RULES ADVISORY COMMITTEE:

EFFECTIVE DATE: This section applies to all civil and criminal cases filed in or transferred to Ottawa County Common Pleas Court after August 10, 2000. All local rules filed before August 10, 2000 are hereby revoked.

POLICY: It is the policy of the Ottawa County Common Pleas Court to adopt and follow the American Bar Standards relating to court delay reduction as follows:

From the commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery and court events is unacceptable and should be eliminated. To enable just and efficient resolution of cases, the court, not the lawyers or litigants, should control the pace of litigation. A strong judicial commitment is essential to reducing delay and, once achieved, maintaining a current docket.

Essential elements which the trial court should use to manage its cases are:

(A) Court supervision and control of the movement of all cases from the time of filing of the first document invoking court jurisdiction through final disposition.

(B) Promulgation and monitoring of time standards for the overall disposition of cases.

(C) By rules, conferences or other techniques, establishment of times for conclusion of the critical steps in the litigation process, including the discovery phase.

(D) Procedures for early identification of cases that may be protracted and for giving them special administrative attention where appropriate.

(E) Adoption of trial-setting policy which schedules a sufficient number of cases to ensure efficient use of judge's time while minimizing resetting caused by overscheduling.

(F) Commencement of trials on the original date and time scheduled with adequate advance notice.

                           (G) A firm, consistent policy for minimizing continuances.

The following time standards should be adopted and compliance monitored:

(A) General Civil - 90% of all civil cases should be settled, tried or otherwise concluded within 12 months of the date of case filing; 98% within 18 months of such filing; and the remainder within 24 months of such filing except for individual cases in which the Court determines exceptional circumstances exist and for which a continuing review should occur. These should be certified by the Court as "complex litigation".

(B) Summary Civil - Proceedings using summary hearing procedures, as in small claims, landlord-tenant and replevin actions, should be concluded within 30 days from filing.

(C) Domestic Relations - 90% of all domestic relations matters should be settled, tried or otherwise concluded within three (3) months of the date of cases filing.

(D) Criminal:

FELONY - 90% of all felony cases should be adjudicated or otherwise concluded within 120 days from the date of arrest; 98% within 180 days and 100% within one (1) year.

MISDEMEANOR - 90% of all misdemeanors, infractions and other non-felony cases should be adjudicated or otherwise concluded within thirty (30) days from the date of arrest or citation and 100% within ninety (90) days.

PERSONS IN PRE-TRIAL CUSTODY - Persons detained should be given a determination of custodial status or bail set within 24 hours of arrest. Persons incarcerated before trial should be afforded priority for trial.

Matters under submission to a judge or judicial officer should be promptly determined. Short deadlines should be set for party presentation of briefs and affidavits and for production of transcripts. Decisions where possible should be made from the bench or within a few days of submission. Except in extraordinarily complicated cases, a decision should be rendered not later than 30 days after submission.

Each court should have a program to reduce and prevent delay.

(A) Essential ingredients of the program are:

1. A strong continuing judicial commitment to delay reduction, expressed in written goals and objectives to guide court operations.

2. A published case management plan detailing the delay reduction techniques, ultimate time standards and a transition program for reaching those standards where there is a backlog problem.

3. A system to furnish prompt and reliable information concerning the status of cases and case processing.

(B) The program would be enhanced by:

1. Bar support and lawyer cooperation.

2. Adequate resources.

3. Utilization of special expertise.

4. Consideration of alternative methods of dispute resolution which should facilitate an earlier termination of actions.

(C) Where unacceptable delay exists, there should be a published transition program designed to achieve time standards. The transition program should include:

1. Assessment of the current caseload, including backlog identification.

2. Analysis of productivity.

3. A conscious effort to use internal resources.

4. Utilization of special expertise.

5. Revision of rules and practices to implement the transition program.

6. A scheduled termination of the transition program with interim goals ultimately resulting in full implementation of 1.03 time standards.

The Court should firmly and uniformly enforce its caseflow management and delay reduction procedures.

All civil cases, except Administrative Appeals (F), Mandamus, Habeas Corpus, equity matters or any other case which by its nature requires a more rapid adjudication as determined by the Trial Judge, shall be placed on the 12-month primary time track or the 24-month time track. Each time track consists of a planned sequence of events leading from filing to trial, assuming the case is not terminated earlier.

The 12-month track is the primary standard track for the resolution of the bulk of the cases in the General Division of the Court of Common Pleas, Ottawa County, Ohio. It shall be presumed that the typical Personal Injury (C), Workers' Compensation Appeal (D), and Foreclosure (E) cases will be suitable for pleading, discovery, motions practice, and disposition within this time frame. The longer time track will be the exception to this standard operating procedure and used only for out of the ordinary cases.

The 24-month time track is for the Professional Tort (A), Products Liability (B) and Other Civil (H) cases. The Complex Litigation (G) cases will be assigned by the Trial Judge.

In civil cases not covered by the Clerk's Case Schedule and not assigned a time track, the Assignment Clerk shall assign the case for trial with the concurrence of the Trial Judge. All cases shall be assigned a trial date consistent with the standards set forth in the Rules of Superintendence of the Common Pleas Court.

When an initial pleading is filed and a new case file is opened, the Clerk of Courts shall prepare and file a paper entitled "Clerk's Original Case Schedule" and shall provide one copy to the plaintiff or the plaintiff's agent. The Clerk shall serve a copy of the Clerk's Original Case Schedule on the defendant(s) along with copies of the pleadings and summons.

A party who joins an additional party or parties shall be responsible for serving the additional party or parties with the current Clerk's Case Schedule.

(A) The Clerk's Original Case Schedule will be in the following form:

Case Filed                                                                                                                                                                                               

Issue Pretrial Orders                                                                                                                                                                     

Initial Joint Disclosure of All Witnesses                                                                                                                                   

Supplemental Joint Disclosure of All Witnesses                                                                                                                     

Trial Confirmation Date                                                                                                                                                                

Dispositive Motions                                                                                                                                                                                                           

Discovery Cut-Off                                                                                                                                                                        

Decisions on Motions                                                                                                                                                                 

Final Pretrial Conference (target date only)                                                                                                                              

Trial Assignment (target date only)                                                                                                                                           

All attorneys and parties should make themselves familiar with the Court's Local Rules, including those referred to in this Case Schedule. In order to comply with the Clerk's Case Schedule, it will be necessary for attorneys and parties to pursue their cases vigorously from the day the cases are filed. Discovery must be undertaken promptly in order to comply with the dates listed in the right-hand column.

