Login | November 24, 2017

RULES OF PRACTICE AND PROCEDURE

of the
COURT OF COMMON PLEAS
GENERAL DIVISION

of
SUMMIT COUNTY, OHIO


21. CRIMINAL CASE FLOW MANAGEMENT

21.01 Purpose

The purpose of these Rules is to provide the fairest and most expeditious administration of criminal justice within the requirements of the Ohio Rules of Criminal Procedure, the provisions of the U.S. and Ohio Constitutions, and the Ohio Revised Code. These rules, promulgated pursuant to C.P.Sup.R. 9, shall be construed and applied to eliminate delay, unnecessary expense, and all other impediments to a just determination of criminal cases.

21.02 Limitations as to Time

Recognizing the “right to speedy trial”, as guaranteed in the Ohio Constitution and delineated in R.C. 2945.71, .72, and .73, that all criminal cases shall be concluded 270 days after arrest or 90 days from arrest if the defendant is in jail, the further requirement of C.P.Sup.R. 8(B), recommending disposition of a criminal case (felony) within six months of arraignment, it shall be the responsibility of the assigned trial judge to schedule all motions, pretrials, conferences, and final trial date for disposition within the confines of those laws and rules.

21.03 Assignment of Cases

(A) A new criminal case, which is scheduuled for arraignment, shall be arraigned before the General Division Chief Magistrate, or in the absence or unavailability, by an acting magistrate, or one of the assigned General Division Judges. At such centralized arraignment, such case shall be assigned by lot pursuant to the individual assignment system as provided for in Ohio Superintendence Rule 36, upon receiving the bindover paper from the municipal court, or in the alternative by the direct indictment system adopted by some municipal courts in Summit County. A case is considered a General Division Common Pleas Court case when the Clerk of Courts has received the document from the municipal court or direct indictment agency and has assigned it a Common Pleas Court criminal case number.

(B) An Assistant County Prosecutor is assigned to each case and has the responsibility to present the assigned cases to the Grand Jury. This method of assignment prior to arraignment is consistent with the assigned judge's schedule and also allows the assigned judge to review the bond set by the Municipal Court, if an open indictment, and hear any other motions if there be any delay between the bindover and the Grand Jury proceeding. All other matters or motions on that case brought by defense counsel may be reviewed then to that Court that is assigned prior to arraignment. The Assistant Prosecutor so assigned shall expeditiously present the matter to the Grand Jury.

It shall be the responsibility of the Prosecutor to screen those persons in the Summit County Jail who have been bound over to the Common Pleas Court, so those persons are reviewed immediately and presented prior to those awaiting indictment and on bond.

21.04 Service of Indictment and Arraignment

(A) The Court shall cause a notice and indictment to be served upon the defendant and said notice shall contain the name of the judge assigned and the arraignment date, preferably in one week from the service of the indictment or not more than two weeks, as consistent with the Court's “call day” for arraignment of criminal cases.

(B) The assigned judge shall arraign the defendant, and if no plea of guilty is entered, set a pretrial conference within three (3) weeks from date of arraignment.

21.05 Pretrial Conference

Having assigned a pretrial date at the arraignment, the Court shall then proceed to hold a conference with the Assistant Prosecutor assigned and the defense counsel to determine the following:

(1) status of discovery;

(2) whether a plea or trial is anticipated;

(3) motions to be filed; and,

(4) trial date if no plea is anticipated due to the pretrial conference.

21.06 Duties of Counsel

It shall be the responsibility of the Assistant Prosecutor assigned and the defense counsel, to carry out the policy of “open-file discovery”, as is the custom of this Court and the Prosecutor's office. Defense counsel must, between the time of arraignment and pretrial, review the Prosecutor's file for pertinent evidence and factual determinations as to the truth of the charge so that meaningful discussion shall be had at the pretrial conference regarding plea or trial.

It shall be the responsibility of the Assistant Prosecutor assigned, to have available early and open discovery of pertinent evidence and availability of lab tests that they intend to introduce into evidence. It shall be the responsibility of the Court to supervise and monitor the handling of the discovery, and determine whether or not motion dates, if requested, are set for evidentiary hearing or ruling, as the case may be.

21.07 Sentencing

If, upon a plea or conviction, the Court shall set sentencing with or without a pre-sentence investigation, as the cause directs pursuant to C.P.Sup.R. 8(C).

21.08 Post-Judgment Proceedings

All post-judgment and post-sentence proceedings shall be set by the Court with notice to all parties, pursuant to C.P.Sup.R. 8(D) and the Ohio Revised Code where post-judgment proceedings are allowed.

 

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