Franklin County Court of Common Pleas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Receivership Plan, Receiver Progress Report
- Upon Filing
Adjournments
- A reasonable continuance may be granted to the prosecutor to obtain the required information from the issuing jurisdiction before the extra-jurisdictional defendant’s arraignment.
- The assigned judge may extend the 14-day objection deadline only on a written application supported by an affidavit showing practical impossibility of timely compliance.
- At any party's request, an arbitration hearing must be continued when a motion objecting to arbitration referral remains undecided.
- +14 more
Request must include
Page & Word Limits2 rules
Supporting and opposing memoranda or briefs, including administrative appeals, may not exceed 15 pages excluding supporting documents unless the Court grants prior leave.
- Brief
- Up to 15 pages
Exception
More pages with leave of court
Court's wording
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 considered without prior leave of the Court.
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 considered without prior leave of the Court.
- Reply brief
- Up to 7 pages
Exception
More pages with leave of court
Document Format Requirements7 rules
Margins on all documents filed with the court must be at least one inch on all four sides.
- Margins
- At least 1 inch
- Court document
All court documents filed in civil cases must be double-spaced, except that (1) footnotes; (2) quotations more than two lines long and indented; and (3) headings may all be single-spaced.
- Line spacing
- Double
- Court document
Exception
That (1) footnotes
Typeface on all court documents shall be at least 12-point, except for footnotes which may be no less than 10-point.
- Font size
- At least 12 points
- Court document
Formatting
- •Footnotes must be no less than 10-point
All motions, briefs and memoranda, pro and contra, shall be filed in duplicate.
7.05 Every pleading, document, or other paperwork filed in the Clerk's office shall be on 8-1/2" x 11" size paper.
- Paper size
- Letter
All court documents filed in criminal cases other than the indictment shall, whenever possible, be double spaced and comply with the other provisions of this local rule. Indictments may be single spaced when required by computer systems used by the prosecutor.
- Line spacing
- Double
- Court document
Whenever possible page numbers shall be placed in the margin, but no text may appear therein.
Document Filing Requirements135 rules
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.
- Document
- Pleading motion brief memorandum or written argument
Must include
- •Certificate of service
A petitioner must include their assigned ODRC Electronic Petition Identification Number on their Cover Sheet (Petition) filed in this court, and attach to it a copy of their fully completed Electronic Application as submitted to the ODRC.
Thereafter, filings in this court are initiated using a "Cover Sheet" (Petition for Certificate of Qualification for Employment, or Form "A").
The Clerk shall then send a notice and request for information to all courts/local prosecutors identified by the Department for each CQE Petition, and collect as part of the case file responses to such requests.
The packet shall include a copy of the Petition, the criminal history, and other information obtained by the Probation Department in accordance with Revised Code 2953.25 and OAC Rule 5120-15-01.
Following completion of their investigation the Probation Department shall deliver an information packet to the assigned judge and file an "Investigation Completed" notice with the Clerk.
If the entry does not dispose of all claims, counterclaims and/or cross-claims, it shall specify what claims remain pending.
Name of the counsel and of the Trial Judge shall be typed or printed upon the entry.
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.
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.
Counsel shall promptly submit an entry of dismissal to the Trial Judge following settlement of any case.
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.
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.
A copy of the “Entry of Appointment” signed by the assigned judge and filed, must be attached to the fee application submitted to the Court’s Finance Department.
Before private counsel or the public defender is appointed, each alleged indigent defendant must complete under oath an affidavit of indigency setting forth the facts in support.
Only attorneys of record may submit proposed Entries for approval to retain investigators or experts and setting a tentative budget for such fees; private investigators and experts may not submit such Entries utilizing the name and bar number of an attorney.
Counsel must review fee statements before they are submitted to the court for payment and certify in writing (using the Form attached as #1AA) that to the best of their knowledge all work shown on the billing was actually done, necessary to the case, and reasonable in amount of time claimed.
An affidavit of indigency must be submitted to and approved by the assigned judge before any such litigation expenses are incurred.
The attorney is required to submit a “Prior Services and Compensation Affidavit” to the assigned judge and must attach this affidavit to the fee application submitted to the Court’s Finance Department.
The original “Affidavit of Indigency”; and,
It is the responsibility of the assigned counsel to submit complete and accurate fee applications with all associated forms and/or entries within thirty (30) days after the case disposition date, even if the Court returns this application to the attorney because the application was completed inaccurately or was missing information.
All applicable entries, signed by the assigned judge, as required by Local Rule 77.
A copy of the appointment entry shall be filed with the Criminal Division of the Clerk and a copy of this appointment entry must be attached to the fee application submitted to the Court’s Finance Department.
All forms and an “Attorney Time Log” as prescribed in Section I of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition;
If appointed counsel is providing representation for services after the original case disposition date, the attorney shall submit a new, updated “Financial Disclosure” form.
If the indigent defendant is not available to sign the form, assigned counsel shall obtain the signature of the assigned judge, certifying the indigency of the defendant.
Appointed counsel must obtain the indigent defendant’s signature on the State Public Defender Financial Disclosure form, OPD-206R.
Court's wording
Appointed counsel shall obtain the signature of the indigent defendant on the “Financial Disclosure” form required by the State Public Defender (Form: OPD-206R) as prescribed in Section I(E)(1) of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition.
OPD 206R Financial Disclosure
Include
- •OPD 206R Financial Disclosure
Assigned counsel seeking reimbursement shall complete all forms required by the Ohio Public Defender’s Office and/or supplemental information or forms requested by the Court.
OPD 209 Request for Court Paid Expert Expenses
OPD 1026R (& 1027R, if applicable) Motion, Entry, and Certification for Appointed Counsel Fees
OPD-E-205 Clerk's/Auditor's Transcript Fee for an Indigent Defendant
Entry*……………………………………… Appointing new counsel during a case.
Entry*……………………………………… Authorizing withdraw of current counsel.
- Document
- Withdrawal entry
Include
- •Entry* Authorizing withdraw of current counsel
The attorney shall certify that the number of hours expended, the work performed, the name of the attorney performing the work (if supervised attorneys are utilized) and actual expenses incurred.
Certification for Expert Expenses ....................All fee applications for expert or investigator fees.
All entries must be signed by the assigned judge, or if they are unavailable, the Administrative Judge, and must be filed with the Clerk of Courts – Criminal Division.
Copies of Receipts………………………. Requesting payment of expenses.
- Document
- Expense reimbursement application
Include
- •Copies of Receipts Requesting payment of expenses
Entry*……………………………………… Requesting reimbursement of expenses in an amount greater than $100.
