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. 1.15, Filing and Removal of Papers from Custody of Clerk, 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.

WordPerfect Document Compare Summary

Original document: H:\Me\Local Rule Information\Local Rule 1.15 Filing & Removal of Papers from Custody of Clerk.wpd

Revised document: H:\Me\Local Rule Information\Local Rule 1.15 Filing and Removal of Papers from Custody of Clerk - Updated.wpd

Deletions are shown with the following attributes and color:

Strikeout, Blue RGB(0,0,255).

Deleted text is shown as full text.

Insertions are shown with the following attributes and color:

Double Underline, Redline, Red RGB(255,0,0).

RULE 1.15

FILING AND REMOVAL OF PAPERS FROM CUSTODY OF CLERK

I. FILING

A. Duties of Clerk

1. The Clerk of Courts shall file and maintain all documents delivered to the Clerk’s Office. No entry shall be accepted or docketed by the Clerk until it is approved by the appropriate Judge.

B. Size of Documents, Pagination and Heading Requirement

1. All pleadings, motions, briefs, and other similar documents that are filed with the Clerk shall be typewritten or printed, double spaced, on 8 ½” x 11" paper, in at least a 12-point regular type font, and paginated sequentially. Filings prepared in a pleading format shall reserve a blank space of at least two and one-half inches at the top of the first page for endorsements and shall have appropriate side and bottom margins of not less than one inch. Forms prescribed and approved by the General Division in a form format shall reserve an adequate space in the top right-hand corner for endorsements or file stamps and shall have appropriate side and bottom margins proportional with the format of the form or document. Each consecutive page shall have appropriate top, bottom, and side margins of not less than one inch.

C. Documents Requiring Service or Notice

1. All documents requiring service or notice upon filing shall:

a. Include the address of the plaintiffs and defendants in the caption of the document; or

b. Indicate that the addresses of the plaintiffs and defendants are unknown if such addresses are in fact unknown.

2. The Clerk shall not accept for filing any document that must be served upon counsel or parties which do not designate their names and addresses. In addition, the Clerk shall not accept a civil filing without instructions for service unless an attorney has obtained permission signed by the assigned Judge to defer service of summons for a specific period of time.

D. Attorney Registration Number

1. All attorneys shall include their attorney registration number issued by the Supreme Court of Ohio on all documents filed with the Court.

E. Personal and Private Information in Documents Filed with the Clerk of Courts

1. Personal and private information includes, but is not limited to:

a. Social Security numbers;

b. Financial account numbers;

c. Names of minor children;

d. Information protected by law from public disclosure;

e. Other personal identification numbers such as driver’s license numbers.

2. 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. This requirement extends to and includes exhibits or addenda attached to filings, such as preliminary and financial reports which itemize state liens that use Social Security numbers as case numbers, or medical records.

3. If personal and private information is necessary and must be included in a document, the filing party shall partially redact the following personal data and identifiers from the pleading:

a. Social Security Numbers. If an individual’s Social Security number must be included in a document, only the last four digits of that number should be used.

b. Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used.

c. Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of the child should be used.

4. Entries and orders that necessarily include personal and private information shall partially redact the personal data and identifiers as outlined in I.E.3.b. of this rule unless it is absolutely necessary to include all digits in a personal data and/or identifier. In the event it is absolutely necessary to include all digits in a personal identifier, the entries and orders must be submitted to the Clerk of Court’s Office as follows:

a. The original document that includes the personal and private information; and

b. A redacted copy in the following format:

(1) The redacted copy will indicate in the caption, above the title of the action, “Redacted Copy, Personal and Private Information Redacted.”

(2) The redacted copy of the document will have the notation “redacted” at all places in the document where such information was removed.

c. The Court will sign both journal entries.

5. The Clerk of Courts may refuse to accept for filing any document that contains personal and private information that has not been redacted or submitted in accordance with this rule.

II. REMOVAL

A. Original Documents

1. Removal

a. No person, except a Judge of the Court, Magistrate, or General Division employee shall remove any documents or case files from the custody of the Clerk.

2. Examination

a. Upon request, the Clerk of Courts shall allow any person to examine, but not remove, any original document or case file that is maintained by its office. Examination shall be allowed during regular business hours.

3. Transcripts of Testimony

a. The inspection, examination, and duplication of transcripts of testimony shall be governed by Rule 1.29 of these rules.