Is the Prosecutor’s Office required to send a copy of the Motion for Continuance out to the victim? If so, does the Court need to hold the Motion to give the victim time to voice their opinion?
If requested, the prosecutor shall provide the victim with reasonable and timely notice of changing court dates and times. The court does not need to hold a hearing for every continuance. Marsy’s Law provides the victim the right to object to unreasonable delay and excessive continuances. Ohio Crime Victim Justice Center suggests that the prosecutor objects to unreasonable delay when the case exceeds the Ohio Supreme Court guidelines for case completion unless exigent circumstances exist to make the delay necessary. The victim may request that the prosecutor object to unreasonable delays. The victim may also object to unreasonable delays pro se or through counsel. If the victim has counsel, implementing legislation may require the parties and courts to provide motions and notices of hearings and continuances to victim counsel in the same way the court provides notice to the parties.