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

 
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AMENDMENTS TO LOCAL RULE 2.05, PLEADINGS AND MOTIONS EMERGENCY STATUS

Posted: 2018-11-07

AMENDMENT TO THE

LOCAL RULES OF PRACTICE AND PROCEDURE FOR THE MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

LOCAL RULE 2.05, PLEADINGS & MOTIONS EMERGENCY STATUS - EFFECTIVE NOVEMBER 13, 2018

Comments requested: The General Division of the Montgomery County Court of Common Pleas will accept public comments until January 11, 2019, on an adopted amendment to the Court's Local Rules of Practice and Procedure, specifically, Rule 2.05, Pleadings and Motions.

Pursuant to Rule 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 amendment is being published for a sixty-day comment period beginning Wednesday, November 13, 2018, through Friday, January 11, 2019.

Comments on the amendment must be submitted in writing to Steven C. Hollon, Court Administrator, 41 N. Perry Street, P.O. Box 972, Dayton, Ohio 45422 or Steven.Hollon@montcourt.oh.gov and received no later than 4:30 p.m. on Friday, January 11, 2019. Please include your full name and regular mailing address in any comment submitted by email. Copies of all comments submitted will be provided to the Judges of the General Division for their review and consideration.

1 Rule 2.05 - Pleadings and Motions

2

3 A. PLEADINGS:

4 1. Initial Pleadings:

5 a. The caption of all initial pleadings shall contain the information required by Civ. R.

6 10(A).

7 b. The eFile system shall generate a Civil Case Information Form based on the

8 information provided to the eFile system when the initial pleading is filed.

9 2. Pleadings Filed Subsequent to the Initial Pleading:

10 All pleadings filed subsequent to the initial pleading shall specify:

11 a. the case number;

12 b. the name of the assigned Judge or the name of the Judge who heard the case and

13 the Magistrate, if applicable;

14 c. the signature of the attorney who is making the filing, as required by Mont. Co.

15 C.P.R. 1.15(F)(4)(a); and

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

17 3. Personal and Private Information in Pleadings and Exhibits:

18 a. In accordance with Mont. Co. C.P.R. 1.15(I), a filer shall not include personal and

19 private information in any document filed with the Court, unless such inclusion is

20 necessary and relevant to the case.

21 b. If personal and private information is necessary and must be included in a

22 document, the filing party must file the document in accordance with Mont. Co.

23 C.P.R. 1.15(I).

24 c. No pleading shall include photographs or digital images without prior court approval

25 upon good cause shown.

26

27 B. MOTIONS:

28 1. Moving Parties:

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

30 i. A brief written memorandum that shall:

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

32 b) set forth the relief or order sought; and

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

34 ii. Copies of all photographs or documentary evidence that will be used in support

35 of the motion, if the motion requires the consideration of facts that do not

36 appear in the record.

37 iii. A proposed order or entry filed in accordance with Mont. Co. C.P.R. 1.15(F)(2)(b).

38 Substantive motions, i.e. motions for summary judgment in non-foreclosure

39 cases, do not require a proposed order or entry to be filed unless otherwise

40 ordered by the Court.

41 b. If a memorandum in opposition is filed in accordance with Subsection (B)(2) of this

42 Rule, a moving party may file a reply memorandum within seven days from the date

43 on which the memorandum in opposition is filed.

44 2. Opposing Parties: All parties opposing motions shall file and serve a memorandum in

45 opposition to the motion that has been filed and served against them. All memoranda

46 shall:

47 a. be accompanied by copies of all photographs or documentary evidence that will be

48 used in opposition to the motion, if the motion requires the consideration of facts

49 that do not appear in the record and

50 b. be filed and served within 14 days from the date on which the motion was served. If

51 no memorandum is filed within this time limit, the motion may be decided

52 forthwith.

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

54 4. Limitation upon Length of Memoranda:

55 Memoranda in support or in opposition to any motion or application to the Court shall

56 not exceed 20 pages and otherwise shall comply with Mont. Co. C.P.R. 1.15(F)(1). The

57 page limitation may be modified by the Court for good cause shown and upon such

58 conditions as set by the Court.

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

60

61 C. PROCESS SERVERS:

62 1. One-time Appointment:

63 If a party desires personal service to be made by a special process server pursuant to

64 Civ. R. 4.1, that party or counsel must file with the Clerk an entry of appointment

65 providing:

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

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

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

69 counsel for a party in the action.

70 2. Standing Appointment:

71 a. A person may be designated as a "Standing Special Process Server" for cases filed in

72 the Court by filing a combined affidavit and order (Appendix I). The affidavit shall

73 set forth the following information:

74 i. The name, address, and telephone number of the person to be appointed as a

75 Standing Special Process Server;

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

77 iii. That the person agrees not to attempt service of process in any case the server is

78 a party or counsel for a party; and

79 iv. That the person agrees to follow the requirements of Civ. R. 4-4.6, any applicable

80 local rule, and specific instructions for service of process as ordered by the Court

81 in individual cases.

82 b. A standing appointment shall be for no more than a two-year period ending on

83 December 31. Upon expiration of an appointment, a person must reapply in

84 accordance with Subsection (C)(2)(a) of this Rule.

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

86 Process Server.

87 d. The order shall be captioned: "In Re: The Appointment of [Name of Person

88 Requesting Appointment] as Standing Special Process Server" and state the

89 following:

90

91 "It appearing to the Court that the following person has complied with the

92 provisions of Mont. Co. C.P.R. 2.05(C), [Name of Person Requesting

93 Appointment] is hereby designated as a Standing Special Process Server

94 authorized to make service of process in all cases filed in this Court and to serve

95 until December 31, , or further order of the Court, whichever comes first."

96

97 e. The Clerk shall record such appointment on the Court's general docket and shall

98 retain the original affidavit and order. In any case thereafter, the Clerk shall accept a

99 time-stamped copy of such affidavit and order as satisfying the requirements of Civ.

100 R. 4.1(B) for designation by the Court of a person to make service of process.

 
     
 
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