Medina County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Adjournments
- A party must promptly file a written continuance motion stating the reason once the party becomes aware that a continuance is necessary.
- A party seeking more than the automatic leave must request it by filing a motion.
- A continuance of a trial or hearing requires a written motion stating the reason and whether opposing counsel objects or consents.
- +11 more
Request must include
Page & Word Limits1 rule
Supporting and opposing memoranda, including administrative appeals, are limited to 15 pages excluding supporting documents unless leave of Court is first obtained.
A supporting or opposing memorandum, including administrative appeals, shall not exceed fifteen (15) pages, exclusive of any supporting documents, without first seeking leave of the Court.
Supporting Or Opposing Memorandum
15 pages
Document Format Requirements4 rules
Original documents submitted for filing must not be stapled.
Original documents presented for filing with the Clerk of Courts shall not be stapled.
Copies of documents submitted for time-stamping must be stapled.
All copies of documents presented for time-stamping must be stapled.
For an out-of-county witness, the subpoena must include by check the one-day attendance and mileage fee payable to the witness and identify the fee amount and judge or magistrate in the upper-right corner.
If the witness being subpoenaed resides outside the county, the fee for one day’s attendance and mileage shall be attached to the subpoena, by a check made payable to the witness. The subpoena shall indicate in the upper right corner the amount of the fee attached as well as the name of the Judge or Magistrate before whom the witness is to appear.
At any trial or hearing with exhibits, plaintiffs or movants must label exhibits numerically and defendants must label exhibits alphabetically.
At any trial or hearing where exhibits will be presented to the witness and/or offered into evidence, the plaintiff/movant shall label exhibits using numerical designations and the defendant shall label exhibits using letter designations.
Document Filing Requirements35 rules
Every civil complaint must be accompanied by the Court-prescribed Case Designation Form.
All civil complaints must be accompanied by a Case Designation Form as prescribed by the Court. This form is available on the website for the Medina County Clerk of Courts.
Document Type
Civil Complaint
Objection logs are required whenever trial transcripts are filed.
Objection logs must be filed with any trial transcripts.
Document Type
Trial Transcript
Every attorney entering an appearance must maintain one current contact profile, and profile changes must be submitted on a signed Attorney Profile Update Form provided to the Clerk of Courts.
Each attorney entering appearance in any case shall provide and update a single contact profile using the Attorney Profile Update Form to ensure the address for the attorney is accurate in the appearance docket maintained by the Clerk of Courts. It is the obligation of the attorney to ensure the profile information remains up-to-date. The attorney information will not be changed based upon an attorney’s information contained on a pleading/motion. Profile information can only be changed upon a signed Attorney Profile Update Form provided to the Clerk of Courts.
Document Type
Attorney Profile Update Form
A motion for leave must include a proposed journal entry granting the requested leave.
The movant shall prepare a proposed journal entry granting the motion for leave and submit it to the Court along with the motion.
Document Type
Motion For Leave To Respond
Leave to respond to a pleading, request, or motion other than a complaint, counterclaim, cross-claim, or third-party complaint must be sought by written motion.
A party seeking leave to respond to any other pleading, request or motion must do so by written motion.
Document Type
Motion For Leave To Respond
The notice of automatic leave must state that no prior extension was granted and must be filed before the original Civil Rules deadline expires.
The notice shall state that no prior extension of time has been granted and must be filed prior to the expiration of the time originally prescribed in the Civil Rules.
Document Type
Notice Of Automatic Leave To Plead
Discovery plans must be filed under Civil Rule 26(F).
Discovery plans shall be filed pursuant to Civ.R. 26(F).
Document Type
Discovery Plan
Every motion must be accompanied by a memorandum stating its grounds and citing the authorities relied upon.
All motions shall be accompanied by a memorandum stating the grounds for the motion and citing the authorities relied upon.
Document Type
Motion
A motion for default judgment must include an affidavit by a person with personal knowledge containing sufficient supporting facts.
A party seeking default judgment pursuant to Civ.R. 55 shall include with the motion an affidavit of an individual with personal knowledge containing sufficient facts to support the claim.
Document Type
Motion For Default Judgment
A proposed entry granting the motion must be submitted with the motion; omission may delay or deny the motion.
The movant shall prepare a proposed entry granting a motion and submit it to the Court along with the motion. Failure to submit a proposed entry may result in delay in ruling or denial of the motion.
