RULE 12 - CASE MANAGEMENT

The purpose of this rule is to establish, pursuant to M.C. Sup. R. 18, a system for case management which will provide the expeditious, fair and impartial administration of cases. These rules shall be construed and applied to eliminate unnecessary delay and expense for all parties involved in the Court justice system.

(A) Traffic and Criminal Cases
(1) Pretrial Conferences: After initial appearance, all first degree, second degree and third degree misdemeanors shall be set for pretrial by the assignment commissioner within thirty (30) days at the request of the defendant, prosecutor, or by the Court's own motion. All other misdemeanors shall be set for trial unless the Judge orders a pretrial in said case.
The pretrial shall be conducted in accordance with Criminal Rule 17.1 and, if necessary or ordered, a memorandum of the matters agreed upon should be filed in the case. Any attorney who fails to appear for pretrial without just cause being shown may be subject to contempt of Court. Failure of the defendant to appear for pretrial conference may result in the issuance of a capias for the defendant's arrest. If the parties cannot resolve the case, then the case should be set for trial before the Court unless a jury is timely demanded.

(2) Motions: All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel. Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure. All motions shall be set for oral hearing, unless otherwise ordered by the Court.

(3) Trials: Each case not resolved at pretrial shall be set for trial to Court. If a jury demand is timely filed, then 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 plea or jury cost will be assessed to their case.

(4) Sentencing: Sentencing hearings shall be set within seven (7) days from trial if no pre-sentence report is requested. If the Court requests the pre-sentence report, the Court will set the hearing for sentencing within fifteen (15) days of receipt of that report unless additional time is warranted or required.

(B) General Civil Cases
(1) The summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the Clerk of Court shall notify counsel immediately. If counsel fails to obtain service of summons within six (6) months from the date the case has been filed, then the Clerk of Court 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 of Court shall notify counsel of the default and that a failure to submit a motion for default within thirty (30) days may result in the case being dismissed.
See Local Rule 16.

(3) After any responsive pleading is filed, the Clerk of Court 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 seven (7) days unless good cause is shown.

(5) The avoidance of trial by settlement shall be allowed without the filing of a journal entry provided, however, that notice has been received by the Court prior to the trial or hearing that the case has been settled and the settlement agreement and/or judgment entry is forthcoming. When a file has been marked to be held for settlement entry and the judgment entry has not been received within twenty (20) days, the Clerk of Court shall notify the party that his or her case will be dismissed unless the entry is received within ten (10) days.
See Local Rule 17.

(6) Status Hearing: After an answer is filed, the Clerk will forward the file to the Judge. The Court will then set a status hearing which may be heard in Court or by phone. The purpose of the status hearing is to set discovery and motion deadlines so a formal pretrial can be set. The status call shall be scheduled within forty-five (45) days of the closing pleading.

(7) Motions: All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel. Opposing counsel shall respond in writing within fourteen (l4) days of service of the motion. All motions will be considered submitted at the end of the said fourteen (14) day period unless time is extended by the Court, in accordance with Local Rule 8.

(8) Pretrial Conferences: For the purpose of this rule, "pretrial conference" 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. Any attorney for a party to the action who fails to attend at a scheduled pretrial conference, without just cause being shown, may be subject to contempt of Court. Notice of pretrial conference shall be given to all counsel on record by mail, facsimile transmission, or by telephone from the assignment commissioner not less than ten (10) days prior to the conference. Counsel attending the pretrial conference must have complete authority to stipulate on items of evidence and must have full settlement authority, or have their clients available to do so. The primary purpose of the pretrial conference shall be to discuss settlement and trial preparation. Pretrial conferences may be in person or by telephone, as ordered by the Court. 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 the trial. The Court may file a pretrial statement to become part of the record and the case embracing all stipulations, admissions, and other matters which have come before it in the pretrial. 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. See Local Rule 10.

(9) Failure to Appear: The Judge presiding at pretrial 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 or her counsel to appear in person at any pretrial conference or trial; or 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 pretrial conference or trial as required; or to make such other order as the Court may deem appropriate under all the circumstances. If the case cannot be settled at pretrial, then the case will be set for trial at a time agreeable to all parties.

