Local Rules of Court

 

RULE 12 - Hearings and Submission of Motions; Objections to Discovery

(A) Motions, in general, shall be submitted and determined upon the motion and supporting documents, if applicable. Oral arguments of motions may be permitted by written application and proper showing to the court or by court order.

(B) The moving party shall serve and file with his or her motion a brief written statement of reasons in support of the motion and a list of citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing in the record, he or she shall also serve and file copies of all affidavits, depositions, photographs or other documentary evidence which he or she desires to submit in opposition to the motion.

(C) Each party opposing the motion shall serve and file within fourteen (14) days thereafter, unless another period of time is ordered by the court, a brief written statement of reasons in opposition to the motion and a list of citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing of record, he or she shall also serve and file copies of all affidavits, depositions, photographs or other documentary evidence which he or she desires to submit in opposition to the motion.

(D) Reply or additional briefs upon motions and submissions may be filed only with leave of the court.

(E) Counsel are encouraged to participate in pretrial discovery conferences to reduce, in every way possible, the filing of unnecessary discovery procedures. To curtail undue delay in the administration of justice, no discovery procedure filed under Rule 26 through 37 of the Rules of Civil Procedure to which objection or opposition is made by the responding party shall be taken under consideration by the court, unless the party seeking discovery shall first advise the court in writing that after personal consultation and sincere attempts to resolve differences they are unable to reach an accord. This statement shall recite those matters which remain in dispute, and in addition, the date, time and place of the conference, and the names of all parties participating therein. It shall be the responsibility of counsel for the party seeking discovery to initiate the conference.

(F) Sanctions. The presentation to the court of unnecessary motions, and the unwarranted opposition of motions, which in either case unduly delay the course of action through the courts, subject an offender to appropriate discipline including the imposition of costs.

(G) All motions and briefs containing references to statutes or regulations other than the Ohio Revised Code or the Ohio Rules of Court shall have attached to the motion or brief a copy of the statute or regulation. Copies of unreported court decisions cited or referred to in a motion or brief shall also be attached to the motion or brief.

(H) Summary Judgment.

All motions for summary judgment filed pursuant to Civil Rule 56 will be set for non-oral hearing on the fifteenth day following service of the motion upon the adverse party, unless a different time is set by court order. The adverse party shall serve and file opposing affidavits and memorandum prior to the day set for non-oral hearing. An oral hearing on a motion for summary judgment will not be conducted unless by order of court. Assignment of a summary judgment motion for oral argument shall not alter time periods for serving and filing briefs and permitted evidentiary materials unless specifically ordered by the court. If the adverse party also files a motion for summary judgment, the hearing date shall be from the service upon the opposing party of the latter motion.