Avon Lake Municipal Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance motion must be submitted in writing with a supporting brief stating the reasons, and a continuance requires reasonable notice or the other party’s consent.
- For a continuance sought because counsel has a same-day hearing in another court, counsel must attach that court’s notice; hearing or trial schedule conflicts are ruled on under Rule 41(B) of the Ohio Rules of Superintendence.
- The court may grant a properly submitted continuance motion for good cause, and a motion not ruled on by the hearing date is considered denied.
- +5 more
Request must include
- An application for an extension must be filed at least one day before the due date, whether or not opposing counsel consents.
- A written continuance request must be filed at least seven days before trial and include the specified case, scheduling, reason, notice, and signature information.
Document Format Requirements6 rules
The electronically produced ticket shall conform in all substantive respects to the “Ohio Uniform Traffic Ticket” set forth in the Ohio Traffic Rules’ Appendix of Forms.
(A) Motions for default judgment shall be in writing and clearly state the date the complaint was filed, the manner in which service was perfected, proof of service and the answer date.
- Default judgment motions
Formatting
- •The motion must be in writing
A document filed with the court by facsimile transmission must be legible when received by the clerk.
This rule is limited to the use and filing of an electronically generated paper ticket only and is not intended to authorize an e-ticket or paperless ticket.
A prosecuting attorney’s objection must be filed in writing to prevent the court from granting the petition without a hearing.
Court's wording
Petitions for limited driving privileges or a stay of a suspension under Administrative License Suspensions resulting from an OVI arrest will be set for hearing or may be granted by the court without hearing unless an objection to the petition has been filed in writing by the prosecuting attorney.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Avon Lake Municipal Court.
Document Filing Requirements35 rules
All entries of appearance of counsel in an action shall be in writing and shall include the name, mailing address, facsimile, e-mail address and attorney registration number.
In the event a party desires recording by stenographic means, such party must arrange for the presence and payment of a court reporter and file a written motion requesting that such individual be named as the official reporter for the hearing.
All motions for continuances shall be submitted to the court in writing and shall include a brief in support setting forth the reasons requiring the continuance.
A continuance motion based on counsel’s same-day hearing in another court must include a copy of that court’s notice.
Court's wording
When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for hearing on the same date in another court, counsel shall attach a copy of the notice received from the other court.
Once counsel has entered an appearance counsel may withdraw from a case only by written leave of court for good cause shown.
Documents filed by an attorney must include the attorney’s Supreme Court registration number or they may be refused or stricken.
Court's wording
All documents filed with the Court by an Attorney shall include the attorney registration number issued by the Supreme Court. Any document that does not include the registration number may be refused by the Clerk for filing or stricken by the Court.
(N) All trials will be scheduled before the court unless the defendant files a timely written jury demand or is otherwise afforded a right to trial by jury pursuant to law.
Motions must comply with Crim. R. 12, clearly state their grounds and supporting citations, and attach copies of foreign, federal, and unreported decisions; noncompliant or untimely motions may be summarily overruled.
Court's wording
(H) All motions shall be made in conformity with Crim. R 12. All motions shall set forth clearly and specifically the grounds for the Motion and supporting citations (copies of foreign, federal and unreported decisions to be attached). Any motions filed, which are not in compliance with this Rule, or with the applicable Rules of Criminal procedure, or are untimely filed, may be summarily overruled.
In the event the Defendant refuses discovery as set forth in this Rule the Defendant shall file a statement with the court that the Defendant has refused discovery.
In Motions to Suppress, the items of evidence shall be specified.
All recommendations for withdrawal, reduction or dismissal of charges and the reasons therefore shall be made in open court by the Prosecuting Attorney, or shall be specifically set forth in writing in the case file or in the Judgment Entry setting forth the plea. No such recommendation shall be binding until and if approved by the Court.
Each ticket shall conform with the Ohio Uniform Traffic Ticket (UTT) in the Appendix of Forms to the Ohio Traffic Rules including the court record, abstract of court record, defendant’s copy and agency record.
(B) Each motion shall include a certificate of service attesting to service upon the opposing party or, if represented by counsel, upon counsel for such party.
- Document
- Motion
Must include
- •Certificate of service
(B) Upon representation that a party is indigent, such party shall file a written motion and affidavit setting forth his or her income and expenses, and the court shall rule upon the same.
