Ohio Motion for Summary Judgment
Ohio has no notice-before-hearing period at all, because most motions for summary judgment are decided on the papers without oral argument. Instead, the clock runs from service of the motion: the nonmoving party has 28 calendar days to respond, the movant has 7 calendar days to reply, and a motion filed after the case is set for pretrial or trial needs leave of court.
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Introduction
Ohio Rule of Civil Procedure 7(B)(2) lets a court decide most motions, including a motion for summary judgment, without oral hearing on brief written statements of reasons in support and opposition, so Ohio has no statewide notice-before-hearing period like the one some other states require. Instead, the timetable runs forward from service of the motion under Civ.R. 6(C)(1): the nonmoving party may serve a response within 28 days after service of the motion, and the movant may serve a reply within 7 days after service of the response. These are calendar days computed under Civ.R. 6(A), meaning the day of the triggering act is excluded, the last day is included, and weekends and holidays are counted because the periods are not shorter than seven days; add 3 days to the response window if the motion was served by mail or commercial carrier under Civ.R. 6(D). These are statewide fallback deadlines that apply unless a local rule or court order sets a different schedule, and Civ.R. 6(C)(3) lets a court shorten or lengthen them for good cause on motion. A local court may still set a hearing by local rule or scheduling order, which then controls instead of the statewide default. On filing timing, a claimant may move for summary judgment at any time after the time for a responsive motion or pleading has expired, or after the adverse party serves its own motion for summary judgment, while a defending party may move at any time; there is no fixed day-count cutoff before trial, but once the action has been set for pretrial or trial, a motion for summary judgment may be made only with leave of court (Ohio R. Civ. P. 56(A), (B)). The standard itself, unchanged since a July 1, 2019 amendment that routed response and reply timing through Civ.R. 6(C) and required supporting materials to be served with the motion, asks whether there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (Ohio R. Civ. P. 56(C)). Ohio's phrasing is not a verbatim adoption of the federal 'genuine dispute' standard: summary judgment may not be rendered unless reasonable minds can come to but one conclusion, and that conclusion is adverse to the party against whom the motion is made. Ohio also departs from the federal Celotex standard on the movant's burden. Under Dresher v. Burt, 75 Ohio St.3d 280 (1996), a movant cannot discharge its initial burden by simply asserting that the nonmoving party has no evidence; the movant must specifically point to evidence of the type listed in Civ.R. 56(C), such as depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, or written stipulations of fact, that affirmatively demonstrates the nonmoving party lacks evidence to support its claim. Supporting affidavits are optional, not mandatory, and Ohio has no statewide requirement of a separate statement of undisputed material facts the way some other states do; the motion itself must state the grounds with particularity and the relief sought (Ohio R. Civ. P. 7(B)(1)), and any evidentiary materials must accompany it. There is no statewide page limit in the Rules of Civil Procedure. A party may move for summary judgment on all or any part of a claim, counterclaim, cross-claim, or declaratory judgment action, and Civ.R. 56(D) directs the court, when the whole case is not resolved, to specify by journal entry which material facts exist without controversy for trial. Both the mover and the party who was served need to track this schedule: under Civ.R. 56(C), the respondent's responsive arguments, together with all affidavits and other materials in opposition, are served as provided by Civ.R. 6(C). Summary judgment practice is technical and is frequently lost on procedure rather than the merits, and attorney review is available before filing or responding. This page covers a civil motion for summary judgment in an Ohio court of common pleas under Civ.R. 56. It does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 rather than Ohio's rule.
Key Things to Know
- 1
Ohio has no notice-before-hearing period because most motions for summary judgment are decided on the papers under Civ.R. 7(B)(2); instead, the nonmoving party may respond within 28 calendar days after service of the motion, and the movant may reply within 7 calendar days after service of the response, both computed under Civ.R. 6(A) and (C)(1), plus 3 additional days if the motion was served by mail or commercial carrier (Civ.R. 6(D)), unless a local rule or court order sets a different schedule.
- 2
If you were served with an Ohio motion for summary judgment, your 28-day response clock starts running from the date of service, not from any hearing notice, because Ohio does not require a hearing; your response and any opposing affidavits or evidentiary materials are due within that window unless a local rule or court order sets a different schedule.
