Plaintiff moves to have summary judgment entered against defendant in an action concerning a default on an office lease.
Ohio Motion for Summary Judgment
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How to fill out Motion For Summary Judgment?
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You must file the motion with the Clerk of Court located on the first floor of the Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113-1664. You will be required to pay a ?filing fee? to the Clerk of Court at the time you file the motion. Please refer to Local Rule 1 of this Court's Rules for the correct amount.
When bringing a summary judgment motion, a party is arguing that there can be no real dispute about material facts, and the moving party is entitled to win the case as a matter of law.
37. On notice to other parties and all affected persons, a party may move for an order compelling discovery. The motion shall include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.
The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.
Show that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.
When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the party's pleadings, but the party's response, by affidavit or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine ...
(C) Motion for judgment on the pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings.
Make your argument in your brief, with citations to any useful docket entries. Every factual proposition, whether made in support of or opposition to, a motion for summary judgment must be supported by admissible evidence. The court will not search the record for evidence.