GEAUGA COUNTY COURT OF COMMON PLEAS General Division

GEAUGA COUNTY

COURT OF COMMON PLEAS

General Division

LOCAL RULES

Amended August 15, 2022

Amended January 1, 2024

Table of Contents

RULE 1. SCOPE ......................................................................................................................... 1

RULE 2. COURT ADMINISTRATION . ................................................................................... 1

RULE 3. CASE MANAGEMENT (General Division only) . ..................................................... 2

RULE 4. BROADCAST AND TELEVISION COVERAGE .................................................... 3

RULE 5. FILING FEES AND COSTS ....................................................................................... 5

RULE 6. E-FILING PROCEDURES .......................................................................................... 6

RULE 7. PLEADINGS AND MOTIONS. .................................................................................. 8

RULE 8. JUDGMENT ENTRIES AND FINDINGS . .............................................................. 10

RULE 9. PRE-TRIAL PROCEDURES ..................................................................................... 11

RULE 10. TRIAL PROCEDURES ............................................................................................. 12

RULE 11. DIVORCE, LEGAL SEPARATION, ANNULMENT & DISSOLUTION

OF MARRIAGE ....................................................................................................... 12

RULE 12. FORECLOSURE, PARTITION AND QUIET TITLE ACTIONS .......................... 21

RULE 13. JUDICIAL SALES .................................................................................................... 22

RULE 14. RECEIVERSHIP ....................................................................................................... 24

RULE 15. GEAUGA COUNTY COMMON PLEAS COURT JURY USE AND

MANAGEMENT PLAN FOR ALL GEAUGA COUNTY JURORS ..................... 24

RULE 16. WITHDRAWAL OF COUNSEL .............................................................................. 31

RULE 17. CONTINUANCES .................................................................................................... 31

RULE 18. NOTARY PUBLIC COMMISSION ......................................................................... 32

RULE 19. USE OF VIDEOTAPE ............................................................................................. 32

RULE 20. CHILD SUPPORT ENFORCEMENT DIVISION . ................................................ 32

RULE 21. MEDICAL CLAIM ARBITRATION (R.C. § 2711.21) . ........................................ 33

RULE 22. JUROR SELECTION ............................................................................................... 35

RULE 23. CITATION OF RULES ........................................................................................... 36

RULE 24. ARBITRATION ....................................................................................................... 36

RULE 25. COURT SECURITY POLICY AND PROCEDURES PLAN ................................ 42

RULE 26. EXPERT WITNESSES ............................................................................................ 45

RULE 27. REPRODUCTION OF HOSPITAL RECORDS ..................................................... 46

RULE 28. RECORD OF PROCEEDINGS, TRANSCRIPTS, EXHIBITS .............................. 47

RULE 29. SERVICE BY PUBLICATION ............................................................................... 47

RULE 30. MEDIATION ........................................................................................................... 49

RULE 31. [reserved for future use] .......................................................................................... 54

RULE 32. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT ............................. 55

RULE 33. ESTABLISHMENT OF SPECIALIZED DOCKET: DRUG COURT.................... 56

RULE 34. COURT TECHNOLOGY PLAN ............................................................................ 60

GEAUGA COUNTY COURT OF COMMON PLEAS

General Division

LOCAL RULES

RULE 1. SCOPE.

These Rules of Court shall apply in all proceedings in all divisions of the Geauga County Common

Pleas Court unless inconsistent with any rules promulgated by the Supreme Court of Ohio or unless

clearly inapplicable due to Ohio law or order of the judge to whom the case is assigned.

RULE 2. COURT ADMINISTRATION.

A. The session of the court shall be daily Monday through Friday from 8:00 am to 4:30

p.m.

B. The court shall be in session at such other times and hours as necessary to meet special

situations or conditions as prescribed by the administrative judge, or required by the

judge presiding in a given case.

C. The term of the court is the calendar year. It is divided into three part-terms:

1. Part One is from January 1 through April 30;

2. Part Two is from May 1 through August 31; and

3. Part Three is from September 1 through December 31.

D. Arraignments, together with grand jury supervision, shall be assigned to each General

Division Judge in alternate part-terms.

