Dayton Municipal Court

The method employed by the Dayton Municipal Court for the individual assignment of cases to judges is known as a "true lot". A true lot is defined as the possibility of each case having any one of the judges sitting on the Dayton Municipal Court bench assigned to that case. TOP

Rule 2.2 ASSIGNMENT TO AN INDIVIDUAL JUDGE

A civil case will be assigned by true lot to an individual judge upon the filing of an answer or motion other than a motion for default judgment, a Petition for a BMV Reinstatement Fee Payment Plan, or a Petition for Driving Privileges during a BMV Suspension for FRA.
A misdemeanor criminal or traffic case shall be assigned by true lot to a judge when a plea of "not guilty" or "not guilty by reason of insanity" is entered, except:
1. A misdemeanor criminal or traffic case shall be assigned to the judge who:
  1. is assigned to another open case for the same defendant or
  2. placed the same defendant on supervised probation and has not terminated probation by court entry.
When a case has been assigned to an individual judge, that judge shall be responsible for the determination of every issue and proceeding in that case until its termination.
Upon execution of a waiver by the defendant, a minor misdemeanor or a traffic case assigned to a judge will be referred to a magistrate.
Any modifications to assignment by true lot shall be in accordance with Divisions (B)(1)(a) to (c) of Sup.R. 36. TOP

Rule 2.3 PARTICULAR SESSIONS

A particular session of the court is one in which cases are assigned by subject category rather than by the individual assignment system. The following particular sessions are established:

Initial Appearance in Felony Cases
Traffic Arraignment
Criminal Arraignment
Civil Cases in Which any of the following is Filed:
1. A Motion for Default Judgment
2. A Petition for BMV Reinstatement Fee Payment Plan
3. A Petition for Driving Privileges during BMV Suspension for FRA
Preliminary Hearings
Forcible Entry and Detainer Actions
Small Claims

All particular sessions shall be heard pursuant to an administrative order of the Administrative Judge of the Dayton Municipal Court. TOP

Rule 2.4 DURATION OF ASSIGNMENT TO PARTICULAR SESSION

Pursuant to Sup. R. 36, the Administrative Judge shall equally apportion particular session assignments among all judges. TOP

Rule 2.4.1 HOUSING DOCKET

Upon the original filing of a housing violation case, the case shall be referred to the Housing Docket. The Judges of the Court shall annually select a Judge to hear the cases on the Housing Docket. Such judge shall serve for a period of one year, beginning on the first day of January. TOP

Rule 2.4.2 MENTAL HEALTH DOCKET

A defendant's criminal case shall be referred to the Mental Health Docket if the defendant is a good candidate for the Access II program. The Judges of the Court shall annually select a judge to hear the cases on the Mental Health Docket. Such judge shall serve for a period of one year, beginning on the first day of January. TOP

Rule 2.4.3 RECOVERY NOW DOCKET

A defendant’s case shall be referred to the Recovery Now Docket if the defendant is a good candidate for the Recovery Now Program. The Judge presiding over the Recovery Now Docket shall sentence the defendant to comply with all requirements of the Recovery Now Program and may impose any other community control sanctions the Judge finds appropriate. The Judge shall also hear the community control sanctions violation case if the defendant fails to comply with the requirements of the Recovery Now Program or any other community control sanction. The Judges of the Court shall annually select a Judge to preside over the Recovery Now Docket. Such Judge shall serve for a period of one year, beginning on the first day of January. TOP

Rule 2.4.4 Safe Neighborhoods Docket

A defendant’s case shall be referred to the Safe Neighborhoods Docket if the defendant is a good candidate for the Safe Neighborhoods Program. The Judge presiding over the Safe Neighborhoods Docket shall sentence the defendant to comply with all requirements of the Safe Neighborhoods Program and may impose any other community control sanctions the Judge finds appropriate. The Judge shall also hear the community control sanctions violation case if the defendant fails to comply with the requirements of the Safe Neighborhoods Program or any other community control sanction. The Judges of the Court shall annually select a Judge to preside over the Safe Neighborhoods Docket. Such Judge shall serve for a period of one year, beginning on the first day of January. TOP

Rule 2.5 ASSIGNMENT OF FELONY CASES FOR PRELIMINARY HEARING

Felonies will be set for preliminary hearing within the time limits provided by law and in a particular session. TOP

