Every proposed rule, proposed modification of an existing rule (“proposed
modification”), or proposal to repeal an existing rule (“proposed repeal”) shall be presented
to the Court by:
1. any Judge of the Court or
2. any individual who sends a proposed rule, proposed modification, or proposed repeal to
any Judge of the Court.
Every proposed rule, proposed modification, or proposed repeal that has been presented to the Court pursuant to Subsection (A)(1) or (2) of this Rule shall be introduced to and considered by the Judges of the Court at their regular monthly meeting.
1. During such meeting, the Judges may:
a. reject the proposed rule, proposed modification, or proposed repeal; or
b. approve or amend the proposed rule, proposed modification, or proposed repeal, so
long as the resulting rule adoption, modification or repeal:
i. promotes the use of any device or procedure to facilitate the expeditious
disposition of cases and
ii. is consistent with the rules promulgated by the Supreme Court of Ohio.
2. Vote Formula:
a. A simple majority of the elected and appointed Judges of the Court shall be required
to adopt a proposed rule, proposed modification, or proposed repeal as provided
herein.
b. In case of an emergency, as determined by a three-fourths majority of the Judges of
the Court (“Emergency Status”), any rule:
i. may be adopted, modified, or repealed by a three-fourths majority of Judges of
the Court;
ii. shall take effect as directed by a three-fourths majority of Judges of the Court;
and
iii. shall be filed in accordance with Sup. R. 5.
All proposed rules, proposed modifications, or proposed repeals that have
been presented, introduced, considered and approved in accordance with this Rule shall be
published for 30 days. During the 30-day publication period, members of the local bar may
respond to the proposed rule, proposed modification, or proposed repeal by submitting
comments to the Court.
1. Adoption: If members of the local bar fail to comment on the proposed rule, proposed
modification, or proposed repeal, or if the comments submitted by members of the
local bar during the 30 day publication period were given reasonable consideration by
the Judges of the Court at their regular monthly meeting and such Judges decide, at the
end of the 30 day publication period, to leave the proposal unamended, then every
proposed rule, proposed modification, and proposed repeal that has been presented,
introduced, considered, approved, and published shall then take effect.
2. Re-publication:
a. Proposed Rule or Proposed Modification:
i. If the Judges of the Court, at their regular monthly meeting, in response to
comments submitted by members of the local bar, amend the proposed rule or
proposed modification, then the proposed rule or proposed modification, as
amended, shall be re-published for 20 days.
ii. If members of the local bar fail to comment on the proposed rule or proposed
modification, as amended, or if the comments submitted by members of the
local bar during the 20 day re-publication period were given reasonable
consideration by the Judges of the Court at their regular monthly meeting and
such Judges decide, at the end of the 20 day re-publication period, to leave the
proposal unamended, then every proposed rule and proposed modification that
has been presented, introduced, considered, approved, amended, and republished
shall then take effect.
b. Proposed Repeal:
i. If the Judges of the Court, at their regular monthly meeting, in response to
comments submitted by members of the local bar, reject the proposed repeal in
favor of retaining the existing rule or modifying the existing rule, then the
existing rule or proposed modification shall be re-published for 20 days.
ii. If a proposed repeal is rejected in favor of retaining the existing rule or modifying
the existing rule pursuant to this Rule, and, if members of the local bar fail to
comment on the proposed rule or proposed modification, or if the comments
submitted by members of the local bar during the 20 day re-publication period
were given reasonable consideration by the Judges of the Court at their regular
monthly meeting and such Judges decide, at the end of the 20 day re-publication
period, to adopt the existing rule or proposed modification, then the existing
rule or proposed modification that has been presented, introduced, considered,
approved, amended, and re-published shall then take effect.
1. New Rule or Modification of an Existing Rule: Every proposed rule that has been
adopted and every existing rule that has been modified or amended in accordance with
this Rule shall be filed with the Clerk of the Montgomery County Common Pleas Court
(“Clerk”) and the Clerk of the Supreme Court of Ohio.
2. Repeal of Existing Rule: Notice of every existing rule that is repealed in accordance with
this Rule shall be filed with the Clerk and the Clerk of the Supreme Court of Ohio.
Montgomery County Courts Building
41 N Perry St
Dayton, OH 45422
Reibold Building
14 W 4th St
Dayton, OH 45402
