Adjournments
- When an extension beyond Rule 13.01 is needed or the parties cannot agree, the requesting party must file a written motion supported by an affidavit showing the practical impossibility of pleading within the rule and good cause, serve both on opposing counsel, and attend a hearing set by the Judge.
- By agreement of counsel, a party may receive two leaves to move or plead, provided the total extension does not exceed 45 days; proper consent to plead signed by all counsel must be filed with the Clerk, and agreed extensions need not be submitted for court approval.
- Even if counsel consent, an extension beyond the period permitted by Rule 13.01 still requires the written motion and affidavit.
- +5 more
Request must include
- A continuance request must be filed and served at least fourteen days before the arbitration hearing, except in extreme emergencies or when all parties and the Chairman agree to a continuance date, which must be included.
Document Format Requirements8 rules
with space for the number and blank space of at least three Inches at the top of the first page for endorsement thereon by the Clerk.
11.01 Pleadings, motions and applications shall be legibly typewritten or printed • on letter size paper (approximately 8 1/2" x 11") and shall be securely bound at the top and unfolded.
- Paper size
- Letter
- Pleading
- Motion
- Application
14.01 No pleading or motion shall be amended by Interlineation or obliteration, except upon leave of Court first obtained.
the right of each party to elect to purchase the real estate at the appraised value in writing filed with the Court three days before the date set for hearing
A motion, other than one made during trial or hearing, shall be in writing unless the court permits it to be made orally.
However, in no event shall a party fail to submit requested instructions in writing any later than the close of the evidence at trial or at such earlier time during the trial as the Court may direct.
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticked.
unless oral argument is requested in writing and granted by the Court or is required • by law.
Document Filing Requirements62 rules
Each pleading, motlon or application shall bear the name, office address and telephone number of the Attorney or Law Firm, If any; otherwise, the name of the party filing and the type of action, such as "Complaint for Money Judgment", etc.
11.02 Post Judgment Motions. In the caption of a Post Judgment Motion there shall be typed the name and address of each party.
- Document
- Post-judgment motion
- Placement
- Caption
A complaint’s caption must identify the Court, County, State, and each party’s name and address if known.
- Document
- Complaint
- Placement
- Caption
Court's wording
The caption at the top thereof, in addition to stating the name of the Court, County and State, shall state the name and address, If known, of each party in the case of complaints, with space for the number and blank space of at least three Inches at the top of the first page for endorsement thereon by the Clerk.
Pleadings filed subsequent to the complaint, including motions and applications shall state the number of the case, the name of the first party-plaintiff and first party-defendant on each side.
To specifically request otherwise, the request must contain the phrase " not withstanding Local Rule 12.04."
- Document
- Service request
Must include
- •Not withstanding Local Rule 12.04.
Such consent shall be evidenced by a consent to plead signed by all counsel and filed with the Clerk.
Where an additional extension of time beyond that provided by paragraph 13.01 is needed or where the parties cannot agree upon an extension of time, the party desiring the extension shall fille a written motion supported by an affidavit stating facts Indicating the practical impossibility of pleading within rule and demonstrating good cause for further extension.
15.01 (B) The moving party shall serve and file with any motion a brief written statement of reasons in support of the motion and a list of citations of the authoritles relied upon. If the motion requires the consideration of facts not appearing of record, the moving party shall also serve and file coples of all appropriate affidavits, depositions, photographs or documentary evidence he desires to present in support of sald motion.
Each opposing party must serve and file a brief statement of opposing reasons and citations, together with appropriate opposing evidence when facts outside the record are at issue.
Court's wording
15.01 (C) Each party opposing the motlon shall serve and file within seven (7) days thereafter a brief statement of reasons in opposition to the motion and a list of citations of the authorities relied upon. If the motion requires the consideration of facts. not appearing of record, the opposing party shall also serve and file copies of all appropriate affidavits, depositions, photographs or documentary evidence In opposition to the motion.
Objections to Interrogatories. Objections to Interrogatories shall include, Immediately preceding any discussions and citation of authority, the interrogatory in full to which objection is made:
(H) All pleadings and briefs containing references to statutes or regulations shall have attached thereto a copy of the statute or regulation.
The party seeking discovery must advise the court in writing that consultation did not resolve the dispute and state the remaining disputes, consultation date, time, and place, and participants’ names.
Court's wording
unless the party seeking discovery shall first advise the court in wriling that after personal consultation and sincere attempts to resolve differences the partles are unable to reach an accord. This statement shall recite those matters which remaln in dispute, and in addition, the date, time and place of such consultation, and the names of all parties participating therein.
A formal pretrial statement must address the case’s factual and legal issues, witnesses and expected testimony, exhibits, legal positions and authorities, applicable special damages, and written expert opinions.
Court's wording
(2) All attorneys shall file with the Court and serve upon all other attorneys appearing In the action, not less than two (2) days prior to the date of the formal pretrial conference, a Pretrial statement: (a) advising the court in detall of the factual and legal issues which the case presents; - (b) listing names and addresses of prospective witnesses; (c) outlining the expected testimony of witnesses and controverted factual • Issues, as indicated above; (a) listing all exhibits the party proposes to offer into evidence. (e) setting forth the parly's position on legal issues, including any significant evidentiary questions, with a citation of authorities in support thereof; (f) as to any party seeking monetary damages, attaching an itemized list of special damages and expenses, If applicable; and (g) attaching coples of written opinions of all persons who may be called as expert witnesses, including physicians, which shall not constitute a waiver of privilege granted under 2317.02 of the Ohlo Revised Code, as set forth In Civil Rule 16. A party calling an expert witness, shall request such written report from the expert witness early enough in the proceeding to be able to comply with this rule.
Trial Briefs shall contain: (a) A short statement of the case. (b) A memorandum of the law upon which Plaintiff relies for relief requested in the complaint. Memorandum of Defendant on law which Defendant relies to deny rellef requested by Plaintiff. (c) Memorandum of the law involved with unusual trial procedure that may be contemplated Including introduction of evidence, motions; or any special request to be made to the Court for both Plaintiff and Defendant. (d) Issues of fact to be determined. Both Plaintiff and Defendant. (e) Names of witnesses and/or exhibits to be presented to prove each issue for both Plaintiff and Defendant. Advice to the Court as to whether or not, special finding of the Jury will be requested, Interrogatories will be submitted to the Jury. (g) Xerox copy of any major cases or authorities cited and xerox copy of any
the party entitled to a judgment by default shall apply in writing or orally to the court therefore;
but no judgment by default shall be entered agalnst a minor or an Incompetent person unless represented in the action by a guardian or other representative who has appeared therein.
The Court generally will not enter a default Judgment against any individual defendant, until there is in the file, an affidavit that the individual defendant is NOT on active duty in any branch of the Military Service of the United States of America..
A party seeking affirmative relief must file a trial brief within the prescribed time or the pleading may be dismissed without prejudice for lack of prosecution, at that party’s costs.