Affidavit of Indigency ………………….. Submitted with all fee applications.
Entry*……………………………………… Requesting payment of Extraordinary Fees.
- Document
- Extraordinary fee application
Include
- •Entry* Requesting payment of Extraordinary Fees
The certification must state that no other compensation was received or promised for the case and that the hours will not be billed in another case.
- Placement
- Certificate section
Court's wording
Further, the certification shall include a statement that no compensation has been received or promised from any other source for the same case; and, that hours billed for this case have not been, nor will be, billed for payment on any other related, or non-related, cases
Following the conference of all counsel and unrepresented parties, they shall complete and file a proposed joint discovery plan that includes substantially all matters addressed in the model Rule 26(F) Conference Report and Proposed Discovery Plan form attached to these Local Rules.
Unless otherwise specifically ordered by the assigned judicial officer, 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 must identify authorized chief trial counsel, detail factual and legal issues and evidentiary questions, list expected witnesses and exhibits, itemize special damages, state consent to a magistrate and jury, and describe the requested trial procedure.
Court's wording
The joint final pretrial 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 genuinely 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. Whether all parties consent to try the case to a Magistrate and a jury; 7. A description of the trial procedure to be requested, including:
An out-of-state attorney seeking admission pro hac vice must file the Supreme Court of Ohio Certificate of pro hac vice Registration.
Court's wording
91.01 An attorney not licensed to practice in Ohio who currently is licensed to practice in any other state or the District of Columbia may, in the discretion of the trial judge, be permitted to represent parties in any litigation pending or to be filed in this court after completion of all of the following conditions: A. Filing a written Certificate of pro hac vice Registration from the Supreme Court of Ohio pursuant to Section 2(A)(3) of Rule XII, of the Rules for the Government of the Bar; B. Certifying in writing familiarity with this court’s Local Rules and the appropriate Ohio Criminal or Civil Rules, Rules of Evidence and Rules of Professional Conduct; C. Be sponsored in writing by an attorney licensed to practice law in Ohio. The sponsoring attorney, or another attorney licensed to practice in Ohio, shall be co-counsel with the attorney admitted pro hac vice. D. The sponsoring attorney shall submit with the motion and certification an entry granting the motion.
All civil or criminal motions shall be accompanied by a brief stating the grounds and citing the authorities relied upon.
No matter shall be heard ex parte unless, from affidavits filed with the motion, the trial judge determines that extraordinary undue hardship or prejudice would result to the moving party by any delay in proceeding or as a result of attempting to give notice.
A discovery motion concerning disputed interrogatories, production or inspection requests, or admission requests must be filed with copies of the disputed document portions.
Court's wording
If relief is sought under Civ. R. 26(C) or Civ. R. 37 concerning any interrogatories, requests for production or inspection, or requests for admissions, copies of the portions of the documents which are in dispute shall be filed with the Court contemporaneously with any such discovery motion.
the redeeming party shall file with the court, and serve upon all counsel of record and/or pros se parties, a motion to dismiss which shall include notice of payment in full of taxes and court costs, as well as an affidavit or notarized statement or other documentary evidence of compliance with R.C. 5721.25.
A defendant found guilty must use the court-provided form to disclose assets of every kind.
Court's wording
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.
Upon the filing of an amended pleading or motion, the original or any prior amendment shall not be withdrawn from the files.
15.02 No pleading or motion shall be amended by interlineation or obliteration except upon express prior leave of the Trial Judge.
All civil or criminal motions shall be accompanied by a brief stating the grounds and citing the authorities relied upon.
If a case has been dismissed and is refiled, the refiled complaint shall contain the following designation under the new case number: "THIS IS REFILED CASE #, PREVIOUSLY ASSIGNED TO" [See example].
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.
- Document
- Pleading
Must include
- •Caption
Such a Notice shall be signed electronically by an authorized representative of the assignment office.
When cases are transferred after initial assignment to a judge, the assignment office shall publicly file a “Notice of Criminal Case Transfer” with the Clerk, listing each case transferred, and the reason(s) for each transfer.
A re-indicted case must include the prescribed statement that it was previously assigned to the identified judge.
Court's wording
If a case has been terminated by nolle prosequi or other form of dismissal, the re-indicted case shall contain the following designation under the case number: "THIS IS RE-INDICTED CASE #, PREVIOUSLY ASSIGNED TO" [See example].
Additionally, the original case number shall appear under the above designation.
- Document
- Re indicted case
Must include
- •Case number
In order to withdraw as counsel for record, counsel must present a motion setting forth the reasons for requesting withdrawal.
Filing & Service rules
Electronic Filing Rules
Electronically filed documents must substantially comply with the Local Rules and the current Administrative Order, and the filing party or counsel is responsible for obtaining and complying with the current version.
110.02 All documents filed electronically shall conform substantially to the requirements of these Local Rules and the most current version of the Court’s Administrative Order Regarding Electronic Filing of Court Documents. The filing party or, if represented, counsel, shall be responsible for determining the most current version of the Administrative Order and complying with it.
Page 1 | LOCAL RULE 110 (2-18-14) Electronic Filing of Court Documents
The Administrative Order Regarding Electronic Filing of Court Documents governs filing practice and procedures in all civil and criminal cases in the General Division.
110.01 The Administrative Order Regarding Electronic Filing of Court Documents, as amended from time to time, governs practice and procedures to be followed regarding the filing of court documents in all civil and criminal cases in the General Division of this Court.
Page 1 | LOCAL RULE 110 (2-18-14) Electronic Filing of Court Documents
Every CQE application must first be submitted through the ODRC electronic database.
All CQE applications must first be submitted through the ODRC electronic database created for that purpose.
Page 1 | CERTIFICATES OF QUALIFICATION FOR EMPLOYMENT — LOCAL RULE 98
Every petitioner must use the court's electronic filing system, as applicable in civil cases, to file the CQE Petition and related papers.
It is the responsibility of every petitioner to file their Petition and related papers using this court's electronic filing system as otherwise applicable in civil cases.
Page 2 | CERTIFICATES OF QUALIFICATION FOR EMPLOYMENT — LOCAL RULE 98
After review, the assigned judge must electronically file a Judgment Entry granting or denying the Petition.
Following review, the assigned judge shall e-file a Judgment Entry to either grant or deny the Petition.
Page 3 | 98.11
Media-access requests must be electronically filed through the Court’s eFlex system using the Media Access form.
Requests for permission to broadcast, televise, record, or photograph in the courtroom shall be electronically filed in the Court’s eFlex system utilizing the Media Access form located at www.fccourts.org.
