Greene County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The court may reduce or extend the stated motion-service periods on a party’s motion for good cause.
- When defense counsel requests that a previously scheduled criminal proceeding be reset or rescheduled, the defendant is deemed to have consented to the new date and waived speedy-trial requirements through that date, and the court’s scheduling entry will record the waiver.
- A trial continuance motion must be in writing and state the reason for the requested continuance.
- +4 more
Request must include
Page & Word Limits6 rules
No memorandum in support of a motion shall exceed fifteen (15) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any, except by prior leave of the Court.
- Page limit
- Up to 15 pages
Excluded from page count
- •Table of contents
- •Table of authorities
- •Appendices
Exception
More pages with leave of court
No memorandum in opposition shall exceed fifteen (15) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any, except by prior leave of the Court.
- Opposition
- Up to 15 pages
Excluded from page count
- •Table of contents
- •Table of authorities
- •Appendices
Exception
More pages with leave of court
Except upon prior leave of the Court, no reply memorandum shall exceed ten (10) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any.
- Page limit
- Up to 10 pages
Excluded from page count
- •Table of contents
- •Table of authorities
- •Appendices
Subject to contrary judicial, statutory, or superintendence rules, an initial appellant or cross-appellant brief may not exceed 25 pages, excluding the specified preliminary and appendix materials, without prior leave of court.
- Initial brief
- Up to 25 pages
Excluded from page count
- •Table of contents
- •Table of authorities
- •Appendices
Exception
More pages with leave of court
Court's wording
Unless otherwise ordered by the assigned Judge, or set by the governing statute or the Ohio Rules of Superintendence, all briefs shall be filed as follows: A. The appellant shall file an initial brief including any and all claims of error, memorandum, and all other essential papers within 40 days after the notice of appeal has been filed or the filing of the transcript, whichever is later. No initial brief of appellant or cross-appellant shall exceed twenty-five (25) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any, except by prior leave of the Court. Failure to file a memorandum and assignment of errors within the requisite period of time may result in dismissal of the appeal. B. Counsel for the appellee shall file an answer brief, if any, within 30 days after service of appellant’s memorandum. No answer brief of appellee or cross-appellee shall exceed twenty-five (25) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any, except by prior leave of the Court. C. Appellants may file reply brief within 14 days after appellee’s memoranda have been served. Except upon prior leave of the Court, no reply brief shall exceed ten (10) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any. Reply briefs shall be restricted to matters in rebuttal of the answer brief.
No memorandum may exceed fifteen (15) pages without prior Court authorization.
- Memorandum
- Up to 15 pages
No written motion shall be longer than fifteen (15) pages without prior Court authorization.
- Written motion
- Up to 15 pages
Document Format Requirements12 rules
Filings must reserve at least 2.5 inches at the top of the first page for endorsements, use one-inch margins otherwise, and use 12-point font; noncompliant documents are rejected.
- Font size
- 12 points
- Margins
- Top 2.5 inches; Bottom 1 inch; Left 1 inch; Right 1 inch
- Paper size
- Letter
- All filings
Formatting
- •All other margins one inch
- •Documents that do not comply must be rejected by the Clerk
Court's wording
In all filings, a blank space of at least two and one-half (2 1/2) inches shall be left at the top of the first page for endorsements thereon. All other margins shall be one inch in size and all documents shall be written in 12-point font. Documents that do not comply with these requirements shall be rejected by the Clerk.
All pleadings, motions, briefs and other similar documents that are filed with the Clerk shall be typewritten or printed on 8-1/2" x 11" paper, single-sided, paginated sequentially and filed without backing or cover.
- Paper size
- Letter
- Pleading
- Motion
- Brief
- Similar document
Formatting
- •Single-sided
- •Paginated sequentially
- •Filed without backing or cover
A blank space of four (4) inches shall be left at the top of the first page for filings intended for the Second District Court of Appeals.
- Margins
- Top 4 inches
- Paper size
- Letter
- Filings intended for second district court of appeals
A document containing a third party’s signature must be electronically submitted as a hand-signed, scanned PDF.
- File type
Formatting
- •Must be hand-signed and scanned before electronic submission
Court's wording
D. Third-party signatures. A document containing the signature of a third party who is not a party to the action (e.g., affidavit signed by a doctor, military affidavit signed by a staff member or company representative, etc.), shall be electronically submitted only as a hand-signed, scanned in PDF document.
A. All electronically filed pleadings and documents shall be typewritten or computer generated in PDF form, have a font size of no less than 11 and no more than 12, shall be paginated sequentially, and shall not exceed 20 MB in size. Pleadings or documents exceeding 20 MB shall be split into multiple documents of less than 20 MB each.
- File type
- Font size
- At least 11 points
Formatting
- •Typewritten or computer generated
- •Sequential pagination
- •Must not exceed 20 MB
For conflicting trial assignments, the first-assigned case has priority, criminal cases have priority over civil cases, and the motion must attach a copy of the trial assignment to be considered.
Court's wording
When a continuance is requested for the reason that the attorney is scheduled to appear in another case assigned for trial on the same date, the case that was first assigned shall have priority. However, criminal cases assigned for trial shall have priority over civil cases assigned for trial. A copy of the trial assignment must be attached to the motion in order for the motion to be considered.
A blank space of 4 inches shall be left at the top of the first page for filings intended for the Second District Court of Appeals.
In all filings, a blank space of at least 2 ½ inches shall be left at the top of the first page for endorsements thereon.
1. Prior to trial, ensure that the videotape, DVD, or other media form is compatible with the Court’s equipment or be responsible to employ presentation technology of the party’s own choosing.
2. Be familiar with how to operate the Court’s equipment.
All memoranda must be submitted in double-spaced format. Any brief that fails to comply with this rule may be returned by the Clerk for reformation.
- Line spacing
- Double
Original documents attached or offered as exhibits thereto are exempt from this requirement.
Document Filing Requirements99 rules
A fax cover page or email body must include specified case, document, transmission, and page information, and filings lacking that information will not be accepted as filed.
Court's wording
The cover page of the facsimile transmission or the body of the email message shall include the following information: the caption of the case, the case number, the assigned judge and/or magistrate, a description of the document being filed, the date of transmission, the transmitting fax number, and an indication of the number of pages included in the transmission, including the cover page, if applicable. Documents transmitted without such information shall not be accepted as filed.
Electronically filed pleadings and documents must include the required signature and signer’s email address, and electronic signatures must use the specified format.
Court's wording
A. Any pleadings/documents that are e-filed must contain signatures as required by Ohio law or rules of court and the signer’s e-mail address. Signatures may be electronic. Electronic signatures shall have the following format: /s/ Attorney Name Attorney Name, Registration Number Email address
VI. Motion for specific relief. If a party is seeking specific relief prior to final judgment in a case, that relief shall be requested in a separate pleading (e.g., a motion) that clearly designates the requested relief. Proposed judgment entries or orders shall be e-filed with all motions for specific relief.
- Document
- Motion for specific relief
Must include
- •Proposed order
A document requiring multiple signatures must include the submitting party’s signature, an affirmation of agreement by all required signers, and identification of the other signatories’ written authorizations.