Rule 2.6 ASSIGNMENT OF MULTIPLE MISDEMEANOR AND TRAFFIC CHARGES

On a plea of not guilty in multiple related cases, these cases may be grouped for assignment to the same judge. Cases relating to different defendants, even if arising out of the same transaction, shall be separately assigned unless a motion for consolidation had been granted by the Administrative Judge. TOP

Rule 2.7 ASSIGNMENT OF EXPUNGEMENT CASES

Expungement motions shall be assigned for decision to the judge before whom the defendant previously appeared or the judge's successor or by true lot. Motions for expungement without the defendant's date of birth, social security number, and current address will not be accepted for filing. TOP

Rule 2.8 REASSIGNMENT OF CASES

After a case has been individually assigned pursuant to Sup. R. 36, it shall not be reassigned to another judge without a proper recusal entry. All transfers of assignments should be effected by a properly recorded entry of the Administrative Judge. TOP

Rule 2.9 COURTROOM ASSIGNMENT

Judges are assigned to courtrooms and sessions, both general and particular, by order of the Administrative Judge. TOP

Rule 2.10 MEDIA COVERAGE OF COURT PROCEEDINGS

ASSIGNED JUDGE:
The judge assigned to the trial or hearing shall permit the broadcasting or recording by electronic means and the taking of photographs in court proceedings that are open to the public as provided by Ohio law. After consultation with the media, the judge shall specify the place or places in the courtroom where the operators and equipment are to be positioned. Requests for permission for the broadcasting, televising, recording, or taking of photograph s in the courtroom shall be in writing (media request form) and the written order of the judge shall be made a part of the record of the proceedings. The media request form shall be presented as far in advance as is reasonably possible but in no event later than twenty- four (24) hours prior to the trial or hearing to be recorded. All requests to record proceedings of arraignment shall be made in writing and presented to the arraignment judge as far in advance as is reasonably possible but in no event later than one-half hour prior to the arraignment session to be recorded. Upon a showing of good cause, the judge may waive the advance notice provision.
PERMISSIBLE EQUIPMENT AND OPERATORS:
1. Use of more than one portable television, videotape, or movie camera with one operator shall be allowed only with the permission of the judge.
2. Not more than one still photographer shall be permitted to photograph trial proceedings without permission of the judge. Still photographers shall be limited to two cameras with two lenses for each camera.
3. For radio broadcast purposes, not more than one audio system shall be permitted in court. Where available and suitable, existing audio pickup systems in the court facility shall be used by the media. If existing audio pickup systems are not available, microphones and other electronic equipment necessary for the audio pickup shall be as inconspicuous as possible but shall be visible.
4. Visible audio recording equipment may be used by news media reporters with the prior permission of the judge.
5. Arrangements between or among media for "pooling" of equipment shall be the responsibility of the media representative authorized to cover the proceeding. "Pooling " arrangements are to be made outside the courtroom and without imposing on the judge or court personnel. If disputes arise over arrangements between or among media representatives, the judge may exclude all contesting representatives from the proceedings.
6. The judge shall prohibit the use of electronic or photographic equipment that produces distracting sound or light. No artificial lighting other than that normally used in the courtroom shall be employed, provided that, if the normal lighting in the courtroom can be improved without becoming obtrusive, the judge may permit modification.
7. Still photographers and television and radio representatives shall be afforded a clear view but shall not be permitted to move about in the courtroom during court proceedings from the places where they have been positioned by the judge, except to leave or enter the courtroom.
LIMITATIONS:
1. There shall be no audio pickup or broadcast of conferences conducted in a court facility between attorneys and clients or co-counsel or of conferences conducted at the bench between counsel and the judge.
2. The judge shall inform victims and witnesses of their right to object to being filmed, videotaped, recorded, or photographed.
3. Jurors shall not be filmed, videotaped, recorded, or photographed without permission of the judge.
4. Media representatives shall not be permitted to transmit or record anything other than the court proceedings from the courtroom while the court is in session.
5. This rule shall not be construed to grant media representatives any greater rights than permitted by law.
REVOCATION OF PERMISSION:
Upon the failure of any media representative to comply with the conditions prescribed by this rule or the judge, the judge may revoke the permission to broadcast or photograph the trial or hearing.
OTHER MEDIA REQUESTS FOR BROADCASTING OR PHOTOGRAPHING IN THE COURTHOUSE:
A media representative may request permission to broadcast, televise, record, or take photographs in the courthouse for general story purposes. The request shall be in writing and presented to the Court Administrator for review and approval. If the request is approved, the Court Administrator shall specify the time and place in the courthouse where the equipment may be used
MEDIA REQUESTS TO INTERVIEW COURT EMPLOYEES:
A media representative may request to interview a court employee regarding an incident or story that involves the employee in his or her course of business as a representative of the court. No interview shall be granted until a "Request for Interview" form has been forwarded to the Court Administrator for review and approval. No employee of the court may comment or be interviewed by the media regarding court matters without the approval of the court. TOP

