RULE 7

CASE ADMINISTRATION AND DISPOSITION

7.01 Method of Assignment

Judges shall be responsible for the trial and disposition of all civil and criminal cases assigned to their dockets. The judge assigned to a case by lot shall have primary responsibility for the determination of every issue and proceeding in the case until its termination or reassignment.

7.02 Civil Cases

There shall be, for case administrative purposes within the Common Pleas Court - General Division, two classifications of civil cases - Foreclosure cases, which are so designated and otherwise addressed in Local Rules of Practice and Procedure, Local Rule 11, and all other civil cases filed with this Division.

At the time of filing a complaint, the Clerk shall pull a card from a random selection pad, consisting of a stack of electronically-mixed cards of heavy stock, measuring approximately three inches by five inches (3"x 5") and glued on three sides, with a printed consecutive control number and space for stamping a case number. The judge's name shall be hidden on the back of the card so that it is not visible to the Deputy Clerk, the attorney, or any other person. The Deputy Clerk shall stamp the case number on the control card, file, complaint, and the selection pad. The person filing the complaint shall observe the Deputy Clerk as the top card is peeled off and the control card is attached to the case file. The assigned judge's name shall then be stamped on the complaint and summons.

The Clerk of Courts shall establish and maintain a tracking system where all foreclosure cases can be identified by case number so case administration of foreclosure cases can be tracked as a separate category of civil cases from all other civil case filings.

(Effective May 1, 2007)

7.03 Criminal Cases

When a bindover from a Municipal Court or a Bill of Information is received by the Clerk, the Deputy Clerk shall give it a case number, stamping the number on the case file and the transcript.

Upon receipt of the assigned case file from the Clerk, the Criminal Assignment Administrator shall prepare the case for assignment.

The Criminal Assignment Administrator shall maintain a computer listing of the names of all Trial Judges of the General Division of this Court. At the time of arraignment, the Criminal Assignment Administrator shall cause the computer to assign a Trial Judge, at random, with due regard for other prior or pending criminal cases. Assignments shall continue, at random, until each case has been assigned.

Rule updated 12-30-2002

7.03 (A) Drug Court

Criminal cases involving Defendants who meet the eligibility requirements for the Felony Drug Court program and are approved by the judge for entrance into the Felony Drug Court program will be presented by way of bill of information and a waiver of prosecution by indictment. The Clerk of Courts shall assign a number to the bill of information and the criminal assignment commissioner or designee will assign these cases to the judge presiding over Felony Drug Court pursuant to Superintendence Rule 36 (B)(2).

On a weekly basis, the court liaison with the Felony Drug Court will provide the criminal assignment commissioner or designee with the number of cases accepted that week into the Felony Drug Court program. At subsequent felony arraignments, the criminal assignment commissioner will re-assign by random lot a corresponding number of cases lotted to the judge presiding over Felony Drug Court that involve a felony of the fourth or fifth degree.

(Effective April 1, 2002)

7.04 Form of Pleadings

(A) Size and Style

All papers filed in any action or proceeding shall be filed on 8-1/2ä x 11ä paper under the style and number of the case, and shall include the name of the judge to whom the case is assigned, a notation as to the type of case (i.e., Breach of Contract, Personal Injury), a short description of the type of pleading, and any other information required by the Ohio Rules of Civil Procedure. All papers shall remain in the Clerk's office except when required by the Court.

(B) Form for Initial Caption

The face caption of all pleadings filed in civil cases shall provide a blank space of approximately three inches (3ä) in diameter on the upper right portion of the page, sufficient to permit a time-stamp imprint. The face sheet of all complaints filed in civil cases shall provide a horizontal line approximately two and one-half inches (2- 1/2ä) long, placed approximately one-half inch (¸ä) below and parallel to the line provided for the case number. After the complaint is filed, the Deputy Clerk shall stamp the name of the assigned judge on the typewritten line.

