RULES OF PRACTICE
RULES OF PRACTICE
OF THE
COURT OF COMMON PLEAS

RULES OF PRACTICE

COMMON PLEAS COURT

FRANKLIN COUNTY, OHIO

RULES OF PRACTICE

STATEMENT OF PURPOSE

RULE 1 TERMS OF THE COURT

RULE 3 HOURS OF SESSION

RULE 5 PRESIDING, ADMINISTRATIVE AND DUTY JUDGES

5.01 Election of the Presiding Judge

5.02 Term of the Presiding Judge

5.03 Duties of the Presiding Judge

5.04 Election of the Administrative Judge

5.05 Appointment of Court Committees

5.06 Specific Duties of the Administrative Judge

5.07 Office Hours of the Duty Judge

RULE 7 FILES

7.01 Clerk Shall File and Preserve Documents

7.02 Clerk to Furnish Copies to Parties

7.03 Documents Which Can be Copied by the Parties

7.04 Definition of Case Categories for Filing

7.05 Requirement for Standardized Paper Size When Filing

RULE 9 COSTS

9.01 No Filing Permitted Unless Costs Paid

9.02 Filing of Affidavit of Indigency

9.03 Filing of Praecipe

RULE 11 PLEADINGS AND MOTIONS

11.01 Proper Format for Pleadings, Motions & Memoranda

11.02 Addition of New Party Plaintiff or Defendant

11.03 Notice of Counsel Change of Address

11.04 Documents to be Filed in Duplicate

11.05 Proper Titles for Motions, Memoranda & Replies

11.06 Proper Format including Font and Paper Size for Pleadings and Motions

RULE 12 PAGE LIMITATIONS

12.01 Supporting or Opposing Briefs Not to Exceed 15 Pages

12.02 Reply Briefs Not to Exceed 7 Pages

12.03 Leave to File Briefs in Excess of Limitations

RULE 13 RULE DAY EXTENSIONS

13.01 Agreement of Parties to Move or Plead Extension

13.02 When Parties Cannot Agree Upon Extension of Time

RULE 15 RULE DAYS NOT FIXED BY LAW

15.01 When Not Fixed by Law, Pleadings to be Filed on or Before 14th Day

15.02 No Interlineation or Obliteration of Pleading or Motion Without Prior Leave of Judge

RULE 17 OFFICIAL NOTIFICATION OF COUNSEL

17.01 Case Schedule & Daily Reporter Official Notification of Case Assignment

17.02 Mail Notification When Provided by Court Rule

17.03 Sufficiency of Mail Notification

17.04 Filing for the "Notice of Counsel" Form

17.05 Computer-Generated Notices Filed with Clerk

RULE 18 WITHDRAWAL OF TRIAL ATTORNEY

18.01 Motion of Withdrawal

18.02 Limitation on Attorney Withdrawal

RULE 19 CERTIFICATE OF SERVICE

RULE 21 HEARINGS AND SUBMISSION OF MOTIONS

21.01 Time Line for Submission of Briefs

21.02 Motions for TROs, Preliminary Injunctions, Appointment of Receivers & Other Equitable Relief

RULE 22 NOTICE OF SETTLEMENT

22.01 Purpose of Rule 22

22.02 Duty of Plaintiff's Counsel to Notify Court of Settlement

22.03 Notice to Bailiff if Settlement Occurs Within 24 hrs of Scheduled Trial Date

22.04 CR. 41(A) Dismissals to be Presented to Bailiff for Termination Prior to Filing

22.05 Sanctions for Failure to Abide by Rule

RULE 23 TRIAL PROCEDURE

23.01 Shall be in Accordance with Statute of Rules of Ohio Supreme Court

23.02 Only One Counsel for Each Party Permitted to Speak

RULE 25 ENTRIES

25.01 Procedure for Preparation & Submission of Entry when Decision, Judgment is Rendered

25.02 Trial Judge to Prepare Entry if Counsel Fails to Present Entry Within 20 Days After the Decision, Judgment is Rendered