Court's wording
C. Multiple signatures: When a stipulation or other document requires two or more signatures: ===== PAGE 18 ===== 1. The submitting party shall sign the stipulation or document as follows: “/s/ John Smith.” 2. The submitting party or attorney shall then include an affirmation that the contents of the document are acceptable to all persons required to sign the document. The submitted shall indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line. 3. The submitting party or attorney shall then submit the document electronically, identifying all of the other signatories as follows: “/s/ Jane Doe, per written authorization, by John Smith,” etc.
Each document must contain the case caption, case number, description of the
- Document
- Electronically filed document
Must include
- •Caption
- •Case number
Any time that an action is commenced by e-filing, or a third-party complaint or any other type of pleading requiring service is filed in an open case, a request for service and instruction for service shall also be filed with the pleading. The complaint, third- party complaint or other pleading shall contain the names and addresses of all parties to be served.
Proposed orders and entries must reference the specific motion, be filed in Microsoft Word, and contain no mail merge fields or embedded macros.
Court's wording
Proposed orders and entries (or other documents requiring a judge or magistrate’s signature) shall reference the specific motion to which they apply, shall be filed in Microsoft Word, and shall not contain any mail merge fields or macros embedded in the document.
Parties filing pleadings or documents electronically must still comply with any applicable Rules of Practice and Procedure for Ohio Courts (e.g., certificate of service, notice, etc.) in addition to the local rules of this court.
- Document
- Electronic filing
Must include
- •Certificate of service
Every transcript filed in this Court shall contain the name, business address and business telephone number of the court reporter making the same.
In such cases, the filing of a notice of substitution is required. A notice of appearance filed by substitute counsel alone is insufficient to complete the substitution process and will be considered notice of entry of appearance as co-counsel in the case.
All counsel of record and each unrepresented party must use the appropriate 26(F) form (Exhibit D) which is available through the Magistrate’s Office and on the Court’s website.
Counsel shall provide the Court with a proposed entry granting the motion for continuance of the trial date and resetting the trial date when all counsel are available. The Court will not grant a continuance without rescheduling the trial.
RULE 26(F)(3) DISCOVERY PLAN _______________________________ (to be filed not later than seven (7) days prior to scheduling conference and within 14 days after the discovery Defendants(s) conference is held)
II. The Clerk shall not accept a civil action unless said civil action is accompanied by a completed Civil Case Information Form provided by the Clerk of Court.
The Clerk shall refuse to accept a civil action or proceeding and the poverty affidavit until the party offering same completes and files a sworn Affidavit of Income, Expenses and Financial Disclosure for the Clerk’s review and determination of sufficiency.
A completed Civil Case Information Form shall be filed with all initial pleadings.
The caption of all initial pleadings shall contain the information required by Rule 10(A) of the Ohio Rules of Civil Procedure.
- Document
- Initial pleadings
Must include
- •Caption
Every moving party must file and serve a brief memorandum stating the grounds, requested relief, and supporting authorities with particularity.
Court's wording
All moving parties shall file and serve their motions with the following: 1. A brief written memorandum which shall: a. State with particularity the grounds in support of the motion; b. Set forth the relief or order sought; and c. Specify the citations of the authorities upon which the motion is based.
Authenticated copies of all photographs or documentary evidence that will be used in support of the motion if the motion requires the consideration of facts that do not appear in the record.
All parties opposing motions shall file and serve a memorandum in opposition to the motion that has been filed and served against them.
Application for leave to file a longer memorandum in opposition shall be by motion specifying the unusual circumstances which necessitate the filing of a memorandum in opposition that exceeds the limits imposed by this rule.
7. A list of exhibits counsel intends to offer into evidence marked as follows:
Include
- •Exhibit list
The Court shall review and discuss with counsel their previously filed pretrial statements which must contain the following information:
At the pretrial conference, trial counsel shall be prepared to discuss all phases of their case, shall bring with them the originals or copies of exhibits proposed to be offered at trial, and be prepared to resolve all preliminary questions of evidence pursuant to Rule 104 of the Ohio Rules of Evidence.
10. Proposed jury instructions (hard copy and disc).
Such a notice shall take the form of a Notice of Remand, to be filed with the Clerk of this Court within ten (10) days after the appellate decision is issued and accompanied by a copy of that decision.
If any party intends to pursue further appellate proceedings that might prevent this Court’s jurisdiction from being fully restored, the Notice of Remand shall so advise.
Within 10 days after a federal remand order, the removing party or its attorney must file the federal docket, all federal pleadings, and all substantive federal decisions with the court clerk.
Court's wording
within ten (10) days after the remand order is issued, the party who removed the action or his/her/its attorney of record shall be responsible for filing with the Clerk of this Court: (1) a complete copy of the case docket from the federal court, (2) copies of all pleadings filed in the federal court, and (3) copies of all substantive decisions issued by the federal court while the matter was pending there.
Releases and assignments of judgments or certificates of judgment shall be in writing and signed by a person authorized to execute the instrument.
Attach to the Complaint a legal description of the subject parcel(s), marked as “legally sufficient” by the Greene County Engineers’ Office. The legal description must contain the parcel identification number, the street address and prior deed reference of the subject parcel.
A real-estate complaint must include a counsel-signed certification that public records were examined and all interested persons or entities were named.
Court's wording
Include at the bottom of any Complaint involving real estate a certification, signed by counsel, that counsel has examined the public records of Greene County, Ohio and has named in the Complaint any person or entity having an interest in the real estate.
File with the Clerk of Courts the original guaranteed evidence of the state of the record title to the property in question (preliminary judicial report) prepared and extended by a responsible title and abstract company to a date not over thirty (30)
A party requesting a judicial real-estate sale must file the original final judicial report with the Clerk of Courts, including the case docket, property address or location, and the record state of title.
Court's wording
A. File with the Clerk of Courts the original final certificate of extension of the evidence of title (final judicial report) prepared and extended by a responsible title and abstract company, which includes a copy of the case docket, the address or location of the property, and the record state of title as of a date not prior to the effective date of the preliminary judicial report.
A foreclosure pleading contemplating a judicial real-estate sale must include a Tax Map Department-stamped legally sufficient property description, and the Clerk will not accept the complaint without it.
Court's wording
III. In every pleading wherein a judicial sale of real estate is contemplated, the party praying for foreclosure shall attach as an exhibit a legal description of the real property involved that bears the stamp “Legally Sufficient” from the Tax Map Department of the Greene County Engineer’s Office. The Clerk of Courts shall not accept for filing any complaint for foreclosure that does not have this exhibit attached.
A party seeking default or summary judgment on a foreclosure claim must file a completed Certificate of Readiness with the motion, and failure to satisfy its requirements by the applicable hearing or response date results in dismissal without prejudice.
Court's wording
IV. Any party seeking a default or summary judgment on a claim for foreclosure must file a completed “Certificate of Readiness” along with the party’s motion for default judgment or summary judgment. If any of the requirements of the Certificate of Readiness are not met as of the date of the default hearing in cases where at least one (1) party has not answered movant’s claims, or as of the date a response is due to the motion for summary judgment in cases where all parties have answered movant’s claims, the case will be dismissed without prejudice. “Certificate of Readiness” forms are available from the Clerk of Courts, on the first floor of the Greene County Courthouse. (See Exhibit “F”).
