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PROPOSED AMENDMENTS TO LOCAL RULES

COMMENTS REQUESTED BY MAY 11, 2004

Posted: 2004-03-11

PROPOSED AMENDMENTS TO LOCAL RULES OF PRACTICE AND

PROCEDURE FOR THE GENERAL DIVISION OF THE

MONTGOMERY COUNTY COURT OF COMMON PLEAS

COMMENTS BY MAY 11, 2004

COMMENTS REQUESTED: Pursuant to Loc. R. 1.03, Local Rules of Practice and Procedure for the General Division of the Montgomery County Court of Common Pleas, proposed amendments to Loc. R. 2.35, Arbitration are being published for a sixty-day public comment period beginning Friday, March 12, 2004 through Tuesday May 11, 2004.

Comments on the proposed amendments should be in writing to Connie Villelli, Court Management Assistant, Montgomery County Common Pleas Court, 41 N. Perry Street, P.O. Box 972, Dayton, OH, 45422 no later than 4:30 p.m. on Tuesday, May 11, 2004

EFFECTIVE JULY 1, 2004

The proposed amendments will take effect on July 1, 2004, unless prior to such date the Court in its discretion amends, modifies, or withdraws the proposed amendments to the local rules. In the event, the Court amends, modifies, or withdraws the proposed amendments to the local rules, the revision will be published for a thirty-day notice period.

The following are proposed amendments to the Local Rules of Practice and Procedure for the General Division of the Montgomery County Court of Common Pleas.

The language added to the rules is CAPITALIZED AND IN BOLD TYPE. The language deleted to the rules is lined through. 

PROPOSED AMENDMENTS TO LOC. RULE 2.35ARBITRATION

SECTION I:

I.         CASES FOR ARBITRATION

            Arbitration shall not be permitted in the following cases:

            A.        Actions involving title to real estate, equitable relief and appeals; and

            B.        Actions where the amount in controversy (exclusive of interest and costs) as determined by the assigned judge exceeds $50,000 for each ANY party. Where all parties to the action agree, the $50,000 limit is waived. ARBITRATION MAY BE ORDERED IN CASES WHERE THE MONETARY AMOUNT IN CONTROVERSY EXCEEDS $50,000 FOR ANY PARTY WHERE ALL PARTIES TO THE ACTION AGREE TO ARBITRATION. ONCE A CASE HAS BEEN REFERRED TO ARBITRATION, THE ARBITRATOR OR ARBITRATION PANEL, AFTER HEARING THE EVIDENCE, MAY AWARD AN AMOUNT GREATER THAN $50,000 FOR ANY PARTY, IF APPROPRIATE.

            C.        IN THE EVENT THAT ANY PARTY BELIEVES THAT ARBITRATION SHOULD BE VACATED BECAUSE THE MONETARY AMOUNT IN CONTROVERSY EXCEEDS $50,000 FOR ANY PARTY, THE PARTY SHALL FILE A MOTION TO VACATE ARBITRATION AT THE TIME OF THE FILING OF THE ARBITRATION JOINT PRETRIAL STATEMENT OR FOURTEEN (14) DAYS PRIOR TO THE ARBITRATION HEARING WHICH EVER IS SOONER. PARTIES FILING A MOTION TO VACATE ARBITRATION SHALL PROMPTLY SERVE THE ARBITRATION CLERK WITH A COPY OF THE MOTION.

SECTION III:

III        ASSIGNMENT OF CASES

            C.        Once a time and place is set for a hearing, the hearing shall proceed forthwith at the scheduled time. There shall be no communications concerning the merits of the controversy by counsel or parties with the arbitrator (s) prior to the commencement of the hearing.

                        1.         IN THE ABSENCE OF AGREEMENT OF COUNSEL, PERSONS WHO HAVE THE BURDEN OF PROOF ARE REQUIRED TO ATTEND THE ARBITRATION HEARING. FAILURE TO APPEAR OR BE ABLE TO GO FORWARD AT AN ARBITRATION HEARING SHALL SUBJECT PARTIES TO A SANCTION IN THE AMOUNT OF THE CANCELLATION FEE PAID TO THE ARBITRATOR(S) UNDER II. G. 5. OF THIS RULE.

SECTION IX:

IX       TRANSCRIPTION OF ARBITRATION PROCEEDINGS

            A.        There shall be no recording or transcription of arbitration proceedings by stenography or other methods except upon a motion to the court for good cause shown or upon agreement of all parties. A COPY OF THE MOTION SHALL BE DELIVERED TO THE ARBITRATION OFFICE IMMEDIATELY AFTER THE ORIGINAL MOTION HAS BEEN FILED WITH THE CLERK OF COURTS.