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Cleveland Bar Ass'n v. Gay

Citations: 91 Ohio St. 3d 1498; 745 N.E.2d 1053; 2001 Ohio LEXIS 1135Docket: 93-1738

Court: Ohio Supreme Court; April 17, 2001; Ohio; State Supreme Court

Narrative Opinion Summary

On April 12, 2001, Disciplinary Counsel submitted a motion to file an amicus brief supporting the respondent. However, since the deadline for filing such a brief had already expired and S.Ct. Prac.R. XIV(1)(C) does not allow for waiving the filing deadline, the court, acting on its own initiative, ordered that the motion to file the amicus brief be stricken.

Legal Issues Addressed

Court's Authority to Strike Motions

Application: The court exercised its authority to strike a motion when procedural rules are not followed.

Reasoning: The court, acting on its own initiative, ordered that the motion to file the amicus brief be stricken.

Filing Deadlines for Amicus Briefs

Application: The court enforces strict adherence to filing deadlines for amicus briefs as outlined in procedural rules.

Reasoning: However, since the deadline for filing such a brief had already expired and S.Ct. Prac.R. XIV(1)(C) does not allow for waiving the filing deadline, the court, acting on its own initiative, ordered that the motion to file the amicus brief be stricken.