E. Upon the filing or transfer to the General Division of a civil case, and upon arraignment

of a criminal defendant, the case shall be assigned to a judge by lot. He shall thereafter

be primarily responsible for the determination of every issue in the case. In any instance

where a previously filed and dismissed case is re-filed, that case shall be reassigned to

the judge originally assigned by lot to hear it, unless, for good cause shown the judge

is precluded from hearing the case.

F. Motions first invoking the continuing jurisdiction of the General Division pursuant to

Rule 75(I), Ohio Rules of Civil Procedure, in cases completed before January 1, 1977,

shall also be assigned by lot. Thereafter, such motions and those filed in cases

completed after January 1, 1977, shall be assigned to the judge originally selected by

lot, or his successor in office.

G. In civil cases the attorney who is to try the case shall be designated as trial attorney on

all pleadings filed therein. At the time of arraignment in criminal cases, the attorney

who is to try the case shall be stated, in writing, by such attorney, or his designee.

RULE 3. CASE MANAGEMENT (General Division only).

Subject to contrary orders or notice of the assigned judge, general division cases shall be processed

at the earliest available times as follows:

A. Criminal Cases:

1. Within ten (10) days of arraignment, the case shall be set for pretrial and trial

by order of notice. The trial shall be held within one hundred forty (140) days

of arraignment.

2. Pre-trial motions shall be filed and processed within the time frames provided

in the Ohio Rules of Criminal procedure and/or applicable statutes or rules.

3. Cases bound over to the grand jury and not indicted within sixty (60) days shall

be dismissed pursuant to the Sup. R. 39(B)(2).

B. Domestic Relations Cases (Generally see G.C.R. 11).

1. Dissolution of Marriage.

Within ten (10) days after filing, the case shall be set for hearing at a time no less

than thirty (30) nor more than ninety (90) days from the filing date.

2. Divorce, Legal Separation & Annulment.

a. Within thirty (30) days after answer day, uncontested cases (no answer

filed) shall be set for hearing on the merits at a time not less than forty-

two (42) nor more than ninety (90) days from the filing date.

b. Within three (3) days after filing, motions for temporary (pendente lite)

orders shall be set for hearing; if a hearing is required, at a time not less

than twenty-one (21) days from the date of filing of the motion nor more

than the time allowed by law, including applicable rules.

c. Within thirty (30) days after answer day, or the date of filing of an answer

of the other spouse, contested cases shall be set for trial at a time not

less than ninety (90) days from the date of filing nor more than the time

allowed by law, including applicable rules.

d. Within ten (10) days after the date of filing, post decree motions shall be

set for hearing, if hearing is required, at a time not less than twenty-one

(21) days from the date of filing nor more than the time allowed by law,

including applicable rules.

C. Foreclosure Cases (Generally see G.C.R. 12).

Within thirty (30) days after answer day or the date of filing of the last permitted pleading,

whichever is later, all foreclosure partition and quiet title actions shall be set for trial at a

time not less than ninety (90) days from the date of filing nor more than the time allowed

by law, including applicable rules.

D. All Other Cases.

1. Within thirty (30) days after answer day or the date of filing of the last permitted

pleading, whichever is later, the case shall be set for status call on a day not less

than ninety (90) nor more than one hundred twenty (120) days from the date of

filing. Before such day each party shall advise the court, in writing, of the status

of the case, including the following:

a. A brief description of the claims and/or defenses of each party and the

dollar amount in controversy.

b. The status of discovery requests by each party, and a proposed schedule

to complete discovery.

c. Written and proposed stipulations of the parties.

d. A list of expert witnesses and a proposed schedule for obtaining experts

and submitting reports thereof.

e. Any proposed amendments to the pleadings, including the addition or

deletion of parties, and/or claims and defenses.

f. An estimate of total days required for trial.