- 3
An Ohio respondent's opposition should include both its responsive arguments and all affidavits and other materials in opposition, which Civ.R. 56(C) directs be served as provided by Civ.R. 6(C), within the same 28-day window that applies to the response.
- 4
Ohio's standard has not changed in substance since a July 1, 2019 amendment to Civ.R. 56(C), which routed response and reply timing through Civ.R. 6(C) and required that supporting evidentiary materials be served with the motion itself, rather than filed later.
- 5
Under Dresher v. Burt, 75 Ohio St.3d 280 (1996), Ohio's burden on the moving party is stricter than the federal Celotex standard: a movant cannot win by merely asserting the nonmoving party lacks evidence, and must specifically point to evidence of the type listed in Civ.R. 56(C) that affirmatively demonstrates the absence of proof.
- 6
Ohio has no statewide requirement of a separate statement of undisputed material facts and no statewide page limit for a motion for summary judgment; the motion itself must state its grounds with particularity and the relief sought, supported by the evidentiary materials served with it (Civ.R. 7(B)(1), 56(C)).
- 7
A motion may seek judgment on all or any part of a claim, counterclaim, cross-claim, or declaratory judgment action, and once the case is set for pretrial or trial, a motion for summary judgment needs leave of court. This page covers a motion for summary judgment only, not a motion to dismiss, not a motion to set aside a default judgment, and not a federal court motion, which follows a different rule.
Key decisions before you file
Before you file a Motion for Summary Judgment in Ohio, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Ohio Requirements for Motion for Summary Judgment
28-Day Response Deadline Runs From Service of the Motion
The nonmoving party may serve a response within 28 days after service of the motion for summary judgment, computed as calendar days under Civ.R. 6(A), with 3 additional days if the motion was served by mail or commercial carrier under Civ.R. 6(D) (Ohio R. Civ. P. 6(C)(1)). This is a statewide fallback that applies unless a local rule or court order sets a different schedule (Civ.R. 6(C)(3)).
7-Day Reply Deadline
The movant may serve a reply within 7 days after service of the response to the motion, computed the same way as the response deadline (Ohio R. Civ. P. 6(C)(1)), unless a local rule or court order sets a different schedule (Civ.R. 6(C)(3)).
No Statewide Notice-Before-Hearing Period
A court may decide a motion for summary judgment without oral hearing, on brief written statements of reasons in support and opposition, so Ohio has no statewide notice-before-hearing period; a local court may still set a hearing by local rule or order (Ohio R. Civ. P. 7(B)(2)).
Filing Cutoff Tied to Pretrial or Trial Setting, Not a Day Count
There is no fixed day-count cutoff for filing a motion for summary judgment before trial; once the action has been set for pretrial or trial, a motion for summary judgment may be made only with leave of court (Ohio R. Civ. P. 56(A), (B)).
Evidentiary Materials Must Be Served With the Motion
Following a July 1, 2019 amendment to Civ.R. 56(C), supporting evidentiary materials such as affidavits, depositions, or admissions must be served with the motion itself, rather than filed later, and response and reply timing is routed through Civ.R. 6(C) (Ohio R. Civ. P. 56(C)).
Movant Must Affirmatively Point to Evidence Under Dresher v. Burt
Under Dresher v. Burt, 75 Ohio St.3d 280 (1996), a movant cannot discharge its burden by simply asserting the nonmoving party lacks evidence; the movant must specifically point to evidence of the type listed in Civ.R. 56(C) affirmatively demonstrating the absence of proof, a stricter standard than the federal Celotex approach.
No Separate Statement of Undisputed Facts Required
Ohio has no statewide requirement of a separate statement of undisputed material facts. The motion must instead state its grounds with particularity and the relief sought under Civ.R. 7(B)(1), supported by the Civ.R. 56(C) evidentiary materials served with it.
Partial Summary Judgment Built Into Rule 56(A) and (B)
A party may move for summary judgment on all or any part of a claim, counterclaim, cross-claim, or declaratory judgment action; Civ.R. 56(D) directs the court, when the whole case is not resolved, to specify by journal entry which material facts exist without controversy for trial.