NOTICE OF PROPOSED LOCAL RULE CHANGE

The following proposed Local Rules 17 and 27 of the Garfield Heights Municipal Court are being posted for public notice and comment.

Please forward any comments regarding the proposed rule in writing to Rita R. Johnson, Clerk of Court, Garfield Heights Municipal Court, 5555 Turney Road, Garfield Heights, Ohio 44125. In order to be considered, comments must be received by the Clerk of Court no later than July 8, 2009.

(A) Criminal and traffic cases in which the defendant enters a plea of not guilty at the initial appearance shall be set for trial.

(B) The trial will be set before a judge unless the defendant files a timely jury demand in writing, or is otherwise accorded the right to jury trial by law.

(C) A pretrial conference may be set where the court determines the same is necessary and appropriate.

(D) Cases that are not disposed of at the conclusion of a pretrial conference will be set for trial unless the court determines a final pretrial conference is necessary and appropriate.

(E) Written notice of the date and time of a trial and/or pretrial conference shall be provided in person to the defendant and/or counsel. If not present to receive the same, written notice shall be sent by mail to the defendant, or by e-mail to counsel of record. Written notice of all hearings shall be sent by e-mail to the prosecuting attorney of record.

(F) Continuances shall be submitted and ruled upon in accordance with Local Rule 9.

(G) Both the defendant and counsel of record shall be required to personally attend all hearings. The defendant’s failure to appear will result in the issuance of an arrest warrant and/or license forfeiture or warrant block.

(H) The Clerk shall provide each judge with monthly written reports of all cases assigned to such judge which are pending with no action and/or within three months of the case time limits provided in Superintendence Rule 39(B). The judge shall determine what further action is necessary to ensure the timely disposition of the cases reported.

The Clerk shall provide the administrative judge with a monthly report of all administrative cases which are pending with no action and/or within three months of the case time limits provided in Superintendence Rule 39(B). The administrative judge shall determine what further action is necessary to ensure the timely disposition of the cases reported.

Rule 27. Case management

(A) Summons shall be served in accordance with the Rules of Civil Procedure. In the event of a failure of service, the Clerk shall promptly notify the plaintiff or counsel of record.

(B) The Clerk shall provide the administrative judge with a monthly report of all administrative cases which are pending without service for more than six months. The administrative judge shall determine what further action is necessary to ensure the timely disposition of the cases reported.

(C) Upon the filing of a motion for default judgment, the motion shall be promptly delivered to the sessions judge to rule on the motion or set it for oral hearing in the discretion of the judge.

(D) All small claims and forcible entry and detainer cases shall be file-stamped on the date they are received by the Clerk. They shall be promptly set for trial before the judge then in session.

(E) Contested matters, except for small claims and forcible entry and detainer, shall be set for trial.

(F) The trial will be set before a judge unless a party files a timely jury demand in writing and makes the jury deposit required under Local Rule 23(D). There shall be no jury trial in a small claim case.

(G) A pretrial conference may be set where the court determines the same is necessary and appropriate. Where all parties are represented by counsel, a telephone case management conference may be set in the discretion of the judge

(H) Cases that are not disposed of at the conclusion of a pretrial or telephone case management conference will be set for trial unless the court determines a final pretrial conference is necessary and appropriate.

(J) Written notice of the date and time of a trial and/or pretrial or case management conference shall be provided in person to the defendant and/or counsel. If not present to receive the same, written notice shall be sent by mail to the defendant, or by e-mail to counsel of record.

(K) Continuances shall be submitted and ruled upon in accordance with Local Rule 9.

(L) Counsel and parties must appear before the court at pretrial or case management conference. Insurance adjusters may substitute for their insured provided they have full authority to settle the case on behalf of the insured. No appearances by telephone will be allowed unless specifically permitted by the court.

(M) Parties will be encouraged at the pretrial or case management to review the possibility of settlement, to simplify and narrow the issues for trial, to reach stipulations of fact not in controversy, to shorten the time and expense of trial and to consider such other matters as may aid in the disposition of the case.

(N) Parties should be prepared at the pretrial or case management to establish a binding case management schedule setting forth a timetable for the amendment of the pleadings, the filing of motions, the exchange of documents, the termination of discovery, and the trial of the action. Such schedule shall be adopted as a written order of the court.

(O) At the time of the pretrial or case management, the court may consider other appropriate matters in accordance with Civil Rule 16, as well as the imposition of sanctions as authorized by Ohio Civil Rule 37, and such other matters as will aid in the disposition of the case.

(P) The Clerk shall provide each judge with monthly written reports of all cases assigned to such judge which are within six months of the case time limits provided in Superintendence Rule 39(B). The judge shall determine what further action is necessary to ensure the timely disposition of the cases reported.

The Clerk shall provide the administrative judge with a monthly report of all administrative cases which are pending with no action and/or within six months of the case time limits provided in Superintendence Rule 39(B). The administrative judge shall determine what further action is necessary to ensure the timely disposition of the cases reported.

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