Court's wording
Any complaint, counterclaim, or other affirmative rellef pleading may be dismissed without prejudice for lack of prosecution If a party seeking such affirmative relief through Its complaint, counterclaim or other affirmative rellef pleading does not file a trial brief within the time limit prescribed herein at sald parly's costs.
* 19.01 Requests for cognovit judgments not Involving mortgage foreclosures or other relief shali be submitted to the judge.
19.03 The attorney who represents the judgment creditor shall include in the petition a statement setting forth to the best of counsel's knowledge the last known address of the defendant or defendants.
19.04 Immediately upon the entering of any judgment the attorney who represents the judgment creditor shall furnish a copy of the Judgment entry to the Clerk of this Court.
20.01 The Attorney in whose favor the decision was made shall within seven days prepare the proper Entry and submit it to counsel for the adverse party
A cognovit-judgment petition must contain or be accompanied by an affidavit stating either that the note maker resides in Noble County or that a maker signed the warrant of attorney there.
Court's wording
19.02 When a petition is presented to the Court for the rendering of a cognovit Judgment, it shall contain, or be accompanied by, an affidavit to the effect: 1. That the maker of the cognovit note resides in Noble County, or 2. That the maker, or any one of several makers, of the cognovit note signed the warrant of attorney in Noble County.
Ex-parte restraining orders will not be considered unless there is presented an Affidavit of a party sworn to absolutely, contalning Information precisely as required by Civil Rule 75 | (2).
At the time of filing a Petition for Dissolution or a Complaint or Counterclaim for Divorce, Alimony, Separate Maintenance or Annulment, or a Motion to Modify Child Support, or a Motion • to Modify Alimony, there shall be filed an Information Sheet similar to Form DR-1.
Counsel seeking an ex parte order under Civil Rule 75(I) or (N) must present the complete file and a proposed entry or entries at the personal conference with the Judge.
Court's wording
Counsel desiring an ex-parte order pursuant to Civil Rule 75 (I) or (N) must arrange a personal conference with the Judge and present the complete file together with a proposed entry or entries, During the conference counsel may be required to provide background information and respond to inquiry pertinent to the relief sought.
Requests for allowance of spousal support, child support and custody must either be Included in the Complaint or a Motion accompanied by satisfactory proof by Affidavit.
Form DR-1 will also be filled and served with Answers unless the person filing the Answer has no dispute with the Form DR-1 filed by the other party.
Support entries must include the specified obligor and employer information, parental support provisions, payment terms, and guideline calculation information, including findings for any deviation.
Court's wording
2. EFFECTIVE JULY 1, 1990 ALL SUPPORT ENTRIES MUST CONTAIN THE FOLLOWING: 1. Name, address, and Social Security Number for any Support Obligor. 2. Name and business address of any Employer of a Support Obligor. 3. A provision stating each parent/party has an obligation to support minor children, the custodial parent to provide support in-kind and the non-custodial parent to pay support to the custodial parent. 4. A provision stating: the support obligation in a monthly amount; that the support order will be administered on a monthly basis even if payments are made other than monthly; on what Intervals the support payments are to be made; that all support payments are to be made through the Noble County Child Support Enforcement Agency, plus poundage; the date of the first payment; and, that the amount was calculated under current guldelines (if the court deviates from the guidelines, the entry must state the guldeline amount, and list specific findings as to why the court deviates).
In the event the Complaint or Petition discloses minor children, there shall be filed with the • Complaint or Petition the Affidavit required by Section 3127.23.
The Court will not approve a Journal Entry relative to custody or support that fails to specify that the Court Inquired of the partles and found It to be to the best interest of the child (ren) that custody be placed with the party to whom custody is awarded and that the person awarded custody is a proper person to be the custodian.
Additionally, in all cases where a support order is to be issued or modified, the Obligee shall sign and file with the Obligee's first pleading, an application for Title IV-D Services.
* 5. * A provision that any Employer, Workers Compensation Agency, or
Whenever the address of a party changes from the address listed on the petition or complaint, the party shall file a change of address notice with the Clerk, listing the new address.
In all uncontested cases, the parties shall provide necessary information to the. Child Support Enforcement Agency, so that the calculation may be made and signed by the parties before the hearing date.
Whenever child support or spousal support is or may be an issue there shall be filed with the Clerk: An extra copy of any change of address notice;
Whenever child support or spousal support is or may be an issue there shall be filed with the Clerk: An extra copy of the DR-1.
Whenever child support or spousal support is or may be an issue there shall be filed with the Clerk: An extra copy of any Journal Entry dealing with Child support or spousal support;
Whenever child support or spousal support is or may be an issue there shall be filed with the Clerk: An extra copy of the Complaint, Petition, Counterclaim, or Motion;
An opposition to the appraised value must be a writing stating its grounds.
Court's wording
Any opposition to the appraised value as disclosed in Plaintiff's notice shall be by a writing stating the grounds thereof and filed at least three days before the date set for hearing and served on all parties and counsel as set forth above.
The content of the notice shall conform-to-Rule 4.4(A)(1), Ohio Rules of Civil Procedure.
The hearing notice must state the appraised value and inform defendants of each party's right to elect to purchase the property at that value.
Court's wording
Sald notice shall also inform the Defendants of the appraised value and of the right of each party to elect to purchase the real estate at the appraised value in writing filed with the Court three days before the date set for hearing with copies being served upon all counsel, parties having no counsel and other parties served by publication for whom addresses have been obtained.
shall submit to the Court a proposed statement of findings of fact and conclusions of law.
2. Prior to the submitting names of the two (2) on the panel to be appointed by the plaintiff and defendant, counsel are to contact their Arbitrators and Inform them of Section 25.20 Compensation of Arbitrators, and submit to the Court their names, addresses and telephone numbers. All submitted names are to be filed with the Clerk of Courts.
1. The name of the two (2) members of the panel to be appointed by the plaintiff and Defendant, respectively, plus two (2) alternates shall be submitted to the Judge within four (4) months from the date the action was filed.
25.04 Selection of Chairman. The Court shall provide in the Pre-trial conference Order, a minimum of three (3) potential chairmen who are practicing attorneys in the State of Ohio.
25.03 Rules of Arbitration. When notice of pre-trial Is sent to counsel of record, a copy of the Malpractice Arbitration Rules will be attached to sald notice.
Each party shall rate the potential chairman in order of priority.
In the event that all three arbitrators do not agree on the finding and award, If any, the dissenting Arbitrator shall submit a written dissenting opinion to be filed with the majority report.
In the event that all three members do not agree on the finding and award, the dissenting member shall submit a written dissenting opinion to be filled with the malorly report.