Rule 2.11 NOTIFICATION OF ADMINISTRATIVE JUDGE OF ALL APPEALS

Whenever a notice of appeal is filed in this court, the Administrative Judge shall immediately be furnished with a copy of the notice of appeal and all papers filed in connection therewith. TOP

Rule 2.12 NUMBERING OF CASES

Rule 43 of the Rules of Superintendence for the Courts of Ohio shall be followed. TOP

Rule 2.13 FORM AND SIGNING OF PLEADINGS

Rules 10 and 11 of the Ohio Rules of Civil Procedure shall be followed. TOP

Rule 2.14 PROOF OF SERVICE

All documents, except the complaint offered for filing and required to be served to other parties, shall contain proof of service in the form provided by Civil Rule 5. TOP

Rule 2.15 FILING AND REMOVAL OF PAPERS FROM CUSTODY OF CLERK

The Clerk shall file and preserve in his office all papers delivered to him for that purpose. No papers, documents, or exhibits on file in the office of the Clerk of Court shall be allowed to be taken from the custody of the Clerk except as hereinafter provided.

Excepting court personnel, original papers, which shall include transcripts or depositions filed in the action, shall not be taken from the files except upon filing an entry approved by the court and a written receipt, which shall be retained by the Clerk until the file is returned. In no event shall the file be removed for longer than three (3) days, except by court personnel.

By order of a judge of this court, any exhibit may be returned to the witness or party by whom it was produced after the substitution of a photostatic copy thereof; provided, however, that such order may dispense with such substitution in the case of an original record, paper, or object taken form the custody of a public officer which is being returned to such officer, or in the case of an exhibit used only in making proof against a party whose default has been entered, or when a receipt shall be given, or when a written stipulation of all the parties consenting thereto is filed. The application for such an order shall be supported by an affidavit stating all the pertinent facts, except where it is made on stipulation.

The Clerk shall, upon request, furnish extra copies of pleadings or other papers upon the payment of a reasonable fee.

No entry shall be accepted or docketed by the Clerk until it is approved by the appropriate judge or the Administrative Judge in the absence of the assigned judge. In small claims cases, the exhibits shall be returned to the party submitting said exhibits at the completion of the appeal period. TOP

Rule 2.16 COPIES OF COMPLAINT

Plaintiffs shall tender with the original complaint a sufficient number of service copies for all defendants to be served. TOP

Rule 2.17 DUTIES OF THE CLERK

The Clerk shall prepare and maintain such dockets, books of record, and indices as are required by law and practical necessity, which shall be the public records of the court, including but not limited to:
1. A Civil Docket in which shall be entered in consecutive order all civil cases brought in this court, together with all proceedings had therein, properly dated, which docket shall be the final and complete record of said cases, except as hereinafter provided;
2. A Criminal Docket in which shall be entered in consecutive order all criminal cases brought in this court, together with all proceedings had thereon, properly dated, which docket shall be the final and complete record of said cases, except as hereinafter provided;
3. A Bond Docket in which shall be entered the originals of all bonds given to stay execution, as well as bonds given by any party for any purpose in connection with any civil case pending in this court, with a proper index thereof;
4. A Journal in which shall be recorded the orders of the court, entered in chronological sequence and identified by specific minute numbers. Where a copy of such records is demanded by a party, the expense is to be prepaid by the requesting party;
5. A General Index giving the name of each plaintiff and defendant in alphabetical order. When an execution is issued, the number shall be entered on the docket in lieu of a separate index;
6. An Execution Docket, which contains all records in civil cases after judgment;
7. A Cash Book Journal Sheet containing a record of all payments received by the Clerk of Court;
8. A Small Claims Docket, which contains small claims cases, together with all proceedings, had therein, properly dated. This docket is the final and complete record of each such case;
9. A Small Claims Index which is an alphabetical list of the names of plaintiffs and defendants. When an execution is issued, the number shall be entered on the docket in lieu of a separate index.
Once a case has been assigned, the Clerk of Court shall immediately forward the case information to the assigned judge, and immediately notify the assigned judge of any subsequent pleadings, papers or exhibits filed. TOP

