How to Request a Continuance in Ohio Small Claims Court

Your Ohio small claims hearing date is not always convenient, and sometimes life makes it impossible. A motion for continuance asks the court to reschedule — but you need a reason the court will accept, and you need to file it before the hearing, not on the morning of.

When to File

Most Ohio courts expect continuance requests 7–10 days before the scheduled hearing. Check your court's local rules for the exact deadline. Filing earlier is always safer; filing at the last minute reduces your chances of approval.

The motion must be in writing. Phone calls to the clerk's office, emails and text messages to the plaintiff do not extend your hearing date. Only a signed order from the judge or magistrate does.

What Qualifies as Good Cause

Ohio courts grant continuances for documented, legitimate reasons:

• Medical emergency — a hospitalization or acute medical condition that prevents you from attending. Attach documentation.
• Unavoidable scheduling conflict — a previously set court date in another case, a military deployment or a mandatory work obligation that can't be rescheduled.
• Recently retained attorney — you just hired a lawyer who needs time to prepare, though this is less common in small claims.

What doesn't work:

• "I'm not ready" without a specific reason
• "I want to settle" when no settlement has been filed
• Vacation plans or general inconvenience
• Forgetting the hearing date

How to File

1. Write the motion. Include the case number, parties' names, the current hearing date, the reason you need more time and a proposed new date range if the court asks for one.
2. File with the clerk. In person, by mail or through e-filing if your court accepts it.
3. Serve the plaintiff. Send a copy of the motion to the other party by mail or hand delivery and attach a Certificate of Service to the filed copy.
4. Wait for the court's order. The judge or magistrate reviews the motion and either grants or denies it. If granted, the clerk issues a new hearing notice with the rescheduled date.

What Happens If You Don't Get a Continuance

If the motion is denied — or if you never filed one — and you don't appear at the hearing, the court enters default judgment against you. The plaintiff presents basic evidence, and you lose without being heard.

If you can't file a motion in time because of a true emergency (you're in the hospital on hearing day), file a Civ.R. 60(B) motion for relief from judgment afterward. You'll need to show excusable neglect and a meritorious defense.

Another Continuance Is Not Guaranteed

Ohio's 15–40 day requirement under ORC 1925.04(B) sets the initial hearing date; it does not establish a one-continuance limit. If you need another continuance, explain the reason promptly and follow your court's local rules.

The Ohio Small Claims Response Guide covers continuance motions, hearing preparation and every other step in the response process.

See more Ohio guides →