July 1, 1991
RULES OF PRACTICE
OF THE
COURT OF COMMON PLEAS
STATEMENT OF PURPOSE
Delay in criminal and civil cases in the Courts of Common Pleas throughout the state of Ohio is a serious problem in the administration of justice. Constitutional courts were created to serve the litigants and the interest of the public at large, not for the convenience or benefit of judges and lawyers. Unnecessary delay erodes the public's confidence in the judicial system.
It is the obligation of the judges of the Court of Common Pleas, Franklin County, Ohio, to operate the Court in a manner that is lawful, fair, just, and efficient for the benefit of the citizens of Franklin County and all other litigants that come before it. To that end, the following rules are designed (l) to expedite the disposition of both criminal and civil cases in this Court, while at the same time safeguarding the rights of litigants to the just processing of their cases; (2) to expedite and make consistent the disposition of cases in the general branch of the Court; and (3) to serve the public interest which mandates the prompt disposition of all cases before this Court.
GENERAL RULES
RULE 1 - TERM OF COURT
1.01
There shall be one term of Court named the January Term and the Court shall
be in continuous operation for the transaction of judicial business. The term
shall be divided into three sessions -- Winter, Summer, and Fall. The Winter
session will begin in January, the Summer session in May, and the Fall session
in September. Each session shall consist of approximately 7 weeks.
RULE 3 - HOURS OF SESSION
3.01
The sessions of the general division of this Court shall begin at 8:00 a.m.
and close at l2:00 noon and shall resume at l:30 p.m. and close at 5:00 p.m. on
Monday through Friday, each week, except on those days designated by law as
legal holidays, or as determined by the Administrative Judge.
RULE 5 - PRESIDING, ADMINISTRATIVE AND DUTY JUDGES
5.01
The judges of all three divisions of this Court shall in joint session elect
one of their number Presiding Judge and one of their number as secretary, each
to serve one year commencing with the January term of each year, but at the
pleasure of the Judges. If the position of Presiding Judge or secretary shall
become vacant for any reason whatsoever, the vacancy shall be filled by
election in joint session for the unexpired portion of the year.
5.02
No Judge shall serve more than two consecutive terms of one year as Presiding
Judge but this provision shall not limit the number of non-consecutive terms
to which a judge may be elected.
5.03
The Presiding Judge shall preside at all joint meetings of the three
divisions of this Court, and shall appoint such standing committees as deemed
necessary or as may be agreed upon by the judges of all three divisions in
joint meeting. The Presiding Judge shall also perform such duties as may be
provided by rule of this Court or as may be prescribed by rule of the Supreme
Court pursuant to Section 4, Article IV, Ohio Constitution.
5.04 (10-20-98)
At the first regular judges meeting in November, the judges of the
general division shall elect one of their number Administrative Judge who will
serve one year commencing with the first day of January of each year, but at
the pleasure of the judges. If the position of Administrative Judge becomes
vacant for any reason whatsoever, the vacancy shall be filled by election by
the general division for the unexpired portion of the year.
(6-29-98)The Administrative Judge shall preside at all meetings of the general
division of the Court, and shall appoint such standing committees as the
administrative judge deems necessary or as may be agreed upon by the Judges of
the general division. By agreement of the judges of the general division, the
administrative judge may designate special process servers. Such designation
shall comply with the provision of CIV. R. 4.1 and CIV.
R.
4.3 of the OHIO rules of civil procedure and shall be for a period not to
exceed one (1) year. The Administrative Judge shall also perform such duties as
may be prescribed by rule of the Supreme Court pursuant to Section 4, Article
IV, Ohio Constitution.
5.06
The Duty Judge shall perform the following functions:
A. The Administrative Judge's functions when the Administrative Judge is
absent and the matter cannot await the Administrative Judge's return.
B. Ministerial matters of a Trial Judge when the Trial Judge is absent and
will not be returning for three Court days. "Ministerial matters"
shall not include:
l. default judgments;
2. dismissal entries not agreed to by all parties;
3. continuances, not previously approved by the Trial Judge;
4. appointment of counsel;
5. entries reflecting a ruling of the Trial Judge which has not been approved
by all parties (including all ex-parte orders).
C.
Emergency matters for a Trial Judge who is unavailable.
D.
Matters involving cases which are not assigned.
E.
Matters dealing with non-sworn jurors.
F. Arraignments.
5.07 (4-27-98)
The responsibilities of the duty judge shall be from 9:00 a.m. on Monday to
9:00 a.m. the following Monday. Regular office hours for the duty judge are
9:00 a.m. to 12:00 noon and 1:30 p.m. to 4:00 p.m. Monday through Friday. The
duty judge shall be available for emergency situations from 4:00 p.m. on Friday
until 9:00 a.m. on Monday.
RULE 7 - FILES
7.01
The Clerk shall file together and carefully preserve all papers delivered to
the Clerk's office in every case or proceeding.
7.02
In cases pending where the parties or their counsel deem it necessary to have
copies of pleadings, the Clerk shall on request furnish copies, and the
expenses of one copy for the opposing party shall be taxed in the bill of
costs. Copies of all other papers, except bills of exceptions, belonging to
the files of the Court, shall, on demand, be furnished by the Clerk to
attorneys or parties interested upon payment of the usual fee.
7.03
The Clerk shall permit any party to a case or any party's attorney or agent
to make a copy of any pap
ers in the files of the Court, except depositions and bills of exceptions.
7.04
Categories of cases filed in the General Branch of this Court, shall be as
follows: A - Professional Tort; B - Product Liability; C - Other Torts; D -
Workers Compensation; E - Foreclosures; F - Administrative Appeal; G - Complex
Litigation; H - Other Civil; CR - Criminal. The initial determination
of the categories of cases being filed shall be made by the party filing the
case and shall be indicated on the face of the complaint at the time of filing.
Complex Litigation - G shall not be designated at the time of filing.
Categories shall also be indicated on all subsequent filings, in all cases
filed.
Changes in categories may be made only by the Trial Judge on forms provided by
the Court, except for Complex Litigation - G, which must be made by the
Administrative Judge. The party requesting and receiving a change of category
shall notify all parties in the case and the Court's assignment office of the
change by providing a copy of the signed change of category form.
7.05
Every pleading, document, or other paperwork filed in the Clerk's office
shall be on 8-1/2" x 11" size paper.
RULE 9 - COSTS
9.01 (04-26-00)
Except as provided herein, no civil action or proceedings shall be accepted by
the Clerk of Courts for filing unless there is deposited with the clerk of
courts, as security for costs, the amount set forth in paragraph 9.08, schedule
of security deposits and filing fees.
9.02 (A
) If the party initiating the civil action is an inmate, he/she must comply
with the provisions of R.C. 2969.25. Failure to comply with R.C. 2969.25 shall
be grounds for dismissal of the action pursuant to Civ. R.
41(B) (1).
(B)
If the party initiating the civil action is not an inmate and believes that
he/she is unable to pay the costs, an affidavit of indigency listing the
parties (a) employment and salary for the past twelve months; (b) public
assistance for the past twelve months; (c) total assets, excluding family
furnishings; (d) bank balances; and (e) number of dependents. Attached to the
affidavit shall be the party's Federal Income Tax return for the year preceding
the filing of the complaint.
(C)
If the affidavit set forth in Rule 9.02 (B) is complete, the Clerk shall
accept the complaint for filing without costs. Once the case is assigned, the
Trial Judge may make further inquiry into the party's ability to pay costs, or
a part thereof. If the Trial Judge determined that the party has the ability to
pay costs, or a part thereof, such may be assessed and payment shall be made
as directed by the Trail Judge.
(D)
Failure to pay costs as ordered by the Trial Judge shall be grounds for
dismissal of the action pursuant to CIV. R. 41(B) (1).
(E)
If a party owes costs to the Court from a prior action, all such costs must
be paid before the Clerk of Courts may accept for filing any subsequent civil
actions.
9.03 (04-26-00) When filing a praecipe for an order of sale with the clerk of
courts, a security deposit in the amount as set forth in paragraph 9.08 shall
be deposited with the clerk of courts. This will ensure payment to all parties
incurring costs, regardless of the outcome of the sheriffs sale
(A)
If the property is sold through a sheriffs sale, the security deposit
will be returned to the depositor, to be disbursed upon journalization of a
decree of confirmation. (B)
If the property is not sold through a sheriffs sale, the security
deposit will be used to pay any incurred costs. Any amount of the security
deposit not used will be returned to the depositor. Any costs not covered by
the security deposit will be billed to the depositor. The security deposit will
be disbursed upon journalization of an entry either terminating or vacating a
sheriffs sale. (C)
When filing an entry terminating or vacating a sheriffs sale, the entry
should first be presented to the clerks office to be costed out before
presenting it to the judge for signature and journalization.
9.04 (04-26-00)
Prior to the clerk accepting a case transferred from the Franklin County
Municipal Court, in which the demand contained in the counterclaim or
cross-claim exceeds the monetary jurisdiction of that court, the
counterclaimant or cross-claimant shall post security for costs in the sum
equal to the amount required if the case was originally filed in the Common
Pleas Court. The clerk shall immediately notify the counterclaimant or
cross-claimant of the security for costs. If the counterclaimant or
cross-counterclaimant fails to post such security, the case shall be remanded
to the Municipal Court.
9.05 (04-26-00)
The clerk of courts shall not accept a final judgment entry for filing unless
the entry specifies exactly how and by whom the remaining costs are to be paid.
9.06 (04-26-00)
A
t least once every three months after the filing of a final judgment entry, the
clerk of courts shall send a statement to all parties against whom costs have
been taxed. If a party fails to pay the costs reflected in the statement after
two such notices, the clerk of courts shall issue a certificate of judgment
against said party for the amount of the unpaid costs.
9.07 (04-26-00)
The first party making a jury demand in a civil action before this court,
shall deposit $300 with the clerk of courts no later than the Friday before the
trial date reflected in the case schedule. Failure to deposit $300 within the
time allotted shall constitute a waiver of jury.
9.08
Schedule of security deposits and filing fees.
General Division
CIVIL ACTIONS
Civil Complaints-Filing Categories A,B,C,D and H
..
$225.00
Civil Case Complaint-Filing Category E (Foreclosure )
$300.00
Administrative Appeals-Filing Category F
$100.00
Confession of Judgment (Cognovit)
.
$100.00
Third Party Complaint with service upon each new party defendant
.
$25.00
Opening a Miscellaneous case for presentation of a non-adversarial
issue to the Court
$35.00
SERVICE BY PUBLICATION
Publication in the Daily Reporter
..
$500.00
CERTIFICATES OF JUDGMENT
Filing of Certificate of Judgment from a Franklin County Common Pleas
Court Judgment
..
$38.00
Domesticating a Foreign Judgment (Includes Service)
..
$38.00
Certificate of Judgment Transferred to Franklin County Common Pleas
Court from a U.S. District Court or an Ohio Court of Record
.
$33.00
Preparation of a Certificate of Judgment for Transfer
.
$7.00
Release or Partial Release of Certificate of Judgment
.
$5.00
EXECUTIONS
Order in Aid Proceedings (Judgment Debtor Exam)
$25.00
Order in Aid Proceedings (Property other than Personal Earnings)
Per Garnishee
$25.00
Plus $1.00 per Garnishee
Order in Aid Proceeding (Garnishment of Personal Earnings)
.
$35.00
Plus $10.00 per Employer
Praecipe for a Writ of Execution
..
$90.00
Subsequent or Alias Executions on the Same Case
$44.00
MISCELLANEOUS
Arbitration-Local Rule 103.04C ($175.00 Each party)
.
$350.00
Appeal
de novo
.
$150.00
Capias Praecipe
.
$14.00
Certificate to Copies (aka Exemplification or Triple Seal)
..
$4.00
Lis Pendence Actions
$5.00
Motion or Petition to Vacate, Revive or Modify Judgment
;
..
$15.00
Praecipe for Order of Sale, Alias, Pluries and in Partition (per parcel)
$600.00
Praecipe for Writ of Partition
$14.00
Praecipe for Writ of Possession (Habere Facias)
..
$44.00
Praecipe for a Writ of Restitution
.
$44.00
Praecipe for a Writ of Vendi Exponas
.
;
$600.00
Subpoena-Service by a Sheriff
..
$10.00 NON-JUDICIAL RELATED FUNCTIONS
Certified Copy
;
$1.00
Notary Signature Verification Document
..
$2.00
Registration of Notary Commission
..
$5.00
Administering Oath
$1.00
Registration of Optometry License
$2.00 LICENSES
Deer Permits
..
;
$20.00
Fishing Licenses
$15.00
Hunting Licenses
$15.00
Replacement Duplicate of all Licenses
.
$3.00
RULE 11 - PLEADINGS AND MOTIONS
11.0
1 Every pleading, motion, and memorandum filed shall have typed or printed on
it the name, Ohio Supreme Court attorney registration number, address, and
telephone number of counsel filing the same, and when the counsel is a firm of
attorneys, a particular attorney within the firm having primary responsibility
for the case and his or her Ohio Supreme Court attorney registration number
shall be indicated thereon.
11.02
When a new party plaintiff or defendant is added to a case after its
commencement, the caption of subsequent pleadings shall contain the name and
address of the new party, followed by the specific designation of "new
party plaintiff" or "new party defendant" as is applicable.
11.03
Counsel shall file with the assignment office written notice of any change of
address. The notice shall include the Ohio Supreme Court attorney
registration number for each attorney.
11.04
All motions, briefs and memoranda, pro, contra
, and reply shall be filed in duplicate.
11.05
All motions, memoranda contra and replies shall be titled in the following
manner:
MOTION:
MOTION OF [plaintiff/defendant] [party name]
[to/for] [type of motion]
MEMORANDUM CONTRA:
MEMORANDUM CONTRA OF [plaintiff/defendant] [party name]
TO [plaintiff/defendant] [party name]'S
MOTION [to/for] [type of motion] FILED [date of motion]
REPLY:
REPLY OF [plaintiff/defendant] [party name]
TO [plaintiff/defendant] [party name]'S
MEMORANDUM CONTRA TO MOTION FILED [date of motion]
11.06
All pleadings and motions shall be typewritten or printed, double spaced, on
8 ½ by 11 paper, and in at least 12 point type. The caption shall identify
the plaintiff(s) and defendant(s) by name and complete address, including zip
code. Post office box numbers shall not be used as a complete address. The
plaintiff(s) shall file a sufficient number of copies of the complaint to
permit the clerk to retain one copy and to serve a copy of the complaint upon
each named defendant.
RULE 12 - PAGE LIMITATIONS (8/24/01)
12.01
A supporting or opposing memorandum or brief including administrative
appeals, shall not exceed fifteen (15) pages exclusive of any supporting
documents. Any supporting or opposing memorandum or brief which exceeds
fifteen (15) pages shall not be accepted for filing without prior leave of the
Court.
12.02
A reply memorandum or brief including administrative appeals shall not exceed
seven pages and shall be restricted to matters in rebuttal. Any reply
memorandum or brief which exceeds seven pages shall not be accepted for filing
without prior leave of the Court.
12.03
A motion for leave to file a memorandum or brief in excess of the page
limitations set forth in 12.01 and 12.02 above shall be made by no later than
seven days prior to the time for filing the brief and a time-stamped copy be
hand delivered to the judge's chambers. Such motion shall set forth the
unusual and extraordinary circumstances which necessitate exceeding the page
limitation.
RULE 13 - RULE DAY EXTENSIONS
13.01
By agreement of counsel any party may be permitted two leaves to move or
plead provided the total extension of time does not exceed 28 days. That
consent shall be evidenced by a "Consent to Plead" signed by all
counsel and filed with the Clerk. The "Consent to Plead" shall not
be submitted to the Court for approval.
13.02
Where an additional extension of time beyond that provided by Loc. R. l3.0l
is needed or where the parties cannot agree upon an extension of time, the
party desiring the extension shall file a written motion supported by an
affidavit stating facts indicating the practical impossibility of pleading
within rule and demonstrating good cause for further extension. The motion and
affidavit shall be filed on or before the expiration of the time to move or
plead. The motion and affidavit shall be served upon opposing counsel, and the
matter shall be heard at a time to be fixed by the Trial Judge. The motion
and affidavit will be required even though consent of opposing counsel is
obtained if the extension is for a period of time beyond that permitted by Loc.
R. l3.01.
RULE 15 - RULE DAYS NOT FIXED BY LAW
15.01
In all cases where the time for the filing of pleading or amended pleadings
is not fixed by law or other rule, the pleadings or amended pleadings shall be
filed on or before the 14th day after the date of the entry requiring or
granting leave for the filing of pleadings or amended pleadings unless
otherwise specified in the entry and approved by the Trial Judge. The opposing
party shall move or plead to the pleadings or amended pleadings so filed on or
before the 14th day after the pleadings or amended pleadings are filed.
15.02
No pleading or motion shall be amended by interlineation or obliteration
except upon express prior leave of the Trial Judge. Upon the filing of an
amended pleading or motion, the original or any prior amendment shall not be
withdrawn from the files.
RULE 17 - OFFICIAL NOTIFICATION OF COUNSEL
17.01
The Case Schedule and publication in the Daily Reporter shall be deemed
official and complete notification to all counsel of any assignment of any case
for any purpose whatever. It shall be the duty of counsel to ascertain from
the Case Schedule and the Daily Reporter any official notification pertaining
to any case. 17.02
Where mail notification is provided for by these rules, or is otherwise
given, non-delivery of mail notification shall not excuse the non-appearance of
counsel where notice has also been given by publication in the Case Schedule
or the Daily Reporter as provided by Loc. R. 17.01.
17.03
Any mail notification shall be sufficient if it specifically directs the
attention of counsel to the official notification in the Case Schedule or the
Daily Reporter without particularly setting forth any specific case style or
number or the exact time of hearing.
17.04
On or before the 270th day after the filing of a 24-month time track case,
and on or before the 90th day after the filing of a l2-month track case,
counsel for the plaintiff, or the plaintiff, if not represented, shall file
with the assignment office a "Notice of Counsel", on a form provided
by that office. The "Notice of Counsel" form shall contain the names
and addresses of all trial counsel and the parties they represent, and the
names and addresses of all parties not represented.