Page 1 | 101.03 News Media — A. Requests
The default-judgment entry must be submitted to the court by e-filing, after service on all appearing or defending parties at least ten business days earlier.
55.02. A party entitled to judgment by default shall promptly apply for it following the date on which the defaulting party should have plead or otherwise defended. Motions for default judgment must be served by e-filing or ordinary mail upon all parties that have appeared or otherwise defended no less than ten (10) business days before counsel tenders a default judgment entry by e-filing to the court.
Civil cases
Page 1 | LOCAL RULE 55 – DEFAULT JUDGMENTS
To the extent the current Administrative Order affects facsimile filings, Local Rules 108 and 109 are superseded.
110.03 To the extent facsimile filings are affected by the most current version of the Court’s Administrative Order Regarding Electronic Filing of Court Documents, Local Rules 108 and 109 are superseded.
Page 1 | LOCAL RULE 110 (2-18-14) Electronic Filing of Court Documents
After receiving the CQE Petition and required court-cost deposit, the Clerk must provide reasonable electronic-filing assistance to petitioners.
Upon receipt of a CQE Petition and the required court cost deposit, the Clerk shall afford reasonable assistance with electronic filing to petitioners.
Page 2 | CERTIFICATES OF QUALIFICATION FOR EMPLOYMENT — LOCAL RULE 98
Filing Timing and Cure Windows
A motion for leave to exceed the memorandum or brief page limits must be filed no later than seven days before the brief is due and must explain the unusual and extraordinary circumstances requiring the excess.
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 no later than seven days prior to the time for filing the brief. Such motion shall set forth the unusual and extraordinary circumstances which necessitate exceeding the page limitation.
Page 1 | LOCAL RULE 12. PAGE LIMITATIONS
An attorney may not withdraw later than 20 days before a trial or dispositive hearing, except in extraordinary circumstances.
B. 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.
Page 1 | 18.01 MOTION TO WITHDRAW
Any party filing objections to a magistrate's order or decision must timely file the objections and supporting memorandum in accordance with Civil Rule 53.
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.
Page 2 | 99.05 Objections to Magistrate's Order or Decision
Any party may file a memorandum opposing objections within seven days after the objections are filed.
Memoranda contra objections may be filed by any party within 7 days of filing of the objections.
Page 2 | 99.05 Objections to Magistrate's Order or Decision
A transcript request must be submitted to the proper court reporter within three days after filing the objections.
The request for a transcript shall be submitted to the proper Court reporter within three days after the filing of the objections.
Page 2 | 99.05 Objections to Magistrate's Order or Decision
A party needing a transcript to support objections must file it within 30 days after filing the objections unless the assigned judge grants a written extension because the reporter could not complete the testimony transcript.
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 assigned judge by the moving party within 30 days after the filing of the objections unless the assigned judge, in writing, extends the time for inability of the reporter to complete the transcript of the testimony.
Page 2 | 99.05 Objections to Magistrate's Order or Decision
The Probation Department must allow at least 14 days for responsive information to be supplied.
No less than 14 days shall be permitted by the Department for responsive information to be supplied.
Page 3 | 98.09
The chairperson must file the Report and Award within 30 days after the hearing and forward copies to all parties or counsel the same day.
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.
Page 8 | 103.12 Report and Award (04-26-00)
A notice of appeal de novo must be filed within 30 days after the award is filed with the Clerk of Courts, and a single appeal covers the entire case and all parties.
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.
Page 8 | 103.14 Appeals
Any party may file exceptions with the Clerk of Courts within 30 days after the Report and Award is filed for the reasons stated in O.R.C. 2711.10.
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.
Page 9 | D. Exceptions and Reasons Therefor
If the first party fails to timely deposit, another party may preserve the jury-trial right by depositing no later than 21 days before trial.
If the first party demanding a jury fails to timely make the deposit, any other party may preserve the right to a jury trial by making the jury deposit no later than 21 days before the trial date.
Page 2 | RULE 9 – COSTS, 9.07(A)
The first party making a jury demand must deposit the jury-demand amount with the Clerk no later than 28 days before trial.
The first party making a jury demand in a civil action before this Court shall make the jury demand deposit with the Clerk of Courts no later than 28 days before the trial date reflected in the Case Schedule.
Page 2 | RULE 9 – COSTS, 9.07(A)
A media-access request ordinarily must be filed as soon as reasonably practicable and no later than one hour before the courtroom session, although the trial judge may permit otherwise and need not approve same-day requests before the session begins.
Requests shall be electronically filed as far in advance as reasonably practicable, but in no event later than one hour prior to the courtroom session unless otherwise permitted by the trial judge. Requests filed the day of the session, at the discretion of the trial judge, may not be approved prior to the commencement of the session.
Page 1 | 101.03 News Media — A. Requests, subsection 1
A party entitled to default judgment must promptly apply after the date by which the defaulting party should have pleaded or defended.
55.02. A party entitled to judgment by default shall promptly apply for it following the date on which the defaulting party should have plead or otherwise defended.
Civil cases
Page 1 | LOCAL RULE 55 – DEFAULT JUDGMENTS
Counsel may not tender the e-filed default-judgment entry until at least ten business days after serving the default-judgment motion on all parties who have appeared or defended.
55.02. A party entitled to judgment by default shall promptly apply for it following the date on which the defaulting party should have plead or otherwise defended. Motions for default judgment must be served by e-filing or ordinary mail upon all parties that have appeared or otherwise defended no less than ten (10) business days before counsel tenders a default judgment entry by e-filing to the court.
Civil cases
Page 1 | LOCAL RULE 55 – DEFAULT JUDGMENTS
Assigned counsel must file the Motion, Entry, and Certification for Appointed Counsel Fees and all applicable forms with the Finance Department within 30 days after final case disposition.
Assigned counsel shall file a request for fee and/or expense reimbursement (“Motion, Entry, and Certification for Appointed Counsel Fees” and all other applicable forms) with the Court’s Finance Department within thirty (30) days of the final disposition of the case.
Criminal cases
Page 4 | 77.09 Filing Requests for Reimbursement of Fees and Expenses
When a final pretrial conference is scheduled, the joint final pretrial statement must be filed no later than the conference's date and time.
The joint final pretrial statement shall be filed on or before the date and time of the final pretrial conference.
Civil cases
Page 2 | 16.04 Final Pretrial Conference Procedure
If no final pretrial conference is scheduled, the joint final pretrial statement must be filed no later than 14 days before trial.
If no final pretrial conference is scheduled, the joint statement shall be filed no later than 14 days before trial.
Civil cases
Page 2 | 16.04 Final Pretrial Conference Procedure
The notice of appeal, and a demand for the record if required, must be filed at week 0 of the administrative appeal schedule.
