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Rule 16 Case Management 16.01 Case Management Conference A

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Rule 16 Case Management 16.01 Case Management Conference A Rule 16 Case management 16.01 Case Management Conference A Case Management Conference is an initial conference for the establishment of definite time frames for the completion of various steps in preparing a case for trial. Case Management Conferences may be held by telephone or in person or by the filing of agreed case management orders at the discretion of the Judge. At the Case Management Conference orders shall be issued, where appropriate, establishing time limits in the following areas: 1. amendment of pleading and the addition of parties; 2. the filing of dispositive motions based on the pleading or the Courts jurisdiction 3. discovery information exchange (Lay witness information exchange, documents exchange, scheduling of discovery depositions, designation of experts and the exchange of reports); 4. scheduling of further pretrial and settlement conference; 5. Trial preparation (scheduling of trial depositions and independent medical examinations, exhibit marking and stipulations) 6. Determination of probable length of trial, designation of trial date and date for trial filings (pretrial briefs, holding final pretrial, motions in Limini and filing of proposed jury instructions). At the end of the Case Management Conference each case shall be scheduled for a definite trial date or for further pretrial conference or for both. All efforts will be made, consistent with the evidentiary and legal complexities of each individual case, to dispose of all cases within the time limits established by the Supreme Court of the State of Ohio. 16.02 Civil Docket - Professional Tort, Product Liability, Other Torts, Workers Compensation, Other Civil cases A Case Management Conference shall be held within 90 days of the filing of the complaint in cases of Professional Tore, Product Liability, Other Torts, Worker's Compensation and Other Civil Cases, or as soon thereafter as the Court's schedule will permit. 16.03 Civil Docket - Foreclosure, Administrative Appeal Foreclosure: May foreclosure actions are resolved by default judgment or agreed order without the need for Court intervention. If a Foreclosure action remains unresolved 90 days after filing, a Case Management Conference shall be held within 120 days of the filing of the complaint, or as soon thereafter as the court's schedule will permit. Administrative Appeal: In administrative appeals where the time for filing transcripts of proceedings, assignments of errors and briefs are fixed by statute or by rule of the Supreme Court they shall be filed within such time or extension thereof as may be granted in writing by the Assigned Judge after notice to opposing counsel or party. The matter will be scheduled as a non-oral hearing by the Assignment Commissioner unless an oral hearing is granted by the Assigned Judge on Motion of the parties. Where the time for filing id not fixed by statute or rule of the Supreme Court, the Appellant shall file a brief within 20 days after the filing of the brief of Appellant and any reply brief shall be filed within 10 days after the filing of the Appellee's brief. Extensions of time may be granted by entry by the Judge for good cause shown after notice to all parties. The matter will be scheduled as a non-oral hearing by the Assignment Commissioner unless an oral hearing is granted by the Assigned Judge on Motion of the parties. In all cases in which demand or request to the agency by the Appellant is a prerequisite to the preparation or filing of the transcript of the record by the agency, such demand or request shall be filed by the Appellant within the agency at the time of filing the notice of appeal, unless otherwise provided by law or Rule of the Supreme Court. Where any appeal procedure provides for the presentation of additional evidence or a trial de novo and Court permission is granted, if required by law, a case management conference shall be held within 90 days of the filing of the Administrative Appeal, or as soon thereafter as the Courts schedule will permit. Failure of an Appellant to file the transcript, assignments of error, his brief or other necessary documents within the time required shall be cause for dismissal of the appeal for want of prosecution or other disposition of the case at the discretion of the Judge. 16.04 Domestic Docket - Divorce with or without minor children, Legal Separation, Annulment, and Post Decree Motions to Change Residential Parent Designation, Modify or enforce Visitation or to Modify or terminate child Support or Spousal Support. Most Domestic Relations cases are resolved speedily without the need for Court intervention either through agreement of the parties or default. Where an answer has not been filed within 60 days of the filing of the complaint or post decree motion and service is complete, the matter shall be scheduled as an uncontested hearing. Where an answer has been filed or an appearance in opposition to the relief sought has been made in any of the above cases before the expiration of 60 days from filing and if the case is not disposed of or has not been scheduled for final uncontested hearing the case shall be set for a case management conference. Once a case has been set as a contested matter it may be set as an uncontested case upon the filing with the Court of a Separation Agreement or other appropriate settlement documents and a request to the Assignment Commissioner that the matter be set on the uncontested docket. 16.05 O.R.C. 3113.21(L) Compliance - Child Support Orders The following percentage of all actions to establish a support requirement or to modify a previously issued support order shall be completed within the following time limits: a. Ninety percent of all actions shall be completed within three months after they were initially filed. b. Ninety-eight percent of all actions shall be completed within six months after they were initially filed. c. One hundred percent shall be completed within twelve months after they were initially filed. If a case involves complex legal issues requiring judicial review, the Court shall issue a temporary order within these time limits to be in effect until the end of the case. All cases in which the imposition of a Division D order is contested shall be completed within forty-five days of the service upon the Obligor of notice pursuant to Ohio Revised Code Section 3113.21(B), (C), or (D). The failure of the Court to complete a case within this forty-five day period does not effect the ability of the Court to issue orders for payment of support, nor provide any defense to an order for payment, nor affect the obligation to pay support. 16.06 Drop List Cases which have been on the docket for six months without any proceedings taken therein, except cases awaiting trial (cases that are ready for trial but have not been tried because of the volume of cases in the court), shall be dismissed, after notice to counsel of record, for want of prosecution, unless good cause is shown to the contrary as to why the case should not be dismissed. Good cause may be demonstrated by an affidavit of counsel that the case is ready to be set for trial. Such affidavit shall be filed no later that seven days before the date set for dismissal. Any response or contrary affidavits shall be filed prior to the date set for the drop list..
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