A. PURPOSE
The purpose of this rule is to establish, pursuant to Sup.R. 5(B)(1), a case management plan for the purposes of ensuring the readiness of cases for pretrial and trial, and maintaining and improving the timely disposition of cases. Separate provisions have been established for the following civil matters, which are considered special proceedings, and are not included in the case management plan: 1.) small claims; 2.) forcible entry and detainer; 3.) default hearings; 4.) rent escrow; 5.) replevin, 6.) motion to cite; 7.) garnishment hearings; and 8.) debtor’s examinations.
B. TRANSFER OF CASES
Transfer of cases among the area courts, due to conflict of interest, shall be done by random lot drawing.
C. SCHEDULING OF EVENTS
The time within which an act is required to be done under these rules shall be computed in accordance with Ohio Civil Rule 6 and Ohio Criminal Rule 45. Cases 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.
D. SERVICE OF PROCESS AND ENTRY
In cases where counsel fails to obtain service of process within six (6) months, the clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary. In cases where service of summons is perfected and the defendant fails to respond to the complaint within twenty eight (28) days the clerk shall, within fourteen (14) days, notify counsel for the plaintiff of the default and that failure to submit an entry within fifteen (15) days may result in the case being dismissed.
E. PRETRIAL PROCEDURES
1.) Civil Cases
The court may, at its discretion and without a request or motion of a party, direct the attorneys for the parties to appear before it for a pretrial conference to consider and accomplish those objectives set forth in Rule 16 of the Ohio Rules of Civil Procedure.
2.) Criminal Cases
Pursuant to Rule 17.1 of the Rules of Criminal Procedure, the court shall not conduct pretrial conferences in any case in which a term of imprisonment is a possible penalty unless counsel represents the defendant or counsel has been waived pursuant to Crim. R. 44. In any case in which the defendant is not represented by counsel, any pretrial conference shall be conducted in open court and shall be recorded as provided in Crim. R. 22.
F. HEARINGS & PLEADINGS
After any responsive pleading is filed, the clerk shall immediately forward the pleading and file to the Judge so the matter may be set for a hearing. If no action has been taken on a file for a six (6) month period and the case has not been set for trial, then the Clerk shall notify the parties that the matter will be dismissed within one (1) week unless good cause is shown.
In a criminal case, the Court will notify the prosecutor and the defendant, at his or her last known address, or his or her attorney of record of the hearing date. At its discretion, the Court may notify the complaining witness (either a private citizen or a police officer) of the hearing date.
G. JURY TRIAL DEMAND OR WAIVER
A demand for a civil jury trial shall be made as required by Civil Rule 38. In a criminal case, once a written demand for a jury trial has been filed, any subsequent waiver of the jury trial shall be made in writing at least five (5) working days prior to the trial date. Failure to abide by this rule shall result in the defendant paying all jury fees and expenses incurred by such jury demand. All other costs incurred as a result of a jury demand shall be assessed as provided by these rules.
H. SETTLEMENTS
When a file has been marked “settlement to come” and the entry has not been received within thirty (30) days, then the Clerk shall notify the party that his or her case will be dismissed unless the entry is received within ten (10) days of the party being notified.
I. ALTERNATIVE DISPUTE RESOLUTION
Each area court offers the services of a neutral third-party mediator to litigants as an alternative to going to trial to settle their dispute. Forms to schedule a mediation session are available at each area court.