Filing Notice of Appeal (and demand for Record, if required) 0
Page 1 | Rule 59 - Administrative Appeals
If an extension is granted, the administrative record must be filed by week 8.
Filing of Record, if extension granted 8
Page 1 | Rule 59 - Administrative Appeals
The appellant's brief must be filed by week 10.
Filing of Appellant's Brief 10
Page 1 | Rule 59 - Administrative Appeals
The appellant's reply brief must be filed by week 13.
Filing of Appellant's Reply Brief and non-oral hearing date 13
Page 1 | Rule 59 - Administrative Appeals
The appellee's brief must be filed by week 12.
Filing of Appellee's Brief 12
Page 1 | Rule 59 - Administrative Appeals
If oral argument is allowed, it must occur by week 14.
Oral Argument, if allowed 14
Page 1 | Rule 59 - Administrative Appeals
Dispositive motions must be filed by week 6.
Dispositive Motions 6
Page 1 | Rule 59 - Administrative Appeals
The appeal is deemed submitted for a non-oral hearing on the reply-brief filing date.
The appeal shall be deemed submitted at a non- oral hearing on the date set for the filing of the Reply Brief.
Page 1 | Rule 59 - Administrative Appeals
The administrative record must be filed by week 4.
Filing of Record 4
Page 1 | Rule 59 - Administrative Appeals
Responses to civil or criminal motions and any reply memoranda must be filed under Civ. R. 6(C), unless a different period is set by case-specific order.
Unless a different period is set by order in a specific case, responses to a civil or criminal case motion, and any reply memoranda, shall be filed within the time periods set forth in Civ. R. 6(C).
Page 1 | RULE 21 – MOTIONS – 21.01 Briefs, Time and Hearings
Summary judgment motions must be filed by the dispositive motion deadline in the Case Schedule, and a later filing requires leave of court granted only for good cause.
Notwithstanding the provisions in Civ. R. 56(A) and 56(B) that a motion for summary judgment may not be made after the case has been set for pretrial or trial, such motions may be filed in this court no later than the dispositive motion deadline in the Case Schedule. Leave of court is required for a filing after that deadline, which shall be granted only for good cause.
Civil cases
Page 1 | RULE 56. SUMMARY JUDGMENT MOTIONS — 56.03 Deadline for Filing
After sentencing, the defendant must complete the asset-certification form and file it with the Prosecuting Attorney's office.
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.
Page 1 | Rule 85 - Certification of Assets
All dispositive motions must be filed no later than the date specified in the Case Schedule.
All dispositive motions shall be filed no later than the date specified in the Case Schedule.
Page 1 | Rule 53 - Dispositive Motions
In civil cases, summary judgment may be filed between the time of filing and the dispositive motion date, unless the Trial Judge sets a different date, and counsel must file it at the earliest practical date.
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.
Page 1 | Rule 53 - Dispositive Motions
When no filing deadline is fixed by law or another rule, a pleading or amended pleading must be filed by the 14th day after the entry requiring or granting leave, unless the entry specifies otherwise and the Trial Judge approves it.
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.
Page 1 | RULE 15 - RULE DAYS NOT FIXED BY LAW
An opposing party must move to or plead to filed pleadings or amended pleadings by the 14th day after they are filed.
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.
Page 1 | RULE 15 - RULE DAYS NOT FIXED BY LAW
Responses to civil or criminal motions and any reply memoranda must be filed within the periods in Civ. R. 6(C), unless a case-specific order sets a different period.
Unless a different period is set by order in a specific case, responses to a civil or criminal case motion, and any reply memoranda, shall be filed within the time periods set forth in Civ. R. 6(C).
Page 1 | 21.01 Briefs, Time and Hearings
A request to withdraw as counsel must be made no later than 15 days before trial.
The request must be made no later than 15 days before trial.
Page 1 | RULE 61 - GENERAL APPLICATION
The Notice of Counsel must be filed with the assignment office by the 270th day for a 24-month time-track case and by the 90th day for a 12-month time-track case.
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.
Page 1 | RULE 17 - OFFICIAL NOTIFICATION OF COUNSEL
Service and Proof of Service Rules
Every pleading, motion, brief, memorandum, or written argument filed with the Court or a judge must be served on all opposing counsel and all unrepresented parties.
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.
Page 1 | RULE 19 - CERTIFICATE OF SERVICE
The Probation Department must notify the ODRC of the disposition of each CQE Petition as required by the Ohio Administrative Code.
The Probation Department shall notify the ODRC of disposition of each CQE Petition as required under applicable provisions of the Ohio Administrative Code.
Page 4 | 98.12
The Clerk must notify each petitioner of the final decision and provide a copy of the Judgment Entry.
The Clerk shall provide notice to each petitioner of the court's final decision together with a copy of the Judgment Entry.
Page 4 | 98.12
Written or documentary evidence must be served on adverse parties or their counsel at least 14 days before the hearing unless counsel agrees otherwise; failure may support exclusion only when it unfairly surprises or prejudices the non-offering party.
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.
Page 7 | 103.11 Hearing: When and Where Held - Notice
The appellant must serve copies of the notice of appeal and affidavit on all parties or their counsel and on the Arbitration Clerk.
The appellant shall serve a copy of the notice of appeal and affidavit upon all parties or their counsel and the Arbitration Clerk.
Page 8 | 103.14 Appeals, (1)(a) Notice of Appeal and Costs
Copies of the Report and Award must be mailed or otherwise forwarded to all parties or counsel on the same day it is filed.
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.
Page 8 | 103.12 Report and Award (04-26-00)
Copies of filed exceptions must be served on each arbitrator within three days after filing and then assigned for hearing.
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.
Page 9 | D. Exceptions and Reasons Therefor
Default-judgment motions must be served by e-filing or ordinary mail on all parties who have appeared or defended at least ten business days before the default-judgment entry is e-filed.
55.02. A party entitled to judgment by default shall promptly apply for it following the date on which the defaulting party should have plead or otherwise defended. Motions for default judgment must be served by e-filing or ordinary mail upon all parties that have appeared or otherwise defended no less than ten (10) business days before counsel tenders a default judgment entry by e-filing to the court.
Civil cases
Page 1 | LOCAL RULE 55 – DEFAULT JUDGMENTS
The Clerk must provide written notice to the Prosecuting Attorney when a post-conviction petition is filed.
Upon the filing of a petition the Clerk shall issue written notice to the Prosecuting Attorney.
Page 1 | RULE 89 - POST CONVICTION PETITIONS
Judgment entries must be prepared by the clerk’s office, signed by the court, and served by regular mail on the defendant and the surety or other bond responsible parties.