Document Type
Motion
Each entry must identify the claim or motion disposed of, state whether it is final, and identify any claims remaining pending.
All entries shall state the claim or motion which is being disposed by the entry, and shall indicate whether it is a final entry. If the entry does not dispose of all claims, it shall specify what claims remain pending.
Document Type
Journal Entry
The preliminary judicial report must include the property’s permanent parcel number or another tax identification number.
(3) The County Treasurer's permanent parcel number or other tax identification number of the real estate;
Document Type
Preliminary Judicial Report
The preliminary judicial report must identify the record owner or owners of the real estate to be sold.
(4) The name of the owner(s) of record of the real estate to be sold;
Document Type
Preliminary Judicial Report
The preliminary judicial report must cite the volume and page or instrument number of the recording through which the owners acquired title.
(5) A reference to the volume and page or instrument number of the recording by which the owner(s) acquired title to the real estate;
Document Type
Preliminary Judicial Report
The preliminary judicial report must establish the property’s chain of title for at least 40 years and identify all record liens and encumbrances.
The preliminary judicial report shall provide evidence of the state of the title to the property in question covering the chain of title for at least forty (40) years and must show all liens and encumbrances on the property, as may appear of record.
Document Type
Preliminary Judicial Report
The preliminary judicial report must state the property’s street address or, if none exists, identify the fronting road and the immediately surrounding north/south or east/west roads.
(2) The street address of the real estate or, if there is no street address, the name of the street or road upon which the real estate fronts together with the names of the streets or roads immediately to the north and south or east and west of the real estate;
Document Type
Preliminary Judicial Report
The preliminary judicial report must be effective within thirty (30) days before filing the complaint or other pleading requesting a judicial sale.
The preliminary judicial report shall be effective within thirty (30) days prior to the filing of the complaint or other pleading requesting a judicial sale and shall include at least all of the following:
Document Type
Preliminary Judicial Report
The preliminary judicial report must include a legal description of each parcel to be sold at the judicial sale.
(1) A legal description of each parcel of real estate to be sold at the judicial sale;
Document Type
Preliminary Judicial Report
The proposed foreclosure decree and journal entry confirming sale must be sent to the Medina County Prosecutor’s Office for approval at least seven days before submission to the assigned judge.
At least seven (7) days prior to submitting the proposed decree of foreclosure and the journal entry for confirmation of sale to the assigned judge, the entries shall be provided to the Medina County Prosecutor’s Office for approval.
Document Type
Proposed Decree Of Foreclosure And Confirmation Of Sale Journal Entry
The preliminary judicial report must include each lienholder’s name and address and, when applicable, the name and address of the lienholder’s attorney as shown on the recorded lien.
(7) The name and address of each lienholder and the name and address of each lienholder's attorney, if any, as shown on the recorded lien of the lienholder.
Document Type
Preliminary Judicial Report
Before filing, the Tax Map Office of Medina County must approve the legal descriptions in the foreclosure decree, praecipe for order of sale, and judgment entry confirming sale as accurate.
Prior to filing with the Clerk of Courts, the legal description set forth in the Decree of foreclosure, praecipe for order of sale, and the judgment entry for confirmation of sale must be approved as accurate by the Tax Map Office of Medina County.
Document Type
Foreclosure Decree Praecipe And Confirmation Of Sale Judgment
A movant filing a default-judgment or summary-judgment motion in a foreclosure case must submit a proposed decree of foreclosure.
Upon filing a motion for default judgment or motion for summary judgment in a foreclosure case, the movant shall submit a proposed decree of foreclosure.
Document Type
Motion
The movant must also file a final judicial report showing changes in the record state of title from the preliminary report’s effective date through the date of lis pendens.
The movant shall also file a final judicial report showing the record state of title from the effective date of the preliminary judicial report to the date of lis pendens.
Document Type
Final Judicial Report
The written notice of the automatic stay must include the bankruptcy case number, petition date, Bankruptcy Court name, and debtor names.
The notice shall include the bankruptcy case number, the date the bankruptcy petition was filed, the name of the Bankruptcy Court and the names of the debtors.
Document Type
Written Notice Of Automatic Stay
Every criminal motion must be supported by a memorandum containing citations of authority under Crim.R. 47.
All motions must be supported by a memorandum which contains citations of authority pursuant to Crim.R. 47.
