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Court News & Announcements
11/07/18 |
AMENDMENTS TO LOCAL RULE 2.05, PLEADINGS AND MOTIONS EMERGENCY STATUS |
08/07/18 |
AMENDMENTS TO LOCAL RULE 2.05, PLEADINGS AND MOTIONS |
12/12/17 |
NEW LOCAL RULE 3.16, MENTAL HEALTH COURT (EMERGENCY STATUS - EFFECTIVE DECEMBER 18, 2017) |
09/12/17 |
AMENDMENTS TO LOCAL RULE 1.33, EXAMINATION, CERTIFICATION, RENEWAL AND REMOVAL OF NOTARIES PUBLIC (EMERGENCY STATUS – EFFECTIVE OCTOBER 2, 2017) |
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 |
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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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