Noble County Court, Ohio Pre-Motion Conference Requirements

CRITICAL

An attorney who fails to appear for pretrial without just cause may be punished for contempt.

Any attorney who fails to appear for pretrial without just cause being shown may be punished for contempt of court.

CRITICAL

At the pretrial conference, the State must present its position, and the defendant and defense attorney must determine whether the case proceeds to trial, awaits specified motions, or is resolved by a negotiated plea with the defendant's concurrence.

At the pretrial conference, the State shall present its position on the case at bar, and the defendant and the defendant's attorney shall, upon revicw of the State's position, determine whether or not this mater shall be set for trial on the merits, pending motions in limine or to suppress evidence, or disposed of through the negotiated plea with concurrence of the defendant.

CRITICAL

After assignment and scheduling of a pretrial date in a represented criminal case, the State and defense counsel must confer as early as possible about discovery issues permitted under the Ohio Rules of Criminal Procedure.

once a criminal case has been assigned and given a pretrial date and the defendant is represented by counsel, it shall be incumbent upon the State and the defendant's counsel, to confer with one another at the earliest possible time relative to any issues of discovery as requested and permitted under the Ohio Rules of Criminal Procedure.

CRITICAL

Opposing counsel must respond within 14 days; motions are considered submitted at the end of that period unless the court extends the time.

Opposing counsel shall answer in like manner within fourteen (14) days thercafter, All motions will be considered submitted at the eat of said fourteen (14) day period, unless time is extended by the court.

CRITICAL

For motions other than dispositive motions, a memorandum contra must be served within 14 days after the supporting memorandum and its proof of service.

(C) Any memorandum contra to said motion (except dispositive motions) shall be served upon movant's attorney, or if there be none of record, upon movant, within fourteen (14) days from the date of memorandum in support of the motion and proof of service thereof.

CRITICAL

A memorandum contra to a dispositive motion must be filed within 30 days after service of the motion.

Memorandum Contra on dispositive motions shall be filed within thirty (30) days within service of the service of the motion.

CRITICAL

The prosecutor, defendant, and defense attorney of record must attend the scheduled pretrial conference and have authority to act and consider relevant matters.

At the lime and place set for pretrial conference, all parties and their representatives to the criminal proceeding, that being the prosecutor for the State of Ohio, the defendant, and defendant's attorney of record, shall be present and shall have authority to act and consider all matters pursuant to this rule as are relevant to the case in issue and Criminal Rule 17.1 of the Ohio Rules of Criminal Procedure.

WARNING

No oral hearing will be granted on a motion unless the parties request one in writing or the court deems one necessary.

There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and/or the court deems it necessary.

WARNING

A reply memorandum may be served and filed within 7 days after service of the memorandum contra.

A reply memorandum may be served and filed within seven (7) days of the service of the memorandum contra.

INFO

The assigned judge may set motions for oral hearing at the judge's discretion.

Motions may be set for oral hearing at the discretion of the assigned judge.