25.03 Submission of Entry of Dismissal After Settlement of Case

25.04 Contents of the Entry

RULE 27 JURIES, JURORS

27.01 Opportunity for Service

27.03 Jury Source List

27.05 Random Selection Procedures

27.07 Eligibility for Jury Service

27.09 Term of and Availability for Jury Service

27.11 Exemption, Excuse & Deferral

27.13 Voir Dire

27.15 Removal from the Jury Panel for Cause

27.17 Preemptory Challenges

27.19 Administration of the Jury System

27.21 Notification & Summoning Procedures

27.23 Monitoring of the Jury System

27.25 Juror Use

27.27 Jury Facilities

27.29 Juror Compensation

27.31 Juror Orientation & Instruction

27.33 Jury Size & Unanimity of Verdict

27.35 Jury Deliberations

27.37 Sequestration of Jurors

RULE 29 AGREEMENTS

29.01 Oral Agreements of Counsel

RULE 31 ASSIGNMENT OF CASES

31.01 Single Assignment System

31.02 When Cases Assigned

31.03 Procedure of Assignment of Cases

31.04 Consolidation of Cases

CASE FLOW MANAGEMENT PRACTICE AND PROCEDURE - STATEMENT OF PURPOSE

RULE 33 CASE FLOW MANAGEMENT

33.01 Application of Case Flow Management Rules

33.02 Goal of Case Flow Management

RULE 35 CLASSIFICATION OF CASES, DEADLINES, TIMING

35.01 Case Classification

RULE 37 GENERAL TIME LIMITS

37.01 Case Tracks

37.02 Primary Track

37.03 Longer Tracks

37.04 Non-Track Cases

RULE 39 CASE SCHEDULE

39.01 Case Schedule

39.02 Service on Additional Parties Upon Joinder

39.03 Form of the Case Schedule

39.04 Amended Case Schedule

39.05 Time Limits

RULE 41 INITIAL STATUS CONFERENCE AND FINAL PRETRIAL

41.01 Initial Status Conference

41.02 Who Shall Conduct the Status Conference & Who Should Attend

41.03 Final Pretrial Procedure

41.04 Pretrial Statements

41.05 Final Pretrial Order

41.06 Enforcement

RULE 43 DISCLOSURE OF POSSIBLE LAY AND EXPERT WITNESSES

43.01 Initial Joint Disclosure of All Witnesses

43.02 Supplemental Joint Disclosure of All Witnesses

43.03 Scope of Disclosure

43.04 Exclusion of Testimony

43.05 Cases Without a Case Schedule

RULE 45 CHANGE OF THE TRIAL ASSIGNMENT DATE

45.01 Modification

45.02 Notice of Change of Trial Assignment Date

45.03 Amended Case Schedule

RULE 47 DISCOVERY

47.01 Informal Discovery

47.02 Discovery Cutoff

RULE 49 RESERVED

RULE 51 PRODUCTION OF HOSPITAL RECORDS

51.01 Motion and Order to Produce Hospital Records

51.02 Objections to the Admissibility of Hospital Records

51.03 Expenses and Charges for Reproduction of Records

51.04 When Original Records are Presented in Court

RULE 53 DISPOSITIVE MOTIONS

RULE 55 DEFAULT JUDGMENTS

RULE 57 SUMMARY JUDGMENT MOTIONS

57.01 Date Set for Non-Oral Hearing

57.02 Filing of Affidavits, Depositions & Other Evidentiary Material

57.03 Assignment for Oral Argument

57.04 Prior Review of Trial Judge Required in Motion to be Filed After Dispositive Motion Date

RULE 59 ADMINISTRATIVE APPEALS

CRIMINAL RULES OF PRACTICE AND PROCEDURE

RULE 61 GENERAL APPLICATION

61.01 Rules of Criminal Practice & Procedures Supplement Existing Rules

61.02 Speedy Trial

61.03 Withdrawal of Counsel

RULE 63 GRAND JURY PROCEEDINGS

63.01 Administrative Judge to Handle All Grand Jury Matters

63.02 Court Reporter Shall Not Transcribe Testimony Except Upon Order of Trial Judge or Administrative Judge

63.03 Indictment - Dismissal

RULE 65 BAIL OR SURETY

RULE 67 BAIL FORFEITURE

RULE 69 INACTIVE CRIMINAL CASES

RULE 71 CRIMINAL ASSIGNMENTS

71.01 Arraignments

71.02 Scheduling of Criminal Cases

RULE 73 NOLLE PROSEQUI PROCEDURE

RULE 75 MOTIONS

75.01 Filing and Consideration of Motions

75.02 Motions to be Submitted to Trial Judge

75.03 Discovery

RULE 77 INDIGENT DEFENDANTS

77.01 Appointment of Counsel

77.02 Filing of Affidavit of Indigency

77.03 Attorney Compensation

77.04 Schedule of Fees

77.05 Extraordinary Fees

77.06 Documentation of Hours Worked

77.07 Requests for Fees not Received in 30 Days, Cut in Half

RULE 78 RULE 77 COMMITTEE

RULE 79 CONTINUANCES

RULE 81 THE RECORD

RULE 82 THE RETENTION AND DISPOSAL OF COURT REPORTER NOTES, DEPOSITIONS, TRANSCRIPTS AND EXHIBITS IN CIVIL CASES

RULE 83 DISCLOSURE OF PRESENTENCE REPORTS

83.01 Order of PSI

83.02 Information Not Available for Review

