Court Rules

Bellevue Municipal Court, Ohio Pre-Motion Conference Requirements

7 rules from official source documents

Pre-motion conference and letter requirements before filing motions, including sequential steps.

CRITICAL

The opposition must be served and filed within 14 days thereafter; reply or additional briefs may be filed only with leave of the Court upon a showing of necessity.

(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 l ist 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 ( 1 4) days thereafter 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 with leave of the Court only upon a showing of necessity therefore.

CRITICAL

Opposing counsel must respond in writing within fourteen days after service; motions are considered submitted at the end of that period unless the Court extends the time.

Opposing counsel shall respond inwriting within fom1een ( 1 4) days of service of the motion. All motions will be considered submitted at the end of the said fourteen ( 1 4) day period unless time is extended by the Court, in accordance with Local Rule 8 .

CRITICAL

Before the Court considers an opposed discovery procedure under Rules 26 through 37 of the Civil Rules, the requesting party must personally consult and sincerely attempt to resolve the dispute, then advise the Court in writing of the remaining disputes and conference details; requesting counsel must initiate the consultation.

To cmtail 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 patty shal l be taken under consideration by the Court, unless the paiiy 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 p lace of such conference, and the names of al l parties participating therein. It shall be the responsibility of counsel for the party seeking d iscovery to initiate such personal consultation.

CRITICAL

Motions are generally decided on the designated papers; oral argument is permitted only upon written application and a proper showing to the Court.

(A) Motions, in general, shall be submitted and determined upon the motion papers hereinafter designated. Oral arguments of motions will be permitted only on written application and proper showing to the Court.

WARNING

An attorney’s unjustified failure to appear for a criminal pretrial may result in contempt, and a defendant’s failure to appear may result in a capias.

Any attorney who fails to appear for pretrial without just cause being shown may be subject to contempt of Court. Failure of the defendant to appear for pretrial conference may result in the issuance of a capias for the defendant's arrest.

WARNING

Criminal motions are set for oral hearing unless the Court orders otherwise.

All motions shall be set for oral hearing, unless otherwise ordered by the Court.

INFO

Counsel is encouraged to participate in pretrial discovery conferences to reduce unnecessary discovery filings.

(E) Counsel is encouraged to paiticipate in pretrial d iscovery conferences to reduce, in every way possible, the filing of unnecessary discovery procedures.

Common questions about Bellevue Municipal Court, Ohio pre-motion conference requirements

Does Bellevue Municipal Court, Ohio require a pre-motion conference or letter before filing a motion?

The opposition must be served and filed within 14 days thereafter; reply or additional briefs may be filed only with leave of the Court upon a showing of necessity.

View ruleOfficial source Source: page 4, section Rule 8- Hearings and Submissions of Motions; Objections to Interrogatories

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