Ohio State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF OHIO — COURT OF COMMON PLEAS

1. CAPTION

IN THE COURT OF COMMON PLEAS
[________________________________] COUNTY, OHIO

2. MOTION FOR EXTENSION OF TIME

NOW COMES [________________________________] ("Movant"), by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to Ohio Civil Rule 6(B) for an Order extending the time within which to [________________________________] from the current deadline of [__/__/____] to and including [__/__/____], a period of [____] additional days. In support thereof, Movant states as follows:

3. PROCEDURAL BACKGROUND

1. This action was commenced on or about [__/__/____] and is assigned to the Honorable Judge [________________________________].

2. On [__/__/____], the Court entered its [________________________________] (the "Order"), which established a deadline of [__/__/____] for Movant to [________________________________].

3. As of the date of this Motion, the current deadline ☐ has not yet expired / ☐ expired on [__/__/____].

4. Movant has ☐ not previously sought / ☐ previously sought [____] extension(s) of this particular deadline. If previously sought, the prior extension(s) were granted on the following date(s): [________________________________].

5. The trial date in this matter is currently set for [__/__/____]. The requested extension ☐ will not / ☐ will affect the trial date.

4. IDENTIFICATION OF DEADLINE AND OBLIGATION

5. GROUNDS FOR EXTENSION

Movant respectfully requests the extension based on the following grounds (check all that apply):

☐ Complexity of the issues involved requiring additional time for adequate preparation

☐ Volume of documents or discovery materials to be reviewed (approximately [____] pages/items)

☐ Unavailability of key witness(es): [________________________________]

☐ Scheduling conflict of counsel: [________________________________]

☐ Ongoing settlement negotiations between the parties

☐ Recent retention of new counsel who requires time to become familiar with the case

☐ Illness or medical emergency affecting ☐ counsel / ☐ party / ☐ witness

☐ Need for additional expert analysis or consultation

☐ Awaiting receipt of records or information from third parties, specifically: [________________________________]

☐ Recent supplemental discovery production requiring additional review

☐ Intervening holiday(s) or court closure(s)

☐ Other: [________________________________]

6. STATEMENT OF GOOD CAUSE / EXCUSABLE NEGLECT

A. If Deadline Has Not Yet Expired (Civ.R. 6(B)(2)(c) — Good Cause / Request Made Before Expiration)

Under Ohio Civ.R. 6(B)(2)(a) and (c), the Court may continue a deadline for good cause when the request is made before the deadline expires, and may act with or without motion or notice. State the facts supporting good cause, including the requested length and effect of the extension.

Movant demonstrates good cause as follows:

[________________________________]

[________________________________]

[________________________________]

B. If Deadline Has Already Expired (Civ.R. 6(B)(2)(d) — Excusable Neglect Standard)

Under Ohio Civ.R. 6(B)(2)(d), a motion made after expiration must explain why the failure to act resulted from excusable neglect. State ex rel. Lindenschmidt v. Butler Cty. Bd. of Commrs., 1995-Ohio-49, ¶¶ 7-12, reviewed a late answer and directs courts to consider all surrounding facts and circumstances; it does not prescribe a fixed list of five factors. Explain the actual cause and length of delay, when counsel learned of it, what steps followed, the effect on the case schedule and other parties, and any alternative to the requested extension:

[____________________________________________________________]

[____________________________________________________________]

7. DEMONSTRATION OF DILIGENCE

Movant has exercised diligence in attempting to meet the original deadline by taking the following steps:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

Despite these efforts, additional time is necessary because: [________________________________]

8. ABSENCE OF PREJUDICE TO OPPOSING PARTY

Granting this extension will not prejudice the opposing party for the following reasons:

1. The trial date of [__/__/____] ☐ will not be affected / ☐ may require adjustment, and movant will promptly address any scheduling impacts with the Court and opposing counsel.

