INFORMATION AND STATEMENTS ON THIS PAGE ARE CONSIDERED AN OPINION AND A FIRST AMENDMENT RIGHT OF FREEDOM OF EXPRESSION.
Lynhurst Municipal Court's website, in Lyndhurst, Ohio 44124.
Ohio Revised Code 1901.02 grants jurisdiction to the Lyndhurst Municipal Court for cities within the municipal corporations of Mayfield Heights, Gates Mills, Mayfield, Highland Heights, and Richmond Heights in Cuyahoga county.
Lyndhurst Municipal Court traffic case defendants should review Local Rule 14(F) (Local Rules revision effective February 1, 2022)
"Local Rule 14 (F) The failure of a party to file a brief in opposition may be construed by the Court as an admission that the motion may be granted."
Filing any motions for Traffic Court, including a motion to dismiss, expect the motion NOT to be answered by the prosecutor, NOR will the court rule on the motion until your arraignment or day of your trial.
At your arraignment or trial day, the court will address all motions filed by the Defendant. The standard procedure is;
The prosecutor will never answer Defendant's filed motion(s) because the Court's unwritten procedure is to deny all traffic-related motions.
At the start of the trial, the Court (that's the Judge) will ask what the motion is about because the Court or prosecutor will never bother to read or reply to the motion.
The Defendant may explain the motion and the Court will deny any and all motions even though the prosecutor failed to answer the motion.
The prosecutor and the Court have effectively devised an unwritten scheme to deny any possibility of relief the Defendant may be entitled to prior to trial.
Defendants are denied any reasonable and proper time to intelligently object to the Court's injustice.
OPINION: The Court and the Prosecutor's collusion is an EXCELLENT method that deprives any reasonable time for the defendant to answer and plead. An objection to the proceedings is obvious but will be denied and the Court will proceed to trial. The good part is that the objection will be part of the record for appeal.
Why does the court ignore its own rule?
OPINION: The rule is discretionary because the rule says the court "may" and not "shall" be required to provide reasonable procedural due process. The court makes it very easy for the Prosecutor to prosecute a traffic case and collect its fines and costs. It's done for the financial interest of the City, Court, and other city Departments and it's called revenue. Otherwise, in a normal civil or criminal case, the rules require the prosecutor to answer a motion filed by a defendant. Instead, here, in a traffic case, when the defendant files a motion, the prosecutor is free to ignore the motion, can fail, and not be bothered to file a brief in opposition and the court on its own motion will deny the defendant's motion at the beginning of the trial.
OPINION: Defendants' can attempt to enforce Local Rule 14.
File your motion to dismiss or others.
Wait 30 days.
When the prosecutor fails to file a brief in opposition, file a show cause motion to dismiss for failure to reply with a brief in opposition.
See Local Rule 14(D) (link updated 11/12/2020)
Rule 14 Pleadings and Motions
(D) Unless otherwise provided in the Ohio Rules of Civil Procedure or these Local Rules, a party opposing a motion, including motion for summary judgment, shall have thirty (30) days from the date of service to file a brief in opposition citing applicable case and statutory law.
When the prosecutor representing the City fails to file a brief in opposition to a defendant's motion, the Court, by its own local rule may (and MAY is emphasized because the Court has its own self-interest in the revenue stream) construe the failure as an admission that the motion may be granted.
The question the Court will not answer is;
Why are defendant's filed motions not answered by the prosecutor, but the Court on its own motion will move to deny the defendant's unanswered motion?
OPINION: Maybe it's collusion between the prosecutor and the Court. Maybe it's an illusion to make it appear that you're getting your day in court.
Why does the Court fail to grant a dismissal of the case when your written motion is not answered by the prosecutor as required by the local rules of court?
Why does the Court proceed on its own to dismiss any and all motions filed by the defendant in a traffic case?
FINAL OPINION:
It's about REVENUE!
It's not about Justice.
It's about feeding the cow, and that's Just-Us, and Injustice for all others.