(C) Certificate of Service

Every written pleading, motion, brief, memorandum or argument, filed with the Court or judge, shall be served upon all opposing counsel or upon all parties not represented by counsel, and proof of such service shall be shown on or attached to such written pleading, motion, brief, memorandum, or argument. No such paper filed with the Court or judge without such Certificate of Service, shall be considered by any judge, except trial briefs where it has been agreed by counsel that they shall not be exchanged.

7.05 Copies

All filings in criminal cases shall include an original and two (2) copies.

7.06 Security for Costs

No civil action or proceeding shall be accepted for filing without a deposit as security for costs in the sum set forth on the following Schedule of Filing Fees unless otherwise ordered by the Court. When, in the opinion of the Clerk, the security deposit tendered or the documents offered for filing are not in compliance with the rules of this Court, the Clerk may require the party to secure the approval or direction of the Court before accepting the security deposit or documents. If the matter concerns a pending case, approval shall be obtained from the judge to whom the case is assigned. If the matter is not yet a pending case, approval shall be obtained from the Administrative Judge.

7.06 (A)

SUMMIT COUNTY COMMON PLEAS COURT

SCHEDULE OF FILING FEES

Rule is effective from 1st day of February, 2007

7.06 (B) Poverty Affidavit

If the party initiating a civil action believes that he/she is unable to pay the costs of filing a complaint in a civil action, a counterclaim and/or a third-party claim, then such person shall submit a Poverty Affidavit on the form prescribed by the Court requesting to have such charges waived. If an attorney for the party is to be counsel of record, then that attorney shall complete the attorney's portion of the Affidavit.

The completed Affidavit shall be submitted to the Clerk of Courts, who shall conditionally accept the complaint, counterclaim or third-party claim, and submit the Affidavit to the assigned trial court for approval. The assigned trial court, in the space provided on the form, shall provide a brief written acknowledgement that the court is presently satisfied with the veracity of the Affidavit and return the form the Clerk of Courts, who shall process the filing without charge. If disapproved, the court shall conduct a hearing and schedule the same by separate order.

Once the case is assigned to a trial court, the trial judge may, at any time in the proceedings, make further inquiry into the sufficiency or credibility of the Affidavit, or otherwise hold a hearing on the party's ability to pay the cost as referred to above. Should the trial court find that the Affidavit lacks credibility or veracity, the court may order the party filing such Affidavit to forthwith pay all such cost waived initially by the filing of the Affidavit, and if not done, then enter adverse judgment as to that party up to and including dismissal with prejudice.

Rule is effective from 1st day of May, 2008

7.07 Responsibility for Costs

All entries or orders terminating or dismissing any case shall designate the party responsible for payment of court costs. No extraordinary items shall be taxed to costs unless approved, in writing, by all counsel, or by order of a judge. Any request to tax as costs, except as stated herein, shall be returned to the sender.

7.08 Application of Deposit

The Clerk is authorized to apply plaintiff's deposit to the costs when, after ninety (90) days from the date of final termination of the case, all attempts to collect the costs from the defendant have failed.

7.09 Disqualification of Judge

In the event a judge is disqualified for any reason to sit on an assigned case, the judge shall, by making the appropriate entry in the record of the case, refer the case to the Administrative Judge for reassignment. The Administrative Judge shall keep a reassignment schedule and shall order the case transferred to another judge.

Any judge appointed or elected to succeed another judge shall assume the cases assigned to the predecessor. In the event of the protracted illness of a judge or the unduly prolonged time for trial of some unusual assigned case(s), the Administrative Judge may order such reassignment of cases to another judge of the division or to a visiting judge as necessary.

7.10 Refiled Cases

Unless otherwise ordered by the Administrative Judge, civil or criminal cases that have been dismissed and are subsequently refiled, shall be transferred to the docket of the judge to whom the case was assigned at the time of dismissal.

