The
Judges of the Franklin County Court of Common Pleas, Division of Domestic
Relations and Juvenile Branch, will consider amending Local Domestic Court
Rules 3 and 4 at their meeting on January 25, 2010. Existing Domestic Court Rules 3 and 4 will be repealed and
replaced by the rules set forth below.
Comments may be submitted by January 21, 2010,
to Don Martin, Deputy Court Director, 373 South High Street, Third Floor,
Columbus, Ohio 43215, or by e-mail at Don_Martin@Fccourts.org.
RULE
3 CASE MANAGEMENT
(A) Statement of Purpose
Pursuant
to Rule 5(B)(1) of the Rules of Superintendence for the Courts of Ohio, this
rule is promulgated to establish a domestic relations case management system
which will provide for the prompt, fair, and timely disposal of all cases and
motions before the court.
When
litigation is filed in this Court, it is important that the Court supervise the
progress of all cases from filing to termination in a process that is fundamentally
fair, but not too deliberate or too hasty. Within the bounds of applicable constitutional provisions,
statutes, case law, and rules governing the courts of Ohio, the Court shall
manage the sequence of events in litigation to insure the timely disposition of
all matters by trial, submission for decision on legal arguments, negotiated
settlement, arbitration, mediation, or other means of appropriate dispute
resolution.
It
is therefore incumbent upon the judges/magistrates to articulate orders in each
case for the uniform enforcement of procedural requirements, other rules, and
time deadlines applicable in any particular case or type of case. Counsel in each case has a
corresponding duty to know these rules and meet these deadlines and to inform
the Court of extraordinary circumstances, which would cause the standard
deadlines to work a substantive injustice to their clients. In order to comply
with the Case Schedule it will be necessary for attorneys and parties to pursue
their cases vigorously from the day the cases are filed.
(B) Case flow Management
The
deadlines set by the Ohio Rules of Superintendence for the Courts of Common
Pleas Domestic Division shall be construed as maximums and shall not preclude
the more rapid resolution of cases under these rules. Cases should be resolved
within the absolute time limits as set by the Ohio Rules of Superintendence for
the Court of Common Pleas Domestic Divisions.
(C) Case Schedules
When
an Answer is filed in a Divorce proceeding, the Clerk of Courts shall prepare
and file a paper entitled "Case Schedule." The Clerk shall serve a
copy of the Case Schedule on all named parties.
(D) Service on Additional Parties upon Joinder or
appointment of Guardian ad Litem
A
party who joins an additional party(s)or requests and is granted the
appointment of a Guardian ad litem shall be responsible for serving the
additional party(s) with the current Case Schedule.
(E) Case Management hearing/Amended Case Schedule
1.
The Trial Judge, either on motion of a
party or sua sponte, may modify any date in the Case Schedule for good cause
and on terms as are just, except that the trial date may not be changed to a
date beyond the deadlines set by the Ohio Rules of Superintendence for Court of
Common Pleas, Domestic Division. A
modification may extend or reduce the time for any event or the entire track.
If the Case Schedule is modified upon the motion of a party, that party shall
prepare an amended case schedule and present it to the Trial Judge for
signature. The amended case
schedule shall be promptly filed and served on all other parties. If the Case Schedule is modified on the
Trial JudgeÕs own motion, the Court shall prepare, file and promptly serve the
ÒAmended Case ScheduleÓ to all parties.
2.
When a case is stayed, the original case schedule shall be stayed. When the
stay is lifted, trial counsel shall schedule a case management hearing and
submit a proposed amended case schedule extending the deadlines by the length
of the stay and the final trial date shall be determined by the Court.
3.