Document Type
Motion
Assigned counsel may request an investigator or expert only when a particularized and articulable need exists.
Assigned counsel shall comply with this duty and shall not request the appointment of an investigator or expert in a case unless a particularized and articulable need exists.
Document Type
Request For Investigator Or Expert
Assigned counsel may employ an expert only with leave of the Court.
Experts shall not be employed by assigned counsel except by leave of Court.
Document Type
Motion For Appointment Of Expert
A motion to hire an investigator must be filed at least 30 days before trial and must detail the particularized need and approximate expense.
Counsel shall file a motion to hire an investigator at least thirty (30) days before trial. Said motion shall set forth in detail the particularized need for such investigator and the approximate expense that would be incurred if the motion were granted.
Document Type
Motion To Hire Investigator
The Court authorizes funds for an investigator only upon a showing of particularized need, a reasonable probability of aiding the defense, and a resulting unfair trial without assistance.
The Court will not authorize funds to hire an investigator unless the defendant shows a particularized need, a reasonable probability that an investigator would aid in the defense, and that denial of investigative assistance would result in an unfair trial.
Document Type
Motion To Hire Investigator
The Court authorizes funds for an expert only upon a showing of particularized need, a reasonable probability of aiding the defense, and a resulting unfair trial without assistance.
The Court will not authorize funds to hire an expert unless the defendant shows a particularized need, a reasonable probability that an expert would aid in the defense, and that denial of expert assistance would result in an unfair trial.
Document Type
Motion For Appointment Of Expert
Assigned counsel may employ an investigator only after obtaining an order from the Court.
Investigators shall not be employed by assigned counsel unless ordered by the Court.
Document Type
Motion To Hire Investigator
A motion for appointment of an expert must be filed at least 30 days before trial and must detail the particularized need and approximate expense.
Counsel shall file a motion for the appointment of an expert at least thirty (30) days before trial. Said motion shall set forth in detail the particularized need for such expert and the approximate expense that would be incurred if the motion were granted.
Document Type
Motion For Appointment Of Expert
The preliminary judicial report must describe the property’s record title, but need not include previously recorded easements, restrictions, setback lines, declarations, conditions, covenants, reservations, or rights-of-way.
(6) A description of the record title to the real estate; however, easements, restrictions, setback lines, declarations, conditions, covenants, ===== PAGE 18 ===== reservations, and rights-of-way that were filed for record prior to the lien being foreclosed are not required to be included; and
Document Type
Preliminary Judicial Report
Invoices for investigators and experts must be submitted with assigned counsel's fee application on a separate sheet.
Invoices for investigators and experts shall be filed with assigned counsel’s application for fees, on a separate sheet.
Document Type
Application For Fees
An attorney who has appeared for a party may sign and issue a subpoena on behalf of the court where the action is pending.
An attorney who has filed an appearance on behalf of a party in an action may sign and issue a subpoena on behalf of the Court in which the action is pending.
Document Type
Subpoena
Filing & Service rules
Electronic Filing Rules
An electronic signature is attributed to the attorney or party it purports to represent, and a filing transmitted without authority may be stricken by the court.
Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court will order the filing stricken.
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The Court permits electronic filing of documents with the Medina County Clerk of Courts under an Administrative Order implementing Civ.R. 5(E).
By Administrative Order, the Court has complied with Civ.R. 5(E) by providing the ability to file documents with the Medina County Clerk of Courts by electronic means.
Page 8 | Local Rule 4 – Clerk of Courts
Filing Timing and Cure Windows
A filing's date and time are determined from the timestamp placed on the document by the Clerk for calculating time under the cited rules.
For purposes of calculation of time under the Ohio Revised Code, Ohio Rules of Civil Procedure, Ohio Rules of Criminal Procedure and these Local Rules, the date and time of filing is the date and time shown on the timestamp placed upon the face of the document by the Clerk.
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A party may receive one automatic 28-day leave to plead by filing a notice of leave with the Clerk of Courts.
A party is permitted one automatic leave to plead, not to exceed twenty-eight (28) days, in which to plead to a complaint, counterclaim, cross-claim or third party complaint by filing with the Clerk of Courts a notice of such leave.
Page 13 | CIVIL RULES — LOCAL RULE 9 – Leave to Plead
After a settlement, counsel must immediately notify the court and file a stipulation of dismissal or other appropriate entry within 30 days of notifying the court.