(C) Motions shall be supported by a brief citing applicable case and statutory law.
In jury cases, attorneys seeking specific instructions must file proposed jury instructions at least seven days before trial.
Court's wording
(C) In all jury cases, attorneys for all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the court, and serve the same upon opposing counsel.
A trial brief must state the issues and authorities, and list the party’s intended witnesses and trial exhibits.
- Document
- Trial brief
Must include
- •Exhibit list
Court's wording
(B) The briefs shall state the issues involved in the case, authorities upon which counsel intends to rely at trial, a list of witnesses the party intends to call and a list of all exhibits the party intends to introduce at trial.
(A) Motions for default judgment shall be in writing and clearly state the date the complaint was filed, the manner in which service was perfected, proof of service and the answer date.
All appeals filed from suspensions imposed by the Bureau of Motor Vehicles or petitions for driving privilege from suspensions imposed by the Bureau of Motor Vehicles shall contain the following information: 1. Copy of BMV Suspension Notice; or
Said appeals and petitions are to be requested under the underlying traffic case number
- Document
- Appeal or petition
Include
- •Case number
(A) If the business is incorporated or is a limited liability company then an officer must sign the Small Claims Petition.
In the event the contact is by telephone the person shall immediately send confirmation of the dismissal in writing.
A continuance request must be in writing and include the listed case information, reason, trial date and time, notification statement, and signature.
Court's wording
(B) The request shall be in writing and shall include: 1. The case caption and case number; 2. The reason for the request; 3. The date and time of the scheduled trial; 4. A statement signed by the moving party that he or she has notified the other parties in writing by ordinary United States mail of the request; and 5. The signature of the party requesting the continuance, or of his or her attorney.
(A) Any party seeking to join a new party to a pending case must file a third party complaint at least ten days before the scheduled trial date.
A party desiring to present a document shall present 3 copies of each document at the time of introducing the document at trial.
Objections must be in writing and shall contain a statement signed by the filing party that copies have been served on all other parties by regular mail.
When a counterclaim, cross-claim or third party claim exceeds the jurisdiction of the Small Claims Division, a motion to transfer must accompany it.
Any documents and witnesses that a party desires to be considered must be produced at the time of trial and cannot be produced afterwards.
In cases involving a motor vehicle collision, the party seeking damages must submit at trial a certificate of title for the subject vehicle demonstrating his or her ownership. Vehicle registration will not be accepted as evidence.
Objections shall summarize the evidence presented at trial and shall state with particularity the grounds for the objection. They shall be signed by the objecting party and be sworn before a notary public.
(C) In the event the defendant personally or through counsel in writing objects to the matter being held by video transmission, the proceedings shall take place in person in the courtroom.
In lieu of the initial appearance, and except as otherwise provided in this Rule, an attorney may enter a plea in writing provided the attorney waives the time for speedy trial, and requests that a pretrial be scheduled.
Written notice of the pretrial hearing date shall be provided to the defendant and counsel, if present, prior to leaving court.
A properly signed Small Claims Petition may be filed in person by anyone or mailed with the appropriate filing fee.
Court's wording
(B) Anyone can physically file a Small Claims Petition that has been properly signed by an officer or owner (or a properly completed Small Claims Petition can be mailed with the appropriate filing fee).
A small claims complaint should be written in plain, concise language.
Court's wording
(A) The plaintiff may begin a small claims action by filing a complaint and paying the required costs. The complaint should be written in plain, concise language. All pleadings will be construed to accomplish substantial justice.
Filing & Service rules
Electronic Filing Rules
Pleadings, motions, and other documents may be filed by fax, except original complaints and pleadings joining or adding a new party, provided the original is filed within three business days of receipt.
All pleadings, motions, or other documents other than the original complaint or any other pleading that joins or adds a new party, may be transmitted to the court by facsimile transmission provided that the original of the document is filed with the court within three business days of the receipt of the facsimile.
Page 2 | Rule 6. Facsimile filing
Documents filed by fax under this rule must be sent directly through the Clerk of Court’s fax machine at (440) 930-4128.
A document filed under this rule must be transmitted directly through the clerk of court's facsimile machine at (440) 930-4128.
Page 2 | Rule 6. Facsimile filing
Filing Timing and Cure Windows
A faxed document is deemed filed when the Clerk receives and time-stamps it.
