Are local rules law, or only guidelines that the court can change at will and ignore?
Can the court, after a deadline per local rule, sua sponte, give more time to respond to a motion when the rule clearly states the time allowed?
Should the court grant a motion to dismiss automatically since it was not objected to in a timely manner?
01/03/2010 - MOTION TO DISMISS FILED. (speedy trial grounds)
01/09/2010 - THE COURT REQUESTS THAT THE OHIO SUPREME COURT ASSIGN A VISITING OR RETIRED JUDGE TO HEAR THE CASE. (removal of judge)
01/24/2010 - THE STATE OF OHIO SHALL HAVE UNTIL 2-9-10, TO FILE A RESPONSE AND MEMORANDUM, ON THE MOTION TO DISMISS, IN THE MATTER
(entry by judge that had stepped down per above official letter arrives 2-12-2010)
02/07/2010 - OBJECTION TO DEF'S MOTION TO DISMISS FILED.
Local Rule 10: (motions)
"Opposing party may file a response to a motion within 14 days from the service of the motion. ... Issues not raised shall be deemed as waived."
Arguments and questions: If the local rule is law, and not just a guideline, then the court should have granted the motion to dismiss for lack of objection.
If the local rule is law, but because my attorney did not file for the court to rule on the 15th day after motion the court is not obligated to grant the motion in my favor, then there is an issue of ineffective assistance of counsel.
Are local rules of the court binding and not just guidelines?
Should the court have automatically granted the motion to dismiss when there was no timely objection?
What can I do to reserve the right to review of the issue?