HURON COUNTY COMMON PLEAS COURT

2 East Main Street, Courthouse

Norwalk, Ohio 44857

Telephone......(419) 668-6162

Fax.........(419) 663-4048

COURT STAFF

Judge.............................................................................................................. James W. Conway

Magistrate ......................................................................................................... Bradley E. Sales

Court Administrator.............................................................................................. Linda Stower

Assignment Commissioner......................................................................... Sharron L. Robinson

Official Court Reporter................................................................................ Yolanda L. Walton

Secretary ................................................................................................................ Julie A. Wise

Intensive Supervision Probation Officer.............................................................. Andrea Cooke

Probation Secretary........................................................................................... Valerie O’Brien

CLERK OF COURT STAFF

Telephone ..... (419) 668-5113

Fax..... (419) 663-4048

Clerk of Court...................................................................................................... Susan S. Hazel

Chief Deputy Clerk............................................................................................... Nancy Sisson

Accounts Manager..................................................................................................... Judy Siesel

Civil/Domestic......................................................................................................... Jeanne Jones

CJ/TC Filings/Bookkeeping............................................................................. Sanchia Roderick

Case File Information/Civil/Domestic/Passports............................................... Margaret Hardy

Jury/Civil/Domestic ................................................................................................. Stacy Oney

BCI & I /Criminal/Court of Appeals ....................................................................... Lori Wilken

INDEX

RULE

1. Administration of Civil and Criminal Litigation

3. Term of Court

5. Hours of Session

6. Jury Management Plan

7. Court Administrator and Official Reporter

8. Dockets, Calendars and Indexes

9. Files

11. Security for Costs

13. Bail or Surety

14. Communications With Judge and Magistrate

15. Pleadings

16. Facsimile Filing

17. Rule Day Extensions

19. Discovery

21. Depositions

23. Certificate of Services

25. Civil Motions and Hearings

27. Transcripts and Exhibits

28. Dismissals

29. Withdrawal of Counsel

30. Substitution of Counsel

31. Pre-trial Procedure for Civil Cases

32. Assignment of Civil Cases for Trial

33. Conduct of Counsel at Trial

34. Continuances

INDEX (Con’t.)

RULE

35. Criminal Cases

35.01 - Purpose

35.02 - Bail

35.03 - Application for Nolle Prosequi

35.04 - Grand Jury Transcripts

35.05 - Grand Jury - Failure to Timely Indict

35.06 - Arraignments

35.07 - Discovery

35.08 - Continuance of a Criminal Case

35.09 - Indigent Defendants

35.10 - Preliminary Motions

35.11 - Conduct of Attorneys

35.12 - Bail Forfeiture

35.13 - Inactive Criminal Cases

35.14 - Daily Copies of Transcripts

35.15 - Certification of Assets

35.16 - Disclosure of Presentence Reports

35.17 - Sentencing Memoranda

35.18 - Post-Conviction Determination of Constitutional Rights

35.19 - Search Warrants

35.20 - Expungements

39. Entries

41. Default Judgments

43. Cognovit Judgments

45. Notaries Public

47. Appeals to the Common Pleas Court

49. Juries

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50. Court Security

51. Agreements

53. Foreclosure, Quiet Title and Partitions Actions

55. Receivership

Index (Con’t.)

57. Sheriff’s Sales

59. Court Magistrates

63. Media Recording of Proceedings

65. Arbitration

67. Mediation

68. Civil Protection Orders

69. Domestic Relations

69.01 - Deposit for Costs

69.02 - Venue

69.03 - Pleadings

69.04 - Exhibits

69.05 - Magistrates and Objections to Magistrate’s Decisions

69.06 - Property Division Guidelines

69.07 - Procedures

69.08 - Post-Decree Motions

69.09 - Dissolutions and Uncontested Divorces - Final Hearings

69.10 - Attorney Fees

69.11 - Filing of Required Documents

69.12 - Current Addresses

69.13 - Dismissal of Cases for Want of Prosecution

69.14 - Sanctions

69.15 - Continuances

69.16 - Medical Reports and Evidence in Domestic Relations Cases

69.17 - Extraordinary Expenses for Minor Child(ren)