It shall be deemed filed when received and time-stamped by the clerk.
Page 2 | Rule 6. Facsimile filing
Costs associated with a fax filing must be paid within three days after the document is received by fax.
Such costs shall be paid within three days of the receipt of the document by facsimile transmission.
Page 2 | Rule 6. Facsimile filing
A document received by fax outside the court’s regular business hours is deemed filed on the next business day.
Any document received outside of the regular business hours of the court shall be deemed filed as of the next business day.
Page 2 | Rule 6. Facsimile filing
The original of a document faxed to the court must be filed within three business days after the fax is received; the court may strike the document if the original is not timely filed.
All pleadings, motions, or other documents other than the original complaint or any other pleading that joins or adds a new party, may be transmitted to the court by facsimile transmission provided that the original of the document is filed with the court within three business days of the receipt of the facsimile.
Page 2 | Rule 6. Facsimile filing
A person charged with a waivable traffic offense may file a written not-guilty plea requesting trial or pretrial, and must file it before the initial-appearance date.
A person charged with a traffic offense that may be waived may enter a not guilty plea in writing and request a trial or a pretrial.. Such writing must be filed with the court prior to the date of the initial appearance.
Page 5 | Rule 14. Appearance of the defendant
A motion to suppress must be filed no later than fourteen days after the first pretrial unless the court grants leave to file later.
(L) A Motion to Suppress shall be filed no later than fourteen days after the first pretrial, unless leave to file is granted by the court.
Page 7 | MOTION PRACTICE
The jury-trial deposit is due within 60 days after the pleading containing the demand is filed.
(D) When a jury trial is demanded, the party requesting the same shall make an advance deposit within 60 days after the filing of the pleading that contains the jury demand. If the deposit is not timely made, the jury demand will be waived and the case will proceed as a trial before the court.
Page 11 | CIVIL DIVISION, Rule 24(D)
The court must be notified of the withdrawal of a jury demand no later than seven days before trial.
(B) Notice to the court of the withdrawal of a jury demand shall be made no later than seven days prior to the date of trial.
Page 12 | CIVIL DIVISION, Rule 29(B)
When a court order requires a trial brief, counsel for each party must file it at least seven days before trial.
(A) Where a trial brief is required by order of court, counsel for each party shall file a copy with the court and serve the same and all other counsel at least seven days prior to the commencement of trial.
Page 13 | Rule 30. Trial briefs and jury instructions
Unless the court orders otherwise, the plaintiff must submit an entry within fourteen days after the telephone notice.
The plaintiff must submit an entry within fourteen days of such telephone notification, unless otherwise ordered by the court.
Page 13 | Rule 31. Notification of settlements
In jury cases, attorneys seeking specific instructions must file proposed instructions at least seven days before trial.
(C) In all jury cases, attorneys for all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the court, and serve the same upon opposing counsel.
Page 13 | Rule 30. Trial briefs and jury instructions
Counterclaims and cross-claims must be filed with the court at least seven days before trial.
(A) All counterclaims and cross-claims must be served upon the opposing parties and file with the court at least seven days before the scheduled trial.
Page 18 | Rule 44. Counterclaims, cross-claims
Subpoenas must be filed at least seven days before trial, with the filing fee and witness fees paid when filed.
All subpoenas must be filed seven days prior to the scheduled trial date with the filing fee and witness fees paid at the time of filing.
Page 18 | Rule 48. Subpoenas
A third party complaint must be filed at least ten days before the scheduled trial date.
(A) Any party seeking to join a new party to a pending case must file a third party complaint at least ten days before the scheduled trial date.
Page 18 | Rule 45. Third party claims
A motion to transfer a small claims matter to the regular civil docket must be filed at least seven days before trial.
A motion to transfer a small claims matter to the regular civil docket shall be filed at least seven days before the scheduled trial date.
Page 19 | Rule 49. Motions to transfer to the regular civil docket
Pretrial motions must be filed and served on opposing parties at least seven days before trial; untimely motions will be stricken.
All pretrial motions shall be filed and served upon the opposing parties at least seven days before the scheduled trial date. Motions that are not timely filed shall be stricken from the file.
Page 19 | Rule 50. Other pretrial motions
A party may file objections within fourteen days after the Magistrate's decision is filed.
