Legal Question in Civil Rights Law in Ohio

Re: Notice of Motion

The ONLY time you don't have to give notice is when the motion is made in court during a proceeding at which all parties are present.

Of course, in that situation, the opposing party has the right to ask the court to delay any argument on the motion until she has had the opportunity to prepare a reasonable response.

Otherwise, the prior advice is correct: you MUST serve notice of motions upon opposing parties.

Even in an in-court situation, if the court defers argument and briefing, you need to notice the motion for a later hearing, even if all parties were present unless they explicitly waive service on the record.

There is simply no excuse for not dropping a 2 page max notice in the mail. if you want to fax a copy that usually is fine for "notice" purposes, but it is not "service". After facing, you are still technically required to serve the documents. Otherwise the court has no official understanding that the other party was given a fair opportunity to be heard in court.

Re: Notice of Motion

A copy of every motion ALWAYS needs to served upon each party.

Joe Jacobs