Rule 6 Time
Title II: Commencement of Action and Venue; Service of Process; Service and Filing of Pleadings and Other Papers Subsequent to the Original Complaint; Time
Rule Text
(A) Time: computation In computing any period of time prescribed or allowed by these rules, by the local rules of any court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. When a public office in which an act, required by law, rule, or order of court, is to be performed is closed to the public for the entire day which constitutes the last day for doing such an act, or before its usual closing time on such day, then such act may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday.
(B) Time: extension
(1) In this division (B), the words “continue” and “continuance” are used in the sense of postponement, delay, and extension of time.
(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.
(b) No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance, endorsed in writing by the party as well as counsel, provided that the trial judge may waive this requirement upon a showing of good cause. Counsel may sign on behalf of their client per allowance. No court shall grant a continuance to any party at any time without first setting a definite date for the trial or hearing.
(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.
(3) Reasons for continuances
(a) Motions should address the timing and impact of any continuance.
A party seeking a continuance should explain in writing the rationale for the request and should be cognizant of the various factors that courts consider in ruling on such a request, including (i) the timing of the request, (ii) the length of the proposed continuance, (iii) the age of the case, (iv) the number and nature of any previous similar requests, (v) the availability of alternative ways to address the concern underlying the request, (vi) counsel’s diligence and overall compliance with the case schedule and case deadlines, (vii) the nature and complexity of the case, (viii) the court’s calendar and the impact of any continuance on other cases, (ix) whether other parties consent to or oppose the request, and (x) any inconvenience, increased costs, and prejudice to the rights and interests of the parties and the public that might result from the granting or the denial of the request.
(b) Witness unavailability.
Before requesting a continuance due to the unavailability of a witness, parties should consider the feasibility of other permitted methods of recording or facilitating the presentation of testimony under these rules and local rules, including deposition or remote testimony.
(c) Attorney unavailability.
When requesting a continuance due to counsel’s unavailability, the moving party must notify the court about the reason counsel is unavailable and must indicate when the scheduling conflict arose and was discovered. In most cases, a trial or hearing that was scheduled first will take priority over a conflicting trial or hearing.
(C) Time: motions
(1) Motion responses and movants’ replies generally Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion. Responses to motions for summary judgment may be served within twenty-eight days after service of the motion. A movant’s reply to a response to any written motion may be served within seven days after service of the response to the motion.
(2) Motions prior to hearing or trial Unless a different period is fixed under these rules or by order of the court, a written motion for purposes of a hearing that is not a trial shall be served no later than fourteen days prior to the hearing, and a written motion for purposes of a trial shall be served no later than twenty-eight days prior to the start of trial. Responses to such motions may be served as provided by Civ.R. 6(C); however, a movant’s reply to the response is not permitted.
(3) Modification for good cause upon motion Upon motion of a party in an action, and for good cause, the court may reduce or enlarge the periods of time provided in divisions (C)(1) and (C)(2) of this rule.
(D) Time: additional time after service by mail or commercial carrier service Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon that party and the notice or paper is served upon that party by mail or commercial carrier service under Civ.R. 5(B)(2)(c) or (d), three days shall be added to the prescribed period. This division does not apply to responses to service of summons under Civ.R. 4 through Civ.R. 4.6.
Amendment history: Effective Date: July 1, 1970 Amended: July 1, 1978; July 1, 2012; July 1, 2015; July 1, 2019; July 1, 2026