69.18 - Visitation

69.19 - Genetic Testing

69.20 - Home Study and Custody Evaluation Procedures

69.21 - Dismissals

69.22 - Court Sponsored Parenting Class

69.23 - Motions for Emergent Matters

69.26 - Qualified Domestic Relations Orders and Other Orders Apportioning

Pension/Retirement Benefits in Divorce/Dissolution Cases

70. Bankruptcy Filings by Parties

LOCAL RULES OF PRACTICE

HURON COUNTY COURT OF COMMON PLEAS

RULE 1.ADMINISTRATION OF CIVIL AND CRIMINAL LITIGATION

FOR HURON COUNTY, OHIO

EFFECTIVE DATE: This section applies to all civil and criminal cases filed in or transferred to Huron County Common Pleas Court after July 1, 2006. All local rules filed before July 1, 2006, are hereby revoked.

POLICY

It is the policy of the Huron County Common Pleas Court to adopt and follow the American Bar Standards relating to court delay reduction as follows:

1.01 - Caseflow Management: General Principle.

From the commencement of litigation to its resolution, this Court is committed to just and efficient resolution of cases. The Court will control the pace of litigation, reduce delay and maintain a current docket.

1.02 - Case Management.

The essential elements which this Court uses to manage its cases are:

(A) Court supervision and control of the movement of all cases from the time of filing of the first document invoking court jurisdiction through final disposition.

(B) Promulgation and monitoring of time standards for the overall disposition of cases.

(C) Rules, conferences or other techniques establishing times for concluding the critical steps in the litigation process, including the discovery phase.

(D) Early identification of cases that may be protracted, and for giving them special administrative attention where appropriate.

(E) Adoption of a trial setting policy which schedules a sufficient number of cases to ensure efficient use of judge time while minimizing resetting caused by over scheduling.

(F) Commencement of trials on the original date scheduled with adequate advance notice.

(G) A firm, consistent policy for minimizing continuances.

1.03 - Standards of Timely Disposition.

The following time standards apply to cases in this Court:

(A) General Civil - 90% of all civil cases should be settled, tried or otherwise concluded within 12 months of the date of case filing; 98% within 18 months of such filing; and the remainder within 24 months of such filing except for individual cases in which the Court determines exceptional circumstances exist and for which a continuing review should occur.

(B) Domestic Relations - 90% of all domestic relations matters should be settled, tried or otherwise concluded within three months of the date of case filing; 98% within six months and 100% within one year.

FELONY - 90% of all felony cases should be adjudicated or otherwise concluded within 120 days from the date of arrest; 98% within 180 days and 100% within one year.

PERSONS IN PRETRIAL CUSTODY - Persons detained should have a determination of custodial status or bail set within 24 hours of arrest. Persons incarcerated before trial will be afforded priority for trial.

1.04 - Matters Submitted to the Judge.

Matters under submission to the Judge or judicial officer will be promptly determined. Short deadlines will be set for party presentation of briefs and affidavits and for production of transcripts. Decisions where possible will be made from the bench or within a few days of submission; except in extraordinarily complicated cases, a decision will be rendered not later than 30 days after submission.

1.05 - Continuance Policy

(A) Continuance of a hearing or trial will be granted only by the Judge or Magistrate for good cause. Extension of time for compliance with deadlines not involving a court hearing will be permitted only on a showing to the Court that the extension will not interrupt the scheduled movement of the case.

(B) Requests for continuances and extensions, and their disposition, will be recorded in the file of the case. Where continuances and extensions are requested with excessive frequency or insubstantial grounds, the Court will adopt one or a combination of the following procedures:

1. Cross-referencing all requests for continuances and extensions by the name of the lawyer requesting them.

2. Requiring that requests for continuances and stipulations for extensions be in writing and the litigants be notified.

3. Summoning lawyers who persistently request continuances and extensions to warn them of the possibility of sanctions and to encourage them to make necessary adjustments in management of their practice. Where such measures fail, restrictions may properly be imposed on the number of cases in which the lawyer may participate at any one time.

RULE 3. TERM OF COURT

The Court shall be in continuous sessions for the transaction of judicial business but for the purposes of O.R.C. Section 2313.02 et seq. each calendar year shall be divided into three (3) terms of Court. The January term shall begin on the first Monday following the first day of January; the May term shall begin on the first Monday of May; and, the September term shall begin on the day following Labor Day.