(10) Continuances: No party shall be granted a continuance of a trial or hearing without a written motion from the party or his counsel stating the reason for the continuance. See Local Rule 13. 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. 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 trial attorney was appointed by the Court, the Court shall appoint a substitute trial attorney.

(C) Forcible Entry & Detainer Proceedings
(1) Hearing: All claims for forcible entry and detainer shall be set for hearing before the Judge or referee, pursuant to the time limits set forth in chapters 1923 and 5321 of the Ohio Revised Code. At that hearing, the Ohio Rules of Evidence and the applicable Ohio Rules of Civil Procedure will be applied. The Judge or referee shall, at the conclusion of the hearing, on the first cause of action file written findings within seven (7) days and cause a copy to be served on the plaintiff and defendant. If the plaintiff also files a second cause of action for money damages in the complaint, the hearing for that second cause shall be continued, and scheduled for hearing at a later date within sixty (60) days of the hearing on the first cause for eviction.

(2)Judgment Entries: The Court shall review the findings of the referee weekly and enter the appropriate judgment entry.

(3) Objections to Referee's Findings: The referee shall, at the conclusion of each case, serve a copy of his or her findings upon the plaintiff and defendant and inform the parties that they may file objections to the referee's findings within fourteen (14) days, in writing. The objections to the referee's findings should state, with specificity, the reason a new hearing is requested. No oral hearing will be granted on the objections except by order of the Court. The Court shall, after consideration of the reasons in the objections to the referee's findings, rule on said objections to referee's findings within fourteen (14) days of the filing of the objections.

(4) If an answer or jury demand is filed in a forcible entry and detainer case, then the Clerk shall forward the case to a Judge so the case can be scheduled for trial. As a condition for jury trial, the defendant shall be required to post a sufficient bond in accordance with the provisions of Section 1923.08 of the Ohio Revised Code.

(5) With respect to a claim for money damages, the defendant is required to provide the Court with a current address. Notwithstanding the defendant's compliance with this rule, the plaintiff is required to make a good faith attempt to serve the defendant as his or her last known address. Failure to do so may be grounds for vacating a prior judgment.

(D) Small Claims Cases
(1) A small claim action is commenced by filing a small claims complaint pursuant to Ohio Revised Code Section 1925.04. No defendant is required to file an answer or statement of defense. Should the defendant fail to appear for the hearing, however, after being duly served, then a default judgment will be entered against said defendant. All pleadings will be construed to accomplish substantial justice.

(2) Upon filing of motion and affidavit, as required by Ohio Revised Section 1925.10, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid. Requests to transfer which are made solely for the purpose of delay may result in sanctions, including dismissal and/or default judgment, as well as attorneys fee.

(3) Hearing: The hearing in Small Claims Court may be conducted by the Judge or referee. The Judge or referee shall place all parties who plan to offer evidence under oath and then allow the plaintiff and defendant to state their case. The plaintiff and defendant may subpoena and call witnesses if they desire to do so. The Ohio Rules of Evidence and the Ohio Rules of Civil Procedure will not apply to a hearing in Small Claims Court, unless provided by the Court. The referee shall issue a report and recommendation within ten (10) days of the hearing.

(4) Appeal from Hearing: The Judge or referee shall, at the conclusion of each case, serve a copy of his or her finding upon the plaintiff and defendant and inform the parties that they may file objections to the referee's findings within fourteen (14) days, in writing. The objections to the referee's findings should state, with specificity, the reason a new hearing is requested. No oral hearing will be granted on the objections unless specifically requested in writing and supported by sufficient grounds. The Court shall, after consideration of the reasons in the objections to referee's finding, rule on the objections to the referee's findings.

(5) When no objections are filed, the Judge shall review the findings of the referee, and enter the appropriate judgment.

(6) The Court has prepared information sheets for both plaintiff and defendant in small claims. These documents are available from the Clerk of Court. Failure to comply with directives of the information sheets may result in a default or dismissal of the case.

(7) Collection of Judgments: The employees of the Court shall assist the prevailing parties in collecting their judgments pursuant to Ohio Revised Code Section 1925.13.