All motions for continuances shall be served seven (7) days prior to hearing or trial.  The seven (7) day period shall not include the hearing or trial date.

Most motions shall be determined without oral argument.  Oral hearings will be permitted where:

1. the disposition of the motion turns upon a disputed issue of fact
2. the disposition of the motion turns upon evidence which cannot be presented in documentary form
3. for good cause shown

Written motions which fully comply with the Ohio Rules of Civil Procedure, including but not limited to Rules 7, 10 and 11, shall consist of the following:

1. The motion document which includes:
   1. a statement of the relief or order sought
   2. a statement of the grounds for the motion
   3. the signature of the movant or movant’s attorney per Local Rule 3.01
2. A brief in support of the motion which includes:
   1. a concise statement of pertinent facts
   2. a description of the relief or order sought
   3. applicable statutes, ordinances, rules, regulations, or the like (lengthy extracts may be attached as an appendix)
   4. Arguments establishing legal grounds for the motion along with case citations, statutes and other authorities relied on.  All citations to reported Ohio cases in such briefs shall recite the date, volume, and page of the official Ohio report and the parallel citation, where the same exists, to the Northeastern Reporter.  If unreported opinions are cited, copies shall be attached to the brief and furnished to opposing counsel.  Failure to attach such copies may be grounds for striking the motion or brief
3. Supporting documentary evidence, if necessary.
4. Certificate of service, which meets the requirements of the Ohio Rules of Civil Procedure:
   1. may be endorsed on the motion or other pleading or filed as a separate document
   2. the copy shall be served on the other parties, except where not required by Ohio Rules of Civil Procedure or Local Rule
   3. shall affirmatively show the exact date and method of service.

    

The court may grant leave for separate and later service of supporting briefs or evidence.  Each separate service must meet the requirements of Rule 5 of the Ohio Rules of Civil Procedure.  Failure to make service under this rule of any pleadings, motions or documents filed with this court may result in the pleadings, motions or documents being stricken from the file.

Subject to Rule 6(E) of the Ohio Rules of Civil Procedure, a party may serve an opposition memorandum within fourteen (14) days from the date the motion, to which the opposition is directed, was served, unless otherwise ordered by the court.  This memorandum shall include:

1. A brief in opposition, consisting of:
   1. a concise statement of facts or statement of agreement with movant’s facts
   2. applicable statutes, ordinances, rules, regulations or the like (lengthy extracts may be attached as an appendix)
   3. argument establishing legal and factual grounds for denying the motion containing case citation, statutes and other authorities
   4. opposing documentary evidence per Local Rule 7.03.
2. Certificate of service per Rule 5 of the Ohio Rules of Civil Procedure.

Subject to the Civil Rules and Local Rules of this court, failure to serve and file an opposition memorandum or brief may be construed by the court as an admission that the movant’s motion should be granted.

For good cause shown, the court may grant leave to serve and file additional briefs and/or supplementary evidence or may permit their introduction at an oral hearing.  Where said leave is granted, the court’s order shall specify the date that papers are to be filed with the court.

1. Where No Oral Hearing Scheduled
   If there is no oral hearing scheduled, the motion shall be deemed submitted for hearing no sooner than the expiration of the fourteen (14) day period to file a brief in opposition per Local Rule 7.05.
2. Effect of Cross - Motions on Submission for Hearing
   If cross-motions have been served and filed, and no oral hearing has been scheduled, all motions timely and properly served and filed shall be submitted for hearing on the eighth day following the last day for service of either:
   1. the opposition package directed to the last motion served, or
   2. the last component of such opposition package, whichever is later
3. Failure to File Opposition
   If a brief in opposition is not filed, the motion shall be submitted for a non-oral hearing on the 15^th  day following the date the brief in opposition was due per Local Rule 7.05.

Where permitted by the Civil Rules, the court may enter an order extending or limiting any prescribed time period.

Additionally, any party to a motion may move for an order limiting any prescribed time period.  No such order shall be entered until all other parties have been heard on this issue.

Under Local Rule 7.05, any party to the motion proceeding may move ex parte for an order extending the time period.  If granted, the movant shall serve a copy of the order on all other parties.  The opposing party may request reconsideration, vacation or modification of the order.

The presentation of unnecessary motions and oppositions to motions which delay the course of an action, subject the offender to appropriate sanctions, including but not limited to, payment of the other party’s reasonable expenses, attorney fees and costs.

A party shall not file a motion prior to the entry of a plea in misdemeanor, criminal or traffic cases, except those motions listed as exceptions in Rule 12(C)(2) of the Ohio Rules of Criminal Procedure.  These motions shall be heard by a magistrate or judge assigned to misdemeanor arraignments or judge on felony session assignments.  Motions listed as exceptions in Rule 11(B)(1) of the Ohio Traffic Rules shall be heard by the magistrate assigned to traffic arraignments.

In the filing of any criminal motion, an original and two legible copies are required.  One copy will be left with the Clerk of Court to be forwarded to the assigned judge or traffic magistrate, and the second copy will be left with the Clerk of Court to be forwarded to the City Prosecutor.  Filing of the required copy with the Clerk of Court shall be deemed service on the City Prosecutor pursuant to Rule 49 of the Ohio Rules of Criminal Procedure.