PROPOSED AMENDMENTS TO LOCAL RULES OF PRACTICE AND PROCEDURE

FOR THE GENERAL DIVISION OF THE MONTGOMERY COUNTY

COURT OF COMMON PLEAS

COMMENTS DUE BY JULY 9, 2007

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. 2.05, Pleadings and Motions, are being published for a sixty-day public comment period beginning Thursday, May 10, 2007, through Monday, July 9, 2007.

Comments on the proposed amendments to the local rule can be submitted via email to rulecom@montcourt.org or in writing to:

James W. Drubert, Court Administrator

Montgomery County Common Pleas Court

41 N. Perry Street

P.O. Box 972

Dayton, OH 45422

Comments must be received by 4:30 p.m. on Monday, July 9, 2007.

EFFECTIVE AUGUST 13, 2007

The proposed amendments to the local rule will take effect on August 13, 2007, unless prior to such date the Court in its discretion amends, modifies, or withdraws the local rule. In the event the Court amends, modified, or withdraws the local rule, the revision will be published for a thirty-day notice period.

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RULE 2.05

PLEADINGS AND MOTIONS

I. PLEADINGS

A. Initial Pleadings

1. The caption of all initial pleadings shall contain the information required by Rule 10(A) of the Ohio Rules of Civil Procedure.

2. A completed Civil Case Information Form shall be filed with all initial pleadings. The form includes a statement of the nature of the case. (See Appendix H Civil Case Information Form.) Copies of the form can be obtained from the Civil Division of the Clerk of Courts.

3. A designation of primary counsel shall be filed in the following types of actions:

a. A class of litigants represented by more than one attorney of record, or

b. Parties who are joined in an action and represented by more than one attorney of record, or

c. A party which is represented by more than one attorney of record.

4. The designation shall be signed by the designated primary attorney and all other attorneys representing any class member or party having interests in the same action as those of the class or party represented by the designated counsel. All court orders, decisions, opinions, or papers served by the Court or the Clerk of Courts shall be served only upon the designated primary counsel for the class, party, or parties.

5. Primary counsel is responsible for notifying and serving all parties or attorneys of record having similar interests in the action with copies of the Court’s orders, decisions, opinions, or other papers in a timely manner.

B. Pleadings Filed Subsequent to the Initial Pleading

1. All pleadings filed subsequent to the initial pleading shall specify:

a. The case number.

b. The name of the Judge who was assigned to the case or the name of the Judge who heard the case and the Magistrate if applicable.

c. The name, address and telephone number of the attorney who is making the filing and the attorney registration number.

d. The name, address and telephone number of each pro se litigant.

C. Personal and Private Information in Pleadings and Exhibits

1. Filing parties and/or legal counsel shall not include personal and private information in any document filed with the Court unless such inclusion is necessary and relevant to the case.

2. If personal and private information is necessary and must be included in a document, the filing party must file the document in accordance with Loc. R. 1.15 (E), Filing and Removal of Papers from Custody of Clerk.

II. MOTIONS

A. Moving Parties

1. All moving parties shall file and serve their motions with the following:

a. One additional signed copy of the motion;

b. A brief written memorandum which shall:

(1) State with particularity the grounds in support of the motion;

(2) Set forth the relief or order sought; and

(3) Specify the citations of the authorities upon which the motion is based; and

c. Copies of all photographs or documentary evidence that will be used in support of the motion if the motion requires the consideration of facts that do not appear in the record.

d. A moving party may file an original and one additional signed copy of a reply memorandum within seven days from the date on which a memorandum in opposition is served.

B. Opposing Parties

1. All parties opposing motions shall file and serve a memorandum in opposition to the motion that has been filed and served against them. All memorandums shall:

a. Be accompanied by copies of all photographs or documentary evidence that will be used in opposition to the motion if the motion requires the consideration of facts that do not appear in the record; and

b. Be filed and served within (14) days from the date on which the motion was served. One additional signed copy of the memorandum in opposition to the motion shall be filed with the original memorandum. If no memorandum is filed within this time limit, the motion may be decided forthwith.

C. Clerk of Courts

1. Motions

a. The Clerk shall deliver all motions that require the attention of the Court to the Judges to whom they have been assigned. All the motions shall be delivered to the assigned Judge within three days after they have been filed.

2. Memorandums in Opposition

(1) The Clerk shall deliver all memorandums in opposition to motions to the assigned Judge within three days after they have been filed.

3. Reply Memoranda

a. The Clerk shall deliver all reply memoranda to the assigned Judge within three days after they have been filed.

D. Order Memoranda

1. No other memoranda shall be filed without leave of Court.

E. Limitation Upon Length of Memoranda

1. Memoranda in support or in opposition to any motion or application to the Court shall not exceed twenty (20) pages and otherwise shall comply with Mont. Co. C.P.R. 1.15(I)(B). The page limitation may be modified by the Court for good cause shown and upon such conditions as set by the Court.

III. PROCESS SERVERS

A. One-time Appointment

1. If a party desires personal service to be made by a special process server.

2. Pursuant to Civil Rule 4.1, that party or counsel must file with the Clerk of Courts an entry appointing a special process server. The following must be stated in the entry of appointment:

a. The name of the person to be appointed as process server;

b. That the person to be appointed as process server is 18 years of age or older;

c. That the person to be appointed as process server is not a party in the action or counsel for a party in the action.

B. Standing Appointment

1. A person may be designated as a “Standing Special Process Server” for cases filed in this Court by filing a combined affidavit and order [Appendix I]. The affidavit shall set forth the following information:

a. The name, address, and telephone number of the person to be appointed as a standard process server;

b. That the person is 18 years of age or older;

c. That the person agrees not to attempt service of process in any case the server is a party or counsel for a party;

d. That the person agrees to follow the requirements of Ohio Rules of Civil Procedure 4 through 4.6, and any applicable local rule, and specific instructions for service of process as ordered by the Court in individual cases.

2. A standing appointment shall be for no more than a two-year period ending on December 31. Upon expiration of an appointment, a person must reapply. The Administrative Judge authorizes the appointment order for a standing process server.

3. The order shall be captioned, “In Re the Appointment of (Name of Person Requesting Appointment) As standing Special Process Server”, and state the following:

a. “It appearing to the Court that the following person has complied with the provisions of Local Rule 2.05 (Name of Person Requesting Appointment) is hereby designated as a Standing Special Process Server authorized to make service of process in all cases filed in this Court and to serve until December 31,____, or further order of the Court, whichever comes first.”

4. The Clerk shall record such appointment on the Court’s general docket, and shall retain the original Affidavit and Order. In any case thereafter, the Clerk of Courts shall accept a time-stamped copy of such and Affidavit and Order as satisfying the requirements of Civil Rule 4.1(2) for designation by the Court of a person to make service of process.