83.03 Responsibilities of the Probation Officer

RULE 85 CERTIFICATION OF ASSETS

85.01 Any Defendant Found Guilty Shall Disclose Assets

RULE 87 WORK RELEASE PROGRAM

87.01 Sentencing to Work Release

87.02 Administration of Work Release Program

87.03 Functions of the Director of Work Release

87.04 Removal of Residents

87.05 Offender Shall Agree to Sign Participation Agreement

87.06 Resident Per Diem Cost

87.07 Funds Received by Program

RULE 88 HOME INCARCERATION PROGRAM

88.01 Courts May Utilize as Alternative to Incarceration

88.02 Administration of Home Incarceration Program

88.03 Use of "Active" System Transmitter

88.04 Per Diem Fee for Offenders

RULE 89 POST CONVICTION PETITIONS

89.01 Filing of Post Conviction Petition

89.02 When Waiver or Return of Notice Filed

89.03 Clerk to Deliver Post Conviction Petition to Trial Judge One Day After it Has Been Filed

MISCELLANEOUS RULES OF PRACTICE AND PROCEDURE

RULE 90 SECURITY

90.01 Appropriate Levels of Security

90.02 Plan for Achieving Appropriate Levels of Security

RULE 91 ADMISSION OF OUT-OF-STATE ATTORNEYS

91.01 Conditions of Admission

91.02 Continuance of Trial or Hearing Not Permitted Solely Because of Unavailability or Inconvenience.

RULE 93 RECEIVERSHIPS

93.01 Duties of the Receiver

93.02 Receiverships in Excess of $1,000.00

93.03 Application for Payment of Receivers and Counsel for Receiver's Fees

93.04 Removal of the Receiver

RULE 95 ATTORNEY'S FEES ON SUITS FOR PARTITION OF REAL ESTATE

95.01 Schedule of Fees

95.02 Payment for Additional Compensation

RULE 96 JUDICIAL SALES/TITLE INSURANCE REQUIRED

96.01 Filing of Commitment for Title Insurance

96.02 Commitment for Title Insurance to be Updated Prior to Judicial Sale

96.03 Costs of Title Insurance

96.04 Purchaser May Obtain Title Insurance

96.05 Preparation of Distribution Entry

96.06 Foreclosures to Which This Rule Does Not Apply

RULE 97 NOTARIES PUBLIC

97.01 Establishment of Notaries Public Committee

97.02 Appointment of Committee Members

97.03 Duties of Committee Members

97.04 Scheduling of Examinations

97.05 Submission of Names of Persons Successfully Completing Exam

97.06 Procedure When Applicant Fails to Appear for Exam

97.07 Application for Re-Examination

97.08 Individuals Not Required to Take Examination

97.09 Fees

97.10 Fees Paid to Columbus Bar Association

97.11 Notary Public Improperly Exercising Authority

RULE 99 COURT REFEREES/MAGISTRATES

99.01 Appointment

99.02 Matters Heard

99.03 Trial Procedure

99.04 Magistrates Order of Decision

99.05 Objections to Magistrate's Order or Decision

99.06 Entries

RULE 101 BROADCASTING, TELEVISING AND RECORDING COURT PROCEEDINGS

101.01 Administration

101.02 Pooling

101.03 Equipment and Personnel

101.04 Light and Sound Criteria

101.05 Location of Equipment and Personnel

101.06 Miscellaneous

101.07 Limitations

101.08 Revocation of Permission

RULE 103 COMPULSORY ARBITRATION

103.01 Introduction

103.02 Selection of Arbitrators

103.03 Compensation of Arbitrators

103.04 Hearing: When & Where Held - Notice

103.05 Duties and Oath of Arbitrators

103.06 Default of Party

103.07 Supervisory Powers of the Court

103.08 Witness Fees, Written Depositions, Videotape Depositions

103.09 Transcript of Testimony

103.10 Continuance of Hearing, Inability of Hearing to Proceed

103.11 Conduct of Hearing - General Powers

103.12 Report and Award

103.13 Legal Effect of Report and Award: Entry of Judgment

103.14 Appeals

RULE 105 MANDATORY MEDIATION

105.01 Reference to Mediation

105.02 Notification of Conference

105.03 Settlement of Case

105.04 Statements of Evidence

RULE 107 MISCELLANEOUS

107.01 Interpretation of Local Rules

107.02 Citation of Local Rules

107.03 Effective Date

RULE 108 FACSIMILE FILING ACCOUNTS

108.01 Establishment of Account

RULE 109 FACSIMILE FILINGS

109.01 Acceptance of Facsimile Filing

109.02 Unacceptable documents

109.03 Filing a Complaint

109.04 Facsimile Filing Fee

109.05 Facsimile Filing Cover Sheet

109.06 Acceptance of Facsimile Filing

109.07 Time Guidelines

109.08 Records Management

109.09 Risks of Facsimile Filing

109.10 Cover Sheet

RULES OF PRACTICE

RULES OF PRACTICE

OF THE

COURT OF COMMON PLEAS