Motion to Show Cause (Breach of Mediated Agreement) – Ohio Court

The document titled “Motion to Show Cause (Breach of Mediated Agreement)” from the Cleveland Municipal Court, Housing Division, outlines the process for filing a motion when one party in a mediated agreement believes the other party has not adhered to the terms of the agreement.

Instructions

• The instructions clarify that filing this motion will not automatically stop any eviction processes and that a separate motion for stay must be filed for that purpose.
• The instructions detail the circumstances under which someone might file a Motion to Show Cause, who can file it, and the legal requirements.
• It also explains the necessity of attaching the agreement and a description of the breach, and it outlines the proper method of serving the motion to the other party.
• Filing fees and the possibility of filing a ‘poverty affidavit’ if the filer cannot afford the fees are also covered.
• The document emphasizes that this is not legal advice and recommends contacting a licensed attorney for assistance.

This comprehensive form ensures that all necessary details are provided to the court, allowing for appropriate legal action regarding breaches of mediated agreements.

Filling out this form requires attention to detail and adherence to legal procedures. Below is a step-by-step guide to help you complete this form accurately.

Step-by-Step Guide

1. Identify Yourself
   • Section 1: Indicate whether you are the landlord or the tenant by checking the appropriate box.

1. Provide Agreement Details

1. • Section 2: Enter the date when the mediated agreement was signed. Attach a copy of the signed agreement to your motion.

1. Describe the Breach

1. • Section 3: Clearly explain how the other party has not followed the terms of the agreement. Be specific about what was agreed upon and how those terms have been violated.

1. Request Court Action

1. • Section 4: State what you are asking the court to do in response to the breach of the agreement. Be concise and clear about your request.

1. Service Clause

1. • Service Method: Indicate how you sent a copy of this motion to the other party (e.g., regular mail or other specified methods). Check the appropriate box.
   • Service Date: Provide the date when you sent the copy.
   • Recipient Details: Specify whether the recipient was the plaintiff, defendant, or their counsel, and provide the address of record.

1. Sign the Motion

1. • Signature: Sign and date the form where indicated.

Before filling out the form, note that filing this motion will not stop an eviction. A separate motion for stay must be filed to ask the court to stop an eviction. The party claiming the breach files this motion.

This motion should be filed if:

• • There is a written agreement signed by the Judge.
  • One party is not performing their duties under the agreement.
  • You want the Court to enforce the agreement.

Legal Requirements

• Attachments: Attach a copy of the mediated agreement and provide a detailed explanation of the breach.
• Service Requirements
  • Before filing, send a copy of the motion and attachments to the other party’s attorney or directly to them if they do not have an attorney.
  • Fill out and sign the section of the motion indicating how and to whom you delivered the copy.

Filing Fees

• Contact Information: For information on filing fees, contact the Clerk of Courts at 216-664-4870 or visit the Cleveland Municipal Court Clerk’s Office. You may file a ‘poverty affidavit’ if you cannot afford the filing fee.

This instruction sheet is not legal advice. It is recommended to contact a licensed attorney for assistance, as this motion can significantly impact your rights. By following these steps and ensuring all sections are correctly filled out, you will be better prepared to file the “Motion to Show Cause (Breach of Mediated Agreement)” form effectively.