Any party may, within fourteen days of the filing of a decision by the Magistrate, file objections.
Page 19 | Rule 53. Objections to the magistrate's decision
The other party has ten days thereafter to file objections.
Thereafter, the other party shall have a period of ten days to file objections.
Page 19 | Rule 53. Objections to the magistrate's decision
The Clerk may reject a faxed document that is wholly or partly illegible and must notify the sender as soon as practicable.
The clerk may reject any document which is illegible, either in whole or in part, and shall notify the sender of the same as soon as practicable.
Page 2 | Rule 6. Facsimile filing
Before arraignment, defense counsel may file a written appearance and not-guilty plea under Crim. R. 10(B), except for the offenses listed in Local Rule 17(D).
Prior to arraignment, Defendant's counsel may file a written appearance and a plea of not guilty pursuant to Crim. R. 10(B), except for those offenses listed in Local Rule 17(D) below.
Page 5 | Rule 17. Case management — PLEAS
An untimely motion to transfer will be stricken from the file.
An untimely motion to transfer shall be stricken from the file.
Page 19 | Rule 49. Motions to transfer to the regular civil docket
Service and Proof of Service Rules
After counsel enters an appearance, all documents filed with the court and court entries must be served on the designated counsel.
Upon the entry of appearance of counsel, all documents filed with the court and entries of the court shall be served upon the designated counsel.
Page 2 | Rule 7. Appearance and withdrawal of counsel
Counsel must serve the client with a copy of the written motion to withdraw.
A copy of the written Motion to Withdraw shall be served upon the client and counsel shall comply with Prof. Cond. Rule 1.16.
Page 3 | Rule 7
With the exception of felony cases, and unless the court is notified in writing by the Prosecutor prior to the arraignment, counsel for the Defendant shall be provided discovery by the Prosecutor on or before the first pretrial hearing. Discovery shall include: 1. Any written or recorded statement of the defendant or co-defendant or a summary of any such oral statement; 2. Any prior criminal record of the defendant, and in a traffic case, the prior traffic record of the defendant. 3. Documents or tangible objects which may be material to the defense or used at the trial, or which were obtained from or belong to the defendant. 4. Reports of tests or examinations made in connection with the case; accident reports, and in OVI cases, calibration information and alcohol influence reports. 5. A written list of the names and addresses of all known witnesses intended to be called at trial.
With the exception of felony cases, and unless the court is notified in writing by the Prosecutor prior to the arraignment, counsel for the Defendant shall be provided discovery by the Prosecutor on or before the first pretrial hearing. Discovery shall include: 1. Any written or recorded statement of the defendant or co-defendant or a summary of any such oral statement; 2. Any prior criminal record of the defendant, and in a traffic case, the prior traffic record of the defendant. 3. Documents or tangible objects which may be material to the defense or used at the trial, or which were obtained from or belong to the defendant. 4. Reports of tests or examinations made in connection with the case; accident reports, and in OVI cases, calibration information and alcohol influence reports. 5. A written list of the names and addresses of all known witnesses intended to be called at trial.
Page 6 | DISCOVERY
When an electronically produced ticket is issued at the scene, the issuing officer must serve the defendant with a paper copy as required by Ohio Traffic Rule 3(E).
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall serve the defendant with the defendant’s paper copy of the ticket as required by Rule 3 (E) of the Ohio Traffic Rules.
Page 10 | Rule 23. Use of electronically produced ticket
Each motion must be served on the opposing party or, if represented, that party’s counsel, and the motion’s certificate must attest to that service.
(B) Each motion shall include a certificate of service attesting to service upon the opposing party or, if represented by counsel, upon counsel for such party.
Page 11 | CIVIL DIVISION, Rule 26(B)
In jury cases, attorneys seeking specific instructions must serve proposed instructions on opposing counsel at least seven days before trial.
(C) In all jury cases, attorneys for all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the court, and serve the same upon opposing counsel.
Page 13 | Rule 30. Trial briefs and jury instructions
When a court order requires a trial brief, counsel for each party must serve it on all other counsel at least seven days before trial.
(A) Where a trial brief is required by order of court, counsel for each party shall file a copy with the court and serve the same and all other counsel at least seven days prior to the commencement of trial.
Page 13 | Rule 30. Trial briefs and jury instructions
File enough copies of the garnishment affidavit for service on the garnishee and other required parties.
