PROPOSED AMENDMENTS TO LOCAL RULES (MontCourt News & Announcements)

 
Court News & Announcements
05/08/17 AMENDMENTS TO LOCAL RULES 2.23 - 2.23.4 EMERGENCY STATUS EFFECTIVE MAY 10, 2017
02/23/17 AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES (EMERGENCY STATUS EFFECTIVE MARCH 1, 2017)
01/13/17 AMENDMENTS TO LOCAL RULE 2.39, CIVIL MEDIATION
09/15/16 AMENDMENTS TO LOCAL RULE 3.09, COURT APPOINTMENT OF COUNSEL (EMERGENCY STATUS - EFFECTIVE SEPTEMBER 20, 2016)
08/05/16 AMENDMENTS TO LOCAL RULE 1.19, THE ASSIGNMENT SYSTEM
02/04/16 AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES (EMERGENCY STATUS -- EFFECTIVE MARCH 7, 2016)
12/16/15 Veteran's Treatment Court Graduation Keynote Address
12/08/15 AMENDMENTS TO LOCAL RULE 2.07 EMERGENCY STATUS – EFFECTIVE DECEMBER 14, 2015
12/10/14 PROPOSED AMENDMENTS TO LOCAL RULES 2.01, 2.07, 2.31, 2.39
09/04/14 Veterans Treatment Court Mentoring Program
08/25/14 Amendments to Local Rules 2.01 – 3.15 Effective August 29, 2014
08/25/14 Revised Local Rule 1.15 Effective August 29, 2014
07/30/14 Veterans Treatment Court
05/07/14 AMENDMENTS TO LOCAL RULES: Gender Specific Court, EMERGENCY STATUS effective May 12th, 2014
03/21/14 AMENDMENTS TO LOCAL RULES 1.01 – 1.41 EMERGENCY STATUS – EFFECTIVE MARCH 21, 2014
10/01/13 NEW LOCAL RULES: 3.12, Drug Court 3.13, Veteran’s Court 3.14, Felony Non-Support Court
08/22/13 LOCAL RULE 2.39 CIVIL MEDIATION EMERGENCY STATUS UPDATE
08/16/13 PROPOSED AMENDMENTS, LOCAL RULE 3.09, COURT APPOINTMENT OF COUNSEL
04/08/13 NEW LOCAL RULE 2.40, CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
03/06/13 AMENDMENTS TO LOCAL RULE 2.03, COSTS
02/01/13 MANDATORY ELECTRONIC FILING OF CRIMINAL AND FUGITIVE CASES
11/20/12 DELAYED IMPLEMENTATION: MANDATORY CRIMINAL EFILING
11/01/12 eFiling for Process Servers and Criminal and Fugitive cases
10/12/12 I-75 Downtown Dayton Construction Update
08/08/12 PROPOSED AMENDMENT(S) TO LOCAL RULE 2.31
05/01/12 PROPOSED AMENDMENT(S) TO LOCAL RULE 1.23
11/02/11 PROPOSED AMENDMENT(S) TO LOCAL RULES 1.27 and 2.39
08/08/11 AMENDMENT TO LOCAL RULE 1.33 EFFECTIVE AUGUST 8, 2011
06/08/11 PROPOSED AMENDMENT(S) TO LOCAL RULES 1.15 1.35 1.37 1.41 2.17
02/14/11 Request For Quotation, Legal Publishing Services
08/04/10 AMENDMENT(S) TO LOCAL RULE 1.27
06/03/10 Final Entry and Order: Loc. R. 2.23, Judicial Sale of Real Estate
05/05/10 AMENDMENT(S) TO LOCAL RULE 2.23
02/02/10 PROPOSED Amendment to Local Rule 2.23
12/01/09 EFILILING Civil Cases to be mandatory
11/04/09 AMENDMENT TO LOCAL RULE 2.03, COSTS
09/01/09 Evidence Destruction Notice
08/11/09 Request For Quotation, Transcription Services
06/06/09 Amendments to all local rules through June 08, 2009
06/05/09 AMENDMENT(S) TO LOCAL RULE 2.33
05/07/09 Amendments to local rules 1.33, 2.01, 2.03, 2.35 & 2.39
04/27/09 LAW DAY
04/20/09 E-Filing Administrative Rule, effective April 1, 2009
03/04/09 AMENDMENT TO LOCAL RULE 2.31
11/04/08 AMENDMENT(S) TO LOCAL RULE 1.19, 1.27, 1.29, 1.30, 2.03
10/08/08 Notice for destruction of Evidence
08/11/08 PROPOSED E-Filing ADMINISTRATIVE RULE
08/10/08 PROPOSED AMENDMENT(S) TO LOCAL RULE 1.19, 1.27, 1.29, 1.30
06/01/08 AMENDMENT(S) TO LOCAL RULE 2.01
05/19/08 Mortgage Foreclosure Help Resources
05/02/08 Law Day Dayton Daily News insert
03/06/08 New E-Filing webblog now available
01/23/08 Request For Quotation, Transcription Services
09/06/07 Local Rule Change
08/01/07 RFP for Electronic Filing System
05/22/07 Trial By Jury
05/10/07 Proposed Local Rule Change
05/10/07 Proposed Local Rule Change
05/06/07 Entrance Access during Construction
03/07/07 Proposed Local Rule Change
02/09/07 Local Rule Change
05/16/06 Electronic Filing Project Newsletter
03/07/06 Montgomery County Common Pleas Court Sponsors Law Day Essay Contest
06/01/05 Jury News
03/01/05 Pre-S.B. 80 Case Management Track
03/11/04 PROPOSED AMENDMENTS TO LOCAL RULES
02/12/04 HABITAT AWARD
11/14/03 NOTICE OF REVISED AMENDMENTS TO LOCAL RULES
11/04/03 GENERAL DIVISION WEB SITE RECEIVES NATIONAL RECOGNITION
06/04/03 Division of Criminal Justice Services ACA / CAC Audits
04/30/03 Law Day 2003
 

