Vinton County Court, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements6 rules
All pleadings, motions and other papers to be filed with the Court shall be legibly typed or printed on letter sized bond paper, bound at the top.
- Paper size
- Letter
Opposing counsel, or the party if no counsel, shall type the answer or objection to each question on the ORIGINAL copy of the interrogatories, and return them to the proponent with 28 days, unless the Court shortens the time.
They shall be sent to the opposing counsel, or party 11 no counsel, leaving sufficient space between each interrogatory to permit typing the answer immediately beneath the question.
All motions shall be submitted in triplicate on a form specified by the Ohio Public Defender Commission within 30 days of the filing of the final entry in the case.
Pleadings may be amended as provided in Civil Rule 15, but may not be amended by interlineation or obliteration without leave of Court.
When continuances or extensions are requested excessively or on insubstantial grounds, the court may adopt measures that include requiring written requests and stipulations and notifying the parties.
Court's wording
Where continuances and extensions are requested with excessive frequency or insubstantial grounds, the court may adopt one or all of the following procedures: a. Cross-referencing all requests for continuances and extensions by the name of the lawyer requesting them. b. Requiring that requests for continuances and stipulations for extensions be in writing and the parties notified. c. Summoning lawyers who persistently request continuances and extensions to warn them of 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 one time.
Document Filing Requirements31 rules
On the face of the complaint, motion or other pleading will appear a general statement as to the type of action (examples: Complaint in Partition, Motion to Show Cause).
Each pleading shall contain the name, address and telephone number of the attorney or party filing same.
Unless oral argument is specifically requested in civil cases, motions will be submitted and determined without oral hearing and upon brief written statements of reasons in support thereof.
Initial pleadings shall list the name and address of each party, case number blank to be filed in, style of the action, and header with the name of the Court.
- Document
- Initial pleading
Must include
- •Case number
The opposing counsel answering said interrogatories shall file with the Clerk an Entry certifying that the same have been served upon all other counsel of record.
Any party opposing the motion will serve and file his/her memorandum with a brief written statement of reasons in opposition to the motion within fourteen (14) days of service of the original motion.
It is the responsibility of counsel to see that he/she is listed as an attorney of record to be entitled to receive notice of proceedings in any case.
If an attorney should desire to withdraw from a case, he/she may only do so by filing a written statement of such withdrawal with the Clerk of Courts and furnishing a copy of such withdrawal to all parties of record and to the Court with his certificate of service attached.
- Document
- Withdrawal statement
Should include
- •Certificate of service
Effective January 15, 1993, each attorney at law filing any pleading, shall include, in or near the attorney's signature block, the attorney's Supreme Court Registration number.
- Document
- Pleading
- Placement
- Signature block
(E) Every poverty affidavit offered in lieu of advancements for security for costs shall state the reasons for the inability to prepay costs and must be executed in the presence of the Clerk of Court or a Deputy Clerk.
Assigned counsel must submit an itemized statement of services, time spent, and out-of-pocket expenses.
Court's wording
Such assigned counsel will submit an itemized statement of the services rendered and the time spent in connection with such services, whether spent in preparation and trial or other disposition of the case and any out of pocket expenses incurred therein.
All motions shall be accompanied be receipts for monies expended in defending the case.
All motions and copies thereof shall be accompanied by a copy of the Affidavit of Indigency of the Defendant on a form specified by the Ohio Public Defender Commission.
In divorce, dissolution, or minor-child-support cases, the complainant, petitioner, or movant must file an affidavit containing the children’s names and birth dates and financial information.
Court's wording
On and after July 1, 1986, all cases filed in this Court involving divorce, dissolution or any case involving the payment of support for minor children, there must be filed with the complaint, petition or motion or within five (5) days thereafter, an affidavit executed by the Complainant, Petitioner, or Movant containing among other things, the names and dates of birth of the minor children and financial information.
The separate envelope must carry the specified notice limiting access to the court, counsel of record, and the clerk, and requiring a court order for access by anyone else.