(B) Sufficient copies of the affidavit shall be filed for service upon the garnishee and such parties as are required to be served, and the garnishee fee shall accompany the affidavit.
Page 14 | Rule 35. Garnishment of personal earnings or property
File enough copies of the execution order for service on all parties required to be served.
(B) Sufficient copies of the order shall be filed for service upon such parties as are required to be served, and the applicable fees shall accompany the order.
Page 14 | Rule 36. Proceedings in aid of execution
Counterclaims and cross-claims must be served on opposing parties at least seven days before trial.
(A) All counterclaims and cross-claims must be served upon the opposing parties and file with the court at least seven days before the scheduled trial.
Page 18 | Rule 44. Counterclaims, cross-claims
A party filing a counterclaim or cross-claim must send copies to all opposing parties by regular U.S. mail.
(B) Any party filing such pleadings shall send copies to all opposing parties by regular U.S. mail.
Page 18 | Rule 44. Counterclaims, cross-claims
The Clerk must serve the new party defendant with the third party complaint in the same manner as the original complaint.
(B) The Clerk shall serve the new party defendant with the third party complaint in the same manner as the original complaint.
Page 18 | Rule 45. Third party claims
The moving party must notify the other parties of a continuance request in writing by ordinary United States mail and include a signed statement confirming notification.
(B) The request shall be in writing and shall include: 1. The case caption and case number; 2. The reason for the request; 3. The date and time of the scheduled trial; 4. A statement signed by the moving party that he or she has notified the other parties in writing by ordinary United States mail of the request; and 5. The signature of the party requesting the continuance, or of his or her attorney.
Page 18 | Rule 46. Continuances
Copies of objections must be served on all other parties by regular mail, and the filing must include a signed statement that service occurred.
Objections must be in writing and shall contain a statement signed by the filing party that copies have been served on all other parties by regular mail.
Page 19 | Rule 53. Objections to the magistrate's decision
Pretrial motions must be served on opposing parties at least seven days before the scheduled trial date.
All pretrial motions shall be filed and served upon the opposing parties at least seven days before the scheduled trial date.
Page 19 | Rule 50. Other pretrial motions
Unless the court orders otherwise, the plaintiff must notify the opposing party when a scheduled hearing is canceled because of a voluntary dismissal.
(B) It shall be the responsibility of the plaintiff to notify the opposing party of the cancellation of any scheduled hearing due to voluntary dismissal unless otherwise ordered by the court.
Page 13 | Rule 31. Notification of settlements
Filing Fees and Waivers
A party filing by fax is responsible for the transmission cost and all court costs associated with the filing.
A party filing a pleading, motion, or other document by facsimile transmission shall be responsible for the cost of transmission. Further, the party is responsible for payment of all court costs associated with the filing of the document.
Page 2 | Rule 6. Facsimile filing
A document will be stricken from the file if the costs are not paid on time.
Failure to timely pay the costs will result in the document being stricken from the file.
Page 2 | Rule 6. Facsimile filing
A party demanding a jury trial must make the advance deposit within 60 days after filing the pleading containing the demand; otherwise, the jury demand is waived and the case proceeds as a bench trial.
(D) When a jury trial is demanded, the party requesting the same shall make an advance deposit within 60 days after the filing of the pleading that contains the jury demand. If the deposit is not timely made, the jury demand will be waived and the case will proceed as a trial before the court.
Page 11 | CIVIL DIVISION, Rule 24(D)
The filing fee must be deposited before an action or proceeding is accepted, but the court may waive the deposit for a public entity, which must promptly pay any costs assessed at the case’s conclusion.
(A) Except as hereinafter provided no action or proceeding shall be accepted for filing by the Clerk of Court unless there is first deposited the filing fee set forth in the schedule of costs established from time to time by the court. The court in its discretion may waive the deposit otherwise required for filings made by a public entity, provided that in the event costs are assessed against the entity upon conclusion of the case that the entity shall promptly pay any costs so assessed.
Page 11 | CIVIL DIVISION, Rule 24(A)
Trials are set before the court unless a party files a timely jury demand and makes the required advance deposit, or is otherwise entitled to a jury by law.
(A) All trials shall be set before the court unless a party to the action files a timely jury demand and makes the required advance deposit as required by Local Rule 23(D) or is otherwise entitled to a jury pursuant to law.