Immediately following an arbitration hearing the Chairman shall submit a statement setting
Subsequent to the time for rejection, the responsibility for the preparation of judgment entry and submission to the Court rests with the prevailing party or partles.
a jolnt motion by all counsel Is to be filed stating the case is settled and to be dismissed, setting forth instructions to the Chairman and Arbitrators to submit a statement for compensation for services rendered, if any
A party requesting an order of sale for real estate to be forwarded to the County Sheriff must specify the exact real estate and interest to be sold, but may incorporate a complete description by reference to a pleading paragraph or exhibit.
Court's wording
In any proceeding wherein an order of sale for real estate is to be forwarded to the Sheriff of this County, the party requesting same shall, in his /her request for the order of sale, specifically set forth the exact real estate, and the interest therein, that is to be sold. In so describing the real estate to be sold, the description may be incorporated by reference in said request, by referring to the paragraph of a pleading or an exhibit in the case wherein the description is wholly set forth.
The motion shall state with particularity the grounds upon which it Is made and shall set forth the rellef or order sought.
counsel for movant shall file a written notice of hearing date and time with the Court
Upon the filling of an amended pleading or motion, the original or any prior amendment thereof shall not be withdrawn from the file.
No pre-trial statement, as defined in paragraph B (2)hereof, will be required for a limited pretrial conference, unless the Court specially orders to the contrary.
The Court may order trial counsel to prepare and submit to the court trial briefs and proposed jury instructions. In such event, the court shall establish a schedule for the submission of sald documents.
(h)e-In case It is a trial.to the Court,-the.trial.brief.will.contaln Information as.to whether. or not the party will desire the Court to make a speclal finding of fact and conclusion of law.
If approval or rejection is not communicated to prevailing counsel, prevailing counsel may submit the proposed entry with appropriate notation to the Court for approval.
If the prevailing parly does not prepare an entry within the seven day period, opposing counsel may forthwith present an entry to the Court for approval.
Filing & Service rules
Electronic Filing Rules
Computer- or electronically produced tickets may be used and filed in the Probate and Juvenile Divisions.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Noble County Common Pleas Court, Probate and Juvenile Divisions.
Page 36 | RULE 30 — USE OF ELECTRONICALLY PRODUCED TICKET
Filing Timing and Cure Windows
Counsel requesting a hearing date in a pleading must obtain it from the Assignment Commissioner before filing the pleading.
If counsel requests a hearing date to be incorporated in a pleading, counsel shall obtain the hearing date from the Assignment Commissloner, prior to the pleading being filed in the office of the Clerk of Court.
Page 4 | RULE 5 — ASSIGNMENT COMMISSIONER
Attorneys must file a pretrial statement and serve it on all other attorneys at least two days before the formal pretrial conference.
(2) All attorneys shall file with the Court and serve upon all other attorneys appearing In the action, not less than two (2) days prior to the date of the formal pretrial conference, a Pretrial statement:
Page 12 | RULE 16 — PRETRIAL PROCEDURE
Each attorney representing a party in a case with a firm trial date must file a trial brief for the Court's personal use at least seven days before trial.
When a case has been given a firm trial date, each attorney representing a party thereto shall file with the Court, for the Court's personal use, a trial brief, no less than seven (7) days before the trial, with contents as required below.
Page 14 | 17.04 Trial Briefs
The prevailing attorney must prepare and submit the entry within seven days, and adverse counsel must approve or reject it within seven days after receipt.
20.01 The Attorney in whose favor the decision was made shall within seven days prepare the proper Entry and submit it to counsel for the adverse party who shall approve or reject the same within seven days after the recept thereof.
Page 16 | RULE 20 — JOURNAL ENTRIES
The Clerk of Courts must refuse to receive for filing a pleading that fails to comply with paragraphs 21.03 and 21.04.
The Clerk of Courts shall refuse to receive for filing any pleading which falls to comply with paragraphs 21.03 and 21.04.
Page 18 | 21.05
The plaintiff must learn the Sheriff's action on the partition writ and, within ten days after its return, file a motion concerning approval of the valuation and cause notice of a hearing to be given to counsel and unrepresented parties, including publication-served parties whose addresses are known.
It shall be the responsibility of Plaintiff to become informed of the Sheriff's action relative to the Writ of Partition and within ten days of the return of said writ to file a Motion concerning the approval of the valuation contained in said writ and to cause notice of a hearing of the Motion to be given to counsel and to partles having no counsel, including parties served by publication for whom addresses have been obtained.
Page 20 | 22.01
An opposition to the appraised value must be filed at least three days before the hearing.
Any opposition to the appraised value as disclosed in Plaintiff's notice shall be by a writing stating the grounds thereof and filed at least three days before the date set for hearing and served on all parties and counsel as set forth above.
Page 20 | 22.01
A party electing to purchase the property at the appraised value must file the written election with the Court three days before the hearing.
the right of each party to elect to purchase the real estate at the appraised value in writing filed with the Court three days before the date set for hearing
Page 20 | 22.01
A party requesting separate findings must submit its proposed findings and conclusions within five days after receiving notice of the Court's decision.
within five (5) days after receipt of notice of the Court's decision
Page 21 | 23.01
A reply brief must be filed within 5 days after the appellee's brief is filed.
any reply brief shall be filed within five (5) days after the filing of the Appellee's brief.
Page 22 | 24.02
Untimely filing of the listed appeal materials may result in dismissal for want of prosecution or another disposition at the Judge's discretion; the source text ends mid-sentence.
Failure of an Appellant to file his bill of exceptions, assignments of error, brief or demand for a transcript of the record within the time required shall be cause for dismissal of the appeal for want of prosecution or other disposition of the case at the discretion of the Judge and consistent
Page 22 | 24.06
When an agency demand or request is a prerequisite to preparing the transcript, the appellant must file it with the agency when filing the notice of appeal, unless law or Supreme Court Rule provides otherwise.
In all cases in which demand of request to the agency by the Appellant is a pre-requisite to the preparation of filing of the transcript of the record by the agency such demand or request shall be filed by the Appellant with the agency at the time of filing the notice of appeal, unless otherwise provided by law, or Rule of Supreme Court.
Page 22 | 24.03
The appellee must file a brief within 10 days after the appellant's brief is filed.
the Appellee shall file his brief within ten (10) days after the filing of the brief of Appellant
Page 22 | 24.02
Filings with deadlines set by statute or Supreme Court Rule must be filed within those times, unless the Court grants a written extension after notice to opposing counsel or the party.
Where the time for filing bills of exceptions, assignments of errors, and briefs are fixed by statute or by Rule of Supreme Court, they shall be filed within such time or extension thereof as may be granted in writing by the Court after notice to opposing counsel or party.
Page 22 | 24.01
When no statute or Supreme Court Rule sets the filing time, the appellant must file a brief within 20 days after the transcript of the record is filed.
Where the time for filing is not fixed by statute or rule of the Supreme Court, the Appellant shall file a brief within twenty (20) days after the filing of the transcript of the record;
Page 22 | 24.02
The arbitrator nominations must be submitted to the Judge within four months from the date the action was filed.