Notice of any change, addition or deletion of counsel shall be originally filed
with the assignment office. Nothing in this Rule shall prevent any party or
counsel from timely filing such notice.
17.05
File copies of computer-generated notices which are produced in duplicate of
any event scheduled before this Court shall be filed with the Clerk,
microfiched, and docketed with microfiche coordinates.
RULE 18 - WITHDRAWAL OF TRIAL ATTORNEY - [7/21/94]
18.01
An attorney desiring to withdraw from representation of a client in civil or
criminal cases shall file a motion to withdraw stating the reasons for the
withdrawal. The motion shall also include the last current address and phone
number of the client and certification by the attorney that the following
conditions have been met:
a.
notice has been given to the client advising the client of all orders and all
upcoming assignment dates affecting the client;
b.
notice has been given to all counsel, or if unrepresented, notice has been
given to the parties.
18.02
No attorney shall be permitted to withdraw from a case later than 20 days
prior to a trial or dispositive hearing except for extraordinary circumstances
that require direct permission of the Court.
RULE 19 - CERTIFICATE OF SERVICE
19.01
Every pleading, motion, brief, memorandum, or argument in writing filed with
the Court or a judge shall be served upon all opposing counsel and upon all
parties not represented by counsel. Proof of service in writing shall be shown
on or attached to the pleading, motion, brief, memorandum, or argument in
writing. No paper delivered to the Court or a judge without a certificate of
service shall be considered by any judge of this Court except trial briefs
where it has been agreed by counsel that they shall not be exchanged.
RULE 21 - HEARINGS AND SUBMISSION OF MOTIONS
21.01
All motions shall be accompanied by a brief stating the grounds and citing
the authorities relied upon. The opposing counsel or a party shall serve any
answer brief on or before the 14th day after the date of service as set forth
on the certificate of service attached to the served copy of the motion. The
moving party shall serve any reply brief on or before the 7th day after the
date of service as set forth on the certificate of service attached to the
served copy of the answer brief. On the 28th day after the motion is filed,
the motion shall be deemed submitted to the Trial Judge. Oral hearings on
motions are not permitted except upon leave of the Trial Judge upon written
request by a party. The time and length of any oral hearing shall be fixed by
the Trial Judge. Except as otherwise provided, this Rule shall apply to all
motions.
21.02
Motions for temporary restraining orders, preliminary injunctions,
appointment of receivers, or similar urgent equitable relief shall be submitted
to the Trial Judge at a time to be fixed by the Assignment Commissioner with
the concurrence of Trial Judge. Notice of the time and place of the hearing
shall be served upon the adverse party or his counsel. No matter shall be
heard ex parte
unless, from affidavits filed with the motion, the Trial Judge determines that
extraordinary undue hardship would result to the moving party by any delay in
proceeding. Even when the order is issued ex parte
as provided herein, a hearing on the continuance of order shall be scheduled
and held after notice as provided herein. Evidence upon any hearing shall be
in the form of affidavits or depositions which must be filed in advance of the
hearing, if possible. No oral testimony shall be permitted upon any motion
unless the Trial Judge for good cause directs otherwise.
21.03
Interrogatories under Civ. R. 33, requests for production or inspection under
Civ. R. 34, and requests for admissions under Civ. R. 36 shall be served upon
other counsel or parties in accordance with those rules, but shall not be filed
with the Court. The party responding shall file with the Court
interrogatories and requests together with any responses and objections. If
relief is sought under Civ. R. 26 (C) or Civ. R. 37 concerning any
interrogatories, requests for production or inspection, and requests for
admissions, copies of the portions of the documents which are in dispute shall
be filed with the Court contemporaneously with any motion filed under Civ. R.
26 (C) or Civ. R. 37.
RULE 22 - NOTICE OF SETTLEMENT - [7/21/94]
22.01
The purpose of this rule is to 1) reduce the Court's expenditure of time on
cases that have already settled, but no notice has been given to the Court; and
2) to facilitate the scheduling of other cases remaining on the Court's
docket.
22.02 (1-30-01)
Whenever the parties have reached a settlement agreement prior to the trial
date or when an action is voluntarily dismissed, it shall be the duty of
counsel for the plaintiff to immediately notify the trial court by telephone or
electronic transmission, particularly if there are any pending motions that
would involve the Courts time. If the case or any issue in the case has
been referred to a magistrate, the magistrate likewise shall be immediately
notified of the settlement or voluntary dismissal.
22.03
If a settlement or dismissal occurs within 24 hours of the scheduled trial
date, counsel for the plaintiff shall notify the bailiff as soon as
practicable, but no later than 9:00 a.m. on the day of trial.
22.04
All CR. 41(A) dismissals, whether or not signed by the judge, must be
presented to the bailiff for termination before filing.
22.05
Failure to abide by the rule may subject either counsel to the sanctions
under LocR. 39.05(C).
RULE 23 - TRIAL PROCEDURE
23.01
Trial procedure shall be in accordance with statute or rules of the Supreme
Court of Ohio.
permitted to speak on any interlocutory motion, or upon any question arising in
the trial of a case, and only one counsel for each adverse party will be
permitted to examine the same witness in any trial or proceeding before the
Court. A witness, not a party, when examined, cannot be recalled without
permission of the Trial Judge.
RULE 25 - ENTRIES
25.01
Unless the Trial Judge otherwise directs, counsel for the party in whose
favor a decision, order, decree, or judgment is rendered, shall within five
days thereafter prepare the proper journal entry and submit it to the counsel
for the adverse party, who shall approve or reject the entry within three days
after receipt. Name of the counsel and of the Trial Judge shall be typed or
printed upon the entry. When the entry is approved by counsel, it shall be
signed and presented to the Trial Judge for approval, and if signed by the
Trial Judge, shall then be filed with the Clerk. If counsel are unable to
agree upon the entry, the dispute shall be submitted to the Trial Judge, who
will direct what entry shall be made.
25.02
If counsel fails to present any entry within 20 days after the decision,
order, decree, or judgment is rendered, the Trial Judge shall cause the proper
entry to be prepared and filed without submission or notice to counsel or take
such other action as may be appropriate under the circumstances.
25.03 Counsel shall promptly submit an entry of dismissal to the Trial Judge
following settlement of any case. If counsel fails to present such an entry to
the Trial Judge within 20 days after representation to the Trial Judge that a
case has been settled, the Trial Judge may order the case dismissed for want of
prosecution.
25.04
All entries should: (1) state the reason for entry, or (2) relate the entry
to the motion decided and the date of decision, and (3) indicate whether or not
it is a FINAL ENTRY.
RULE 27 - JURIES, JURORS - [05/18/94]
27.01
Opportunity for Service
A.
The opportunity for jury service in Franklin County shall not be denied or
limited on the basis of race, national origin, gender, age, religious belief,
income, occupation, disability or any other factor that discriminates against a
cognizable group in the jurisdiction of the Court.
B.
Jury service is an obligation of all qualified citizens of Franklin County,
Ohio.
Ohio Statutes
O.R.C. 2313.47
Race or color shall not disqualify a juror.
27.03
Jury Source List
A.
Pursuant to Court Order, the jury source list shall be obtained from the Board
of Elections' list of registered voters.
B.
The jury source list shall be representative and should be as inclusive of the
adult population in Franklin County as is feasible.
C.
The court shall on a regular basis review the jury source list for its
representativeness and inclusiveness of the adult population in Franklin County
as is feasible.
D.
Should the court determine that improvement is needed in the representativeness
or inclusiveness of the jury source list, appropriate corrective action shall
be taken.
E.
"Ballots" or automated data processing electronic/ magnetic storage
devices remaining after the creation of the annual juror tape, on the jury draw
automated data processing electronic/magnetic storage device, shall be
disposed of by the erasure and/or reuse of this device for any other data
processing use, pursuant to section 2313.35 O.R.C.
Ohio Statutes
O.R.C. 1901.25
Selection and impaneling of a jury.
O.R.C. 1907.28
Authorizes county courts to adopt local rules regarding jury selection and
impaneling.
O.R.C. 2311.42
Authorizes the drawing of a jury from an adjoining county if a party to the
case is the board of county commissioners.
O.R.C. 2313.06
Provisions relative to the summoning of jurors using lists of voters and
licensed drivers.
O.R.C. 2313.07
Construction of a jury wheel and the use of data processing equipment in
drawing jurors.
O.R.C. 2313.08 Contains provisions relative to the annual jury list.
O.R.C. 2313.09
Supplemental jury lists.
O.R.C. 2313.15 Report of names of jurors excused.
O.R.C. 2313.20
Notice of drawing.
O.R.C. 2313.21 Conduct of drawing.
O.R.C. 2313.26
Order for additional number of jurors.
27.05
Random Selection Procedures
A.
Random selection procedures are to be used in selecting persons to be summoned
for jury service, assigning prospective jurors to panels and calling
prospective jurors for voir dire.
Departures from the principle of random selection are appropriate only to
comply with lawful exceptions.
B.
The prospective juror list shall be created through the use of automated data
processing electronic/magnetic storage devices pursuant to 2313.07(C),
2313.08(C) and 2313.21(C) of the Ohio Revised Code and such automated
information retrieval systems shall not be activated except by order of this
Court.
Ohio Statutes
O.R.C. 1901.25
Selection and impaneling of a jury.
O.R.C. 1907.28
Authorizes county courts to adopt local rules regarding jury selection and
impaneling.
O.R.C. 2101.30 Drawing of a jury in probate cases.
O.R.C. 2313.07
Construction of a jury wheel and the use of data processing equipment in
drawing jurors.
O.R.C. 2313.08 Contains provisions relative to the annual jury list.
O.R.C. 2313.09
Supplemental jury lists.
O.R.C. 2313.15 Report of names of jurors excused.
O.R.C. 2313.21
Conduct of drawing.
27.07
Eligibility for Jury Service
A.
All persons shall be eligible for jury service except those who:
Are less than eighteen years of age;
Are not citizens of the United States;
Are not residents of the jurisdiction in which they have been summoned to serve
; to wit, Franklin County;
Are not able to communicate in the English language; or
Have been convicted of a felony and have not had their civil rights restored.
Ohio Statutes
O.R.C. 1901.25
Selection and impaneling of a jury.
O.R.C. 1907.28
Authorizes county courts to adopt local rules regarding jury selection and
impaneling.
O.R.C. 2961.01 Precludes convicted felons from serving as jurors.
27.09
Term of and Availability for Jury Service
A.
Unless otherwise provided by law or order of the Court, jurors shall be called
to serve a tour of two weeks. The tours of the jurors shall be staggered so
that a new panel of jurors is called each week to serve the respective tours.
Jurors shall be oriented by the Duty Judge. Jurors may be excused or deferred
pursuant to R.C. Sections 2313.16 by a representative of the Court. That
representative may be any judge of the Common Pleas Court or the Deputy Jury
Commissioner(s) who shall pass on requests by jurors to be excused or deferred
from jury duty.
B.
"Ballots" or automated data processing electronic/ magnetic storage
devices containing the names of jurors who serve as jurors shall be disposed of
by erasing those names and reusing the tag device immediately after the
service by the juror has terminated unless otherwise ordered by the Court
pursuant to section 2313.30 O.R.C.
27.11
Exemption, Excuse and Deferral
A.
All automatic excuses or exemptions, with the exception of statutory exemptions
from jury service, should be eliminated.
B.
Prospective jurors may be excused for the following reasons: over age 70 and
request to be excused; financial hardship; personal or family illness;
childcare hardship; school hardship; physician; firefighter; or lawyer.
Prospective jurors are rescheduled for the following reasons: vacation;
employment hardship; or student.
C.
Deferrals for jury service for reasonably short periods of time may be
permitted by a judge or specifically authorized court official.
D.
Requests for excuses and deferrals and their disposition shall be written or
otherwise made or recorded. See Exhibit A.
Ohio Statutes
O.R.C. 737.26
Exempts fireman from jury duty.
O.R.C. 1901.25
Selection and impaneling of a jury.
O.R.C. 1907.28
Authorizes county courts to adopt local rules regarding jury selection and
impaneling.
O.R.C. 2313.12 Jury exemptions; proof of exemptions.
O.R.C. 2313.13
Postponement of jury service; temporary excuse or discharge.
O.R.C. 2313.14
Failure to attend after postponed service.
O.R.C. 2313.15
Report of names of jurors excused.
O.R.C. 2313.16
Reasons for which jurors may be excused.
O.R.C. 2313.27
Evasion of jury service.
O.R.C. 2313.36 Exemptions from jury service in court of record.
O.R.C. 5919.20
Exempts certain officers and personnel of the Ohio National Guard from jury
service. O.R.C. 5920.10
Exempts members of the Ohio Military Reserve from jury duty.
O.R.C. 5921.09
Exempts members of the Ohio Naval Militia from jury service.
27.13 Voir Dire
A.
Voir dire examination shall be limited to matters relevant to determining
whether to remove a juror for cause and to determine the juror's fairness and
impartiality.
B.
To reduce the time required for voir dire, basic background information
regarding panel members should be made available to counsel in writing for each
party on the day on which jury selection is to begin. See Exhibit B.
C.
The trial judge shall conduct a preliminary voir dire examination. Counsel
shall then be permitted to question panel members for a reasonable period of
time.
D.
The judge should ensure that the privacy of prospective jurors is reasonably
protected, and the questioning is consistent with the purpose of the voir dire
process.
E.
In criminal cases, the voir dire process shall be held on the record unless
waived. In civil cases, the voir dire process SHALL NOT be held on the record
unless requested by the parties.
F. Rules on Voir Dire
The case may not be argued in any way while questioning the jurors.
Counsel may not engage in efforts to indoctrinate jurors.
Jurors may not be questioned concerning anticipated instructions or theories
of law. This does not prevent general questions concerning the validity and
philosophy of reasonable doubt or the presumption of innocence.
Jurors may not be asked what kind of verdict they might return under any
circumstance.
Questions are to be asked collectively of the entire panel whenever possible.
G.
All prospective jurors shall complete the "Juror Questionnaire"
approved by the Court. If a trial judge approves a supplemental questionnaire,
jurors shall complete the supplemental questionnaire.
H.
Subject to the availability of jurors, the Deputy Jury Commissioner shall, at
all times, have a panel of jurors available for call to a courtroom. Such
panel shall be randomly drawn and shall consist of twenty-four jurors.
I.
When a bailiff requests that a panel of jurors report to a courtroom, the
Deputy Jury Commissioner shall provide for the bailiff the prepared panel of
jurors, along with three copies of the Questionnaire.
J.
If a lesser or greater number of jurors is needed for the case that is called,
the bailiff shall advise the Deputy Jury Commissioner of the number of jurors
needed. If available, the jurors, along with copies of their Questionnaires,
shall be made available to the bailiff.
K.
The Questionnaire shall be used by the parties for purposes of voir dire only.
No copies of the Questionnaire shall be made by the parties. Upon completion
of the voir dire, the copies of the Questionnaire shall be returned to the
bailiff who shall return them to the Deputy Jury Commissioner when the juror
has completed his or her service in the courtroom. The Questionnaire is not to
be marked on.
Ohio Statutes
O.R.C. 1901.25
Selection and impaneling of a jury.
O.R.C. 1907.28
Authorizes county courts to adopt local rules regarding jury selection and
impaneling.
Court Rules
Civ. R. 47 Jurors.
Crim.R. 24 Trial jurors.
27.15
Removal from the Jury Panel for Cause
A.
If the judge determines during the voir dire process that any individual is
unable or unwilling to hear the particular case at issue fairly and
impartially, that individual shall be removed from the panel. Such a
determination may be made on motion of counsel or by the judge.
Ohio Statutes
O.R.C. 1901.25
Selection and impaneling of a jury.
O.R.C. 1907.28
Authorizes county courts to adopt local rules regarding jury selection and
impaneling.
O.R.C. 2313.42 Challenge for cause of persons called as jurors.
O.R.C. 2313.43
Challenge of petit jurors.
O.R.C. 2945.25 Causes for challenging jurors.
O.R.C. 2945.26
Challenge of juror for cause.
Court Rules
Civ. R. 47 Jurors.
Crim.R. 24 Trial jurors.
27.17
Peremptory Challenges
A.
Procedures for exercising peremptory challenges shall be in accordance with the
Ohio Civil and Criminal Rules adopted by the Supreme Court of Ohio and
applicable statutory authority.
Ohio Statutes
O.R.C. 1901.25
Selection and impaneling of a jury.
O.R.C. 1907.28
Authorizes county courts to adopt local rules regarding jury selection and
impaneling.
O.R.C. 2938.06 Number of jurors and challenges.
O.R.C. 2945.21
Peremptory challenges.
O.R.C. 2945.23 Use of peremptory challenges.
Court Rules
Civ. R. 47 Jurors.
Crim.R. 24 Trial jurors.
27.19
Administration of the Jury System
A.
The responsibility for administration of the jury system shall be vested
exclusively in the Franklin County Common Pleas Court.
B.
All procedures concerning jury selection and service should be governed by
these rules and other applicable statutes and the Ohio Rules of Criminal
Procedure and Civil Procedure.
Ohio Statutes
O.R.C. 1901.14
Authorizes the adoption of local rules regarding the summoning of jurors.
O.R.C. 1907.28
Authorizes county courts to adopt local rules regarding jury selection and
impaneling.
O.R.C. 2313.01 Authorizes the appointment of jury commissioners.
O.R.C. 2313.02
Compensation and appointment of deputies and clerks in the office of jury
commissioners.
O.R.C. 2313.03 Oath of office for jury commissioners.
O.R.C. 2313.04
Lists cases in which the deputy jury commissioner may act.
27.21
Notification and Summoning Procedures
The notice summoning a person to jury service should be:
A.
Phrased so as to be readily understood by an individual unfamiliar with the
legal and jury systems.
B.
Delivered by ordinary mail.
C.
The summons should clearly explain how and when the recipient must respond and
the consequences of a failure to respond.
D.
Jurors who fail to report for service may be scheduled for a contempt hearing
before a referee or judge to inform the hearing officer as to why they did not
appear. Sanctions are imposed as warranted.