Rule 2.18 APPEARANCE CALL FOR CERTAIN CIVIL ACTIONS

Appearance call will be held at 9:00 A.M. each Friday, before the civil magistrate, for first appearance in actions for:
1. Forcible Entry and Detainer
2. Objections to Applications for the Appointment of a Trustee under O.R.C. 2329.70. Actions on the Appearance Call Docket in Forcible Entry and Detainer Actions for Restitution in which the plaintiff or plaintiff's attorney does not appear shall be dismissed without prejudice.
Each Thursday, the civil magistrate will hear proceedings in:
1. Garnishment and Bank Attachment at 9:00 A.M.
2. Aid of Execution and Citations in Contempt at 10:00 A.M.

In actions in Aid of Execution on the Appearance Call Docket where the plaintiff or plaintiff's attorney does not appear at the time for examination set forth in the order, the presence of anyone summoned to appear shall be noted on the docket and the party excused. In such event, the cost of that proceeding shall be taxed to the party who filed the proceedings and be so reflected on the docket, and counsel may be subject to appropriate action by the court.

The failure of any person to appear for examination or to hold funds, as directed under proceedings in Aid of Execution, shall be grounds for the issuance of a citation in contempt against said person. Such citation shall be issued on forms prescribed by the court and heard by the civil magistrate.

On motion reciting that personal service of the proceedings in Aid of Execution was made upon the person who failed to appear or to hold funds as directed therein, an order may issue for the appearance forthwith of said person to show cause why he should not be punished for contempt of court. TOP

Rule 2.19 DISPOSITION OF SEIZED PROPERTY AND EVIDENCE NOT CLAIMED

Pursuant to O.R.C. 2933.41, all property in the custody of the Dayton Police Department, except contraband, which is no longer needed as evidence and that the Police Department despite reasonable efforts has been unable to locate the person or persons entitled to possession, may periodically be sold at public auction. Contraband in the Dayton Police Department, which is no longer needed as evidence and is not otherwise subject to other provisions of the law, may be destroyed upon receipt of an appropriate order of the court.

Firearms and dangerous ordnance suitable for police work may be given to law enforcement for that purpose. Firearms suitable for sporting use or as collectors' items may be sold at public auction. Other firearms and dangerous ordnance shall be destroyed pursuant to O.R.C. 2933.41(D)(2). TOP

Rule 2.20 UNCLAIMED RESTITUTION FUNDS

All funds, including restitution, unclaimed after one year and after notice is given pursuant to O.R.C. 1901.31, shall be treated as unclaimed funds by the Clerk of Court and paid to the City Treasurer. TOP

Rule 2.21 COURT RECORD RETENTION AND DISPOSITION SCHEDULE

The Dayton Municipal Court finds that the following Record Retention Schedule meets the record retention and disposition requirements of the Revised Code and Superintendency Rules 26, 26.01, and 26.05 for records of the court, of the Office of the Dayton Municipal Court Clerk, of the Office of the Court Administrator and of the Probation Division. After the retention period expires, the records will be destroyed or otherwise disposed of pursuant to Superintendency Rule 26. The court may order the retention period for an individual case file extended beyond the period specified in the Schedule, pursuant to Sup.R. 26(H).

