The assignment system is the procedure adopted by the Court for the assignment of cases.
Pursuant to this system, each civil and criminal case shall be randomly assigned to a Judge
(“assigned Judge”) who will be responsible for determining all matters in the case. Random
assignment is assignment of cases by chance.
1. All civil cases shall be randomly assigned to the Judges of the Court. Subject to Sup. R.
4(C), the Administrative Judge may be relieved from part of the Administrative Judge’s
trial duties and utilize the time to manage the calendar and docket of the Court.
2. Case assignments shall be made through the use of computer software and hardware
systems that have been tested to ensure that case assignments are made in a random
manner.
3. Companion cases shall be assigned to the Judge whose name was drawn for the case
filed first, if that Judge so approves.
4. Withdrawal: A Judge who withdraws from a case shall report this to the Court Services
Division, Caseflow Services, via a request for disqualification. The Administrative Judge
shall reassign the case to another Judge pursuant to the Ohio Rules of Superintendence.
5. Re-filed Cases: In instances where a previously filed and dismissed case is re-filed, the
case shall be reassigned to the originally assigned Judge unless it is a Mortgage
Foreclosure or, for good cause shown, the Judge is precluded from hearing the case.
6. Consolidated Cases: Pursuant to Civ. R. 42, parties to civil cases may move the Court to
consolidate cases. The motion shall be filed in each case for which consolidation is
sought. The decision of whether to consolidate cases into a single trial shall initially be
decided by the assigned Judge with the lowest case number.
a. If an entry is signed granting consolidation in the lowest case number, the party
seeking consolidation shall then file a proposed entry in each additional case sought
to be consolidated.
b. If consolidation is ordered by the assigned Judge in each case, the consolidated
cases will be placed on the docket of the assigned Judge with the lowest case
number, unless otherwise ordered by the Administrative Judge.
c. If cases are consolidated pursuant to this Rule, all subsequent filings shall identify all
the case numbers in the caption and shall be entered on the docket for each case.
7. When an assigned Judge is not available, arrangement may be made by that Judge or by
the Administrative Judge for another member of the Court to handle urgent matters and
sign entries.
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8. All changes in assignments shall be noted in the records of the Clerk and Court Services
division, Caseflow Services, pursuant to Subsection (C) and (D) of this rule.
1. Grand Jury Judge: Each term, one Judge will be assigned to supervise the Grand Jury
(“Grand Jury Judge”). The Grand Jury Judge shall preside over central arraignments.
The Grand Jury Judge shall handle criminal matters that may arise in individual cases
prior to indictment and arraignment, including the setting of bonds. The Grand Jury
Judge shall handle extraditions and habeas corpus actions pertaining to extraditions.
The Grand Jury Judge and the assigned Judge may handle arraignments. Pleas of guilty
and no contest shall be handled by the assigned Judge. The Judge assigned to the next
Grand Jury term shall assist the Grand Jury Judge upon request.
2. Assignment of Cases:
a. Except as provided in Subsection (B)(2)(b) of this Rule, all criminal cases shall be
randomly assigned to the Judges of the Court upon the approval of felony charges by
the prosecuting attorney. Each day, the Court Services Division, Caseflow Services,
shall randomly assign pre-indictment cases.
b. Exceptions:
i. If the case does not involve multiple defendants and the defendant (1) is not
assigned to a specialized docket,(2) is otherwise on community
control that has not been terminated by entry or (3) has a prior
indictment pending on active or inactive status in this county, the case shall be
assigned to the Judge who placed the defendant on community control or on
whose docket the prior indictment is pending.
ii. If the case does not involve multiple defendants and the defendant is on
community control and assigned to a specialized docket of this court, the case shall
be assigned to the specialized docket judge then supervising the defendant. If the
specialized docket judge determines that the case should be assigned to the Judge
who referred the defendant to the specialized docket, the case shall be transferred
to the originally assigned Judge upon the order of the Administrative Judge.
iii. If a case involves multiple defendants and any defendant (1) is on community
control that has not been terminated by entry or (2) has a prior indictment
pending on active or inactive status in this county, the lowest case number shall
control the assignment.
iv. If an adjustment in the method of assignment is made as a result of this
Subsection, then the assigned Judge shall receive credit(s) for the additional
assignment(s).
1. Record the name of the Judge to whom each civil or criminal case is assigned on the
appearance docket;
2. Record any subsequent change in assignment on the appearance docket and any other
records; and
3. Provide all assignments and adjustments in assignments to the entity designated by
statute for publication.
1. Maintain a case record of each pending case that includes:
a. A consecutive number;
b. The name of the Judge to whom the case is assigned; and
c. One of the following case types: Administrative Appeal; Appropriation; Civil Action –
Other; Civil Stalking Protection Order; Cognovit Note; Complex Litigation; Criminal;
Declaratory Judgment; Disposal of Property; Forcible Entry; Foreclosure; Forfeiture
of Property; Habeas Corpus; Injunction; Medical Malpractice; Other Tort (specify
type); Personal Injury; Product Liability; Professional Tort; Replevin; Transfer from
Other Court; Workers’ Compensation; or Writ of Mandamus.
2. Record the date:
a. The case was assigned;
b. Of any pretrial conference;
c. Notices were transmitted;
d. Of trial;
e. Of any continuance;
f. Of the verdict or decision; and
g. Of the final entry.
3. Prepare reports required by Sup. R. 37;
4. Prepare and approve separate reports for each Judge of the Court;
5. Provide a monthly report on the status of each Judge’s docket to each Judge; and
6. Identify cases that should be terminated and notify the appropriate Judges of the status
of those cases. After the Judges have been notified, the Court Services Division,
Caseflow Services, shall submit final termination entries for approval to each assigned
Judge for cases that are eligible for dismissal.
If a case is transferred from the assigned Judge to an alternate Judge, the alternate Judge
shall hear all motions and proceedings pertaining to the case.
1. A new member of the Court shall be assigned the cases previously assigned to the Judge
whom the newly appointed or elected Judge succeeds.
2. In the event an additional Judge is added to the Court, the additional Judge shall be
assigned a proportionate share of the pending cases form the individual docket of the
other members of the Court.
When necessary to resolve any question arising on a foreign execution, certificate of
judgment from another court or similar ancillary matter not otherwise assigned to a Judge
under these Rules, counsel shall call the matter to the attention of the Administrative
Judge.
Montgomery County Courts Building
41 N Perry St
Dayton, OH 45422
Reibold Building
14 W 4th St
Dayton, OH 45402
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