1. The name of the two (2) members of the panel to be appointed by the plaintiff and Defendant, respectively, plus two (2) alternates shall be submitted to the Judge within four (4) months from the date the action was filed.
Page 23 | 25.05 Arbitrators
Chairman nominations must be filed and a copy forwarded to the Court within the ten days before the pre-trial conference.
These nominations must be filed and a copy forwarded to the Court within ten (10) days prior to the pre-trial conference.
Page 23 | 25.04 Selection of Chairman
An objection to an arbitrator must be made by motion filed within seven days after the notice of assignment is filed.
4. Objections to an Arbitrator shall be by motion filed within seven (7) days of the filing of the notice of assignment and shall be heard by the Court.
Page 24 | 25.05 Arbitrators
The arbitrators must file their findings and award with the Court within 21 days after the hearing; the Court must forward copies to the parties or counsel the same day, and the original must be sealed in an envelope and filed with the Clerk.
Deliberations of the Arbitrators shall commence immediately after conclusion of the hearing and the Arbitrators shall reach a decision and file their findings and award, if any, within twenty-one (21) days with the Court, which on the same day shall mall or otherwise forward coples thereof to all parties to the arbitration or their counsel, seal the original in an envelope and file it with the Clerk of Courts.
Page 26 | 25.17 Decisions
The panel chair must file the written report and award with the Court and Clerk within 30 days after the hearing and mail or otherwise forward copies to the parties or counsel that same day.
Within thirty (30) days after the hearing, the Chairman of the panel shall file a written report and award with the Court and the Clerk of Courts and on the same day shall mall or otherwise forward coples thereof to all partles or their counsel.
Page 26 | 25.19 Report and Award
If any party timely rejects the arbitrators’ award, the pleadings must be amended and filed with the Clerk within 15 days after the rejection.
If the award of the Arbitrators is timely rejected by any party, the pleadings shall be amended and filed with the Clerk of Courts • within fifteen (15) days following said rejection pursuant to Section 2711.21, ORC.
Page 28 | 25.28 Time Limits for Rejection of Findings and to Amend Pleadings
Any statement for compensation for services rendered must be filed with the Clerk within two weeks after the joint motion is filed.
setting forth instructions to the Chairman and Arbitrators to submit a statement for compensation for services rendered, if any, to be filed with the Clerk of this Court, within two (2) weeks of the filing of the motion
Page 28 | 25.27
Pretrial motions, including motions in limine, must be made by the earlier of 35 days after arraignment or 7 days before trial, subject to the cited exceptions.
(4). Motion. All pretrial motions, including motions in limine, shall, pursuant to Crim. R. 12(C) and, except as provided in Crim. R. 7(E) and 16(F), be made within thirty- five (35) days after arraignment or seven (7) days before trial, whichever is earlier.
Page 33
A pre-sentence investigation report must be submitted to the Court at least three business days before sentencing.
The pre-sentence investigation report shall be submitted to the Court at least three (3) business days prior to the sentencing date.
Page 34 | Pre-sentence Investigations
Requested jury instructions must be submitted by the close of evidence, unless the Court directs an earlier deadline.
However, in no event shall a party fail to submit requested instructions in writing any later than the close of the evidence at trial or at such earlier time during the trial as the Court may direct.
Page 34 | Request for Jury Instructions
Time must be computed as provided in Civil Rule 6.
Time shall be computed as set forth in Civil Rule 6.
Page 21 | 22.02 - Computation of Time
After the deadline for the last brief expires, the case is considered submitted on the briefs unless oral argument is requested in writing and granted by the Court or is required by law.
Upon expiration of the time for filing the last brlef, the case will be considered as submitted upon the briefs unless oral argument is requested in writing and granted by the Court or is required • by law.
Page 22 | 24.04
The Court prefers jury-instruction requests to be submitted in writing at least seven days before trial.
The Court prefers requess for Instructions submitted in writing and at least seven (7) days prior to trial.
Page 34 | Request for Jury Instructions
Service and Proof of Service Rules
Alternatively, counsel must instruct the Clerk of Courts to serve all counsel and/or parties.
Otherwise, counsel shall give Instructions of service to the Clerk of Courts for service on all counsel and/or parties.
Page 4 | RULE 5 — ASSIGNMENT COMMISSIONER
The attorney shall file the completed pleading and necessary coples which counsel shall serve on all parties by regular mall with proof on the record.
The attorney shall file the completed pleading and necessary coples which counsel shall serve on all parties by regular mall with proof on the record.
Page 4 | RULE 5 — ASSIGNMENT COMMISSIONER
When filing a complaint, the filer must submit a true copy for each defendant to the Clerk, who will arrange service under the applicable civil rules or law.
12.01 Upon filing of a Complaint, the person filing the same shall submit to the Clerk a true copy thereof for each party-defendant, and the Clerk shall arrange for service to be made thereon as set forth in the Ohlo Rules of Civil Procedure or as otherwise provided by law.
Page 8 | RULE 12 — SERVICE OF COPIES AND NOTICE
The filing party must serve a true copy of each subsequent pleading, motion, response, brief, application, or other paper forthwith.
12.02 A true copy of each subsequent pleading, motion, response, brief, application or other paper filed in any cause shall be served forthwith by the party filing the same
Page 8 | RULE 12 — SERVICE OF COPIES AND NOTICE
A criminal defendant seeking modification of the bail bond or surety must give notice to the Prosecuting Attorney.
or to seek modification of the same with notice being given to the Prosecuting Attorney.
Page 8 | RULE 10 — BAIL OR SURETY
The extension motion and affidavit must be served on opposing counsel, and the matter will be heard at a time fixed by the Judge.
The motion and affidavit shall be served upon opposing counsel and the matter shall be heard at a time to be fixed by the Judge.
Page 9 | RULE 13 — RULE DAY EXTENSIONS
In Domestic Relations matters, serve all motions and applications filed after decree on the adverse party pursuant to the Civil Rules.
12.03 In Domestic Relations matters, all motions and applications filed after decree shall be served upon the adverse party pursuant to Civil Rules.
Page 9 | RULE 12 — SERVICE OF COPIES AND NOTICE
The referenced materials must be served on opposing counsel and unrepresented parties, except transcripts of proceedings, depositions, and other evidence transcripts; service and proof of service must comply with the Ohio Rules of Civil Procedure or other applicable law.
or such party's counsel upon opposing counsel and each party not represented by counsel, except that transcripts of the proceedings, depositions, and other transcripis of evidence shall not be required to be so served. Such service as well as proof of service shall be made as set forth in the Ohio Rules of Civil Procedure or as otherwise provided by law.
Page 9 | RULE 12 — SERVICE OF COPIES AND NOTICE
Unless otherwise specifically requested, the Clerk may serve the Noble County Treasurer or Auditor by delivering the summons and complaint to the official's office; service is complete when the Clerk files a notice with the official's or authorized agent's signed receipt.