RECORD RETENTION SCHEDULE

Administrative Journal - Permanent

Annual Reports (two copies) - Permanent

Audit Reports - Permanent

Bank Records - 3 years, if audited

Budget - 3 years, if audited

Canceled Checks (including carbons) - 3 years

Cash books - 3 years, if audited

Civil Appearance Docket - 25 years

Civil Case Files - 15 years, if audited

Civil Cash Books - 3 years, if audited

Civil General Index (on computer) - 25 years

Civil Journal (microfiche after 9/83) - 25 years

Correspondence and General Office Records Until no longer of administrative value

Court Reporter Trial Notes - 3 years

Criminal Docket Book - 25 years

Criminal Case Files – As provided by law

Criminal Cash Books - 3 years, if audited

Criminal General Index - 25 years Criminal Journal (on microfiche after Sept. 1983) - 25 years

Criminal Preliminary Appearance Docket - 25 years for existing dockets

Depositions - Up to 60 days after the written notice to retrieve is sent to notice to retrieve is sent to the tendering party

Driving Under Influence Case Files – As provided by law

Execution Docket - 25 years

Exhibits - Up to 60 days after the written notice to retrieve is sent to notice to retrieve is sent to the tendering party

Fiscal Records - 3 years, if audited

Foreign Certificate of Judgment - 12 years

Grant Records - 3 years after expiration of grant

Judges' Monthly Reports - 3 years

Minor Misdemeanor Case Files – As provided by law

Minor Misdemeanor Docket - 25 years

Monetary Records - 3 years, if audited

Parking Tickets (uncontested) - Until paid and audited

Pay-in Orders - 3 years, if audited

Payroll Records - 3 years, if audited

Personnel Applications for Posted and Advertised Positions - 2 years

Personnel Benefit & Leave Records - 3 years, if audited

Personnel History & Discipline - 10 years after termination

Probation Division Annual Reports - Permanent

Probation Division Monthly Reports - Until compiled into annual report

Probation Division Daily Record Sheet - 3 years

Probation Presentence Reports and Individual Case Files - 10 years

Receipt Records - 3 years, if audited

Rental Escrow Account Records - 5 years after the last date of deposit

Requests for Proposals, Bids, and Resulting Contracts - 3 years after expiration of contract

Small Claims Appearance Docket and General Index - 25 years

Small Claims Case Files - 15 years after audit report issued

Traffic Case Files (Misdemeanor) - As provided by law

Traffic Case Files (Minor Misdemeanor) - As provided by law

Traffic Docket - 25 years Traffic

General Index (Separate indexes for the Division and Violation Bureau) - 25 years

Traffic Journal (microfiche after 9/83) - 25 years

Transcripts - Up to 60 days after the written notice to retrieve is sent to the tendering party

Trusteeship Docket - 25 years

Trusteeship Files and Records - 15 years after final case disposition

Warrants(Copies of search warrants issued) - 5 years after date of service or last service attempt

Witness and Jury Voucher Fee Stubs - 3 years, if audited

Yearly Reports - Permanent TOP

Rule 2.22 PRACTICE BEFORE THE COURT

Only attorneys regularly admitted to the practice of law in the State of Ohio or those certified to specially practice by the Supreme Court of Ohio or those authorized by the court shall be permitted to practice in this court. This rule shall not prohibit a party from acting as his or her own counsel in any proceeding in this court. TOP

Rule 2.23 WITHDRAWAL OR CHANGE OF TRIAL ATTORNEY

Withdrawal of Trial Counsel: No attorney who entered his or her appearance in any court shall withdraw except by an entry of the court and upon a showing of good cause. Withdrawal of counsel shall not be permitted within five (5) court days of any hearing assignment.
Change of Trial Counsel: Change of trial counsel will be permitted by the judge assigned to the case only upon the filing of an entry containing the designation of new trial counsel and provided such change will not delay the trial. TOP

Rule 2.24 APPOINTMENT OF PUBLIC DEFENDER

Immediately upon approval by the court of representation of a defendant by the Public Defender's Office, that office shall file with the Clerk of Court a journal entry formalizing the appointment.

TOP

Rule 2.25 SERVICE ON STAFF ATTORNEYS OF THE PUBLIC DEFENDER

Personal service is usually made upon staff attorneys of the public defender, but where such service is not possible, pursuant to Crim. R. 57 there shall be maintained in the office of the Criminal Division of the Clerk of Court a "Public Defender Service Box". In addition to other methods of service authorized by Civ. R. 5(B), service may be made upon any public defender by depositing a service copy in the Public Defender Service Box. Such deposit, when made, shall be deemed serviced by delivery, rather than by mail.