Time Limits
CLERKÕS ORIGINAL CASE SCHEDULE
(Divorce without children)
INITIAL JOINT DISCLOSURE OF
LAY WITNESSES 45
Days
INITIAL PRE-TRIAL
CONFERENCE 60
Days
INITIAL JOINT DISCLOSURE OF
EXPERT WITNESS 75
Days
CASE MANAGEMENT/MOTION
HEARING 80
Days
FINAL JOINT DISCLOSURE OF ALL WITNESSES 110
Days
REBUTAL DISCOVERY CUT OFF 120 Days
SECOND PRETRIAL AND DISPOSITIVE MOTION CUT OFF 130
Days
DISPOSITIVE MOTION HEARING
DATE 150
Days
DECISIONS ON MOTIONS 170
Days
Initial
Exchange of Trial Exhibits 175
Days
Supplemental
Trial Exhibits Exchanged 200
Days
FINAL SETTLEMENT/STATUS
CONFERENCE 210
Days
TRIAL ASSIGNMENT 230 Days
CLERKÕS ORIGINAL CASE SCHEDULE
(Divorce with children)
INITIAL PRE-TRIAL
CONFERENCE 60
Days
INITIAL JOINT DISCLOSURE OF
LAY WITNESSES 60
Days
INITIAL JOINT DISCLOSURE OF
EXPERT WITNESS 90
Days
CASE MANAGEMENT/MOTION HEARING 100
Days
FINAL JOINT DISCLOSURE OF
WITNESSES 120
Days
FINAL DISCLOSURE OF ALL
WITNESSES 150
Days
REBUTAL DISCOVERY CUT OFF 195
Days
SECOND PRE-TRIAL AND DISPOSITIVE MOTION CUT-OFF 200
Days
DISPOSITIVE MOTION HEARING 214
Days
(and confirmation of final
trial date)
DECISIONS ON MOTIONS 228
Days
Initial
Exchange of Trial Exhibits 240
Days
Supplemental
Trial Exhibits Exchanged 250
Days
FINAL SETTLEMENT/STATUS
CONFERENCE 260
Days
TRIAL ASSIGNMENT 290 Days
The parties must strictly
adhere to the requirements of this Case Management Schedule unless modified by
the Court or written agreement of the parties. No continuance of any scheduled
Case Management proceeding/hearing will be granted without prior approval by
the Court.
The parties may mutually
schedule an uncontested hearing date at any time prior to the final hearing
date. Additional pre-trial(s)/status
conference(s) may be scheduled by either or both parties as needed. Any party
filing a motion requesting or requiring a hearing date other than those set
forth above is required to contact all parties or their counsel and obtain an
agreed date for said hearing.
Otherwise, the Motion will be set for hearing on the next date set forth
in this Scheduling Order.
The attached Order
schedules dates on which you are to provide certain information to the other
party involved in this court action.
If
you do not do what the order requires, you can be held in contempt of
court. Failure to comply with this
Order may result in:
1.
The Court may rule against you about the issues raised in the pending
matter. Among other things the
court can order any or all of the following:
a) Designate that certain facts be established in
accord with the opposing sideÕs claim.
b) Refuse to allow you to support or oppose claims
or defenses, and prohibit you from introducing matters into evidence;
c)
Strike your pleadings, stay proceedings, dismiss the action, or render a
default judgment against you;
d) Order you to pay reasonable expenses, including
attorney fees, for the opposing side.
2.
The Court may actually begin proceedings against you for contempt in violating
this order.
The
potential sentence(s) that may be imposed on you if it is found that you in
contempt of Court are:
a)
First offense: $250.00 fine and/or thirty (30) days in jail
b)
Second offense: $500.00 fine and/or sixty (60) days in jail.
c)
Third offense: $1,000 fine and/or ninety (90) days in jail.
If
you are found in contempt for failure to perform an act required by law, and
which the court finds you can yet perform, you may be imprisoned until you
perform the act. (ORC ¤2705.06)
For
any party pursuing attorney fees, Counsel are expected to provide all relevant
evidence and evidence demonstrating the date upon which settlement proposals
were submitted to opposing counsel.
