RULES ADVISORY COMMITTEE:

LOCAL RULES                                                                                                25.00

ADMINISTRATIVE APPEAL ______________________________ 200.00

COMPLAINT (CIVIL OR DOMESTIC)                                                         300.00

CHANGE OF VENUE                                                                                       300.00

CROSS COMPLAINT, COUNTERCLAIM OR THIRD PARTY COMPLAINT 100.00

FORECLOSURES                                                                                                300.00

ISSUING ORDER OF SALE (per parcel)                                                          200.00

MALPRACTICE SUITS                                                                                      300.00

PROCEEDINGS IN AID AND/OR EXECUTION                                             100.00

EXECUTION ON MOTOR VEHICLE OR WATERCRAFT                           100.00

APPLICATION FOR GARNISHMENT                                                            100.00

WRIT OF POSSESSION                                                                                     100.00

REOPENING ANY CASE (POST-DECREE MOTIONS)                                 100.00

MOTIONS REQUIRING A HEARING                                                               50.00

MISCELLANEOUS DOCKETING FEE                                                              18.00

PERSONAL SERVICE REQUESTED                                                                   50.00

GUARDIAN AD LITEM (plus 2% processing fee)                                          800.00

JURY VIEW (See Local Rule 49.05)                                                                      100.00

ARBITRATION DEPOSIT (apportioned) __________________                 450.00

NOTICE OF APPEAL TO 6TH DISTRICT COURT OF APPEALS                  175.00

ISSUE A CERTIFICATE OF JUDGMENT                                                            5.00

RECORDING CERTIFICATE OF JUDGMENT                                                    20.00

RELEASE/DISMISSING CERTIFICATE OF JUDGMENT                                  5.00

RELEASE OF TAX JUDGMENT                                                                             30.00

CERTIFICATION OF ANY FILED DOCUMENT                                                  1.00

COPY OF ANY FILING (per page - one sided)                                                       0.15

RETURNED CHECKS                                                                                                  15.00

COURT REPORTER TRANSCRIPT (Deposit Required-See Local Rule 27)

NOTARY PUBLIC FILING OF COMMISSION                                                        5.00

FILING FOREIGN JUDGMENT                                                                                  35.00

VICTIMS OF CRIME REPARATIONS                                                                      7.50

SEALING OF THE RECORD (O.R.C. 2952.32)                                                         50.00

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.