Franklin Municipal Court, Ohio Pre-Motion Conference Requirements

CRITICAL

At suppression or dismissal hearings, the prosecution presents evidence of legality first, followed by cross-examination; the moving party then presents evidence and witnesses, followed by prosecution cross-examination, and may present rebuttal witnesses.

F. Motions to Suppress and Dismiss: It shall be the procedure of this court that all Motions to Suppress Evidence or Motions to Dismiss shall be handled in the following manner (Rule 12(a) of the Ohio Rules of Criminal Procedure): 3. The hearings on such motions shall be conducted first with a sufficient amount of evidence being presented by the prosecution to establish the legality of the acts complained of and these witnesses shall then be subject to cross-examination by the moving party. 4. The moving party shall then present the witnesses to establish his position with regard to the illegality of the acts complained of and his witnesses to show those items which he wishes to have suppressed. These witnesses shall then be subject to cross-examination by the prosecution. 5. The moving party shall then present rebuttal witnesses as he chooses.

CRITICAL

Opposing counsel must respond in the same manner within fourteen days; motions are then submitted unless the court extends time, and an oral hearing requires a written request and court approval as necessary.

Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the court. There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the court deems it necessary.

WARNING

The court decides whether to assign a motion for oral hearing, and counsel’s failure to appear may be deemed abandonment of the motion.

Assignment of any motion for court oral hearing shall be at the discretion of the court. Failure of counsel to appear for oral hearing may be deemed an abandonment of said motion.