If a case has settled prior to trial, counsel shall immediately notify the Court and file a stipulation of dismissal or other appropriate entry within thirty (30) days of the date the Court was notified. Failure to do so may result in dismissal of the action or claim after notice to the parties.
Page 15 | LOCAL RULE 13 – Dismissal of Actions or Claims
Pending cross-claims are automatically dismissed without prejudice unless the cross-claimant files a notice of intent to proceed within 30 days after the notice of dismissal is filed.
Upon the dismissal of any complaint, any pending cross-claims are deemed automatically dismissed without prejudice, unless the cross-claimant files a notice of intent to proceed on the cross-claim within thirty (30) days of the filing of the notice of dismissal.
Page 16 | LOCAL RULE 13 – Dismissal of Actions or Claims
Winning counsel must prepare and submit the proposed judgment or decision entry to opposing counsel within five days after trial or hearing unless the court directs otherwise.
Unless otherwise directed by the Court, counsel for the party in whose favor a decision or judgment is rendered shall prepare an entry and submit it to opposing counsel within five days of the conclusion of the trial or hearing.
Page 16 | LOCAL RULE 14 – Journal and Judgment Entries
Adverse counsel must approve or reject a proposed entry within three days after receipt and, if rejecting it, file a written statement of objections with the court.
Counsel for the adverse party shall approve or reject the entry within three days after receipt. In the event of rejection, the opposing party shall file with the Court a written statement of the objections to the proposed entry.
Page 16 | LOCAL RULE 14 – Journal and Judgment Entries
In quiet-title, partition, and real-property foreclosure actions, the plaintiff must file a preliminary judicial report with the clerk within 14 days after filing the complaint.
In actions to quiet title, partition and for foreclosure of liens on real property, Plaintiff shall file with the Clerk of Courts a preliminary judicial report within fourteen (14) days after filing the complaint.
Page 17 | LOCAL RULE 15 – Foreclosures (A) Judicial Reports
The attorney of record, or a pro se party, must file written notice of an automatic stay with the Clerk within five days after filing for bankruptcy protection.
Whenever a party to an action pending in the Court files for bankruptcy protection, the attorney of record, or the party if acting pro se, shall within five (5) days file written notice of the automatic stay with the Clerk of Courts.
Page 20 | LOCAL RULE 16 – Bankruptcy
Unless the court orders otherwise, criminal motions and other requests must be filed within 35 days after arraignment or seven days before trial, whichever is earlier.
Unless otherwise ordered by the Court, motions and other requests in criminal cases shall be filed within thirty-five (35) days after arraignment or seven (7) days before trial, whichever is earlier.
Page 26 | CRIMINAL RULES — LOCAL RULE 20(A) — TIMING AND CONTENT
Documents transmitted electronically may be submitted at any time, but same-day docketing applies to documents received from 8:00 a.m. through 4:30 p.m.; documents received after 4:15 p.m. may be docketed the following business day, and weekend or legal-holiday transmissions are docketed the next business day.
For purposes of this rule, documents may be electronically transmitted to the Clerk of Courts at any time. However, only documents received from 8:00 a.m. to 4:30 p.m. will be docketed on the date of receipt. Any document received after 4:15 p.m. may be docketed the following business day. Any attorney or party electing to file by electronic means bears the risk of any document being transmitted after 4:15 p.m. not being docketed until the next business day. Any documents transmitted on weekends, or legal holidays will be docketed the next business day.
Page 8 | Local Rule 4 – Clerk of Courts
Unless the Court orders otherwise, the response and reply periods under Civil Rule 6(C) govern motions.
Unless otherwise ordered by the Court, the response and reply times set forth in Civ.R. 6(C) shall apply.
Page 14 | CIVIL RULES — LOCAL RULE 11 – Motions (B) Time: Motions
The court may administratively dismiss a settled case not dismissed within 30 days of the settlement notice, with court costs paid from deposited funds and each party bearing excess costs.
If the parties fail to dismiss a settled case within thirty (30) days of the notice of the settlement, the Court may dismiss the case administratively. Upon such administrative dismissal, court costs shall be paid from the funds deposited. If court costs exceed the funds deposited, each party shall bear their own costs.
