How to File a Motion to Change a Court Date in Cleveland, Ohio
If you are scheduled to be in court for a civil or criminal case in Cleveland, Ohio, and cannot be there on the date and time scheduled, you will need to file a motion to change the court date, formally known as a motion to continue, in the appropriate court prior to the court date. Most court dates will be in either small claims, county or federal court.
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Things You'll Need
- Notice of court date that shows court, cause number and date and time of appearance
- Address for service on the opposing party
- Evidence for reason to continue case
Instructions
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Determine what court you are schedule to appear in. The name of the court should be on any official paperwork that you received telling you that you need to appear. Once you know what court you are scheduled in, find a telephone number and address for them. Again, this information should be on your notice to appear. If not, call a general information number for your county government.
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Check local procedural rules for the court you are scheduled in. These can usually be found on their website, through a county self-help center, at your local library or a a local law school library. Pay close attention to how far in advance the motion must be received and what manner of filing the court accepts. Most courts want at least seven days to review and rule on a motion to continue. Some courts will accept fax filings while some will not.
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Prepare the motion to continue. The motion should have the names of the parties, the name of the court and the cause number at the top as well as a title for the motion. Include in the body of the motion a brief explanation of when you are schedule to appear in court (date and time) and why you cannot be there.
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If you have any evidence of why you cannot attend, such as a previously scheduled medical procedure, school examination or other important event, attach documentation to the motion. Add a certificate of service to the motion stating that you have served the opposing party with the motion.
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Prepare an order for the judge to sign granting or denying the motion. Make several copies of all your paperwork.
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Hand-deliver, fax or mail your paperwork to the court. Also send a copy to the opposing party. If you are mailing the paperwork, include a self-addressed stamped envelope for the court to return a copy of the order to you.
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Tips & Warnings
Some courts have self-help websites or offices that may have fill in the blank forms for continuance motions.
Call the court a few days after you have filed the motion to check on whether it has been granted. Do not assume that your case has been continued. Always make sure the judge has received the motion and granted it as you are required to appear until the motion has been granted.
References
Resources
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