(F) Dispositive Motions
All
motions, including but not limited to summary judgment, judgment on the
pleadings, and to dismiss, which seek to determine the merits of any claim or
defense as to any or all parties shall be considered a dispositive motion. A
voluntary dismissal under Civ. R. 41 is not a dispositive motion. All
dispositive motions shall be filed no later than the date specified in the Case
Schedule. Pursuant to Civ. R. 56(A), leave is hereby granted in all domestic
cases to file summary judgment motions between the time of filing and the
dispositive motion date, unless the Trial Judge decides otherwise by setting a
different date. Counsel shall file their summary judgment motions at the
earliest practical date in the course of litigation
(G) Sanctions
For
purposes of these local rules, the Trial Judge shall have the power,
coextensive with the inherent powers of the Court and the enumerated powers in
the Revised Code and the Civil Rules, to impose sanctions on attorneys,
parties, or both. Sanctions can be monetary, non-monetary, or a combination of
monetary and non-monetary. No sanction shall be imposed without the offending
party and/or attorney being given an opportunity to be heard, unless the
conduct giving rise to the sanction amounts to a direct contempt.
i.
"Monetary Sanction" means a monetary cost imposed upon a party and/or
an attorney by the Trial Judge for violation of the local rules and/or a case
schedule and/or the Civil Rules. "Monetary sanction" includes, but is
not limited to, a specific dollar amount payable to another party or parties or
to the Court, actual costs of discovery, extra attorney's fees incurred, court
costs, or other liquidated sum.
ii.
"Non-monetary sanction" means a legal ruling contrary to the interest
of a party and/or an attorney imposed by the Trial Judge for violation of the
local rule and/or a case schedule and/or the Civil Rules. "Non-monetary
sanction" includes, but is not limited to, dismissal with or without
prejudice of the case or any claim or counterclaim, or any part of the case or
claim, default judgment, exclusion of evidence, issues, or testimony, an order
that certain issues or facts be taken as established for the balance of the
case, an order striking pleadings or parts of pleadings, and a stay pending
compliance with a court order.
(H)
Enforcement and Monitoring
The
Trial Judge, upon motion of a party or sua sponte, may impose sanctions for
failure to comply with the local rules and/or a case schedule and/or the Civil
Rules. If the Trial Judge finds that a party or attorney has failed to comply
with the local rules and/or a case schedule and/or the Civil Rules without
reasonable excuse or legal justification, the Trial Judge may impose sanctions
proportional to the extent or frequency of the violation(s). The Trial Judge
and bailiff will monitor cases on an ongoing basis to determine compliance with
the case schedule and these local rules.
(Amended, eff 7/1/85, eff 8/2/90, eff 7/1/93, 7/1/99; 8/1/04;
1/25/10)
(A) MAGISTRATE
STATUS CONFERENCE
Upon
request of either party or the magistrate, the assigned magistrate may conduct a status
conference in actions for divorce, legal separation, and annulment. The status conference shall be scheduled as directed
by the magistrate, and the requesting party shall give notice of the status
conference to the opposing party.
At the status conference the parties shall attempt to reach an amicable
settlement of all issues in controversy, and in the event settlement is not
possible, to expedite proceedings in the action. At the status conference
attorneys and parties shall be prepared to:
1.
Narrow the legal issues in controversy;
2. Select
court appointed experts and/or Guardian ad Litem;
3. Advise the Court of the time needed to submit
affidavits in support of temporary orders;
4. Determine whether a referral to Family Assessment or
Mediation Services is necessary for
mediation or a home investigation.
After
the status conference the magistrate may issue a status conference order or other scheduling order.
(B) PRE-TRIAL CONFERENCES
(1) Initial pre-trial
conference
An
initial pre-trial conference shall be conducted at the date and time appearing
in the Case Schedule or the Trial Judge orders otherwise. It shall be the duty of all counsel and
parties to attend the initial pretrial conference fully prepared and authorized
to enter into binding pre-trial orders and to begin negotiation toward
settlement of the case. Failure to
be prepared may result in dismissal of the case for want of prosecution,
default judgment, or other sanctions as the Trial Judge deems appropriate. At the initial pretrial conference the
discussion should include, but not be limited to:
i. Joinder of parties;
ii. Third party practice;
iii. Amendment of the
pleadings;
iv. Issues concerning
jurisdiction and venue;
v. Service of process;
vi. Default judgment; Motions
under Civil Rules 12, 56, and 75(B);
vii. The need for a Guardian
ad Litem;
viii. The need for alteration
of the schedule of events on the track;
ix. Use of arbitration,
mediation, or other means of dispute resolution; and
x. Settlement.
