Local Rule 3
CIVIL ACTIONS, PLEADINGS, MOTIONS, HEARINGS
All pleadings and motions shall be legibly typewritten or printed on paper of letter size (approximately 8 ½" x 11") paper. All pleadings and motions shall be securely bound at the top. The caption in every complaint shall state the name and address, if known, of each party. Subsequent pleadings, motions, briefs or other litigation documents shall set forth the case number, the name of the Judge to which the case has been assigned, the name of the first party plaintiff and the first party defendant. Each complaint shall also state in the caption the general nature of the action, e.g. action on divorce, dissolution of marriage, foreclosure, personal injury, contract, injunction, habeas corpus, declaratory judgment, et al. The Clerk is authorized to refuse to accept for filing any document which does not comply with the above.
It shall be the responsibility of the filing party, not the Court or Clerk, to serve all documents filed subsequent to the original complaint on all parties or their attorneys in accordance with Civil Rule 5. This also applies to the service of proposed entries and orders submitted to the court for signature, which shall be also be served by the filing party or their attorney in accordance with Civil Rule 5.
3.02 TIME AND RULE DAY EXTENSIONS
Civil Rules 6(A), 6(B) and 12 prescribing rule day and time for pleadings will be strictly enforced. Extensions of time will be granted only by written order of the court and pursuant to the provisions of said rules. Agreed entries varying these times are not acceptable unless previously authorized by the court.
3.03 HEARINGS AND SUBMISSION OF MOTIONS
All motions shall be accompanied by a brief or memorandum stating the grounds thereof and citing the authorities relied upon. The opposing counsel or parties may file answer briefs or memoranda by the fourteenth day after the day on which the motion was filed. The moving party may file a reply brief by the twenty-first day following the day on which the original motion was filed. On the twenty-first calendar day after the original motion was filed, the motion shall be deemed submitted to the Judge to whom the case is assigned. Unless ordered by the court, oral arguments will not be allowed except upon leave of the Trial Judge upon written request by a party prior to submission and the time of hearing and length of such argument shall be fixed by said Judge. This rule shall apply to all motions except as otherwise provided herein. The Clerk is ordered not to accept for filing motions not in conformance with this rule. This rule does not apply to default judgment motions, divorce, legal separation or annulment cases.
3.04 SUMMARY JUDGMENT
Unless otherwise ordered by the court, motions for summary judgment shall be heard on briefs and other materials authorized by Civil Rule 56 (C) without oral arguments twenty days after filing of the motion with the Clerk. If an adverse party also files motions for summary judgment, the hearing date shall be extended to twenty days from the date of filing with the Clerk. All pleadings must be served upon opposing parties as required by Civil Rule 5.
In the absence of a pretrial order setting deadlines for the filing of motions for summary judgment, no motion for summary judgment shall be filed in any case after it has been set for pretrial or trial without leave of the Trial Judge first obtained, who may establish the times for filing of briefs and submissions of the motion.
3.05 ASSIGNED JUDGE
All pleadings or documents filed after the original pleadings shall contain in the caption, immediately below the case number, the name of the Assigned Judge. All assignments shall be made pursuant to Superintendence Rule 36.
Every pleading or other paper filed with the Clerk shall be accompanied by one (1) true copy thereof for the use of the court. The Clerk shall not file any pleadings or other papers not in compliance with this rule.
3.07 FILING OF DISCOVERY MATERIALS
The Clerk shall not accept for filing those materials proscribed by Civil Rule 5(D) unless ordered by the court by entry, or the party seeking to file same furnishes a statement that the materials shall be used as evidence at the trial on the merits; or the materials are in support of consideration of a motion in the proceedings. In no event shall interrogatories, requests for admission or production of documents, or other discovery documents described in Civil Rule 5(D) be attached to or filed simultaneously with the complaint.
3.08 MEDIATION - NON-DOMESTIC RELATIONS ACTIONS
All definitions found in the “Uniform Mediation Act” (UMA) R.C. 2710.01 are adopted by this Court through this local rule including, but not limited to the following:
“Mediation” means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.
“Mediator” means an individual who conducts a mediation.
“Mediation Communication” means a statement, whether oral, in a record, verbal or non verbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.
“Proceeding” means either of the following:
(1) Judicial, administrative, arbitral or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery;
(2) A legislative hearing or similar process.
To promote greater efficiency and public satisfaction through the facilitation of the earliest possible resolution for Miami County Court of Common Pleas, General Division cases the court has adopted this local mediation rule.
At any time any action under the jurisdiction of this Court may be referred to mediation by party(s).
