AMENDMENTS TO LOCAL RULE 1.19, THE ASSIGNMENT SYSTEM (MontCourt News & Announcements)

 
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AMENDMENTS TO LOCAL RULE 1.19, THE ASSIGNMENT SYSTEM

Posted: 2016-08-05

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

AMENDMENTS TO LOCAL RULE 1.19, THE ASSIGNMENT SYSTEM

(EMERGENCY STATUS – EFFECTIVE AUGUST 10, 2016)

 

The General Division of the Montgomery County Common Pleas Court adopted amendments to Local Rule 1.19 effective August 10, 2016.

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 10, 2016, through Tuesday, October 11, 2016.

Comments regarding the adopted amendments to Local Rule 1.19 can be submitted via email to rulecom@montcourt.org or in writing to:

James E. Dare, 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 Tuesday, October 11, 2016.


Rule 1.19 – The Assignment System

 

The assignment system is the procedure adopted by the Court for the assignment of cases.  Pursuant to this system, each civil and criminal case shall be randomly assigned to a Judge (“assigned Judge”) who will be responsible for determining all matters in the case.  Random assignment is assignment of cases by chance.

A.      CIVIL DOCKETS:

1.      All civil cases shall be randomly assigned to the Judges of the Court.  Subject to Sup. R. 4(C), the Administrative Judge may be relieved from part of the Administrative Judge’s trial duties and utilize the time to manage the calendar and docket of the Court.

2.      Case assignments shall be made through the use of computer software and hardware systems that have been tested to ensure that case assignments are made in a random manner.

3.      Companion cases shall be assigned to the Judge whose name was drawn for the case filed first, if that Judge so approves.

4.      Withdrawal:  A Judge who withdraws from a case shall report this to the Court Services Division, Caseflow Services, via a request for disqualification.  The Administrative Judge shall reassign the case to another Judge pursuant to the Ohio Rules of Superintendence.

5.      Re-filed Cases:  In instances where a previously filed and dismissed case is re-filed, the case shall be reassigned to the originally assigned Judge unless it is a Mortgage Foreclosure or, for good cause shown, the Judge is precluded from hearing the case.

6.      Consolidated Cases:  Pursuant to Civ. R. 42, parties to civil cases may move the Court to consolidate cases.  The motion shall be filed in each case for which consolidation is sought.  The decision of whether to consolidate cases into a single trial shall initially be decided by the assigned Judge with the lowest case number.

a.      If an entry is signed granting consolidation in the lowest case number, the party seeking consolidation shall then file a proposed entry in each additional case sought to be consolidated.

b.      If consolidation is ordered by the assigned Judge in each case, the consolidated cases will be placed on the docket of the assigned Judge with the lowest case number, unless otherwise ordered by the Administrative Judge.

c.       If cases are consolidated pursuant to this Rule, all subsequent filings shall identify all the case numbers in the caption and shall be entered on the docket for each case.

7.      When an assigned Judge is not available, arrangement may be made by that Judge or by the Administrative Judge for another member of the Court to handle urgent matters and sign entries. 

8.      All changes in assignments shall be noted in the records of the Clerk and Court Services division, Caseflow Services, pursuant to Subsection (C) and (D) of this rule.

B.      CRIMINAL DOCKETS:

1.      Grand Jury Judge:  Each term, one Judge will be assigned to supervise the Grand Jury (“Grand Jury Judge”).  The Grand Jury Judge shall preside over central arraignments.  The Grand Jury Judge shall handle criminal matters that may arise in individual cases prior to indictment and arraignment, including the setting of bonds.  The Grand Jury Judge shall handle extraditions and habeas corpus actions pertaining to extraditions.  The Grand Jury Judge and the assigned Judge may handle arraignments.  Pleas of guilty and no contest shall be handled by the assigned Judge.  The Judge assigned to the next Grand Jury term shall assist the Grand Jury Judge upon request.

2.      Assignment of Cases:

a.      Except as provided in Subsection (B)(2)(b) of this Rule, all criminal cases shall be randomly assigned to the Judges of the Court upon the approval of felony charges by the prosecuting attorney.  Each day, the Court Services Division, Caseflow Services, shall randomly assign pre-indictment cases.

b.      Exceptions:

i.        If the case does not involve multiple defendants and the defendant (1) is on community control that has not been terminated by entry or (2) has a prior indictment pending on active or inactive status in this county, the case shall be assigned to the Judge who placed the defendant on community control or on whose docket the prior indictment is pending.

ii.       If a case involves multiple defendants and any defendant (1) is on community control that has not been terminated by entry or (2) has a prior indictment pending on active or inactive status in this county, the lowest case number shall control the assignment.

iii.     If an adjustment in the method of assignment is made as a result of this Subsection, then the assigned Judge shall receive credit(s) for the additional assignment(s).

C.      THE CLERK SHALL:

1.      Record the name of the Judge to whom each civil or criminal case is assigned on the appearance docket;

2.      Record any subsequent change in assignment on the appearance docket and any other records; and

3.      Provide all assignments and adjustments in assignments to the entity designated by statute for publication.

D.     COURT SERVICES DIVISON, CASEFLOW SERVICES SHALL:

1.      Maintain a case record of each pending case that includes:

a.      A consecutive number;

b.      The name of the Judge to whom the case is assigned; and

c.       One of the following case types:  Administrative Appeal; Appropriation; Civil Action – Other; Civil Stalking Protection Order; Cognovit Note; Complex Litigation; Criminal; Declaratory Judgment; Disposal of Property; Forcible Entry; Foreclosure; Forfeiture of Property; Habeas Corpus; Injunction; Medical Malpractice; Other Tort (specify type); Personal Injury; Product Liability; Professional Tort; Replevin; Transfer from Other Court; Workers’ Compensation; or Writ of Mandamus.

2.      Record the date:

a.      The case was assigned;

b.      Of any pretrial conference;

c.       Notices were transmitted;

d.      Of trial;

e.      Of any continuance;

f.        Of the verdict or decision; and

g.      Of the final entry.

3.      Prepare reports required by Sup. R. 37;

4.      Prepare and approve separate reports for each Judge of the Court;

5.      Provide a monthly report on the status of each Judge’s docket to each Judge; and

6.      Identify cases that should be terminated and notify the appropriate Judges of the status of those cases.  After the Judges have been notified, the Court Services Division, Caseflow Services, shall submit final termination entries for approval to each assigned Judge for cases that are eligible for dismissal.

E.      TRANSFER OF ASSIGNED CASE TO ALTERNATE JUDGE: 

If a case is transferred from the assigned Judge to an alternate Judge, the alternate Judge shall hear all motions and proceedings pertaining to the case.

F.       ASSIGNMENT OF CASES TO NEWLY APPOINTED OR ELECTED JUDGES:

1.      A new member of the Court shall be assigned the cases previously assigned to the Judge whom the newly appointed or elected Judge succeeds.

2.      In the event an additional Judge is added to the Court, the additional Judge shall be assigned a proportionate share of the pending cases form the individual docket of the other members of the Court.

G.     FOREIGN EXECUTIONS AND OTHER ANCILLARY MATTERS:

When necessary to resolve any question arising on a foreign execution, certificate of judgment from another court or similar ancillary matter not otherwise assigned to a Judge under these Rules, counsel shall call the matter to the attention of the Administrative Judge.

 
     
 
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