(B) Amended Case Schedule

The Trial Judge, either on motion of a party or sua sponte, may modify any date in the Clerk's Case Schedule for good cause and on terms as are just, except that the trial date may be changed only as provided in Rule 33. A modification may consist of making the time for any event or the entire track longer or shorter. If the Clerk's Case Schedule is modified on motion of a party, that party shall prepare and present to the trial judge for signature a "Clerk's Amended Case Schedule", which shall be promptly filed and served on all other parties. If the Clerk's Case Schedule is modified on the Trial Judge's own motion, the Assignment Clerk shall prepare, file and promptly mail the "Clerk's Amended Case Schedule" to all parties.

(A) All civil cases, except as provided in subsections 39.01 and 39.02 of Sup. R. 39, shall be placed on the primary track of 12 months with event and time intervals included in the "Clerk's Original Case Schedule" as follows (measured in weeks from the date of filing):

12-Month Track

Case Filed                                                                                                                     0

Issue Pretrial Orders                                                                                                   10

Initial Joint Disclosure of All Witnesses                                                                 20

Supplemental Joint Disclosure of All Witnesses                                                   28

Trial Confirmation Date                                                                                              30

Dispositive Motions                                                                                                   40

Discovery Cut-Off                                                                                                       42

Final Pretrial Conference (target date only)                                                             50

Trial Assignment (target date only)                                                                         52

(B) All Professional Tort (A), Product Liability (B) and Other Civil (H) cases shall be placed on the 24-month track with time intervals included in the "Clerk's Original Case Schedule" as follows (measured in weeks from date of filing):

24-Month Track

Case Filed                                                                                                                     0

Issue Pretrial Orders                                                                                                   12

Initial Joint Disclosure of All Witnesses                                                                 44

Supplemental Joint Disclosure of All Witnesses                                                   56

Trial Confirmation Date                                                                                              70

Dispositive Motions                                                                                                   88

Discovery Cut-Off                                                                                                       90

Decisions on all Motions                                                                                           96

Final Pretrial Conference (target date only)                                                            100

Trial Assignment (target date only)                                                                         104

(C) Enforcement and Monitoring

The Trial Judge, upon motion of a party or sua sponte, may impose penalties and/or sanctions for failure to comply with the Clerk's Case Schedule established under these Rules. If the Trial Judge, after notice and hearing, finds that a party or attorney has failed to comply with a case schedule and/or these Local Rules without reasonable excuse or legal justification, the Trial Judge may impose penalties and/or sanctions proportional to the extent or frequency of the violations. The concept of "penalty" and "sanctions" shall be coextensive with the inherent power of the Court and the enumerated powers of the Court contained in the Civil Rules. The Trial Judge and bailiff will monitor cases on an ongoing basis to determine compliance with the case schedule and these Local Rules.

All Administrative Appeals (F) shall be placed on the appeals track, which shall consist of the following sequence of events within these time limits:

Filing of Record                                                                                                                     5

Filing of Record, if extension granted                                                                            8

Dispositive Motions                                                                                                            15

Filing of Appellant's Brief                                                                                                   18

Filing of Appellee's Brief                                                                                                    22

Filing of Appellant's Reply Brief                                                                                       24

Oral Argument, if allowed                                                                                                  25

Decision                                                                                                                               26

The Trial Judge may extend this schedule upon written motion of a party, sua sponte or for good cause shown, e.g., the complexity of the case or the length of the record.

The Court shall be in continuous session for the transaction of judicial business, but for the purposes of O.R.C. Section 2301.05 each calendar year shall be divided into three (3) part terms of Court. The January part shall begin on the first Monday following the first day of January; the May part shall begin on the first Monday of May; and the September part shall begin on the day following Labor Day.

The sessions of the general division of this Court shall, unless otherwise ordered by the Judge, begin at 8:30 a.m. and close at 4:30 p.m. on Monday through Friday, each week, except on those days designated by law as legal holidays.

(A) The Judge shall appoint an Administrator who will function as the chief non-judicial officer of the Court. In addition to providing general supervision of the Court's assignments, probation, jury, budgetary and personnel systems, the Court Administrator will implement the administrative policy decisions of the Court and perform such other duties as may be assigned by the Court. With the exception of the Magistrates, all other court personnel, including Court Reporters, shall be under the general supervision of the Court Administrator.

(B) The Official Reporter shall be responsible for the general supervision of the office of Court Reporters and for the assignment of reporters. Reporters shall report for duty at 8:30 a.m. each working day and shall not engage in any other employment, except with prior approval from the Court or the Court Administrator. In every case reported by the Official or Assistant Reporter, the Statutory Fee for each day shall be taxed and collected as costs in the case.

(C) The Chief Probation Officer and Bailiff shall be responsible for the security of the Court and its daily operation, including the opening and closing of all court sessions. In addition, said Officer shall be responsible for the administration of the Court's Probation Department.

The Clerk of the Court shall prepare and maintain for the use of the Judge the following dockets, calendars and index cards:

(A) A general Appearance Docket.

(B) A general Trial Docket.

(C) A journal.

(D) A separate Execution Docket

(E) The Clerk shall keep an index to the Appearance and Execution Dockets direct and reverse and to all other books direct.

(A) No civil action or proceeding shall be accepted by the clerk for filing unless the party or parties offering the same for filing shall have first deposited a sum to secure the payment of the costs that may accrue in such action or proceeding, except as otherwise provided by law. Such advance deposit shall be in accordance with the schedule approved by the Court and prepared and published by the Clerk from time to time.

(B) Upon the filing of a COUNTERCLAIM, CROSSCLAIM or THIRD PARTY COMPLAINT in any civil action, there shall be a deposit with the Clerk as upon the filing of the original Complaint.

Foreclosures, Alias Foreclosures (additional $300 per parcel at time of issuing of Order of Sale)                   $300.00

Malpractice Suit                                                                                                                                                             300.00

Complaint                                                                                                                                                                       300.00

Counterclaims, Crossclaims and Third-Party Complaints                                                                                      100.00

Order in Aid of Execution or Execution                                                                                                                     100.00

Writ of Possession                                                                                                                                                       100.00

Making Certificate                                                                                                                                                         5.00

Certificate of Judgment (to file)                                                                                                                                 20.00

Release/Canceling of Certificate of Judgment                                                                                                         5.00

Certification of any Order                                                                                                                                           1.00

Additional fee if personal service requested                                                                                                          50.00

Motion requesting an oral hearing                                                                                                                           50.00

DOMESTIC RELATIONS ACTIONS - See Rule 69.01

Notice of Appeal (each filing)                                                                                                                                 175.00

Witnessing signatures                                                                                                                                              1.00

Certification of any document or documents                                                                                                         1.00

Filing of Notary                                                                                                                                                           5.00

Copies per page, one side                                                                                                                                          1.00

In any case where a judgment creditor seeks execution against assets of the defendant, the request for execution shall state by detailed description those specific assets of the judgment debtor against which execution shall issue. A $100.00 filing fee is required upon each execution. The request to the Clerk shall include the volume and page of the Certificate of Judgment upon which execution is to be issued.

