Hardin County Court of Common Pleas, General & Domestic Relations Divisions Pre-Motion Conference Requirements

CRITICAL

A contested complaint or motion cannot be set for a merits hearing until it has been set for pretrial, unless the Court waives pretrial.

A. No contested Complaints or Motions shall be set for hearing on the merits until such matter has been set for pre-trial unless a pre-trial is waived by the Court.

CRITICAL

Requests for psychological evaluations, a Guardian Ad Litem, and similar relief must be made by the first scheduled pretrial unless the Court grants leave to file later.

B. Any requests for Psychological Evaluations, the appointment of a Guardian Ad Litem (GAL), etc., must be made no later than the time of the first scheduled Pre-Trial, unless leave to file said request is granted by the Court.

CRITICALCivil cases

A motion to reallocate parental rights and responsibilities may not be heard until a pretrial on the motion is conducted, unless the Court waives the requirement; the requirement does not apply to a joint motion by all interested parties.

No motion for reallocation of parental rights and responsibilities shall be heard by the Court until a pretrial is conducted on the motion, unless waived by the Court. The above provision shall not apply if the motion to reallocate parental rights and responsibilities is a joint motion made by all interested parties.

CRITICALCivil cases

A motion for conciliation must identify the conciliator, generally describe the requested procedures, guarantee their costs, and be made by the first pretrial date unless the Court grants written leave for a later filing.

Any party moving for conciliation pursuant to Ohio Revised Code Section 3105.091, shall set forth the name of the conciliator and shall generally describe the conciliation procedures requested. In addition, thereto said movant shall guarantee the costs of such conciliation procedure. Motions for conciliation shall be made no later than the first pretrial date for the case, unless leave is granted in writing by the Court to file said request at a later time.

CRITICALCivil cases

A motion requesting a conciliation procedure lasting more than 60 days must be set for an oral hearing at the earliest possible time to determine its propriety.

If such motion for conciliation requests a conciliation procedure lasting more than sixty (60) days, such motion shall be set for oral hearing at the earliest possible time in order to determine the propriety thereof.

CRITICAL

A motion to reallocate parental rights and responsibilities requires a pretrial before it can be heard unless the Court waives the pretrial; the requirement does not apply to a joint motion by all interested parties.

No motion for reallocation of parental rights and responsibilities shall be heard by the Court until a pretrial is conducted on the motion, unless waived by the Court. The above provision shall not apply if the motion to reallocate parental rights and responsibilities is a joint motion made by all interested parties.

CRITICAL

A conciliation motion requesting a procedure lasting more than 60 days must be set for an oral hearing at the earliest possible time to determine its propriety.

If such motion for conciliation requests a conciliation procedure lasting more than sixty (60) days, such motion shall be set for oral hearing at the earliest possible time in order to determine the propriety thereof.

WARNINGCivil cases

The moving party must consult the opposing side to arrange a timely, mutually agreeable hearing date; consulting the assignment clerk together is preferred when possible, and the court sets the date if the parties do not agree.

The moving party shall consult with opposing counsel, or if unrepresented, the opposing party, to arrange a hearing date that is timely and mutually agreeable. When possible, it is preferable to have all parties simultaneously consult with the courts assignment clerk as to selection of a hearing assignment. In the absence of an agreed hearing date, the court shall set a date for the hearing.

WARNING

Unless the Rules of Civil Procedure provide otherwise, a party that fails to oppose a motion within 14 days after service may be treated as admitting that the motion may be granted.

In all motions directed to the Court, unless otherwise provided in the Rules of Civil Procedure, the failure of the party against whom a motion is directed to file a brief or memorandum in opposition within fourteen (14) days from the date of service of such motion, may be construed by the Court as an admission that the motion may be granted.

WARNING

When briefs are requested, the moving party has 14 days, the opposing party has the next 14 days, and an appropriate reply is due 7 days later; the Court may adjust the schedule for good cause.

When requested by a party or by the Court, briefs shall be submitted to the Court by the plaintiff or moving party within fourteen (14) days, and by the opposing party within fourteen (14) days thereafter. A reply brief, if appropriate, will be filed within seven (7) days thereafter. The Court may extend or shorten the time for good cause. Upon failure of either party to file a brief within time, the case may be disposed of without the assistance of briefs.