Page 12 | CIVIL DIVISION, Rule 29(A)
A satisfaction of judgment may not be entered until all court costs are paid.
(A) A Satisfaction of Judgment shall not be entered unless all court costs have been paid.
Page 14 | Rule 33. Satisfaction of judgment
The garnishee fee must accompany the garnishment affidavit.
(B) Sufficient copies of the affidavit shall be filed for service upon the garnishee and such parties as are required to be served, and the garnishee fee shall accompany the affidavit.
Page 14 | Rule 35. Garnishment of personal earnings or property
Applicable fees must accompany an order filed in a proceeding in aid of execution.
(B) Sufficient copies of the order shall be filed for service upon such parties as are required to be served, and the applicable fees shall accompany the order.
Page 14 | Rule 36. Proceedings in aid of execution
The person filing an appeal or petition must pay the established court cost when filing it.
the person filing the request shall pay the established court cost for filing the same at the time of filing the Appeal or Petition.
Page 15
A plaintiff beginning a small claims action by complaint must pay the required costs.
(A) The plaintiff may begin a small claims action by filing a complaint and paying the required costs. The complaint should be written in plain, concise language. All pleadings will be construed to accomplish substantial justice.
Page 17 | Rule 43. Pleadings
A Small Claims Petition mailed to the court must include the appropriate filing fee.
(B) Anyone can physically file a Small Claims Petition that has been properly signed by an officer or owner (or a properly completed Small Claims Petition can be mailed with the appropriate filing fee).
Page 17 | Rule 41. Corporation or Limited Liability Company as a party
The filing fee and witness fees for subpoenas must be paid at the time the subpoena is filed.
All subpoenas must be filed seven days prior to the scheduled trial date with the filing fee and witness fees paid at the time of filing.
Page 18 | Rule 48. Subpoenas
If a costs judgment appears unsatisfied, the clerk may refuse a new filing by or for that party unless the unpaid costs are first paid or the court orders otherwise.
(C) When a judgment for costs against a party appears unsatisfied, the clerk may refuse to accept for filing any new action or proceeding instituted by or on behalf of such party, unless otherwise ordered by the court, without such party first making payment to the clerk of such unpaid costs.
Page 11 | CIVIL DIVISION, Rule 24(C)
Sealing & Redaction Procedures
The Clerk must redact Social Security numbers, victim or alleged victim names and information, and operator’s license numbers from document copies, except when disclosure is required by law or necessary for prosecution or defense.
The Clerk shall not provide a copy of any document, except as required by law and except as may be necessary for the prosecution or defense of a case, without redacting the following information: (i) Social Security Number (ii) Name of any victim or alleged victim (iii) Information regarding any victim including but not limited to the address and telephone number of any victim (iv) Operator’s license number.
Page 1 | Rule 3. File management
Pre-Motion Conference Requirements
Unless another rule or court order provides otherwise, a party opposing a motion has 14 days from service to file an opposition brief citing applicable case and statutory law.
(A) Unless otherwise provided in the Ohio Rules of Civil Procedure, these Local Rules or order of court a party opposing a motion shall have fourteen days from the date of service to file a brief in opposition citing applicable case and statutory law brief.
Page 12 | CIVIL DIVISION, Rule 27(A)
Any motion not heard or decided before trial will be disposed of at trial.
(J) All motions not heard or decided prior to trial will be disposed of at the time of trial.
Page 7 | MOTION PRACTICE
Any motion not heard or decided before trial will be disposed of at trial.
(D) All motions not heard or decided prior to trial will be disposed of at the time of trial.
Page 12 | CIVIL DIVISION, Rule 27(D)
The court may construe a party’s failure to file an opposition brief as an admission that the motion may be granted.
(C) The failure of a party to file a brief in opposition may be construed by the court as an admission that the motion may be granted.
Page 12 | CIVIL DIVISION, Rule 27(C)
Adjournment & Extension Requirements
A continuance motion must be submitted in writing with a supporting brief stating the reasons, and a continuance requires reasonable notice or the other party’s consent.
All motions for continuances shall be submitted to the court in writing and shall include a brief in support setting forth the reasons requiring the continuance. No continuance shall be granted without reasonable notice or consent of the other party(s) or their counsel.