PROPOSED AMENDMENTS TO LOCAL RULES

COMMENTS REQUESTED BY MAY 11, 2004

Posted: 2004-03-11

PROPOSED AMENDMENTS TO LOCAL RULES OF PRACTICE AND

PROCEDURE FOR THE GENERAL DIVISION OF THE

MONTGOMERY COUNTY COURT OF COMMON PLEAS


COMMENTS BY MAY 11, 2004

COMMENTS REQUESTED: Pursuant to Loc. R. 1.03, Local Rules of Practice and Procedure for the General Division of the Montgomery County Court of Common Pleas, proposed amendments to Loc. R. 2.35, Arbitration are being published for a sixty-day public comment period beginning Friday, March 12, 2004 through Tuesday May 11, 2004.


Comments on the proposed amendments should be in writing to Connie Villelli, Court Management Assistant, Montgomery County Common Pleas Court, 41 N. Perry Street, P.O. Box 972, Dayton, OH, 45422 no later than 4:30 p.m. on Tuesday, May 11, 2004


EFFECTIVE JULY 1, 2004


The proposed amendments will take effect on July 1, 2004, unless prior to such date the Court in its discretion amends, modifies, or withdraws the proposed amendments to the local rules. In the event, the Court amends, modifies, or withdraws the proposed amendments to the local rules, the revision will be published for a thirty-day notice period.


The following are proposed amendments to the Local Rules of Practice and Procedure for the General Division of the Montgomery County Court of Common Pleas.


The language added to the rules is CAPITALIZED AND IN BOLD TYPE. The language deleted to the rules is lined through. 


PROPOSED AMENDMENTS TO LOC. RULE 2.35ARBITRATION


SECTION I:

 

I.         CASES FOR ARBITRATION

            Arbitration shall not be permitted in the following cases:

 

            A.        Actions involving title to real estate, equitable relief and appeals; and

 

            B.        Actions where the amount in controversy (exclusive of interest and costs) as determined by the assigned judge exceeds $50,000 for each ANY party. Where all parties to the action agree, the $50,000 limit is waived. ARBITRATION MAY BE ORDERED IN CASES WHERE THE MONETARY AMOUNT IN CONTROVERSY EXCEEDS $50,000 FOR ANY PARTY WHERE ALL PARTIES TO THE ACTION AGREE TO ARBITRATION. ONCE A CASE HAS BEEN REFERRED TO ARBITRATION, THE ARBITRATOR OR ARBITRATION PANEL, AFTER HEARING THE EVIDENCE, MAY AWARD AN AMOUNT GREATER THAN $50,000 FOR ANY PARTY, IF APPROPRIATE.

 

            C.        IN THE EVENT THAT ANY PARTY BELIEVES THAT ARBITRATION SHOULD BE VACATED BECAUSE THE MONETARY AMOUNT IN CONTROVERSY EXCEEDS $50,000 FOR ANY PARTY, THE PARTY SHALL FILE A MOTION TO VACATE ARBITRATION AT THE TIME OF THE FILING OF THE ARBITRATION JOINT PRETRIAL STATEMENT OR FOURTEEN (14) DAYS PRIOR TO THE ARBITRATION HEARING WHICH EVER IS SOONER. PARTIES FILING A MOTION TO VACATE ARBITRATION SHALL PROMPTLY SERVE THE ARBITRATION CLERK WITH A COPY OF THE MOTION.


SECTION III:

 

III        ASSIGNMENT OF CASES

 

            C.        Once a time and place is set for a hearing, the hearing shall proceed forthwith at the scheduled time. There shall be no communications concerning the merits of the controversy by counsel or parties with the arbitrator (s) prior to the commencement of the hearing.

 

                        1.         IN THE ABSENCE OF AGREEMENT OF COUNSEL, PERSONS WHO HAVE THE BURDEN OF PROOF ARE REQUIRED TO ATTEND THE ARBITRATION HEARING. FAILURE TO APPEAR OR BE ABLE TO GO FORWARD AT AN ARBITRATION HEARING SHALL SUBJECT PARTIES TO A SANCTION IN THE AMOUNT OF THE CANCELLATION FEE PAID TO THE ARBITRATOR(S) UNDER II. G. 5. OF THIS RULE.


SECTION IX:

 

IX       TRANSCRIPTION OF ARBITRATION PROCEEDINGS

 

            A.        There shall be no recording or transcription of arbitration proceedings by stenography or other methods except upon a motion to the court for good cause shown or upon agreement of all parties. A COPY OF THE MOTION SHALL BE DELIVERED TO THE ARBITRATION OFFICE IMMEDIATELY AFTER THE ORIGINAL MOTION HAS BEEN FILED WITH THE CLERK OF COURTS.

 
     
 
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