1. judgment debtor exact address;

2. address or exact location of the goods to be executed upon;

3. VIN number, serial number, make and model number of all items of personal property; and

4. a statement of any interest to be collected by percentage and accrual date.

In all civil cases, the party demanding a jury trial shall deposit an additional $250.00 as security for costs of calling the jury not later than ten (10) days after the first pretrial. Failure to advance this deposit shall constitute a waiver of the right to trial by jury.

Should any other party desire a trial by jury, he or she may either file his or her own demand and meet these requirements by filing a $250.00 deposit, or, if he or she chooses to rely upon the demand of another party, make the $250.00 deposit within twenty (20) days of the date said other party files his or her demand should said other party fail to file a deposit in accordance with this rule.

The poverty affidavit provisions of Local Rule 11.04 shall apply.

No attorney or officer of the Court will be received as bail or surety.

(A) Ex Parte Communications. No attorney shall discuss the merits either orally or in writing of any litigation with any judge or magistrate presiding over the matter before final disposition thereof without the presence of opposing counsel or the party, if not represented.

(B) Attorney Conferences. If it is determined that an issue in a pending action needs to be discussed with a judge or magistrate prior to hearing or disposition of the action, the attorney desiring said conference may, with notice to opposing counsel, request a conference with the judge or magistrate.

(1) Name, address, telephone number and Supreme Court registration number of counsel. If counsel is a firm of attorneys, the attorney having primary responsibility for the case shall be indicated thereon. Counsel shall promptly notify the Clerk of Courts of any changes in this information.

(2) The current address of all parties to the action shall be included on the original pleadings. A post-judgment motion for purposes of this rule shall be considered an original pleading.

(3) The name of the judge to whom the case is assigned.

(4) A designation of the category of said action, which designation shall be set forth next to the case number and which shall be one of the following:

Professional Tort: CVA
Products Liability: CVB
Other Torts: CVC
Workers' Compensation: CVD
Foreclosures: CVE
Administrative Appeal: CVF
Complex Litigation: CVG
Other Civil: CVH

Criminal Cases: CR

Divorce with minor children: DRA
Divorce without minor children: DRB
Dissolution with minor children: DRC
Dissolution without minor children: DRD
Change of custody: DRE
Visitation modification/enforcement: DRF
Support modification/enforcement: DRG
Domestic violence: DRH
U.R.E.S.A.: DRI
Parentage: DRJ
All others: DRK

Additional Designation:

If a case has been assigned to a visiting judge, in addition to the designation above specified, the designation of "V" shall appear before the case number in all filings made after the appointment of a visiting judge.

(5) A case designation sheet reflecting the case categories above shall be filed with each new case. Forms may be secured from the Clerk of Courts.

(A) Attorneys should limit requests for facsimile transmission to filings of an emergency or time-critical nature. Electronic of FAX filings may be used only in appropriate circumstances. The Court reserves the right to revoke the FAX filing privilege of any attorney who appears to be abusing the privilege as documented on the FAX log maintained by the Clerk of Courts.

(B) All pleadings and other papers may be filed with the Court by facsimile transmission (FAX) subject to the following provisions:

(1) A FAX document will be accepted as original and the signature accepted as original consistent with Civil Rule 5(E). No additional paperwork need be filed.

(2) The attorney must telephone the Clerk's office and request a FAX log number to identify the intended facsimile filing. The attorney must provide the Clerk with his or her name, the number of the case, the nature of the pleading or paper, the number of pages and billing information. The Clerk will maintain this information on his or her log.

(3) Documents must be no longer than ten (10) pages.

(4) The attorney must transmit the item at a time and to a phone number specified by the Clerk. Such time will ordinarily be within normal business hours.

(5) The attorney must use a cover sheet prescribed by the Court and Clerk and provide all required information including the log number. FAX transmissions without the cover sheet or the assigned log number will not be accepted for filing. Papers for no more than one case only may be transmitted with a given cover sheet.

(6) The Clerk will time stamp the cover sheet and return a copy of it to the attorney filing the FAX transmission.

(7) Costs are $2.00 per transmission plus $1.00 per page.

(A) The Clerk shall maintain a FAX machine in his or her office premises. This machine will be attached to a dedicated phone line and a dedicated electronic circuit protected by a surge protector.

(B) The Clerk shall use 20-pound bond paper in a plain paper FAX machine according to CCITT Group 3 specifications.

(C) All FAX transmissions intended for filing in any case shall be directed to the FAX machine in the office of the Clerk of Courts. Transmissions directed to the Court Administrator need not be accepted by the Clerk.

(D) For other FAX equipment features, contact National Center for State Courts, Williamsburg, Virginia.

(A) When testimony is recorded on videotape pursuant to Civil Rule 40, Sup. Rules 10 and 15, it will be the responsibility of counsel to instruct the person before whom the testimony is taken in accord with Civil Rule 28(A), to note by the use of a digital counter or other clock device connected with the tape the point on the videotape where objections are made. The notary will then number the objections consecutively and attach this record to the certification when filed with the Clerk.

(B) Objections must be made at the conclusion of the questions and answers only. Counsel shall state the basis for the objections and may read citations into the record at this time; however, additional citations may be provided to the Court at a later time. Any objections made prior to the completion of an answer may, in the Court's discretion, be disregarded and overruled.

(C) When cases are assigned for trial pursuant to Civil Rule 40 and Sup. Rule 15, a date will be assigned for the filing of plaintiff's testimony and defendant's testimony for editing. A certified copy of the transcript of the testimony or such portion thereof as is necessary to rule on any objections shall accompany a videotape deposition.

(D) In all cases where testimony is recorded on videotape, the costs shall be assessed pursuant to Sup. Rule 12(D).

(E) If videotape depositions are to be used in the trial of a case, the tape(s) and accompanying transcripts must be filed with the Clerk of Courts, for editing by the Court, no later than seven (7) days prior to trial. Any videotapes submitted after this date will not be presented to the jury, unless for good cause shown the trial court grants leave to file said depositions out of rule. All videotape depositions must comply with the requirements of Common Pleas Superintendence Rule 11(A), formerly Rule 15. Except for good cause shown, no trial continuances will be given because of the inability of a medical expert to be present to testify. Civ. R. 32(A)(3). Videotape depositions may be referred by the Court to a Magistrate for editing without further notice to parties or counsel. Should the testimony be edited by a Magistrate, the log sheet of the operator/notary public before whom the testimony was recorded and the Magistrate's rulings shall constitute the Magistrate's report. Objections to the Magistrate's report or a Judge's rulings may be filed with the Court at anytime prior to trial.