Once deposited in the Public Defender Service Box, documents therein shall be deemed in the custody of the Public Defender, who shall be responsible for distribution of such items to the appropriate responsible staff attorney. No person except the Public Defender or his/her authorized representative shall remove any documents from the Public Defender Service Box. TOP

Rule 2.26 CONFLICT OF TRIAL COURT ASSIGNMENT DATES, CONTINUANCES, AND ENGAGED COUNSEL

Sup. R. 41 shall be followed. Additionally, attorneys submitting motions for continuances shall accompany them with an entry providing blank spaces for the new trial or hearing date, time, and courtroom. TOP

Rule 2.27 MOTIONS

Unless extended by the court, no pre-trial motion, except for one for continuance or as otherwise provided by law, shall be filed within seven (7) days of the trial date. All motions shall be served upon all counsel or the parties, if not represented by counsel, on the day of filing, pursuant to the Ohio Rules of Civil Procedure.

Any motion other than one for continuance shall be accompanied by a memorandum indicating the issues and authorities in support thereof. If there is no memorandum, said motion shall be stricken from the files.

Opposing memoranda shall be filed not later than fourteen (14) days from the service of the motion or on the day prior to the trial or hearing on the motion, whichever is earlier, or at such other time as set by the assigned judge.

Motions shall be deemed submitted when the opposing memoranda are filed or the time for filing expires, whichever is earlier. Assignment of any motion for oral hearing shall be at the discretion of the court. TOP