(D) CASE SELECTION
(1) Referral Process
The Court, on its own motion, or the motion of any of the parties may refer disputed issues to mediation in whole or in part by “Notice of Scheduled Mediation” which shall, at a minimum indicate the date, time, place and contact information of the mediation. All parties and counsel shall advise the Assigned Judge or Magistrate of any domestic violence allegations known to them to exist or to have existed in the past, or which become known to them following entry of the order but before conclusion of all mediation proceedings, which allegations involve any two or more persons whose attendance is required by the referral order.
(2) Eligibility of Cases
The Judge or Magistrate will determine the eligibility and appropriateness of each referral prior to the commencement of the mediation process and may decline any referral(s) deemed inappropriate.
(3) Mediator Selection and Assignment
The following methods may be used to determine the mediator for the case:
(a) The court mediator may facilitate the mediation.
(b) The Court randomly assigns a mediator to the case from the court’s roster of approved mediators.
(c) Specific appointments may be made by the Court taking into consideration the qualifications, skills, expertise, and caseload of the mediator in addition to the type, complexity and requirements of the case.
(d) Parties may select a mediator from the court roster.
In accordance with all applicable provisions of this rule, if a case is deemed appropriate by the Judge or Magistrate, mediation will be scheduled. A mediator may meet with the parties individually prior to bringing the parties together for any reason including, but not limited to, further screening. A mediator may schedule multiple mediation sessions, if necessary and mutually acceptable, for the resolution of the issues in part or in their entirely. The case will proceed as follows:
(1) The Court shall utilize procedures for all cases that will:
(a) Ensure that parties are allowed to participate in mediation, and if the parties wish, that their attorneys and other individuals they designate are allowed to accompany them and participate in mediation.
(b) Screen for domestic violence both before and during mediation.
(c) Encourage appropriate referrals to legal counsel and other support services for all parties, including victims of and suspected victims of domestic violence.
(d) Prohibit the use of mediation in any of the following:
(i) As an alternative to the prosecution or adjudication of domestic violence;
(ii) In determining whether to grant, modify or terminate a protection order;
(iii) In determining the terms and conditions of a protection order; and
(iv) In determining the penalty for violation of a protection order.
(2) Party/Non-Party Participation
(a) Parties to informal cases may voluntarily attend mediation sessions.
(b) Parties who are ordered into mediation in formal cases shall attend scheduled mediation sessions. The Court may order parties to return to mediation at any time in formal cases.
(c) A judge, magistrate and/or mediator may require the attendance of the parties’ attorneys at the mediation sessions if the mediator deems it necessary and appropriate.
(d) If counsel of any party to the mediation becomes aware of the identity of a person or entity whose consent is required to resolve the dispute, but has not yet been joined as a party in the pleadings, they shall promptly inform the mediator as well as the Assigned Judge or Magistrate.
(e) If the opposing parties to any case are 1) related by blood, adoption, or marriage; 2) have resided in a common residence; or 3) have known or alleged domestic violence at any time prior to or during the mediation, then the parties and their counsel have a duty to disclose such information to the mediator and have a duty to participate in any screening required by the court.
(f) By participating in mediation, a nonparty participant, as defined by R.C. 2710.01(D), agrees to be bound by this rule and submits to the Court’s jurisdiction to the extent necessary for enforcement of this rule. Any nonparty participant shall have the rights and duties under this rule attributed to parties except as provided by R.C. 2710.03(B)(3) and 2710.04(A)(2).
All mediation communications related to or made during the mediation process are subject to and governed by the “Uniform Mediation Act” (UMA) R.C. 2710.01 to 2710.10, R.C., the Rules of Evidence and any other pertinent judicial rule(s).
(4) Mediator Conflicts of Interest
In accordance with R.C. 2710.08(A) and (B), the mediator assigned by the court to conduct a mediation shall disclose to the mediation parties, counsel, if applicable, and any nonparty participants any known possible conflicts that may affect the mediator’s impartiality as soon as such conflict(s) become known to the Mediator. If counsel or a mediation party requests that the assigned mediator withdraw because of the facts so disclosed, the assigned mediator should withdraw and request that the Assigned Judge or Magistrate appoint another mediator from the list of qualified mediators that is maintained by the court. The parties shall be free to retain the mediator by an informed, written waiver of the conflict of interest(s).
If the assigned mediator determines that further mediation efforts would be of no benefit to the parties, he or she shall inform all interested parties and the Court that the mediation is terminated using the procedure required by this court.