(F) Videotape trials: The Court may, in any appropriate case, order in the recording of all testimony and evidence on videotape in accordance with Superintendence Rule 11, formerly C.P. Sup. Rule 10.

Proof of service of all pleadings, motions, briefs, memoranda or other writing filed with the Court shall be by certificate of service attached to such pleading, motion, brief, memorandum or other writing and shall include the names of the attorneys and/or parties served, not simply "all parties or counsel of record".

This rule applies to all civil motions except rule day extensions which are governed by Local Rule 17, motions for continuances which are governed by Local Rule 33.07 and domestic relations motions which are governed by Local Rule 69. For purposes of scheduling and briefing, there are three classes of motions:

An oral hearing may be requested on any motion by any party moving or opposing the motion. The party requesting the oral hearing is responsible for coordinating the scheduling of the oral hearing with the other party(s) and the Court's Assignment Clerk. The scheduling of the oral hearing shall conform to the scheduling of the non-oral hearing in order to permit the parties to have the same briefing schedule. The oral hearing will not be scheduled earlier than the date and time of the non-oral hearing. The request for the oral hearing must be made at least seven (7) days before the non-oral hearing date, except in the case of Local Rule 25.01(B) motions. A party will not be permitted to argue at the oral hearing unless he or she has complied with the briefing schedule for non-oral hearing motions. The Court may, in its discretion, limit the time allowed for oral argument.

The party requesting the oral hearing should first contact the Court's Assignment Clerk to advise that an oral hearing will be requested and obtain possible dates and times for the oral hearing. The requesting party should then contact the opposing party(s), confirm a date and time for the oral hearing and advise the Court's Assignment Clerk of same. The requesting party should then serve notice thereof on the other party(s) and file with the Court a copy of the notice and a certificate of service.

The moving party should file with the Court an original and one (1) copy of the motion and all parties should file with the Court an original and one (1) copy of memoranda of authorities in order to provide the Court with a working copy. It is not necessary, but a party is allowed to file an extra copy of affidavits, the relevant portions of depositions, exhibits and other documentation submitted in support or in opposition to a motion.

The furnishing of transcripts by the official court reporters and the amount and method of paying compensation for them shall be fixed by court order and as provided by R.C. 2301.21 - 2301.25.

The transcription of proceedings in any case other than indigent criminal cases shall not be begun and transcribed by an official reporter for the Court until there is deposited with her or him a sum equal to the estimated cost thereof as the same shall be estimated by the official reporter. In the event the deposit is not sufficient to cover the entire cost of the transcript, the unpaid balance shall be paid to the official reporter before the transcript is delivered to the party ordering it. In the event the deposit exceeds the cost of the transcript, the unused portion thereof shall be returned by the official reporter to the party ordering and paying for the transcript.

No attorney shall be allowed to withdraw in a pending case without good cause shown and the Court granting said motion. Attorneys seeking to withdraw shall submit a motion and proposed entry to the Judge. There must be a certificate of service to the opposing counsel and to the withdrawing counsel's client. Except for compelling reasons, counsel shall not be permitted to withdraw until new counsel has entered the case.

(1) The counsel who will be trial counsel and who is fully authorized to act and negotiate on behalf of the party.

(2) A concise description of the factual issues to be decided at the time of trial.

(3) A concise description of the legal issues to be decided at trial and whether a trial brief will be required regarding same.

(4) A listing of all expert witnesses expected to be called by each party.

(5) A listing of all non-expert witnesses to be called by each party.

(6) A listing of all exhibits which are expected to be offered by each party into evidence at the time of trial.

(7) An itemization of all special damages to be claimed at the time of trial.

(8) A description of the trial procedure to be requested, including:

(a) Whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages if liability is found.

(b) Whether or not a jury view will be requested.

(c) Whether or not a jury trial, if previously demanded, will now be waived and, if not, the number of jurors demanded.

(d) Estimated number of days required for trial.

(9) A statement that all depositions and discovery proceedings, any necessary physical examinations and all records have been supplied, and that all law and motion matters have been completed, and that a reasonable opportunity has been afforded all counsel for the same. If further discovery is necessary, the pre-trial order shall establish the cut-off dates for the allowance of the same. No further additions to the proposed list of witnesses, reports and exhibits will be permitted without good cause shown and the permission of the trial court.

(10) A statement of status of settlement negotiations.

(1) Upon the failure of plaintiff and/or his counsel to appear in person at any pre-trial conference, the Judge may dismiss the case for want of prosecution or employ any of the sanctions set forth in Civil Rule 37(B).

(2) Upon the failure of defendant and/or his counsel to appear in person at any pre-trial conference, the Judge may hear the evidence and decide a case triable to the Court; or in a case triable by jury, hear evidence and decide the case; or employ any of the sanctions set forth in Civil Rule 37(B).

(1) Continuances of civil and criminal cases shall be in accordance with Superintendence Rule 14.

(2) All requests for continuances of trial or hearing shall be by written motion which complies with Civil Rule 7(B). The motion shall be endorsed by the moving party's client as well as the non-moving party's attorney. Should the moving party's client be a corporation, the motion shall be endorsed by its authorized agent. Service of the motion shall comply with Civil Rule 5. Continuances shall be granted only by the Judge. No continuance shall be granted to any party at any time unless the moving party first sets a definite date for trial or hearing.

(3) Continuance of a cause may be granted on the ground of inability to procure the testimony of an absent witness when it is made to appear that due diligence was used to procure such testimony. In order to obtain a continuance on this ground, the party making the application must support the same by affidavit stating therein what he or she expects to prove by such witness. If the Court finds the testimony set forth to be immaterial or if both parties consent to the reading of the affidavit in evidence, the application will not be sustained and the case will proceed to trial.

(4) Where a continuance of a cause is requested on the ground that an attorney interested in the case is already engaged on the date set for trial in another court of record or governmental bureau, or has enrolled in a legal seminar, proof of such prior assignment or enrollment shall be attached to the motion for continuance, which shall be filed forthwith following notification of the assignment of the case in this Court.

(5) All motions for a continuance shall be accompanied by a proposed journal entry ordering the reassignment of said case for a date certain. In the event a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.

