Elyria Municipal Court, Ohio Pre-Motion Conference Requirements

CRITICAL

Default judgment motions are set for hearing before the Magistrate, and the movant must attend unless supporting documents and affidavits are submitted in lieu of appearing.

Motions for default judgment will be set for hearing before the Magistrate. Movant is required to attend said hearing unless, as provided below, supporting documents and affidavits are submitted in lieu of appearance.

CRITICAL

Unless the court orders otherwise, opposition memoranda for the specified non-dispositive procedural motions are due within seven days.

Unless otherwise ordered, the schedule for filing memoranda in opposition to a motion shall be as follows: i) seven (7) days for motions regarding parties, pleadings, discovery, scheduling or otherwise pertaining to the regulation of proceedings, except for motions that fully dispose of a claim or a party;

CRITICAL

Opposition memoranda for motions that may fully dispose of a claim or party, including the listed motion types, are due within thirty days unless the court orders otherwise.

ii) thirty (30) days for motions that may fully dispose of a claim or a party, including, motions to dismiss or summary judgment, or for judgment on the pleadings;

WARNING

Reply or additional memoranda may be filed only with leave of court and a showing of necessity.

iii) reply or additional memoranda may be filed only with leave and upon a showing of necessity; and

WARNING

Motions must be set for oral hearing unless the Court orders otherwise.

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

WARNING

Unless set by the court or required by law, oral argument on motions and evidentiary hearings are permitted only upon written request and a showing of necessity.

iv) if not set by the Court or required by law, oral arguments on motions and evidentiary hearings will be permitted only upon written request and upon a showing of necessity.

WARNING

Failure by a movant to appear at hearing on a motion may result in dismissal of the motion.

Failure by a movant to appear at hearing on a motion may result in dismissal of the motion.