Judgment entries referred to in this rule shall be prepared by the clerk’s office, signed by the Court and served by regular mail upon both the defendant at his last known address and upon the surety and/or other persons responsible on the bond.
Criminal cases
Page 1 | A. Forfeiture of Bail; Hearing; Remittance Procedures
The Court must notify the surety in writing by regular mail within five (5) business days of revocation; until full payment, the surety may not execute bonds before the Court.
The Court shall notify the surety in writing, by regular mail, within five (5) business days of the revocation, after which the revocation becomes effective. Until payment is made in full, the surety will no longer be permitted to execute bonds before this Court.
Criminal cases
Page 4 | C. Failure of Surety to Pay Obligation to Court
Every application must be served on the County Prosecutor.
All Applications must be served upon the County Prosecutor.
Criminal cases
Page 5 | A. Forfeiture of Bail; Hearing; Remittance Procedures
Notice of the time and place of an urgent equitable-relief hearing must be served on the adverse party or the party's counsel.
Notice of the time and place of the hearing shall be served upon the adverse party or their counsel.
Page 1 | RULE 21 – MOTIONS – 21.02 Temporary Restraining Order, Preliminary Injunction and Appointment of Receivers
Interrogatories, requests for production or inspection, and requests for admissions must be served under the corresponding Civil Rules but should not be filed with the court.
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.
Page 1 | RULE 21 – MOTIONS – 21.04 Interrogatories, Requests for Production or Inspection and Requests for Admissions
The redeeming party must serve the motion to dismiss on all counsel of record and pro se parties.
the redeeming party shall file with the court, and serve upon all counsel of record and/or pros se parties, a motion to dismiss
Page 1 | RULE 92 – COMPLIANCE (06-03-05)
The prosecutor must serve the evidence referred to in paragraph (1) above on the treasurer.
The prosecutor shall serve evidence referred to in paragraph (1) above upon the treasurer
Page 1 | RULE 92 – COMPLIANCE (06-03-05)
Notice of the hearing's time and place must be served on the adverse party or the party's counsel.
Notice of the time and place of the hearing shall be served upon the adverse party or their counsel.
Page 1 | 21.02 Temporary Restraining Order, Preliminary Injunction and Appointment of Receivers
Interrogatories, requests for production or inspection, and requests for admissions must be served on other counsel or parties under the applicable civil rules and must not be filed with the Court.
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.
Page 1 | 21.04 Interrogatories, Requests for Production or Inspection and Requests for Admissions
Non-delivery of mail notification does not excuse counsel’s non-appearance when notice was also published in the Case Schedule or Daily Reporter.
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.
Page 1 | RULE 17 - OFFICIAL NOTIFICATION OF COUNSEL
The Clerk must serve the Case Schedule on each defendant together with copies of the pleading and summons.
The Clerk shall serve a copy of the Case Schedule on the defendant(s) along with copies of the pleading and summons.
Civil cases
Page 1 | 39.01 Original Case Schedule
Counsel or parties using the Waiver of Service procedure must deliver the Original Case Schedule with the other documents required by Civil Rule 4.7(A)(3).
Counsel or parties using Wavier of Service procedure shall deliver a copy of the Original Case Schedule along with the other documents identified in Civ. R. 4.7(A)(3).
Civil cases
Page 1 | 39.01 Original Case Schedule
The Clerk must serve the Original Case Schedule on each defendant together with the pleading and summons.
The Clerk shall serve a copy of the Original Case Schedule on the defendant(s) along with copies of the pleading and summons.
Civil cases
Page 1 | 39.01 Original Case Schedule
A party bringing in an additional party is responsible for serving the new party with the current Case Schedule.
A party joining an additional party shall be responsible for also serving the new party with the current Case Schedule.
Civil cases
Page 1 | 39.02 Additional Parties Following Joinder
For a trial assignment date change initiated by the trial judge, the Court must mail the Amended Case Schedule to all parties.
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".
Page 1 | RULE 45 - CHANGE OF THE TRIAL ASSIGNMENT DATE - 45.03. Amended Case Schedule
Copies of a party-requested Entry Modifying Trial Assignment Date must be served on all counsel, any unrepresented party, and the Assignment Commissioner.
with copies served upon all counsel, any party not represented by counsel, and the Assignment Commissioner.
Page 1 | RULE 45 - CHANGE OF THE TRIAL ASSIGNMENT DATE - 45.02. Notice of Change of Trial Assignment Date
Copies of the Amended Case Schedule must be served on all counsel, unrepresented parties, and the Assignment Commissioner.
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.
Page 1 | RULE 45 - CHANGE OF THE TRIAL ASSIGNMENT DATE - 45.03. Amended Case Schedule
A court-initiated Entry Modifying Trial Assignment Date must be mailed to all parties within five days.
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.
Page 1 | RULE 45 - CHANGE OF THE TRIAL ASSIGNMENT DATE - 45.02. Notice of Change of Trial Assignment Date
A copy of the motion to modify the trial assignment date must be served on all counsel and any unrepresented party in every case.
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.
Page 1 | RULE 45 - CHANGE OF THE TRIAL ASSIGNMENT DATE - 45.01. Modification
In real property foreclosure cases, the Franklin County Treasurer must be served with summons but ordinarily need not move or plead to preserve the statutory lien claim, even if the Treasurer is not named as a party.
The Treasurer shall be served with summons but thereafter need not move or plead to the complaint in order to preserve the statutory right to claim unpaid taxes, penalties, or other relief as the first and best lien (hereinafter collectively called “Taxes”). This Local Rule applies to all real property foreclosure actions filed in this court even if the Treasurer is not named as a party.
Page 2 | 11.07 (A) Foreclosure Cases
The party making service of an entered order must file proof of service.
Proof of service must be filed by the party making service.
Civil cases
Page 2 | 66.03 HEARINGS AND REQUESTS FOR PROCEDURAL ORDERS
Unless the court has already served an entered order through the e-filing system, the party that submitted or approved the proposed order must serve it on the receiver or receiver's counsel and on all parties who have appeared or are still being served.
Unless it is clear that service has already been made by the court using the e-filing system, the party who submitted or approved a proposed order entered by the court is responsible for serving it upon the receiver or receiver’s counsel and upon all parties who have appeared, or for whom service of process remains underway.
Civil cases
Page 2 | 66.03 HEARINGS AND REQUESTS FOR PROCEDURAL ORDERS
Each receivership plan and report must be filed with the clerk and served on every party who has appeared or for whom service remains pending.
