Mobley v. Palmer

In Mobley v. Palmer (2001), Monroe App.No 833, 2001 Ohio 3526, one of the parties filed a motion to compel discovery after the opposing party failed to comply with multiple discovery requests. The trial court granted that motion two days later without hearing from the non-moving party. One of the issues on appeal was whether the trial court should have granted the motion to compel without giving the non-moving party adequate notice of a hearing on the motion. The Court of Appeals for Monroe County stated that "Civ.R. 37(A), which specifically addresses the procedure for filing a motion for an order compelling discovery, does not require that a hearing be held on the motion, unless expenses are awarded to the party favored by the trial court's motion disposition." Id. According to Mobley, "the trial court granted appellees' motion to compel without imposing an award of expenses, and thus granting the motion without a hearing was within the trial court's discretion." Id.