Rule 2.28 JURY MANAGEMENT PLAN

Opportunity for Service
1. The selection of jurors for the Dayton Municipal Court shall not be denied nor limited on the basis of race, national origin, gender, age, religious belief, income, occupation, disability, or any other factor that discriminates against a person or group that may be before the court.
2. Jury service is an obligation of all qualified citizens.
Jury Source List
1. The names of potential jurors shall be drawn form a jury source list compiled from one or more regularly maintained lists of persons residing in the City of Dayton.
2. The jury source list shall be representative and shall be as inclusive of the adult population of the City of Dayton as is feasible.
3. The court will periodically review the jury source list for its representativeness and inclusiveness of the adult population of the City of Dayton.
4. Should the court determine that improvement is needed in the representativeness or inclusiveness of the jury source list, appropriate corrective action shall be taken.
Random Selection Procedure
1. Random selection procedures shall be used throughout the juror selection process.
2. Departures form the random selection procedures shall be appropriate only when in accordance with Standard 3(C) of the Ohio Trial Court Jury Use and Management Standards. Additional jurors may be summoned to fill the jury panel.
Eligibility for Jury Service
All persons shall be eligible for jury service except those who are less than eighteen (18) years of age; not citizens of the United States; not residents of the City of Dayton; are not able to communicate in the English language; or have been convicted of a felony and have not had their civil rights restored.
Term and Availability for Jury Service
1. Persons will be called upon to perform a term of jury service of one (1) day or the completion of one (1) trial, whichever is longer.
2. The jurors will be provided with a court telephone number to call a recorded message the evening before service to inform them of the status of the scheduled jury.
Exemption, Excuse, and Deferral
Persons may be exempt, excused, or deferred from jury service in accordance with the Ohio Revised Code and Standard 6 of the Ohio Trial Court Jury Use and Management Standards.
Voir Dire
1. Voir dire examination shall be limited to matters relevant to determining whether to remove a juror for cause and to determine the juror's fairness and impartiality.
2. To reduce the time required for voir dire, basic background information regarding panel members will be made available to counsel in writing for each party on the day on which jury selection is to begin.
3. The trial judge will conduct a preliminary voir dire examination. Counsel shall then be permitted to questions panel members for a reasonable period of time.
4. The judge will ensure that the privacy of prospective jurors is reasonably protected and the questioning consistent with the purpose of the voir dire process.
5. In criminal cases, the voir dire process will be held on the record. In civil cases, the voir dire process shall be held on the record unless waived by the parties.
Removal from the Jury Panel for Cause
If the judge determines during the voir dire process that any individual is unable or unwilling to hear the particular case fairly and impartially, that individual should be removed from the panel. Such a determination may be made on motion of counsel or by the judge.
Peremptory Challenges
1. In criminal and civil cases, the number of peremptory challenges shall not exceed three (3) for each side. In a civil case, if the court finds that there is a conflict of interest between parties on the same side, the court may allow each conflicting party up to three (3) peremptory challenges. One (1) additional challenge may be allowed for each defendant in a multi-defendant criminal proceeding.
2. In criminal and civil proceedings each side shall be allowed one (1) peremptory challenge if one or two alternative jurors are impaneled. The additional peremptory challenge shall be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror.
Administration of the Jury System
The responsibility for the administration of the jury system shall be vested in the Court Administrator and Clerk of Court, who act under the supervision of the Administrative Judge.
Notification and Summoning Procedures
1. The notice summoning a person to jury service and the questionnaire shall be in accordance with Standard 11 of the Ohio Trial Court Jury Use and Management Standards.
2. The summons shall clearly explain how and when the recipient must respond and the consequences of a failure to respond.
3. Policies and procedures shall be established for monitoring failures to respond to a summons and for enforcing a summons to report for jury service.
Monitoring the Jury System
The Court will collect and analyze information regarding the performance of the jury system on a regular basis in order to evaluate the representativeness and inclusiveness of the jury source list; the effectiveness of qualification and summoning procedures; the responsiveness of individual citizens to jury duty summonses; the efficient use of jurors; and the cost-effectiveness of the jury management system.
Juror Use
1. The court will employ the services of prospective jurors so as to achieve optimum use with a minimum of inconvenience to jurors.
2. The court will determine the minimally sufficient number of jurors needed to accommodate trial activity.
3. The court will coordinate jury management and calendar management to make effective use of jurors. The court will use a "Juror Telephone Service" to coordinate the services and provide information to prospective jurors.
Jury Facilities
1. The court shall provide an adequate and suitable environment for jurors.
2. The entrance and registration area will be clearly identified and appropriately designed to accommodate the daily flow of prospective jurors to the courthouse.
3. Jurors shall be accommodated in pleasant waiting facilities furnished with suitable amenities.
4. Jury deliberation rooms shall include space, furnishings, and facilities conducive to reaching a fair verdict. The safety and security of the deliberation rooms shall be ensured.
5. To the extent feasible, juror facilities shall be arranged to minimize contact between jurors, parties, counsel, and the public.
Juror Compensation
1. Persons called for jury service shall receive a reasonable fee for their service and expenses.
2. Such fees shall be paid promptly.
3. Employers are prohibited from discharging or penalizing employees who serve as jurors, pursuant to R.C. 2313.18 and Ohio Trial Court Jury Use and Management Standard 15.
Juror Orientation and Instruction
1. The court shall have a juror orientation program designed to increase prospective jurors' understanding of the judicial system and prepare them to serve competently as jurors. Orientation shall be presented in a uniform and efficient manner using a combination of written, oral, and audiovisual materials.
2. The court shall provide some form of orientation or instructions to persons called for jury service upon initial contact prior to service; upon first appearance at the court; and upon reporting to a courtroom for voir dire.
3. The trial judge shall:
  1. Give preliminary instructions to all prospective jurors.
  2. Give instructions directly following impanelment of the jury to explain the jury's role, the trial procedures including note taking and questioning by the jurors, the nature of evidence and its evaluation, the issues to be addressed, and the basic relevant legal principles;
  3. Prior to the commencement of deliberations, instruct the jury on the law, on the appropriate procedures to be followed during deliberations, and on the appropriate method for reporting the results of its deliberations. Such instructions will be made available to the jurors during deliberations;
  4. Prepare and deliver instructions which are readily understood by individuals unfamiliar with the legal system; and
  5. Recognize utilization of written instruction is preferable.
  6. Before dismissing a jury at the conclusion of a case:
    1. Release the jurors from their duty of confidentiality;
    2. Explain their rights regarding inquiries from counsel or the press;
    3. Either advise them that they are discharged from service or specify where they must report; and
    4. Express appreciation to the jurors for their service, but not express approval or disapproval of the result of the deliberation.
4. All communications between the judge and members of the jury from voir dire until time of dismissal shall be in writing or on the record in open court. Counsel shall be informed of such communications and given the opportunity to be heard.
Jury Size and Unanimity of Verdict
Jury size and unanimity in civil and criminal cases shall conform with existing Ohio law.
Jury Deliberation
1. Jury deliberations shall take place under conditions and pursuant to procedures that are designed to ensure impartiality and to enhance rational decision-making.
2. The judge shall instruct the jury concerning appropriate procedures to be followed during deliberations in accordance with Standard 16C.
3. The deliberation room shall conform to the recommendations set forth in Standard 14C.
4. The jury shall not be sequestered except under the circumstances and procedures set forth in Standard 19.
5. A jury shall not be required to deliberate after a reasonable hour unless the trial judge determines that evening or weekend deliberations will not impose an undue hardship upon the jurors and are required in the interest of justice.
6. Training will be provided to personnel who escort and assist jurors during deliberation.
Sequestration of Jurors
1. A jury shall be sequestered only for good cause, including but not limited to insulating its members from improper information or influences.
2. The trial judge shall have the discretion to sequester a jury on the motion of counsel or on the judge's initiative and shall have the responsibility to oversee the conditions of sequestration.
3. Standard procedures shall be promulgated to achieve the purpose of sequestration and to minimize the inconvenience and discomfort of the sequestered jurors.
4. Training will be provided to personnel who escort and assist jurors during sequestration. TOP

