Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
IN a federal case in Ohio, I am motioning for protective orders and motion to quash a notice of deposition. . Apparently there is a local rule, i think,that requires I set a conference prior to filing such a motion? I think i have to file a CERTIFICATION PURSUANT TO S.D. Ohio Civ. R. 37.2. IM weak at reading this procedures though, and maybe I dont have to schedule a conference with the magistrate first, pursuant to 37.1. I was wondering if anyone could tell me if i can go straight to motioning for protective orders after having tried to reach an agreement over many communications, but not having scheduled a conference. Also, do i have to file the certificate of service pursuant to 37.2? the court is in the SOuthern District of Ohio. thank you.
Hello, again. I am reviewing the local rules for the Southern District of Ohio. Rule 7.1 says you can request Oral Argument on a motion simply by putting ORAL ARGUMENT REQUESTED in the caption of the motion. Then you need to explain the reasons in your motion. However, it sounds like the court prefers to decide motions based solely based on the written memoranda unless there is a particularly thorny legal issue to be decided. With regards XXXXX XXXXX request for an extension of time (to redo the scheduling order), see Local Rule 7.3 regarding the conference requirement. Likewise, Rule 37.1 merely requires that you confer with opposing counsel before filing a motion related to discovery. It sounds like you have done this. The informal conference with the magistrate is optional. Rule 37.2 requires that you certify that you met the requirements of Rule 37.1. What you do is at the end of your motion, you add a section called Certificate of Conference. There you outline your efforts to resolve the dispute over where and how to conduct the deposition, and how you could not reach a resolution with opposing counsel.
perfect, thank you very much!
you're very welcome
that was alot of work, oi apprecite it..this thing has been killing me..haha