AMENDMENTS TO LOCAL RULE 2.05, PLEADINGS AND MOTIONS (MontCourt News & Announcements)

 
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AMENDMENTS TO LOCAL RULE 2.05, PLEADINGS AND MOTIONS

Posted: 2018-08-07

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

AMENDMENTS TO LOCAL RULE 2.05, PLEADINGS AND MOTIONS

(EMERGENCY STATUS - EFFECTIVE AUGUST 15, 2018)


The General Division of the Montgomery County Common Pleas Court adopted amendments to Local Rule 2.05 effective AUGUST 15, 2018.

Pursuant to Mont. Co. C.P.R. 1.03 of the Local Rules of Practice and Procedure for the Montgomery County Court of Common Pleas and Rule 5 of the Rules of Superintendence for the Courts of Ohio, the adopted amendments are being published for a sixty-day comment period beginning Wednesday, August 15, 2018, through Monday, October 15, 2018.

Comments regarding the adopted amendments to Local Rule 2.05 can be submitted via email to rulecom@montcourt.org or in writing to:

Steven C. Hollon, Court Administrator

Montgomery County Common Pleas Court

41 N. Perry Street

P.O. Box 972

Dayton, OH 45422

Comments must be received by 4:30 p.m. on Monday, October 15, 2018.

Rule 2.05 - Pleadings and Motions

A. PLEADINGS:

1. Initial Pleadings:

a. The caption of all initial pleadings shall contain the information required by Civ. R. 10(A).

b. The eFile system shall generate a Civil Case Information Form based on the information provided to the eFile system when the initial pleading is filed.

2. Pleadings Filed Subsequent to the Initial Pleading:

All pleadings filed subsequent to the initial pleading shall specify:

a. the case number;

b. the name of the assigned Judge or the name of the Judge who heard the case and the Magistrate, if applicable;

c. the signature of the attorney who is making the filing, as required by Mont. Co. C.P.R. 1.15(F)(4)(a); and

d. a Certificate of Service as required by Mont. Co. C.P.R. 1.15(H)(4).

3. Personal and Private Information in Pleadings and Exhibits:

a. In accordance with Mont. Co. C.P.R. 1.15(I), a filer shall not include personal and private information in any document filed with the Court, unless such inclusion is necessary and relevant to the case.

b. If personal and private information is necessary and must be included in a document, the filing party must file the document in accordance with Mont. Co. C.P.R. 1.15(I).

B. MOTIONS:

1. Moving Parties:

a. All moving parties shall file and serve their motions with the following:

i. A brief written memorandum that shall:

a) state with particularity the grounds in support of the motion;

b) set forth the relief or order sought; and

c) specify the citations of the authorities upon which the motion is based.

ii. Copies of all photographs or documentary evidence that will be used in support of the motion, if the motion requires the consideration of facts that do not appear in the record.

iii. A proposed order or entry filed in accordance with Mont. Co. C.P.R. 1.15(F)(2)(b). Substantive motions, i.e. motions for summary judgment in non-foreclosure cases, do not require a proposed order or entry to be filed unless otherwise ordered by the Court.

b. If a memorandum in opposition is filed in accordance with Subsection (B)(2) of this Rule, a moving party may file a reply memorandum within seven days from the date on which the memorandum in opposition is filed.

2. Opposing Parties: All parties opposing motions shall file and serve a memorandum in opposition to the motion that has been filed and served against them. All memoranda shall:

a. be accompanied by copies of all photographs or documentary evidence that will be used in opposition to the motion, if the motion requires the consideration of facts that do not appear in the record and

b. be filed and served within 14 days from the date on which the motion was served. If no memorandum is filed within this time limit, the motion may be decided forthwith.

3. Other Memoranda: No other memoranda shall be filed without leave of the Court.

4. Limitation upon Length of Memoranda:

Memoranda in support or in opposition to any motion or application to the Court shall not exceed 20 pages and otherwise shall comply with Mont. Co. C.P.R. 1.15(F)(1). The page limitation may be modified by the Court for good cause shown and upon such conditions as set by the Court.

5. This rule shall not apply to any motion made pursuant to Civ. R. 55.

C. PROCESS SERVERS:

1. One-time Appointment:

If a party desires personal service to be made by a special process server pursuant to Civ. R. 4.1, that party or counsel must file with the Clerk an entry of appointment providing:

a. The name of the person to be appointed as process server;

b. That the person to be appointed as process server is 18 years of age or older; and

c. That the person to be appointed as process server is not a party in the action or counsel for a party in the action.

2. Standing Appointment:

a. A person may be designated as a "Standing Special Process Server" for cases filed in the Court by filing a combined affidavit and order (Appendix I). The affidavit shall set forth the following information:

i. The name, address, and telephone number of the person to be appointed as a Standing Special Process Server;

ii. That the person is 18 years of age or older;

iii. That the person agrees not to attempt service of process in any case the server is a party or counsel for a party; and

iv. That the person agrees to follow the requirements of Civ. R. 4-4.6, any applicable local rule, and specific instructions for service of process as ordered by the Court in individual cases.

b. A standing appointment shall be for no more than a two-year period ending on December 31. Upon expiration of an appointment, a person must reapply in accordance with Subsection (C)(2)(a) of this Rule.

c. The Administrative Judge authorizes the appointment order for a Standing Special Process Server.

d. The order shall be captioned: "In Re: The Appointment of [Name of Person Requesting Appointment] as Standing Special Process Server" and state the following:

"It appearing to the Court that the following person has complied with the provisions of Mont. Co. C.P.R. 2.05(C), [Name of Person Requesting Appointment] is hereby designated as a Standing Special Process Server authorized to make service of process in all cases filed in this Court and to serve until December 31, ____, or further order of the Court, whichever comes first."

e. The Clerk shall record such appointment on the Court's general docket and shall retain the original affidavit and order. In any case thereafter, the Clerk shall accept a time-stamped copy of such affidavit and order as satisfying the requirements of Civ. R. 4.1(B) for designation by the Court of a person to make service of process.

 
     
 
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