Rule 2.29 REQUEST FOR INTERPRETER OR TRANSLATOR

In a criminal or civil case, the party requesting a court appointed interpreter or translator shall make a written request to the court at least three (3) days before the date of the trial or hearing. The court may waive the written request requirement. Upon receiving the request, the court will determine if an interpreter or translator is necessary. The expenses for the interpreter or translator in a civil case shall be taxed as part of the costs allowed to the prevailing party, unless otherwise directed by the court. In a criminal case, the interpreter or translator expenses shall be paid out of the court general fund. TOP

Rule 2.30 CASE MANAGEMENT IN PARTICULAR SESSIONS AND SPECIAL PROCEEDINGS

PURPOSE: The purpose of this rule is to establish, pursuant to Sup. R. 5(B)(1), a case management system for particular sessions and special proceedings to achieve a prompt and fair disposition of these matters. The following civil matters are considered particular sessions or special proceedings and may be heard by a judge or magistrate: small claims, forcible entry and detainer, default hearings, rent escrow hearings, replevins, garnishment hearings, debtor's exams, and citations in contempt. The following criminal matters are considered particular session or special proceedings: criminal initial appearances, preliminary hearings, and extradition hearings.
SCHEDULING OF EVENTS: Cases that have time limits established by the Ohio Revised Code shall be set within those time limits for hearing. In all other special proceedings that do not have established time limits, the case shall be set for hearing within a reasonable time not to exceed ninety (90) days.
CLERICAL STEPS: In all new cases, if counsel fails to obtain service of summons within six (6) months, the Clerk shall notify counsel that the case will be dismissed in ten (10) days unless good cause is shown to the contrary.
Upon completion of service, the Clerk shall immediately notify plaintiff or plaintiff's counsel of a default. A failure to submit a default judgment entry within fifteen (15) days may result in the case being dismissed.
After a responsive pleading is filed, the Clerk shall immediately forward said pleading and the case file to the judge or magistrate so that the matter may be set for a hearing.
If no action has been taken in a case for a six (6) month period and the case is not set for trial, then the Clerk shall notify the party that the matter will be dismissed within one (1) week unless good cause is shown.
When a case file has been marked settled, and the agreed judgment entry or dismissal entry has not been approved and filed within thirty (30-) days, then the case may be dismissed. TOP

Rule 2.31 COURT SECURITY

In accordance with Sup. R. 9, the Court has developed a Court Security Policy and Procedures Plan that addresses the standards of the Supreme Court/Ohio Judicial Conference Committee on Court Security. The Court has appointed a Local Court Security Advisory Committee to implement the plan, which is not a public record.
In compliance with Court Security Standard 5, the Court will not permit weapons in the court facility except those carried by court security officers or by law enforcement officers acting within the scope of their employment. Any law enforcement officer who is a plaintiff, defendant, witness, or interested party to a judicial proceeding and who is acting outside the scope of employment will not be permitted to bring weapons into the court facility. TOP

Chapter 2: Court Administration and General Rules

Rule 2.1 DEFINITION OF TRUE LOT