Verbal Motion Continuance Guide

Summary

In Ohio, to request a continuance verbally, stand when your case is called, address the judge respectfully, and clearly state your request. Only a judge can grant or deny a continuance, not the plaintiff. If the plaintiff is absent in an eviction hearing, the judge may dismiss the case without prejudice or continue it. A case might be dismissed with prejudice if the plaintiff repeatedly fails to appear or acts in bad faith, such as making false statements or threats. Selling a home without proper notice or a real estate agents threats could be considered bad faith. A verbal agreement on rent can be significant if supported by evidence, even if the witness is a dependent.

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How do I make a verbal motion for a continuance to find lawyer
Hi ****! To make a verbal motion for a continuance to find a lawyer, you should:
*. Stand up when your case is called.
*. Address the judge respectfully (e.g., "Your Honor").
*. Clearly state your request: "I respectfully request a continuance to obtain legal representation."
Which state are you located in? This can help tailor the advice further.
Ohio
In Ohio, you can request a continuance verbally, but it's important to follow proper court procedures. Here are the steps to make a verbal motion for a continuance to find a lawyer:
- Stand up when your case is called.
- Address the judge respectfully: "Your Honor."
- Clearly state your request: "I respectfully request a continuance to obtain legal representation."
Would you like more details on the procedure or need help with something else?
can a plaintiff deny a request for a continuance to obtainegal council
In Ohio, a plaintiff cannot directly deny a request for a continuance; only the judge has the authority to grant or deny such requests. The judge will consider the reasons for your request and the circumstances of the case before making a decision.
Do you have any other questions or need more details on this topic?
If the plaintiff I. An eviction hearing is not present in court what can happen in Ohio
If the plaintiff in an eviction hearing is not present in court in Ohio, the judge may:
- Dismiss the case without prejudice, allowing the plaintiff to refile.
- Continue the case to a later date.
- In some instances, rule in favor of the defendant if there is sufficient evidence.
Do you need information on any other legal matters?
If the plaintiff does not show for the eviction hearing and I (the defendant) also need to still find legal counsel what are the judges options then
If the plaintiff does not show up for the eviction hearing and you, the defendant, also need to find legal counsel, the judge in Ohio may:
- Dismiss the case without prejudice, allowing the plaintiff to refile.
- Continue the case to a later date to allow both parties to be present and prepared.
Do you need help with any other aspect of your case?
Is there ever a case where the Judge might dismiss with Prejudice in an eviction hearing
Yes, a judge might dismiss an eviction case with prejudice in certain circumstances, such as:
- The plaintiff repeatedly fails to appear in court or follow court orders.
- The case is found to be frivolous or without merit.
- There is evidence of bad faith or misconduct by the plaintiff.
Do you need more details on any of these points?
What would be evidence of bad faith or misconduct
Evidence of bad faith or misconduct can include:
- False statements or fraudulent evidence.
- Intentional delay tactics.
- Harassment or intimidation of the defendant.
- Filing the case with no legal grounds.
Would you like more information on how to prove these in court?
Could selling the home without 30 day notice to me be considered bad faith
Possibly. In Ohio, landlords are generally required to provide a *-day notice for termination of a month-to-month tenancy. Selling the property without proper notice could be considered bad faith, especially if it violates the lease terms or local laws.
Are you a tenant or property owner in this situation?
Yes
Are you currently facing an eviction hearing where the home was sold without the required *-day notice? This could potentially be considered bad faith and may be relevant in your case.
Could the hired real estate agent making threats such as "If you tell people what is really wrong with the house it would not be in your best interest" be considered bad faith
Yes, the real estate agent's threats could be considered bad faith. In Ohio, bad faith can include actions like:
- Coercion or threats to withhold truthful information.
- Misrepresentation or concealment of important facts.
- Unfair or deceptive practices that harm the other party.
Would you like more details on how to address this in your case?
Yes, as well as that there was a verbal agreement between myself and the plaintiff for no rent as long as we paid bills
In Ohio, a verbal agreement can be significant, especially if there are witnesses or evidence supporting it. To address bad faith:
- Gather evidence of the verbal agreement and threats.
- Document all interactions with the real estate agent.
- Consider presenting this information to the judge.
Do you need guidance on how to collect and present this evidence in court?
No, what if the witness to the verbal agreement is also a dependent in the eviction
If the witness to the verbal agreement is also a dependent involved in the eviction, their testimony might still be valuable but could be scrutinized due to potential bias.
- Ensure their statement is clear and consistent.
- Gather additional evidence to support the verbal agreement.
- Consider any other independent witnesses or documentation.
Do you need more information on gathering evidence or presenting your case?