(6) If a party or counsel appears for trial but shows good cause as to why he or she is not ready for trial, the Court shall make such order or orders as it deems proper. If a party or counsel appears for trial but indicates that he or she is not ready for trial without showing good cause for his or her unreadiness, the Court, if such party is one seeking affirmative relief, shall enter an order dismissing the claim for want of prosecution, or if a party defending a claim, shall order the party seeking relief to proceed with the case and shall determine all matters ex parte.

(7) If a party seeking affirmative relief, either in person or by counsel, fails to appear for trial, the Court shall enter an order dismissing the claim for want of prosecution. If a party defending a claim, either in person or by counsel, fails to appear for trial and the party seeking affirmative relief does appear, the Court shall order such party to proceed with the case and shall determine all matters ex parte.

(1) All exhibits shall be marked and exchanged before trial as the Court directs. The Court shall be provided with a schedule of the proposed exhibits.

(2) Exhibits in the custody of the Official Court Reporter and/or the Clerk of Courts may be returned to the offering party six (6) months after the expiration of the appeal process by signing a receipt which indicates the exhibits to be returned. If said exhibits are not obtained within nine (9) months of the expiration of the appeal process, the exhibits may be destroyed, except exhibits from criminal cases which will be turned over to the Ottawa County Prosecutor's office.

(3) Records in the custody of the Clerk of Courts and the shorthand notes of the Official Court Reporter may be destroyed ten (10) years after a case is concluded and after compliance with Section 149.40 of the Ohio Revised code, except in Murder and Aggravated Murder cases.

The Court shall be notified immediately if a case is settled.

If a case is settled after 4:30 p.m. two (2) calendar days immediately proceeding the first day of trial, the Court may assess the costs of the jury to one or both parties.

The purpose of these rules of criminal practice is to provide the fairest and most expeditious administration of criminal justice possible within the requirements of the Ohio Rules of Criminal Procedure, the provisions of the Ohio Revised Code, the Ohio Constitution and the U. S. Constitution. These rules shall be construed and applied to eliminate delay, unnecessary expense and all other impediments to a just determination of criminal cases. Further, the disclosure and discovery requirements placed upon both the prosecution and the defense are to fully implement Rule 16 of the Ohio Rules of Criminal Procedure and the requirements of Brady v. Maryland, 373 U.S. 83 (1963). The rules of practice of this Court for civil cases apply to all criminal proceedings, except where clearly inapplicable.

When the amount of bail has been fixed in a criminal case before it reached this Court and either the State or the defendant desire to modify the amount of conditions thereof, such party shall make application to the Magistrate of the Court. Notice thereof shall be given the adverse party and after submission to the Court, the action approved by the Court shall be by entry made a part of the papers of the case.

Where under the provision of Ohio Revised Code Section 2941.33 the prosecuting attorney desires to enter a nolle prosequi in any criminal case, he or she shall file a written application therefor to which shall be attached a memorandum setting forth the reason or reasons for said motion, which memorandum shall be signed by the prosecutor in the case.

Leave to enter a nolle prosequi shall be granted only upon showing in open court or in the memorandum that dismissal will best serve the cause of justice. The following reasons shall be deemed sufficient:

(1) The State does not have sufficient evidence to sustain a conviction.

(2) On further investigation, after return of indictment the State has discovered additional evidence which raises a reasonable doubt as to defendant's guilt.

(3) There is sufficient evidence to substantiate defendant's claim of defense.

(4) There is a defect in the arrest or indictment.

(5) The ends of justice are better served by prosecution of the defendant on a different charge.

(6) Such other cause as clearly demonstrates that dismissal serves the ends of justice.

The Court may at its discretion require that leave to enter a nolle prosequi in any criminal case be in open court and upon written motion as described above.

All Grand Jury proceedings shall be transcribed. The Official Court Reporter shall not prepare transcripts of testimony of Grand Jury proceedings except under order of the Court.

Criminal cases bound over to this Court on which no final action is taken by the Grand Jury within twenty-eight (28) days shall be dismissed forthwith and without prejudice. If the complaining witness' testimony is not available, the case may be continued by the Court for a definite period of time and such continuance noted in the report of the Grand Jury.

(A) Arraignments will be scheduled before the Magistrate as ordered by the Court.

(B) If the defendant is not represented by counsel, the arraignment shall be continued and an attorney assigned from a list of eligible counsel or from the County Public Defender's Office.

(C) If at arraignment before the Magistrate the defendant wishes to enter a guilty plea, all proceedings before the Magistrate shall cease and the matter shall be referred to the Court forthwith.

(E) If at arraignment a not guilty plea is entered by the defendant:

1. The Magistrate will set a date and time for the pre-trial conference and for the trial.

2. An information packet shall be delivered to defendant's counsel upon execution of a Demand and Receipt for same.

3. The Information Packet shall contain:

(a) any statements of defendant's and co-defendant's;

(b) all available laboratory reports;

(d) all discovery as provided in Rule 16 of the Ohio Rules of Criminal Procedure.

4. Execution of a demand and receipt, and acceptance of the information packet by counsel for defendant automatically obligates defendant to supply reciprocal discovery as provided in Rule 16 of the Ohio Rules of Criminal Procedure.

(a) The date for trial and/or for hearing of any preliminary motion will be fixed at the pre-trial conference or as soon thereafter as the Court may determine.

(b) The defense will provide discovery to the prosecutor at least 14 days before trial.

(c) No plea other than guilty to all counts and specifications in the indictment will be accepted within ten days before trial except for good cause shown.

No continuance of any conference or hearing shall be granted to the prosecutor or to the defense unless request is made in writing and/or in open court before the assigned judge. If granted, the party making the request shall journalize the order of the Court within three (3) days. Any order granting a continuance shall contain the date to which said trial is continued.

(A) All arraignments for indigent defendants shall be represented by the public defender unless counsel for the defendant has been previously appointed by a municipal court. Counsel appointed by the municipal court for an indigent defendant shall continue as attorney of record for said defendant from the time of bindover until arraignment. Payment for services shall be pursuant to (C) below. The Magistrate may appoint new counsel for indigent defendants at arraignment.

Appointments of private counsel will be made from a list of qualified attorneys who desire and are willing to undertake such defense. Any attorney desiring such appointments shall submit two (2) copies of his or her resume to the Court, such resume not to exceed one (1) page. The copies shall be distributed to the Judge and to the Magistrate. Refusal to accept any appointment, except for good cause, may subject an attorney to immediate removal from the appointment list.

(B) Before counsel is appointed, each alleged indigent defendant must file an Affidavit of Indigency setting forth the facts thereof, the amount of any payment made and to whom for legal representation in the matter to date. No attorney who has received compensation or has been promised compensation from any source shall be appointed to represent that indigent defendant.

