OH · rules
Ohio Crim.R. 45
Time
(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 date of the act or event 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, Sunday, or legal holiday,
in which event the period runs until the end of the next day which is not Saturday, Sunday,
or 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 computation.
(B) Time: enlargement
When an act is required or allowed to be performed at or within a specified time, the court
for cause shown may at any time in its discretion (1) with or without motion or notice,
order the period enlarged if application therefor is made before expiration of the period
originally prescribed or as extended by a previous order; or (2) upon motion permit the act
to be done after expiration of the specified period, if the failure to act on time was the result
of excusable neglect or would result in injustice to the defendant. The court may not extend
the time for taking any action under Rule 23, Rule 29, Rule 33, and Rule 34 except to the
extent and under the conditions stated in them.
(C) Time: unaffected by expiration of term
The period of time provided for the doing of any act or the taking of any proceeding is not
affected or limited by the expiration of a term of court. The expiration of a term of court
in no way affects the power of a court to do any act in a criminal proceeding.
(D) Time: for motions; affidavits
A written motion, other than one which may be heard ex parte, and notice of the hearing
thereof, shall be served not late than seven days before the time specified for the hearing
unless a different period is fixed by rule or order of the court. For cause shown such an
order may be made on ex parte application. When a motion is supported by affidavit, the
affidavit shall be served with the motion. Opposing affidavits may be served not less than
one day before the hearing, unless the court permits them to be served at a later time.
(E) Time: additional time after service by mail
Whenever a party has the right or is required to do an act within a prescribed period after
the service of a notice or other paper upon him, and the notice or other paper is served upon
him by mail, three days shall be added to the prescribed period. This subdivision does not
apply to responses to service of summons under Rule 4 and Rule 9.
History
Effective Date: July 1, 1973
Provenance
- Source
- supremecourt.ohio.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
236362600adf9390b7ef286cfe83f34ef7f0638f7874b1c3098bdd5b2f6ca8e1
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