12:04 Unless specifically otherwise requested, service of summons and complaint upon the Noble County Treasurer or Noble County Auditor may be made by the Clerk delivering said summons and complaint directly to the office of such official. Service shall be deemed complete upon the Clerk's filling a notice of such service with receipt signed by the Treasurer or Auditor or duly authorized agent thereot.
Page 9 | RULE 12 — SERVICE OF COPIES AND NOTICE
The moving party must serve the motion and its supporting statement, citations, and any appropriate supporting evidence required for facts outside the record.
15.01 (B) The moving party shall serve and file with any motion a brief written statement of reasons in support of the motion and a list of citations of the authoritles relied upon. If the motion requires the consideration of facts not appearing of record, the moving party shall also serve and file coples of all appropriate affidavits, depositions, photographs or documentary evidence he desires to present in support of sald motion.
Page 10 | RULE 15 — HEARING AND SUBMISSION OF MOTION: OBJECTIONS TO INTERROGATORIES
Each opposing party must serve its opposition statement, citations, and any appropriate opposing evidence required for facts outside the record.
15.01 (C) Each party opposing the motlon shall serve and file within seven (7) days thereafter a brief statement of reasons in opposition to the motion and a list of citations of the authorities relied upon. If the motion requires the consideration of facts. not appearing of record, the opposing party shall also serve and file copies of all appropriate affidavits, depositions, photographs or documentary evidence In opposition to the motion.
Page 10 | RULE 15 — HEARING AND SUBMISSION OF MOTION: OBJECTIONS TO INTERROGATORIES
Attorneys must serve the pretrial statement on all other attorneys appearing in the action at least two days before the formal pretrial conference.
(2) All attorneys shall file with the Court and serve upon all other attorneys appearing In the action, not less than two (2) days prior to the date of the formal pretrial conference, a Pretrial statement:
Page 12 | RULE 16 — PRETRIAL PROCEDURE
If the defendant has appeared, written notice of the default-judgment application must be served at least seven days before the hearing.
If the party against whom Judgment by default is sought has appeared in the action, such party shall be served with written notice of the application for judgment at least seven days prior to the hearing on such application, the date and time to be fixed by the Assignment Commissioner with the concurrence of judge,
Page 15 | RULE 18 — DEFAULT JUDGMENTS
The Clerk must notify each defendant by mailing a copy of the judgment entry by registered or certified mail to the address stated in the petition.
The Clerk shall notify the defendant or defendants by malling a copy of the judgment entry by registered or certified mail at the address set forth in the petition.
Page 16 | RULE 19 — COGNOVIT-JUDGMENTS
Form DR-1 must be served with an Answer unless the person answering does not dispute the other party's Form DR-1.
Form DR-1 will also be filled and served with Answers unless the person filing the Answer has no dispute with the Form DR-1 filed by the other party.
Page 17 | 21.03
When Plaintiff requests a hearing date, the Court sends hearing notice to Defendant by ordinary mail at the address Plaintiff provides.
At the time Plaintiff requests a hearing date, the Court will cause notice of hearing to be sent by ordinary mail to Defendant at such address as Plaintiff shall provide.
Page 17 | 21.01 Domestic Hearings
The Child Support Enforcement Agency must send relevant orders and notices to the parties, employers, and others.
The Child Support Enforcement Agency shall then send relevant orders and notices to the partles, employers, etc.
Page 19 | 21.09
The Clerk of Courts must transmit the extra copies to the Noble County Child Support Enforcement Agency.
Such extra copies shall be transmitted to the Noble County Child Support Enforcement Agency, by the Clerk of Courts.
Page 19 | 21.09
An opposition to the appraised value must be served on all parties and counsel.
Any opposition to the appraised value as disclosed in Plaintiff's notice shall be by a writing stating the grounds thereof and filed at least three days before the date set for hearing and served on all parties and counsel as set forth above.
Page 20 | 22.01
When service by publication is made by posting in the specified actions, the notice must be conspicuously posted for six successive weeks at the three listed locations by the Clerk of Courts or a designee.
In divorce, annulment, and legal separation actions, where service by publication may be made by posting notice pursuant to Rule 4.4(A)(2), Ohio Rules of civil Procedure, the posting shall be for a period of six (6) successive weeks. The notice shall be conspicuously posted in the following three (3) locations: 1. Office of the Clerk of Courts, Courthouse, Caldwell, Ohio, on the wall near the main counter. 2. On the message bulletin board in the lobby of the Noble County Sheriff's Office, 420 Olive Street, Caldwell, Ohlo. On the Bulletin Board in the vestibule of the Caldwell Public Library, 517 Spruce Street, Caldwell, Ohio. The Clerk of Courts, or his designee shall post the notice.
Page 20 | 21.10
The plaintiff must cause notice of the motion hearing to be given to counsel and unrepresented parties, including parties served by publication whose addresses have been obtained.
It shall be the responsibility of Plaintiff to become informed of the Sheriff's action relative to the Writ of Partition and within ten days of the return of said writ to file a Motion concerning the approval of the valuation contained in said writ and to cause notice of a hearing of the Motion to be given to counsel and to partles having no counsel, including parties served by publication for whom addresses have been obtained.
Page 20 | 22.01
Copies of a written election to purchase must be served on all counsel, unrepresented parties, and publication-served parties whose addresses have been obtained.
the right of each party to elect to purchase the real estate at the appraised value in writing filed with the Court three days before the date set for hearing with copies being served upon all counsel, parties having no counsel and other parties served by publication for whom addresses have been obtained.
Page 20 | 22.01
and shall serve coples thereof on all obposing parties or shall submit to the Court a proposed statement of findings of fact and conclusions of law.
and shall serve coples thereof on all obposing parties or shall submit to the Court a proposed statement of findings of fact and conclusions of law.
Page 21 | 23.01
A continuance request must be served at least fourteen days before the arbitration hearing, subject to the stated emergency and agreement exceptions.
25.06 Continuance. When the case has been scheduled for arbitration, a request for continuance of an arbitration hearing date shall be filed and served at least fourteen (14) days before the hearing date, except in extreme emergencies or unless agreed to by all parties as well as the Chairman of the Board of Arbitrators, including the agreed date to which the hearing is continued.
Page 24 | 25.06 Continuance
Copies of affidavits and written reports must be furnished to all parties’ counsel at least two weeks before the hearing.
In the instance of affidavits and written reports, copies shall be furnished to counsel for all parties not less than two (2) weeks in advance of hearing.
Page 25 | 25.9
Copies of the report and award must be mailed or otherwise forwarded to all parties or their counsel on the same day the report and award are filed.
Within thirty (30) days after the hearing, the Chairman of the panel shall file a written report and award with the Court and the Clerk of Courts and on the same day shall mall or otherwise forward coples thereof to all partles or their counsel.
