Legal Question in DUI Law in Ohio

Can I petition the court to rescind or overturn an ALS suspension after the 30 day deadline


Asked on 7/26/11, 10:26 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, Courts can and do waive missed deadlines and it is a matter of judicial discretion in most cases. The only exception is when the deadline is a jurisdictional one. For instance, if one does not file a Notice of Appeal of a final appealable order in a lawsuit within 30 days of the final appealable entry, the Court cannot grant an extension. However, if you did timely file the Notice of Appeal but missed a deadline for filing a brief, then the Court could grant leave to file it out of rule.

The answer is that in most cases, it is up to the court. If the court wants to give you a break and let you file late, then you can.

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Answered on 7/26/11, 11:43 am


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