Rule 18 Hearing and Submission of Motion

18.01 Scheduling - Copy for Assignment Commissioner and the Assigned Judge to be provided

Copies of every Motion filed shall be provided for the Assigned Judge and for the Assignment Commissioner by counsel. These copies are in addition to copies for the courts file and for service. The Assignment Commissioner shall schedule hearings on motions from the copies of motions thus received. Counsel shall provide a copy for the Assignment Commissioner to be placed in her box at the Clerk's office. In the event a copy is not provided, the Clerk's office shall make the Assignment Commissioner a copy of the motion. If counsel fails to provide sufficient copies, the Clerk's office is authorized to charge the office of counsel its regular copying fee for making a copy for the Assignment Commissioner. The copy for the Assigned Judge shall be left in the Judges box at the Clerk's office or delivered to that Judges Office.

The Motion shall be scheduled for hearing at the time it is filed, when possible, and notice immediately sent to counsel and/or parties as required. Unless otherwise directed by the Court, Motions shall not be set sooner than 14 days after filing.

18.02 Opposing the Motion

Every party opposing a motion shall serve and file within seven days after service a brief statement of reasons in opposition to the motion and a list of citations of the authority on which he relies.

18.03 Further filings

Reply or additional briefs upon motions and submissions may be filed seven days after filing of the brief in opposition if the scheduled hearing on the Motion permits. If the hearing is set so that seven days for reply is not available, the reply shall be filed by the close of business the day before the hearing, or otherwise with the permission of the Court. No further filings may be made except by leave of court.

18.04 Civil Temporary Restraining Orders and other urgent requests Civil Equitable Relief

Motions in Civil cases for Temporary Restraining Orders, Temporary Injunctions, for the Appointment of a Receiver or for similar urgent equitable relief shall be submitted to the Assigned Judge at a time established by the Assignment Commissioner. The time will not be established prior to the filing of the necessary papers. Notice of the time and place of such hearing shall be served upon the adverse party and his counsel and no such matter shall be heard ex-parte unless from affidavits filed with the motion the Court determines that extraordinary undue hardship would result to the moving party by any delay in proceeding. Even when an ex-parte order is issued a hearing on the continuance of that order shall be scheduled and held after notice as provided.

If the Assigned Judge is not available to make a determination on a request for ex-parte relief, the matter may be considered by another Judge of the Court, if available, for purposes of determining whether ex-parte relief is appropriate.

18.05 Filing motions when matter set for trial or pretrial

Motions, other than motions in Limini, shall be filed in a case after it has been set for pretrial or trial only if such filing is in accordance with the provisions of a case management order. The Court may grant leave for filing of additional motions and establish times for filing briefs and the submission of motion for decision. 18.06 Citation of Unreported or Foreign Cases

All pleadings and briefs containing references to statutes, or regulations, unpublished cases or cases from courts outside Ohio except the United States Supreme Court shall have attached a copy of the statute, regulation or case. A party who cites an unpublished case shall indicate any disposition by a superior appellate court.

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