Court Rules Continued... Pg. 5

IV CASE MANAGEMENT IN SPECIAL PROCEEDINGS

1. PURPOSE: The purpose of this rule is to establish, pursuant to M.C. Sup. R 18, a case management system for special proceedings to achieve a prompt and fair disposition of these matters. The following civil matters are considered special proceedings and may be heard by a judge or acting judge, to wit: small claims, forcible entry and detainer, default hearings, rent escrow, replevin, motions to cite for contempt, garnishment hearings, debtor’s exams and B.M.V. hearings. The following criminal matters are considered special proceedings and may be heard by a judge or acting judge, to wit: preliminary hearings, extradition hearings and motions for temporary protection orders.

2. SCHEDULING OF EVENTS: Special proceedings that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing. In all other special proceedings, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.

3. CLERICAL STEPS:

A. In all new special proceedings, if counsel fails to obtain service of summons within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) day unless good cause is shown to the contrary.

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

C. 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.

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

V JURY MANAGEMENT

1. SELECTION AND NOTICE: Jurors for the Court shall be drawn at the time and place corresponding to when jurors are drawn for the January, May and September terms of the Morrow County Court Common Pleas Court and in the manner provided by O.R.C. Chapter 2313. The number of Jurors selected shall be sufficient to insure that prospective jurors not be called to serve on a rotating basis more than every five (5) to six (6) weeks.

2. NOTFICATION: The Clerk shall notify each prospective juror of his or her being drawn for jury service an send each prospective juror shall be given a juror questionnaire form to be completed and returned to the Court within ten (10) days. All jurors shall be notified of jury service at least two (2) weeks prior to that service by postal card and each juror shall be provided a telephone number (Jury Hot Line) to call for a recorded message concerning the current status of that service. Each juror shall call that number after 5:00 p.m. on the day prior to his or her scheduled service. If a juror reports for service without calling the hot line number as instructed, no jury service fee will be paid.

3. EXCUSED ABSENCE: Excuse from jury duty shall be limited to the statutory exceptions unless extraordinary circumstances are found by the Judge or any of the following circumstances exist:

A. STUDENTS: A full time post high school student, who lives at or near the school he or she is attending, shall be excused from service unless he or she chooses to serve.

B. MEDICAL: A person may be excused for medical reasons if his or her request for excuse is accompanied by a physician’s statement describing the nature of the condition and the doctor’s opinion that the condition will interfere with or prevent jury service.

C. VACATION: A person may be excused for a scheduled vacation if his or her request for excuse is accompanied by documentation verifying same, i.e., travel or room reservations, etc.

D. PRIOR SERVICE DURING TERM: Once called and seated as a juror that juror may be excused from further call unless the number of Jury Trials necessitates recall.

E. MISCELLANEOUS: A juror may, upon reasonable request, be allowed to transfer his or her service to the next scheduled trial date.

4. ALTERNATE JURORS: Unless the trial is expected to exceed three (3) days only (1) alternative juror shall be selected.

5. JURY ACCOMMODATIONS: When a juror reports of service, the bailiff shall give him or her a juror badge and seat the prospective juror in the Courtroom to the exclusion of all persons except other jurors. The courtroom shall also serve as the jury deliberation room at the conclusion of the trial. All material except those needed for proper deliberation shall be removed from the Courtroom. The Court Reporter or Bailiff shall be stationed at the door of the courtroom to insure privacy and to alert the Court to any communication from the Jury.

VI COURT SECURITY

The Court Security Manual as adopted by the Courthouse Security Committee or those portions thereof pertinent to the operation of the Court shall be attached herto as Appendix B, but no circulated with copies of these rules.

VII EFFECTIVE DATE

These Rules will be in effect as of the 1st day of October, 2003.

                                                           Honorable Lee. W. McClelland

Judge, Morrow County Municipal Court

                                                           Date: October 1, 2003

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