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Rule 1.01- Rules of Construction

Rule 1.01 – Rules of Construction

Rule 1.03 – Procedure for Adopting, Modifying, and Repealing Local Rules

Rule 1.03 – Procedure for Adopting, Modifying, and Repealing Local Rules

Rule 1.05 – Terms of Court

Rule 1.05 – Terms of Court

The Court is in continuous session for the transaction of judicial business. The calendar year is
divided into three terms of court, commencing on the first day of January, May and September.
All causes and proceedings, civil and criminal, and other matters pending on the last day of a
term are continued to the next term without further order of the Court.

Rule 1.07 – Sessions of the Court

Rule 1.07 – Sessions of the Court

Rule 1.09 – Divisions of the Court

Rule 1.09 – Divisions of the Court

The Court of Common Pleas of Montgomery County, Ohio, consists of four divisions: the
General Division (“Court” as defined by Mont. Co. C.P.R. 1.01 (A)(1)), the Domestic Relations
Division, the Probate Division, and the Juvenile Division. The Judges elected and appointed to
each division shall be responsible for the business and administration of their respective
division and may adopt rules for their respective division.

Rule 1.11 – Facilities

Rule 1.11 – Facilities

Passageways behind the courtrooms, related facilities and the service elevator will be used by
jurors, grand jurors, and employees of the Court. Attorneys and others may use such facilities
only upon obtaining permission from a Judge or a member of the Judge’s staff.

Rule 1.12 – Court Security

Rule 1.12 – Court Security

Rule 1.13 – Court Administrator

Rule 1.13 – Court Administrator

The Court may appoint an administrator who will function as the chief non-judicial officer of the
Court and will provide general supervision of Criminal Justice Services (Probation Services),
Court Services (Jury, Caseflow and Pretrial Services), and Court Administrative Services to
include, but not limited to, computer, budgetary, and human resource services.
In addition, the Court Administrator will implement the administrative policy decisions of the
Court and perform such other duties that may be assigned by the Court.

Rule 1.15 – Filing of Court Documents and Removal of Papers from Custody of the Clerk

Rule 1.15 – Filing of Court Documents and Removal of Papers from Custody of the Clerk

Rule 1.17 – The Appearance Docket

Rule 1.17 – The Appearance Docket

The Clerk shall indicate on the appearance docket the name of the Judge to whom the case is
assigned and the nature or purpose of all filings as indicated in the caption.

Rule 1.19 – The Assignment System

Rule 1.19 – The Assignment System

Rule 1.21 – Bail or Surety

Rule 1.21 – Bail or Surety

No attorney, officer or employee of the Court, the Clerk, or the Sheriff’s Office shall be
accepted as principal or as agent for bail or surety. This Rule applies to any immediate
family member of such attorney, officer or employee.

Rule 1.23 – Jury Management Plan

Rule 1.23 – Jury Management Plan

Rule 1.25 – Recording of Court Proceedings

Rule 1.25 – Recording of Court Proceedings

Amended 10/10/97; Effective 11/17/97
Amended 11/14/02; Effective 11/15/02
Amended 3/4/14; Effective 3/21/14
Amended 2/17/21; Effective 3/1/21
Amended 10/20/21; Effective 10/27/21


Rule 1.27 – Deposition Testimony

Rule 1.27 – Deposition Testimony

Rule 1.29 – Requests for Preparation of Transcripts or Videos of Proceedings

Rule 1.29 – Requests for Preparation of Transcripts or Videos of Proceedings

Rule 1.30 – Appeal Transcripts and Recordings

Rule 1.30 – Appeal Transcripts and Recordings

Rule 1.31 – Attorneys

Rule 1.31 – Attorneys

Rule 1.33 – Examination, Certification, Renewal and Removal of Notaries Public

Rule 1.33 – Examination, Certification, Renewal and Removal of Notaries Public

               REPEALED

Rule 1.35 – Facsimile Filing

Rule 1.35 – Facsimile Filing

Adopted 4/2/05; Effective 5/1/05

Amended 5/3/11; Effective 8/8/11

Revised and Incorporated into Mont. Co. C.P.R. 1.15 3/4/14; Effective 3/21/14

Rule 1.37 – Electronic Filing of Court Documents

Rule 1.37 – Electronic Filing of Court Documents

Revised and Incorporated into Mont Co. C.P.R. 1.15 3/4/14; Effective 3/21/14

Rule 1.41 – Filing Sealed and In Camera Documents

Rule 1.41 – Filing Sealed and In Camera Documents

Rule 2.01 – Civil Case Management Plan

Rule 2.01 – Civil Case Management Plan

Rule 2.03 – Court Costs and Special Fees

Rule 2.03 – Court Costs and Special Fees

Rule 2.05 – Pleadings and Motions

Rule 2.05 – Pleadings and Motions

Rule 2.07 – Pretrial Procedures in Civil Cases

Rule 2.07 – Pretrial Procedures in Civil Cases

Rule 2.09 – Discovery

Rule 2.09 – Discovery

Rule 2.11 – Limitations on Initial Interrogatories

Rule 2.11 – Limitations on Initial InterrogatoriesHello

Revised and Incorporated into Mont Co. C.P.R. 2.09 8/12/14; Effective 8/29/14

Rule 2.13 – Payment of Witness Fees

Rule 2.13 – Payment of Witness Fees

Rule 2.15 – Dismissal of Actions

Rule 2.15 – Dismissal of Actions

Rule 2.17 – Judgment

Rule 2.17 – Judgment

Rule 2.18 – Procedure after Remand

Rule 2.18 – Procedure after Remand

Rule 2.19 – Ex Parte Orders

Rule 2.19 – Ex Parte Orders

No ex parte applications, orders or entries shall be submitted unless expressly authorized by
law. All motions for temporary restraining orders shall be made and proceed in compliance
with Civ. R. 65(A).