If a case is dismissed and subsequently refiled, the refiled complaint shall contain under the case number the statement: ãThis is a refiled case,ä and the name of the judge to whom it was previously assigned. The case shall remain assigned to that judge.

7.11 Reassignment of Cases

The Administrative Judge may reassign any case in furtherance of justice or to facilitate the orderly and efficient disposition of cases pending before the Court. Upon the reassignment of any case, the Clerk shall enter the name of the reassigned judge upon the jacket and trial docket sheet of the case.

7.12 Continuances

When a case has been assigned a trial date, no continuances may be granted except upon showing good cause to the assigned judge. If the assigned judge is ill, absent from the county, or otherwise unavailable for a period of more than twenty-four (24) hours, to consider a request for continuance, the request may then be made to the Administrative Judge. The Administrative Judge may, upon showing of good cause, grant the continuance. However, such hearing by the Administrative Judge shall be confined to emergencies where the trial date is imminent, and it appears that the assigned judge will be unable to rule on the requested continuance within a reasonable time before the trial date.

7.13 Leaves to Plead

In all cases, a party desiring a leave to plead shall adhere to the following procedures:

(A) First - By Certification

When no previous leave to plead has been taken, a party may obtain one automatic leave to plead by filing a certification stating that no previous extensions or leaves to plead have been obtained by that party in that particular case. Such leave to plead may not be for more than twenty-one (21) days, and a copy of the certification must be served upon opposing counsel.

(B) Second - By Stipulation

One additional leave to plead may be obtained by a party for a period of not more than twenty-one (21) days by the filing of a stipulation indicating consent by opposing counsel to the leave to plead. In such stipulation, the party obtaining the leave to plead shall certify the number of extensions of time previously obtained by that party in that case, and the total length of time of those extensions.

(C) Additional Extensions

Except as provided herein, additional extensions of time may be obtained only upon order of the assigned judge. Application for such leaves to plead shall be made by written motion setting forth the number of previous extensions obtained by the moving party and the total length of time of those extensions.

7.14 Motions

(A) Form of Motions

Every motion filed shall be accompanied by a brief stating the grounds upon which it is based, and a citation of authorities relied upon to support the motion. Within ten (10) days after receipt of a copy of a motion, except a motion for summary judgment, opposing counsel shall prepare and file a response to the motion setting forth statements relied upon in opposition. Every motion so filed shall be deemed submitted and shall be determined upon the written statements of reasons in support or opposition, as well as the citation of authorities. At any time after fourteen (14) days from the date of filing of the motion, the assigned judge may rule upon the motion. In the interest of justice, the assigned judge may enter a ruling at an earlier date if so required.

(B) Oral Argument

Counsel may request oral argument on any motion. However, the granting of such oral argument will be at the sole discretion of the assigned judge. If oral argument is granted, it will be heard at a time set by the assigned judge. Notice by telephone to counsel's office from the assigned judge's bailiff shall be deemed sufficient notice of the time and place of hearing.

(C) Motion for Summary Judgment

(1) A party opposing a motion for summary judgment made pursuant to Civil Rule 56 may file a brief in opposition with accompanying evidentiary materials (as permitted by Civil Rule 56(C) within fourteen (14) days of service of the motion. The movant may file a reply brief in support of the motion within ten (10) days of service of the brief in opposition. The movant's reply brief shall not refer to or include any additional evidentiary materials without agreement of the parties or leave of the Court. Additional reply briefs may only be filed with leave of the Court only upon a showing of good cause.

(2) Unless otherwise ordered by the Court, motions for summary judgment shall be heard on briefs and accompanying evidentiary materials (as permitted by Civil Rule 56(C) without oral argument.

(D) Assignment of Hearings

Assignment of hearings on motions for restraining orders, temporary injunctions, summary judgments, or other special proceedings to be heard by the Court on motion as are provided and required by the Ohio Rules of Civil Procedure, shall be made by and through the bailiff of the assigned judge, and notice of such hearing assignment shall be provided to all parties by service in accordance with Civ.R. 5(B).


