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Rule 15: Submission of and Response to Motions




(A) Contents of Motion.

(1)   All motions shall be made in writing and filed with the Clerk of Courts, unless made during a hearing, pretrial conference or trial.  The motion shall include a concise written statement of the relief sought and the supporting grounds. A party seeking more than one type of relief shall file a separate motion for each type of relief sought.  Any post-decree motion invoking the continuing jurisdiction of the court shall contain the current addresses of both parties in the caption. All motions shall be individually captioned as set forth below:

 

Mary Doe                                                        Case No. 000001

Plaintiff                                                           Judge James Smith

v.                                                                     Motion to Show Cause _________________

John Doe        

Defendant      

 

(2)   A motion to show cause or motion for contempt must identify the specific court order(s) the non-moving party is alleged to have violated. The motion must be supported by an affidavit.

 

(3)   A motion to modify must state the specific change of circumstance(s) on which the motion is based. The motion must be supported by an affidavit.

 

(4)   A motion to compel discovery must specify whether the moving party alleges a failure to respond, or an incomplete/evasive response. A motion alleging incomplete or evasive response(s) must identify the specific request(s) for production, interrogatory(ies), or request(s) for admission(s) for which the response was incomplete or evasive.  

(B) Opposing a Motion. Any party opposing a motion may file and serve a concise written statement of the reasons, including citation to any authority relied upon, within 14 days from service of the motion.

(C) Additional Briefs. Reply or supplemental briefs will not be considered unless filed with leave of court after showing the necessity therefor.

(D) Service.  It is the responsibility of the party filing the motion to perfect service on the opposing party.

     (1) Pending Cases. In pending cases, all motions shall be filed with the Clerk of Courts and served on opposing counsel, on the self-represented party, and on the guardian ad litem, where one has been appointed.

     (2) Post-Decree.  All post-decree motions invoking the continuing jurisdiction of the court shall be accompanied by Instructions for Service.  Service through the Clerk of Courts shall be made pursuant to Civ.R. 4 through 4.6.

(Effective July 1, 1991.  Amended effective September 1, 1995; April 2, 2019.)


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