Are Local Court Rules Binding or or Just "Guidelines"

[Defense_ohio_law]

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?

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Important points:

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."

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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.


Ok.

So questions:

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?

Thanks,

Defense Ohio.

[jk]

why was the judge removed so that the courts had to seek the replacement judge?

[Mr. Knowitall]

Nobody here is going to try to interpret a local court rule we don't have the opportunity to read.

I've not seen any court rule for any jurisdiction that prevents a court from denying a motion that is not properly supported by fact and/or law on the basis of the other side's non-response or inadequate response.

Further, the court rule at issue may not be relevant to criminal proceedings.

[Defense_ohio_law]

Please read the initial post carefully before posting responses.

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."

It does apply to criminal cases, and is the rule for the Municipal court that has the case.

The motion is still pending and, yes it was supported by fact and/or law.

Lets keep it simple for you.

Are local rules, law or guidelines?

Judge removed for having a close relationship with the alleged victom.

Note he was removed and then still granted an extension of time, post deadline of 14days. There must be a serious ethical issue at the very least.

[jk]

the relevant part of a rule is the entire rule. Additionally, there are other rules that affect this rule and you have failed to present any facts (such as why the judge was removed) that could affect the time limit.


since you seem to "know it all", I believe you were directed to where you can find the rules of procedure, I suggest you spend a lot of time reading them so you understand them.

[Defense_ohio_law]

Are local municipal court rules binding law, or just guidelines for the court?

Assume the local rules do not violate any constitutional law, state law or federal law.