Purpose: The purpose of this rule is to establish, pursuant to M.C. Sup. R. 18, a system for civil case management which will achieve the prompt and fair disposal of civil cases.
(A) Clerical Steps:
(1) Complaint: The clerk shall process all complaints within seven (7) days for service of summons. All cases filed will be tracked by event in accordance with the Supreme Court reporting requirements, utilizing the worksheet provided by the Ohio Supreme Court.
(2) Summons: Summons shall be served in accordance with the Ohio Rules of Civil Procedure.
(3) Failure of Service: In the event there is a failure of service, the clerk shall notify counsel immediately in accordance width Rule 4.1 of the Ohio Rules of Civil Procedure. If no action is taken within sixty (60) days the case will be dismissed for want of prosecution pursuant to D.M.C. Rule 17.00.
(4) Responsive Pleading: After any responsive pleading is filed, the clerk shall immediately forward said pleading and file to the Assignment Commissioner for scheduling.
(5) Administrative Dismissal: When a file has been marked ‘”settled, hold for entry” and the entry has not been received within ten (10) days, then the clerk shall notify the party or counsel that the case will be dismissed unless the entry is received within fourteen (14) days. If no entry is received, the clerk shall forward the file to the assigned Judge for dismissal of the case without prejudice.
(6) Motions: Upon the filing of a motion, the clerk shall immediately forward the motion and case file to the assigned Judge’s office for review by the assigned Judge.
(B) Judicial Steps:
(1) Pretrial Hearing: In all cases where an answer has been filed, a pretrial hearing will be scheduled by the Clerk of Court.
(2) Motions: After review of motions filed, the Assignment Commissioner will assign for oral or non-oral hearing if appropriate or immediately forward said file to the assigned Judge for ruling.
(3) Court Trials/Jury Trials: At the completion of the pretrial hearing, the trial date shall be scheduled by the Judge to be held within ninety (90) days of the pretrial conference.
(C) Continuances: Every request for a continuance shall be by written motion and will only be granted upon showing of good cause. All requests shall be served on opposing counsel or party. The motion shall set forth the date from which a continuance is requested, reasons for the continuance and certificate of service on opposing counsel and/or client. If a prior trial conflict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion. Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel. No request for continuance will be considered if made less than seven (7) days before trial except for circumstances which by reasonable diligence could not be determined seven (7) or more days prior to trial.
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in the same or another trial court of this state, the case which was set first for trial shall have priority and shall be tried on the date assigned. Criminal cases assigned for trial have priority over civil cases. The granting of any other request for continuance of a scheduled trial is a matter within the discretion of the trial court.
If a designated trial attorney has such a number of cases assigned for trial in courts of this state so as to cause undue delay in the disposition of such cases, the administrative judge may require the trial attorney to provide a substitute trial attorney.
(1) Judgment Entries: Counsel for the party or parties in whose favor an order or judgment is rendered shall prepare a judgment entry, unless the court agrees to prepare the judgment entry. That entry shall be submitted to opposing counsel within five (5) days of the decision. Opposing counsel shall approve or reject the entry within five (5) days. Within fifteen (15) days of the decision, the judgment entry shall be submitted to the judge, or thereafter, the court will prepare the judgment entry.
(a) Entries of settlement may be filed at any time. The avoidance of trial by settlement shall be allowed without the filing of an entry, but such entry shall be filed within thirty (30) days or the case may be dismissed for want of prosecution.
(b) Upon notification from the clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fifteen (15) days or the case may be dismissed for want of prosecution.
(c) The judgment shall state which party will pay the court costs.