Motion for Stay – Ohio Court

The “Motion for Stay” form is a legal document used in the Cleveland Municipal Housing Court to request a temporary halt to a court-ordered action. This form is typically filed by either the plaintiff or the defendant who seeks to delay an event, such as an eviction or wage garnishment, while awaiting the court’s decision on another motion, like a motion for relief from judgment.

The “Motion for Stay” includes sections for the filer’s information, the specific reasons for requesting the stay, and details about the related motion already filed. It also requires the filer to sign the document and indicate the method of service used to provide a copy to the opposing party.

Additionally, the “Motion for Stay” form provides important instructions, emphasizing that filing the motion will not automatically stop an eviction or other actions unless the court issues a specific order. It advises consulting a licensed attorney due to the potential impact on legal rights and outlines the considerations the court will evaluate when ruling on the motion.

The instructions also cover the process of “service,” which entails delivering a copy of the motion to the opposing party, and the associated filing fees, along with the option to file a poverty affidavit if the filer cannot afford the fee.

Filling out this form is a crucial step if you seek to postpone or prevent a court-ordered action in the Cleveland Municipal Housing Court. Follow these steps to complete the form correctly:

Personal Information

• Name: Enter your full name.
• Address: Provide your complete mailing address.
• City, State, ZIP: Enter your city, state, and ZIP code.
• Telephone: Provide your phone number.

Case Information

• Case Number: Enter the case number associated with your legal matter.

Party Identification

• Indicate whether you are the Plaintiff or Defendant by checking the appropriate box.

Reason for Stay

• Clearly state the reason you are requesting a stay. Be specific about the event you wish to postpone (e.g., eviction, wage garnishment).
• Explain why you are requesting this stay. Mention any motions you have filed that the court needs to decide on before the action can proceed.

Date of Motion

• Indicate the date when you filed the related motion.

Signature:

• Sign the form in the designated space to certify the information provided.

Service Clause

• Check the appropriate box to indicate how you sent a copy of this motion to the other party (regular mail or another method).
• Specify whether you sent the copy to the plaintiff(s)/counsel or defendant(s)/counsel, including the date of service.
• Sign the service clause to confirm you have provided a copy to the other party.

Additional Instructions

• Read Carefully: Before filing, read the provided instructions thoroughly.
• Legal Consultation: It is advised to consult with a licensed attorney to understand the legal implications and ensure that your rights are protected.
• Filing Fee: Contact the Clerk of Courts at 216-664-4870 or visit their website for information on filing fees. If you cannot afford the fee, inquire about filing a poverty affidavit with the Cleveland Legal Aid Society at 216-687-1900.

Submission

• Once completed and signed, submit the form to the Cleveland Municipal Housing Court Clerk’s Office.

By following these steps, you can ensure that your Motion for Stay is accurately filled out and properly submitted, allowing the court to consider your request to delay or prevent the specified action.