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Rule Changes

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

NEW LOCAL RULE 2.18, PROCEDURE AFTER REMAND

(EMERGENCY STATUS - EFFECTIVE MAY 9, 2018)

 

The General Division of the Montgomery County Common Pleas Court added Local Rule 2.18 effective MAY 9, 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, May 9, 2018, through Monday, July 9, 2018.

Comments regarding Local Rule 2.18 can be submitted via email to rulecom@montcourt.oh.gov 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 Monday, July 9, 2018.

Rule 2.18 - Procedure after Remand

New Rule

A.      REMAND FROM STATE APPELLATE COURT:

1.      In any matter appealed from this Court, the parties or their attorneys of record shall be responsible for monitoring the progress of the appeal and advising this Court when a decision remanding the matter to this Court for any purpose has been issued. Such notice shall take the form of a Notice of Remand, to be filed with the Clerk of this Court within ten (10) days after the appellate decision is issued and accompanied by a copy of that decision.

2.      If any party intends to pursue further appellate proceedings that might prevent this Court's jurisdiction from being fully restored, the Notice of Remand shall so advise.

 

B.      REMAND FROM FEDERAL COURT:

In any matter remanded to this Court following removal to federal court, within ten (10) days after the remand order is issued, the party who removed the action or his/her/its attorney of record shall be responsible for filing in electronic form with the Clerk of this Court: 1) a complete copy of the case docket from the federal court, and 2) copies of all substantive decisions issued by the federal court while the matter was pending there.

 
     
 
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