Ohio Statutes
O.R.C. 1905.28
Gives the mayor of a municipal corporation the authority to compel the
attendance of jurors.
O.R.C. 1907.29
Cross-references to civil and criminal rules and authorizes the punishment by
contempt for summoned jurors who refuse to serve.
O.R.C. 2101.30
Drawing of a jury in probate cases.
O.R.C. 2313.10
Notice to jurors to appear and testify before jury commissioners.
O.R.C. 2313.11
Failure of summoned juror to attend or testify.
O.R.C. 2313.14
Failure to attend after postponed service.
O.R.C. 2313.25
Service and return of venire.
O.R.C. 2313.26 Order for additional number of jurors.
O.R.C. 2313.29
Failure of juror to attend.
O.R.C. 2313.30 Arrest for failure to attend.
27.23
Monitoring the Jury System
A.
The Court shall collect and analyze information regarding the performance of
the jury system on a regular basis in order to evaluate:
The representativeness and inclusiveness of the jury source list;
The effectiveness of qualification and summoning procedures;
The responsiveness of individual citizens to jury duty summonses;
The efficient use of jurors; and
The cost-effectiveness of the jury management system.
27.25 Juror Use
A.
The Court shall determine the minimally sufficient number of jurors needed to
accommodate trial activity. This information and appropriate management
techniques should be used to adjust both the number of individuals summoned for
jury duty and the number assigned to jury panels.
B.
The Court should use the services of prospective jurors so as to achieve
optimum results with a minimum of inconvenience to the juror.
Ohio Statutes
O.R.C. 2313.19
Number of jurors drawn.
O.R.C. 2313.24 Number of jurors; exception for smaller counties.
27.27
Jury Facilities
A.
The Court shall provide an adequate and suitable environment for jurors.
B.
The entrance and registration area shall be clearly identified and
appropriately designed to accommodate the daily flow of prospective jurors to
the courthouse.
C.
Jurors shall be accommodated in pleasant waiting facilities furnished with
suitable amenities.
D.
Jury deliberation rooms shall include space, furnishings and facilities
conducive to reaching a fair verdict. The safety and security of the
deliberation rooms shall be ensured.
E.
To the extent feasible, juror facilities should be arranged to minimize contact
between jurors, parties, counsel and the public.
Ohio Statutes
O.R.C. 1907.29
Cross-references to civil and criminal rules and authorizes the punishment by
contempt for summoned jurors who refuse to serve.
O.R.C. 2313.05
Office and supplies for the jury commissioners.
O.R.C. 2315.03
Deliberations of jury.
O.R.C. 2945.33
Keeping and conduct of the jury after case is submitted to the jury.
27.29
Juror Compensation
A.
Persons called for jury service shall receive fees which are set by statute.
Petit jurors shall receive $7.50 per day for the first ten days and $15.00 per
day for each day thereafter. Grand jurors shall receive a fee of $10.00 per
day.
B.
Such fees shall be paid weekly by the Clerk of Courts.
C.
Employers SHALL be prohibited from discharging, laying-off, denying advancement
opportunities to, or otherwise penalizing employees who miss work because of
jury service.
Ohio Statutes
O.R.C. 1901.25
Selection and impaneling of a jury.
O.R.C. 1907.28
Authorizes county courts to adopt local rules regarding jury selection and
impaneling.
O.R.C. 2101.16 Cross-references to other sections regarding jury fees.
O.R.C. 2313.34
Discharge of juror, compensation.
27.31
Juror Orientation and Instruction
A.
The Court shall have an orientation program:
Designed to increase prospective jurors' understanding of the judicial system
and prepare them to serve competently as jurors;
Presented in a uniform and efficient manner using a combination of written,
oral and audiovisual material.
B.
The Court shall provide orientation or instructions to persons called for jury
service.
C. The trial judge should:
Give preliminary instructions to all prospective jurors;
Give instructions directly following empanelment of the jury to explain the
jury's role, the trial procedures including notetaking and questioning by
jurors, the nature of evidence and its evaluation, the issues to be addressed
and the basic relevant legal principles;
Prior to the commencement of deliberation, instruct the jury on the law, on the
appropriate procedures to be followed during deliberations and on the
appropriate method for reporting the results of its deliberations. Such
instructions may be made available to the jurors during deliberations;
Prepare and deliver instructions which are readily understood by individuals
unfamiliar with the legal system; and
Provide written instructions when possible.
Before dismissing a jury at the conclusion of a case, the trial judge should:
Release the jurors from their duty of confidentiality;
Explain their rights regarding inquiries from counsel or the press;
Either advise them that they are discharged from service or specify where they
must report; and
Express appreciation to the jurors for their service, but not express approval
or disapproval of the result of the deliberation.
D.
All communications between the judge and members of the jury panel from the
time of reporting to the courtroom for voir dire until dismissal shall be in
writing or on the record in open court. Counsel for each party shall be
informed of such communication and given the opportunity to be heard.
Ohio Statutes
O.R.C. 2945.10
Order of trial proceedings, including the charge to the jury.
O.R.C. 2945.11
Charge to the jury on questions of law and fact.
O.R.C. 2945.34
Admonition to be administered to jurors if they are separate during trial.
Court Rules
Civ. R. 51
Instructions to the jury; objections.
Crim.R. 30
Instructions to the jury.
27.33 Jury Size and Unanimity of Verdict
A.
Jury size and unanimity in civil and criminal cases shall conform with existing
Ohio law.
Ohio Statutes
O.R.C. 1901.24
Cross-references to civil and criminal rules related to juries.
O.R.C. 1907.29
Cross-references to civil and criminal rules and authorizes the punishment by
contempt for summoned jurors who refuse to serve.
O.R.C. 2938.06
Number of jurors and challenges.
Court Rules
Civ.R. 38
Jury trial of right.
Civ.R. 48 Juries, majority verdict, stipulation of number of jurors.
Civ. R. Form 18
Judgment on jury verdicts.
Crim.R. 23 Trial by jury or by the court.
27.35
Jury Deliberations
A.
Jury deliberations should take place under conditions and pursuant to
procedures that are designed to ensure impartiality and to enhance rational
decision-making and shall conform with existing Ohio law.
B.
The judge should instruct the jury concerning appropriate procedures to be
followed during deliberations.
C.
A jury should not be required to deliberate after the normal closing time of
the Court unless the trial judge determines that evening or weekend
deliberations would not impose an undue hardship upon the jurors and are
required in the interest of justice.
D.
Training should be provided to personnel who escort and assist jurors during
deliberation.
Ohio Statutes
O.R.C. 2315.03
Deliberation of jury.
O.R.C. 2315.04 Duty of officer in charge of jury.
O.R.C. 2945.32
Contains the oath to be administered to an officer if the jury is sequestered.
O.R.C. 2945.33
Keeping and conduct of the jury after case is submitted to the jury.
Court Rules
Civ. R. Form 18
Judgement on jury verdicts.
Crim.R. 30 Instructions to the jury.
27.37
Sequestration of Jurors
A.
A jury should be sequestered only for good cause, including but not limited to
insulating its members from improper information or influences.
B.
THE JURY SHALL BE SEQUESTERED AFTER A CAPITAL CASE IS SUBMITTED TO THE JURY in
conformity with existing Ohio law.
C.
The trial judge shall have the discretion to sequester a jury on the motion of
counsel or on the judge's initiative and shall have the responsibility to
oversee the conditions of sequestration..
D.
Standard procedures should be promulgated to:
Achieve the purpose of sequestration; and
Minimize the inconvenience and discomfort of the sequestered jurors.
E.
Training shall be provided to personnel who escort and assist jurors during
sequestration.
Ohio Statutes
O.R.C. 2315.04
Duty of officer in charge of jury.
O.R.C. 2945.31
Allows, but does not require, sequestering of jurors after a trial has
commenced.
O.R.C. 2945.33
Requires sequestration of jurors in capital cases once a case is submitted to
the jury.
Court Rules
Crim.R. 24 Trial jurors.
JUROR NAME
DATE
EXCUSE/RESCHEDULE
NAME
_______________________________________________________________________________
_
ADDRESS_______________________________________________________
ZIP__________________
TELEPHONE______________________________________________________________________
____
DATE TO
SERVE______________________________________________________________________
CHANGE
TO__________________________________________________________________________
REASON:
__________OVER 70
__________NO TRANSPORTATION
__________NOT PAID
__________SELF-EMPLOYED
__________DR. CERTIFICATE/ILLNESS
__________OUT OF TOWN
__________SMALL CHILDREN
__________MOVED FROM COUNTY
__________STUDENT
__________ILL RELATIVE
__________OTHER________________________________________________________________
_____
SIGNATURE OF JUROR
_______________________________________________________________
OR
INFORMATION RECEIVED BY TELEPHONE BY ________________________________________
__________EXCUSED
__________NOT EXCUSED __________RESCHEDULE
APPROVED BY:
______________________________________________________________________
JUDGE/DEPUTY JURY COMMISSIONER
RULE 29 - AGREEMENTS
29.01
No oral agreement of counsel with each other, or with a party or an officer of
the Court, will be regarded unless made in open court.
RULE 31 - ASSIGNMENT OF CASES
31.01 Single Assignment System
The assignment of cases shall be provided by these rules on a single assignment
basis. Each case shall be assigned to a specific judge as provided in this
rule as soon as it is filed and shall be retained by the Trial Judge until
final disposition or reassignment. All questions including all motions shall
be considered and determined only by the Trial Judge.
All entries including dismissal entries shall be presented to and signed only
by the Trial Judge, except as provided in Loc. R. 5.06. Nothing in this rule
shall prevent the transfer of a case or cases from one judge to another with
the concurrence of the Administrative Judge and the judges involved. If cases
assigned to different judges are consolidated, both cases shall be deemed
assigned to the Trial Judge having the lower numbered case. See 31.04.
If a case is dismissed and subsequently refiled, the refiled complaint shall
contain the following designation under the case number: "THIS IS A
REFILED CASE." The Trial Judge to whom the case was previously assigned
shall be reassigned to the refiled case. Failure to comply with this rule may
subject the attorney or party to sanctions under Loc. R. 39.05(c).
31.02 When Cases Assigned
Civil cases shall be assigned to a specific Trial Judge at the time the case is
filed. Criminal cases shall be assigned to a specific Trial Judge immediately
after the arraignment. The name of the Trial Judge to whom the case is
assigned shall be placed on the case file and, in civil cases, on the Case
Schedule by the Clerk of Court. Except cases in which a cognovit judgment is
sought, cases shall be randomly assigned to individual Trial Judges.
31.03 Procedure of Assignment of Cases
The Clerk of Court shall maintain a computer listing of the names of all Trial
Judges of the General Division of this Court. At the time of the filing of a
civil case, the Clerk of Court shall cause the computer to assign, at random, a
Trial Judge from the list and shall enter that Trial Judge's name into the
case record. Immediately after arraignment, criminal cases shall be assigned a
Trial Judge, at random, with due regard for other pending criminal cases.
Assignments shall continue, at random, until each Trial Judge on the list has
been assigned a case.
31.04 Consolidation of Cases - [7/21/94]
When actions involving common questions of law or fact are pending before
different judges, a party may move the Court to consolidate the actions,
subject to the provisions of Civ. R. 42(A). The motion shall be filed in each
case which the movant seeks to consolidate. The motion to consolidate shall be
ruled upon by the trial judge assigned to the case and approved by the judge
having the lowest numbered case to whom the consolidated cases will be
transferred.
Upon approval of consolidation, an entry prepared in accordance with Loc. R. 25
shall be presented for signature to the judge having the lowest numbered case
and thereafter to each judge whose cases are affected by the consolidation.
The entry shall bear the complete case captions of all cases to be consolidated
and signature spaces for all assigned judges.
Consolidated cases shall be deemed assigned to the trial judge having the
lowest numbered case. Although cases have been consolidated, each case shall
remain separate and distinct. All subsequent pleadings shall bear the complete
captions of all consolidated cases and shall be filed in each case.
The case schedule of the lowest numbered case shall control the proceedings of
consolidated cases unless otherwise ordered by the Court.
CASE FLOW MANAGEMENT PRACTICE AND PROCEDURE
STATEMENT OF PURPOSE
When litigation is filed in this Court, we judges believe it is important that
the Court supervise the progress of all cases from filing to termination in a
process that is fundamentally fair, but not too deliberate or too hasty.
Within the bounds of applicable constitutional provisions, statutes, case law,
and rules governing the courts of Ohio, the Court shall manage the sequence of
events in litigation to insure the timely disposition of all matters by trial,
submission for decision on legal arguments, negotiated settlement, arbitration,
mediation, or other means of appropriate dispute resolution.
It is therefore incumbent upon the judges to articulate orders in each case for
the uniform enforcement of procedural requirements, other rules, and time
deadlines applicable in any particular case or type of case. Counsel in each
case has a corresponding duty to know these rules and meet these deadlines and
to inform the Court of extraordinary circumstances which would cause the
standard deadlines to work a substantive injustice to their clients.
RULE 33 CASE FLOW MANAGEMENT
33.01
These case flow management rules shall apply to all civil cases filed in the
General Division of the Common Pleas Court, unless (l) the case by its very
nature requires a more rapid adjudication such as equity matters, habeas
corpus, etc.; (2) the case, because of court-imposed stays, interlocutory
appeals, removal to federal court, and remand, etc., requires a different
schedule; or (3) the Trial Judge, by written order, places the case on a
different schedule for resolution based on good cause shown. Cases wherever
possible will be resolved on the shortest time track under these rules. The
deadlines set by the Ohio Rules of Superintendence for the Courts of Common
Pleas shall be construed as maximums and shall not preclude the more rapid
resolution of cases under these rules.
33.02
It shall be the goal of the case flow rules and the overall management of
the docket by the Common Pleas Court that 90 percent of all civil cases should
be settled, tried, or otherwise concluded within 12 months of filing; 98
percent within 18 months of filing; and 100 percent within 24 months of filing,
except for individual cases where the Court determines exceptional
circumstances exist.
RULE 35 - CLASSIFICATION OF CASES, DEADLINES, TIMING
35.01
All cases filed after January 1, 1990, shall be classified in the following
categories, and the classification shall be reflected in the case number.
Cases shall be resolved within the absolute time limits as set by the Ohio
Rules of Superintendence for the Courts of Common Pleas. The classifications
are:
Professional Tort (A)
Product Liability (B)
Personal Injury (C)
BWC Appeals (D)
Foreclosures (E)
Administrative Appeals (F)
Complex Litigation (G)
All other cases (H)
The time limits in these case flow management rules shall be calculated from
the date of filing of the initial document invoking the jurisdiction of the
Common Pleas Court.
RULE 37 GENERAL TIME LIMITS
37.01 Case Tracks
All civil cases, except Administrative Appeals (F), mandamus, habeas corpus,
equity matters, or any other case which, by its nature, requires a more rapid
adjudication as determined by the Trial Judge, shall be placed on the 12-month
primary time track or the 24-month time track. Each time track consists of a
planned sequence of events leading from filing to trial, assuming the case is
not terminated earlier.
37.02
Primary Track
The 12-month time track is the primary, standard track for the resolution of
nearly all of the cases in the General Division of the Court of Common Pleas.
It shall be presumed that the typical Personal Injury (C), Workers'
Compensation Appeal (D), Other Civil (H), and Foreclosure (E) cases will be
suitable for pleading, discovery, motions practice, and disposition within this
time frame. A longer time track will be the exception to this standard
operating procedure and used only for out of the ordinary cases within these
classifications.
37.03 Longer Tracks
The 24-month time track is for the Professional Tort (A) and Products Liability
(B) cases. No case shall be designated as Complex Litigation (G) until C.P.
Sup. R. 8.01(B) has been complied with. Cases filed which may later be
designated as Complex shall be assigned to a track and given an Case Schedule
based on their subject-matter classification. Such cases shall have an initial
status conference as specified in the Case Schedule, or upon request of
counsel. The Trial Judge shall order a specific Amended Case Schedule
appropriate to that particular case, and may use the 12-month and 24-month
tracks as models for a proportionately longer track.
37.04 Non-Track Cases
In civil cases filed prior to July 1, 1991, which are not covered by the Case
Schedule and are not currently assigned a time track, the Assignment
Commissioner shall assign the case for trial with the concurrence of the Trial
Judge. All cases shall be assigned a trial date consistent with the standards
set forth in the Rules of Superintendence of the Courts of Common Pleas.
RULE 39 CASE SCHEDULE
39.01 Case Schedule
When an initial pleading is filed and a new case file is opened, the Clerk of
Court shall prepare and file a paper entitled "Case Schedule" and
shall provide one copy to the plaintiff or the plaintiff's agent. The Clerk
shall serve a copy of the Case Schedule on the defendant(s) along with copies
of the pleading and summons.
39.02
Service on Additional Parties Upon Joinder
A party who joins an additional party(s) shall be responsible for serving the
additional party(s) with the current Case Schedule.
39.03
Form of the Case Schedule
The Case Schedule will be in the following form:
- - - - -
CASE SCHEDULE
Latest Date
of
Occurrence of
the event
Case filed
Initial Status Conference
Initial Joint Disclosure of All Witnesses
Supplemental Joint Disclosure of All Witnesses
Trial Confirmation Date
Dispositive Motions
Discovery Cut-off
Decisions on Motions
Final Pre-trial Conference or Pre-trial Order (or both)
Trial Assignment
NOTICE TO ALL PARTIES
All attorneys and parties should make themselves familiar with the Court's
local rules, including those pertaining to this Case Schedule. In order to
comply with the Case Schedule, it will be necessary for attorneys and parties
to pursue their cases vigorously from the day the cases are filed. Discovery
must be undertaken promptly in order to comply with the dates listed in the
right-hand column.
By Order of the Court of Common
Pleas, Franklin County, Ohio
___________________________________________
Date
Virginia Barney, Clerk
39.04 Amended Case Schedule.
The Trial Judge, either on motion of a party or sua sponte
, may modify any date in the Case Schedule for good cause and on terms as are
just, except that the trial date may be changed only as provided in Loc. R. 37.