The Trial Judge at the request
of any party shall, prepare or cause to be prepared, a written order reciting
the action taken at the initial pre-trial conference, which shall be field and
served on all counsel. Changes in the Case Schedule shall be accomplished
pursuant to Local Rule 3(E).
(2)
Second Pre-Trial Conference
No later than seven days prior to the second pre-trial conference, each party shall file and serve
upon opposing counsel or pro se party, a completed pretrial statement affidavit
as promulgated by the Court.
Failure to file and serve a
completed statement/affidavit may result in sanctions which shall be within the
discretion of the Judge.
At
the second pre-trial
conference, the Judge may issue pre-trial orders. If either counsel or pro se party believes pre-trial orders
are necessary they shall prepare and submit a pre-trial order to the judge at
the time of the pre-trial conference.
(C) ATTENDANCE AT STATUS OR PRE-TRIAL CONFERENCES
All
counsel of record, including the
Guardian ad Litem, and all parties except minor children, if within the
jurisdiction of the Court, shall be present at any status or pre-trial conference,
unless excused in advance by the Judge or Magistrate presiding over said
conference. If a party is not
within the jurisdiction of the court or has been excused by the court, that
party shall provide his/her attorney with the telephone number at which (s)he
may be reached during the conference.
Counsel attending a conference must have complete authority to discuss
and settle, if possible, all issues involved in the case, and to enter into
stipulations regarding unresolved issues.
Failure
of an attorney to be prepared for a status or pre-trial conference, and failure
of a party or attorney to appear, or to cooperate in good faith in the conduct
of the conference, may result in dismissal of the pleadings of the defaulting
party and may subject said attorney or party to any sanctions provided in Ohio
Rule of Civil Procedure 37(D), including an award of expenses and/or attorney
fees to any party prejudiced by such conduct.
Any
agreement reached shall be immediately reduced to writing, signed by both
parties and their counsel and shall be filed with the Court and shall be
binding on all parties in any subsequent hearing.
(D)
Disclosure of Witnesses
i.
Initial Joint Disclosure of Lay/Expert Witnesses
Each
party shall not later than the date for disclosure designated in the Case
Schedule, serve on all parties and file with the Court a written disclosure of
all persons with relevant factual or expert knowledge whom the party reserves
the option to call as witnesses at trial.
ii.
Supplemental Joint Disclosure of All witnesses.
Each
party shall, no later than the date for disclosure in the Case Schedule, serve
on all parties and file with the court a written disclosure of all persons
whose factual or expert knowledge did not appear relevant until the witnesses
were initially disclosed whom the party reserves the option to call as
witnesses at trial.
iii.
Scope of Disclosure.
Disclosure
of witnesses under this rule shall include the following information:
a)
All Witnesses. Name, addresses, and business phone number (or home phone number
if no business number is available).
b)
Lay Witnesses. A brief description of witnessesÕ relevant knowledge.
c)
Experts. A brief description of the expertÕs qualifications and summary of the
expertÕs opinions and the basis or theory of that opinion.
(E)
Exclusion of Testimony
Any
witnesses not disclosed in compliance with this rule may not be called to
testify at trial, unless the Trail Judge orders otherwise for good cause and
subject to such conditions as justice requires.
(F) DISCOVERY
CUTOFF
The
discovery cutoff date specified in the Case Schedule shall be the last date for
any party to seek the involvement of the Trial Judge in the discovery process
by way of motion seeking a ruling, an order, sanctions, or other Court action,
absent extraordinary circumstances. Voluntary, mutually agreed-upon discovery,
including perpetuation of trial testimony by video tape or otherwise, may
continue after the discovery cutoff in a manner that does not delay any other
event on the case schedule.