2. Following the status call day, the court shall issue a pre-trial order scheduling a pre-

trial conference in accordance with G.C.R. 9 and setting definite dates for (1)

exchange of expert reports; (2) completion of all discovery (including a specific

discovery schedule if necessary); (3) amendment of pleadings, if applicable; (4)

filing of pre-trial motions and responses thereto; and (5) any other action

necessitated by status call reports, such as trial briefs, proposed jury instructions,

etc.

3. Within ten (10) days after the pre-trial conference, the case shall be set for trial at a

time not later than the time allowed by law, including applicable rules.

E. Continuances are governed by G.C.LR. 17.

RULE 4. BROADCAST AND TELEVISION COVERAGE.

A. Presiding Judge.

The judge presiding at the trial or hearing shall permit the broadcasting or recording by

electronic means and the taking of photographs in court proceedings open to the public as

provided in Canon 3A(7) of the Code of Judicial Conduct. The judge, after consultation

with the media, shall specify the place or places in the courtroom where the operators and

equipment will be positioned. Requests for permission for the broadcasting, televising,

recording, or taking of photographs in the courtroom shall be in writing and the written

permission of the judge required by Canon 3A(7) shall be made a part of the record of the

proceedings. Such requests shall be made within a reasonable time before any scheduled

proceedings.

B. Permissible Equipment and Operators.

1. Use of more than one portable camera (television, videotape, or movie) 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 (2) cameras with two (2) 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. In the event no such systems are

available, microphones and other electronic equipment necessary for the audio

pickup shall be as inconspicuous as possible, but must 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 representatives authorized to cover the proceedings.

Such arrangements are to be made outside the courtroom and without imposing

on the judge or court personnel. In the event disputes arise over such

arrangements between or among media representatives, the judge shall exclude

all contesting representatives from the proceeding.

6. The use of electronic or photographic equipment which produces distracting

sound or light is prohibited. No artificial lighting other than that normally used

in the courtroom shall be employed.

7. Still photographers, 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.

8. The changing of film or recording tape in the courtroom during court

proceedings is prohibited.

C. 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; and objections, if any, shall be

honored by the media.

3. There shall be no filming, videotaping, recording, broadcasting, or taking of

photographs of jurors.

4. This rule shall not be construed to grant media representatives any greater rights

than permitted by law wherein public or media access or publication is

prohibited, restricted, or limited.

5. 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.

D. Revocation of Permission.

The judge may revoke the permission to broadcast or photograph the trial or hearing upon

the failure of any media representative to comply with the conditions prescribed by the

judge, or the Supreme Court Rules of Superintendence.

E. Amendments.

Any future amendments to either Canon 3A(7) or Sup. R. 12 are incorporated herein and,

to the extent that such amendments conflict with this rule, they shall take precedence.

RULE 5. FILING FEES AND COSTS.

A. Filing Fees.

1. In General.

Unless otherwise provided by law, rule, or judicial determination, fees must be paid

to the Clerk before a civil action or proceeding can be filed in this Court. This fee

is called the “filing fee” and is the initial cost deposit paid to the Clerk.

Unless otherwise provided by law or rule, filing fees are also assessed when:

a. filing a counterclaim;

b. filing a cross-claim;

c. reopening a case;

d. filing a motion after a judgment or decree;

e. requesting a hearing after an administrative hearing, including after a

child support enforcement administration (“CSEA”) hearing;

f. transferring a case from another court;

g. requesting service on multiple parties;

h. the deposit amount is insufficient to cover future costs; or

i. determined necessary or desirable by the Court.

Failure to pay required fees may result in rejection of the attempted filing or in

dismissal of the case.

2. Determining the filing fee. The Court periodically adopts new fee schedules.

The fee schedule is available at the Geauga County Clerk of Court’s office or

on the Geauga County Clerk of Court’s website.

3. Unpaid Fees and Costs. The Clerk may refuse to accept a filing if the filing

party owes costs or fees from another case or matter.

4. Poverty Affidavits. A poverty affidavit filed in lieu of cash deposit must state

reasons for the inability to prepay costs and is subject to court review at any

stage of the proceedings. A party filing a poverty affidavit may later be ordered

to pay fees or costs.