A modification may consist of making the time for any event or the entire
track longer or shorter. If the Case Schedule is modified on motion of a
party, that party shall prepare and present to the Trial Judge for signature an
"Amended Case Schedule", which shall be promptly filed and served on
all other parties. If the Case Schedule is modified on the Trial Judge's own
motion, the Court shall prepare, file, and promptly serve the "Amended
Case Schedule" to all parties.
39.05. Time Limits.
A. All civil cases, except Professional Tort and Product Liability, shall be
placed on the primary track of 12 months with event and time intervals included
in the original "Case Schedule" as follows (measured in weeks from
the date of filing):
12-Month Track
Latest date
of
Occurrence
(in weeks)
Case filed
0
Initial Status Conference
10
Initial Joint Disclosure of All Witnesses 20
Supplemental Joint Disclosure of All Witnesses 28
Trial Confirmation Date
30
Dispositive Motions
40
Discovery Cut-off
42
Decisions on Motions
48
Final Pre-trial Conference or Pre-trial Order (or both) 50
Trial Assignment
52
B. All Professional Tort (A) and Product Liability (B) civil cases shall be
placed on the 24-month track with event and time intervals included in the
original "Case Schedule" as follows (measured in weeks from date of
filing):
24-Month Track
Latest date
of
Occurrence
(in weeks)
Case filed 0
Initial Status Conference 12
Initial Joint Disclosure of All Witnesses 44
Supplemental Joint Disclosure of All Witnesses 56
Trial Confirmation Date
70
Dispositive Motions
88
Discovery Cut-off
90
Decisions on all Motions
96
Final Pre-trial Conference or Pre-trial Order (or both)
100 Trial Assignment
104
C. Sanctions. For purposes of these local rules, the Trial Judge shall have
the power, coextensive with the inherent powers of the Court and the enumerated
powers in the Revised Code and the Civil Rules, to impose sanctions on
attorneys, parties, or both. Sanctions can be monetary, non-monetary, or a
combination of monetary and non-monetary. No sanction shall be imposed without
the offending party and/or attorney being given an opportunity to be heard,
unless the conduct giving rise to the sanction amounts to a direct contempt.
i. "Monetary Sanction" means a monetary cost imposed upon a party
and/or an attorney by the Trial Judge for violation of the local rules and/or a
case schedule and/or the Civil Rules. "Monetary sanction" includes,
but is not limited to, a specific dollar amount payable to another party or
parties or to the Court, actual costs of discovery, extra attorney's fees
incurred, court costs, or other liquidated sum.
ii. "Non-monetary sanction" means a legal ruling contrary to the
interest of a party and/or an attorney imposed by the Trial Judge for
violation of the local rule and/or a case schedule and/or the Civil Rules.
"Non-monetary sanction" includes, but is not limited to, dismissal
with or without prejudice of the case or any claim or counterclaim, or any part
of the case or claim, default judgment, exclusion of evidence, issues, or
testimony, an order that certain issues or facts be taken as established for
the balance of the case, an order striking pleadings or parts of pleadings, and
a stay pending compliance with a court order.
D. Enforcement and Monitoring. The Trial Judge, upon motion of a party or
sua sponte
, may impose sanctions for failure to comply with the local rules and/or a case
schedule and/or the Civil Rules. If the Trial Judge, finds that a party or
attorney has failed to comply with the local rules and/or a case schedule
and/or the Civil Rules without reasonable excuse or legal justification, the
Trial Judge may impose sanctions proportional to the extent or frequency of the
violation(s). The Trial Judge and bailiff will monitor cases on an ongoing
basis to determine compliance with the case schedule and these local rules.
RULE 41 - INITIAL STATUS CONFERENCE AND FINAL PRETRIAL
41.01. Initial Status Conference. An initial status conference shall be
conducted at the date and time appearing in the Case Schedule, unless no date
appears or the Trial Judge orders otherwise.
Status conferences shall be required in the following cases, unless no date
appears in the Case Schedule or otherwise ordered by the Trial Judge:
1. Personal Injury (C);
2. Other Civil (H);
3. Professional Tort (A);
4. Products Liability (B).
Status conference will not be required in the following cases, unless otherwise
ordered by the Trial Judge:
1. Foreclosure (E);
2. Administrative Appeals (F);
3. Workers' Compensation Appeals (D);
4. Cases already resolved by default judgment.
Any party may move, in writing, for a status conference. If the Trial Judge
determines that the case warrants a status conference, the conference shall be
approved and a date and time shall be set. Additional status conferences,
especially in complex litigation, may be scheduled at the Trial Judge's
discretion.
41.02
The status conference may be conducted by a Referee, an attorney/law clerk,
or a bailiff at the Trial Judge's option, and may be by telephone conference
call if previously approved. Parties and party
representatives need not be present for the conference. It shall be the duty
of all counsel to attend the status conference fully prepared and authorized to
enter into a binding status conference order and to begin negotiation toward
settlement of the case. Failure to be prepared may result in dismissal of the
case for want of prosecution, default judgment, or other sanctions as the Trial
Judge deems appropriate. At the status conference, whether held by telephone
conference call or in person, the discussion should include, but not be limited
to:
1. Joinder of parties;
2. Third-party practice;
3. Amendment of the pleadings;
4. Issues concerning jurisdiction and venue;
5. Service of process;
6. Default judgment;
7. Motions under Civil Rules 12, 19 and 56;
8. Issues concerning the statute of limitations;
9. Proper classification and tracking assignment of
the case;
10. The need for alteration of the schedule of events on
the track;
11. Use of arbitration, mediation, or other means of
dispute resolution; and
12. Settlement.
The Trial Judge or other official at the request of any party shall, prepare or
cause to be prepared, a written order reciting the action taken at the status
conference, which shall be filed and served on all counsel. The order, subject
to Civ. R. 16, shall control the subsequent course of action, unless later
modified to prevent manifest injustice. Changes in the Case Schedule shall be
accomplished pursuant to Loc. R. 39.04.
41.03 Final Pretrial Procedure
A final pretrial conference shall be held at the date and time specified in the
Case Schedule, unless no date appears or the Trial Judge orders otherwise.
Any party may move, in writing, for a final pretrial. If the Trial Judge
determines that a case warrants a final pretrial, a date and time shall be set.
The Trial Judge, if available, shall conduct the pretrial. It shall be the
duty of counsel to come to the pretrial fully prepared and authorized to
negotiate toward settlement of the case. If the real party in interest is an
insurance company, common carrier, corporation, or other legal entity, then the
representative appearing must have full authority to negotiate the claim or
claims to the full extent of plaintiff's demand. Failure to be prepared may
result in dismissal of the case for want of prosecution, a default judgment, or
other sanctions as the Trial Judge deems appropriate.
41.04. Pretrial statements
In all cases, whether or not a final pretrial conference is held, all parties
shall prepare and file a joint final pretrial statement. The joint final
pretrial statement shall be filed on or before the date and time of the final
pretrial conference. If no final pretrial conference is scheduled, the joint
statement shall be filed no later than 14 days before trial.
The final statement shall include the following:
1. Identification of the chief trial counsel, who shall be fully authorized to
act and negotiate on behalf of the party;
2. The factual and legal issues which the case presents in detail, and the
party's position on those issues, including any significant evidentiary
questions;
3. A listing of all witnesses expected to testify;
4. A listing of all exhibits expected to be offered into evidence, except
exhibits to be used only for impeachment, illustration, or rebuttal;
5. An itemization of all special damages to be claimed;
6. Exchange of hospital records and expert reports, if not previously
exchanged or ordered by the Trial Judge;
7. A description of the trial procedure to be requested, including:
a. Whether the case is one where the issue of liability should be bifurcated;
b. Whether a jury view will be requested;
c. Whether a jury trial, if previously demanded,
will now be waived;
d. The estimated number of days required for trial;
8. A statement of the status of settlement negotiations.
41.05. Final Pretrial Order
The Trial Judge may, and at the request of any party shall, prepare or cause to
be prepared, a final written pretrial order reciting the action taken at the
final pretrial conference, which shall be filed and served on all counsel. The
final pretrial order may incorporate, modify, or adopt some or all of the
language of the joint final pretrial statement. The order, subject to Civil
Rule 16, shall control the subsequent course of action, unless modified at
trial, to prevent manifest injustice. The pretrial order shall become part of
the record of the case embracing all stipulations, admissions, and other
matters. The Trial Judge shall determine at the time of the final pretrial
conference whether trial briefs and/or proposed jury instructions should be
submitted and fix a date for submission.
41.06. Enforcement
The Trial Judge shall have the power to impose sanctions for violations of
this rule, including the failure of an attorney or party to appear on time
without a valid excuse.
RULE 43 - DISCLOSURE OF POSSIBLE LAY AND EXPERT WITNESSES
43.01. (04-26-00) Initial Joint Disclosure of All Witnesses
Each party shall, not later than the date for disclosure designated in the Case
Schedule, serve on all parties and file with the court a written disclosure of
all persons with relevant factual or expert knowledge whom the party reserves
the option to call as witnesses at trial.
.
43.02. (04-26-00) Supplemental Joint Disclosure of All Witnesses
Each party shall, no later than the date for disclosure designated in the Case
Schedule, serve on all parties and file with the court a written disclosure of
all persons whose factual or expert knowledge did not appear relevant until the
witnesses were initially disclosed, whom the party reserves the option to call
as witnesses at trial.
43.03. Scope of Disclosure
Disclosure of witnesses under this rule shall include the following
information:
(a) All witnesses. Name, addresses, and business phone number (or home phone
number, if no business number is available).
(b) Lay witnesses. A brief description of witness' relevant knowledge.
(c) Experts. A brief description of the expert's qualifications and summary
of the expert's opinions and the basis or theory of that opinion.
43.04. Exclusion of Testimony
Any witnesses not disclosed in compliance with this rule may not be called to
testify at trial, unless the Trial Judge orders otherwise for good cause and
subject to such conditions as justice requires.
43.05. Cases Without a Case Schedule
In any case filed prior to August 1, 1991, which does not have a Case Schedule,
parties shall disclose their witnesses as defined in this rule on dates as
specified by the Trial Judge. In the event the Trial Judge does not specify a
date, the parties shall jointly disclose all their witnesses on or before a
final pre-trial, or 14 days before trial, whichever is later.
RULE 45 - CHANGE OF THE TRIAL ASSIGNMENT DATE
45.01. Modification
In any case, any party may file a "Motion to Modify the Trial Assignment
Date" with the Clerk of Court and shall provide the Trial Judge with a
copy. The motion shall be in writing, signed by both the
attorney and the moving party, setting forth good cause for modifying the Trial
Assignment Date. A modification may make the track shorter or longer based on
the circumstances of a particular case. The motion will not be granted unless
it is supported by a showing of good cause. If the motion is made after the
Trial Confirmation Date, the motion will not be granted except under
extraordinary circumstances where there is no alternative means of preventing a
substantial injustice.
In all cases, a copy of the "Motion To Modify The Trial Assignment
Date" shall be served upon all counsel and any party not represented by
counsel. A certificate of service shall be filed with the motion. The Trial
Judge, sua sponte
, may change the Trial Assignment Date, on reasonable notice to all counsel and
parties.
45.02. Notice of Change of Trial Assignment Date
In all cases, if the Trial Assignment Date is changed by the Trial Judge, the
party requesting the change shall within five days file with the Clerk of
Court an "Entry Modifying Trial Assignment Date" with copies served
upon all counsel, any party not represented by counsel, and the Assignment
Commissioner. If the modification of the Trial Assignment Date is initiated by
the Trial Judge, the Court shall prepare and file the "Entry Modifying
Trial Assignment Date" and mail it within five days to all parties.
45.03. Amended Case Schedule
When a party files an "Entry Modifying Trial Assignment Date", the
moving party shall also prepare and file, if necessary, an "Amended Case
Schedule", signed by the Trial Judge, with copies served on all counsel,
parties not represented by counsel, and the Assignment Commissioner.
If the Trial Assignment Date is changed on the Trial Judge's own initiative,
the Court shall prepare, file, and mail to all parties an "Amended Case
Schedule".
Rule 47 - DISCOVERY
47.01. Informal Discovery
Counsel will participate in discovery conferences with opposing counsel and
shall freely exchange discoverable information and documents upon informal
request. Counsel shall make every effort to resolve discovery disputes by
agreement prior to filing motions with the Court.
47.02. Discovery Cutoff
The discovery cutoff date specified in the Case Schedule shall be the last
date for any party to seek the involvement of the Trial Judge in the discovery
process by way of motion seeking a ruling, an order, sanctions, or other Court
action, absent extraordinary circumstances. Voluntary, mutually agreed-upon
discovery, including perpetuation of trial testimony by video tape or
otherwise, may continue after the discovery cutoff in a manner that does not
delay any other event on the case schedule.
RULE 49 - RESERVED
RULE 51- PRODUCTION OF HOSPITAL RECORDS
51.01
Upon motion of any party showing good cause and upon notice to all other
parties, the Trial Judge may order any hospital in the county, by any agent
competent to act in its behalf, to reproduce by photostating or other
recognized method of facsimile reproduction, all or any portion of designated
hospital records or x-rays, not privileged, which constitute or contain
evidence pertinent to an action pending in this Court Such order shall direct
the hospital to describe by covering letter the portion or portions of the
records reproduced and any omissions therefrom and to specify the usual and
reasonable charges for copying. The order shall designate the person or
persons to whom the reproductions shall be delivered or made available.
51.02
Objections to the admissibility of reproduced hospital records on the grounds
of materiality or competency shall be deemed reserved for ruling at the time
of trial without specific reservation in the order to reproduce. Reproductions
made pursuant to this procedure may be admitted in evidence without further
identification or authentication but subject to rulings on objections impliedly
or specifically reserved unless the order expressly provides otherwise.
51.03
Expenses and other incidental charges for reproductions of its records shall
be paid directly to the hospital concerned by the movant or movants.
51.04
Where original records are produced in Court and reproductions subsequently
substituted by agreement of the parties or by order of the Court, the movant or
movants shall be
responsible for the cost. Unless otherwise ordered by the Trial Judge, all
original records shall be returned by the court reporter to the hospital upon
entry of judgment in this Court.
RULE 53 - DISPOSITIVE MOTIONS
53.01
. All motions, including but not limited to summary judgment, judgment on the
pleadings, and to dismiss, which seek to determine the merits of any claim or
defense as to any or all parties shall be considered a dispositive motion. A
voluntary dismissal under Civ. R. 41 is not a dispositive motion. All
dispositive motions shall be filed no later than the date specified in the Case
Schedule. Pursuant to Civ. R. 56(A), leave is hereby granted in all civil
cases to file summary judgment motions between the time of filing and the
dispositive motion date, unless the Trial Judge decides otherwise by setting a
different date. Counsel shall file their summary judgment motions at the
earliest practical date in the course of litigation.
RULE 55 - DEFAULT JUDGMENTS
55.01.
When a party against whom a judgment for affirmative relief is sought has
failed to plead or otherwise defend as provided by the Civil Rules, the party
entitled to a judgment by default shall promptly apply in writing or orally to
the Trial Judge within 30 days after the date upon which the defaulting party
should have pled or otherwise defended. No judgment by default shall be
entered against a minor or an incompetent person unless represented in the
action by a guardian or other representative who has appeared. If the party
against whom judgment by default is sought has appeared in the action, written
notice of the hearing on the motion along with the date and time fixed by the
Assignment Commissioner with the concurrence of the Trial Judge shall be served
upon that party. In order for the Trial Judge to award damages and enter
judgment, to establish the truth of any averment by evidence, or to make an
investigation of any other matter, the Trial Judge may conduct hearings or
order references as necessary and proper and shall, when applicable, accord a
right of trial by jury to the parties.
RULE 57- SUMMARY JUDGMENT MOTIONS
57.01
All Motions for summary judgment filed pursuant to Civil Rule 56 are hereby set
for a non-oral hearing date on the 28th day following the filing of the motion
for summary judgment. Motions shall be deemed submitted to the judge for
non-oral hearing on that date. Any party seeking to change the hearing date
must do so by entry signed by the Trial Judge and served on all counsel. This
rule does not alter the response dates for memorandum contra and replies under
Local Rule 21.01, nor the deadline for filing opposing affidavits under Ohio
Civil Rule 56 (day before the hearing). REVISED 11/16/92.
57.02 (1-30-01) All affidavits, depositions, and other evidentiary material
permitted by Civ. R. 56 (C) in support of or in opposition to the motion for
summary judgment shall be filed with the motion or responsive pleading. This
section does not extend the time limits for filing answer briefs and reply
briefs as provided in Loc. R. 21.01.
57.03
No motion for summary judgment shall be assigned for oral argument without
the consent of the Trial Judge . Assignment of a summary judgment motion for
oral argument shall not alter the non-oral hearing date time periods for
serving and filing briefs and permitted evidentiary materials unless
specifically ordered by the Trial Judge.
57.04
No motion for summary judgment shall be filed in any case after the
dispositive motion date appearing in the Case Schedule, without prior leave of
the Trial Judge, in which case the motion shall be assigned, heard and
submitted as set forth in Loc. R. 21.0l, unless specifically ordered otherwise
by the Trial Judge.
RULE 59 - ADMINISTRATIVE APPEALS
59.01 All Administrative Appeals (F) shall be placed on the appeals track,
which shall consist of the following sequence of events within these time
limits:
LATEST TIME OF
OCCURRENCE
EVENT
(in weeks)
Filing Notice of Appeal (and
demand for Record, if required)
0
Filing of Record
4
Dispositive Motions
6
Filing of Record, if extension
granted 8
Filing of Appellant's Brief
10
Filing of Appellee's Brief
12
Filing of Appellant's Reply Brief and
non-oral hearing date
13
Oral Argument, if allowed
14
The Trial Judge may extend this schedule upon written motion of a party or
sua sponte
for good cause shown, such as the complexity of case or the length of the
Record. The appeal shall be deemed submitted at a non-oral hearing on the date
set for the filing of the Reply Brief. The Trial Judge may set a shorter
schedule for expedited appeals.
CRIMINAL RULES OF PRACTICE AND PROCEDURE
RULE 61 - GENERAL APPLICATION
61.01
These rules supplement existing Rules of Court and are an adjunct to the
Rules of Criminal Procedure. In any case where the Criminal Rules of Procedure
or local rules do not resolve the issue before the Court, the Rules of Civil
Procedure are to be consulted.
