Rule II of the Supreme Court Rules for the Government of the Bar of Ohio, “Limited Practice of Law by Legal Interns”, shall be strictly applied by this court. The following additional procedures shall also be applied:
No action or proceeding shall be accepted for filing by the Clerk of Court unless there shall first be deposited the sum of not less than the amount specified in Schedule C of these local rules as security for costs, unless otherwise ordered by the court or otherwise exempted by law.
Those persons unable to post the required security for costs may be excused from same upon filing a completed Affidavit of Indigency Form.
All defendants who file counterclaims, cross-claims or third party complaints exceeding the monetary jurisdiction of the court shall also file a motion to certify the case to the court of common pleas. However, per Ohio Revised Code Section 1901.22(E), the court may retain jurisdiction of a counterclaim in excess of the monetary jurisdiction.
If the motion to certify is granted, the movant shall pay any related court costs within fourteen (14) calendar days from journalization of the order granting the motion. If the movant fails to timely pay, the defendant’s claim shall be dismissed without prejudice at defendant’s costs.
Pursuant to Ohio Revised Code Section 2329.02, the Clerk of Court shall accept for filing a certificate of judgment issued by the clerk of the court in which the judgment was rendered which shall be docketed and numbered as if originally filed in this court and the Clerk of Court shall notify the original court by mail that such transfer has been made.
The complaint must state that the note did not arise from a consumer transaction. If the plaintiff is an attorney, the complaint must state that the note did not arise out of an attorney/client relationship to secure fees. Upon judgment, interest shall be awarded in the least amount requested by the plaintiff.
Extension of time to move or plead before the expiration of time within which to file an answer shall be granted by request to the court for a period not to exceed twenty-eight (28) days. The Clerk of Court shall enter the leave on the docket, on the file, and send notice to the opposing party/parties.
After the expiration of the twenty-eight (28) day answer period or other response time, a written motion for leave or stipulation shall be filed with the court before said leave may be granted.
Cases set for trial shall be published at least five (5) days in advance of the day fixed for trial in the Daily Legal News.
All actions for the marshalling and foreclosure of liens on real property shall be filed in and subject to the requirements of the Housing Division of the Court.
When property attached or levied upon by the bailiff is claimed by a person or persons other than the party against whom the attachment or execution issued, the claimant shall file a third party claim at least three (3) business days prior to the scheduled sale with a supporting affidavit, in the same action, using the original caption and number with the exception that the pleading shall be designated “Third Party Claim”. The claimant shall give notice to the plaintiff or judgment creditor, or his agent or attorney, of the time fixed for the trial of the right of such property, and proof of service of such notice shall be made as required for proof of notice of the motion. If a third party claim is not timely filed, a bond, in an amount at least equal to the value of the property claimed and costs of re-advertising the sale may be required to stay the sale.
An exemption hearing shall be automatically scheduled for all personal property including business property levied upon by this court. Corporate debtors are not entitled to exemptions. If a debtor fails to appear at the exemption hearing, the exemptions shall be denied and the property may be sold. Plaintiff or plaintiff’s counsel is not required to attend the exemption hearing.
No satisfaction of a judgment in whole or in part shall be entered in the civil dockets, except by the Clerk of Court or a deputy clerk. All such satisfactions must be attested by the Clerk of Court or a deputy clerk.
It shall be the duty of the plaintiff or plaintiff’s counsel to immediately have an entry of satisfaction made upon the docket within thirty (30) days after payment or written demand. If the judgment, interest, and costs are paid to the Clerk of Court, the court may docket the judgment as satisfied. Failure to so satisfy may result in the assessment of costs against the offending party or counsel.
The Clerk of Court shall prepare and maintain the following dockets and records, all of which shall be the public records of the court:
The Clerk of Court shall also enter on the “docket” all reports, verdicts, orders, judgments and proceedings of the court, so as to specify clearly the relief granted or orders made in each action.
The final orders of the court, judgments or decrees shall be approved by the court in writing and filed with the Clerk of Court for journalization in the “docket”.
No assignment of a judgment shall be recognized by the Clerk of Court unless such assignment is pursuant to a written agreement and bears the acknowledgment of the assignor.
All records and transcripts of records of the court shall be authenticated over the signature of the administrative judge or the Clerk of Court, with the seal of the court attached.
When a judgment for costs appears against a party unsatisfied, the Clerk of Court may refuse to accept for filing any new case or proceeding instituted by such party unless otherwise ordered by the court.
The Clerk of Court shall furnish in writing such statistical data as the administrative judge may require.
During court sessions, between 9:30 a.m. and 11:30 a.m. on Mondays and Fridays, marriage ceremonies may be performed by the judge assigned to Session One, by appointment, upon presentation to the judge of a valid marriage license together with evidence of payment to the Clerk of Court of the amount listed in Schedule C of these local rules. The Clerk of Court shall provide a certificate of marriage to be signed by the judge following the performance of the marriage ceremony and furnished to the licensees. The certificate attached to the marriage license shall be signed by the judge and transmitted by the Clerk of Court to the Cuyahoga County Probate Court within thirty (30) days. The Clerk of Court shall keep a record of marriages performed by each judge and of the fees received.
In order to simplify and facilitate the production and reproduction of hospital records and x-rays in any pending case, the following procedure is herewith adopted and made available in the courtrooms, and may be employed once service in the case is completed:
A pretrial conference may be conducted in all civil cases prior to being scheduled for trial, except in actions for injunctions, foreclosures, marshalling of liens, receiverships and the like. In addition, the judge assigned the case may, for good cause shown at a hearing prior to trial, waive pretrial requirements stated herein and make such orders he or she deems just, relative to discovery or pretrial proceedings. For the purpose of insuring the readiness of cases for pretrial and trial, the following procedure shall be in effect:
Pursuant to Rule 5(B)(1) of the Rules of Superintendence for the Courts of Ohio, a case management procedure manual shall be kept on file in the Administrative Services Department, Central Scheduling Department, Clerk of Court’s office, and Magistrate’s Department. This procedure manual shall be utilized in conjunction with these local rules and shall be periodically amended to conform to the local rules.