5. The State of Ohio and Political Subdivisions. The State of Ohio and its

political subdivisions, together with governmental agencies or officers of either,

are exempt from prepayment of filing fees.

B. Application of Filing Fees. Filing fees are applied to costs in the case. Another party

may be ordered by the Court to reimburse filing fees and costs.

C. General Special Projects Fee:

1. Pursuant to R.C. § 2303.201(E)(1), the Court has determined that, for the

efficient operation of the Court, additional funds are necessary to acquire and

pay for special projects of the Court.

2. As authorized under R.C. § 2303.201(E)(1), the Clerk of Courts shall charge,

in addition to all other costs, a fee of $ 25.00 on the filing of each criminal

cause, civil action or proceeding, or judgment by confession.

3. All fees collected pursuant to this subsection shall be used for special projects

consistent with R.C. § 2303.201(E)(1).

4. All fees collected pursuant to this subsection shall be paid to the County

Treasurer, who shall place the funds from the fee in a separate general special

projects fund to be disbursed upon an order of the Court.

RULE 6. E-FILING PROCEDURES.

A. Any signature on electronically transmitted documents shall be considered that of the

attorney or party it purports to be for all purposes. If it is established that the documents

were transmitted without authority, the court shall order the filing stricken.

B. Electronically transmitted documents may be submitted to the court 24 hours per day,

every day of the week including Sundays and holidays. A document submitted after

11:59:59 p.m. is considered received the following calendar day.

C. When a document is submitted, the e-filing system will issue a confirmation of receipt,

showing the submission is pending and the date and time of submission.

D. The clerk reviews all electronically filed documents for compliance with court rules,

policies, procedures, and practices. After review, the document becomes accepted,

pending, or rejected.

E. Only accepted documents are filed, docketed, and time stamped.

1. Accepted Documents.

If the document is accepted for filing, a docket entry reflecting the time of

submission as the time of filing is generated. A notice of acceptance is

electronically sent to the e-filer. The notice of acceptance specifies the date and

time the document was received by the clerk and filed in the court’s records.

If the document is an initial complaint or other document requiring service by the

clerk, the clerk will follow service instructions provided by the e-filer. If service

by the clerk is not required, the electronic filing system will notify registered e-

filers of the filing.

2. Pending Documents.

If a document is not accepted, the electronic filing system will notify the e-filer of

the document’s status as pending or rejected.

If a document is pending, the e-filer may correct all deficiencies and re-submit the

document within two business days of the electronic notice of pending status. If a

pending document is timely re-submitted and accepted for e-filing, the docket entry

will show the time of submission as the time of the original attempt to file.

3. Rejected Documents.

Rejected Documents are not docketed and do not become part of the official court

record.

F. Any document filed electronically that requires a filing fee may be rejected by the clerk

unless the filer has complied with the mechanism established by the court for the

payment of filing fees.

G. Procedures for e-filing are set out in the Court’s Administrative Order.

RULE 7. PLEADINGS AND MOTIONS.

A. Filing Complaints, Motions and Other Documents.

1. All documents must be either electronically filed in accordance with Local Rule

6 or conventionally filed on 8 ½” x 11” paper. All paper filings must include:

a. Case caption and document title (e.g. motion for ____________);

b. Attorney’s signature or unique identifying mark;

c. Attorney’s typed or printed name (or party’s own name for self-

represented litigant);

d. Attorney’s registration number (unless self-represented litigant);

e. Firm name (unless self-represented litigant);

f. Identity of the party represented (e.g. Attorney for Plaintiff John Doe);

g. The filer’s address;

h. The filer’s telephone number;

i. The filer’s facsimile number; and

j. The filer’s e-mail address.

2. Every complaint or case initiating document must:

a. Begin with a caption, stating the parties’ addresses and the general

nature of the action (e.g. Complaint for _______);

b. Be accompanied by service instructions; and

c. Be accompanied by the appropriate case designation form, identifying

the case type, available on the Geauga County Clerk of Courts website:

Civil/General Case Designation Form

Domestic Case Designation Form

3. Subsequent filings must:

a. Include a caption naming the first parties and the assigned Judge;

b. Name the Magistrate if one has been assigned;

c. Include all necessary documents which have not been previously filed

with the Court;

d. Show service or contain service instructions; and

e. Parties serving or responding to discovery must file a notice of service

with the Court.