61.02
Speedy Trial. Upon the determination that a case must proceed to trial
without delay due to compliance with speedy trial statutes and rules, the
assigned Trial Judge, if not already in trial, shall preside. In the Trial
Judge's absence, the Duty Judge shall preside. If the Duty Judge is engaged in
trial or otherwise unavailable, the Administrative Judge will assign an
available judge from the Court at large to preside. Nothing in this rule shall
preclude a judge from picking up a case for trial from any other judge.
61.03
Withdrawal of Counsel. A withdrawal of representation by counsel after a
case is set for trial is to be discouraged. In order to withdraw as counsel
for record, counsel must present a motion setting forth the reasons for
requesting withdrawal. The motion and entry shall be presented to the Trial
Judge. The request must be made no later than 15 days before trial. In the
event of withdrawal in a case involving an indigent defendant, withdrawing
counsel must call to the Trial Judge's attention the need for immediate
appointment of substituted counsel.
RULE 63- GRAND JURY PROCEEDINGS
63.01
The Administrative Judge shall handle all grand jury matters including
appointment of grand jury foreman.
63.02
The Official Shorthand Reporter or any other transcriber shall not prepare
transcripts of testimony of grand jury proceedings except upon order of the
Trial Judge or the Administrative Judge.
63.03
Indictment - Dismissal. Criminal cases bound over to this Court on which no
final action is taken by the Grand Jury within 60 days may be dismissed
forthwith and without prejudice. If the witness' testimony or other critical
evidence is not available, the case may be continued by the Court for a
definite period of time and such continuance noted in the report of the Grand
Jury. Continuances must be presented to and approved by the Administrative
Judge.
RULE 65 - BAIL OR SURETY
65.01
No attorney or officer of the Court will be received as bail or surety.
RULE 67 - BAIL FORFEITURE (Amended 8-6-01)
67.01
Bail shall be adjudged forfeited upon the nonappearance by a defendant at any
scheduled hearing before any judge or at any other time when ordered by said
judge. Except as provided herein, appearance, surety, property, and cash
bonds, shall be subject to the same procedures.
B. Forfeiture of Bail; Hearing; Remittance Procedures.
C. Custody in another jurisdiction.
D. Failure of Surety to Pay Obligation to Court.
E. General Provisions
For purposes of this rule a secured recognizance or face
amount recognizance bond shall refer to a recognizance bond for which a
specific dollar amount has been designated
Murder
Judge sets bond
F-1 and aggravated F-1
$20,000 recognizance
F-2 and aggravated F-2 $10,000 recognizance
F-3 and aggravated F-3
$ 5,000 recognizance F-4
$ 2,000 recognizance
F-5
$ 1,000 recognizance
Notice to the defendant. When a defendant is granted a secured recognizance
bond, the clerks office shall provide to the defendant at the time of
signature a copy of the following notice printed in bold faced type:
Notice
Today you have been granted a recognizance bond in a specific dollar amount. If
you fail to appear for any court proceeding, a notice for a show cause hearing
will be sent to you. If you fail to appear for the show cause hearing to
explain why you failed to appear for the court proceeding, the dollar amount of
your recognizance bond will become a civil judgment against you. This civil
judgment could adversely affect your credit. This civil judgment is not
dischargeable in bankruptcy.
RULE 69 - INACTIVE CRIMINAL CASES
69.01
Criminal cases in which further proceedings are not presently possible shall
be placed in a suspended file by the Clerk and considered closed for
statistical purposes either upon motion of the prosecuting attorney or the
Trial Court's own motion and shall not be subject to dismissal for want of
prosecution. A case shall be removed from that list when the defendant is
available and proceedings resume or when the case is dismissed. Cases to which
this rule is applicable shall include those in which the defendant is not
competent to stand trial, is confined in a penal institution in another state,
has not been served, or cannot be found. No case shall be placed on the
suspended list until any bail has been forfeited and judgment entered.
RULE 71 - CRIMINAL ASSIGNMENTS
71.01
Arraignments. Arraignments shall be held three times each week, at 1:30
p.m., on Monday, Wednesday, and Friday, in a courtroom designated by the
Administrative Judge. If a holiday falls on Monday, arraignments will be on
Tuesday. If a holiday falls on either Friday or Wednesday, arraignments will
be on Thursday. The Duty Judge shall preside or, upon his or her direction, a
Magistrate shall preside. In accordance with Crim. R. 19, the Magistrate may
arraign defendants, set bail, appoint counsel, and consider all matters
otherwise coming before the Arraignment Court.
71.02 (6-29-01)
Extra-jurisdictional arraignments. When a defendant is being held in Franklin
County pursuant to a warrant issued by another jurisdiction, the duty judge or
a magistrate shall set bail thereon. If no bond is requested by the issuing
jurisdiction, the extra-jurisdictional defendant may be released on a
recognizance bond unless the following information has been made available to
the duty judge or magistrate from the jurisdiction issuing the warrant.
71.03 (6-29-01)
If the information referred to in 71.02 has not been made available by the
jurisdiction issuing the warrant, it shall be the responsibility of the
prosecutor to contact the issuing jurisdiction, prior to the arraignment of the
extra-jurisdictional defendant, to secure that information. A reasonable
continuance may be granted to the prosecutor for such purpose.
71.04 (6-29-01)
The Assignment Commissioner shall schedule all criminal cases not more than 120
days from the date of arraignment.
RULE 73 - NOLLE PROSEQUI PROCEDURE
73.01
When the Prosecuting Attorney desires to enter a nolle prosequi
in any criminal case pursuant to R.C. Section 2941.22, a written application
shall be filed, setting forth sufficient grounds for the requested relief.
RULE 75 - MOTIONS
75.01 Motions
. The filing and consideration of motions in a criminal case is governed in
general by Crim. R. 12. A party may request a hearing in advance of trial to
consider a motion. If this is not done, the motion will be considered on the
day of trial. The absence of a witness regarding consideration of a motion
will not be cause for continuance of the trial.
75.02
All motions and other written requests filed in criminal cases shall be
submitted to the Trial Judge. All motions, briefs and memoranda, pro
and contra, shall be filed in duplicate.
75.03 Discovery.
Pursuant to Crim. R. 16, discovery is to be conducted in a manner that will
eliminate delay and unnecessary expense. Upon demand for discovery, it shall be
the duty of a party to promptly respond to the request. In any event,
discovery should be provided in 21 days from the date of receipt of the demand,
except in capital cases. The failure of a party to timely and fully respond
may lead to the exclusion of evidence upon trial.
RULE 77 - INDIGENT DEFENDANTS
77.01 (4.9.02)
All arraignments for alleged indigent defendants shall be handled by the Public
Defender. Appointment of either the Public Defender or private counsel shall
be made by the Arraignment Judge or Magistrate.
Appointments of private counsel will be made from a list of qualified attorneys
who desire and are willing to undertake such defense. Any attorney desiring
appointments shall submit 17 copies of his or her resume to the Court, such
resume not to exceed one page. The copies shall be distributed as follows:
one to each Trial Judge and one to the Administrative Director. Refusal to
accept any appointment, except for good cause, may subject an attorney to
immediate removal from the appointment list.
At arraignment, the Public Defender shall prepare all requests for appointment
of counsel, leaving the name of counsel, including the Public Defender, blank.
The arraignment Clerk shall note on the master arraignment list those who need
appointment of counsel. No later than the second working day after the
arraignment the Arraignment Judge or Magistrate, after consultation with the
Public Defender, shall appoint either the Public Defender or private counsel
for all the indigent defendants, except defendants indicted for aggravated
murder with specifications where the Trial Judge shall make the appointments.
Notice of the appointment shall be made, either by telephone, personally or by
mailing of a copy of the appointment to the Public Defender or private counsel.
A copy of the appointments shall be filed with the Clerk of the criminal
division and with the Assignment Commissioner. The Arraignment Judge or
Magistrate should rotate the appointments between the Public Defender and
private counsel on a ratio of two appointments to the Public Defender and one
appointment to private counsel. Likewise, the Arraignment Judge or Magistrate
should also rotate the appointments made from the list of private counsel.
However, the attorney appointed shall not be related to the Judge or
Magistrate who appoints the attorney within the third degree of consanguinity.
Otherwise, nothing in this Rule shall be construed as limiting the individual
Judge's or Magistrate's discretion as to appointments.
The Judge or Magistrate shall appoint private counsel from a master appointment
list maintained by the Franklin County Court of Common Pleas.
77.02
Before counsel is appointed, each alleged indigent defendant must file an
affidavit of indigence setting forth the facts in support, and the amount of
any payment made, and to whom, for legal representation in the matter to date.
No attorney who received compensation or has been promised compensation from
any source shall be appointed to represent that indigent defendant.
77.03
Any attorney appointed to provide legal representation for indigent
defendants shall be compensated as set forth in this rule. An attorney shall
be reimbursed for expenses incurred not to exceed $100 without prior approval
of the Trial Judge. Expenses which are requested between $100 and $2,500 must
be submitted to the Trial Judge prior to their incurrence for approval.
Expenses which are requested in excess of $2,500 must be submitted to the Trial
Judge prior to their incurrence for approval and then to the Administrative
Judge for approval. All expenses exceeding $1.00 must be documented with
receipts. Attorneys will not be reimbursed for time spent in transit between
the attorney's home and office and/or between the attorneys home or office and
the Court. Expenses for mileage and parking will not be reimbursed.
Services include, but are not limited to, investigators or experts that are
reasonably necessary for the proper representation of an indigent defendant
charged with a felony. The factors to be considered by the Trial Judge and the
Administrative Judge are: (l) the value of the service to the defendant's
proper representation at trial; (2) the availability of alternative devices
that would fulfill the same functions as the service sought. No allowance will
be approved for fixed office overhead, daily copies of transcripts, or
depositions, except as provided by law.
Upon motion and for good cause, the Trial Judge may order that the journal
entry authorizing the service be sealed and maintained by the Clerk, along with
all other original papers in that criminal case.
77.04 (7.1.01)
Unless otherwise provided by law or order of the Court, fees shall be paid as
follows:
Payment for assigned counsel services shall be on the basis of $60 per hour
for time in Court, and $50 per hour for time out of Court,
up to the following maximum amounts for the following offense classifications
and other proceedings.
Capital Murder
$50,000
Aggravated Murder
$ 5,000
Felonies 1-3
$ 3,000
Felonies 4-5
$ 2,500
Revocation
$ 500
Post Convictions, Habeas Corpus, and all
Other proceedings not elsewhere classified $ 500
APPELLATE PROCEEDINGS:
Aggravated Murder
(sentence other than death)
$ 5,000
Murder
(with life sentence/repeat violent
offender/major drug offender/
sexually violent predator) $ 3,000
Felonies/S.B. 2 & H.B. 1 Appeals $ 1,500
Misdemeanors
$ 1,000
77.05
Extraordinary Fees
A.
Attorney's fees in excess of those set forth in 77.04 may be granted by the
Trial Judge in Complex Cases.
"Complex Case" is defined as follows:
1.
A case designated by the Trial Judge as a Complex Case because the case
involves multiple counts dealing with multiple separate incidents and the case
will involve an extraordinary amount of trial preparation time. [Aggravated
Murder with Death Specifications shall not be designated as a "Complex
Case" under 77.05(A)(1);] or,
2.
A case in which the trial continues beyond the following periods:
a.
Aggravated Murder (with Death Specifications),
20 days;
b.
Aggravated Murder (without Death Specifications), 13 days;
c. Murder, 8 days;
d.
Any other felony, 5 days.
B.
If a case is designated as a "Complex Case" as provided in
77.05(A)(1), the Trial Judge may authorize fees in an amount not to exceed two
times the fee set forth in 77.04. If a case is designated as a "Complex
Case" as provided in 77.05(A)(2), the Trial Judge shall authorize the fee
set forth in 77.04 plus additional fees in an amount equal to the number of
hours of trial time in excess of that provided in 77.05(A)(2) multiplied by
$45.
The attorney's certificate when submitted shall include a signed entry from the
Trial Judge authorizing the extraordinary fees. No attorney's fees in excess
of those provided in 77.04 and 77.05 shall be approved by the Court.
77.06
An affidavit setting out the number of hours expended with an itemized log of
work performed, shall be made by each appointed attorney on forms to be
supplied by the Court. The affidavit shall include a statement that no
compensation has been received, or none promised from any source, and an
itemization of actual expenses incurred.
77.07
If a request for assigned counsel fees in any indigent case is not received
by the Administrative Director within thirty (30) calendar days after the case
is finally disposed before this Court, fees will be reduced by one-half, plus
expenses.
RULE 78 - RULE 77 COMMITTEE (04.09.02)
78.01
The Administrative Judge shall appoint an Appointment of Counsel Review Board
whose function it is to determine the qualification of attorneys for criminal
appointments and to recommend future changes in Rules 77 & 78.
Rule 78 - APPOINTED COUNSEL REVIEW BOARD
78.01
There is hereby created an Appointed Counsel Review Board. The members of the
Appointed Counsel Review Board shall include the presiding Judge, the
Administrative Judge, and the Chairman of the Rules Committee. If the
presiding Judge is not a member of the General Division of the Common Pleas
Court, the Senior Judge from the General Division shall serve in lieu of the
presiding Judge. The duties and responsibilities of the Appointed Counsel
Review Board shall be:
A. To set and to publish standards for the appointment of private counsel to
represent indigent defendants in criminal cases;
B. To create a master appointment list from which private counsel shall be
selected to represent indigent defendants in criminal cases;
C. To approve an application form and process to be used by private counsel
seeking to be listed on the master appointment list;
D. To approve applications from private counsel for listing on the master
Appointment List;
in order to remain on the master Appointment List;
78.02
The adoption of or amendment to the standards for the appointment of private
counsel to represent indigent defendants in criminal cases shall be approved by
a majority of the judges.
78.03
Any action taken by the Appointed Counsel Review Board to include an attorney
from the master appointment list shall be approved by a majority of the judges.
78.04 APPLICATION AND APPLICATION PROCESS
78.05 STANDARDS
A. Experience
B. Continuing Education
RULE 79 - CONTINUANCES
79.01
Any motion for continuance of a trial must be in writing unless such is
waived by the Trial Judge. Any entry continuing a case shall be signed by the
Prosecutor and counsel for defendant, and specific reasons for the continuance
shall be set forth in this entry. Upon a continuance being granted, the party
requesting the continuance shall cause the entry to be prepared and timely
filed. Any order granting a continuance shall contain the date to which trial
is continued. If the defendant is incarcerated at the time a continuance is
granted, the defendant's signature is to be obtained if there is a waiver of
speedy trial rights.
RULE 81 THE RECORD (8-24-99)
81.01
Pursuant to the requirements of Section 2301.20 of the Ohio Revised Code and
Ohio Criminal Rule 22, the trial judge shall grant any request made by a party,
in either a criminal or a civil case, to memorialize for the record any action
taken in such proceeding not otherwise included on the record in the case.
81.02
If the Court reporter is instructed by the trial judge, over the objection of
a party or counsel, not to record any action taken or request made, the court
reporter shall bring such instruction to the attention of the administrative
judge at a convenient time. In no event shall such court reporter be subject to
disciplinary or retaliatory action for compliance with this rule.
81.03
A court reporter shall fairly and accurately record all actions taken
pursuant to a civil or criminal case pending before the trial judge to whom
that court reporter is assigned. The court reporter shall record any action
taken, in a civil or a criminal case, when asked to do so by any party thereto.
81.04
Any conflict which may arise, relative to the record in any such criminal or
civil case, among the judge, the parties, and the court reporter shall be
resolved by the Administrative Judge.
81.05
In no event shall a Court Reporter be subject to disciplinary or retaliatory
action for compliance with this rule.
81.06
Any court reporter failing to fairly and accurately record any actions taken in
either a civil or criminal case, when called upon to do so by either the trail
judge or any party, shall be subject to disciplinary action by the Franklin
County Common Pleas Court.
81.07
Daily copies of transcripts to counsel in criminal cases will not be ordered,
provided for, or permitted except in such cases where the sound discretion of
the Trail Judge would require it in the interest of justice.
RULE 82
(8-24-99)THE RETENTION AND DISPOSAL OF COURT REPORTER NOTES, DEPOSITIONS,
TRANSCRIPTS AND EXHIBITS IN CIVIL CASES
82.01
Retention of Court Reporter Notes
82.02
Disposal of Exhibits and Depositions
At the conclusion of a civil trial or other proceeding, including times for
direct appeal, the Court Reporter may destroy exhibits and depositions if all
of the following are met:
In accordance with ORC Section 149.38, this policy for the retention and
disposal of court reporter notes, exhibits, depositions and transcripts, is
subject to the approval of the Franklin County Records Commission.
Additionally, these documents have been determined to be public records
pursuant to ORC 149.43 and therefore, must have the approval of the County
Records Commission, the Auditor of State and the Ohio Historical Society prior
to their disposal.
RULE 83
- DISCLOSURE OF PRESENTENCE REPORTS (Amended 2/25/97)
83.01
At the time a Judge orders a presentence investigation, a date for sentencing
shall be established and noted on the Criminal Case Processing Sheet. Defense
counsel will personally convey a copy of the processing sheet and the defendant
to the Adult Probation Department Intake Office on the date the investigation
is ordered. If the defendant is held in jail, defense counsel will personally
convey a copy of the processing sheet to the Adult Probation Department Intake
Office on the date the investigation is ordered. The date of the sentencing
shall not be less than six weeks nor more than eight weeks after the
presentence investigation is ordered. The Probation Department shall have the
report completed no later than ten days prior to sentencing. When the report
is completed, it shall be sent to the assigned judge and made available, at the
probation department, for review by the defendant's attorney (or by the
defendant if he is not represented by an attorney) and the prosecutor. No
report shall be taken from the probation department without the written
approval of the judge assigned to the case.
83.02
If the report contains information that is not available for review pursuant
to R.C. Section 2951.03(B), such information shall be sent to the undersigned
judge along with the report. The report made available for review by the
attorneys or the defendant shall reflect the fact that information, if any, has
been deleted pursuant to R.C. Section 2951.03(B) and the general categories of
the deleted information shall also be noted.