Effective September 1, 2004

7.15 Orders and Judgments

No judgments or orders of any nature shall be made in a case except by a judge, to whom the case has been assigned, or the Administrative Judge. If the assigned judge is unavailable, any judge of the General Division may sign such orders where counsel for all parties have agreed and affixed their signatures thereto.

7.16 Order Not Constituting a Judgment

The written finding of the Court following the Court's decision on any matter in controversy during the pendency of any case not constituting a judgment as defined by Civ.R. 54(A), shall be considered for all purposes to be the order of the Court. In the event further motions or pleadings are required by the Ohio Rules of Civil Procedure to be filed within a specified time following an order, such time period will be calculated from the date upon which the finding was mailed to counsel or to a party, if not represented by counsel.

7.17 Judgment Orders

Upon a finding by the Court on a matter described by Civ.R. 54(A), or upon the rendering of a verdict by a jury, a written judgment order conforming to the finding or verdict shall be prepared and filed as follows:

(A) Approved by Counsel

Within seven (7) days after such finding by the Court or rendering of a verdict by jury, counsel for the prevailing party shall submit to the Court, for approval and filing, a judgment order approved by opposing counsel.

 (B) Proposed Judgment Orders

Within ten (10) days after finding or verdict, prevailing counsel shall, and other counsel may, provide to opposing counsel, a copy of a proposed order together with a notice that said order will be submitted to the Court for approval and filing at a time to be assigned by the Court, at which time the Court shall determine the content of the judgment order.

(C) Order Entered by the Court

At any time, the Court may enter its own judgment order.

(D) Post-Verdict Motion Practice

In the event of a finding or verdict on eligible future damages in excess of $200,000.00, any motion to determine that a portion of the payment is to be made in periodic partial payments, shall be made within fourteen (14) days of the verdict or determination in favor of the plaintiff. This filing deadline applies to suits against municipalities without any limitation on amounts.

Hearings on the submitted proposal and a judgment rendered thereon must be made within sixty (60) days of said finding or verdict, whenever possible, unless the Court and parties agree otherwise.

(E) Post-Judgment Motion Practice

Motions made for prejudgment interest, consistent with R.C. 1343.03(C), may be made after verdict, but in no event any later than fourteen (14) days from the judgment entry. The Court may conduct a hearing after allowing the parties the general discovery provisions under the Ohio Rules of Civil Procedure concerning such motions and hearings.

Motions made to tax as costs items delineated in C.P.Sup.R. 12 shall be made within fourteen (14) days of the judgment entry. Motions made on the basis of frivolous conduct, consistent with R.C. 2323.51(B), may be made anytime prior to commencement of trial, but in no event later than twenty-one (21) days of the judgment entry.

The Court shall, upon notice to all parties, conduct a hearing consistent with R.C. 2323.51(B)(1), and render a decision within sixty (60) days of the judgment entry whenever possible, unless the Court and the parties agree otherwise.

(F) Other Post-Judgment Motions

Any other motion not contained in Sections (D) and (E) of this Rule, must be filed within the prescribed time limits of the Ohio Rules of Civil Procedure, any statutory law or case law interpreting such motion practice. The Court may conduct hearings on these motions and shall render its decision within sixty (60) days of the entry of judgment whenever possible, unless the parties agree otherwise.

7.18 Dismissal of Civil Cases

Each judge shall review or cause to be reviewed quarterly, all assigned cases which have been on the docket for six (6) months and in which no proceedings have taken place. When the assigned judge's docket reveals no activity in the previous six (6) months and no assigned trial date, such cases shall be published for dismissal with mail notice to all counsel. On the date assigned, the case shall be dismissed, or upon showing good cause, set for trial or other disposition as ordered by the Court, all in accordance with C.P.Sup.R. 7 through 9.

