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Order Of Procedure (Judge Eugene A. Lucci) - Ohio
| Order Of Procedure (Judge Eugene A. Lucci) Form. This is a Ohio form and can be used in Civil Lake County (Court Of Common Pleas) . |
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IN THE COURT OF COMMON PLEAS LAKE COUNTY, OHIO ) ) ) ) ) ) ) ) ) CASE NO. 0 CF00 Plaintiff vs. JUDGE EUGENE A. LUCCI ORDER OF PROCEDURE (FORECLOSURE ACTION) Checklist of Compliance Attached Hereto (Revised 10/28/2003) Defendant(s) In the interest of the most economical and efficient use of the Court's time and to speed the case to conclusion, the following order is made and shall be binding on all parties. This order supplements the Local Rules of the Lake County Court of Common Pleas, General Division. PRETRIAL PROCEDURES {1} Foreclosure cases will not be scheduled for pretrial conference, unless requested, and will be set for trial only when there are issues properly joined for trial. If a pretrial or oral hearing has been scheduled, failure to appear at the pretrial or oral hearing may result in an adverse judgment, including, where appropriate, a default judgment against the party not appearing. In addition, the failure to appear may result in any other sanctions the court deems appropriate, and such sanctions may be imposed against the party and/or its counsel. All parties are reminded that this order supplements Local Rule I.E.6. of the Lake County Common Pleas Court, General Division. {2} Motions, discovery, and other documents not filed within the time limits set forth in this order shall be deemed untimely and may result in the court's refusal to consider any such filing. All motions or requests for relief must be accompanied by a proposed judgment entry. A failure to submit a proposed entry may result in the court's denial of the matter submitted. {3} The obligation to inform the court of special matters, pleadings, motions, etc. (i.e. replevin, attachment, T.R.O., protective order), is upon the respective counsel. If immediate relief is requested, counsel must notify the assignment commissioner of this court. If pleadings or motions are filed after the pretrial, copies must be presented to this court's assignment commissioner. If a hearing date falls within the fourteen day period of Local Rule III.D.3., counsel must notify this court's assignment commissioner. American LegalNet, Inc. www.FormsWorkFlow.com {4} {5} Discovery shall commence immediately upon filing the action and shall be completed As the time limit set by the Supreme Court for disposition of foreclosure cases is one within eight months of filing the action. year, the action shall be prosecuted so as to conclude within one year from filing. Motions for default judgment or for summary judgment shall be filed within a reasonable time after the grounds therefor come to the attention of the claimant, and within a sufficient time to obtain the relief requested before the expiration of one year after filing the action. Notice of Hearing on Motions for Default Judgment or Summary Judgment {6} In the event that a claimant files a motion for default judgment under Civil Rule 55, or in the event that a party files a motion for summary judgment under Civil Rule 56, the court hereby fixes the day for non-oral non-appearing hearing on the motion as twenty-one days after the day the motion was filed, so that any brief in opposition and any affidavit or other evidentiary material in opposition shall be filed on or before the twentieth day after the filing of the motion, and such motion shall be deemed submitted for consideration and ruling on the twenty-first day. Motions for default judgment or summary judgment will not be granted without supporting evidence as to default or liability and as to damages. Reply briefs may be filed only after obtaining leave of court. The parties shall take notice, pursuant to Civil Rule 55 and/or Civil Rule 56, and Loc. R. III. D. 3 and 4, that a non-oral, non-appearing hearing is scheduled on the twenty-second day after the filing of any motion for default judgment or motion for summary judgment. This is the only written notice the parties will receive of the day fixed for the hearing. {7} The parties, without exception, are to abide by Local Rule III.A.1, specifically limiting to ten pages the length of the body or text of any document filed after the pleadings. Further, the court shall strictly enforce Civil Rule 11. {8} {9} The court will not entertain any motion to compel discovery absent compliance with No motion for default judgment or summary judgment for the party seeking affirmative Local Rule V.D. of the Lake County Common Pleas Court, General Division. relief will be entertained by the Court unless the movant fulfills all of the items set forth on the relevant portion of the checklist of compliance that is attached to this order. (In addition, a copy of the checklist of compliance can be downloaded from the court's website.) The checklist of 2 American LegalNet, Inc. www.FormsWorkFlow.com compliance is incorporated into this order by reference. Failure to comply with the relevant portion of the checklist will result in the court sending notice to the non-complying party that it has 45 days to comply or its claims may be dismissed. {10} {11} Judgment entries shall be signed by, or circulated to, all parties not in default. When a motion for confirmation of sale is filed, the court will not consider the motion for A proposed confirmation entry must be submitted at least seventeen days after filing. simultaneously with the filing of the motion to confirm sale. The entry of confirmation should contain the signature or consent of all parties not in default. If a signature or consent cannot be obtained in a timely fashion, the entry shall note that it has been circulated to all non-consenting parties. TRIAL PROCEDURES {12} No continuance of a trial date will be granted without filing a written motion with the signature of the client along with supporting affidavits or other appropriate documentation. The motion must be accompanied by an order with a blank space for the court to insert the next appropriate court date. {13} All documents and exhibits shall be marked for identification purposes, along with an index, and shared with opposing counsel at least two working days prior to trial, and a copy shall be provided to the judge's office. The Plaintiff shall mark exhibits using numbers and the Defendant shall mark exhibits using letters. FORBEARANCE {14} If the plaintiff enters into a forbearance agreement with the debtor-defendants, then the plaintiff and the debtor-defendants shall file a joint motion to stay further proceedings. If the debtor-defendants materially breach the
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