OH · rules

Ohio Civ.R. 6

Time

activein force · 2026-07-01 – presentact-effective-date

(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 p ublic 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 requi rement 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.

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.

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.

(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.

History

Effective Date: July 1, 1970 Amended: July 1, 1978; July 1, 2012; July 1, 2015; July 1, 2019; July 1, 2026 Staff Note (July 1, 2012 Amendment) Former Civ.R. 6(C) has been eliminated and the remaining divisions of the rule have been re - lettered. Former division (C) was adopted in 1970 and made reference to the continuing jurisdiction of a court after expiration of a “term of court.” The provision was significant at the time for clarifying a court’s jurisdiction to vacate its final judgments despite prior statutes which limited a court’s jurisdiction to do so “after term of court.” Those procedural statutes were repealed or amended with the adoption of the Ohio Rules of Civil Procedure in 1970. However, for organizational and other purposes, R.C. 2301.05 continues to provide for one year “terms” for common pleas courts, and some non-procedural statutes refer to “term of court.” Rule 6(C) does not appear to have any continuing significance for Ohio procedure. The provision is not included in Fed. R. Civ. P. 6 and its elimination makes the lettering of Civ.R. 6 consistent with that of the federal rule. Former Civ.R. 6(E), now Civ.R. 6(D), is amended to make clear that this “three day” rule applies only when service has been made by mail or commercial carrier service under Civ.R. 5(B)(2)(c) or (d). As with the prior rule, it does not apply to responding to service of process made under Civ.R. 4 through Civ.R.4.6, nor does it apply to responding to documents served under any other divisions of Civ.R. 5. Staff Note (July 1, 2015 Amendment) The amendment to Civ.R. 6(C) eliminates the prior requirement to serve a "notice of hearing" when serving a motion, recognizing that the requirement is inconsistent with modern practice where most courts determine motions without oral hearing —a practice p ermitted by Civ.R. 7(B)(2). The amendment also addresses an uncertainty existing under the prior rule as to when a response to a motion is due when there is no local rule or court order specifying a time for responding to motions, by specifying a fallback time of fourteen days after service of the motion within which to serve arguments in response. In the absence of a local rule or court order addressing replies, the amendment also permits a movant to serve reply arguments within seven days after service of the opposing party's response. The time for filing motion responses and replies is governed by Civ.R. 5(D), again in the absence of a local rule or court order specifying a different time for filing. Staff Note (July 1, 2019 Amendment) Division 6(C) The amendment separates Civ.R. 6(C) into three divisions. Division (C)(1) The provisions of Division (C)(1) supersede and replace the differing deadlines for responding to motions imposed by the numerous local rules of Ohio trial courts, thereby eliminating confusion and creating consistency by providing uniform statewide deadli nes. The division establishes a twenty-eight- day deadline for service of responses to motions for summary judgment, and a fourteen-day deadline for service of responses to all other motions. A movant’s reply to a response to any motion may be served within seven days after service of the response. Division (C)(2) The provisions of Division (C)(2) establish deadlines for serving written motions for purposes of a hearing or trial (e.g., motions in limine, motions to bifurcate, etc.). Unless a different period is fixed under another Rule of Civil Procedure or by order of the court (e.g. an scheduling order entered in accordance with Civ.R. 16) written motions for purposes of a hearing must be served not later than fourteen days prior to the hearing, while motions for purposes of trial must be served not later than twenty-eight days prior to trial. Division (C)(3) The provisions of Division (C)(3) permit the court to modify the periods of time provided in Division (C)(1) and Division (C)(2) in an individual action upon the filing of a motion of a party and for good cause. For example, expediting interlocutory rulings in an action for injunctive relief might constitute good cause for reducing the time for responding to certain motions in that action. Staff Note (July 1, 2026 Amendment) Division (B) has been revised and expanded to include language that formerly appeared in Superintendence Rule 41. Language transferred from Superintendence Rule 41(A) maintains the requirement that the party and counsel sign the continuance request and explanation. Language was added to clarify that counsel may sign on behalf of the party if the party agrees. Drawing on that latter provision’s former text, new division (B)(3)(b) indicates that where a witness is expected to be unavailable for a hearing, parties should consider the feasibility of alternatives that might obviate the need for a continuance, such as recorded testimony or remote testimony. Also shifted from the Superintendence Rules into new division (B)(3)(c) is language indicating that where an attorney is scheduled to be in two or more courtrooms at the same time, the attorney must, when seeking a continuance, indicate to the court when t he scheduling conflict arose and when it came to the attorney’s attention. As was true under language formerly in Superintendence Rule 41, in most cases a trial or hearing that was scheduled first will take priority over a conflicting trial or hearing. Added to the same division is new language that directs parties to explain in writing the rationale for any continuance request. Included, too, is language intended to apprise parties about the factors that Ohio courts consider when addressing continuance requests. See, e.g., Freytag v. Freytag, 2024-Ohio- 2403, ¶ 8 (3d Dist.); In re B.M., 2024-Ohio-5505, ¶ 84 (4th Dist.); Matter of C.W., 2025-Ohio-282, ¶ 50 (10th Dist.); Mentor Economic Assistance Corp. v. Eichels, 2016-Ohio-1162, ¶ 19 (11th Dist.). When seeking a continuance, parties would be well-advised to address those factors that are relevant in the case. Other stylistic updates intended to improve the readability of the rule and to bring greater clarity to some of its existing provisions have also been made.

Provenance

Source: supremecourt.ohio.gov
Retrieved: 2026-09-14
Edition: 2026-09-14
Content hash: 58905e71f619110768b0b65ca56b2fc86cfc7a053ef881da4a53dacb74dc5249

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