Court's wording
The enclosed personal and private information has been deemed by the court as non-public. It is for the use of the court, attorneys of record listed in the case, and clerk of court's office only. Any other person must have a court order to view the contents of this envelope. Violation of this order shall be contempt of court.
A Notice of Scheduled Mediation must state at least the mediation's date, time, place, and contact information.
Court's wording
The court, on its own motion, or the motion of any of the parties may refer disputed issues to mediation in whole or in part by "Notice of Scheduled Mediation" which shall, at a minimum indicate the date, time, place and contact information of the mediation.
The mediation shall be communicated via a "Notice of Scheduled Mediation" which shall, at a minimum indicate the date, time, place and contact information of the mediation.
In furtherance of the confidentially set forth in this rule, parties and non-parties desiring confidentiality of mediation communications shall execute a written "Agreement to Mediate" prior to the mediation session.
If a new or different person(s) attend a subsequent session, their signatures shall be obtained prior to proceeding further in the process.
At the conclusion of mediation, the court must be informed whether mediation occurred or was terminated, the extent of any settlement, party attendance, and any future sessions with their dates and times.
Court's wording
At the conclusion of the mediation and in compliance with R.C. 2710.06 the court shall be informed of the status of the mediation including all of the following: • Whether the mediation occurred or was terminated; • Whether a settlement was reached on some, all or none of the issues; and • Attendance of the parties. • Future mediation session(s), including date and time.
No oral agreement by counsel or with parties or an officer of the court will be regarded unless made in open court.
An attorney may become counsel of record by filing a written statement with the Clerk that identifies the case number and style.
- Document
- Written statement of appearance
Include
- •Case number
Court's wording
pleading or by filing a written statement so signifying with the Clerk of this Court designating the case number and style of the case of which he/she is an attorney of sufficient notice to constitute an attorney "counsel of record."
If counsel are unable to agree upon an entry, their respective entries will be submitted to the judge who will direct which entry shall be journalized or in lieu thereof prepare his/her own journal entry for journalization without approval of counsel.
The prevailing party's counsel must prepare the proper Journal Entry and submit it to opposing counsel, unless the Court directs otherwise.
Court's wording
Unless the Court otherwise directs, counsel for the party in whose favor an order, decree or judgment is rendered, shall within five (5) days thereafter prepare the proper Journal Entry, submit the same to opposing counsel who shall reject the same within five (5) days after receipt thereof and return to the submitting attorney or to the Court for the Judge's signature and journalization by the Clerk of Courts.
Before assigning counsel, the Court may require an unrepresented defendant who seeks assigned counsel to execute an affidavit about employment, background, and financial status.
Court's wording
Upon arraignment or subsequent thereto, where it appears to the Court that a Defendant is without counsel and desires the Court to assign counsel to him, the Court, before doing so may require the Defendant to execute an affidavit regarding his employment, general background and financial status.
In any case where all the information is not known to the filing party a statement to this effect should be included and the affidavit questionnaire shall be served on the opposing party with the complaint, petition or motion.
The petition shall contain the caption of the particular case.
- Document
- Petition
Must include
- •Caption
Attorneys may, at their option, or must if required on a specific case by the judge and/or magistrate, submit a "Mediation Case Summary" to the mediator which shall contain the following:
Listed mediators must submit regularly updated CVs containing dispute-resolution training and professional or association memberships; the Courts provide the CV to people requesting information about an assigned mediator’s qualifications.
Court's wording
All those on the list of qualified mediators shall submit to the Courts a regularly updated Curriculum Vitae (including a list of training related to the field of dispute resolution and professional or association memberships) which CV shall be provided by the the Courts to those requesting information on an assigned Mediator's qualifications to mediate a dispute pursuant the requirements set forth in R.C. 2710.08(C).
Subsequent and responsive pleadings may use an abbreviated caption, showing only the name of the first Plaintiff and first Defendant.
The mediator, parties, or counsel may prepare and sign a written mediation memorandum; if signed it is not privileged, and it may become a court order after review and approval by the parties and their attorney, if applicable.