RULE 5. HOURS OF SESSION

The sessions of the general division of this Court shall, unless otherwise ordered by the Judge, being at 8:30 A.M. and close at 4:30 P.M. on Monday through Friday, each week, except on those days designated by law as legal holidays.

RULE 6. JURY MANAGEMENT PLAN

The Court adopts the Jury Management Plan filed in this Court.

RULE 7. COURT ADMINISTRATOR AND OFFICIAL REPORTER

(A) The Judge shall appoint an Administrator who will function as the chief non-judicial officer of the Court. In addition to providing general supervision of the Court’s assignments, probation, jury, budgetary, and personnel systems, the Court Administrator will implement the administrative policy decisions of the Court and perform such other duties as may be assigned by the Court. With the exception of the Magistrate, all other Court personnel, including Court Reporters, shall be under the general supervision of the Court Administrator.

(B) The Official Reporter shall be responsible for the general supervision of the Office of Court Reporters and for the assignment of reporters. Reporters shall report for duty at 8:30 A.M. each working day and shall not engage in any other employment, except with prior approval from the Court or the Court Administrator. In every case reported by the Official or Assistant Reporter, the statutory fee for each day shall be taxed and collected as costs in the case.

RULE 8. DOCKETS, CALENDARS AND INDEXES

The Clerk of the Court shall prepare and maintain for the use of the Judge the following dockets, calendars and indexes:

(A) A general Appearance Docket.

(B) A general Trial Docket.

(D) A separate Execution Docket.

(E) The Clerk shall keep an index to the Appearance and Execution Dockets direct and reverse and to all other books direct.

(F) The Clerk shall prepare and file all Supreme Court reports as directed by the Court.

RULE 9. FILES

9.01 - The Clerk shall use color coded files as directed by the Court.

9.02 - All civil cases, correctly prepared in conformance with Rule 15 herein, received by the Clerk for filing, shall be numbered consecutively in a new series each calendar year. Said number shall carry the prefix of the year, followed by the consecutive number, each year beginning with the number “one”. Example 95-1, 95-2, 95-3; 96-1, 96-2, 96-3.

9.03 - The Clerk shall file together and carefully preserve in his office all papers delivered to him for filing in every action or proceedings.

9.04 - No person, except a Judge of the Court or one of his employees, shall remove any Court papers, files of the Court, or parts thereof from the custody of the Clerk of Courts without the consent of the Judge to whom the case is assigned. Removal of such papers and files shall be in accordance with a procedure approved by the Court.

9.05 - The Clerk shall permit any party to an action or his/her attorney to obtain a copy of any papers in the files of the Court except depositions and transcripts. The Clerk shall require a deposit in advance to secure copying costs.

9.06 - The Clerk shall cause all papers filed in an action to be inserted in the proper case file within 24 hours of the time of filing.

RULE 11. SECURITY FOR COSTS

11.01

(A) No civil action or proceedings shall be accepted by the clerk for filing unless the party or parties offering the same for filing shall have first deposited a sum to secure the payment of the costs that may accrue in such action or proceeding, except as otherwise provided by law. Such advance deposit shall be in accordance with the schedule approved by the Court and prepared and published by the Clerk from time to time.

(B) Upon the filing of COUNTERCLAIM or THIRD PARTY COMPLAINT in any civil action , other than domestic relations, there shall be a deposit with the Clerk as upon the filing of the original Complaint.

(C) Upon the transfer of a case to this Court from the Municipal Court for the reason that a counterclaim is in excess of the Municipal Court’s jurisdictional limit, the counterclaimant shall deposit with the Clerk a deposit for a counterclaim. Any deposit transferred to this Court from the transferring Court shall be credited to the deposit to be filed with this Court.

(D) Upon the transfer of a case to this Court from another court a notice will be sent to parties to pay the balance owed on deposits for the complaint and any counterclaim within thirty (30) days and to inform them that if a party is delinquent, the complaint or counterclaim will be dismissed. After 30 days if the balance owed on deposits is not paid, the complaint or counterclaim for which the balance owed on deposits was not paid will be dismissed. Any deposit transferred to this Court from the transferring court shall be credited to the deposit to be filed in this Court.

Fees Court of Appeals

$ 100.00 Original Actions, Mandamus, Prohibition, Quo- Warranto or Habeas Corpus

$ 150.00 Notice of Appeal - Each Fil