Motion For Relief from Judgment – Ohio Court
The Motion For Relief from Judgment form is used to request the Cleveland Municipal Court Housing Division to reconsider a previously issued judgment or dismissal. It allows landlords or tenants to explain the reasons for missing a court date or to present new evidence. The form includes sections for personal details, case information, reasons for the request, and evidence to support the claim. It also requires a service clause to confirm that a copy of the motion has been sent to the opposing party. Detailed instructions and legal references are provided to assist in correctly filling out the Motion For Relief from Judgment form.
Follow these steps to complete the form:
Court Information
- At the top of the form, fill in the Cleveland Municipal Court Housing Division and the County (Cuyahoga) information.
Case Information
- Name: Enter your full legal name.
- Address: Provide your current address.
- City, State, Zip: Fill in your city, state, and zip code.
- Telephone No.: Enter your contact number.
- Case No.: Write your case number, which can be found on your court documents.
Parties Involved
- Plaintiff(s): Write the name and address of the plaintiff(s).
- Defendant(s): Write the name and address of the defendant(s).
Your Role
- Indicate whether you are the landlord or tenant by checking the appropriate box.
Judgment Information
- Fill in the date when the court either dismissed the case or entered a judgment against you.
Reason for Relief
- Explain why you missed your hearing or court date and why you are requesting the court to set aside the dismissal or judgment. Attach any supporting documents, such as medical records, work schedules, or any other relevant evidence.
Evidence for New Hearing
- Describe the evidence or arguments you will present if a new hearing is granted. Attach any documents, receipts, or other proof that supports your claim or defense.
Timeliness
- Explain why you are filing this motion within a reasonable time. If there was a delay, provide a valid reason for it.
Signature
- Sign the form to affirm that the information provided is accurate and truthful.
Service Clause
- Choose how you will send a copy of this motion to the other party (regular mail or other specified methods).
- Provide the date of service and sign this section to confirm that you have delivered the motion to the opposing party’s attorney or directly to them if they do not have an attorney.
Additional Instructions
- Filing this motion does not automatically stop a move-out process. If you need to halt a move-out, file a separate motion for a stay.
- The motion should be filed in accordance with Rule 60(B) of the Ohio Rules of Civil Procedure.
- Consult with a licensed attorney for legal advice and assistance, as this form impacts your legal rights.
- Contact the Clerk’s Office for filing fees and further assistance if you cannot afford the filing fee.
- Ensure you serve the motion to the other party correctly by mailing or hand-delivering a copy before filing it with the court.