(D) Copies of each receiver’s plan and report shall be filed with the Clerk, with service upon all parties who have made an appearance or for whom service remains pending.
Civil cases
Page 4 | 66.06 RECEIVERSHIP PLAN AND PROGRESS REPORTS
Unless the court orders otherwise, the receiver must serve notice of the intent and proposed terms for selling or leasing all receivership property on every party and every person known to have an interest in the property.
Unless otherwise ordered, a receiver shall serve notice of the receiver’s intent to sell or lease receivership property and the terms of such proposed sale or lease for all property. Notice shall be given to all parties in the action and all persons known to have an interest in the property to be sold or leased.
Civil cases
Page 7 | 66.10 DISPOSITION OF PROPERTY (A)(1)
The filer must provide written notice of each fee application to every party that has appeared.
Fee applications shall be made in writing, with notice to all parties that have appeared.
Civil cases
Page 8 | 66.11 PAYMENT OF RECEIVER AND PROFESSIONAL FEES (A)
The written status-conference order must be served on all counsel.
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.
Page 2 | RULE 41 - INITIAL STATUS CONFERENCE AND FINAL PRETRIAL
A final written pretrial order may be prepared by the Trial Judge and must be prepared at any party’s request, filed, and served on all counsel.
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.
Page 3 | 41.05. Final Pretrial Order
All responses to discovery must be served before the discovery cut-off date.
The parties agree to schedule their discovery in such a way as to require all responses to discovery to be served prior to the cut-off date
Civil cases
Page 2 | 6. Discovery Procedures
Filing Fees and Waivers
Every petitioner must deposit at filing a uniform, non-refundable fee in the amount set by the Clerk and approved by the Administrative Judge.
Every petitioner must deposit a uniform, non-refundable filing fee with the Clerk at the time of filing in an amount to be set by the Clerk and approved by the Administrative Judge.
Page 1 | CERTIFICATES OF QUALIFICATION FOR EMPLOYMENT — LOCAL RULE 98
The filing-fee deposit must be paid before the court is required to take any action on the CQE Petition.
The deposit must be made before any action is required on a Petition.
Page 1 | CERTIFICATES OF QUALIFICATION FOR EMPLOYMENT — LOCAL RULE 98
The appellant must pay the sum specified in subsection (1)(b) to the Clerk of Courts.
The appellant shall pay to the Clerk of Courts the sum mentioned in (1)(b) below.
Page 8 | 103.14 Appeals, (1)(a) Notice of Appeal and Costs
The appellant must deposit a $150 appeal fee with the Clerk of Courts; the payment is not taxable as costs or recoverable by the appellant.
Further, the appellant shall pay to Franklin County, Ohio, by depositing with the Clerk of Courts, One Hundred Fifty Dollars ($150.00). The sum so paid shall not be taxed as costs in the case and shall not be recoverable by the appellant in any proceeding.
Page 9 | Payment of Appeal Fees
The party filing an appeal must reimburse the county for all arbitrator fees paid in the case.
(b) (04-26-00) Payment of Appeal Fees. The party filing the appeal shall reimburse the county for all fees paid to the arbitrator or arbitrators in the case.
Page 9 | Payment of Appeal Fees
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, as security for costs, the amount set forth in Rule 9.08, schedule of security deposits and filing fees, or such higher amount as is ordered by the trial judge.
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, as security for costs, the amount set forth in Rule 9.08, schedule of security deposits and filing fees, or such higher amount as is ordered by the trial judge.
Page 1 | RULE 9 – COSTS, 9.01
A non-inmate civil plaintiff claiming inability to pay costs must file a sworn Ohio Civil Rule Form 20 affidavit of indigency with the Clerk.
If the party initiating the civil action is not an inmate and believes that they are unable to pay the costs, an affidavit of indigency shall be completed, signed under oath, and filed with the Clerk using the current version of Ohio Civ. R. Form 20, pursuant to R.C. 2323.311.
Page 1 | RULE 9 – COSTS, 9.02(B)
A complete affidavit of indigency allows the Clerk to accept the complaint for filing without costs.
If the affidavit set forth in Rule 9.02 (B) is complete, the Clerk shall accept the complaint for filing without costs.
Page 1 | RULE 9 – COSTS, 9.02(C)
A transferred counterclaim or cross-claim exceeding Municipal Court jurisdiction requires security for costs equal to the amount required for an original filing in Common Pleas Court.
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 had originally been filed in this Court.
Page 1 | RULE 9 – COSTS, 9.04
Prior unpaid court costs ordinarily must be paid before filing a later civil action, but the trial judge may waive or defer them upon a showing of indigency.
If a party owes costs to the Court from a prior action, all such costs must ordinarily be paid before the Clerk of Courts may accept for filing any subsequent civil actions. This obligation may be waived or deferred by the trial judge upon a showing of indigency under Rule 9.02(A) or (B).
Page 1 | RULE 9 – COSTS, 9.02(E)
A praecipe for an order of sale requires the Rule 9.08 security deposit.
When filing a praecipe for an order of sale with the Clerk of Courts, a security deposit in the amount as set forth in Rule 9.08 shall be deposited with the Clerk.
Page 1 | RULE 9 – COSTS, 9.03
The fee for an order-in-aid proceeding involving garnishment of personal earnings is $35.00.
Order in Aid Proceeding (Garnishment of Personal Earnings)
Page 2 | 9.08(A), EXECUTIONS
The filing fee for an administrative appeal in Category F is $100.00.
Administrative Appeals - Filing Category F
Page 2 | 9.08(A), CIVIL ACTIONS
Failure to make the jury-demand deposit by the applicable deadline waives jury trial unless the court permits a late deposit for good cause.
Failure to make the jury demand deposit within the time allotted shall constitute a final waiver of a jury trial unless the Court for good cause permits a late-filed deposit.
Page 2 | RULE 9 – COSTS, 9.07(A)
The filing fee for a praecipe for a writ of execution in Category EX is $103.00.
Praecipe for a Writ of Execution – Filing Category EX
Page 2 | 9.08(A), EXECUTIONS
The fee for a release or partial release of a certificate of judgment is $5.00.
Release or Partial Release of Certificate of Judgment
Page 2 | 9.08(A), CERTIFICATES OF JUDGMENT
The filing fee for a certificate of judgment from a Franklin County Common Pleas Court judgment in Category JG2 is $51.00.
Filing of Certificate of Judgment from a Franklin County Common Pleas Court Judgment – Filing Categories JG2
Page 2 | 9.08(A), CERTIFICATES OF JUDGMENT
The fee for order-in-aid proceedings involving a judgment-debtor examination is $25.00.