(G) ASSIGNMENT AND SCHEDULING OF TRIALS AND MOTIONS
It is the intent of the Court that cases are to be
resolved within the time guidelines set forth by the Supreme Court of Ohio.
To comply with 3125.58 of the
Ohio Revised Code all actions for support for a child or spouse shall be
docketed and heard so that the time limits set forth in 3125.58 of the Ohio
Revised Code can be met and priority shall be given to such cases for this
purpose.
(2) Uncontested Hearings: All uncontested actions for divorce,
legal separation or annulment shall be assigned for trial by the Assignment
Commissioner upon the request of the party or attorney for the party, but
pursuant to Ohio Rule of Civil Procedure 75(K) may not be heard and decided
until the expiration of 42 days after service.
In all proceedings which are
uncontested due to the DefendantÕs failure to file an answer, Plaintiff shall
submit a proposed judgment entry together with findings of fact if statutorily
required to the Court at the time of trial.
(3) Dissolutions:
Pursuant to O.R.C.3105.64, petitions for dissolution of marriage shall
be scheduled for hearing not less than thirty days nor more than ninety days
after the filing of the petition for dissolution of marriage.
(4) Motions: Motions for temporary orders shall proceed in accordance
with Local Rule 13(A) and (B). All
other motions shall proceed in accordance with Local Rule 13(C) and (D).
(5) Mediation:
Mediation shall proceed as provided in Local Rule 22.
(H) CONTINUANCES OR ADVANCEMENT
All motions for continuance or advancement must be on a
form promulgated by the court and must:
1. State the reason for the request, and if the request
is being made due to a conflict with another case, contain the name, case
number, type of case (civil or criminal), name of the Judge and county where
the case is scheduled, and the date and time the case is assigned for
trial. A copy of the scheduling
notice should be attached to the request;
2. Contain the filing date of the case or pending
motion;
3. State the number of times the case or motion has
been continued;
4.
Reflect the approval of opposing counsel or pro se party unless otherwise
excused by the judge or magistrate.
If the opposing counsel or
pro se party does not consent to the continuance a conference shall be
scheduled with the assigned judge or magistrate to resolve the continuance
motion. No case may be
continued by agreement of counsel or the parties without permission of the
assigned judge or magistrate.
(I)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
A
party requesting findings of fact and conclusions of law pursuant to Ohio Civil
Rule 52, Ohio Civil Rule 53(E)(2) or Ohio Juvenile Rule 40(E)(2) shall serve a
copy of the request on the opposing party and deliver a copy of the request to
the judge or magistrate to whom the request is directed. If findings of fact
and conclusions of law are requested by a party, the judge or magistrate to
whom the request is directed may order the parties to submit proposed findings
of fact and conclusions of law within a reasonable time after the conclusion of
the proceedings. Upon being so
ordered, if a party who requested findings of fact and conclusions of law fails
to submit proposed findings of fact and conclusions of law as ordered, the
judge or magistrate may deem the request for findings of fact and conclusions
of law to be waived and enter a decision and entry accordingly, as if no
request for findings of fact and conclusions of law was made.
(J)
WITHDRAWAL OF TRIAL ATTORNEY
An
attorney requesting to withdraw from representation of a client shall file a
motion to withdraw stating the reasons for withdrawal. The motion shall include the last
current address of the client and certification that the following have
occurred:
a.
notice has been given to the client advising the client of all orders and all
upcoming assignment dates affecting the client;
b.
notice has been given to all counsel, or if unrepresented, to the parties.
The attorney shall serve
the motion to withdraw from representation on the client and all parties or
their counsel.
No attorney shall be
permitted to withdraw from a case later than 20 days prior to hearing except
for extraordinary circumstances.
If a case is scheduled for hearing before a magistrate, the request to
withdraw should be approved by the assigned magistrate prior to being submitted
to the assigned judge.
(Amended, eff 7/1/85, eff
8/2/90, eff 7/1/93, 7/1/99; 8/1/04; 1/25/10)