Rule 2.21 – Cancellations and Releases

Rule 2.21 – Cancellations and Releases

Releases and assignments of judgments or certificates of judgment shall be in writing and
signed by a person authorized to execute the instrument. No release, assignment or similar
matter shall be written directly upon the appearance or execution dockets.

Rule 2.23 – Judicial Sale of Real Estate

Rule 2.23 – Judicial Sale of Real Estate

Rule 2.23.1 – Sheriff’s Sale of Real Estate

Rule 2.23.1 – Sheriff’s Sale of Real Estate

Rule 2.23.2 – Private Selling Officer’s (PSO) Sale of Real Estate

Rule 2.23.2 – Private Selling Officer’s (PSO) Sale of Real Estate

Rule 2.23.3 – Motion for Sale of Residential Property by Prosecuting Attorney

Rule 2.23.3 – Motion for Sale of Residential Property by Prosecuting Attorney

Rule 2.23.4 – Expedited Foreclosure Actions – Vacant and Abandoned Residential Property

Rule 2.23.4 – Expedited Foreclosure Actions – Vacant and Abandoned Residential Property

Rule 2.25 – Confirmation of Public Sales

Rule 2.25 – Confirmation of Public Sales

Rule 2.27 – Attorney’s Fees in Mechanic’s Lien Cases

Rule 2.27 – Attorney’s Fees in Mechanic’s Lien Cases

Rule 2.29 – Receiverships

Rule 2.29 – Receiverships

Rule 2.31 – Magistrate

Rule 2.31 – Magistrate

Rule 2.33 – Aid of Execution

Rule 2.33 – Aid of Execution

Repealed 6/2/09; Effective 6/8/09

Rule 2.35 – Arbitration

Rule 2.35 – Arbitration

Amended 11/2/94; Effective 11/15/94
Amended 1/26/96; Effective 3/1/96
Amended 1/20/98; Effective 3/1/98
Amended 4/9/99; Effective 4/15/99
Amended 9/7/99; Effective 9/8/99
Amended 5/9/00; Effective 5/15/00
Amended 7/1/03; Effective 7/1/03
Amended 11/6/03; Effective 1/1/04
Amended 6/2/04; Effective 7/1/04
Repealed 5/5/09; Effective 5/11/09

Rule 2.37 – Appeal from Administrative Agencies

Rule 2.37 – Appeal from Administrative Agencies

Rule 2.38 – Service of Motion to Revive Dormant Judgment

Rule 2.38 – Service of Motion to Revive Dormant Judgment

  1. Motion to Revive. A party seeking to revive a judgment that has become dormant shall file a motion to revive the dormant judgment on the case number under which the Court’s original judgment was rendered.
  2. Instructions for Service. A motion to revive a dormant judgment shall be accompanied by Instructions for Service to the Clerk by the party seeking to revive the dormant  Failure to file Instructions for Service with a motion to revive a dormant judgment shall result in the motion being rejected for filing by the Clerk.
  3. Service. Summons of a motion to revive a dormant judgment shall be served in accordance with Civ.R. 4(F).

Rule 2.39 – Civil Mediation

Rule 2.39 – Civil Mediation

Rule 2.40 – Certificate of Qualification for Employment (CQE)

Rule 2.40 – Certificate of Qualification for Employment (CQE)

Rule 3.01 – Criminal Practice

Rule 3.01 – Criminal Practice

Rule 3.03 – Arraignment, Pretrial and Scheduling Conference

Rule 3.03 – Arraignment, Pretrial and Scheduling Conference

Rule 3.05 – Continuance of a Criminal Case

Rule 3.05 – Continuance of a Criminal Case

Rule 3.07 – Grand Jury

Rule 3.07 – Grand Jury

Rule 3.09 – Court Appointment of Counsel

Rule 3.09 – Court Appointment of Counsel

Rule 3.11 – Appointed Counsel Fees

Rule 3.11 – Appointed Counsel Fees

Rule 3.12 – Drug Court

Rule 3.12 – Drug Court

Rule 3.13 – Veterans’ Court

Rule 3.13 – Veterans’ Court

Rule 3.14 – Felony Non-Support Court

Rule 3.14 – Felony Non-Support Court

Rule 3.15 – Women’s Therapeutic Court

Rule 3.15 – Women’s Therapeutic Court

Rule 3.16 – Mental Health Court

Rule 3.16 – Mental Health Court