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

[________________________________],        )
                                           )
     Plaintiff,                            )    Case No. [________________________________]
                                           )
v.                                         )    Judge [________________________________]
                                           )
[________________________________],        )
                                           )
     Defendant.                            )

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)(1) — Good Cause Standard)

Under Ohio Civil Rule 6(B)(1), when a motion for extension is filed before the expiration of the applicable deadline, the Court may enlarge the time period "for cause shown." Ohio courts recognize a lighter burden when the request is timely filed, and courts generally presume good cause for such timely motions. See State ex rel. Benton v. Cuyahoga Cty. Court of Common Pleas, 2015-Ohio-4674; Stallings v. Hussain, 2022-Ohio-2589 (12th Dist.).

Movant demonstrates good cause as follows:

[________________________________]

[________________________________]

[________________________________]

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

Under Ohio Civil Rule 6(B)(2), when a motion for extension is filed after the deadline has passed, the Court may permit the act to be done "where the failure to act was the result of excusable neglect." The movant must demonstrate both cause for the extension and excusable neglect for the delay. Ohio courts do not presume excusable neglect, and a motion that fails to acknowledge or address the tardiness will generally be denied. See Kay v. Marc Glassman, Inc., 76 Ohio St.3d 18 (1996); GTE Automatic Elec. v. ARC Industries, 47 Ohio St.2d 146 (1976).

The five factors Ohio courts consider in evaluating excusable neglect include:

1. The danger of prejudice to the non-movant: [________________________________]

2. The length of the delay and its potential impact on proceedings: [________________________________]

3. The reason for the delay, including whether it was within the movant's control: [________________________________]

4. Whether the movant acted in good faith: [________________________________]

5. Whether the movant has a meritorious claim or defense: [________________________________]

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 Ohio Sup.R. 26 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:

(1) When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (a) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (b) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but 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 them.

The Ohio Supreme Court has recognized that courts have broad discretion in ruling on motions for extension of time. See State ex rel. Lindenschmidt v. Butler Cty. Bd. of Commrs., 72 Ohio St.3d 464, 466 (1995). The decision to grant or deny an extension is 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

[________________________________],        )
                                           )
     Plaintiff,                            )    Case No. [________________________________]
                                           )
v.                                         )    Judge [________________________________]
                                           )
[________________________________],        )
                                           )
     Defendant.                            )

              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. 25; Cuyahoga County Loc.R. 21; Hamilton County Loc.R. 2.02)

☐ 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)(1), motions filed before the deadline expires require only a showing of "cause" and carry a lighter burden.
• Under Civ.R. 6(B)(2), motions filed after the deadline expires require a showing of "excusable neglect," which is a substantially higher burden.
• Always file before the deadline when possible.

Non-Extendable Deadlines:

• Civ.R. 6(B) expressly prohibits extensions of time under: Civ.R. 50(B) (renewed judgment as a matter of law), Civ.R. 59(B) (motion for new trial), Civ.R. 59(D) (motion to alter or amend judgment), and Civ.R. 60(B) (relief from judgment).

Ohio Sup.R. 26 Case Management:

• Ohio's superintendence rules set case management timelines. Courts take these timelines seriously when evaluating extension requests, particularly in cases approaching the recommended disposition timeframes.

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) — Ohio Supreme Court Rules
• Ohio Rules of Superintendence, Rule 26 — Case Management
• Kay v. Marc Glassman, Inc., 76 Ohio St.3d 18 (1996) — excusable neglect standard
• GTE Automatic Elec. v. ARC Industries, 47 Ohio St.2d 146 (1976) — excusable neglect factors
• Griffey v. Rajan, 33 Ohio St.3d 75 (1987) — abuse of discretion review
• State ex rel. Lindenschmidt v. Butler Cty. Bd. of Commrs., 72 Ohio St.3d 464 (1995) — broad judicial discretion
• Franklin County Court of Common Pleas, Civil Practice Guidelines