The deed prepared for the purchaser must contain a legal description matching the legally sufficient legal description attached to the foreclosure complaint.
Court's wording
VIII. The Court, upon the return of the writ of execution and careful examination of the proceedings, shall direct that a deed be made to the purchaser. The legal description contained in the prepared deed must match the legally sufficient legal description attached to the complaint.
□ 1B. The legal description in the mortgage is incorrect and I have asserted a count for reformation of the mortgage; OR
□ 2B. The reason for the omission is stated in the pleading and I have filed a sufficient affidavit of lost note and lost loan modification, if any; OR
□ 3B. The note is a variable rate note AND I have filed an up-to-date affidavit that details the interest rate changes during the relevant time period; OR
□ 1C. The legal description in the preliminary judicial report is incorrect AND I have filed an endorsement correcting the error; OR
□ 2C. (Applicable only in cases where at least one party has not answered movant’s claims) The reason for the omission is stated in the pleading and I will file a sufficient affidavit of lost note and lost loan modification, if any, and will present it at the default hearing; OR
□ 1D. (Applicable only in cases where at least one party has not answered movant’s claims) I will file an endorsement correcting the error and present it at the default hearing.
□ 5C. (Applicable only in cases where at least one party has not answered movant’s claims) I will file an affidavit that explains the pleaded amount due and submit it at the default hearing.
□ 4A. With regard to the mortgage, there is a full recorded copy of the mortgage attached; OR
□ 4C. There is an unrecorded copy of the mortgage attached and I have separately filed a full recorded copy of the mortgage, OR
□ 4B. (Applicable only in cases where at least one party has not answered movant’s claims) There is an unrecorded copy of the mortgage attached and I will present a full recorded copy at the default hearing; OR
□ 3C. (Applicable only in cases where at least one party has not answered movant’s claims) I will file an up-to-date affidavit that details the interest rate changes during the relevant time period and present it at the default hearing; OR
□ 5B. I have filed an affidavit that explains the pleaded amount due; OR
□ 8C. I have filed a properly supported motion to substitute plaintiff/defendant; OR
□ 8B. (Applicable only in cases where at least one party has not answered movant’s claims) Proof that the party seeking judgment is the current holder of the note, the current holder of the loan modification, if any, and the record holder of the mortgage will be submitted at the default hearing.
The judicial reports and preliminary judicial report must be filed and satisfy specified monetary-guaranty, conveyance, lien-debtor-and-creditor, parcel-number, address, and title-company-signature requirements, or the movant must file an endorsement correcting deficiencies.
Court's wording
□ 9A. I have examined the judicial reports that have been prepared for this case and the preliminary judicial report: □ 1. Has been filed; AND □ 2. Has a proper monetary guaranty (i.e. at least for the first mortgage amount); AND □ 3. Has proper conveyance information (i.e. details the last transfer); AND □ 4. Lists debtors and creditors for each judgment lien; AND □ 5. Consistently and correctly identifies the permanent parcel number of the subject property; AND □ 6. Consistently and correctly identifies the address of the subject property; AND □ 7. Has been signed by an appropriate officer of the title company; OR
14C. A Chapter 13 bankruptcy has been filed and relief from stay has been granted to the party seeking judgment; AND proof that relief from stay has been granted either □ has been filed in this case; or □ (applicable only in cases where at least one party has not answered movant’s claims) will be presented at the default hearing;
Filing & Service rules
Electronic Filing Rules
Pleadings, motions, and other papers may be filed by facsimile or email transmission only under the specified procedures.
Any pleading, motion, or other paper may be filed by facsimile or email transmission only in the following manner:
Page 15 | General Rules
Electronic filing is optional unless ordered by the court, and a party or attorney using the case-management system's e-filing function must register and provide a valid credit card for required deposits or fees.
E-filing is optional unless otherwise ordered by the court. A party or attorney desiring to file pleadings or documents using the e-filing function of the case management system must register with the Clerk and provide a valid credit card for payment of deposits or fees required by the court rules, Ohio law, or Ohio Rules of Court.
Page 16 | RULE 1.10 ELECTRONIC FILING
Documents may be submitted to the Clerk for e-filing 24 hours a day, seven days a week.
A. Documents may be submitted to the Clerk for e-filing 24 hours per day, 7 days per week.
Page 17 | E-Filing
Filing Timing and Cure Windows
Fax and email submissions are considered filed only when the Clerk stamps the date and time, with receipt time determined by the fax machine imprint or email message timestamp.
The date and time of receipt of a faxed document is the date and time imprinted on the document by the facsimile machine receiving the transmission. The date and time of receipt of an emailed document is the date and time contained in the email message. Documents submitted by facsimile or email transmission will be considered filed only when the date and time has been stamped by the Clerk.
Page 15 | General Rules
For an indigent party whose filing passes Clerk Review, the pleading or document is deemed filed on the date it was received.
If the court finds the party is indigent, the pleading or document submitted shall be deemed to have been filed the date it was received provided the Clerk’s Review found it to be in compliance with the court’s rules, policies, procedures, and practices.
Page 16 | RULE 1.10 ELECTRONIC FILING
The filing date is the day the pleading or document was submitted through e-filing.
B. The date of filing will be the day the pleading/document was submitted by e-filing.
Page 17 | E-Filing
An electronic filing not accepted by the case-management system is not a valid submission or filing, and failure to correct a deficiency may result in striking the document.
D. An attempted filing that is not accepted by the case management system shall not be considered as a valid submission or filing. Failure to correct the deficiency shall be grounds for the pleading or document to be stricken from the file.
Page 17 | E-Filing
The Clerk accepts an electronically filed document only after review determines that it complies with applicable court rules, policies, procedures, and practices.
C. The Clerk of Court shall accept any pleading or document filed by e-filing in any e-file case after the Clerk Review has determined it to be in compliance with the court rules, policies, procedures, and practices.
Page 17 | E-Filing
A noncompliant electronic filing is rejected, the filer is notified of the deficiency, and the filer has two business days to correct it.
D. If any document submitted electronically does not comply with the applicable court rules, policies, procedures, and practices, it will not be accepted by the Clerk for filing and the Clerk shall notify the filer of the deficiency or reason. The filer shall have two (2) business days to correct the deficiency in the filing.
Page 17 | E-Filing
The court will set a deadline for filing the written transcript of a videotaped deposition.
A. The Court shall set a deadline by which a written transcript of the videotaped deposition shall be filed.
Page 36 | RULE 1.17, III. PRETRIAL REQUIREMENTS
All counsel of record and each unrepresented party must arrange the 26(F) conference, attempt in good faith to agree on a proposed discovery plan, and file the report within 14 days after the conference.
All counsel of record and each unrepresented party are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for filing the 26(F) report with the court within 14 days after the conference.
Page 41 | II. 26(F) CONFERENCE
After a bankruptcy action permits the case to proceed, counsel must immediately notify the court and submit an amended schedule extending deadlines for the length of the stay and designating a trial date.