7.19 Record of Case Assignment

The Civil Administrator and the Criminal Assignment Commissioner shall each maintain a current file of all cases assigned to each judge so that a complete docket of pending civil and criminal cases is available at all times to each judge. The Civil Administrator shall maintain a trial assignment book of all trial and pretrial dates for each judge, unless otherwise ordered by the assigned judge.

7.20 Withdrawal of Counsel

It is contemplated that counsel who has entered an appearance in a case shall remain in the case until concluded. However, upon written motion for leave to withdraw from the action for good cause shown, the Court may permit counsel to withdraw. In such case, counsel shall certify that the client and all other counsel-of-record have been notified.

7.21 Retention and Disposal of Court Reporter Notes, Depositions, Transcripts and Exhibits

(A) Retention of Court Reporter Notes

Upon the trial of a civil or criminal action or other oral proceedings in the Summit County Court of Common Pleas, General Division, the trial judge shall request that a court reporter take accurate notes of the testimony. These notes shall be retained by the official court reporter and shall be carefully preserved for a period of five (5) years for a civil action, ten (10) years for a criminal action, and permanent for capital murder cases.

(1) Time for retention shall be calculated from the date of final judgment entry. In the event that an appeal transcript has been filed, the notes of such case may be disposed of one (1) year after the filing of such transcript.

(B) Form of Exhibits

Any exhibits which are to become part of the permanent record of the Court shall be limited to 8 1/2" x 11" in size, unless not practical or possible as determined by the trial judge. It shall be the responsibility of trial counsel to ensure that any exhibits larger than standard size are reduced for inclusion into the permanent record.

(C) Disposal of Exhibits and Depositions

(1) At the conclusion of a civil trial or other civil proceeding, including times for direct appeal, the court reporter may destroy exhibits and depositions if all of the following are met:

a). The court reporter must notify the party who tendered the exhibits or depositions, in writing, that the party must retrieve the exhibits or depositions within sixty (60) days after the appeal period or ninety (90) days if there is no appeal.

b). The written notification provided in (C)(1)(a) must inform the party who tendered the exhibits or depositions that these documents will be destroyed within sixty (60) days of the notification.

c). The written notification provided in (C)(1)(a) must inform the party who tendered the exhibits or depositions of the location for retrieval of the exhibits or depositions.

(2) At the conclusion of a criminal trial or other criminal proceeding, where property is entered into evidence by the Summit County Prosecutor's Office, the evidence shall be transferred out of the custody of the court reporters in the following manner:

a). In cases where the defendant is found not guilty, the evidence shall be returned to the Prosecutor immediately or within five (5) days of the not guilty verdict.

b). In cases where the defendant is convicted of an offense, the exhibits will be held by the court reporter for sixty (60) days (including the thirty (30) day appeal period). After the sixty (60) day period has expired, the court reporter is charged with the responsibility of notifying the Arresting Agency in writing that a timely appeal has not been filed. The Arresting Agency shall then be responsible for transffering the evidence within thirty (30) days from the courthouse to the Agency's Property Room.

c). The written notification provided in (C)(2)(b) must inform the Arresting Agency of the location for retrieval of the exhibits. The notification must also inform the Arresting Agency that the exhibits will be destroyed within sixty (60) days from the date of the written notification (with the exception of cases involving Aggravated Murder, Murder and Rape or other cases as ordered by the Court).

d). In cases where a timely appeal has been filed, the evidence shall be transferred to the Court of Appeals by the court reporter pursuant to existing policy and procedure.

(D) Compliance with County Records Commission

In accordance with ORC Section 149.38, this policy for the retention and disposal of court reporter notes, exhibits, depositions and transcripts is subject to the approval of the Summit County Records Commission. Additionally, these documents have been determined to be public records pursuant to ORC 149.43 and therefore, must have the approval of the County Records Commission, the Auditor of State and the Ohio Historical Society prior to their disposal.

Effective November 1, 2004

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