Page 16 | LOCAL RULE 13 – Dismissal of Actions or Claims
If the plaintiff does not timely file the preliminary judicial report, an interested party may file the evidence of title during the following 14 days.
Upon failure of Plaintiff to file the preliminary judicial report within fourteen (14) days after the complaint has been filed, any interested party may file such evidence of title within the next fourteen (14) days.
Page 17 | LOCAL RULE 15 – Foreclosures (A) Judicial Reports
Service and Proof of Service Rules
Case-initiating complaints and pleadings must be served by certified mail with return receipt unless written instructions provide otherwise.
Unless otherwise directed by written instructions, all complaints or other pleadings which initiate a case shall be served by certified mail, return receipt.
Page 8 | Local Rule 4 – Clerk of Courts
The Clerk will not serve other pleadings or documents without accompanying Instructions for Service, which are available on the Clerk of Courts website.
The Clerk will not serve any other pleading or documents unless accompanied by Instructions for Service. An Instructions for Service form is available on the website for the Medina County Clerk of Courts.
Page 8 | Local Rule 4 – Clerk of Courts
A party requesting a subpoena to be served by the Clerk of Courts or a sheriff must provide the Clerk with quadruplicate copies and the Fee Schedule amount as security for costs.
Pursuant to Civ.R. 45, if a subpoena is to be served by the Clerk of Courts, Medina County Sheriff, or the Sheriff of another county, the party requesting the subpoena shall provide to the Clerk quadruplicate copies as well as the amount set forth on the Fee Schedule as security for costs.
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Post-judgment contempt motions must be served in accordance with Civil Rules 4 through 4.6.
Post-judgment motions for contempt must be served pursuant to Civ.R. 4 through Civ.R. 4.6.
Page 14 | CIVIL RULES — LOCAL RULE 11 – Motions (C) Contempt Motions
If the title evidence shows that necessary parties were not joined, the plaintiff must join and serve them in accordance with the Rules of Civil Procedure.
Where the evidence of title indicates that necessary parties have not been joined in the action, Plaintiff shall cause all necessary parties to be joined and served in accordance with the Rules of Civil Procedure.
Page 17 | LOCAL RULE 15 – Foreclosures (A) Judicial Reports
A challenge to the Treasurer’s lien amount or priority must be pleaded in the complaint, and the complaint must then be served on the Treasurer.
If there is a challenge to the amount or priority of the Treasurer’s lien(s), it must be plead in the complaint and the complaint must be served on the Treasurer.
Page 18 | LOCAL RULE 15 – Foreclosures (B) Medina County Treasurer in Foreclosure Cases
The Medina County Treasurer must be named as a defendant in foreclosure cases but ordinarily need not be served with the complaint unless its tax lien’s amount or first-lien priority is challenged.
In foreclosure cases, the Medina County Treasurer shall be named as a party defendant, and shall not be served with the complaint unless the lien of the Medina County Treasurer for taxes is being challenged, either as to its amount, or as to priority as first and best lien.
Page 18 | LOCAL RULE 15 – Foreclosures (B) Medina County Treasurer in Foreclosure Cases
A cross-claim or counterclaim challenging the amount or priority of the Treasurer’s liens must be served on the Treasurer.
If there is a challenge to the amount or priority of the Treasurer’s lien(s) in any cross-claim or counterclaim, it must be served on the Treasurer.
Page 18 | LOCAL RULE 15 – Foreclosures (B) Medina County Treasurer in Foreclosure Cases
The attorney or party must serve the bankruptcy notice on other counsel and parties of record in conformity with Civil Rule 5.
The attorney or party shall serve the notice of bankruptcy on other counsel or parties of record in the pending litigation in conformity with Civ.R. 5.
Page 20 | LOCAL RULE 16 – Bankruptcy
Applicants seeking fees over Five Hundred Dollars ($500.00) must serve all creditors or their counsel of record with hearing notice personally or by mail, unless the court orders otherwise.
Written notice of the hearing on application for fees in excess of Five Hundred Dollars ($500.00), shall be served personally or by mail on all creditors or their counsel of record, unless otherwise provided by court order.
Page 24 | LOCAL RULE 18 – Receiverships (H) Application for Fees
The Medina County Treasurer need not be served with an answer or other pleading unless that pleading challenges the claimed taxes’ amount, validity, or priority as the first and best lien.