Court's wording
The assigned mediator, parties or counsel, if applicable, as agreed by the parties, may immediately prepare a written memorandum memorializing the agreement reached by the parties. The "Mediation Memorandum" may be signed by the parties and counsel (if the "Mediation Memorandum" is signed it will not be privileged pursuant to R.C. 2710.05 (A) (1)). The written "Mediation Memorandum of Understanding may become an order of the court after review and approval by the parties and their attorney, if applicable.
Filing & Service rules
Filing Timing and Cure Windows
The opposing party's memorandum must be filed within 14 days after service of the original motion.
Any party opposing the motion will serve and file his/her memorandum with a brief written statement of reasons in opposition to the motion within fourteen (14) days of service of the original motion.
Page 4 | RULE 3: DISPOSITION OF MOTIONS
Unless the Court otherwise directs, counsel for the party in whose favor an order, decree or judgment is rendered, shall within five (5) days thereafter prepare the proper Journal Entry, submit the same to opposing counsel who shall reject the same within five (5) days after receipt thereof and return to the submitting attorney or to the Court for the Judge's signature and journalization by the Clerk of Courts.
Unless the Court otherwise directs, counsel for the party in whose favor an order, decree or judgment is rendered, shall within five (5) days thereafter prepare the proper Journal Entry, submit the same to opposing counsel who shall reject the same within five (5) days after receipt thereof and return to the submitting attorney or to the Court for the Judge's signature and journalization by the Clerk of Courts.
Page 5 | RULE 7: JOURNAL ENTRIES
In an administrative-agency appeal, the appellant must file assignments of error and a brief within 30 days after filing the complete transcript with the Common Pleas Clerk.
(1) Within thirty (30) days after the filing of a complete transcript (all the original papers, testimony and evidence offered, heard and taken into consideration in issuing the order appealed from.) with the Clerk of the Court of Common Pleas of this county, the Appellant shall file his assignment of errors and brief.
Page 5 | RULE 8: APPEALS TO THE COMMON PLEAS COURT
The appellee must file an opposition brief and any assignments of error within 30 days after the appellant files the appellant's brief.
(2) Within thirty (30) days after filing of Appellant's brief, Appellee shall file his/her brief in opposition, and assignments of error on his/her own behalf, if any.
Page 6 | RULE 8: APPEALS TO THE COMMON PLEAS COURT
Motions for assigned counsel fees are due within 30 days of filing the final entry in the case.
All motions shall be submitted in triplicate on a form specified by the Ohio Public Defender Commission within 30 days of the filing of the final entry in the case.
Page 18 | RULE 18.1: SUBMISSION OF MOTION FOR ASSIGNED COUNSEL FEES
The affidavit must be filed with the complaint, petition, or motion, or within five days thereafter.
there must be filed with the complaint, petition or motion or within five (5) days thereafter, an affidavit
Page 19 | RULE 20: CHILD SUPPORT
If opposing counsel does not act on the Journal Entry within five days of receipt, the preparer may submit it to the Clerk for approval or rejection.
Upon the failure of the adverse attorney to act upon the entry within five (5) days of receipt thereof, the preparer of such entry may submit it to the Clerk of Court for approval or rejection.
Page 5 | RULE 7: JOURNAL ENTRIES
The appellant may file a reply brief within 10 days after the appellee files its brief.
(3) Within ten (10) days after filing of Appellee's brief, Appellant may file reply brief.
Page 6 | RULE 8: APPEALS TO THE COMMON PLEAS COURT
A report, election, or sale in a partition case may not be confirmed until five days after filing unless all co-tenants consent in writing.
In all partition cases no report of Partition, Election to take, or Sale, will be confirmed until five (5) days after the date of the filing of said Report, Election or Sale, unless all co-tenants consent thereto in writing.
Page 7 | RULE 14: COUNSEL FEES IN PARTITION ACTIONS
Untimely filing of a motion for assigned counsel fees results in a corresponding reduction of the approved fee and the reimbursement to the county.