Counsel shall immediately notify the Court of any action of the Bankruptcy Court which would permit the Court to proceed with the case and submit an amended case schedule extending the deadlines by the length of the stay, designating a trial date
Page 42 | VII. BANKRUPTCY
A party-requested amended case management order must be promptly filed and served on every other party.
The amended case management order shall be promptly filed and served on all other parties.
Page 42 | IV. AMENDED CASE SCHEDULE
When a bankruptcy proceeding stays this court’s proceedings, counsel must file a notice of bankruptcy and submit an order staying proceedings.
If any party files a proceeding in the U.S. Bankruptcy Court which results in a stay of this Court’s proceedings, counsel shall file with the Court a notice of bankruptcy and submit an order staying proceedings as provided by the provisions of 11 U.S.C. 362.
Page 42 | VII. BANKRUPTCY
After the pretrial scheduling conference, the court must issue a scheduling order within 60 days of a defendant’s response or 90 days of service, whichever occurs sooner.
At the conclusion of the pretrial scheduling conference, the court shall issue a scheduling order within 60 days after any defendant has responded to a complaint or 90 days after any defendant has been served, whichever is sooner.
Page 42 | III. PRETRIAL SCHEDULING CONFERENCE
The Rule 26(F)(3) discovery plan must be filed no later than seven days before the scheduling conference.
RULE 26(F)(3) DISCOVERY PLAN _______________________________ (to be filed not later than seven (7) days prior to scheduling conference and within 14 days after the discovery Defendants(s) conference is held)
Page 44 | RULE 26(F)(3) DISCOVERY PLAN
A memorandum in opposition must be filed and served within 14 days after notice of the motion, or within 28 days when opposing a motion for summary judgment.
Be filed and served within fourteen (14) days from the time notice of the motion was received, unless responding to a motion for summary judgment, in which case the memoranda shall be filed and served within twenty eight (28) days from the time notice of the motion was received.
Page 53 | Opposition Memorandum
A reply memorandum must be filed within seven days after notice of the opposition memorandum is received.
The reply brief must be filed within seven (7) days from the time notice of the opposing party’s memorandum in opposition to the motion was received.
Page 53 | C. Reply Memorandum
Counsel must notify the court of a settlement and present a termination entry for approval within 30 days.
Counsel shall notify the Court if a case is settled and present a termination entry for approval within thirty (30) days.
Page 57 | III. SETTLED CASES
An entry ordering consolidation must be filed with the clerk within five days after the court grants consolidation.
When two or more cases are consolidated, an entry ordering consolidation shall be filed with the Clerk of Courts within five (5) days of the Court granting the consolidation.
Page 58 | RULE 2.06 CONSOLIDATION OF CASES
The required post-federal-remand filing must be made within 10 days after issuance of the remand order.
within ten (10) days after the remand order is issued, the party who removed the action or his/her/its attorney of record shall be responsible for filing with the Clerk of this Court: (1) a complete copy of the case docket from the federal court, (2) copies of all pleadings filed in the federal court, and (3) copies of all substantive decisions issued by the federal court while the matter was pending there.
Page 61 | RULE 2.11
The Notice of Remand is due within 10 days after the appellate decision is issued.
Such a notice shall take the form of a Notice of Remand, to be filed with the Clerk of this Court within ten (10) days after the appellate decision is issued and accompanied by a copy of that decision.
Page 61 | RULE 2.11
Counsel must file a Certificate of Service of Notice of Sale Date with the Clerk at least 14 days before the scheduled sale, identifying the service date and method and the names and addresses of noticed interested parties or counsel.
Not less than fourteen (14) days prior to the scheduled sale date, counsel for the party requesting the sale shall file with the Clerk of Courts a Certificate of Service of Notice 63 of Sale Date specifying the date and manner of service and the names and addresses of all interested parties or their respective counsel of record who entered an appearance in the case and were sent notice.
Page 63 | Foreclosure
Failure to timely file the required certificate of service is grounds for denying confirmation of the foreclosure sale.
Failure to timely file the certificate of service required by this rule shall constitute grounds for denial of the confirmation of sale.
Page 64 | Foreclosure
A scheduled Sheriff’s sale may be cancelled only by court approval on a proper counsel motion filed no later than 24 hours before the sale date.
VII. Once scheduled, the Sheriff’s sale shall only be cancelled by an order of the Court approving the cancellation upon proper motion by counsel filed no later than twenty- four (24) hours prior to the scheduled sale date.
Page 64 | Foreclosure
The Certificate of Service of Notice of Sale Date must be filed with the Clerk no later than 14 days before the scheduled sale.
Not less than 14 days prior to the scheduled sale date, the party requesting the sale or the party’s counsel shall file with the Clerk a Certificate of Service of Notice of Sale Date specifying the date and manner of service of the notice required in Subsection (C) of this Rule, the names and addresses of all record owner(s) and interested parties or counsel of record for the record owner(s), and interested parties who were sent the notice.
Page 72 | RULE 2.15.1, B. REQUIRED FILING, 1
A prejudiced judgment creditor or lienholder must move to vacate the sale within 10 business days after the sale date.
If the PSO fails to place a remote bid on behalf of a judgment creditor or lienholder to the prejudice of the judgment creditor or lienholder, the judgment creditor or lienholder must file a motion to vacate the sale within 10 business days after the sale date, and the sale shall be vacated.
Page 77 | D
Within 60 days after appointment, all receivers must apply to the Court for authority to cancel or reject all unprofitable contracts.
Within sixty (60) days after their appointment, all receivers shall apply to the Court for authority to cancel or reject all unprofitable contracts.
Page 86 | D. Duties of Receivers
Written objections to claims must be filed by the interested party before the Court orders distribution.
All objections to claims must be made in writing and filed by the interested party before distribution is ordered by the Court.
Page 87 | G. Objections
Objections to receiver accounts or court allowances must be filed within 14 days after the account is filed or allowance is made.
All objections to the accounts of receivers or to any allowance made to them by the Court must be filed within fourteen days (14) after the accounts are filed or allowances made.
Page 87 | G. Objections
A receiver must file an affidavit stating that a sale was made for the best obtainable price within 10 days after the sale.
The receiver shall file an affidavit to that effect within ten (10) days after any sale.
Page 88 | III. SALES BY RECEIVERS
A receiver must file a report of receipts and disbursements with the Clerk of Courts within 90 days of appointment and every 90 days thereafter.
2. Within ninety (90) days of the date of their appointment, and every ninety (90) days thereafter, receivers shall file a report of receipts and disbursements with the Clerk of Courts.
Page 90 | Duties of Receivers
The initial appellant brief is due within 40 days after the later of filing the notice of appeal or filing the transcript, and failure to timely file the memorandum and assignment of errors may result in dismissal.