The Medina County Treasurer need not be served with any answer or other pleadings unless the party filing the pleading intends to challenge the taxes claimed by the Treasurer on the tax records, either as to amount, validity, or as to priority as first and best lien.
Page 18 | LOCAL RULE 15 – Foreclosures (B) Medina County Treasurer in Foreclosure Cases
Filing Fees and Waivers
A civil action or other fee-required filing must be accompanied by a security-for-costs deposit in the amount specified on the Clerk of Courts Fee Schedule.
No civil action or other filing requiring a filing fee shall be filed unless the filing party has deposited, as security for costs, the amount set forth on the Fee Schedule of the Medina County Clerk of Courts.
Page 7 | Local Rule 4 – Clerk of Courts
The filing party must provide the required costs deposit when filing, and the filing may be rejected if the deposit is omitted.
The filing party is responsible for ensuring that the appropriate deposit is made at the time of filing, and the filing may be rejected if the required deposit is not submitted.
Page 7 | Local Rule 4 – Clerk of Courts
A party initiating a civil action unable to provide security for costs must file a poverty affidavit with the complaint, and cost collection is postponed until termination.
If the party initiating a civil action is unable to give security as provided under this rule, that party shall file a ===== PAGE 8 ===== poverty affidavit with the complaint. The collection of costs shall be postponed until the case is terminated.
Page 8 | Local Rule 4 – Clerk of Courts
The Clerk may reject an electronically filed document that requires a filing fee if the filer has not complied with the established filing-fee payment mechanism.
Any document filed electronically that requires a filing fee may be rejected by the Clerk of Courts unless the filer has complied with the mechanism established for the payment of filing fees.
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Court costs associated with a voluntarily dismissed action or claim are assessed to the dismissing parties unless the court orders otherwise.
Upon voluntary dismissal of any action or claim, court costs associated with that claim shall be assessed to the dismissing parties unless otherwise ordered by the Court.
Page 16 | LOCAL RULE 13 – Dismissal of Actions or Claims
Courtesy Copy Requirements
Copies of motions filed with the Clerk of Courts must not be delivered to the assigned judge.
Copies of motions filed with the Clerk of Courts shall not be delivered to the assigned Judge.
Page 14 | CIVIL RULES — LOCAL RULE 11 – Motions (D) Copies
Sealing & Redaction Procedures
Parties must omit or partially redact specified personal identifiers from all filed documents and exhibits unless the Court orders otherwise, including limiting Social Security and financial account numbers to the last four digits, using only minors' initials, using only a birth year, and redacting victim identifiers upon a qualifying written request.
In order to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the Court, including exhibits thereto, unless otherwise ordered by the Court:
Page 10 | LOCAL RULE 5 – Privacy Rights
The personal-identifier redaction rule does not apply to Petitions for Civil Stalking Protection Orders.
This rule is not applicable to Petitions for Civil Stalking Protection Orders.
Page 10 | LOCAL RULE 5 – Privacy Rights
Pre-Motion Conference Requirements
Counsel must make every effort to resolve discovery disputes by agreement before filing court motions, although the court may appoint a special master and assign costs.
Counsel shall make every effort to resolve discovery disputes by agreement prior to filing motions with the Court. The Court reserves the right to appoint a special master to resolve discovery disputes and assign costs of said special master to the parties.
Page 15 | LOCAL RULE 12 – Discovery
Counsel must timely and good-faith confer and agree on deposition schedules, and depositions ordinarily must take place in Medina County unless the court permits or the parties agree otherwise.
Counsel shall make a timely and good faith effort to confer and agree to schedules for depositions. Unless otherwise permitted by the Court or agreed to by the parties, depositions must take place in Medina County.
Page 15 | LOCAL RULE 12 – Discovery
Adjournment & Extension Requirements
A party seeking more than the automatic leave must request it by filing a motion.
If an additional extension of time is requested, the party requesting the extension must file a motion.
Page 13 | CIVIL RULES — LOCAL RULE 9 – Leave to Plead
A continuance of a trial or hearing requires a written motion stating the reason and whether opposing counsel objects or consents.
No party shall be granted a continuance of a trial or hearing without a written motion stating the reason for the continuance and whether opposing counsel objects or consents to the continuance.
Page 14 | CIVIL RULES — LOCAL RULE 11 – Motions (F) Motions to Continue
The Court will not consider a continuance motion based on conflicting assignment dates unless the conflicting assignment is attached.