Failure to timely file the Motion for Assigned Counsel Fees shall result in a reduction in the amount which would have been reimbursed to the county by the state of Ohio Public Defender Commission, and the approved fee will be reduced accordingly.
Page 18 | RULE 18.1: SUBMISSION OF MOTION FOR ASSIGNED COUNSEL FEES
Service and Proof of Service Rules
When the Clerk is required by law to serve copies on other parties, the filing party must furnish sufficient copies.
Sufficient copies will be furnished by the filling party to enable the Clerk to serve each other party, according to law, when the Clerk is required to serve copies on other parties.
Page 3 | RULE 2: PLEADINGS AND MOTIONS
The opposing party must serve its memorandum within 14 days after service of the original motion.
Any party opposing the motion will serve and file his/her memorandum with a brief written statement of reasons in opposition to the motion within fourteen (14) days of service of the original motion.
Page 4 | RULE 3: DISPOSITION OF MOTIONS
Answers or objections must be returned to the proponent within 28 days, unless the Court shortens the time.
Opposing counsel, or the party if no counsel, shall type the answer or objection to each question on the ORIGINAL copy of the interrogatories, and return them to the proponent with 28 days, unless the Court shortens the time.
Page 4 | RULE 4: INTERROGATORIES
Except for interrogatories attached to a complaint for service with it, interrogatories and responses must not be filed with the Clerk and must be sent to opposing counsel or the party if unrepresented.
Except when Interrogatories are attached to the complaint, for service with the complaint, Interrogatories, and responses to Interrogatories shall not be filed with the Clerk. They shall be sent to the opposing counsel, or party 11 no counsel, leaving sufficient space between each interrogatory to permit typing the answer immediately beneath the question.
Page 4 | RULE 4: INTERROGATORIES
A withdrawal statement must be furnished to all parties of record and the Court, with a certificate of service attached.
If an attorney should desire to withdraw from a case, he/she may only do so by filing a written statement of such withdrawal with the Clerk of Courts and furnishing a copy of such withdrawal to all parties of record and to the Court with his certificate of service attached.
Page 5 | RULE 6: COUNSEL OF RECORD AND WITHDRAWAL OF COUNSEL
In any case where all the information is not known to the filing party a statement to this effect should be included and the affidavit questionnaire shall be served on the opposing party with the complaint, petition or motion.
In any case where all the information is not known to the filing party a statement to this effect should be included and the affidavit questionnaire shall be served on the opposing party with the complaint, petition or motion.
Page 19 | RULE 20: CHILD SUPPORT
For qualifying divorce, annulment, or legal-separation actions, service requires posting and mail; the notice must be posted at the courthouse and two additional public places for six successive weeks, and service is complete upon entry of posting.
Civil Rule 4.4 (A) (2) provides that in a divorce, annulment, or legal separation action, if the Plaintiff is proceeding in forma pauperis and if the residence of the defendant is unknown, service of publication shall be made by posting and mail. It is therefore ORDERED that upon the filing of the affidavit as required by Civil Rule 4.4 (A) (2), the Clerk shall cause service of notice to be made by posting in a conspicuous place in the Courthouse, and in two additional public places. The Court hereby designates the Village of McArthur Town Hall, the Village of Zaleski Town Hall, the Village of Wilkesville Town Hall, the Village of Hamden Town Hall, the McArthur Post Office, the Hamden Post Office, the Zaleski Post Office, the Wilkesville Post Office, the Ray Post Office, the New Plymouth Post Office, Vinton County Department of Job and Family Services and the Vinton County Community Building as "public places" for purposes of this rule. Posting shall be required only in the Courthouse and two additional public places. The notice shall be posted in the required locations for six successive weeks. After the last week of posting, the Clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting.
Page 31 | RULE 24.1: IN THE MATTER OF THE ADOPTION OF A RULE OF COURT PURSUANT TO CIVIL RULE 4.4 (A) (2)
Filing Fees and Waivers
The Clerk will refuse filings by a party with unpaid costs from a prior proceeding unless those costs have been waived due to indigency.
