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

AMENDMENTS TO LOCAL RULE 1.15

FILING OF COURT DOCUMENTS AND REMOVAL OF

PAPERS FROM CUSTODY OF THE CLERK

EFFECTIVE MARCH 1, 2021 (EMERGENCY BASIS)

Mont. Co. C.P.R. 1.15(F)(2) was amended to delete the reference to WordPerfect as an acceptable e-Filing format for proposed orders and entries.

As of July 1, 2020, the Ohio Rules of Civil Procedure permit waiver of service in certain civil cases. Accordingly, Mont. Co. C.P.R. 1.15(H)(1) and H(2) were amended to provide for waiver of service.  Mont. Co. C.P.R. 1.15(H)(2)(b), as amended, refers to the new Appendix A (Rule 4.7 Notice of A Lawsuit and Request to Waive Service of Summons).

Mont. Co. C.P.R. 1.15(H)(1)(c) was added to clarify that the default method of service by the Clerk is by FedEx.

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AMENDMENTS TO LOCAL RULE 1.25

RECORDING OF COURT PROCEEDINGS

EFFECTIVE MARCH 1, 2021 (EMERGENCY BASIS)

Mont. Co. C.P.R. 1.25(C)(1)(a)(ii) and 1.25(C)(2)(a)(ii) were amended to re-letter the appendices referenced in such Rule as the result of adding Appendix A now referenced in Mont. Co. C.P.R. 1.15.

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AMENDMENTS TO LOCAL RULE 2.01

CIVIL CASE PLAN MANAGEMENT

EFFECTIVE MARCH 1, 2021 (EMERGENCY BASIS)

As of July 1, 2020, the Ohio Rules of Civil Procedure permit waiver of service in certain civil cases. Accordingly, amendments were made to Mont. Co. C.P.R. 2.01(B) related to waiver of service.

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AMENDMENTS TO LOCAL RULE 2.07

PRETRIAL PROCEDURE IN CIVIL CASES

EFFECTIVE MARCH 1, 2021 (EMERGENCY BASIS)

Ohio Civ.R. 16 and Ohio Civ.R. 26 were each amended effective July 1, 2020.  As a result, Mont. Co. C.P.R. 2.07(B) was amended to reflect certain changes in those rules and to make other minor changes.

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AMENDMENTS TO LOCAL RULE 2.09

DISCOVERY

EFFECTIVE MARCH 1, 2021 (EMERGENCY BASIS)

Ohio Civ.R. 26 was amended effective July 1, 2020. As a result, Mont. Co. C.P.R. 2.09(B) was amended to reflect certain changes in that rule and to make other minor changes.

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NOTICE

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 commencing March 2, 2021 and ending Friday, April 30, 2021.

Comments regarding the adopted amendments Local Rules 1.15, 1.25, 2.01, 2.07, and 2.09 can be submitted via email to Candace.Anderson@montcourt.oh.gov  or in writing to:

Candace Anderson, Administrative Staff Attorney
Montgomery County Common Pleas Court
41 N. Perry Street
P.O. Box 972
Dayton, OH 45422

Comments must be received by 4:30 pm on Friday, April 30, 2021.