Unless otherwise ordered by the assigned Judge, or set by the governing statute or the Ohio Rules of Superintendence, all briefs shall be filed as follows: A. The appellant shall file an initial brief including any and all claims of error, memorandum, and all other essential papers within 40 days after the notice of appeal has been filed or the filing of the transcript, whichever is later. No initial brief of appellant or cross-appellant shall exceed twenty-five (25) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any, except by prior leave of the Court. Failure to file a memorandum and assignment of errors within the requisite period of time may result in dismissal of the appeal. B. Counsel for the appellee shall file an answer brief, if any, within 30 days after service of appellant’s memorandum. No answer brief of appellee or cross-appellee shall exceed twenty-five (25) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any, except by prior leave of the Court. C. Appellants may file reply brief within 14 days after appellee’s memoranda have been served. Except upon prior leave of the Court, no reply brief shall exceed ten (10) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any. Reply briefs shall be restricted to matters in rebuttal of the answer brief.
Page 91 | I. BRIEFS
All criminal motions must be timely filed under the Ohio Rules of Criminal Procedure, and untimely motions may be summarily denied.
I. All motions shall be timely filed under the Ohio Rules of Criminal Procedure. Untimely motions may be summarily denied. This includes Motions for Intervention in Lieu of Conviction and Motions to Suppress.
Page 97 | MOTION PRACTICE
The proponent of the first-filed motion may file a reply memorandum within 7 days after the opposition memorandum is filed, unless the Court modifies that period.
The proponent of the first filed motion may file a reply memorandum within seven (7) days of the date of filing of the memorandum in opposition, unless otherwise modified by the Court.
Page 97 | MOTION PRACTICE
A responsive pleading or memorandum may be filed within 14 days after the motion is filed, unless the Court modifies that period.
III. A responsive pleading or memorandum may be filed within fourteen (14) days of the date of the filing of the motion, unless otherwise modified by the Court.
Page 97 | MOTION PRACTICE
The Rule 26(F)(3) discovery plan must be filed no later than seven days before the scheduling conference.
RULE 26(F)(3) DISCOVERY PLAN _______________________________ (to be filed not later than seven (7) days prior to scheduling conference and within 14 days after the discovery Defendants(s) conference is held)
Civil cases
Page 1 | Rule 26(F)(3) Discovery Plan
A party challenging another party's identified expert witness must file a motion in limine before the final pretrial conference, setting forth the supporting facts and law.
Prior to the final pretrial conference, a party that wishes to challenge the qualifications of an expert witness identified by another party must file a Motion in Limine setting forth the facts and law in support of the Motion to disqualify the expert from testifying.
Page 54 | E. Motions in Limine
Within 30 days, successful bidders may notify the Court of a title defect and move to set aside the sale.
The successful bidder(s) may, within the 30-day period, notify the Court of the defect and move the Court to set aside the sale.
Page 72 | RULE 2.15.1, D. PROCEDURE, 1
Failure to timely file the required certificate of service may result in denial of confirmation of the sale.
Failure to timely file the certificate of service required by this Subsection shall constitute grounds for denial of the confirmation of sale.
Page 78 | F. REQUIRED FILING
Service and Proof of Service Rules
A written motion concerning trial must be served at least 28 days before trial begins.
A written motion for purposes of a trial shall be served no later than twenty eight (28) days prior to the start of trial.
Page 52 | A. Moving Parties
A written motion concerning a nontrial hearing must be served at least 14 days before the hearing.
A written motion for purposes of a hearing that is not a trial shall be served no later than fourteen (14) days prior to the hearing.
Page 52 | A. Moving Parties
When a motion is served by mail, notice is deemed received three days after mailing.
If the motion is served by mail, notice of the motion shall be considered to have been received within three days after the date of mailing.
Page 53 | Opposition Memorandum
The proponent must provide copies of written materials intended for reading into evidence to the court and other counsel at pretrial.
If written materials are to be read into evidence, copies of these materials shall be provided by the proponent to the Court and other counsel at pretrial.
Page 57 | V. WRITTEN MATERIALS TO BE READ INTO EVIDENCE
Papers after the complaint that must be served on a party must be filed within three days after service, while the listed discovery materials are not filed unless ordered by the court or used for evidence or a motion.
In accordance with Rule 5(D) of the Ohio Rules of Civil Procedure, all papers after the complaint required to be served upon a party shall be filed with the Court within three (3) days after service, but depositions upon oral examination, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not be filed unless on order of the Court, or for use as evidence or for consideration of a motion in the proceeding.
Page 58 | RULE 2.07 DISCOVERY, III. DISCOVERY PAPERS
Immediately after filing a notice or stipulation of voluntary dismissal under Ohio Civil Rule 41(A)(1), the plaintiff or plaintiff’s counsel must deliver a copy to the assigned judge, magistrate, and mediator.
Any plaintiff or plaintiff’s counsel who has filed a notice of dismissal or a stipulation of dismissal pursuant to Rule 41(A)(1) of the Ohio Rules of Civil Procedure shall immediately deliver a copy of the notice or stipulation to the judge, magistrate and mediator assigned to the case so they are promptly informed of the voluntary dismissal of the action.
Page 60 | RULE 2.10 — DISMISSAL OF ACTIONS, I. VOLUNTARY DISMISSAL: NOTICE REQUIREMENT
When a judicial real-estate sale is ordered, the requesting plaintiff or attorney must promptly mail notice of the sale’s time, date, and location to record owners and other interested parties not in default, subject to publication for parties in default, and untimely notice may prevent confirmation.
V. In every action in any division of the Common Pleas Court of Greene County, Ohio wherein a judicial sale of real estate is ordered by the Court, the attorney for the plaintiff, or such other party requesting the sale, shall promptly mail notice of the time, date and location of the Sheriff’s sale to the record owner(s) of the subject real estate and to all other interested parties not in default for failure to appear, or their counsel of record, at their respective last known address. The record owner(s) of the real estate shall be noticed by mail in all cases when not in default for failure to appear, except when said owner(s) were originally served with summons solely by publication. No other parties to the proceeding in default of answer need be served with notice of sale except by publication as provided by §§ 2329.26 and 2329.27 of the Ohio Revised Code. Failure to provide timely notice to interested parties shall constitute grounds for denying confirmation of the sale.
Page 63 | Foreclosure
Service must be perfected on all named defendants, and except for publication-served parties, the docket and all subsequent filings must use proper party or counsel addresses.
□ 11. I have examined the service returns in the case file; and □ A. Service has been perfected on all named defendants; AND □ B. Except for parties served by publication, the “case parties” portion of the docket reflects a proper address for all parties or, if counsel has entered an appearance for a party, reflects a proper address for that party’s counsel; AND □ C. Except for parties served by publication, I have served all filings subsequent to the service of the complaint at a proper address for all parties or, if counsel has entered an appearance for a party, a proper address for that party’s counsel.
Page 68
The requesting party or counsel must promptly mail notice of the sale’s time, date, and location to record owners or their counsel and to non-default interested parties or their counsel, except for publication-only service of summons on record owners.
In every action in any division of the Common Pleas Court of Greene County, Ohio, wherein a judicial sale of real estate by the Sheriff is ordered, the party requesting the sale or the party’s counsel shall promptly mail notice of the time, date and location of the sheriff’s sale to: a. the record owner(s) of the subject real estate whether or not in default for failure to appear, or counsel for the record owner(s), unless service of summons on the record owner(s) was accomplished only by publication and b. all other interested parties not in default for failure to appear or to counsel of record for interested parties not in default for failure to appear.
