Erie County Court of Common Pleas, General Division Service and Proof of Service Rules

An expert may not testify by deposition or at trial unless a written or audiotape report about the prospective testimony is served on opposing counsel two weeks before the testimony.

No medi.cal or :.other expert.witness will .be permitted· to testify .either by deposition or at trial unless two (2) weeks prior to the expert's testimony a written or audiotape.report relative to the expert's prospective testimony is served to .. opposing cotL~sel.

Counsel must exchange proposed exhibits at least one week before trial, or the exhibits will be inadmissible.

At least one (1) week prior to -trial 1 counsel shal], exchange proposed exhibits. Failure to do so will result in their inadmissibility.

Within one week after service of the fixed-damages list, opposing counsel must notify counsel of any dispute about reasonableness; otherwise, reasonableness is admitted.

Within one. ( 1} week of service of such list opposing counsel must notify counsel if the· reasonableness of the amount of such documents is di'sputed, otherwise reasonableness is admitted.

Opposing counsel must furnish the proponent a copy of the objections and reasons when filing them.

A copy of such objections: and state-ment of reasons therefor shall be furnished to counsel :for.the proponent of such testimony at the time.of filing;

Counsel must exchange a complete list of fixed damages at least three weeks before trial, or those damages will not be admitted.

At least tpr(le (3)· weeks prior to·trial counsel shall exchange the following: A complete list.of all medical, hospital, and other items of fixed damages which their client expects to offer at the time of trial. Failure to comply with. this order will result in those items of damages not being admitted into evidence at trial.

Opposing counsel must furnish the proponent a copy of the objections and reasons when filing them.

A copy of such objections: and state- ment of reasons therefo~ shall be furnished to counsel for the proponent of such testimony at the time of filing;

Adverse counsel must approve or reject the proposed judgment entry within three days after receiving it.

Counsel for such adverse party shall approve or reject the same within three (3) days after,its receipt.

The proponent must furnish opposing counsel a copy of the objections and reasons within three days after filing the videotape testimony.

A copy o:f such ===== PAGE 86 ===== --------------------- objections and a statement of reasons therefor shall be furnished opposing counsel within three days of the filing of such videotape- tes-timony.

Applies to

Pleadings requiring service by the Clerk

Service

Court service to clerk

Counsel must provide the Clerk with copies of pleadings that require service by the Clerk.

Counsel shall provide the Clerk with copies of all pleadings requiring service by the Clerk.

Applies to

Judgment entry

Service

Mail to all parties

An attorney seeking withdrawal must send a copy of the judgment entry to the represented parties by certified mail at their last known addresses.

The attorney desiring to withdraw shall further deliver a copy of said judgment entry to the parties.whom he repre- sented by certified mail sent to·their last known address.

Counsel for the prevailing party must prepare and submit a judgment entry to adverse counsel within ten days after receiving notice, unless the Court grants additional time.

Cou::i.sel for the party in whose favor an order, decree or judgment is rendered shall prepare a judgment entry e~pressive of such order, decree or judgment and submit such entry' to t:.~e counsel of:the,adverse party within ten (10) days after receipt of notice by counsel of such order, decree or judgment, unless further time for the preparation of said entry and submission of same to the adverse party be granted by the Court.

Service

Mail to all parties

On the day the report and award are filed, the chairman must mail or otherwise forward copies to all parties or their counsel.

and on th~ same day .shall mail or otherwise forward copies. thereof. to all_ parties or their counsel

Applies to

Pleading amendments

Parties making pleading amendments must serve the other parties pursuant to the Ohio Rules of Civil Procedure.

The parties making such pleading amendments· shall serve other. parties . pursuant to Ohio Rules o':r c.:i:vii Procedure.

The proponent must furnish opposing counsel a copy of the objections and reasons within three days after filing the videotape testimony.

a statement of reasons therefor shall be furnished opposing counsel within three days of the filing of such videotape-testimony.