Highland County Court of Common Pleas, Ohio Pre-Motion Conference Requirements

CRITICAL

The opposing party has five business days to file its opposition memorandum and supporting documentation.

The opposing party shall have five (5) business days to file a memorandum and documentation opposing the motion.

CRITICAL

The Court sets a non-oral hearing date; a party seeking oral argument must file its hearing request with its pleadings, and the Court may also set oral argument on its own motion.

A non-oral hearing date shall be set by the Court. If any party desires to have oral argument on the motion, a request for oral hearing on the date set shall be filed by that party with the pleadings filed by that party. The Court may also set the motion for an oral hearing on its own motion.

CRITICAL

After the transcript is filed, the movant has 14 days to file a supporting memorandum, the opposing party has 14 days after receiving it to oppose, and the movant may reply within 7 days after receiving the opposition.

The movant shall file a written memorandum in support of the objections within fourteen days of the filing of the transcript. The opposing party shall file a memorandum in opposition within fourteen (14) days of receipt of the movant’s memorandum. Movant may file a reply memorandum within seven (7) days of receipt of the opposing memorandum.

CRITICAL

A motion to enforce discovery, for sanctions, or for a protective order must state the moving party’s efforts to resolve the issues before filing.

Any motion filed seeking enforcement of discovery requests, sanctions or protective orders shall set forth the efforts of the moving party to resolve the issues prior to the filing of the motion.

CRITICAL

The Court must set an evidentiary hearing if a motion requires factual findings and the parties do not stipulate to the facts.

If the issues to be determined in the motion require findings of fact and the parties do not stipulate to the facts, the Court shall set an evidentiary hearing on the motion.

CRITICAL

When the opposing party files a summary-judgment motion, the original movant must respond within 28 days and file a reply within 7 days after service of the motion.

If the opposing party files a motion for summary judgment, the original moving party shall file a response within twenty-eight days and the reply shall be filed within seven days of the service of the motion.

CRITICAL

The Court sets a non-oral hearing date; a party seeking oral argument must file its hearing request with its pleadings, and the Court may also set oral argument on its own motion.

A non-oral hearing date shall be set by the Court. If any party desires to have oral argument on the motion, a request for oral hearing on the date set shall be filed with the pleadings filed by that party. The Court may also set the motion for an oral hearing on its own motion.

CRITICAL

A response to a motion for summary judgment may be served within twenty-eight days of the service of the motion and the movant’s reply to the response shall be served within seven days of the service of the response.

A response to a motion for summary judgment may be served within twenty-eight days of the service of the motion and the movant’s reply to the response shall be served within seven days of the service of the response.

CRITICAL

Responses to a written motion except a motion for summary judgment may be served within fourteen days after service of the motion and the movant’s reply to the response shall be filed within seven days after service of the response.

Responses to a written motion except a motion for summary judgment may be served within fourteen days after service of the motion and the movant’s reply to the response shall be filed within seven days after service of the response.

WARNING

The parties are expected to resolve discovery disputes between themselves without court intervention.

The court expects the parties to resolve discovery issues between them without court intervention.

WARNING

The Court will not hold an oral hearing on objections unless a party moves and shows good cause; no additional evidence is heard at a granted hearing, and qualifying newly available evidence results in a limited remand.

Unless a motion for oral hearing is filed by a party and good cause therefore is shown, the Court will not conduct an oral hearing on the objections, but will make an independent review of the objections, transcript and record and issue a ruling. If oral hearing is granted, the Court will not hear additional evidence. If a party demonstrates pursuant to Civil Rule 53(D)(4) that there is additional evidence that with reasonable diligence could not have been produced by that party for consideration by the Magistrate, the Court will remand the matter back to the Magistrate for further hearing on that evidence and any evidence opposing that new evidence only.

WARNING

Unless a party requests oral argument in the pleadings or the Court sets it on its own motion, the Court will decide the motion based on the submitted memoranda.

Unless oral argument is requested by any party in the pleadings, or set by the Court on its own motion, the issues in the motion will be determined by the Court based upon the memoranda submitted.

INFO

The Court may set an oral hearing on its own motion or on a party’s written motion with the Court’s consent; the provision does not apply to motions under the listed Ohio Civil Rules.

Motions may be set for an oral hearing on the court’s motion or on any party’s written motion with consent of the court. This Rule shall not apply to motions filed under Ohio Civil Rules 22, 23, 24, 55, 56, 65 and 75.

INFO

The Rule excludes motions under Ohio Civil Rules 55, 65, and 75 and specified procedural motions, which the Court may decide immediately without a response.

This Rule shall not apply to motions filed under Ohio Civil Rules 55, 65 and 75 or to procedural motions such as motions for extension of time deadlines, continuances, leave to file a pleading, leave to withdraw as counsel and similar motions which may be decided immediately by the Court without a response from the other parties to the action.