- Common Pleas Court
- Court Rules
- Local Rule 3
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
6(A), 6(B) 6(A)-(D) 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 filed in writing, served pursuant to Civ. R. 5, accompanied by a brief or memorandum stating the grounds for relief and citing the authorities relied upon, with supporting documents or evidence attached.
An opposing party may file a response brief or memorandum fourteen (14) days after service of the motion except that responses to motions for summary judgment shall be filed twenty-eight (28) days after service of the motion. If no response is filed within twenty-eight days of service of the motion for summary judgment, then the motion may be decided forthwith.
If a response memorandum is filed, a moving party may file a reply memorandum within seven (7) days of service of the Response. The matter will be deemed submitted and no further filings accepted after the Reply of the moving party is filed unless leave of court is granted in writing.
All motions, including summary judgment motions, shall be submitted on the memoranda, briefs, and Civ. R. 56(C) materials filed with the clerk without oral argument unless otherwise ordered by the Court.
This Rule does not apply to default judgment motions, divorce, legal separation or annulment cases.
3.04 SUMMARY JUDGMENT: REPEALED (FEBRUARY 21, 2020); SEE RULE 3.03
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 plus a sufficient number of service copies. If filing by mail or use of private carrier, a self-addressed stamped envelope for return of filing is required. 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: REPEALED; (FEBRUARY 21, 2020)
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.