(D) The Clerk of this Court will refuse to accept for filing any complaint, motion, application or other papers where the party attempting to file the same has failed to pay all costs in any proceeding previously incurred unless the same have been waived due to indigency.
Page 8 | RULE 16: SECURITY FOR COSTS
Before a civil complaint or proceeding is accepted for filing, the filer must deposit a sum to secure accruing costs unless otherwise provided by law.
(A) No Complaint or proceeding in any civil case shall accepted by the Clerk of this Court for filing unless the party offering the same for filing shall first deposit a sum to secure the payment of costs that may accrue, except as otherwise provided by law.
Page 8 | RULE 16: SECURITY FOR COSTS
A final decree in a divorce, alimony, annulment, or dissolution case will not be approved for journalization until all incurred costs are paid.
(G) No final decree in divorce, alimony, annulment, or dissolution of marriage will be approved for journalization by the Court until all costs incurred have been fully paid.
Page 8 | RULE 16: SECURITY FOR COSTS
The court must not order mediation for an indigent party unless mediation is available to that party at no cost.
Mediation shall not be ordered where a party is indigent unless the mediation is available at no cost to the party.
Page 30 | Fees and Costs
The Court, pursuant to Section 2303.201 (B) (1) ORC, determines that, for the efficient operation of the Court, additional funds are required to computerize the office of the Clerk of the Court of Common Pleas, and pursuant to this determination, the Clerk of the Court of Common Pleas is authorized and directed to charge an additional fee of Ten Dollars on the
The Court, pursuant to Section 2303.201 (B) (1) ORC, determines that, for the efficient operation of the Court, additional funds are required to computerize the office of the Clerk of the Court of Common Pleas, and pursuant to this determination, the Clerk of the Court of Common Pleas is authorized and directed to charge an additional fee of Ten Dollars on the
Page 32 | RULE 24.5: ADDITIONAL COSTS PURSUANT TO SECTION 2303.201 (B) (1) ORC
A $3 additional fee is charged upon filing each cause of action or appeal covered by the specified statutory divisions.
The Court, pursuant to Section 2303.201 (A) (1) ORC, determines that, for the efficient operation of the Court, additional funds are required to computerize the Court, to make available computerized legal research services, or to do both, and that pursuant to this determination, the Clerk of the Court of Common Pleas is authorized and directed to charge one additional fee of Three Dollars on the filing of each cause of action or appeal under divisions (A), (Q) and (U) of Section 2303.20 ORC.
Page 32 | RULE 24.4: ADDITIONAL COSTS PURSUANT TO SECTION 2303.201 (A) (1) ORC
An additional $25.00 in court costs is assessed per case effective January 1, 2004.
Therefore, pursuant to the authority vested in the Court by Ohio Revised Code 2303.201 (E) (1), the court orders that there be assessed as court costs an additional sum of $25.00 per case effective January 1, 2004.
Page 33 | RULE 24.6: ADDITIONAL COSTS PURSUANT TO SECTION 2303.201
A $75.00 additional fee is charged on every new foreclosure complaint in foreclosure actions.
(1) As to foreclosure actions only, an additional fee of $75.00 shall be charged on every new foreclosure complaint.
Page 33 | IN THE MATTER OF MODIFICATION OF RULE REGARDING SPECIAL PROJECTS FUND
A $25.00 fee is charged upon filing each criminal cause, civil action or proceeding, or judgment by confession to fund mediation services.
Now, therefore, the Clerk of the Court of Common Pleas is hereby directed and authorized to charge the fee of twenty five dollars ($25.00) on the filing of each criminal cause, civil action or proceeding, or judgment by confession for the purpose of providing mediation service.
Page 34 | RULE 24.7: IN THE MATTER OF MEDIATION SERVICES, ASSESSING COSTS AND ESTABLISHING FUNDS THEREFORE
A $5.00 additional fee is charged for each filing of a certificate of judgment.
(3) An additional fee of $5.00 shall be charged for each filing of a certificate of judgment.