Page 71 | RULE 2.15.1, A. NOTICE OF SALE
The party requesting cancellation or counsel must serve the file-stamped cancellation entry or bankruptcy petition on the Greene County Sheriff before the sale.
The party requesting the cancellation or the party’s counsel shall serve a copy of the file stamped entry or bankruptcy petition on the Greene County Sheriff prior to said sale.
Page 72 | RULE 2.15.1, C. CANCELLATION OF SALE, 2
The requesting party or counsel must promptly mail sale notice to record owners, their counsel, and other interested parties not in default.
In every action in any division of the Common Pleas Court of Greene County, Ohio, wherein a judicial sale of real estate by a PSO is authorized, the party requesting the sale or the party’s counsel shall promptly mail notice of the time, date and location of the sale to: a. the record owner(s) of the subject real estate whether or not in default for failure to appear, or counsel for the record owner(s), unless service of summons on the record owner(s) was accomplished only by publication, and b. all other interested parties not in default for failure to appear or to counsel of record for interested parties not in default for failure to appear.
Page 77 | E. NOTICE OF SALE
Public notice must be given weekly for at least three consecutive weeks before a physical sale and for at least three weeks before an online sale begins.
If the sale is to be held at a physical location, notice must be given once a week for at least three consecutive weeks before the date of the sale; 77 ===== PAGE 78 ===== or b. If the sale is to be conducted online, notice must be given once a week for at least three weeks before the start date of the sale.
Page 78 | E. NOTICE OF SALE
Public notice of the sale must appear as a qualifying advertisement in a newspaper of general circulation in the county.
The public notice shall be by advertisement in a newspaper of general circulation in the County and must meet the requirements of R.C. § 7.12.
Page 78 | E. NOTICE OF SALE
The Prosecuting Attorney must serve a copy of the sale motion on every party who appeared in the foreclosure action.
1. The Prosecuting Attorney shall serve a copy of the motion on all parties who entered an appearance in the foreclosure action in accordance with the Rules of Civil Procedure.
Page 82 | RULE 2.16 B. MOTION FOR SALE OF PROPERTY
Notice of the receiver-appointment hearing must be served on interested parties unless the delay would cause irreparable harm to the plaintiff.
Notice of the hearing shall be served on interested parties unless the Court finds that the time taken to give notice will result in irreparable harm to the plaintiff;
Page 84 | RULE 2.19 RECEIVERSHIPS — A. Procedure Upon Filing of Motion for the Appointment of a Receiver
Within 30 days after appointment, receivers must give notice by mail or publication, as directed by the Court, to all known creditors of the claims deadline and the consequence of missing it.
Within thirty (30) days after the date of their appointment, all receivers shall: ... b. Give notice by mail or by publication, as directed by the Court, to all known creditors that they are required to file their claims within a certain time, and that unless they file their claims by the specified time, they will not be permitted to file any claim without an order of the Court;
Page 85 | D. Duties of Receivers
When extraordinary fees exceeding 15 percent are requested, the receiver must mail all known creditors and shareholders notice of the hearing, request, and hearing date and location.
When fees in excess of fifteen (15) percent are requested for extraordinary services, the receiver shall mail to all known creditors and/or shareholders, if any, a notice of the hearing on the application, the nature of the request, and the date and place of the hearing.
Page 88 | II. COMPENSATION OF RECEIVER
The property owner must receive notice of the receiver-appointment hearing three days before the hearing.
c. Notice shall be served on the owner of the property three (3) days before the hearing.
Page 89 | Receiver Appointment
Notice of the receiver-appointment hearing must be served on interested parties by attachment to the complaint and original summons or by certified mail.
b. Notice of the hearing shall be served on interested parties either by attachment to the complaint and original summons, or by certified mail in accordance with the Ohio Rules of Civil Procedure;
Page 89 | Receiver Appointment
Electronic filing of pleadings or documents constitutes consent to email service of documents unless Ohio court rules require otherwise.
A party or attorney who files pleadings or documents electronically consents to the electronic service of documents by email unless otherwise required by the Rules of Practice and Procedure for Ohio Courts.
Page 20 | IX. Consent to electronic service
For service by publication in Greene County, Ohio, the requesting party must arrange publication in a newspaper of general circulation and is responsible for the costs.
VIII. On all cases of service by publication, the party desiring such service in Greene County, Ohio shall arrange for publication with any newspaper of general circulation and be responsible for said costs.
Page 50
Parties in default for failure to answer need not receive notice of sale except by publication under the cited statutes.
No parties to the proceedings in default of answer need be served with notice of sale except by publication as provided by R.C. §§ 2329.26 and 2329.27.
Page 71 | RULE 2.15.1, A. NOTICE OF SALE, 3
The notice may be mailed to the last known addresses of record owners and non-default interested parties or to their counsel of record.
Said notice may be mailed to: a. the last known address(es) of the record owner(s) and other interested parties not in default for failure to appear or b. counsel of record for the record owner(s) and other interested parties not in default for failure to appear.
Page 71 | RULE 2.15.1, A. NOTICE OF SALE, 2
Filing Fees and Waivers
Required deposits or fees must be paid electronically by credit card at filing, unless the filing includes a notarized poverty affidavit and motion to waive payment.
Any pleading or document that requires the payment of a deposit or fee to the Clerk of Courts shall be paid electronically by a credit card through the Clerk of Court’s e-filing system at the time of filing. The e-filing function of the case management system will not accept filing without payment of the required deposit or fee unless a notarized poverty affidavit and motion to waive the payment of a deposit or fee is filed with the e-filing pleading or document.
Page 16 | RULE 1.10 ELECTRONIC FILING
A party filing a civil action or proceeding must first deposit $175.00 for an Aid of Execution filing, unless otherwise provided by law.
I. No civil action or proceeding shall be accepted by the Clerk for filing unless the party offering the same for filing has first deposited a sum to secure the payment of the costs that may accrue in such action or proceeding, except as otherwise provided by law. Such advance deposit shall be in accordance with the following schedule: Aid of Execution ...................................................................$175.00
Page 48 | RULE 2.03 COURT COSTS AND SPECIAL FEES
The filing fee for an amended confirmation or nunc pro tunc in foreclosure is $100.00.
Foreclosure: Amended Confirmation or Nunc Pro Tunc ......$100.00
Page 49
The filing fee for employer garnishment is $120.00.
Employer Garnishment .............................................$120.00
Page 49
The filing fee for a praecipe for online auction of real property is $500.00.
Praecipe for Online Auction of Real Property……………..$500.00
Page 49
The fee for personal in-county service is $50.00.
Personal in-county service ........................................$ 50.00
Page 49
The fee for personal service by the Sheriff is $50.00 for each party.
Personal service by Sheriff ................................... $50.00/each party
Page 49
The filing fee for other civil actions is $250.00.
Other Civil Actions ...............................................................$250.00
Page 49
A $6.00 computerized legal research fee is charged for filing each cause or appeal under the specified statutory divisions.
A. Pursuant to Section 2303.201(A) of the Ohio Revised Code, the Clerk is authorized and directed by the Court to charge as cost a fee of Six Dollars ($6.00) 49 on the filing of each cause or appeal under divisions (A), (Q), and (U) of Section 2303.20 of the Revised Code.