Page 26 | 25.19 Report and Award
The Court must mail or otherwise forward copies of the findings and award to all parties or their counsel on the same day, and the original must be sealed in an envelope and filed with the Clerk.
Deliberations of the Arbitrators shall commence immediately after conclusion of the hearing and the Arbitrators shall reach a decision and file their findings and award, if any, within twenty-one (21) days with the Court, which on the same day shall mall or otherwise forward coples thereof to all parties to the arbitration or their counsel, seal the original in an envelope and file it with the Clerk of Courts.
Page 26 | 25.17 Decisions
The Assignment Commissioner must notify the arbitrators and the parties or their counsel in writing of the hearing’s time and place at least 30 days before the hearing.
The Assignment Commissioner shall notify the Arbitrators and the partles or thel counsel In writing at least thirty (30) days before the hearing of the time and place of the hearing.
Page 26 | 25.15 Hearings: When and Where Held and Notice
Parties amending pleadings must serve the other parties pursuant to the Ohio Rules of Civil Procedure.
The parties making such pleading amendments shall serve other parties pursuant to Ohio Rules of Civil Procedure.
Page 28 | 25.28 Time Limits for Rejection of Findings and to Amend Pleadings
The compensation statement must be accompanied by proof of service to all counsel, the Chairman, and the arbitrators.
with proof of service to-all counsel, chairman and arbitrators
Page 28 | 25.27
A party seeking to reject the findings and award must serve notice of rejection on all other parties within 30 days after the award was served on that party and filed.
If a party desires to reject the findings and award, If any, notice of rejeclion must be served upon all other parties within thirty (30) days after the award was served upon said party and filled.
Page 28 | 25.28 Time Limits for Rejection of Findings and to Amend Pleadings
Movant’s counsel must serve opposing counsel with a copy of the written hearing notice.
counsel for movant shall file a written notice of hearing date and time with the Court and shall serve a copy thereof on opposing counsel.
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Copies of jury-instruction requests must be furnished to all other parties when the requests are made.
Coples of such requests shall be furnished to all other parties at the time of the making of such requests.
Page 34 | Request for Jury Instructions
When an electronically produced ticket is issued at the scene, the issuing officer must provide the defendant a paper copy.
If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 36 | RULE 30 — USE OF ELECTRONICALLY PRODUCED TICKET
Filing Fees and Waivers
An $80 advance cost deposit is required for an application for modification and citation for contempt, except when the Bureau of Support files on its own motion.
Application for Modification and Citation for Contempt (unless filed by Bureau of Support on its motion). 80.00
Page 5 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A $200 advance cost deposit is required for civil complaints and other pleadings seeking affirmative relief with personal service.
Civil Complaints and Other Pleadings Seeking Affirmative Relief Personal Service 200.00
Page 5 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
An $80 advance cost deposit is required for the listed execution, judgment, garnishment, and attachment filings.
Aid in Execution, Petition to Vacate, Revive or Modify Judgment, Garnishment or Attachment $ 80.00
Page 5 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
If a personal-service deposit has been made and service by publication is later requested, an additional $200 deposit is required.
(In the event deposit for personal service is made and subsequent request for service by publication is made, an additional deposit shall be made of $200.00)
Page 5 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A $350 advance cost deposit is required for service by publication on civil complaints and other pleadings seeking affirmative relief.
Service by Publication $ 350.00
Page 5 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
An $80 advance cost deposit is required for a cognovit filing.
Cognovit $ 80.00
Page 5 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A civil action or proceeding will not be accepted for filing unless the filing party first deposits money to secure costs, except as otherwise provided by applicable law.
7.01 No civil action or proceeding shall be accepted by the Clerk of Court for filing unless the party or parties offering the same for filing shall first have deposited a sum of money to secure the payment of costs. Except as otherwise provided by law where applicable, such advance deposit shall be as follows:
Page 5 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
The movant must pay an $80 advance cost deposit for an investigation in a child custody case.
Investigation in Child Custody Cases (By movant) $ 80.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A $200 advance cost deposit is required for divorce and dissolution filings.
Divorce and Dissolution $200.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
If a personal-service deposit has been made and service by publication is later requested in a divorce or dissolution case, an additional $200 deposit is required.
(In the event deposit for person service is made and subsequent request for service by publication is made, an additional deposit shall be made of $200.00)
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A $90 advance cost deposit is listed for the Court of Appeals.
Court of Appeals $90.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
An $80 advance cost deposit is required for appeals from other tribunals.
Appeals from Other Tribunals $ 80.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
An $80 advance cost deposit is required for reciprocal support actions filed in this court.
Reciprocal Support Actions filed In this Court $ 80.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A $350 advance cost deposit is required for service by publication in divorce and dissolution cases.
Service by Publication $350.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
An $80 advance cost deposit is required for an execution filing.
Execution $ 80.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A $20 advance cost deposit is required for a certificate of judgment form prepared by a party.
Certificate of Judgment Form prepared by Party $ 20.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A $25 advance cost deposit is required for a certificate of judgment form prepared by the Clerk.
Form prepared by Clerk $ 25.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A garnishment requires an $80 advance cost deposit, plus $1 for the employer.
Garnishment $ 80.00 (Plus $1.00 for Employer)
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A $200 advance cost deposit is required for a civil answer and cross complaint or counterclaim.
Answer and Cross Complaint or Counterclaim Civil $ 200.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A $200 advance cost deposit is required for a domestic relations answer and cross complaint or counterclaim.
Domestic Relations $ 200.00
Page 6 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A plaintiff who submits the specified affidavit of inability may file a complaint without the deposit or security, subject to investigation and verification.
7.03 Where the Plaintiff makes an affidavit of inability to pay or secure costs as provided in Section 2323.31 O.R.C., the Clerk shall receive and file the complaint without such deposit or security. Affiants are subject to Investigation and verification.
Page 7 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
A party whose Answer and Cross-Complaint or Counterclaim causes a jurisdictional transfer must deposit the amount required for an originally filed case when the case is transferred.
8.01 Any party filing an Answer and Cross-Complaint or Counterclalm in the. County Court, Noble County, Ohlo, which because of jurisdictional limitations causes a transfer of said case to this Court, shall deposit at the time of transfer with the Clerk of Courts an amount equal to the deposit required if the cause of action had originally been filed in this Court.
Page 7 | RULE 8 — DEPOSIT OF COSTS ON CASES TRANSFERRED FROM COUNTY COURT
Costs for a complaint under Ohio Civil Rule 3(F) are $7.50 plus $0.10 for each Plaintiff and Defendant in excess of two, payable in advance with notation on the docket copy.
9.01 Costs for filling a Complaint under Rule 3 (F) of the Ohio Rules of Civil Procedure shall be taxed In the amount of $7.50 plus .10 for each Plaintiff and Defendant in excess of two. Said costs are to be paid in advance with notation on docket copy.
