OAC

General Rule 17

Rule 17.  Motions for Continuance.


A.            Continuances shall be granted only upon a showing of good cause.  Motions for continuance must be filed in a timely manner.  Stipulations for a continuance shall not be effective unless and until approved by the administrative law judge.

 

B.        Good cause may include but is not limited to:  death or incapacitation of a party or an attorney for a party; a court order staying proceedings or otherwise necessitating a continuance; entry or substitution of an attorney for a party a reasonable time prior to the hearing, if the entry or substitution reasonably requires a postponement of the hearing; a change in the parties or pleadings sufficiently significant to require a postponement; a showing that more time is clearly necessary to complete authorized discovery or other mandatory preparation for the hearing; or agreement of the parties to a settlement of the case which has been or will likely be approved by the final decision maker.

 

C.        Good cause normally will not include the following:  unavailability of counsel because of engagement in another judicial or administrative proceeding, unless the other proceeding was involuntarily set subsequent to the setting in the present case; unavailability of a necessary witness, if the witness¿s testimony can be taken by telephone or by deposition; or failure of an attorney or a party timely to prepare for the hearing.

 

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