Page 34 | IN THE MATTER OF MODIFICATION OF RULE REGARDING SPECIAL PROJECTS FUND
A $25.00 additional fee is charged on every order of sale.
(2) An additional fee of $25.00 shall be charged on every order of sale.
Page 34 | IN THE MATTER OF MODIFICATION OF RULE REGARDING SPECIAL PROJECTS FUND
The Court may review any poverty affidavit at any stage of the proceedings.
(F) Every affidavit of poverty is subject to Court review at any state of the proceedings.
Page 8 | RULE 16: SECURITY FOR COSTS
In a case with multiple parties, the Clerk may require additional amounts estimated to cover service costs.
(B) In cases with multiple parties, the Clerk of Courts may require the payment of additional amounts estimated by the Clerk to be sufficient to cover costs of service.
Page 8 | RULE 16: SECURITY FOR COSTS
The parties may agree how to apportion mediation costs; absent agreement, the costs are to be shared equally, and the court determines apportionment if the parties cannot agree.
All costs shall be determined by the court, if applicable. The parties may agree between themselves to apportion the costs of the mediation. Unless otherwise agreed by the parties, the mediation costs shall be shared determine the apportionment of the mediation costs to the parties. The equally. In the event that the parties cannot agree, the court shall
Page 30 | Fees and Costs
The court may waive mediation costs for parties who are unable to pay.
the court shall court may waive costs for the parties who are unable to pay.
Page 30 | Fees and Costs
Sealing & Redaction Procedures
Personal and private information, including specified account information and information protected by law or court ruling, must not appear in public records, and the filing party and counsel must remove it from filed documents and their exhibits or addenda.
The following information is deemed "personal and private" and may not be included in a public record: 1. social security number; full financial account number (it may be listed as e.g. "....--1234"); and any other information deemed personal and private by any federal or state statute, regulation, executive order, or court ruling. It is the responsibility of the filing party and counsel to remove personal and private information from a document filed with the clerk of court's office. The responsibility of the filing party and counsel to remove personal and private information extends to and includes exhibits or addenda attached to filings, such as preliminary and final judicial reports which itemize state tax liens that use social security numbers as case numbers, or medical records.
Page 19 | RULE 21: PERSONAL AND PRIVATE INFORMATION
Personal and private information must be filed separately as a non-public record and kept in a separately marked envelope in the case file.
Personal and private information must be submitted in a separate filing which will be deemed by the court as a non-public record. The information will be kept in a separate envelope within the case filed marked as follows:
Page 20 | RULE 21: PERSONAL AND PRIVATE INFORMATION
Journal entries containing personal and private information must be submitted in both unredacted and redacted copies, with the redacted copy marked “redacted” wherever information was removed; the Court will sign both.
Journal entries that necessarily include personal and private information must be submitted to the clerk of court's office as follows: a copy that includes the personal and private information for placement in the non-public envelope and a copy with personal and private information redacted for placement in the public file. The copy not containing the personal and private information (for the public file) will have the notation "redacted" at all places in the document where such information was removed. The Court will sign both journal entries.
Page 20 | RULE 21: PERSONAL AND PRIVATE INFORMATION
The clerk will not remove personal and private information from a stamp-filed document without a court order.
The clerk of court will not remove any personal and private information from a stamp-filed document, including records or transcripts transmitted to this court from another court, without a court order to do so.
Page 21 | RULE 21: PERSONAL AND PRIVATE INFORMATION
The Clerk must keep Form 10-A in a separate sealed file, which may be disclosed to the public only by court order for good cause shown.
It is hereby ORDERED that the Clerk shall maintain a separate file which shall contain forms 10-A which file shall be considered sealed and shall be disclosed to the public only upon Court order for good cause shown.
Page 32 | RULE 24.3: IN THE MATTER OF FORM 10-A &PROTECTION NOTICE TO NCIC
The clerk may refuse to accept a filing containing personal and private information that has not been redacted or submitted in accordance with the order.
The clerk of courts may refuse to accept for filing any document that contains personal and private information that has not been redacted or submitted in accordance with this order.