(C) Unless otherwise provided by law or order of the Court, fees shall be paid as set forth in Ottawa County, Ohio Resolution entitled "In the Matter of Setting Fees for Assignment Counsel in Criminal Cases" dated May 8, 1986 and recorded in the Commissioners' Journal, Volume 34, pages 539-542 inclusive.

(D) An affidavit setting forth the number of hours expended, with an itemized log of work performed, shall be made by each appointed attorney on forms to be supplied by the Court. The affidavit shall include a statement that no compensation has been received or promised from any source, and an itemization of actual expenses incurred.

(A) Motions and other written requests in the criminal cases shall be filed within 35 days after arraignment or plea unless otherwise allowed by the Court. Motions not filed in such time or not disposed of will be heard and decided at the trial at the discretion of the trial judge. Any assignment for trial will not be continued because of the filing of such a motion

(B) All motions, briefs and memoranda, pro and contra, shall be filed in duplicate.

It is the duty of the lawyer not to release or authorize the release of information or opinion for dissemination by any means of public communication in connection with pending or imminent criminal litigation with which he is associated if there is a reasonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice.

With respect to a Grand Jury or other pending investigation of any criminal matter, a lawyer participating in the investigation shall refrain from making any extrajudicial statement for dissemination by any means of public communication that goes beyond the public record or that is not necessary to inform the public that the investigation is underway to describe the general scope of the investigation to obtain assistance in the apprehension of a subject, to warn the public of any dangers or otherwise to aid in the investigation.

From the time of arrest, issuance of an arrest warrant or the filing of an affidavit, information or indictment in any criminal matter until the commencement of trial or disposition without trial, a lawyer associated with the prosecution or defense shall not release or authorize the release of any extrajudicial statement for dissemination by any means of public communication relating to the matter and concerning:

(1) The prior criminal record (including arrest, indictments or other charges of crime) or the character or reputation of the accused, except that the lawyer may make a factual statement of the accused's name, age, residence, occupation and family status and, if the accused has not been apprehended, a lawyer associated with the prosecution may release any information necessary to aid in the apprehension or to warn the public of any dangers he may present.

(2) The existence or contents of any confession, admission or statement given by the accused or the refusal or failure of the accused to make any statement.

(3)  The performance of any examinations or test of the accused or the refusal or failure to submit to an examination or test.

(4) The identity, testimony or credibility of prospective witnesses except that the lawyer may announce the identity of the victim if the announcement is not otherwise prohibited by law.

(5) The possibility of a plea of guilty to the offense charged or a lesser offense.

(6) Any opinion as to the accused's guilt or innocence, as to the merits of the case or the evidence in the case.

The foregoing shall not be construed to preclude the lawyer during this period in the proper discharge of his or her official or professional obligations from announcing the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit and use of weapons), the identity of the investigating and arresting officer or agency and the length of the investigation, from making an announcement at the time of seizure of any physical evidence other than confession, admission or statement which is limited to a description of the evidence seized, from disclosing the nature, substance or text of the charge, including a brief description of the offense charged, from quoting or referring without comment to public records of the Court in the case, from announcing the scheduling or result of any stage in the judicial process, from requesting assistance in obtaining evidence or from announcing without further comment that the accused denies the charges made against him or her.

During the trial of any criminal matter, including the period of selection of the jury, no lawyer associated with the prosecution or defense shall give or authorize any extrajudicial statement or interview relating to the trial or the parties or issues in the trial for dissemination by any means of public communications, except that the lawyer may quote from or refer without comment to public records of the Court in the case.

After the completion of a trial or disposition without trial of any criminal matter and prior to the imposition of sentence, a lawyer associated with the prosecution or defense shall refrain from making or authorizing any extra-judicial statement for dissemination by any means of public communication if there is a reasonable likelihood that such dissemination will effect the imposition of sentence.

Notice of bail forfeiture shall be sent by the Clerk to the defendant and to the surety in such form as may be approved by the Court from time to time. The defendant and surety shall, on or before the date set forth, show good cause as to why judgment should not be entered against them. The Clerk shall promptly present such affidavit to the Judge. No oral hearing shall be had thereon unless requested in writing and granted by the Judge. After judgment is entered against the defendant and surety, no surety shall be released nor shall any penalty be released or remitted, except upon the filing of a written verified application filed with the Clerk in the case in question, setting forth in detail the reasons why a release or reduction should be granted. The Clerk shall bring the application to the attention of the Judge who shall make the final determination upon such application. After the determination is made, an order reflecting that determination shall be entered by the Judge.

Daily copies of transcripts to counsel in criminal cases will not be ordered, provided for or permitted except in such cases where the sound discretion of the trial judge would require the same in the interest of justice.

Any defendant found guilty of a criminal offense in this Court may, on a form provided by this Court, disclose assets of whatsoever kind for the purpose of assisting the Court, the Adult Probation Department and the Sheriff of collecting of the fine and costs in such action.

The form shall be completed subsequent to sentencing and shall be filed with the Prosecuting Attorney's office and maintained by that office until fines and costs are paid.

These records shall be available to the Sheriff in regard to his or her duties in executing any judgment for fine and/or costs.

Upon payment in full of the fine and costs, the Prosecuting Attorney's office shall destroy the Certification of Assets.

At the time a Judge orders a pre-sentence investigation, a date for sentencing shall be established. The date of sentencing shall not be less than four weeks nor more than six weeks after the pre-sentence investigation is ordered.

The probation officer who prepares the report shall have it completed no later than two court days prior to sentencing. When the report is complete, it shall be sent to the Judge and made available at the Probation Department for review by the defendant's attorney (or by the defendant is he or she is not represented by an attorney) and the Prosecutor. No report shall be taken from the Probation Department without the written approval of the Judge assigned to the case.

If the report contains information that is not available for review pursuant to Ohio Revised Code Section 2951.03(B), such information shall be sent to the Judge along with the report. The report made available for review by the attorneys or the defendant shall reflect the fact that information, if any, has been deleted pursuant to Ohio Revised Code Section 2951.03(B) and the general categories of such deleted information shall also be noted. (See ORC Section 2951.03(B)(1)(a-d).)

Any hearing and/or court findings necessitated as a result of the deleted information shall be held on the date of sentencing or at any other date designated by the Judge.

The probation officer assigned to the Court or the case on the day of sentencing shall be responsible for obtaining all copies of the report immediately after the imposition of sentence.

SCOPE RULES. These rules govern the procedure in the Ottawa County Court of Common Pleas on a Petition under Ohio Revised Code Section 2953.21 (Post-Conviction Determination of Constitutional Rights).