4. No filed documents may be deleted, removed, or altered without a court order.

Documents may be withdrawn or amended as permitted by Rule or court order.

B. Motion Hearings and Rulings.

1. In general, motions are ruled on without oral hearings and must include:

a. A supporting memorandum;

b. Citations to legal authority, unless none is available;

c. Where necessary, citations to the record (cited depositions must be filed

and include an index. Relevant testimony must be identified by page

and line);

d. Where necessary, previously unfiled affidavits or other supporting

evidence; and

e. A proposed judgment entry [failure to include a proposed judgment

entry with a motion may result in the motion being stricken or dismissed

without a hearing].

2. Unless otherwise provided by Rule or order, opposition to motions must be

filed:

a. within 28 days of service of a motion for summary judgment; and

b. within 14 days of service of all other motions.

3. A movant’s reply to any written motion may be served within 7 days after

service of the response to the motion. Oppositions must include:

a. A supporting memorandum;

b. Citations to legal authority, unless none is available;

c. Where necessary, citations to the record (cited depositions must be filed

and include an index. Relevant testimony must be identified by page

and line);

d. Where necessary, previously unfiled affidavits or other supporting

evidence; and

e. A proposed judgment entry.

4. Evidentiary hearings will be conducted when necessary evidence cannot be

presented in documentary form, disposition turns on a disputed issue of fact, or

the Court so orders.

5. Unless otherwise provided by Rule or order, written motions for purposes of a

hearing shall be served within 14 days prior to the hearing, while motions for

purposes of a trial shall be served within 28 days prior to trial. Responses to

such motions may be served as provided in GCR 7.B.2; however, a movant’s

reply is not permitted.

6. Upon motion of a party, and for good cause shown, the Court may reduce or

enlarge the period of time provided in GCR 7.B.2 and GCR 7.B.5.

RULE 8. JUDGMENT ENTRIES AND FINDINGS.

A. After the announcement of the decision of the Court or after the agreement of the parties

making a judgment or order which requires settlement and approval as to form, the

Court may order or direct either party or counsel to prepare and present for

journalization the judgment entry embodying the Court’s decision or the agreement of

the parties. When so ordered or directed by the Court, such party or his counsel shall

within ten (10) days thereafter, unless the time be extended by the Court, prepare a

proper judgment entry and submit the same to counsel for any party who has appeared

in the action and to any unrepresented party to the action. The original shall be mailed

or delivered to the Judge or Magistrate. All parties or counsel so served shall have eight

(8) days from the date of mailing in which to approve or reject the judgment entry. In

the event of rejection, the objecting party or counsel shall file with the Court, at the

time of said rejection, a written statement of the objections to the judgment entry.

Failure of the parties or counsel so served, to approve or reject any submitted judgment

entry as provided above will constitute a waiver of all objections. Any party or counsel

who does submit objections in a timely manner shall also submit a draft of the judgment

entry or order which he/she proposes as a substitute.

No later than three (3) days after the expiration of the eight-day period for objections,

the Judge or Magistrate will sign an appropriate judgment entry or order.

All counsel may approve the original proposed judgment entry in lieu of the foregoing

procedure.

B. With respect to any matter involving a child and/or spousal support, a second copy of

the proposed entry and order shall be provided for forwarding to the Child Support

Enforcement Division.

C. All judgment entries or orders providing for the payment of child support or installment

spousal support, temporary or permanent, must order payment through the Ohio Child

Support Payment Central (CSPC) and must set forth separately the amounts and due

dates of such payments regardless of whether such data is included in a separation

agreement. Such order shall be monthly and begin the first day of the month following

the hearing, unless otherwise specified. All judgment entries providing for payment of

child support or spousal support shall also include the following information as to both

Obligor and Obligee: current residence and mailing addresses, birthdates, employers

and their addresses, pay rates and pay periods, provided, however, direct payment of

spousal support may be ordered consistent with the provisions of R.C. § 3121.441.

