Discretion

• In Ohio, the procedures for an eviction hearing are strictly spelled out in the state's statutes. As a result, judges have little discretion to vary from these requirements. There are a few exceptions to these rules, however.
  
  

Failure to Show

• Ohio law is relatively clear. Under the statutes, if the tenant fails to show for an eviction hearing, the hearing goes on as if the tenant had appeared. This does not mean, however, that the landlord automatically wins the case. The landlord must still prove her case without relying upon the testimony of the tenant. In addition, the court must be satisfied that the tenant was properly served with the complaint. But if these requirements are complied with, the court does not grant a continuance and the landlord proves her case, the tenant will be evicted without appearing for the hearing.
  
  

Exceptions

• Under Ohio law, a tenant who is a member of the active duty military may qualify for some exceptions to these rules. An eviction case may be stayed for a period of 90 days or more if the tenant's active duty status has impacted the eviction in some way. The judge has discretion over this issue and may even take action on his own initiative. In addition, the judge may adjust the rent or other terms of the lease to make them fairer to the parties involved.
  
  

Continuance

• Under Ohio law, the judge has discretion to grant a continuance of the hearing for a period of up to eight days. The judge has discretion to grant a continuance of longer than eight days upon request of the tenant, but only if the tenant pays a bond to the landlord in the amount that is owed in case the tenant loses the case.