How to Write a Legal Motion Under Ohio Laws

In Ohio state court, motions are subject to same regulations as other pleadings.

A motion is simply an appeal to the court. A motion is often followed by a hearing on the matter. Motions, like pleadings, must conform to the local rules of the court. The Ohio Rules of Civil Procedure provide the requirements for format, content, and filing of motions in state court. Motions that fail to meet these standards may be automatically dismissed by the court.

Instructions

1. State with particularity the grounds of the motion and set forth the relief or order sought, according to Rule 7(B) of the Ohio Rules of Civil Procedure. In other words, clearly indicate what action you request of the court and on what grounds you believe movement for this action is founded. Common motions includes Motions to Dismiss (a Complaint), Motions for Summary Judgment, and Motions to Transfer Venue. Each of these motions must be supported with law for the court to rule in favor of the motion. For instance, a Motion to Dismiss might be substantiated by evidence that there is a lack of jurisdiction. Unless a motion provides evidence in support of it, it will be denied.

2. Caption the motion as you would a pleading. The caption requires the jurisdiction, venue, case number, judge assigned, and style of the case (party names). Underneath the caption, include a heading. The heading is the particular motion being filed (i.e., "Defendant's Motion to Quash Plaintiff's Subpoena Duces Tecum"). See references for a sample motion.

3. Sign the pleading in accordance with Rule 11. Rule 11 stipulates that if a party is represented by an attorney, at least one attorney of record shall sign a pleading or motion and include address, registration number, telephone number, telefax number, if applicable, and email address, if applicable. A party not represented by an attorney need only include his or her address.

4. Disclose whether the motion is made by or on behalf of a minor or an incompetent, unless the fact of minority or incompetency has been disclosed in a prior pleading or motion, according to Rule 8(H).

5. Serve the motion not later than seven days before the time of scheduled hearing on the matter, according to Rule 6 (D). If an affidavit is attached to the motion, the affidavit shall be served with the motion.

References

• Supreme Court of Ohio: Ohio Rules of Civil Procedure(31-40)
• Ohio Supreme Court: Sample Plaintiff's Motion to Transfer Venue