Page 3 | Rule 8. Continuances
The court may grant a properly submitted continuance motion for good cause, and a motion not ruled on by the hearing date is considered denied.
Motions for continuance, when submitted in accordance with the above, will be granted in the discretion of the court for good cause shown. A continuance that has not been ruled on by the date of the hearing shall be considered denied.
Page 3 | Rule 8. Continuances
For a continuance sought because counsel has a same-day hearing in another court, counsel must attach that court’s notice; hearing or trial schedule conflicts are ruled on under Rule 41(B) of the Ohio Rules of Superintendence.
When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for hearing on the same date in another court, counsel shall attach a copy of the notice received from the other court. Motions for continuance sought due to a conflict in hearing or trial schedules shall be ruled upon in accordance with Rule 41(B) of the Rules of Superintendence for the Courts of Ohio.
Page 3 | Rule 8. Continuances
When necessary, an arraignment may be continued for no more than one week unless the Judge approves a longer period.
(C) CONTINUANCES: In cases where a continuance is necessary, the arraignment may be continued for no longer than one (1) week, unless the Judge approves a longer period.
Page 5 | Rule 17. Case management — CONTINUANCES
Further leave to move or plead requires court approval, notice to the opposing party or counsel, and good cause; counsel’s consent may be filed as a journal entry and is evidence of good cause but is not sufficient by itself.
(B) Any leave to move or plead thereafter may be had only with the approval of the court, with notice to the opposing party or counsel, and for good cause shown. Consent of counsel may be filed as a journal entry in the case and shall be evidence of good cause shown. Consent of the opposing party or counsel shall not, in and of itself, constitute good cause.
Page 11 | CIVIL DIVISION, Rule 25(B)
An application for an extension must be filed at least one day before the due date, whether or not opposing counsel consents.
(C) Applications for extensions of time, regardless of consent of opposing counsel must be filed at least one day prior to the due date.
Page 11 | CIVIL DIVISION, Rule 25(C)
A written continuance request must be filed at least seven days before trial and include the specified case, scheduling, reason, notice, and signature information.
(A) A request for a continuance of a case set for trial shall be filed in writing at least seven days prior to the trial date. (B) The request shall be in writing and shall include: 1. The case caption and case number; 2. The reason for the request; 3. The date and time of the scheduled trial; 4. A statement signed by the moving party that he or she has notified the other parties in writing by ordinary United States mail of the request; and 5. The signature of the party requesting the continuance, or of his or her attorney.
Page 18 | Rule 46. Continuances
A continuance will not be granted on the trial date to submit additional documents or witnesses.
No continuances will be granted on the date of trial to submit additional documents or witnesses.
Page 19 | Rule 52. Evidence at trial
Except in forcible entry and detainer actions, a party unprepared to move or plead on answer day may apply for one extension of up to 30 days without notice to the opposing party or counsel.
(A) Except in actions for forcible entry and detainer, when a party is not prepared to move or plead on the answer day, one extension of time may be had upon application to the court and without notice to the opposing party or counsel for a period not exceeding thirty days.
Page 11 | CIVIL DIVISION, Rule 25(A)
A request to extend the deadline for an opposition brief may be made before the 14-day period expires.
(B) A motion to extend the time for filing the brief in opposition may be requested prior to the expiration of the fourteen days.
Page 12 | CIVIL DIVISION, Rule 27(B)
Chambers Communication Rules
A party or counsel who expects a motion hearing to last more than one hour must notify the court so sufficient time can be scheduled.
(K) In any case where a party or counsel anticipates that a motion hearing will require more than one hour, it is the responsibility of the party or counsel to notify the court so that adequate time can be scheduled.
Page 7 | MOTION PRACTICE
Pleas and appearances will not be accepted by telephone.
No plea or appearance will be accepted by telephone.
Page 5 | Rule 17. Case management — PLEAS
For a settlement or voluntary dismissal, the court will accept telephone notice from the person pursuing each claim.
(A) In cases of settlement or voluntary dismissal, the court will accept notice of the same by telephone from the person pursuing each claim.
Page 13 | Rule 31. Notification of settlements
A person asserting a claim may contact the Clerk of Court in person, by mail, or by telephone to dismiss the claim.
A person asserting a claim may dismiss the claim by contacting the office of the Clerk of Court in person, by mail, or by telephone.
Page 18 | Rule 47. Dismissals