Page 49
The filing fee for civil proceedings to vacate, revive, change, or modify a judgment is $110.00.
Proceedings to Vacate, Revive, Change, or Modify Judgment in Civil Actions .........$110.00
Page 49
The filing fee for a garnishment, debtors examination, or attachment is $135.00.
Garnishment/Debtors Exam/Attachment .................$ 135.00
Page 49
The fee for a jury demand is $500.00 in addition to the filing deposit.
Jury Demand (in addition to filing deposit) ..........................$500.00
Page 49
The fee for out-of-county personal service not covered above is $50.00.
Out-of-county personal service (Not covered by the above) .......................................$ 50.00
Page 49
Civil actions with more than five defendants incur an additional $10.00 per defendant, and an amended complaint with service incurs $10.00 per defendant.
In Civil Actions: (add) with over 5 defendants ........................$10.00/per defendant Amended Complaint with service .......$10.00/per defendant
Page 49
The filing fee for a land sale or foreclosure action is $525.00.
Land Sale or Foreclosure Actions ........................................ $525.00
Page 49
A party filing a counterclaim or cross-claim exceeding Municipal Court monetary jurisdiction in a transferred case must post security for costs equal to the amount required had the case been filed in the court originally.
III. On cases transferred to the Common Pleas Court in which the prayer in the counterclaim or cross-claim exceeds the monetary jurisdiction of the Municipal Court, the party filing the counterclaim or cross-claim shall post security for costs in a sum equal to the amount required if the case was originally filed in this Court.
Page 49
The filing fee for a foreign judgment is $60.00.
Foreign Judgments ..................................................................$60.00
Page 49
The filing fee is $100.00 for a cross, counter, or third-party complaint in a civil action, or $150.00 if the Clerk serves it.
Cross/Counter/Third Party Complaint in Civil Actions .........................................................$100.00 if Clerk serves ...........................................................$150.00
Page 49
The fee for all filings or requests for service not covered above is $50.00.
All filings or requests for service (Not covered by the above) .......................................$ 50.00
Page 49
A $20.00 fee applies to specified cause-of-action, appeal, certificate-of-judgment, aid-in-execution, and judgment-modification filings, with a $1.00 fee for each specified service.
B. Pursuant to Section 2303.201(B)(1) of the Ohio Revised Code, the Clerk of Courts is authorized and directed to charge as cost a fee of Twenty Dollars ($20.00) on the filing of each cause of action, appeal, certificate of judgment, or the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment under divisions (A), (P), (Q), (T), and (U) of Section 2303.20 of the Revised Code and One Dollar ($1.00) each for the services described in divisions (B), (C), (D), (F), (H), and (L) of Section 2303.20 of the Revised Code.
Page 50
The Court will not act on a CQE petition until the petitioner pays a $50.00 deposit.
The Court shall not take action on the petition until the petitioner pays a deposit in the amount of $50.00.
Page 94 | RULE 2.23 CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT (CQE)
Offenders under the control and supervision of the Greene County Adult Probation Department must pay a $50 monthly supervision fee for 12 months to the Clerk of Courts.
Pursuant to Ohio Revised Code § 2951.021, the Greene County Common Pleas Court requires offenders who are placed under the control and supervision of the Greene County Adult Probation Department to pay a supervision fee of $50.00 per month for a period of twelve (12) months. This fee is to be paid to the Clerk of Courts for use by the Greene County Adult Probation Department.
Page 103 | RULE 3.13 — PROBATION DEPARTMENT SUPERVISION FEE
Applicants for ILC evaluation must pay a Court-specified fee in advance, but the Greene County Public Defender’s Office will pay the fee for indigent defendants represented by an appointed Public Defender attorney.
In order for an applicant for Intervention in Lieu of Conviction (“ILC”) to be evaluated for eligibility, the Court will require payment of a fee to defray the costs of evaluation. Such fee shall be paid in advance of evaluation, in the amount specified by the Court. The Greene County Public Defender’s Office will pay the ILC evaluation fee for indigent defendants who are represented by an attorney appointed by the Public Defender’s Office.
Page 104 | RULE 3.13 — INTERVENTION IN LIEU OF CONVICTION
For cases with multiple parties, the Clerk may require the requesting party to advance an estimated amount sufficient to cover service costs.
IV. In cases with multiple parties, the Clerk may require the party requesting service to advance an amount estimated by the Clerk to be sufficient to cover the cost thereof.
Page 49
Costs may be secured by a bond with Clerk-approved surety instead of a cash deposit, but a member of the bar cannot serve as surety.
V. In lieu of a cash deposit, costs may be secured by bond with surety approved by the Clerk; however, no member of the bar shall be accepted as such surety.
Page 49
The Clerk may revise the deposit schedule to include amounts sufficient to cover the costs of the action or proceeding.
I. The deposit schedule may be revised by the Clerk of Court to include amounts sufficient to cover costs of the action or proceeding.
Page 49
The Clerk may require any tendered check to be certified before accepting it.
IX. The Clerk may require that any check tendered for any payment be certified before the check will be accepted by the Clerk.
Page 50
A poverty affidavit filed instead of a cash deposit must state the reasons for inability to pay costs and remains subject to court review at any stage of the proceedings.
VII. A poverty affidavit filed in lieu of a cash deposit must state the reasons for the inability to pay costs and is subject to Court review at any stage of the proceedings.
Page 50
After litigation terminates, the Clerk is authorized to collect all costs accrued before entry of final judgment.
X. Upon termination of litigation, the Clerk of Courts is authorized to collect all costs accrued prior to entry of Final Judgment by the Court.
Page 50
The Clerk of Courts may establish fees for filing by facsimile or email transmission.
Fees for filing by facsimile or email transmission may be set by the Clerk of Courts.
Page 15 | General Rules
Sealing & Redaction Procedures
When a minor child's name must be included, only the child's initials may be used.
c. Names of Minor Children: If the name of a minor child must be included in a document, only the initials of the child’s name shall be used.
Page 13 | Names of Minor Children
Personal and private information may not be included in filed documents, including exhibits and addenda, unless it is necessary and relevant to the case.
2. Filing parties and legal counsel shall not include personal and private information in any document filed with the Court unless such inclusion is necessary and relevant to the case. This requirement extends to and includes exhibits or addenda attached to filings, such as preliminary and financial reports which itemize state liens that use social security numbers as case numbers, or medical records.
Page 13
When a Social Security number must be included, only its last four digits may be used.
a. Social Security Numbers: If an individual's social security number must be included in a document, only the last four (4) digits of that number shall be used.
Page 13 | Social Security Numbers
Entries and orders containing personal information must be partially redacted, unless all identifier digits are absolutely necessary, in which case the prescribed submission process applies.
5. Entries and orders that necessarily include personal and private information shall have such personal data and identifiers partially redacted as outlined in this rule, unless it is absolutely necessary to include all digits in a personal identifier. In the event that it is absolutely necessary to include all digits in a personal identifier, the entries and orders must be submitted to the Clerk of Court's as follows:
Page 13
When a financial account number must be included, only its last four digits may be used.
b. Financial Account Numbers: If financial account numbers must be included in a document, only the last four (4) digits of these numbers shall be used.