The Court will not consider any motion for continuance due to a conflict of assignment dates unless a copy of the conflicting assignment is attached to the motion.
Page 14 | CIVIL RULES — LOCAL RULE 11 – Motions (F) Motions to Continue
A party may obtain one automatic discovery-response extension of no more than 28 days by filing a timely notice stating that no prior discovery extension was granted.
Within such time as not to delay the trial, a party may obtain one automatic leave to respond to discovery, not to exceed twenty-eight (28) days, by filing a notice of such leave. The notice shall indicate that no prior extension of time for discovery has been granted and must be filed prior to the expiration of the time originally proscribed.
Page 15 | LOCAL RULE 12 – Discovery
A movant must submit a proposed continuance entry, confer with opposing counsel, and provide at least two mutually available dates with the motion.
The movant shall prepare a proposed entry granting the motion for continuance and submit it to the Court along with the motion. The movant shall confer with opposing counsel and submit with the motion at least two mutually available dates for the proposed continued hearing or trial.
Page 15 | Motion for continuance
Any additional discovery-time extension must be requested by written motion to the court.
If any additional extension of time is requested, the party requesting the extension must apply to the Court by written motion.
Page 15 | LOCAL RULE 12 – Discovery
Continuance requests must be directed to the mediation office rather than filed as motions, and the office will grant a continuance only for good cause after a mutually acceptable date is determined and only if mediation can occur before the final pretrial or trial date.
Requests for continuances shall be directed to the mediation office. A motion requesting a continuance of a mediation date shall not be filed with the Court. Continuances shall be granted by the mediation office only for good cause shown and after a mutually acceptable date has been determined. No continuance will be granted by the mediation office if the mediation cannot be scheduled prior to the final pretrial or the trial date.
Page 21 | Civil Rules — (D) Continuances
The court will not consider a continuance motion based on an assignment conflict unless a copy of the conflicting assignment is attached, and case priority is governed by Rule 41(B) of the Ohio Rules of Superintendence.
(3) The Court will not consider any motion for continuance due to conflict of assignment dates unless a copy of the conflicting assignment is attached to the motion. Rule 41(B) of the Rules of Superintendence for the Courts of Ohio shall govern priority of cases.
Page 26 | CRIMINAL RULES — LOCAL RULE 20(B)(3) — MOTIONS TO CONTINUE
A defendant’s continuance motion must include the defendant’s written consent.
(2) A defendant’s motion to continue shall contain the written consent of the defendant.
Page 26 | CRIMINAL RULES — LOCAL RULE 20(B)(2) — MOTIONS TO CONTINUE
A continuance motion must identify the number of prior continuances granted and whose motions obtained them.
(4) Motions to continue shall state the number of prior continuances granted and upon whose motion those continuances were granted.
Page 26 | CRIMINAL RULES — LOCAL RULE 20(B)(4) — MOTIONS TO CONTINUE
A party must promptly file a written continuance motion stating the reason once the party becomes aware that a continuance is necessary.
(1) Parties shall file a written motion stating the reason for the continuance as soon as the party is aware of the necessity for the continuance.
Page 26 | CRIMINAL RULES — LOCAL RULE 20(B)(1) — MOTIONS TO CONTINUE
Criminal-trial continuance requests generally must meet the listed requirements, but the court may excuse noncompliance at its discretion, and granting a noncompliant motion constitutes good cause and excuse.
Continuances of criminal trials shall be requested in compliance with the following requirements unless excused at the discretion of the Court. The Court granting a motion for continuance not in compliance with the following requirements shall constitute good cause and excuse.
Page 26 | CRIMINAL RULES — LOCAL RULE 20(B) — MOTIONS TO CONTINUE
Motions to continue must state whether the defendant is currently incarcerated in lieu of bond and the date the defendant was
(5) Motions to continue shall state whether or not the defendant is currently incarcerated in lieu of bond, the date defendant was
Page 26 | CRIMINAL RULES — LOCAL RULE 20(B)(5) — MOTIONS TO CONTINUE
A motion to continue must state the defendant’s incarceration status and the basis for it.
(6) Motions to continue shall state whether the defendant is incarcerated in lieu of bond, pursuant to a sentence, pursuant to a parole violation, or subject to any holder or detainer within Medina County or any other jurisdiction on any other matter.
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