(6) Stay of Proceedings
All remaining court orders shall continue in effect. No order is stayed or suspended during the mediation process except by written court order. Mediation shall not stay discovery, which may continue through the mediation process in accordance with applicable rules, unless agreed upon by the parties and approved by the Judge or Magistrate assigned to the case.
(7) Mediation Case Summary
Attorneys may, at their option, or must if required on a specific case by the Judge and/or Magistrate, submit a “Mediation Case Summary” to the mediator which shall contain the following:
Insert applicable provisions, such as:
(a) Summary or material facts.
(b) Summary of legal issues.
(c) Status of discovery.
(d) List special damages and summarize injuries or damages.
(e) Settlement attempts to date, including demands and offers.
(8) Mediation Memorandum of Understanding
The assigned mediator, parties or counsel, if applicable, as agreed by the parties, may immediately prepare a written memorandum memorializing the agreement reached by the parties. The “Mediation memorandum” may be signed by the parties and counsel (if the “Mediation Memorandum” is signed it will not be privileged pursuant to R.C. 2710.05(A)(1)). The written “Mediation Memorandum of Understanding” may become an order of the court after review and approval by the parties and their attorney, if applicable.
(9) Mediator Report
At the conclusion of the mediation and in compliance with R.C. 2710.06, the court shall be informed of the status of the mediation including all of the following:
(a) Whether the mediation occurred or was terminated;
(b) Whether a settlement was reached on some, all or none of the issues;
(c) Attendance of the parties; and
(d) Future mediation session(s), including date and time.
(F) FEES AND COSTS
All costs shall be determined by the Court, if applicable. The parties may agree between themselves to apportion the costs of the mediation. Unless otherwise agreed by the parties, the mediation costs shall be shared equally. In the event that the parties cannot agree, the court shall determine the apportionment of the mediation costs to the parties. The Court may waive costs for the parties who are unable to pay. Mediation shall not be ordered where a party is indigent unless the mediation is available at no cost to the party.
If any individual ordered by the Court to attend mediation fails to attend mediation without good cause, the court may impose sanctions which may include, but are not limited to, the award of attorney’s fees and other costs, contempt or other appropriate sanctions at the discretion of the Assigned Judge or Magistrate.
3.09 PUBLIC RECORDS
(A) Pursuant to Rule 45(D), (E) and (F) of the Rules of Superintendence for the Courts of Ohio, the following information is defined as personal and private and shall be omitted from all file documents (except in IV-D Applications (Loc.R. 8.03), page 8 of Form DR-16, and a capias containing identifying information issued for the arrest of an individual) submitted to the Court or filed with the Clerk of Courts.
(1) Social security numbers, except for the last four digits;
(2) Financial account numbers including debit and credit card numbers and other personal identification numbers such as drivers license numbers, except for the last four digits;
(3) Any other information protected by law from public disclosure.
(B) It is the responsibility of the filing party and counsel to remove personal and private information from a document filed with the Clerk of Courts office, or submitted to the Court. The responsibility of the filing party and counsel to remove personal and private information extends to and includes exhibits or addenda attached to filings, including but not limited to preliminary and final judicial reports which itemize government liens using social security numbers or medical records.
(C) The Clerk of Courts and Deputy Clerks shall have no responsibility for the removal of any personal and private information filed in a public document in the Miami County Common Pleas Court, General and Domestic Relations Divisions, nor is the Court or Clerk required to review the case or document to confirm that a party has omitted personal and private identifiers.
(D) Restricting public access to a case document filed with the Clerk, or submitted to the Court, and subsequent efforts to gain access to such document or information in the document shall proceed as set forth in Superintendence Rule 45(E) and (F).
3.10 FILING AND REMOVAL OF DOCUMENT FROM THE CLERK’S OFFICE
(A) No person, except a judge of the court, magistrate, or employee of the general or domestic relations division shall remove any document or case files from the custody of the Clerk.
(B) Upon request, the Clerk of Courts shall allow any person to examine, but not remove, any original document or case file that is maintained by the Clerk’s office. Examination shall be allowed during regular business hours.
(C) Sealed depositions, transcripts or any documents or envelopes or files sealed by order of the Court or local rule may only be opened with written authority of the Court and may only be examined in the clerk’s office.
(D) Copies of documents may be obtained upon payment of a fee as charged by the Clerk of Courts. Such copies will be available within a reasonable period of time taking into consideration the volume of the request, availability of clerk staff, equipment problems and any other factors which may arise.
(E) Pursuant to Superintendence Rule 45(B)(3), the Clerk may limit requesters to copy one file per month unless the requester certifies in writing that the requester does not intend to use, forward the records or information contained therein, for commercial purposes.