Local Rule 23 (Judge Fuller is a stickler about this…)
If you're going through a divorce, then you need to know the best practices for getting a continuance in your local area. Here are some excellent tips for having your motion to continue approved by the Judge or Magistrate in Delaware, Ohio.
Follow the rules
There is a set of rules that you must follow if you want your motion for continuance approved.
These rules are outlined in Rule 23 of the Delaware County Court of Common Pleas Domestic Relations Division Rules of Practice and Procedure. Franklin County and other surrounding counties in Ohio will have their versions of Rule 23
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A failure to follow to the rules will essentially guarantee that your motion is denied, so follow the following rules:
Rule 1:
You must file the motion as soon as possible after discovering a motion for continuance is necessary. You need to show good cause and file at least 10 days before the hearing or trial.
Rule 2:
You must call the court to obtain several possible dates from the judge or magistrate’s administrative assistant. You must also call each attorney and confirm a date that they will be available. Further, you have to call the administrative assistant back immediately with the date and time that works for everyone.
Rule 3:
The following items must be included on the motion for continuance:
- the reason for the request for continuance;
- a statement whether other continuances of the hearing have been previously granted and if so when;
- whether opposing counsel or the opposing party agrees or disagrees to the proposed continuance;
- whether the client is aware of the request for continuance;
- a proposed new hearing date and time confirmed with all parties
- a certification of service of the motion upon opposing counsel or unrepresented party and all interested parties to the hearing, including, but not limited to the guardian ad litem, if appointed, and the Delaware County Child Support Enforcement Agency, if the agency is a party to the proceeding.
The court has full discretion when it comes to approving or denying the motion for continuance. If you follow the rules listed above, then you have a much better chance of having your motion for continuance approved.
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