Any hearing and/or court findings necessitated as a result of the deleted
information shall be held on the date of sentencing or at any other date
designated by the assigned judge.
83.03
The probation officer assigned to the court or the case on the day of
sentencing shall be responsible for obtaining all copies of the report
immediately after the imposition of the sentence.
RULE 85 - CERTIFICATION OF ASSETS
85.01
Any defendant found guilty of a criminal offense in this Court shall, on a
form provided by this Court, disclose assets of every kind for the purpose of
assisting the Trial Judge, the adult probation department, and the sheriff, in
the collection of the fine and cost in that case.
The form shall be completed subsequent to sentencing, and shall be filed with
the Prosecuting Attorney's office and maintained by that office until the fine
and costs are paid. These records shall be available to the sheriff for his
duties in executing any judgment for fine and/or costs. Upon payment in full
of the fine and costs, the prosecuting attorney's office shall destroy the
certification of assets.
RULE 87 - WORK RELEASE PROGRAM
Statement of Purpose
The work release program is established to afford the Courts a community based
and community oriented rehabilitative alternative to incarceration for those
convicted criminal offenders who pose no substantial threat to the community
but who need minimum custody in order for treatment efforts to be effected.
This program is available to all Courts within Franklin County upon proper
funding and agreement. It shall be formed and known as the Franklin County Work
Release program.
The work release program is a residential community center for rehabilitation
for those offenders who have been granted the privilege of work release. The
program center operates in a similar fashion as a traditional jail, but rather
than housing offenders in the jail itself, the offenders are housed in a
community setting.
87.01
The Courts within Franklin County, Ohio, with the consent of the offender,
may sentence individuals to the work release program as a condition of shock
probation, a condition of intensive probation, or as standard probation.
87.02
The work release program is administered and operated by the Franklin County
Common Pleas Court, General Division. All staff of the program are appointed
employees of the Franklin County Common Pleas Court. The staff shall be
comprised of a director, and any staff deemed necessary for operation of the
program.
87.03
The director of the work release program shall direct the day to day
operations of the program. The director is to prepare and utilize regulations
deemed necessary for the operation of the program that are not inconsistent
with this rule. All regulations must be approved by the judges of this Court.
The work release program director shall prepare and submit regulations for
approval by the Court whenever new or modified regulations are required.
87.04
The program director may order, with the consent of the Trial Judge or
Administrative Judge, removal of any resident from the program for infractions
of the work release rules and regulations.
87.05
Before admittance to the work release program, the offender shall agree to
and sign a Participation Agreement. The Agreement shall detail the rules,
regulations and procedures which the offender must abide by while in the
program. Any resident who is removed from the program shall be returned to
jail, or authorized correction agency, to serve the balance of their sentence.
87.06
Any resident participating in the work release program is required to pay a
per diem as determined by the Court, under R.C. Section 5l47.29, for
reimbursement to the county for the cost of boarding and the direct cost of
administering such program.
87.07
All funds received by the program from the offender are to be handled in
accordance with R.C. Section 5147.29 and generally accepted accounting
principles.
87.08
In the event a resident of the Work Release/Home Incarceration Program or the
Community Based Correctional Facility (CBCF) is diagnosed by medical personnel
with a contagious/infectious disease or condition (i.e. chicken pox, T.B.,
hepatitis, ring worm, measles, AIDS, etc.), the Director of the Work
Release/Home Incarceration Program or the CBCF shall be given authority by the
Court to place the resident on Home Incarceration to prevent contact with those
who have not been exposed.
If Home Incarceration is not an option due to lack of residence, lack of phone
or unwillingness of family/friend to accept the resident in their home, the
resident shall be placed in the Franklin County Corrections Center until they
are no longer contagious/ infectious. This authority to place residents with
infectious diseases on Home Incarceration shall be given by the Court only when
the sentencing judge cannot be reached for immediate authorization. The
Directors of Work Release/Home Incarceration and the Community Based
Correctional Facility shall contact the sentencing judge as soon as possible to
notify him/her that the resident was placed on Home Incarceration.
RULE 88 - HOME INCARCERATION PROGRAM - [04-20-94]
Statement of Purpose
The Home Incarceration Program was established pursuant to O.R.C. Section
2929.23 to give the court an alternative to incarceration. The
primary purpose of home incarceration is the protection of the public with the
lowest possible expenditure of tax money. Other benefits include relieving
crowded conditions at the Franklin County Jail, getting offenders out of jail
into a less restrictive environment and facilitating rehabilitation of
offenders by encouraging them to behave in a responsible manner in a
non-institutional setting.
88.01
The Courts within Franklin County, Ohio, may utilize the House Arrest
Program as an alternative to incarceration for convicted criminal offenders who
pose no substantial threat to the community but who need minimum custody in
order for treatment efforts to be effected. For example, house arrest may be
utilized for revocation, pending pre-trial investigation, as a condition of
bond and as a condition of probation.
88.02
The House Arrest Program is administered and operated by the Franklin County
Common Pleas Court, General Division. All staff of the program are appointed
employees of the Franklin County Common Pleas Court. The staff shall be
comprised of a director, and any staff deemed necessary for operation of the
program.
88.03
The House Arrest Program utilizes an "active" system whereby an
offender wears a transmitter which sends a signal to a central computer that
has been specifically coded to reflect that offender's sentence. The
offender's movement is limited by how far the transmitter can operate, usually
100 to 150 feet. Should the offender exceed that distance, or leave home
without authorization, a signal is sent to the computer and a violation is
recorded. An unauthorized absence may result in a return to traditional jail
incarceration. Case managers make random home visits to monitor the progress
of the offender, and may also make random drug and alcohol tests to control
substance abuse.
88.04
A per diem fee, as provided for by O.R.C. 2929.23(E)(1), is paid by each
eligible offender sentenced to electronically monitored house arrest. The fee
includes the actual costs of providing house arrest and an additional amount
necessary to enable the court to provide electronically monitored house arrest
to indigent eligible offenders. The fee adopted shall be in addition to any
fine, specifically authorized by any other section of the Revised Code for an
eligible offender upon whom electronically monitored house arrest is imposed as
a sentencing alternative.
RULE 89 - POST CONVICTION PETITIONS
89.01
Post conviction petitions for a determination of a prisoner's Constitutional
rights shall be filed and docketed by the Clerk in the original case in which
the defendant was sentenced. Upon the filing of a petition the Clerk shall
issue written notice to the Prosecuting Attorney.
89.02
When a waiver or the return of the notice is filed, the Clerk shall deliver
all the papers in the case to the Trial Judge who originally handled the case.
If the Trial Judge who originally handled
the case is no longer a member of the Court, the case shall be assigned to a
judge by the Administrative Judge.
89.03
The Clerk shall deliver the post conviction petition to the Trial Judge one
day after it has been filed.
89.04
(A) Post Conviction proceedings is a civil action and the petitioner shall
comply with R.C. 2969.25(A) in the filing of all post conviction petitions.
89.04
(B) No costs shall be charged for the first post conviction petition.
Subsequent petitions shall be accompanied by a filing fee as set forth in R.C.
2303.20(T). If a petitioner alleges that he/she is unable to pay the filing
fee, the procedures set forth in R.C. 2969.25(C) shall apply.
MISCELLANEOUS RULES OF PRACTICE AND PROCEDURE
RULE 90 - SECURITY - [5/23/95]
90.01
Appropriate levels of security must exist in the Court to protect the
integrity of Court procedures, protect the rights of persons before it, deter
those who would take violent action against such persons or the Court, sustain
the proper decorum and dignity of the Court and assure that Court facilities
are secure for all those who visit and work there.
90.02
In order to achieve those appropriate levels of security the Court shall:
a.
Because of the common entry ways to other governmental agencies in the Hall of
Justice, County Court House and Municipal Court, coordinate all its efforts
with the Franklin County Commissioners and other activities in particular with
the Municipal Court;
b.
In coordination with the Municipal Court, establish a Local Security Advisory
Committee consisting of the following groups: Judges, the Franklin County
Commissioners, the Franklin County Sheriff's Office, the Columbus Police
Department, the Columbus Bar Association, the Franklin County Prosecuting
Attorney's Office and the Franklin County Clerk of Court. The representatives
from the foregoing groups shall, to the degree possible, be the same as those
who serve on the Local Security Advisory Committee for the Municipal Court;
c.
Implement a Local Security Policy and Procedure Plan which addresses the Ohio
Court Security Standards adopted by the Supreme Court of Ohio on October 17,
1994. Prepare a Local Security Operations Manual, which establishes written
directions for the purpose of ensuring security within the Court while
maintaining accessibility to it.
RULE 91 - ADMISSION OF OUT-OF-STATE ATTORNEYS
91.01
An attorney not licensed to practice law in the state of Ohio, but who is
duly licensed to practice law in any other state or the District of Columbia,
may, in the discretion of the Trial Judge, be permitted to represent a party or
parties in any litigation pending or to be filed in this county after
completion of all of the following conditions:
A. File a written oath substantially in compliance with Rule I, Section 8A of
the Rules for the Government of the Bar;
B. Certify in writing that he or she has familiarized himself or herself
with local Court rules and will familiarize himself or herself with the
appropriate Criminal or Civil Rules, the Rules of Evidence and the Code of
Professional Responsibility;
C. Be sponsored in writing by an attorney licensed to practice law in the
state of Ohio. The motion made by the licensed attorney shall certify such
out-of-state counsel's compliance with this rule and the Rules for the
Government of the Bar;
D. The sponsoring attorney shall submit with the motion and certification an
entry authorizing the approval of the motion;
E. The sponsoring attorney, or any other attorney licensed to practice law in
the state of Ohio, shall be co-counsel with the attorney admitted
pro hac vice.
91.02
The continuance of any scheduled trial or hearing date shall not be permitted
solely because of the unavailability or inconvenience of the out-of-state
counsel.
RULE 93 - RECEIVERSHIPS
93.01
In all cases where Receivers are appointed by this Court, the following shall
apply:
A. Unless the Trial Judge by entry specifically authorizes the Receiver to
continue a business, he or she shall expeditiously take control of the assets
of the defendant debtor, give notice to all known creditors of his or her
appointment and afford them opportunity to present and prove their claims,
cause the assets to be inventoried and appraised, determine the validity and
priority of creditors' claims, take such steps as may be necessary to reduce
the assets to cash, and make distribution of cash between the various classes
of creditors. Any receiver appointed must be a resident of the state of Ohio;
B. Within two months after his or her appointment the Receiver shall report to
the Trial Judge, submitting his or her inventory and appraisement, including
his or her account of receipts and expenditures to date. The documents shall be
handed to the Administrative Director for his or her approval prior to filing
with the Clerk. The matters referred to here shall be considered by the Trial
Judge and approved by entry after approval by the Receiver and his or her
counsel.
C. Semi-annually after filing the first report with inventory, appraisement
and account, the Receiver shall file with the Administrative Director for his
or her approval prior to filing with the Clerk, consecutively numbered reports
with accounts, for approval by entry by the Court, as to all receipts and
expenditures made by the Receiver during the reporting period and a summary of
plans for the future conduct of the receivership;
D. In cases involving Receivers appointed to take charge of property and to
collect rents and other income, the Receiver may expend funds, without first
having obtained the Trial Judge's approval, to pay for insurance premiums,
water and utility bills, and make emergency repairs as necessary for the proper
maintenance of the property. For authority other than that conferred upon the
Receiver by this rule, the Receiver shall make application to the Trial Judge.
93.02
In all receiverships in which property appraised in excess of $1,000.00 is to
be put up for public or private sale, the Receiver shall file in advance of
sale a report with the Trial Judge showing the amount of expenditures incurred
or to be incurred prior to the time the sale is to be conducted.
93.03 (8-24-99)
An application for payment of Receivers and Counsel for Receivers
fees (partial or final) shall be appended to a summary of billings in the
format attached to this rule. It shall be filed with the Clerk and a copy
handed to the Administrative Director who shall review the application for
administrative propriety and submit it to the Trial Judge for approval. Written
notice of the hearing on application for fees totaling in excess of $1,500.00
shall be submitted personally or by mail to all creditors, or to their attorney
of record, unless otherwise provided by order of the Trial Judge. Such
applications shall show time spent on enumerated items, amounts of money
collected, disbursed and on hand, the status of secured and unsecured
creditors claims, including amounts claimed, payments made and balances
due, and the estimate of the amount of time necessary to complete work in the
receivership and make final distribution. Charges for the Receivers
services shall be at the sound discretion of the Trial Judge with due
consideration for the complexity of the Receivers responsibilities and in
any case shall not exceed $75.00 per hour. Charges for the Receivers
counsel, if employed, shall be $150.00 per hour. Attorney-Receivers must
itemize all charges to separate actions taken as a Receiver from actions taken
as attorney for Receiver, and bill accordingly at the appropriate rate.
Receivers and counsel for Receivers fees totaling not more than
$15,000.00 may be allowed by the Trial Judge. Fees totaling in excess of
$15,000.00 shall be ruled upon by the Court en banc.
93.04
Failure to file an inventory and appraisement, accounts, or other reports as
contemplated by this rule, pursuant to notices sent by the Administrative
Director will constitute cause for removal of the Receiver and/or his or her
attorney, and for withholding fees from the Receiver and/or his or her
attorney.
RULE 95 - ATTORNEY'S FEES IN SUITS FOR PARTITION OF REAL
ESTATE
95.01
The attorneys for plaintiffs in an action in this Court for the partition of
real estate pursuant to R.C. Sections 5307.01 to 5307.25 who have rendered
complete services in connection with partition litigation shall be allowed and
receive in full compensation for all ordinary services a fee (as "counsel
fee") in accordance with the provisions of R.C. Section 5307.25 for the
first $5,000 of the value, as determined in the action, of the real estate, at
the rate of 8 percent; all above the sum, and not exceeding $10,000, at the
rate of 6 percent; all above that sum, and not exceeding $15,000, at the rate
of 4 percent; and all above $15,000 at the rate of 2 percent, with a minimum
allowance of $50.
95.02
In the event an allowance for actual and necessary expenses, additional
compensation, or compensation for extraordinary services, is sought by such
attorney, or attorneys, in a partition action, (over and above the "
counsel fee" contemplated in Loc. R. 95.01) the request for an allowance
must be made in person to the Trial Judge before allowance, be considered and
fixed by the Court en banc
in an amount the Court considers just and reasonable for actual and necessary
expenses, and for extraordinary services.
RULE 96 - JUDICIAL SALES/TITLE INSURANCE REQUIRED - [6/1/93]
96.01
In every action demanding the judicial sale of one to four family residential
real estate, the party or parties seeking such judicial sale shall file,
within fourteen (14) days after the filing of the pleadings requesting such
relief, a commitment for an owner's policy of title insurance, on the currently
revised ALTA owner's policy form prepared by a licensed "title insurance
company" as that term is defined in Section 3953.01(c) of the Ohio Revised
Code, showing: (i) the name of the owners of the property to be sold; (ii) a
reference to the volume and page of the recording by which said owners
acquired title to such real estate; (iii) a description of all exceptions to
said owner's fee simple title and liens thereon; and (iv) the name and address,
as shown on the recorded lien, of the lien holder(s). Such commitment shall
have an effective date within fourteen (14) days prior to the filing of the
complaint or other pleading requesting judicial sale. Such commitment shall
cover each parcel of real estate to be sold, shall be in "the amount of
the successful bid at Sheriff's sale", shall show "purchaser at
judicial sale" as the proposed insured, and shall not expire until 30 days
after recordation of the Sheriff's Deed to such purchaser.
96.02
No later than thirty (30) days prior to the date set for such judicial sale,
the party or parties submitting the same shall cause the original commitment to
be updated by the issuer thereof to a date subsequent to the date of judgment,
to insure that all necessary parties are properly before the Court in the
pending action. Where the evidence of title indicates that necessary party or
parties have not been made defendants, the attorney for the party submitting
the said Judgment Decree shall proceed without delay to cause such new parties
to be added and served a copy of the Complaint in accordance with the Ohio
Rules of Civil Procedure.
96.03
After the Sheriff's return of the order of sale and prior to the confirmation
of the sale, the party or parties requesting the order of sale shall cause an
invoice for the cost of the title insurance policy, commitment cost related
expenses and cancellation fee, if any, to be filed with the Clerk of this
Court. The amount of the invoice shall be taxed as costs in the case.
96.04
The purchaser at the judicial sale may, by paying the premium for such
policy, obtain the issuance of title insurance in accordance with the
commitment.
96.05
The party or parties requesting the order of sale shall prepare a
distribution entry showing the court costs assessed, which include the invoice
for the cost of the title insurance policy, commitment cost related expenses,
including cancellation fee, if any, and all other costs and distribution of
sale.
96.06
This rule shall not apply to any foreclosure brought by the State of Ohio,
Franklin County, or any Municipal Corporation.
RULE 97 - NOTARIES PUBLIC
97.01
For the purpose of assisting this Court in the performance of its duties
pursuant to R.C. Chapter 147, the Court hereby establishes a committee of 15
persons to be known as the Notaries Public Committee.
97.02
In July of each year the Court shall, by journal entry, duly filed with the
Clerk, appoint the members of the committee to serve until their successors are
appointed. The President of the Columbus Bar Association shall submit
recommendations to the Court for appointment. All members of the committee
shall serve at the pleasure of the Court.
97.03
The committee shall investigate the moral character, the qualifications, and
ability to discharge the duties of the office of notary public of all
applicants for a commission. Applications shall be upon a form prescribed by
the committee. Any person applying for the first time for a commission and any
person whose commission has expired five years or more prior to the date of
his or her application shall be required to take a written examination to be
prepared and graded by the committee.
97.04
The committee shall schedule examinations to be held at regular intervals and
the chairman of the committee shall appoint a member to conduct each
examination. The member conducting an examination shall be paid the sum of $30
for each examination conducted by the Columbus Bar Association.
97.05
The committee shall promptly transmit to the Court the names of the persons
who have successfully completed the examination and those whose applications
have been approved. No judge of this Court shall consider or act upon the
application of any person to become a notary public unless there is first
submitted to him or her the report of the committee concerning the applicant.