2. No depositions or other discovery events are currently scheduled that would be disrupted by the requested extension.

3. The opposing party will have adequate time to [________________________________] following the extended deadline.

4. [________________________________]

9. POSITION OF OPPOSING PARTY

Pursuant to the conferral practices encouraged by Ohio courts and applicable local rules:

☐ Undersigned counsel contacted counsel for the opposing party, [________________________________], on [__/__/____] by ☐ telephone / ☐ email / ☐ in person, and the opposing party consents to the requested extension.

☐ Undersigned counsel contacted counsel for the opposing party, [________________________________], on [__/__/____] by ☐ telephone / ☐ email / ☐ in person, and the opposing party does not oppose the requested extension.

☐ Undersigned counsel contacted counsel for the opposing party, [________________________________], on [__/__/____] by ☐ telephone / ☐ email / ☐ in person, and the opposing party opposes the requested extension for the following stated reasons: [________________________________]

☐ Undersigned counsel made good faith efforts to contact opposing counsel on [__/__/____] by [________________________________] but was unable to reach opposing counsel despite reasonable attempts. Details: [________________________________]

☐ The opposing party is proceeding pro se. Movant contacted the opposing party on [__/__/____] by [________________________________] and the opposing party's position is: [________________________________]

10. PRIOR EXTENSIONS HISTORY

☐ No prior extensions have been sought or granted for this deadline.

11. IMPACT ON CASE SCHEDULE

Movant represents to the Court the following regarding the impact of the requested extension on the overall case schedule established under the Rules of Superintendence for the Courts of Ohio and/or the Court's scheduling order:

1. Trial Date: [__/__/____] — ☐ Unaffected / ☐ May require modification

2. Discovery Cutoff: [__/__/____] — ☐ Unaffected / ☐ May require modification

3. Dispositive Motion Deadline: [__/__/____] — ☐ Unaffected / ☐ May require modification

4. Pretrial Conference: [__/__/____] — ☐ Unaffected / ☐ May require modification

5. Other Deadlines Affected: [________________________________]

12. LEGAL AUTHORITY

Ohio Civil Rule 6(B) provides in pertinent part:

(2) Continuance orders. (a) When under these rules, a local rule, or a court order an event is scheduled for a particular date or an act may or must be done within a specified time or by a particular date, the court for good cause may continue the date or period of time. ... (c) The court may act with or without motion or notice if the court acts, or if a request is made, before the particular date or the expiration of the specified time. (d) The court may act on motion made after the particular date or the expiration of the specified time if the moving party failed to act because of excusable neglect. (e) The court may not extend the time for taking any action under Civ.R. 50(B), Civ.R. 59(B), Civ.R. 59(D), and Civ.R. 60(B), except to the extent and under the conditions stated in those rules.

The Ohio Supreme Court has recognized that courts have broad discretion in ruling on motions for extension of time under Civ.R. 6(B), and a trial court's ruling will not be disturbed on appeal absent an abuse of discretion. See State ex rel. Lindenschmidt v. Butler Cty. Bd. of Commrs., 72 Ohio St.3d 464, 466 (1995). The decision to grant or deny relief on similar "excusable neglect" grounds under Civ.R. 60(B) is likewise reviewed on an abuse-of-discretion standard. See Griffey v. Rajan, 33 Ohio St.3d 75, 77 (1987).

13. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Honorable Court:

1. Grant this Motion for Extension of Time;

2. Extend the deadline for [________________________________] from [__/__/____] to and including [__/__/____];

3. Maintain all other existing deadlines unless the Court determines modification is warranted; and

4. Grant such other and further relief as this Court deems just and equitable.

14. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Ohio [________] (City, Zip)
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
[________________________________]
Ohio Supreme Court Reg. No. [________________________________]
Attorney for [________________________________]

Date: [__/__/____]

15. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and accurate copy of the foregoing Motion for Extension of Time was served upon the following by the method(s) indicated:

☐ Via the Court's electronic filing system, which will send notification to all registered counsel of record:

☐ Via U.S. Mail, first class, postage prepaid:

☐ Via hand delivery:

☐ Via facsimile:

☐ Via email:

________________________________________
[________________________________]
Ohio Supreme Court Reg. No. [________________________________]

16. PROPOSED ORDER

IN THE COURT OF COMMON PLEAS
[________________________________] COUNTY, OHIO

ORDER GRANTING MOTION FOR EXTENSION OF TIME

This matter came before the Court upon [________________________________]'s Motion for Extension of Time filed on [__/__/____]. The Court, having reviewed the Motion, any response thereto, and the record herein, and finding good cause shown pursuant to Ohio Civil Rule 6(B), hereby ORDERS as follows:

1. The Motion for Extension of Time is GRANTED.

2. The deadline for [________________________________] is hereby extended from [__/__/____] to and including [__/__/____].

3. All other deadlines in the Court's Scheduling Order dated [__/__/____] remain in full force and effect unless subsequently modified by the Court.

4. [Additional provisions, if any: ________________________________]

IT IS SO ORDERED.

Date: ______________________

________________________________________
Judge [________________________________]
Court of Common Pleas
[________________________________] County, Ohio

17. LOCAL RULE COMPLIANCE CHECKLIST

Before filing, verify compliance with the local rules of the specific county Court of Common Pleas:

☐ Checked local rules for the specific county (e.g., Franklin County Loc.R. 79 - Continuances; Cuyahoga County Loc.R. 17 - Passing and Delay of Cases; Hamilton County Loc.R. 12 - Extensions of Time to Move or Plead by Stipulation)

☐ Confirmed motion format complies with local page limits and formatting requirements

☐ Verified whether a proposed order is required to be submitted as a separate document

☐ Confirmed whether the local court requires electronic filing via the county's e-filing system

☐ Verified conferral requirements under applicable local rules

☐ Confirmed whether the court requires a memorandum in support as a separate filing

☐ Checked whether oral hearing is required or whether the motion may be decided on the papers

☐ Verified any local rules regarding the number of extensions permitted

18. PRACTICE NOTES FOR OHIO PRACTITIONERS

Timing Considerations:

• Under Civ.R. 6(B)(2)(a) and (c), a request made before the deadline expires may be granted for good cause, with or without motion or notice.
• Under Civ.R. 6(B)(2)(d), a motion filed after the deadline expires requires a showing of excusable neglect on the surrounding facts and circumstances.
• Always file before the deadline when possible.

Non-Extendable Deadlines:

• Civ.R. 6(B)(2)(e) expressly prohibits extensions of time under: Civ.R. 50(B) (post-trial motion for judgment/JNOV), Civ.R. 59(B) (new-trial, remittitur, additur, prejudgment-interest, and attorney-fee motion deadlines), Civ.R. 59(D) (court's own-initiative new trial), and Civ.R. 60(B) (relief from judgment), except to the extent and under the conditions stated in those rules.

Ohio Rules of Superintendence Case Management Timelines:

• The Rules of Superintendence for the Courts of Ohio set case-management time standards for the disposition of cases (formerly Sup.R. 39; renumbered as part of the 2026 restructuring of the Superintendence Rules). Courts take these timelines seriously when evaluating extension requests, particularly in cases approaching the recommended disposition timeframes. Confirm current rule numbering on the Supreme Court of Ohio's website before citing a specific rule number.

E-Filing:

• Many Ohio counties now require electronic filing. Verify the specific county's e-filing requirements and ensure the proposed order is submitted in the proper format (often as a separate Word document).

Sources and References

• Ohio Rules of Civil Procedure, Rule 6(B) (Time: Extension) — Ohio Supreme Court Rules
• Ohio Rules of Superintendence for the Courts of Ohio — Ohio Supreme Court Rules
• State ex rel. Lindenschmidt v. Butler Cty. Bd. of Commrs., 1995-Ohio-49, ¶¶ 7-12 — late-answer excusable neglect and review for abuse of discretion
• Griffey v. Rajan, 33 Ohio St.3d 75 (1987) — abuse of discretion review (Civ.R. 60(B))
• Franklin County Clerk of Courts, Local Rules