Ohio Loc. App. R. 15

As amended through July 25, 2024
Rule 15 - Motions
A. The movant shall file an original and two copies of any motion. The movant shall not provide a proposed order with the motion.
B. The presiding judge or a single judge acting for the presiding judge may endorse any order, judgment or entry, except as otherwise required by these Rules or the Rules of Appellate Procedure.
C. The magistrate or a single judge of this Court may determine all procedural motions and motions having the signed approval of opposing counsel (except for motions requesting release on bail, motions to dismiss, or motions to determine the appeal).
D. Procedural motions may be acted upon immediately by this Court. Parties opposing the motion may file a memorandum in opposition within ten (10) days of the filing of the original motion. If an opposing party files a response in opposition, any party may file a reply within seven (7) days.
1. If the Court has acted upon the motion prior to the expiration of the period for filing a response opposition, the response in opposition will be deemed to be a motion for reconsideration under App.R. 15(B).
2. If a party has filed a timely memorandum in opposition to a motion under this rule, and if the Court has not acted upon the motion at the time the memorandum in opposition is reviewed by this court, the motion and memorandum in opposition (and reply, if any) shall be circulated to three judges and the agreement of at least two judges shall be required in order to sustain the motion.
E. Substantive motions may be granted or denied on the basis of two or more judges.
1. If time is of the essence, or other similar reason, a temporary stay of execution may be granted by a single judge for up to seven (7) days.
2. If time is of the essence, or other similar reason, a single judge may determine a substantive motion (other than a motion to dismiss or a motion to determine the appeal), and any party adversely affected by the order may request that a three-judge panel review the order.
F. Electronically signed court documents.
1. The following definitions shall apply to this rule:
a. "Electronic" and "electronic signature" have the same meaning as used in section 1306.01 of the Ohio Revised Code.
b. The term "Document" includes decisions, journal entries, notices, orders, opinions, and any other filing by a judge or magistrate of this court.
2. All court documents signed by means of an electronic signature, whether transmitted to the clerk of courts electronically or via paper, shall have the same force and effect as if the signer had affixed his or her signature to a paper copy of the document.
3. Electronic transmission of a court document with an electronic signature by a judge or magistrate that is sent in compliance with procedures adopted by the Court shall, upon the complete receipt of the same by the clerk of courts, constitute the date and time of receipt of the document, provided that the clerk of court's office is open for business at the time of receipt. If a document is received at a date and time when the clerk of court's office is not regularly scheduled to be open for business, the document shall be deemed to have been received at the next time the Clerk's Office is regularly scheduled to be open.

Ohio. Loc. App. R. 15

Amended eff. 9/30/2022.