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Rule 6 – Time

May 14, 2021 | Civil Procedure, Ohio

(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. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done 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 request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it 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 them.
(C)Time: Motion

(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.

Ohio. Civ.R. 6

Effective:July 1, 1970; amended effective July 1, 1978; July 1, 2012; July 1, 2015; amended April 24, 2019, effective July 1, 2019.

Proposed Staff Notes (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 deadlines. 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, 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 permitted 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, 2012 Amendment)

Former Civ.R. 6(C) has been eliminated and the remaining divisions of the rule have been relettered. 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