Order in Aid Proceedings (Judgment Debtor Exam)
Page 2 | 9.08(A), EXECUTIONS
The filing fee for a transferred certificate of judgment from a U.S. District Court or Ohio Court of Record in Category JG1 is $46.00.
Certificate of Judgment Transferred to Franklin County Common Pleas Court from a U.S. District Court or an Ohio Court of Record – Filing Categories JG1
Page 2 | 9.08(A), CERTIFICATES OF JUDGMENT
The fee for order-in-aid proceedings concerning property other than personal earnings is $25.00.
Order in Aid Proceedings (Property other than Personal Earnings)
Page 2 | 9.08(A), EXECUTIONS
An additional $1.00 fee applies per bank address for the specified order-in-aid proceeding.
Plus Per Bank Address
Page 2 | 9.08(A), EXECUTIONS
The filing fee for a confession of judgment in Category H1 is $100.00.
Confession of Judgment (Cognovit) – Filing Category H1
Page 2 | 9.08(A), CIVIL ACTIONS
The fee for domesticating a foreign judgment, including service, in Category JG2 is $51.00.
Domesticating a Foreign Judgment (Includes Service) – Filing Categories JG2
Page 2 | 9.08(A), CERTIFICATES OF JUDGMENT
The filing fee for civil complaints in Categories A, B, C, D, H, and H3 is $225.00.
Civil Complaints - Filing Categories A,B,C,D, H and H3
Page 2 | 9.08(A), CIVIL ACTIONS
The filing fee for a third-party complaint with service upon each new party defendant is $25.00.
Third Party Complaint with service upon each new party defendant
Page 2 | 9.08(A), CIVIL ACTIONS
The fee for preparing a certificate of judgment for transfer is $7.00.
Preparation of a Certificate of Judgment for Transfer
Page 2 | 9.08(A), CERTIFICATES OF JUDGMENT
The filing fee for a foreclosure civil case complaint in Category E is $300.00.
Civil Case Complaint (Foreclosure) - Filing Category E
Page 2 | 9.08(A), CIVIL ACTIONS
A subpoena served by a sheriff requires a $10.00 fee.
Subpoena - Service by a Sheriff $ 10.00
Page 3 | MISCELLANEOUS
A Certificate of Qualification for Employment requires a $50.00 fee.
Certificates of Qualification for Employment $ 50.00
Page 3 | MISCELLANEOUS
A certified copy requires a $1.00 fee.
Certified Copy $ 1.00
Page 3 | NON-JUDICIAL RELATED FUNCTIONS
A miscellaneous case involving a non-adversarial issue in Filing Categories MS requires a $45.00 fee.
Miscellaneous Case (Non-Adversarial Issue) - Filing Categories MS $ 45.00
Page 3 | MISCELLANEOUS
A praecipe for an order of sale, alias, pluries, or partition requires a $600.00 fee per parcel.
Praecipe for Order of Sale, Alias, Pluries and in Partition (per parcel) $600.00
Page 3 | MISCELLANEOUS
A de novo appeal requires a $150.00 fee.
Appeal de novo $150.00
Page 3 | MISCELLANEOUS
A praecipe for a writ of restitution requires a $44.00 fee.
Praecipe for a Writ of Restitution $ 44.00
Page 3 | MISCELLANEOUS
A lis pendens action in Filing Category LP requires a $5.00 filing fee.
Lis Pendens Action - Filing Category LP $ 5.00
Page 3 | MISCELLANEOUS
Arbitration under Local Rule 103.04C requires a total fee of $350.00, consisting of $175.00 from each party.
Arbitration-Local Rule 103.04C ($175.00 Each party) $350.00
Page 3 | MISCELLANEOUS
Courtesy Copy Requirements
A duplicate of the receivership plan and report must be submitted to chambers.
A duplicate copy shall be submitted to chambers, together with a proposed entry approving the plan and report.
Civil cases
Page 4 | 66.06 RECEIVERSHIP PLAN AND PROGRESS REPORTS
Sealing & Redaction Procedures
The Clerk must redact personal identifying information, including exact birth dates and Social Security numbers, before CQE materials are placed in the court's public records.
All personal identifying information such as exact birth dates and social security numbers shall be redacted from materials by the Clerk before they are filed in the public records of this court, pursuant to the Ohio Rules of Superintendence.
Page 2 | CERTIFICATES OF QUALIFICATION FOR EMPLOYMENT — LOCAL RULE 98
A courthouse or courtroom body-worn-camera recording may not be released externally without advance review by the Administrative Judge or designee, and any recording containing confidential, exempt, or privileged material requires that official's consent for release.
A recording made in the courthouse, or a courtroom, shall not be released to anyone outside the Court and the law enforcement agency unless the recording has been provided to the Administrative Judge, or his/her designee, in advance and with sufficient time to determine if there is confidential or exempt material contained within the recording. If the camera records and stores any portion of a Local Rule 101 Page 3 of 4 ===== PAGE 4 ===== court proceeding, confidential, exempt, or privileged material may not be released without Administrative Judge or designee consent.
Page 3 | 101.04 Body-Worn Cameras, C. Release of Recording, Public Records Request.
Filings referencing trade secrets or privileged communications may be redacted for the public record, but a complete unredacted copy must be submitted to the court for in camera review; the court may later authorize disclosure.
If a receiver’s report, motion, fee application, or other filing refers to trade secrets (such as a plan for operating an ongoing business, proposed sale prices, customer information, personnel matters, or other non-public information) or would necessarily reference attorney-client or work-product communications, then redacted documents ===== PAGE 10 ===== may be filed in the public record and served upon all parties that have appeared. When that occurs, a complete un-redacted document shall be submitted to the court for in camera review. Upon application by the receiver or any party, the court will re- examine the document and determine whether previously redacted information should be disclosed in the public case file or for attorney-eyes only.
Civil cases
Page 9 | 66.13 TRADE SECRET OR PRIVILEGED INFORMATION
The record custodian must make additional redactions before releasing a recording whenever directed to do so by the Administrative Judge or designee.
The custodian of the record shall, upon direction of the Administrative Judge or designee, execute further redactions prior to the release of the recording.
Page 4 | 101.04 Body-Worn Cameras, C. Release of Recording, Public Records Request.
For interim billing while a criminal case remains open, counsel must submit redacted records or seek an in-camera order keeping the billing materials sealed until the case is completed.
If necessary for interim billing while a case remains open, counsel shall submit redacted records, or tender an order to the assigned judge in camera that the billing materials be kept under seal at the court until completion of the case.
Criminal cases
Page 3 | 77.02 Indigency Status; Appointment of Investigators and Experts
Filing Bundling Requirements
Permitted evidentiary material supporting or opposing summary judgment must be filed with the original motion or responsive memorandum.