1. PETITION. A petition shall specify all the grounds for relief which are available to the petitioner and of which he or she has, or by the exercise of reasonable diligence should have, knowledge and shall set forth in summary form the facts, without legal citation, supporting each of the grounds. The petition shall be typewritten or legibly handwritten and shall be signed and sworn to by the petitioner. If a petitioner desires to attack the validity of other judgments of that court under which he or she is in custody, he or she shall do so by separate petitions.

2. PRELIMINARY CONSIDERATION BY JUDGE. The original petition shall be presented promptly to the Judge of the Common Pleas Court who was originally assigned the petitioner's case at trial for the preliminary determination concerning the sufficiency of the petition.

3. DISCOVERY. A party may invoke the processes of discovery available under the Ohio Rules of Civil Procedure, including Rules 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 or elsewhere, in the usages and principles of law if, and the extent that, the Judge in the exercise of his or her discretion and for good cause shown grants leave to do so, but not otherwise. If necessary for effective utilization of discovery procedures, counsel shall be appointed by the Judge for a petitioner who qualifies for appointment under Chapter 120 of the Ohio Revised Code.

4. EVIDENTIARY HEARING.

(a) Determination by Court. If the petition has not been dismissed at a previous stage in the proceedings, the Judge, after the answer is filed and any transcripts or records of prior court actions in the matter are in his or her possession, shall, upon a review of those proceedings and of the expanded record, if any, determine whether an evidentiary hearing is required. If it appears that an evidentiary hearing is not required, the Judge shall make such disposition of the petition as justice dictates.

(b) Function of the Magistrate. When designated to do so in accordance with Rule 53 of Ohio Rules of Civil Procedure, a magistrate may conduct hearings, including evidentiary hearings, on the petition, and submit to a judge of the court proposed findings of fact and conclusions of law.

5. DELAYED OR SUCCESSIVE PETITIONS.

(a) Delayed Petitions. A petition for relief pursuant to these rules may be dismissed if it appears that the State of Ohio has been prejudiced in its ability to respond to the petition by delay in its filings, unless the petitioner shows that it is based on grounds of which he or she could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the State occurred.

(b) Successive Petitions. A second or successive petition may be dismissed if the Judge finds that it fails to allege new or different grounds for relief and the prior determination was on the merits, or if new and different ground are alleged, the Judge finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of procedure governed by these rules.

(A) The Clerk shall maintain a separate index and docket for each warrant.

(B) Where the Judge files with the Clerk, pursuant to Rule 41(E) of the Ohio Rules of Criminal Procedure, the search warrant, copy of the return, inventory OR ANY other papers in connection therewith, the Clerk shall secure said documents in a separate jacket consecutively numbered and indexed by name.

(C) If property is seized, it shall be held by the officers or arresting authority WHO SEIZED THE PROPERTY for safe keeping unless the Court directs otherwise.

(A) The Common Pleas Court's primary criminal law duty is to handle felony cases. Consistent therewith the Court will only administer misdemeanors that are charged against a defendant concurrently with a felony charge pending in this Court.

(B) All indictments or information charging only misdemeanors shall be transferred to or refiled in the court from which bindover to the Grand Jury was made or to the Court of record of the jurisdiction in which venue appears. (See Crim. R. 21.)

(C) If there is a reduction from a felony to a misdemeanor, the case should proceed to be refiled by the Prosecutor in the court from which bindover to the Grand Jury was made or to the court of record in the jurisdiction in which venue appears.

If counsel fails to present an entry within 20 days after the order decreed or judgment is rendered, the trial judge may cause the proper entry to be prepared and filed without submission or notice to counsel or take such other action as may be appropriate under the circumstances.

Default judgments shall be granted in accordance with Civil Rule 55. Motions shall be accompanied by a proposed judgment entry.

When a principal party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, the party entitled to a judgment by default shall apply in writing or orally to the Court therefor. However, no judgment by default shall be entered against a minor or an incompetent person unless represented in action by a guardian or other representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, he or she shall be served with written notice of the application for judgment at least seven (7) days prior to the hearing on such application, the date and time to be fixed by the assignment commissioner with the concurrence of the Judge assigned. If, in order to enable the Court to enter judgment or to carry it into effect, it is necessary to take an accounting or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the Court may conduct such hearings or order such references as it deems necessary and proper and shall when applicable accord a right of trial by jury to the parties.

1. that the maker of the cognovit now resides in Ottawa County; or

2. that the maker, or any one of several makers, of the cognovit note signed the warrant of attorney in Ottawa County; and

3. that the instrument does not arise out of a consumer loan or a consumer transaction. (ORC Section 2323.13(E))

In all cases in which demand or request to the agency by the Appellant is a prerequisite to the preparation or filing of the transcript of the record by the agency, such demand or request shall be filed by the Appellant with the agency at the time of filing the notice of appeal, unless otherwise provided by law or Rule of the Supreme Court.

Upon the expiration of the time for filing of the last brief, the case will be considered as submitted upon the briefs unless oral argument is requested in writing and granted by the judge to whom the case is assigned or is required by law. Such argument shall not exceed 15 minutes per side unless extended by the judge.

See Jury Use and Management Plan, Vol. 243, Pp. 144-155.

It is within the discretion of the Court to have jury questionnaires prepared and to make such questionnaires available to counsel. If jury questionnaires are to be used, the following procedure shall apply:

Prior to trial, the Assignment Clerk shall provide counsel for the parties copies of jury questionnaires which have been previously completed by prospective jurors under the Court's direction.

During Voir Dire, counsel may not inquire of jurors as to matters satisfactorily and completely answered in the questionnaires.

Counsel may not copy the jury questionnaires furnished to them and must return the jury questionnaires to the Assignment Clerk at the conclusion of the trial.

All requests for views of the scene by either party shall be in writing and filed with the Court seven (7) days prior to trial and notice to the adverse party with a list of details to be pointed out to the jury by the bailiff. The requesting party shall deposit, in advance, One Hundred Dollars ($100) with the Clerk of Courts which will be applied to transportation costs.

No oral agreement by counsel or with a party or an officer of the court will be regarded unless made in open court.

(A) In actions to quiet title, partition and for the marshalling and foreclosure of liens on real property and except those involving foreclosure of real property for delinquent land taxes by In Rem proceedings under Section 5721.18, the attorney for plaintiff shall procure and file with the Clerk, within 30 days after the filing of the complaint, evidence of the state of the record title to the premises in question, including the name of the owners of the property to be sold and a reference to the volume and page of the recording of the next preceding recorded instrument by or through which the owners claim title as the same shall have been prepared and extended by a responsible title and abstract company to a date not over 30 days prior to the filing of the complaint. The Court may, however, upon motion and notice to all interested parties and for good cause shown, permit such evidence of title to be prepared by any qualified person of recognized good standing. A true copy certified by the attorney or a photostatic copy of the original evidence of title may be filed with the Clerk in lieu of such original.