97.06
Should any applicant after filing an application for examination fail to
appear for the examination within 90 days after the filing of his or her
application, the application shall become null and void and the fee paid shall
be forfeited.
97.07
An applicant who fails to pass the examination may not file a new application
for re-examination sooner than 30 days from the date of his or her last
examination.
97.08
Attorneys-at-law admitted to the practice of law in this state and those
persons who have held a commission as notary public at any time within five
years prior to the date of their application shall not be required to take the
examination, but their applications shall be on the form prescribed by the
committee.
97.09
Applications shall be accompanied by the following fees: where the applicant
is required to take the examination or is an attorney-at-law, the sum of $40;
where the applicant is not required to take the examination, the sum of $40. In
addition, the application shall be accompanied by the fee provided by law for
the Commission Clerk in the Governor's office, which amount shall be refunded
to the applicant in the event that his or her application is not
approved.(Amended February 25, 1997)
97.10
All fees set forth herein shall be paid to the Columbus Bar Association which
shall pay the compensation provided for in Loc. R. 97.04 and retain the
balance to cover the expenses of the committee and the costs of the
secretarial, clerical, and accounting services rendered to the committee. The
Columbus Bar Association shall present to this Court on or before July 31 of
each year an accounting of all fees received by virtue of this rule and of all
expenditures made by the committee.
(Amended February 25, 1997)
97.11
Whenever it comes to the attention of the committee that any notary public is
allegedly improperly exercising his or her office or powers in this county, it
shall be the duty of the chairman of the committee to, and in his or her
absence or inability, then any member of the committee may, convene a meeting
of the committee at the offices of the Columbus Bar Association. The meeting
shall determine whether or not there is cause to file a complaint with this
Court setting forth in a brief manner the acts or things allegedly done
improperly by the notary public. If the committee feels that the filing of a
complaint is warranted, the complaint shall request a time and place to be set
for a hearing, and shall order that the notary public be given notice. The
Administrative Judge, or a judge designated by him or her, shall, at such time
and place as the Administrative Judge or the Trial Judge may determine, after
notice has been given to the notary public against whom the complaint has been
filed, conduct a hearing on the complaint and make such orders or findings as
in his or her discretion are just and proper in the circumstances.
RULE 99 - COURT MAGISTRATES
99.01
Appointment. Magistrates shall be appointed by the Court and serve as
full-time employees of the Court as provided by Civ. R. 53, and shall also
serve as Magistrates under Crim. R. 19.
99.02
Matters Heard. A Magistrate shall hear any trial or hearing which is
referred to him or her by the Trial Judge:
(A) on any issue or issues as to which no jury right attaches, or as to which
the jury right has been waived,
(B) trials or hearings as to any issues submitted by consent of the parties,
(C) jury trials where the parties have given unanimous written consent under
Civ. R. 53(C)(1)(a)(iii).
All hearings for garnishment, attachment, replevin, forfeiture of contraband,
and judgment debtor examinations shall be before the Magistrates, unless the
Trial Judge orders otherwise, at such times and dates as the Assignment
Commissioner designates.
99.03
Trial Procedure. Trials and hearings before the Magistrate will be conducted
in accordance with the standards set out in Loc. R. 23.01 and Loc. R. 23.02.
99.04
Magistrates Order or Decision. The Magistrate will issue his or her order or
decision after the trial or hearing in accordance with Civ. R. 53 but he or
she may require that briefs, proposed findings or other memoranda be submitted
by counsel prior to the issuance of his or her order or decision. No findings
of fact and conclusions of law are required after a jury trial, but the
Magistrate shall report in writing the actions of the jury.
99.05
Objections to Magistrate's Order or Decision. Objections and memoranda in
support of objections to the Magistrate's Order or Decision shall be timely
filed by any party in accordance with Civ. R. 53. Memoranda contra objections
may be filed by any party within 7 days of filing of the objections.
The 14-day time limit established by Civ. R. 53 for the filing of objections to
the Magistrate's Decision may be extended by the Trial Judge only upon written
application supported by an affidavit stating facts indicating a practical
impossibility of compliance. If a transcript of the trial or hearing is
necessary to support objections to the Magistrate's Order or Decision, the
transcript must be filed with the Trial Judge by the moving party within 30
days after the filing of the objections unless the Trial Judge, in writing,
extends the time for inability of the reporter to complete the transcript of
the testimony.
The request for a transcript shall be submitted to the proper Court reporter
within three days after the filing of the objections.
99.06
Entries. Entries or judgments shall be prepared by the prevailing party in
accordance with Loc. R. 25 and shall be submitted to the Magistrate for his or
her approval and endorsement before being submitted to the Trial Judge.
RULE 101 - BROADCASTING, TELEVISING, AND RECORDING COURT
PROCEEDINGS
Broadcasting, televising, recording, and photographing by news media during
courtroom sessions, including recesses between sessions, shall be permitted
under the following conditions:
101.01 Administration
A. Requests for permission to broadcast, televise, record, or photograph in
the courtroom shall be in writing to the Administrative Director as far in
advance as reasonably practical, but in no event later than 1 hour prior to the
courtroom session to be broadcast or photographed unless otherwise permitted
by the Trial Judge. Request forms may be obtained from the Administrative
Director's office. For the purposes of this rule only, the phrase "Trial
Judge" includes Magistrates.
B. The Administrative Director shall immediately inform the Trial Judge of the
request. The Trial Judge shall grant the request in writing consistent with
Canon 3(A)(c), Code of Judicial Conduct, Superintendence Rule 11, and this
rule. Written permission shall be made a part of the record of the proceeding.
101.02 Pooling
. Arrangements shall be made between or among media for "pooling"
equipment and personnel authorized by this rule to cover the court sessions.
Such arrangements are to be made outside the courtroom and without imposing on
the Trial Judge or court personnel to mediate any dispute as to the appropriate
media "pool" representative or equipment authorized to cover a
particular session.
101.03
Equipment and Personnel
A. Not more than one portable camera (television, video-tape, or movie),
operated by not more than one in-court camera person, shall be permitted
without authorization of the Trial Judge.
B. Not more than one still photographer, utilizing not more than two still
cameras of professional quality with not more than two lenses for each camera,
shall be permitted without authorization of the Trial Judge.
C. Not more than one audio system for radio broadcast purposes shall be
permitted without authorization of the Trial Judge.
D. If audio arrangements cannot be reasonably made in advance, the Trial Judge
may permit one audio tape recorder at the bench which will be activated prior
to commencement of the courtroom session.
E. Visible audio tape recorders may not be used by the news media without
prior permission of the Trial Judge.
101.04
Light and Sound Criteria
A. Only professional quality telephonic, photographic, and audio equipment
which does not produce distracting sound or light shall be employed to cover
courtroom sessions. No motor-driven still cameras shall be permitted.
B. No artificial lighting device other than that normally used in the
courtroom shall be employed. However, if the normal lighting in the courtroom
can be improved without becoming obtrusive, the Trial Judge may permit
modification.
101.05
Location of Equipment and Personnel
A. One television camera shall be positioned on a tripod adjacent to the side
conference room door in each courtroom, and shall remain fixed in that
position. This designated area shall provide reasonable access to coverage.
Videotape-recording equipment or other technical equipment which is not a
component part of an in-court television or broadcasting unit shall be located
in a room adjacent to or outside of the Courtroom.
B. The television, broadcast, and still-camera operators shall position
themselves in a location in the courtroom, either standing or sitting, and
shall assume a fixed position within that area. Having established themselves
in a shooting position, they shall act so as not to call attention to
themselves through further movement. Sudden moves, pans, tilts, or zooms by
television or still camera operators are prohibited. Operators shall not be
permitted to move about in order to obtain photographs or broadcasts of
courtroom sessions, except to leave or enter the courtroom.
C. Television cameras, microphones, and taping equipment shall not be placed
in, moved during, or removed from the courtroom except prior to commencement or
after adjournment of the session or during a recess. Neither television-tape
magazines, rolls or lenses, still-camera film, nor audio tape cassettes shall
be changed within a courtroom except during a recess.
101.06 Miscellaneous
A. Proper courtroom decorum shall be maintained by all media pool
participants. 6
101.07 Limitations
A. There shall be no audio pickup or broadcast of conferences conducted in a
courtroom between counsel and clients, co-counsel, or the Trial Judge and
counsel.
B. The Trial Judge shall prohibit photographing or televising by any means
victims of sexual assaults and undercover police officers. The Trial Judge
shall retain discretion to limit or prohibit photographic or televising of any
juror, victim, witness, or counsel or his or her work product, upon objection.
RULE 103 - COMPULSORY ARBITRATION - [11/1/93]
103.00 Introduction
A. Applicability. These rules shall proscribe the procedure to be followed in
all Rule 103 Procedures.
B. Court Proceedings. Rule 103 Arbitrations are formal proceedings of
the Franklin County Court of Common Pleas and all arbitrators, counsel,
parties, witnesses and others shall conduct themselves accordingly.
C. Construction. These rules shall be construed and applied to effect just
results by eliminating unfair surprise, unnecessary delay, unnecessary
expenditures of time and money and all other impediments to the prompt and
inexpensive administration of justice.
D. Purpose. The purpose of these rules is to serve the citizens of Franklin
County, Ohio by providing a fair and impartial dispute resolution system that
is dignified, faithful to the law and that is less time consuming and less
expensive than a trial, and that may be used whenever appropriate.
E. Control by the Court. As indicated below, the Court maintains full
supervisory power over all aspects of all Rule 103 proceedings including, but
not limited to, the application and the interpretation of these rules.
Therefore, the Court, for good cause shown, may modify and amend these rules in
appropriate cases in order to do justice and/or avoid injustice.
103.01
Cases for Arbitration
A. Any judge of the general division of the Court of Common Pleas may, at any
time, by a general entry, order any case assigned to that judge to be heard and
decided by a Board of Arbitration, consisting of three (3) members who are
licensed attorneys and members of the Columbus Bar Association, and the Bar of
Franklin County, Ohio, to be selected as provided in this rule (except cases
involving title to real estate, equitable relief and appeals), provided the
following conditions are satisfied:
(1)
The case must be at least 60 days old; and
(2)
All of the parties must have appeared in the case; and
(3)
The apparent value of the claim or claims of the plaintiff or the plaintiffs
shall not exceed Fifty Thousand Dollars ($50,000.00) exclusive of interest and
costs; and
(4)
Generally, the case should not involve any complicated issues of significant
fact; and
(5)
The case should not involve any complicated legal issues that are central to
the case; and
(6)
The case should be of the type that is capable of being arbitrated pursuant to
these rules, including, but not limited to, the rules regarding evidence and
time limitations.
B. (04-26-00
) Cases in which the apparent value of the claim or claims of the plaintiff or
the plaintiffs is less than fifty thousand dollars ($50,000) shall be referred
for arbitration as required by Ohio Rules of Superintendence Rule 15(a)(1).
C. (04-26-00
) Anytime after all parties have appeared in the case, up to ninety (90) days
before trial, any party may file a motion to arbitrate. Regardless of the
apparent value of the claim or claims.
D. (04-26-00)
A party who wishes to oppose arbitration shall file a memorandum contra
within 14 days of the service of the Entry to Arbitrate or the motion to
arbitrate.
The Court shall then determine whether the action is ready and appropriate for
arbitration in accordance with the standards listed in Rule 103.01(A).
103.02 Selection of Arbitrators
A. (04-26-00)
When the order of arbitration is made by the judge, the judge shall select
the chairperson, and forward the entry to the arbitration clerk who shall
select the time and location of the hearing, file the entry and forward a copy
of the entry to all parties.
B. The chairperson shall have at least three (3) years of legal experience,
and shall be appointed on a rotating basis from a list of volunteers created by
the Court of the Columbus Bar Association and maintained by the Arbitration
Clerk.
C. (04-26-00)
Within fifteen (15) days of the filing of the entry, each side shall appoint an
arbitrator who can be available for the scheduled date, and shall notify all
parties and the Arbitration Clerk in writing. A party's failure to comply with
this rule constitutes a waiver of their right to so appoint and the assigned
judge shall appoint their arbitrator for them.
D. Where there is more than one plaintiff or more than one defendant, each
side shall nominate one arbitrator. If any conflict arises out of the
differing interests of the parties, the judge shall make appropriate rulings.
E. By agreement or by waiver, the parties may proceed with the chairman as the
sole arbitrator.
F. On the day of the hearing, the chairperson shall obtain the Court file on
the case, along with the appropriate forms for the required Report and Award.
No disclosure shall be made to an arbitrator prior to the filing of the report
and award of any offers of settlement made by either party, except by agreement
of the parties. Prior to the delivery of the court file to the Chairman of
the Board of Arbitrators, the Arbitration Clerk shall remove from the file and
retain all papers or any notations referring to demands or offers for
settlement.
G. No more than one member of a law firm or association of attorneys shall be
appointed to the same board, nor shall any attorney be appointed to a board who
has a specific interest in the determination of the case or a relationship
with the parties or their counsel which would interfere with the fair and
impartial consideration of the case.
103.03
Compensation of Arbitrators
A. Each member of a board who has signed an award or files a minority report
shall receive as compensation for his or her services in each case a fee of One
Hundred Dollars ($100.00). When more than one case arising out of the same
transaction is heard at the same hearing or hearings, it shall be considered as
one case insofar as compensation of the arbitrators is concerned.
In cases requiring hearings of unusual duration involving questions of unusual
complexity, the assigned judge, on motion of the members of the board and for
cause shown, may allow additional compensation. The members of a board shall
not be entitled to receive their fees until after filing the Report and Award
with the Court. Fees paid to arbitrators shall not be taxed as costs.
B. The chairman shall receive as additional compensation the sum of Fifty
Dollars ($50.00) for each case heard by the board. If the chairperson serves
as a sole arbitrator, he or she shall receive compensation of the entire Three
Hundred Fifty Dollars ($350.00) deposited.
C. Each side shall be responsible for paying the fee of one arbitrator and
one-half the fee of the chairperson. Payments shall be made to the Clerk of
Courts no later than fourteen (14) days before the date set for the arbitration
hearing or a show cause hearing may be scheduled anytime after the report and
award is filed with the Clerk of Courts. After the show cause hearing, the
Court may order the delinquent party to pay the entire cost of the arbitration
and at such
time order the Clerk of Courts to refund the fees deposited by the
non-delinquent party.
In the event that one or more parties is unable due to poverty to make the
payment for arbitrators' fees, he may file a motion and affidavit under Rule
103.14(A)(1)(c) herein, and all of the provisions of that rule shall apply.
D. If a case is settled or dismissed more than two (2) days prior to the date
scheduled for the hearing, the board members shall not be entitled to any fee
except in cases where the arbitrators are not notified of the settlement or
dismissal by that date. If a case is settled or dismissed within that two-day
period, the board members shall be entitled to receive the fee. The parties
are required to notify the chairperson and the Arbitration Clerk immediately of
settlement or dismissal.
E. If a case is settled or dismissed more than two (2) days prior to the date
scheduled for the hearing, the parties shall file the standard settlement and
dismissal entry, shall serve the Arbitration Clerk with a copy, and shall
notify all of the arbitrators of the settlement. If the settlement is within
two (2) days or less prior to the arbitration, the settlement and dismissal
entry, shall also contain an order for payment of fees to the arbitrators,
designating their names, addresses and amount due.
103.04
Hearing: When and Where Held - Notice
A. Hearings shall be held at a time scheduled by the Arbitration Clerk at a
courtroom or hearing room unless the chairperson, upon agreement by all
parties, shall designate another place, such as a law office, a Columbus Bar
Association office or room, or another appropriate office. A hearing shall be
scheduled not less than forty-five (45) but no more than sixty (60) days after
the appointment of the chairperson.
The sixty (60) day period may be extended only by the Court. No hearing shall
be fixed for Saturdays, Sundays, legal holidays, or evenings, except upon
agreement of counsel for all parties, the board, and the Arbitration Clerk.
B.
Since sufficient notice is given to the parties prior to the hearing date, the
hearing should proceed at the scheduled time.
103.05 Duties and Oath of Arbitrators
A. The Arbitrators shall:
1.
Perform their duties fairly, impartially and diligently; and
2.
Be patient, dignified and courteous to all who come before them; and
3.
Be faithful to the law; and
4.
Be unswayed by personal interests or fear of criticism; and
5.
Not identify themselves as Plaintiff or Defendant's Arbitrator.
B.
The Arbitrator's sole function is to consider the evidence, to apply the facts
to the law in a fair and impartial manner and to render a just decision.
C.
When all the arbitrators are assembled and before the hearing begins, each
arbitrator shall take an oath or affirmation, as follows:
"I solemnly affirm that I will faithfully and fairly hear and examine the
matter in controversy and that I will make a just award to the best of my
understanding and ability."
This oath shall not be waived. Any arbitrator who fails to take this oath
shall not be entitled to any compensation for serving as an arbitrator.
D.
There shall be no communications by counsel or the parties with any arbitrator
concerning the merits of the controversy prior to the commencement of the
arbitration hearing nor following the conclusion of the arbitration hearing
until the Report and Award has been filed and served on all parties.
103.06
Default of a Party
The arbitration may proceed in the absence of any party who, after due notice,
fails to be present, appoint its arbitrator, obtain a continuance, or to
present evidence. An award shall not be made solely on the default of a party.
The board shall require the other party to submit such evidence as it may
require for the making of an award.
103.07
Supervisory Powers of the Court
The assigned judge, or when he or she is unavailable, the Administrative Judge
of the General Division of the Court of Common Pleas, shall have full
supervisory powers with regard to any questions that arise in all arbitration
proceedings and in the application of these rules.
103.08 Witness Fees, Written Depositions, Videotape Deposition
Witness fees in any case referred to arbitration shall be in the same amount as
now or hereafter provided for witnesses in trials in the Common Pleas Court.
Costs of witness fees may be ordered taxed as costs. The costs in any case
shall be paid by the same party or parties by whom they would have been paid
had the case been tried.
