All motions must be made sufficiently in advance of trial to avoid any delay in trial. N.D. Ohio Civ. R. 7.1 (b) (amended eff 1/6/20).
Opposition Papers Due 14 Days After Serve of Non-Dispositive Motion, 30 Days After Service of Dispositive Motion
A Rule 12(b) motion must be made before pleading if a responsive pleading is allowed. FRCP 12(b).
For any party other than the United States, a Rule 12(b) motion must be made on or before the 21st day after service of the complaint. FRCP 12(a)(1) (amended 12/1/09).
A pleading responsive to an amended complaint is due within the time remaining for response to the original complaint, or within 14 days after service of the amended complaint, whichever is later. FRCP 15 (a)(3).
If service of the summons has been timely waived on request under Rule 4(d), defendant must serve an answer within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the defendant was addressed outside any judicial district of the United States. FRCP 12(a)(1)(A)(ii).
If the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served. FRCP 12(a)(4)(B) (amended 12/1/09).
The court must set a motion cut-off date or deadline. FRCP 16 (b)(3) (amended eff 12/1/15)
A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. FRCP 12(b)(1) - (7).
Matters Outside the Pleadings -- Conversion to Motion for Summary Judgment
If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion. FRCP 12(d).
A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).
See also N.D. Ohio Civ. R. 7.1 (b) (amended eff 1/6/20).
A moving party must file and serve with its motion a memorandum of the points and authorities on which it relies in the motion. N.D. Ohio Civ. R. 7.1 (c) (amended eff 1/6/20).
An opposing party must file and serve a memorandum in opposition to the motion. N.D. Ohio Civ. R. 7.1 (d) (amended eff 1/6/20).
Unless otherwise ordered by the court, memoranda relating to dispositive motions must not exceed 10 pages for expedited cases, 20 pages for administrative, standard, and unassigned cases, 30 pages for complex cases, and 40 pages for mass tort cases. N.D. Ohio Civ. R. 7.1 (f) (amended eff 1/6/20).
Memoranda relating to most non-dispositive motions must not exceed 15 pages. N.D. Ohio Civ. R. 7.1 (f) (amended eff 1/6/20).
Every memorandum relating to a dispositive motion must be accompanied by a certification specifying the track, if any, to which the case has been assigned and a statement certifying that the memorandum adheres to the page limitations of the Local Rules. If the established page limits were modified by the court, that fact must be indicated in the certificate and a statement must be included that the memorandum complies with the court order. N.D. Ohio Civ. R. 7.1 (f) (amended eff 1/6/20).
Except in Social Security reviews, all memoranda exceeding 15 pages must have a table of contents, a table of authorities cited, a brief statement of the issue(s) decided, and a summary of the arguments presented. N.D. Ohio Civ. R. 7.1 (f) (amended eff 1/6/20).
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention. FRCP 11 (a).
Signatures submitted to the court must include the filing attorney's typewritten name, address, telephone number, facsimile number, E-mail address, and Ohio bar number, if applicable. This does not apply to documents filed pro se parties or to documents filed in removed actions before removal from the state court. N.D. Ohio Civ. R. 10.1 (amended eff 8/10/18).
Signatures on all documents submitted by pro se litigants must include a typewritten or printed name, address, daytime phone number, facsimile number, and e-mail address, if available. N.D. Ohio Civ. R. 10.1 (amended eff 8/10/18).
The user’s login and password required to submit documents to the electronic filing system serve as the user’s signature on all electronic documents filed with the court. OH ND Policies & Procedures Manual, 13.b.
Additional Attorney Information Required
The attorney's typewritten name, address, telephone number, fax number, e-mail address, and Ohio bar number, if applicable, must appear with the signature block on all documents filed electronically. OH ND Policies & Procedures Manual, 18 (amended eff 7/20/15).
See Northern District of Ohio SmartRules™ Guide: GENERAL RULES AND FORMATTING REQUIREMENTS.
If, on a motion under Rule 12 (b)(6) (failure to state a claim upon which relief can be granted) or 12 (c) (motion for judgment on the pleadings), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion. FRCP 12 (d) .
A party, intervenor, or proposed intervenor must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. FRCP 7.1 (b).
A party must promptly file a supplemental disclosure statement if any required information changes. FRCP 7.1 (b).
A nongovernmental corporate party or a nongovernmental corporation that seeks to intervene must file 2 copies of a disclosure a statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or states that there is no such corporation. FRCP 7.1 (a)(1).
With its first pleading, a non-governmental party must file a corporate disclosure statement identifying:
(a) Any parent, subsidiary, or affiliate corporation;
(b) Any publicly held corporation that owns 10% or more of the party's stock; and
With its first pleading, an attorney who represents a party in "complex litigation" must serve and file a statement that briefly describes the nature of the case, identifies by title and case number all related cases filed in any jurisdiction, and identifies (if known) counsel for all other parties in the case who have not entered an appearance. N.D. Ohio Civ. R. 16.3(c)(2). "Complex litigation" has one or more of the following characteristics:
(a) it is related to one or more other cases;
(b) it arises under federal antitrust laws;
See Northern District of Ohio SmartRules™ procedural guide: PROPOSED ORDER.
FILING AND SERVICE
Electronic filing is required in all civil cases unless otherwise ordered by the Court. OH ND Policies & Procedures Manual, 4 (amended eff 7/20/15)
Consent to Service
Participation in the ECF system constitutes consent to being electronically served. OH ND Policies & Procedures Manual, 14 (amended eff 7/20/15).
For more information regarding electronic filing, See Northern District of Ohio SmartRules ™ procedural guide: FILING DOCUMENTS.
All papers must be served on each of the parties, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 5 (a) (amended eff 12/1/18).
Papers must be filed no later than a reasonable time after service. FRCP 5 (d) (amended eff 12/1/18).
The proof of service is only required if documents are not served by filing them with the court's electronic filing system. FRCP 5 (d)(1)(B) (amended eff 12/1/18).
Service must be made by mail or personal delivery, electronically to users registered with the court's electronic-filing system or by other electronic means consented to in writing. FRCP 5 (b) (amended eff 12/1/18).
The court may rule on an unopposed motion without a hearing at any time after the time for filing an opposition has expired. The court may rule on an opposed motion without a hearing at any time after the time for filing a reply memorandum has expired. N.D. Ohio Civ. R. 7.1 (g) (amended eff 1/6/20).
Motions (other than those made at hearings or at trial) that are filed and served after the court's motion deadline may be denied solely on the basis of the untimely filing. N.D. Ohio Civ. R. 7.1 (h) (amended eff 1/6/20).
The court will make every effort to rule on non-dispositive motions within thirty (30) days of the time the motion comes at issue, and to rule on dispositive motions within sixty (60) days of the time the motion comes at issue or briefing is concluded on exceptions/objections to a recommended decision on such motion submitted by a magistrate judge. N.D. Ohio Civ. R. 7.3.
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