
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Introduction
Ohio Sup.R. 5.24 governs continuances for trial-date conflicts: attach the conflicting assignment and file at least 30 days before trial. The date stands until the court grants your motion. Eviction delays over eight days are limited by R.C. 1923.08.
Key Things to Know
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Until the court grants your motion, the hearing or trial date stands, so attend. Filing a motion does not move the date.
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Ohio uses the term continuance. Its Rules of Superintendence address them in Sup.R. 5.24 (conflict of trial court assignment dates, continuances and engaged counsel).
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This page does not state a general good-cause wording from a statewide rule. Sup.R. 5.24 lists specific situations, and no ground guarantees a continuance.
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For a trial-date conflict, Sup.R. 5.24(A)(1) says the court should not consider the motion unless a copy of the conflicting assignment is attached and the motion is filed not less than 30 days before trial.
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If two assignments conflict, the case set first has priority, and criminal cases take priority over civil (Sup.R. 5.24). A continuance must be granted on request for a Board of Professional Conduct hearing or a legislator-counsel attending a General Assembly session, but the court may deny it if there were prior legislative continuances or substantial prejudice.
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In eviction cases, R.C. 1923.08 bars a continuance longer than eight days unless the plaintiff applies and the defendant consents, or the defendant applies and posts a court-approved bond for accruing rent. A tenant who deposited rent with the clerk under R.C. 1923.06(B) must keep depositing until the hearing.
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This page does not state Ohio rules on agreed continuances, writing and affidavit requirements, family court or small claims continuances, or official forms. Ask the clerk of your court what applies.
Key decisions before you file
Before you file a Motion for Continuance in Ohio, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.
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Ohio Requirements for Motion for Continuance
Continuance Rule
Ohio addresses conflicts of trial court assignment dates, continuances and engaged counsel in Rule of Superintendence 5.24.
Attach the Conflicting Assignment
For a trial-date conflict, the court should not consider the motion unless a copy of the conflicting assignment is attached (Sup.R. 5.24(A)(1)).
30 Days Before Trial
A conflict-based motion should be filed not less than 30 days prior to trial (Sup.R. 5.24(A)(1)).
Priority Between Conflicting Assignments
The case set first has priority, and criminal cases take priority over civil on trial-date conflicts (Sup.R. 5.24).
Listed Grounds on Request
A continuance shall be granted on request for a Board of Professional Conduct hearing or a legislator-counsel attending a General Assembly session; the court may deny it if there were prior legislative continuances or substantial prejudice (Sup.R. 5.24(A)(2)-(3)).
Eight-Day Eviction Limit
An eviction continuance cannot exceed eight days unless the plaintiff applies and the defendant consents, or the defendant applies and posts a court-approved bond for accruing rent (R.C. 1923.08).
Rent Deposit Until Hearing
A tenant who deposits rent with the clerk under the summons must keep depositing until the hearing (R.C. 1923.06(B)).