Local Rule 7.2: Motions and Other Papers

7.2 Motions and Other Papers

(a) Legal Memoranda

(1) Supporting Memorandum and Certificate of Service. All motions and applications tendered for filing shall be accompanied by a memorandum in support thereof that shall be a brief statement of the grounds, with citation of authorities relied upon. Except in the case of a motion or application permitted by law to be submitted ex parte, a certificate of service in accordance with S.D. Ohio Civ. R. 5.2 shall accompany all such papers.

(2) Opposing and Reply Memoranda. Any memorandum in opposition shall be filed within twenty-one days after the date of service of the motion. Failure to file a memorandum in opposition may result in the granting of any motion that would not result directly in entry of final judgment or an award of attorneys' fees. Any reply memorandum shall be filed within fourteen days after the date of service of the memorandum in opposition. No additional memoranda beyond those enumerated are permitted except upon leave of court for good cause shown.

(3) Limitation Upon Length of Memoranda. The Court prefers that memoranda in support of or in opposition to any motion or application to the Court not exceed twenty pages. In all cases in which memoranda exceed twenty pages, counsel shall include a combined table of contents and a succinct, clear, and accurate summary, not to exceed five pages, indicating the main sections of the memorandum and the principal arguments and citations to primary authority made in each section, as well as the pages on which each section and any sub-sections may be found. A Judge may impose page limitations in any action by standing order.

(b) Citations

(1) Statutes. United States statutes should be cited by the United States Code Title and Section number (e.g., 1 U.S.C. § 1). State statutes should be cited by the statutory code section number (e.g., Ohio Rev. Code § 101.01).

(2) Supreme Court Citations. Citation to United States Supreme Court decisions should be to the official U.S. Reports, if published. If available, Supreme Court Reporter and Lawyer's Edition shall be used when the official U.S. Reports are not yet published.

(3) Record Citations. Except for Social Security cases, which must comply with S.D. Ohio Civ. R. 8.1(d), all filings in this Court that reference a prior filing must provide pinpoint citations to the PageID number in the prior filing being referenced, along with a brief title and the docket number of the document referenced (e.g., Motion to Dismiss, ECF No. 12 at PageID 123).

(c) Correspondence with the Court. Letters to the Court are not permitted unless (1) requested by the Court in a specific matter, or (2) advising the Court of the settlement of a pending matter. All other written communications must be by way of formal motion or memorandum submitted in compliance with these Rules. All letters sent to the Court shall be contemporaneously served upon opposing counsel unless otherwise ordered by the Court.

(d) Evidence Supporting Motions - Deadlines. When proof of facts not already of record is necessary to support or oppose a motion, all evidence then available shall be discussed in, and submitted no later than, the primary memorandum of the party relying upon such evidence. Evidence used to support a reply memorandum shall be limited to that needed to rebut the positions argued in memoranda in opposition. If evidence is not available to meet this schedule or circumstances exist as addressed by Fed. R. Civ. P. 56(d), counsel shall consult one another and attempt to stipulate to a joint motion for extension of the schedule established by this Rule; failing agreement, counsel shall promptly bring the matter to the attention of the Court. Assignment of any motion for oral argument or a conference with the Court shall not extend these deadlines for the submission of evidence.

(e) Memoranda Evidence. Evidence shall be presented, in support of or in opposition to any motion, using affidavits, declarations pursuant to 28 U.S.C. § 1746, deposition excerpts, admissions, verified interrogatory answers, and other documentary or electronic exhibits. Unless already of record, such evidence shall be attached to the memorandum or included in an appendix thereto. Physical evidence that cannot be attached to a memorandum shall be filed separately with the Clerk. All evidence shall be submitted within the time limit set forth above.

Evidence submitted, including discovery documents, shall be limited to that necessary for decision and shall include only essential portions of transcripts or exhibits referenced in the memorandum.

When a substantial number of pages of deposition transcripts or exhibits must be referenced for the full and fair presentation of a matter, the parties shall refer in their memoranda the specific pages at which key testimony is found and ensure that a copy of the entire transcript or exhibit is timely filed with the Clerk. The parties shall ensure that all transcripts relied upon include all corrections made by the witness pursuant to Fed. R. Civ. P. 30(e) and the certification pursuant to Fed. R. Civ. P. 30(f).