103.09
Transcript of Testimony
The arbitrators shall not be required to make a transcript of the hearing. If
any party desires a transcript, that party shall provide a reporter and cause a
record to be made. The party requesting the record shall pay the expenses,
which shall not be considered costs in the case. Any party desiring a copy of
any transcript shall be provided with it by the reporter upon payment of the
usual charges for a copy of a deposition, plus the party's proportionate share
of the cost of the reporter's attendance.
103.10
Continuance of Hearing, Inability of Hearing to Proceed
A. The chairperson may continue a hearing date only upon a showing by a party
or parties of extraordinary reasons. In such event, it shall be the
responsibility of the party requesting the continuance to reschedule the
hearing at a date and time not later than forty-five (45) days, mutually
agreeable to the Arbitration Clerk, the arbitrators and the parties, and
provide written notice of the rescheduled hearing date to the Arbitration
Clerk, the arbitrators and the parties. In no event shall a case be continued
more than twice without a Continuance Entry and the approval of the trial
judge.
B. If one or two members of the arbitration board are unable to attend the
hearing, the parties shall obtain a substitute arbitrator, or may agree that
the hearing proceed before a board of less than three arbitrators.
In no event shall the hearing proceed in the absence of the assigned
chairperson. If the assigned chairperson cannot attend the hearing, the
arbitration clerk shall attempt to locate a substitute chairperson whose
appointment will not cause any conflict of interest. If no substitute can be
located, the hearing shall be continued to a date and time mutually agreeable
to the arbitrators, the parties, and the Arbitration Clerk.
C. If the hearing is unable to proceed as a result of the death or long-term
illness or disability of a party, or counsel, the chairperson shall return the
case file to the Court with notice of such fact. The judge shall summon the
parties or their counsel and make such orders as are just relative to further
proceedings in the case.
D. Any motion that has not been ruled on prior to the date of the arbitration
shall be disregarded by the board for the purposes of arbitration. Any motion
objecting to the referral of the case to arbitration that has not been ruled on
prior to the date of the arbitration shall, at the request of any party, cause
the hearing to be continued.
103.11
Conduct of Hearing - General Powers
A. Strict conformity to the Rules of Evidence is not necessary. However,
except as indicated below, there shall be substantial
compliance with the Ohio Rules of Evidence and inadmissible hearsay shall be
kept to a minimum. Evidence received shall be given such weight as the board
deems appropriate after consideration of any objections. Rulings upon
objections shall be made by the chairperson. All evidence shall be taken in
the presence of the arbitrators and all the parties except where any of the
parties is absent and consents, or is in default, or has waived the right to be
present. The board may receive evidence in the following forms:
(1)
Testimony. Testimony by competent witnesses, whether live or by deposition,
signed and dated witness statements or transcripts of the same, or affidavits.
The chairperson shall administer oaths or affirmations to all live witnesses;
(2)
Documentary Evidence.
(a)
In actions involving personal injury and/or damage to property, the following
documents may be offered and shall be received into evidence.
(b)
Medical bills, including the following:
(i) Health Care Providers. Bills of hospitals, doctors, dentists, nurses,
therapists, and all other health care providers, on the proper form or
letterhead, when itemized and dated.
(ii) Bills for Medicines, etc. Bills for medicines, eye glasses, prosthetic
devices, medical appliances, or similar items.
(c)
Property Repair Bills or Estimates. Property repair bills or estimates, when
identified and itemized setting forth the charges for labor and material used
in the repair of the property, provided that sufficient proof of ownership is
offered by the party seeking to introduce such bill or estimate.
(d) Procedure in Case of Estimate. In the case of an estimate, the
party intending to offer the estimate shall forward with his or her notice to
the adverse party, together with a copy of the estimate, a statement
indicating whether or not the property was repaired, and if it was, whether the
estimated repairs were made in full or part, attaching a copy of the receipted
bill showing the items or repair made and the amount paid.
(e)
Records and Reports.
(i) Police, sheriff and highway patrol reports.
(ii) Hospital, medical,therapy, doctor's reports, and x-rays.
(iii) Employer's reports on lost wages and economist reports.
(f)
Similar materials. Any reports and/or records and/or other materials that are
substantially similar to any of the items specifically set forth in Rule 103.11
may be offered and shall be admitted into evidence.
B. All written or documentary evidence as listed above must be served upon the
adverse parties or their counsel at least fourteen (14) days before the
hearing, unless counsel otherwise agrees. Failure to give such notice or serve
that evidence upon opposing parties can be sufficient grounds for exclusion of
the evidence, at the discretion of the chairperson. The chairperson shall not
exclude evidence unless it unfairly surprises the non-offering party or
otherwise unfairly prejudices the non-offering party.
C. Counsel shall, upon request, whenever possible, produce a party or witness
at the hearing without the necessity of a subpoena. Subpoenas are to be issued
as provided in Civil Rule 45 through the Clerk's office as in any other case.
Except as indicated above, the parties are not required to appear at the
hearing and such absence shall not be held against them.
D. The chairperson may compel the reasonable production of books, papers and
documents which may be material to the case.
Should a party or witness fail to produce documents or to testify as to a
matter after being ordered to do so by the chairperson, the board may treat
that particular matter as not controverted and proceed to make a final award
without the necessity of issuing a citation for contempt.
E. Where documentary evidence including, but not limited to, the types of
evidence referred to above, will be offered for admission at the hearing,
counsel for the party offering the evidence shall provide a copy of each
document to each arbitrator.
F. The chairperson, may request that counsel provide the board
with brief written or oral arguments of law, together with supporting
authorities, if necessary to a just determination of the issues. The board
shall decide the case submitted to it in accordance with their duties and oath
as specified above in Rule 103.05.
G. The hearings should last not more than three (3) hours total except for
good cause shown, and the chairperson shall divide the hearing time fairly
among the parties.
103.12 Report and Award (04-26-00)
Within thirty (30) days after the hearing, the chairperson shall file a Report
and Award with the Clerk and the Arbitration Clerk, and on the same day shall
mail or otherwise forward copies to all parties or their counsel. An award may
exceed $50,000.00 exclusive of interest. The Report and Award shall be signed
by all of the members of the board. In the event all three members do not
agree on the findings and award, the dissenting member shall write the word
"Dissents" before his or her signature. A minority report shall not
be required unless the dissenting arbitrator elects to submit one. The Clerk
of Courts shall note the Report and Award on the docket, and shall provide a
copy to the assigned judge.
103.13 Legal Effect of Report and Award: Entry of Judgment
The Report and Award, unless appealed from, shall be final. If no appeal is
taken within the time and in the manner specified, the Court shall enter
judgment on such award. After the appeal time runs, the prevailing party shall
prepare a judgment entry, which shall be submitted to opposing counsel for
approval and to the assigned judge for signature. If no entry has been
submitted to the Court as set out in Rule 25.01 of the Local Rules, from the
date of the filing of the Report and Award, the Court will file its own entry.
The Court shall order the Clerk of Courts to pay the arbitrators, as soon as
practicable, following the filing of an Award by the chairperson, or a
settlement or dismissal entry or stipulation entitling the arbitrators to
payment under these rules.
103.14
Appeals
A. Right of Appeal de Novo. Any party may appeal from the action of the board
to the Common Pleas Court. No appeal can be withdrawn without the consent of
all parties. The filing of a single appeal shall be sufficient to require a
de novo
trial of the entire case on all issues and as to all parties without necessity
of each party filing a separate notice of appeal. The right of appeal shall
be subject to the following conditions, all of which shall be complied with
within thirty (30) days after the filing of the award with the Clerk of Courts.
(1) (a)
Notice of Appeal and Costs. An appellant shall file a Notice of Appeal
de novo
, in the office of the clerk, together with an affidavit indicating that the
appeal is not being taken for delay but because the appellant believes an
injustice has been done. The appellant shall pay to the Clerk of Courts the
sum mentioned in (1)(b) below. The appellant shall serve a copy of the notice
of appeal and affidavit upon all parties or
their counsel and the Arbitration Clerk.
(c)
Poverty Affidavit and Notice. A party, desiring to appeal an award, may
concurrently with the filing of a Notice of Appeal de Novo
file with the assigned judge a written motion and affidavit averring that by
reason of poverty the party is unable to make the payments required for an
appeal and requesting the Court to allow an appeal de novo
without payment of the amount specified above in (1)(b). If after due notice
to the opposing parties, the judge is satisfied with the truth of the statement
in the affidavit, the judge may order that the appeal of such party be allowed
although the amounts are not paid by the appellant. If, however, the
plaintiff or party appealing, who has filed a poverty affidavit as described
above, receives a settlement, or judgment in the case, the defendant or party
who agrees to or is ordered to pay the judgment, shall pay first to the Clerk
of Courts out of the settlement or judgment, before making payment to anyone
else, an amount equal to all arbitration compensation fees and appeal
de novo fees previously waived by an affidavit of poverty.
(2)
Return to Assigned Judge. After perfection of the appeal, the case shall be
returned to the assigned judge for trial.
B. Appeal De Novo. All cases which have been duly appealed shall be tried
de novo
. No mention of the arbitration or its result shall be made at the time of
trial. However, this section shall not be construed to prohibit a party from
employing the transcript of testimony of a witness or party made at the
arbitration hearing for the purpose of impeachment, or for any other purpose
allowed by law or the Ohio Rules of Civil or Criminal Procedure, or the Ohio
Rules of Evidence.
C. Testimony of Arbitrators on Appeal. In the event of an appeal from the
award or decision of the board, the arbitrators shall not be called as
witnesses as to what took place before them in their capacity as arbitrators.
D. Exceptions and Reasons Therefor. Any party may file exceptions with the
Clerk of Courts from the decision of the board, within thirty (30) days from
the filing of the Report and Award for reasons set out in O.R.C. 2711.10.
Copies of the exceptions shall be served upon each arbitrator within three (3)
days after filing and shall be forthwith assigned for hearing before the
Administrative Judge or a judge assigned by him or her to conduct a hearing.
If the exceptions are sustained, the report of the board shall be vacated by
the Court and the Court shall return the case to the trial docket for trial or
assign the case again to arbitration before a new board of arbitrators. The
judge vacating the Report and Award may also withhold arbitrator's
compensation, or require a refund of compensation, from any one or more of the
arbitrators. The filing of exceptions shall toll the running of the thirty
(30) day appeal period provided in (A) above until a determination of the
exceptions by the Court.
1
03.15 Misconduct of Arbitrator(s) (04-26-00)
Exceptions to the decision of the board or single arbitrator based on either
misconduct or corruption of the board or single arbitrator may also be filed by
any party within thirty (30) days after the filing of the report, and, if
sustained, the report shall be vacated.
RULE 105 MANDATORY MEDIATION
105.01
Reference to Mediation
A. The following cases, upon completion of necessary pleadings or motions, may
be referred by the Trial Judge to a Court Magistrate for a mandatory mediation
conference:
1.
All cases, regardless of the amount in controversy, in which the chances of
settlement would be improved with mediation;
2.
All cases involving replevin, attachment before judgment, garnishment before
judgment, forcible entry and detainer, and motions for relief from judgment
after cognovit and default judgments;
3.
All cases in which all parties consent to mediation;
4.
All cases as to which a continuance of the trial date becomes necessary due to
the unavailability of the Trial Judge.
B. In all cases under Loc. R. 105.01(A)(1) and (3), the Trial Judge and/or the
Magistrate shall set the mediation conference at the earliest practical date
in light of the pleadings, appearances by counsel for all parties, and other
facts and circumstances.
105.02
Notification of Conference
. A reference to mediation shall be by "Notice of Conference" which
shall set the time and place of the conference. A mediation conference may be
set immediately prior to a scheduled hearing on a preliminary motion. If the
preliminary motion is referred to a Magistrate, the mediation conference need
not be set before the same Magistrate to whom the motion has been referred.
105.03 Settlement
of Case. At the mediation conference the Magistrate shall try to settle the
entire case. The Magistrate may schedule, recess, or continue the conference;
order monies held in trust by the Clerk; conduct a view of the scene, if
applicable; issue orders; and exercise such powers as are necessary and proper
for the mediation of cases. The Magistrate may note for the file the results
of the mediation without filing a specific order or decision.
105.04
Statements of Evidence
. Statements made during a mediation conference are subject to Evid. R. 408.
RULE 107 MISCELLANEOUS
107.01 Interpretation.
These local rules shall be interpreted to achieve the prompt, efficient, and
fair resolution of cases. In the event that any portion of a rule is found to
be ambiguous, the rule shall be interpreted as follows:
1. To be consistent with the Ohio and United States Constitutions, and the
Ohio Rules of Civil Procedure;
2. To be practical and efficient in their operation;
3. To be taken in context with the other portions of these rules.
Words of the male gender shall include the female gender. Singular words shall
include the plural, except for the phrase "Trial Judge", or where
context indicates that the singular was intended. Each portion of these rules
is regarded as severable.
107.02
Citation.
These rules shall be known as the "Local Rules of Practice of the Franklin
County Common Pleas Court, General Division". These rules may be cited
as "Loc. R. ".
107.03
. These rules shall be effective on July 1, 1991.
RULE 108 FACSIMILE FILING ACCOUNTS
108.01
For the convenience of persons filing documents with the Clerk of Courts, the
Court has established Loc. R. 109, which governs facsimile filing. Persons
wishing to take advantage of Loc. R. 109 must establish in advance a facsimile
filing account. The procedure for establishing a facsimile account is set forth
in Part A of this Local Rule. The procedure to be followed when filing a civil
complaint is set forth in Part B.
A.
To establish a facsimile filing account, a person must execute and deliver to
the Clerk an
Authorization Agreement for the Automatic Withdrawal (Debits) an Deposit
(Credits)
on a form furnished by the Clerk. Upon receipt of the authorization agreement
and confirmation from the designated banking authority the
clerk shall establish a debit account in the name of the account holder. The
Clerk shall debit the account of the account holder for those facsimile
transmitted documents received by the clerk for filing. The Clerk shall
terminate the account when notified in writing by the account holder.
B.
A person with a pre-existing facsimile filing account may file by facsimile a
complaint that otherwise complies with Loc. R. 109.01-.09 provided the person
complies with Loc. R. 108.01 (A). The Clerk shall debit the facsimile filing
account for the fees associated with filing by facsimile , filing the
complaint, the fees for making service copies of the complaint and
any associated documents and the postage for mailing a return copy to the
account holder. Once these provisions have been complied with the complaint
will be deemed filed in accordance with Loc. R. 109.06. A complaint is the
initial document filed to initiate a civil proceeding. This section does not
apply to any criminal proceedings.
RULE 109. FACSIMILE FILING
109.01
For the convenience of persons filing documents with the Clerk of Courts, the
Clerk shall accept for filing any document, other than those listed in Loc. R.
109.02, sent by facsimile transmission to the Clerk, provided that the person
making the facsimile filing complies with all the requirements of Loc. R.
109.01-.09 and Loc. R. 108.
109.02
The following documents may not be sent by facsimile transmission to the
Clerk for filing: A.
any entry or other document that requires the signature of a Judge of this
Court; B.
any document in whole or part under seal;
C.
any will, codicil, bond or similar undertaking; or
D.
any document in excess of ten (10) pages (including supporting materials, but
excluding the Cover Sheet).
109.03
The Clerk shall charge a facsimile filing fee of two dollars ($2.00) per
facsimile filing, plus twenty-five cents (.25) per transmitted page (excluding
the Cover Sheet) and a charge of twenty-five cents (.25) per page for the
making of service copies. Notwithstanding Loc. R. 109.02, a poverty affidavit
may not be used to defer or excuse payment of the facsimile filing fee.
109.04
A completed Cover Sheet shall accompany each facsimile filing. The Cover
Sheet shall be in the form adopted by Loc. R. 109.09. Each document sent by
facsimile transmission shall constitute a separate facsimile, shall be
transmitted separately, and shall have its own Cover Sheet in the form adopted
by Loc. R. 109.09. The Clerk shall not file a pleading or paper sent by
facsimile transmission to the Clerk without a fully completed Cover Sheet.
109.05
When the Clerk accepts as an original filing a document sent by facsimile
transmission, the Clerks Office shall so indicate on the Cover Sheet that
accompanied the facsimile filing, and return to the sender confirmation, via
fax, of the documents acceptance for filing. The Clerk shall be under no other
duty to respond to persons attempting to file a document by facsimile. The
Clerks Office shall not verify receipt of a facsimile transmission by
telephone.
109.06
Facsimile filings received by the Clerks office before 5:00 P.M. of a
regular workday shall be deemed filed as of that day, at the time printed by
the Clerks facsimile machine on the final page of the filing. Filings
received after 5:00 P.M. shall be filed as if received at 8:00 A.M. on the next
regular workday.
109.07
The person making the facsimile filing shall keep, for no less than five
years, the original document sent by facsimile transmission to the Clerk,
together with the copy of the Cover Sheet faxed by the Clerks Office
pursuant to Loc. R. 109.05. if the senders facsimile machine generates a
transmission record or confirmation record at the time the original document is
sent by facsimile transmission to the Clerk, the person making the facsimile
filing shall keep, for no less than five years, a copy of that transmission or
confirmation record.
109.08
This Local Rule has been instituted solely as an accommodation to persons
filing documents with the Clerk of Courts. The person making the facsimile
filing shall bear all risk of transmitting a document by facsimile, including
all risk of equipment failure.
109.09
The following Cover Sheet shall accompany all facsimile filings:
Clerk of the Franklin County Common Pleas Court
John OGrady, Clerk
Hall of Justice
Third Floor-Civil Division
369 S. High Street
Columbus, Ohio 43215
Civil Division Fax Filing No. (614) 462-2583
Phone-(614) 462-3621
Cover Sheet for the Facsimile Filing of Documents
Date:
From:
Direct Dial No.:
Facsimile No.:
Senders Address:
Facsimile Filing Account No..:
Number of pages including this sheet:
(Note: Loc R. 109.02 sets a limit of 10 pages per document excluding cover
sheet)
Case No.:
Case Style:
vs.
Document
Description:
EXCUSE/RESCHEDULE
CASE SCHEDULE
Notice
Rule 78 - APPOINTED COUNSEL REVIEW BOARD
(Leave Blank if filing a complaint as defined in Loc. R. 108.01B)![]()
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