Page 21 | RULE 21: PERSONAL AND PRIVATE INFORMATION
A party, attorney, or person whose personal and private information is in a public court record may petition for its removal; if granted, the information is placed in a separate envelope and deemed non-public.
A party or an attorney in a case, or any other person whose personal and private information is contained in a public record of this court may petition the court for the removal of personal and private information, and if the request is granted, the personal and private information will be removed from a stamp-filed document and placed in a separate envelope and deemed a non-public record.
Page 21 | RULE 21: PERSONAL AND PRIVATE INFORMATION
Personal and private information in pre-implementation filings and in records or transcripts transmitted from another court is considered public.
Any personal and private information in documents filed prior to the implementation of this rule is considered public. Any personal and private information in records or transcripts transmitted to this court from another court is considered public.
Page 21 | RULE 21: PERSONAL AND PRIVATE INFORMATION
Pre-Motion Conference Requirements
An opposing party must serve and file an opposition memorandum with a brief statement of reasons within 14 days after service of the original motion.
Any party opposing the motion will serve and file his/her memorandum with a brief written statement of reasons in opposition to the motion within fourteen (14) days of service of the original motion.
Page 4 | RULE 3: DISPOSITION OF MOTIONS
Motions are decided without an oral hearing unless oral argument is specifically requested, and are submitted on brief written statements of supporting reasons.
Unless oral argument is specifically requested in civil cases, motions will be submitted and determined without oral hearing and upon brief written statements of reasons in support thereof.
Page 3 | RULE 3: DISPOSITION OF MOTIONS
Adjournment & Extension Requirements
A scheduled mediation may be continued only for good cause after the parties determine a mutually acceptable future date, and the mediation must be rescheduled before the final pretrial; pending motions are not good cause unless the court authorizes otherwise.
Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediation Coordinator or the Judge or Magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.
Page 27 | RULE 22: MEDIATION
A continuance request for a new mediation date within 45 days of referral must go to the Mediation Coordinator; a request for a date more than 45 days after referral must go to the assigned judge or magistrate.
If a continuance of a scheduled mediation is requested and the proposed new date is within 45 days of the initial referral to mediation, then the request shall be made to the Mediation Coordinator. If the requested date is more than 45 days after the referral to mediation, then the request must be made to the judge or magistrate assigned to the case.
Page 28 | RULE 22: MEDIATION
An extension for a deadline not involving a court hearing is permitted only upon a showing to the court that it will not disrupt the scheduled movement of the case.
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.
Page 28 | RULE 22: MEDIATION
Continuances of a scheduled mediation will be granted only by the Judge, Magistrate or staff mediator, where applicable, for good cause.
Continuances of a scheduled mediation will be granted only by the Judge, Magistrate or staff mediator, where applicable, for good cause.
Page 28 | RULE 22: MEDIATION
For good cause shown, the Court may extend or shorten the filing time for assignments of error or briefs.
(4) The Court for good cause shown may extend or shorten the time within which assignments of error or briefs shall be filed.
Page 6 | RULE 8: APPEALS TO THE COMMON PLEAS COURT
Chambers Communication Rules
Parties and counsel must advise the assigned judge or magistrate of specified domestic violence allegations involving persons required to attend mediation.
All parties and counsel shall advise the assigned judge or magistrate of any domestic violence allegations known to them to exist or to have existed in the past, or which become known to them following entry of the order but before conclusion of all mediation proceedings, which allegations involve any two or more persons whose attendance is required by the referral order.
Page 23 | RULE 22: MEDIATION — D. Case Selection (1) Referral Process
Parties and counsel must advise the assigned judge or magistrate of specified domestic violence allegations involving persons required to attend mediation.
All parties and counsel shall advise the assigned judge or magistrate of any domestic violence allegations known to them to exist or to have existed in the past, or which become known to them following entry of the referral to mediation order but before conclusion of all mediation proceedings, which allegations involve any two or more persons whose attendance is required by the referral order.
Page 24 | RULE 22: MEDIATION — D. Case Selection (1) Referral Process