Page 13 | Financial Account Numbers
When full personal identifiers are absolutely necessary in an entry or order, both the original and a redacted copy must be submitted to the clerk, and the redacted copy must carry the specified caption and redaction notations.
a. The original document that includes the personal and private information; and b. A redacted copy that indicates in the caption above the title of the 13 action “Redacted Copy, Personal and Private Information Redacted” and has the notation “redacted” at all places in the document where such information was removed.
Page 14
The clerk may refuse an unredacted document that was not submitted in accordance with the personal-information redaction rule.
6. The Clerk of Courts may refuse to accept for filing any document that contains personal and private information that has not been redacted and submitted in accordance with this rule.
Page 14
When a filing contains confidential, in-camera, or nonpublic exhibits, the filing party must note the confidentiality and file a motion to seal the exhibits or prevent public access.
V. Confidential Information. If a pleading or document contains exhibits that are confidential, are being submitted for an in camera review, or otherwise claimed to not be subject to public inspection, the filing party shall specifically note that in the filing and file a motion to have said exhibits sealed or not made available for public inspection by persons accessing public information in the case management system.
Page 18 | Confidential Information
Sealed documents must be submitted to the Clerk in a sealed envelope whose face includes the case caption, document title, sealing-order date, and the notation “DOCUMENTS UNDER SEAL.”
Sealed documents shall be filed with the Clerk, secured in a sealed envelope, with the face of the envelope containing the case caption, a descriptive title of the document (unless such information has been included among the information sealed), the date of the order permitting the item to be sealed, and a conspicuous notation stating “DOCUMENTS UNDER SEAL.”
Page 20 | RULE 1.11 FILING SEALED AND IN CAMERA DOCUMENTS, II.B.1. Method of Filing
The Clerk must not accept a document for filing under seal unless a motion to seal it has been made and approved by the Court.
The Clerk shall not accept any document to be filed under seal unless a motion to file the document under seal has been made and approved by the Court.
Page 20 | RULE 1.11 FILING SEALED AND IN CAMERA DOCUMENTS, II.A.1. Motion
Unless otherwise ordered, documents submitted for in camera review must go directly to the assigned judge or magistrate rather than being filed with the clerk.
Unless otherwise ordered by the assigned Judge or Magistrate, documents submitted for an in camera review shall be submitted directly to the assigned Judge or Magistrate and not filed with the Clerk.
Page 21 | III. IN CAMERA DOCUMENTS
A sealed document must be scanned and entered on the electronic docket as a secured document.
The sealed document shall be scanned and entered as a “secured” document on the electronic docket.
Page 21
Filing parties and counsel alone are responsible for redacting personal identifiers, and the clerk will not review filings for compliance.
4. It is the sole responsibility of the filing parties and counsel to redact these personal identifiers from filed documents. The Clerk of Courts will not review each document for compliance with this rule.
Page 13
Documents requested to be filed under seal may not be attached to the motion because the motion itself will not be sealed.
The documents that are petitioned to be filed under seal shall not be attached to the motion, as the motion will not be sealed.
Page 20 | RULE 1.11 FILING SEALED AND IN CAMERA DOCUMENTS, II.A.2. Motion
The Clerk must file-stamp the sealed envelope, docket the filing as made under seal, and retain the envelope in the Clerk’s office.
The Clerk shall file stamp the face of the envelope, enter on the docket that the document was filed under seal and retain the envelope in the Clerk’s
Page 20 | RULE 1.11 FILING SEALED AND IN CAMERA DOCUMENTS, II.B.2. Method of Filing
The court will sign both the original and redacted journal entries.
c. The Court will sign both journal entries.
Page 14
Filing Bundling Requirements
Unless a motion requests appointment of a Private Selling Officer, the Sheriff conducts a public auction in Treasurer’s foreclosure actions and an online auction in other foreclosure actions demanding judicial sale.
Unless the party requesting the sale or that party’s counsel files a motion requesting the appointment of a Private Selling Officer, the county Sheriff shall conduct a public auction to sell the real property at issue in every Treasurer’s foreclosure action and an online auction in every other foreclosure action demanding the judicial sale of property.
Page 71 | RULE 2.15.1, I. DEFAULT SALE PROCEDURE
Adjournment & Extension Requirements
A trial continuance motion must be in writing and state the reason for the requested continuance.
The Court will not grant a motion for continuance of a trial date without the motion being in writing, stating the reason for the continuance.
Page 42 | V.A. CONTINUANCE OF TRIAL DATE
A continuance of a conference, hearing, or trial requires a timely written request stating the reasons, filed before the proceeding, and no proceeding may be cancelled or postponed without prior Court approval.
I. No continuance of any conference, hearing, or trial shall be granted unless prior to the proceeding, a written request is timely filed stating the reasons for the continuance. No proceeding will be cancelled or postponed without previous Court approval. Failure to appear at a criminal proceeding when scheduled may result in sanctions being imposed.
Page 98 | RULE 3.08 CONTINUANCE OF A CRIMINAL PROCEEDING
A continuance motion based on a conflict with another court must include a file-stamped copy of the other court’s scheduling notice when that notice preceded the scheduling of the proceeding in this court.
If the request for a continuance is due to a conflict with another court, the motion must have an attached a file-stamped copy of the other court’s scheduling notice, which notice was set before the scheduling of the proceeding in this Court.
Page 99 | CONTINUANCE
The court may reduce or extend the stated motion-service periods on a party’s motion for good cause.
The Court may reduce or enlarge these periods of time upon motion of a party and for good cause.
Page 52 | A. Moving Parties
The Prosecuting Attorney may request a Grand Jury case-presentation continuance beyond 60 days in accordance with Rule of Superintendence 39.
A request for a continuance of a case presentation to the Grand Jury beyond the sixty (60) day limit may be filed by the Prosecuting Attorney in accordance with Rule of Superintendence 39.
Page 96 | RULE 3.03 GRAND JURY
The Court may grant an arraignment continuance for good cause, and a defendant’s continuance request waives speedy-trial time until arraignment is completed.
A continuance of the arraignment may be granted, for good cause, at the discretion of the Court. Speedy trial time will be waived in if the request for the continuance is by the defendant until the arraignment has been completed.
Page 96 | RULE 3.04 ARRAIGNMENT
When defense counsel requests that a previously scheduled criminal proceeding be reset or rescheduled, the defendant is deemed to have consented to the new date and waived speedy-trial requirements through that date, and the court’s scheduling entry will record the waiver.
If counsel for the defendant requests that a previously scheduled criminal proceeding be reset or rescheduled, the Court will do so with the understanding that the defendant has consented to the date and waived any speedy trial requirements up to the date selected for the defendant. A scheduling entry prepared by the Court will reflect the waiver of speedy trial for the time of delay.
Page 99 | CONTINUANCE
Chambers Communication Rules
Counsel must notify the court when a case is settled.
Counsel shall notify the Court if a case is settled.
Page 42 | VI. SETTLED CASES