Upon failure of the attorney for the plaintiff to comply with the foregoing requirement within 60 days after filing of the complaint, any cross-complainant or other interested party upon notice to plaintiff's attorney may procure leave to furnish and file such evidence of the state of title within the ensuing 30 days. Such evidence of title or copy thereof shall become and remain a part of the files in the case. Where the evidence of title indicates that necessary parties have not been made defendants, the attorney for the party filing the same shall proceed without delay to cause such new parties to be added and served.

In all foreclosure actions, it is not necessary for the Ottawa County Treasurer to be named as a party or for the Treasurer to file an answer. It shall, however, be the responsibility of the attorney for the plaintiff to provide for payment of real estate taxes in the conformation order. Further, no sheriff's deed shall be issued unless and until the real estate taxes have been paid in full to the date of transfer.

(B) At the time of entry of judgment in any such case a final certificate of extension of the evidence of title shall be prepared and filed in accordance with the foregoing requirements showing the address or location of the property and the record state of title as of a date not more than 30 days prior to the taking of the decree. Such extension shall also become and remain a part of the files in the case.

(C) Failure to comply with the foregoing rule shall be grounds for dismissal of an action.

(D) The expenses of the title work required under this rule shall include a base search fee not to exceed $160.00, plus a premium on a Judicial Report issued, based on the fair market value of the property, or in the case of a foreclosure, the balance due on the first mortgage or such additional amount as may be allowed by the Court for such property involved, and said costs shall be taxed as part of the costs in said cause. The premium on the Judicial Report is the rate allowed by the Ohio Department of Insurance.

(E) The attorney requesting a sale of real property shall prepare all the necessary papers in connection therewith, including order of sale, legal advertisement and deeds. It will be the responsibility of the attorney to see that all of these matters are correct. The Sheriff or Clerk will no longer prepare any of the papers in connection therewith. Further, unless otherwise provided by law, the attorney requesting a sale of real property shall file with the Court, prior to confirmation of sale, an attorney's opinion of title, abstract, title guarantee, a title insurance certifying said title to the date of the judgment entry ordering said sale. The expense therefore shall be taxed as costs of said case.

In all entries of confirmation following foreclosure actions, counsel shall describe in detail the release of any liens and mortgages, including the volume and page number of any such release.

(F) Counsel shall contact and request from the Internal Revenue Service the appropriate discharge of all federal tax liens on record against the parties involved. The address is:

Internal Revenue Service
P. O. Box 99183
Cleveland, OH 44199
Attention: Chief-Special Procedures Branch
Phone: (216) 522-2100

No proposed judgment entry shall be submitted which purports to discharge a federal lien.

(G) See Appendix I.

Attorney fees for all parties entitled thereto in partition suits may be allowed according to the following schedule:

Valuation $2,500 or less: $125 - $250
Valuation $2,500 to $5,000: $250 - $400
Valuation $5,000 to $10,000: $400 - $500
Valuation in excess of $10,000: Additional 3% to $55,000
Valuation in excess of $55,000: Additional 2%

(A) As soon as practicable after appointment, and not more than 30 days after taking possession of property, a receiver shall file an inventory of all property and assets in his/her possession unless otherwise ordered by the Court.

(B) A receiver shall file reports of receipts and of all monies disbursed by him/her (with receipts for same) and of his/her acts and transactions as receiver within three (3) months after the date of appointment as at regular intervals every three (3) months thereafter until discharged or at such other times as the Court may direct. Failure to file any report within 30 days after the same is due or ordered shall be grounds for removal without notice and without compensation. Any person removed as receiver shall be ineligible for any subsequent appointment.

(C) Applications for allowance of compensation to receivers or attorneys for receivers shall be made only upon prior notice to creditors and other persons in interest as the Court may direct. Such applications shall be heard at the convenience of the Court.

Fee Schedule for Collection of Rents:

Single Residence: 12 1/2% of gross monthly income up to $60.00 and 10% of gross monthly income of $60.00 or more.

Double and Miscellaneous Residence Properties: 10% of gross monthly income if fully occupied or same as single residence if but one unit is occupied.

Apartment Houses, Storerooms and Office Buildings: from 6% to 9% of the gross income.

Ninety-nine Year Leases: 5% of collections where rent is payable quarterly or collections range between $2,500 and $5,000; 3% of collections above $5,000.

A minimum fee of $60.00 shall be allowed in all cases to cover cost of bond and care of property.

(D) Where extraordinary repairs or construction are necessary and upon application and estimate the Court has authorized the same, a receiver may be allowed additional compensation for supervision thereof to the extent of 10% of the amount authorized and expended. For the securing of new tenants, an allowance of 50% of the first month's rent may be made except that where a custodian or janitor is in charge the allowance may be 25%. Notwithstanding the provisions of the paragraph, the Court or a judge thereof may allow additional compensation to a receiver for extraordinary services rendered and not related to repairs or construction upon the filing of a detailed statement of such services. To entitle a receiver to compensation under the foregoing, it shall be incumbent upon him/her to collect the rent and income of the properties in his/her charge, pay insurance premiums, pay water, fuel, gas and light bills and cause ordinary repairs to be made.

A full-time magistrate shall be appointed by the Court as provided in Civil Rule 53, as amended and effective July 1, 1995, and shall serve as an employee of the Court. Part-time magistrates shall be appointed by the Court whenever necessary.

See JOURNAL ENTRY - ORDER OF REFERENCE filed May 18, 2000, Vol. 348, Pp. 420.

(a) issue subpoenas;

(b) rule upon the admissibility of evidence;

(c) put witnesses under oath and examine them;

(d) call the parties and examine them under oath or affirmation;

(e) in cases involving direct or indirect contempt, issue an attachment for the alleged contemnor and set bail to secure the alleged contemnor's appearance, considering the conditions of release set forth in Crim. R. 46.

(a) pretrial proceedings under Civil Rule 16;

(b) discovery proceedings under Civil Rules 26 to 37;

(c) temporary restraining orders under Civil Rule 75(H);

(d) temporary orders under Civil Rule 75(M);

(e) domestic violence protection orders under R.C. 3113.31;

(f) anti-stalking protection orders under R.C. 2903.213;

(g) other orders as necessary to regulate the proceedings.

The request for transcript shall be submitted in writing directly to the Court before or at the time of the filing of the Objections. The Court Reporter shall estimate the cost of the transcript and, upon receipt of said estimated cost, shall prepare and file the appropriate transcripts with the Clerk of Courts. Notice of filing shall be given to the parties and/or counsel.