Page 7 | RULE 9 — COSTS ON CASES FILED UNDER RULE 3 (F) OF THE OHIO RULES OF CIVIL PROCEDURE
Every continuance request must include an advance deposit of $75, which becomes part of the costs if the continuance is granted.
Every request for continuance shall be accompanled by an advance deposit of Seventy five Dollars ($75.00) and if the continuance is granted, the deposit becomes a part of the costs to partially offset the administrative costs of rescheduling the arbitration hearing.
Page 24 | 25.06 Continuance
When a movant files a poverty affidavit or an insufficient deposit is made for a movant, the losing party must first pay the Clerk from the award, settlement, or judgment the unpaid portion of that movant’s arbitrator compensation before paying other movants.
In all cases in which the movant(s) has filed a poverty affidavlt or in which an Insufficient deposit has been made in favor of the movant(s), the losing party (parties) shall first pay to the Clerk of this Court out of such award, settlement or judgment to the other movants, and before making any payment to other movant(s), an amount equal to the undeposited movant(s) portion of the compensation due the Arbitrators.
Page 27 | 25.24
Each arbitrator is entitled to $300 for the first day and $150 for each fractional half-day thereafter, unless the arbitrator waived compensation in writing before the hearing.
Each member of the panel of arbitrators apolnted purewant to this rule, unless he has. waived in writing his right to compensation prior to the hearing, shall recelve as compensation for services in each case, a fee of three hundred dollars (300) for the first day plus One hundred fifty -Dollars ($150) for-each fractlonal one-half day thereafter.
Page 27 | 25.20 Compensation of Arbitrators
Arbitrator fees are assessed under Section 2711.21, ORC, and taxed as arbitration costs, one-half to plaintiffs and one-half to defendants.
Fees paid to the Arbitrators shall be assessed pursuant to Section 2711.21, ORC, and shall be taxed as costs, one-half to plaintiffs) and one-half to defendants) In Arbitration.
Page 27 | 25.20 Compensation of Arbitrators
Arbitrator compensation must be paid upon proper warrant from Noble County funds.
All compensation for the Arbitrators shall be pald upon proper warrant from the funds of Noble County, Ohlo.
Page 27 | 25.25
When arbitration lasts more than one day and additional deposits are required for arbitrator payment, the additional-cost deposit must be made within five days after arbitration ends.
In cases which require additional deposits for payment of Arbitrators due to the arbitration lasting more than one day, the deposit to cover the additional costs shall be made not later than five (5) days after the completion of the arbitration.
Page 27 | 25.22
Payment of arbitrator fees requires Court authorization.
Payment of fees shall be authorized by the Court.
Page 27 | 25.23
At filing of the complaint, the moving party must deposit $450 as security for arbitration costs.
At the filing of the complaint, the moving party shall deposit Four Hundred Fifty Dollars ($450) as a guarantee for such costs.
Page 27 | 25.21
Arbitrators may not receive their fees until the report and award have been filed with the Clerk of Courts.
The members of the Board shall not be entitled to receive their fees until after filing the report and award with the Clerk of Courts.
Page 27 | 25.20 Compensation of Arbitrators
A party or prosecuting attorney must pay the Court Reporter $2.00 per page to obtain a photocopy of a transcript from the Court's file.
Pursuant to Attorney General Opinion 2002-14, a party or prosecuting attorney in a civil or criminal action in the Court of Common Pleas of Noble County, Ohio, may not obtain a photocopy of a transcript previously prepared in the action from the Court's file without paying the Court Reporter who prepared the transcript the compensation fixed by this Court. IT IS HEREBY ORDERED that the compensation rate for photocopies of transcripts mentioned above will be $2.00 per page.
Page 35 | RULE 29 — TRANSCRIPT PROCEDURES
The Court may require an insufficient deposit to be increased from time to time.
7.02 If it is brought to the attention of the Court that any deposit is insufficlent, the Court may require sald deposit to be Increased from time to time.
Page 7 | RULE 7 — DEPOSIT OF CASE TO SECURE COSTS, BONDS, ETC.
The Court may order additional deposits when it appears proper.
When It appears proper the Court may order additional deposits.
Page 27 | 25.21
If multiple movants cannot agree on their proportionate shares of the deposit, the Court must apportion it upon proper motion.
If there are multiple movants and they cannot agree as to their proportionate share of the deposit, upon proper motion the Court shall order the apportionment.
Page 27 | 25.21
The Court may approve arbitrator fees without a hearing or signed award or report if the arbitrators performed actual service, with compensation based on the extent and duration of that service.
The Court may approve the payment of fees in those cases where no arbitration hearing was held and an award or a report has not been signed, if the Arbitrators rendered actual service In the case. Such compensation shall be based upon the extent and duration of actual service rendered.
Page 27 | 25.20 Compensation of Arbitrators
Sealing & Redaction Procedures
The original findings and award must be sealed in an envelope and filed with the Clerk of Courts.
Deliberations of the Arbitrators shall commence immediately after conclusion of the hearing and the Arbitrators shall reach a decision and file their findings and award, if any, within twenty-one (21) days with the Court, which on the same day shall mall or otherwise forward coples thereof to all parties to the arbitration or their counsel, seal the original in an envelope and file it with the Clerk of Courts.
Page 26 | 25.17 Decisions
Pre-Motion Conference Requirements
Each opposing party must serve and file, within seven days thereafter, a brief statement of opposition and citations, plus appropriate opposing evidence if facts outside the record are at issue.
15.01 (C) Each party opposing the motlon shall serve and file within seven (7) days thereafter a brief statement of reasons in opposition to the motion and a list of citations of the authorities relied upon. If the motion requires the consideration of facts. not appearing of record, the opposing party shall also serve and file copies of all appropriate affidavits, depositions, photographs or documentary evidence In opposition to the motion.
Page 10 | RULE 15 — HEARING AND SUBMISSION OF MOTION: OBJECTIONS TO INTERROGATORIES
For an opposed discovery procedure under Rules 26 through 37, the party seeking discovery must personally consult in an attempt to resolve the dispute before the court considers the procedure.
To curtall undue delay in the administration of justice, no discovery procedure filed under Rules 26 thorough 37 of the Rules of Civil Procedure to which objection or opposition is made by the responding party shall be taken under consideration by the court, unless the party seeking discovery shall first advise the court in wriling that after personal consultation and sincere attempts to resolve differences the partles are unable to reach an accord. This statement shall recite those matters which remaln in dispute, and in addition, the date, time and place of such consultation, and the names of all parties participating therein. It shall be the responsibility of counsel for the party seeking discovery to initiate such personal consultation.
Page 11
Counsel seeking an ex parte order under Civil Rule 75(I) or (N) must arrange a personal conference with the Judge, where counsel may be required to provide relevant background information and answers.
Counsel desiring an ex-parte order pursuant to Civil Rule 75 (I) or (N) must arrange a personal conference with the Judge and present the complete file together with a proposed entry or entries, During the conference counsel may be required to provide background information and respond to inquiry pertinent to the relief sought.
