Court Rules Continued... Pg. 4

III CASE MANAGEMENT IN CIVIL CASES

1. PURPOSE: The purpose of this rule is to establish, pursuant to M.C. Sup. R 18, a system for civil case management which will achieve the prompt and fair disposal of civil cases.

2. COURT COSTS DEPOSIT: Any person filing a civil action or proceeding shall deposit with his or her Complaint the corresponding court cost deposit set forth in attached Exhibit A unless an affidavit or other evidence of such party’s inability to make the required deposit is approved by the Court. The clerk shall refuse to accept the filing of any complaint if the required deposit is not included.

3. COSTS DEPOSIT FOR JURY TRIALS IN CIVIL CASES: Any party demanding trial by jury in a civil case shall deposit, in addition to the usual court cost deposit, the sum of $150.00 with their written demand unless an affidavit or other evidence of such party’s inability to make the required deposit is approved by the Court. The clerk shall refuse to accept the filing of a jury demand if the deposit is not included. The party shall also file the number of Jurors requested consistent with Civil Rule 48.

4. SCHEDULING OF EVENTS: The scheduling of a case begins when a civil cases is filed. Thereafter, the case is managed in five (5) clerical steps and five (5) judicial steps.

            A. CLERICAL STEPS:

(1) Summons shall be served in accordance with the Ohio Rules of Procedure. In the event there is a failure of service, the clerk shall notify counsel immediately. If counsel fails to obtain service of summons within six (6) months from the date the cause of action was filed, then the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.

(2) Upon perfection of service, the clerk shall notify counsel of the default and that a failure to submit an entry within fifteen (15) days may result in the case being dismissed.

(3) After any responsive pleading is filed, the clerk shall immediately forward said pleading and file to the Judge, so the matter may be set for a hearing.

(4) If no action has been taken on a file for a six (6) month period and the case is not set for trial, then the clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause is shown.

(5) When a file is marked “settlement entry to come” and the entry is not received within thirty (30) days, then the clerk shall notify the party that this case will be dismissed unless the entry is received within ten (10) days.

            B. JUDICIAL STEPS:

                        (1) Motions:

(a) All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel. Opposing counsel shall answer in like manner within fourteen (14) days thereafter. All motions will be considered submitted at the end of said fourteen (14) day period unless time is extended by the Court.

(b) There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the Court deems it necessary.

                        (2) Pre-trials:

(a) For the purpose of this rule, “pre-trial” shall mean a Court supervised conference chiefly designed to produce an amicable settlement. The term “party” or “parties” used hereinafter shall mean the party or parties to the action, and/or, his, hers, or their attorney of record.

(b) Any attorney for a party to the action, who fails to attend at a scheduled pre-trial conference without just cause being shown, may be punished for contempt of court.

(c) Notice of pre-trial conference shall be given to all counsel of record by mail and/or given by telephone from the assignment commissioner not less than fourteen (14) days prior to the conference. Any application for continuance of the conference shall be addressed to the clerk.

(d) Counsel attending the pre-trial conference must have complete authority to stipulate on items of evidence and must have full settlement authority.

(e) The primary purpose of the pre-trial conference shall be to achieve an amicable settlement of the controversy in suit.

(f) The Court shall attempt to narrow legal issues, to reach stipulations as to facts in controversy and in general, to shorten the time and expense of trial. The Court will file a pre-trial statement to become part of the record and the case embracing all stipulations, admissions and other matters which have come before it in the pre-trial. The Court shall, at that time determine whether or not trial briefs should be submitted and shall fix a date when they are to be filed.

(g) Any judge presiding at pre-trial conference or trial shall have the authority to dismiss the action for want of prosecution on motion of defendant upon failure of plaintiff, and/or his counsel to appear in person at ay pre-trial conference or trial; to order the plaintiff to proceed with the case and to decide and determine all matters ex parte upon failure of the defendant  to appear in person or by counsel at any pre-trial conference or trial as required; to make such order as the Court may deem appropriate under all the circumstances.

(h) If the case is not settled at pre-trial, then the case will be set for trial at a time agreeable to all parties.

(3) Trials: Each case not resolved at pre-trial shall be set for trial to the Court. All court trials shall be held on Tuesday from 1:00 p.m. to 4:00 p.m. and on Thursday from 1:00 p.m. to 4:00 p.m. unless otherwise ordered by the Court. If a jury demand is timely filed and the jury trial deposit is timely made or waived by the Court, the case will be moved to the jury trial schedule. All attorneys shall notify the Court by 1:00 p.m. of the day preceding their trial of any change in the status of the case or any jury costs incurred by the Court shall be assessed to the case.

(4) Continuances:

(a) No party shall be granted a continuance of a trial or a hearing without a written motion from the party or his counsel stating the reason for the continuance.

(b) When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was first set for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases assigned for trial. The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.

(c) If a designated trial attorney has such a number of cases assigned for trial in courts of this state so as to cause undue delay in the disposition of such cases, the administrative judge may require the trial attorney to provide a substitute trial attorney. If the trail attorney was appointed by the Court, the Court shall appoint a substitute trial attorney.

(5) Judgment Entries:

(a) Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry. That entry shall be submitted to opposing counsel within five (5) days of the decision. Opposing counsel shall approve or reject the entry within five (5) days. Within fifteen (15) days of the decision, the journal entry shall be submitted to the Judge, or thereafter, the Court will prepare the journal entry and an additional cost of $25.00 per page shall be assessed against the defaulting party.

(b) Entries of settlement may be filed at any time. The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case will be dismissed for want of prosecution.

(c) Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fifteen (15) days or the case will be dismissed for want of prosecution.

(d) The journal entry shall allocate the court costs between or among the parties.

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