All affidavits, depositions, and other evidentiary material permitted by Civ. R. 56 in support of or in opposition to a motion for summary judgment shall be filed with the original motion or the responsive memorandum.
Civil cases
Page 1 | RULE 56. SUMMARY JUDGMENT MOTIONS — 56.01 Filing Evidentiary Materials in Support of Motion
Evidentiary material may not be filed with a reply memorandum or at oral argument without prior leave of court.
Such material may not be filed with a reply memorandum or at oral argument absent prior leave of court.
Civil cases
Page 1 | RULE 56. SUMMARY JUDGMENT MOTIONS — 56.01 Filing Evidentiary Materials in Support of Motion
Pre-Motion Conference Requirements
A party may request an advance hearing to consider a motion; otherwise, the motion will be considered on the trial date.
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.
Page 1 | RULE 75 - MOTIONS
Adjournment & Extension Requirements
The assigned judge may extend the 14-day objection deadline only on a written application supported by an affidavit showing practical impossibility of timely compliance.
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 assigned judge only upon written application supported by an affidavit stating facts indicating a practical impossibility of compliance.
Page 2 | 99.05 Objections to Magistrate's Order or Decision
The hearing cannot proceed without the assigned chairperson unless a conflict-free substitute is found; if none is found, it must be continued to a mutually agreeable date and time.
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.
Page 5 | 103.10 Continuance of Hearing, Inability of Hearing to Proceed
A case may be continued no more than twice without a Continuance Entry and approval from the trial judge.
In no event shall a case be continued more than twice without a Continuance Entry and the approval of the trial judge.
Page 5 | 103.10 Continuance of Hearing, Inability of Hearing to Proceed
A trial or hearing may not be rescheduled or continued solely because out-of-state counsel is unavailable or inconvenienced.
91.02 Scheduling for, or continuance of any trial or hearing date shall not be permitted solely because of the unavailability of or inconvenience to out-of-state counsel.
Page 1 | RULE 91 (8-17-11) - ADMISSION OF OUT-OF-STATE ATTORNEYS
A party seeking an additional extension beyond Loc. R. 13.01, or unable to obtain agreement, must file and serve a motion and affidavit by the existing deadline; the affidavit must show practical impossibility and good cause, the matter must be heard at a time set by the Trial Judge, and the papers remain required even with opposing counsel's consent if the extension exceeds Loc. R. 13.01.
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.
Page 1 | Rule 13 - Rule Day Extensions
A motion for continuance of a trial must be in writing unless the Trial Judge waives that requirement.
Any motion for continuance of a trial must be in writing unless such is waived by the Trial Judge.
Page 1 | RULE 79 - CONTINUANCES
An entry continuing a case must be signed by the Prosecutor and defense counsel and must state specific reasons for the continuance.
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.
Page 1 | RULE 79 - CONTINUANCES
After a continuance is granted, the requesting party must cause the continuance entry to be prepared and timely filed.
Upon a continuance being granted, the party requesting the continuance shall cause the entry to be prepared and timely filed.
Page 1 | RULE 79 - CONTINUANCES
An order granting a continuance must state the new trial date.
Any order granting a continuance shall contain the date to which trial is continued.
Page 1 | RULE 79 - CONTINUANCES
When a continuance is granted to an incarcerated defendant who has waived speedy-trial rights, the defendant's signature must be obtained.
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.
Page 1 | RULE 79 - CONTINUANCES
A missing witness for motion consideration does not justify continuing the criminal trial.
The absence of a witness regarding consideration of a motion will not be cause for continuance of the trial.
Page 1 | RULE 75 - MOTIONS
The requesting party must reschedule the hearing within 45 days, obtain a mutually agreeable date and time, and provide written notice to the Arbitration Clerk, arbitrators, and parties.
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.
Page 5 | 103.10 Continuance of Hearing, Inability of Hearing to Proceed
The chairperson may continue an arbitration hearing only if a party demonstrates extraordinary reasons.
A. The chairperson may continue a hearing date only upon a showing by a party or parties of extraordinary reasons.
Page 5 | 103.10 Continuance of Hearing, Inability of Hearing to Proceed
At any party's request, an arbitration hearing must be continued when a motion objecting to arbitration referral remains undecided.
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.
Page 6 | 103.10 Continuance of Hearing, Inability of Hearing to Proceed
The Trial Judge may extend the administrative appeal schedule upon a party's written motion showing good cause or sua sponte.
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.
Page 1 | Rule 59 - Administrative Appeals
By agreement of counsel, a party may receive up to two leaves to move or plead, provided the total extension does not exceed 28 days; the signed Consent to Plead must be filed with the Clerk and need not be submitted to the Court for approval.
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.
Page 1 | Rule 13 - Rule Day Extensions
A reasonable continuance may be granted to the prosecutor to obtain the required information from the issuing jurisdiction before the extra-jurisdictional defendant’s arraignment.
A reasonable continuance may be granted to the prosecutor for such purpose.
Page 1 | RULE 71 (10-18-02) - Criminal Arraignments and Assignments
Chambers Communication Rules
For good cause, the receiver or any appearing party may request an emergency hearing by contacting the court.
For good cause, the receiver or any party that has appeared may request an emergency hearing by contacting the court.
Civil cases
Page 2 | 66.03 HEARINGS AND REQUESTS FOR PROCEDURAL ORDERS
The case management or pretrial conference is set upon request to chambers, subject to judicial preference at week 16 for Case Types C and D.
Case Management/Pretrial Conference with Court Judicial Preference (16)/ Set upon request to chambers
Page 1 | ORIGINAL CASE SCHEDULE — C (Personal Injury) and D (B.W.C. Appeal)
The final pretrial conference is set upon request to chambers, subject to judicial preference at week 50 for Case Types C and D.
Final Pretrial Conference Judicial Preference (50)/ Set upon request to chambers
Page 1 | ORIGINAL CASE SCHEDULE — C (Personal Injury) and D (B.W.C. Appeal)
The case management conference is set upon request to chambers, subject to judicial preference at week 21 for Case Types A and B.
Case Management Conference with Court Judicial Preference (21)/ Set upon request to chambers
Page 2 | ORIGINAL CASE SCHEDULE — A (Professional Tort) and B (Product Liability)
The final pretrial conference is set upon request to chambers, subject to judicial preference at week 100 for Case Types A and B.
Final Pretrial Conference Judicial Preference (100)/ Set upon request to chambers
Page 2 | ORIGINAL CASE SCHEDULE — A (Professional Tort) and B (Product Liability)