Rule 6.Time
Last amended July 1, 2026 · Last verified July 1, 2026
Full Text of Rule 6
Amendment 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 Those procedural statutes were repealed or amended with the adoption of the Ohio Rules of Civil Procedure in 1970.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 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, 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, 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 the 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.
Plain-English Summary
Division (A) sets the basic counting method for any period fixed by the rules, a local rule, a court order, or a statute: skip the day of the triggering act, count every day after it — though for a period shorter than seven days you skip intermediate Saturdays, Sundays, and legal holidays — and include the last day unless it falls on a Saturday, Sunday, legal holiday, or a day the relevant public office is closed — in which case the deadline rolls to the next day that is not one of those.
Division (B), rewritten effective July 1, 2026, treats extensions and continuances as one subject: “continue” and “continuance” mean postponement, delay, and extension of time. When an event is scheduled for a particular date, or an act must be done within a specified time or by a particular date, the court may continue the date or period for good cause. It may act with or without a motion or notice if it acts, or a request is made, before the date or the time runs out. Afterward, it may act only on a motion showing that the party failed to act because of excusable neglect. And it still may not extend the time for motions under Rule 50(B), 59(B), 59(D), or 60(B), except as those rules allow.
A continuance of a trial or hearing needs a written motion stating the reason, endorsed in writing by the party as well as counsel, though counsel may sign for a client who allows it and the judge may waive the requirement on a showing of good cause. No court may grant a continuance without first setting a definite date for the trial or hearing. Division (B)(3) then tells parties what a request should address: its rationale, in writing, measured against the factors the rule lists — the timing of the request, the length of the delay, the age of the case, earlier requests, alternatives, counsel’s diligence, the complexity of the case, the court’s calendar, whether other parties consent or object, and the costs and prejudice that granting or denying the request might cause. Before seeking a continuance because a witness is unavailable, a party should consider a deposition or remote testimony. An attorney with a scheduling conflict must tell the court the reason and when the conflict arose and was discovered, and in most cases the trial or hearing scheduled first takes priority.
Division (C) sets default response times for motions when no other rule or order fixes one: fourteen days to respond to most motions, twenty-eight days to respond to a motion for summary judgment, and seven days for the movant’s reply. A written motion aimed at a hearing that is not a trial must be served at least fourteen days before the hearing, and one aimed at a trial at least twenty-eight days before trial, though a court may shorten or lengthen either period for good cause on a party’s motion.
Division (D) adds three days to any period a party has to act after being served by mail or commercial carrier service, recognizing that receipt typically follows mailing by a day or more.
Frequently Asked Questions
How do you count a filing deadline that falls on a weekend?
You skip the day of the triggering event, count forward, and if the final day lands on a Saturday, Sunday, legal holiday, or a day the relevant office is closed, the deadline moves to the next day that is not one of those.
Can a deadline be extended after it has already passed?
Yes, but only on a motion showing that the party failed to act because of excusable neglect. Rule 6(B)(2)(e) also keeps the court from extending the time for motions under Rule 50(B), 59(B), 59(D), or 60(B) — judgment notwithstanding the verdict, a new trial, a new trial on the court’s own initiative, and relief from judgment — except as those rules themselves allow.
How long does a party have to respond to a motion for summary judgment?
Twenty-eight days after service of the motion, compared with fourteen days for most other written motions, unless a different period is fixed by another rule or court order.
What must a motion to continue a trial or hearing include?
It must be written, state the reason for the continuance, and be endorsed in writing by the party as well as counsel, though counsel may sign for a client who allows it and the judge may waive the requirement for good cause. Rule 6(B)(3) adds that the motion should explain its rationale in light of the factors courts weigh, and Rule 6(B)(2)(b) bars any continuance without a definite date for the trial or hearing.