Page 17 | 21.02 Ex-Parte Domestic Orders
Pretrial motions are generally decided without oral hearing; opposition papers are due within seven days when no hearing is necessary, and rebuttal or reply submissions require prior Court approval.
determine all pretrial motions without oral hearing and upon brief written statements of reasons in support and opposition unless oral hearing i requested by the movant in the motion or by the opposing party and oral hearing Is determined necessary by the Court. If no oral hearing is determined to be necessary by the Court, any memoranda and supporting documents in opposition to the mollon shall be filed with the Court within seven (7) days of the filing of the motion. Rebuttal or reply briefs, memoranda or other documents shall be submitted only with prior approval of the Court.
Page 33
Reply or additional briefs may be filed only with leave of court and upon a showing that they are necessary.
15.01 (D) Reply or additional briefs upon motions and submissions may be filed with leave of the court only upon showing of the necessity thereof.
Page 10 | RULE 15 — HEARING AND SUBMISSION OF MOTION: OBJECTIONS TO INTERROGATORIES
Motions generally are submitted and determined on the motion papers; oral argument is permitted upon application and a proper showing.
15.01 (A) Motions, in general, shall be submitted and determined upon the motion papers hereinafter referred to. Oral arguments of motions will be permitted on application and proper showing.
Page 10 | RULE 15 — HEARING AND SUBMISSION OF MOTION: OBJECTIONS TO INTERROGATORIES
Counsel are encouraged to participate in pretrial discovery conferences to reduce unnecessary discovery filings.
Counsel are encouraged to participate In pretrial discovery conferences to reduce, in every way possible, the filing of unnecessary discovery procedures.
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Adjournment & Extension Requirements
When an extension beyond Rule 13.01 is needed or the parties cannot agree, the requesting party must file a written motion supported by an affidavit showing the practical impossibility of pleading within the rule and good cause, serve both on opposing counsel, and attend a hearing set by the Judge.
13.02 Where an additional extension of time beyond that provided by paragraph 13.01 is needed or where the parties cannot agree upon an extension of time, the party desiring the extension shall fille a written motion supported by an affidavit stating facts Indicating the practical impossibility of pleading within rule and demonstrating good cause for further extension. The motion and affidavit shall be served upon opposing counsel and the matter shall be heard at a time to be fixed by the Judge.
Page 9 | RULE 13 — RULE DAY EXTENSIONS
By agreement of counsel, a party may receive two leaves to move or plead, provided the total extension does not exceed 45 days; proper consent to plead signed by all counsel must be filed with the Clerk, and agreed extensions need not be submitted for court approval.
13.01 By agreement of counsel any party may be permitted two (2) leaves to move or plead provided the total extension of time does not exceed forty five (45) days. Such consent shall be evidenced by a consent to plead signed by all counsel and filed with the Clerk. Neither these forms nor entries shall be submitted to the court for approval where consent to plead is proper and is obtained, but agreed extensions must be filed.
Page 9 | RULE 13 — RULE DAY EXTENSIONS
Even if counsel consent, an extension beyond the period permitted by Rule 13.01 still requires the written motion and affidavit.
The motion and affidavit will be required even though consent of counsel is obtained if the extension Is for a perlod of time beyond that-permitted by paragraph 13.01 hereof.
Page 10 | RULE 13 — RULE DAY EXTENSIONS
After a firm trial date is set, continuances are not granted for convenience, witness or evidence problems, or conflicting court assignments unless the stated good-cause or interests-of-justice exception applies.
When a firm trial date has been set by the Court, continuances will not be granted for the convenience of any attorney or party, or by reason of any inability to obtain certain witnesses or delay in obtaining exhibits or other evidence. A continuance will not be granted for conflict by reason of assignments of one counsel or other in another court except for good cause shown where the attorney can prove that sald attorney had no way of knowing of the conflict sufficiently in advance of the trial date to obtain substitute counsel him in the trial of the case assigned, or for other good cause shown in which the Court belleves in the interest of justice the trial must be continued.
Page 13 | 17.01 Firm Trial Dates
An extension of a filing deadline fixed by statute or Supreme Court Rule must be granted in writing by the Court after notice to opposing counsel or the party.
Where the time for filing bills of exceptions, assignments of errors, and briefs are fixed by statute or by Rule of Supreme Court, they shall be filed within such time or extension thereof as may be granted in writing by the Court after notice to opposing counsel or party.
Page 22 | 24.01
The Judge may grant an extension by entry for good cause shown after notice to all parties.
Extensions of time may be granted by entry by the Judge for good cause shown after notice to all parties.
Page 22 | 24.02
A continuance request must be filed and served at least fourteen days before the arbitration hearing, except in extreme emergencies or when all parties and the Chairman agree to a continuance date, which must be included.
25.06 Continuance. When the case has been scheduled for arbitration, a request for continuance of an arbitration hearing date shall be filed and served at least fourteen (14) days before the hearing date, except in extreme emergencies or unless agreed to by all parties as well as the Chairman of the Board of Arbitrators, including the agreed date to which the hearing is continued.
Page 24 | 25.06 Continuance
The eight-month hearing-scheduling period may be extended by filing a motion showing good cause.
The elght (8) month perlod may be extended by the filing of a motion showing good cause.
Page 26 | 25.15 Hearings: When and Where Held and Notice
The Court may extend the deadline for pretrial motions in the interests of justice.
The Court, in the interests of justice, may extend the time for making any pretrial motions.
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Chambers Communication Rules
An attorney who learns they represent a party in a pending suit must immediately notify the Clerk; a time-stamped notice is satisfactory evidence, and failure to notify waives required notice under the court rules.
6.01 As soon as an attorney ascertains that he represents any party in any suit then pending in this Court, he shall immediately notify the Clerk so that proper notation can be made upon the file, the appearance and Court dockets. A copy of a time stamped notice shall be satisfactory evidence that notice was given. Failure to so notify the Clerk shall be deemed a waver of any notice required under these Court rules
Page 5 | RULE 6 — ATTORNEY OF RECORD
Before the hearing and filing of the arbitrators’ report and award, counsel and parties must not disclose motions, orders in limine, or settlement offers to arbitrators, and that information must be removed from the file before it is used in the arbitration.
Counsel and partles at no time prior to the hearing • and the filing of the Arbitrators' Report and Award, if any, shall disclose to any or all of the arbitrators any motions and orders on limine and or offers of settlement made by any party and all such information shall be deleted from the file prior to it being used In the arbitration proceeding.
Page 25 | 25.13 Communications with Arbitrators
If the Court orders an oral hearing on a motion, movant’s counsel must arrange the hearing date and time with the Court and opposing counsel.
In the event the Court determines that an oral hearing shall be conducted upon the motion, the hearing date and time shall be arranged by counsel for movant with the Court and opposing counsel
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