D. Findings of fact and conclusions of law shall be dealt with as provided at Civil Rule

52, which is hereby incorporated in these rules by reference.

RULE 9. PRE-TRIAL PROCEDURES.

A. Each judge shall be responsible for determining his own procedure for Pre-Trial

hearings in civil cases.

B. All cases, except uncontested divorces and dissolutions of marriage, shall be subject to

Pre-Trial procedure, if the judge so directs.

C. At the Pre-Trial conference trial counsel shall appear and be prepared to consider:

1. The simplification of the issues;

2. The necessity or desirability of amendments to the pleadings;

3. The possibility of obtaining admissions of fact and documents which will avoid

unnecessary proof and securing the same;

4. The ascertainment of the number of expert and lay witnesses;

5. The question of settlement;

6. The waiving of a jury; and

7. Such other matters as may aid in the disposition of the action.

D. At the Pre-Trial conference, counsel for the parties shall be prepared to discuss all

phases of their case and be prepared to resolve all preliminary questions of evidence

pursuant to Evid.R. 104 and 109.

E. The trial judge may make an order reciting the action taken at the conference, the

amendments allowed to the pleadings and the agreements made by the parties as to any

of the matters considered, which shall control the subsequent course of the action,

unless modified at the trial to prevent manifest injustice.

F. The trial judge shall have authority, subject to notice requirements of Civil Rule 41,

under this rule as follows:

1. Upon failure of plaintiff and his counsel to appear, to grant a dismissal or non-

suit on motion of counsel for the defendant.

2. Upon failure of defendant and his counsel to appear, to proceed with the case,

allow amendments, fix the number of witnesses, decide all other preliminary

matters, hear evidence, make such findings as are proper, and grant judgment

in favor of the plaintiff against the defendant.

3. Upon failure of all the parties to appear, in person or by counsel, dismiss the

case for want of prosecution, without prejudice, at plaintiff's costs.

4. To continue the case for further Pre-Trial procedure.

G. The parties or counsel shall be required upon request before, at, or after any Pre-Trial

conference to provide opposing counsel with a list of names, identities and whereabouts

of those witnesses counsel expects to call at the trial. The refusal or willful failure of

any counsel to disclose a witness may render evidence by that witness inadmissible at

the trial.

H. All Pre-Trials in criminal cases must be had with the prosecutor's office only and the

court will not participate in any plea negotiation discussions. All Pre-Trials must be

completed no later than two (2) weeks prior to the date set for the trial, unless otherwise

ordered by court. Defendant or his counsel has the responsibility to set up appointments

with the prosecutor for such Pre-Trials, unless otherwise ordered by court.

I. Unless otherwise agreed by the parties or ordered by court, fees of prospective jurors

summoned and appearing to hear a civil case shall be assessed as costs against the party

whose final settlement figure pursuant to Pre-Trial conference or order is furthest from

the jury verdict.

J. Presentence Investigation Reports shall be kept confidential pursuant to R. C. Section

2951.03. All copies of such reports shall be returned to the Court immediately

following imposition of sentence. No persons other than the prosecutor, defendant, and

defense counsel shall have access to the Presentence Investigation Report.

RULE 10. TRIAL PROCEDURES.

A. Pursuant to Sup. R. 11, the court may promote or order the use of any device or

procedure which would tend to facilitate the earliest disposition of cases.

B. Only one attorney for each party will be permitted to examine a witness on the trial of

a case unless leave of court is obtained.

C. Spectators and others will be seated in the courtroom on a first-come, first-served basis.

D. The courtroom shall be cleared at all noon recesses.

E. Representatives of the news media shall not question or disclose names or addresses of

prospective or selected jurors or discuss the cause set for trial with them.

F. There shall be no smoking, eating or drinking in the courtroom.

RULE 11. DIVORCE, LEGAL SEPARATION, ANNULMENT & DISSOLUTION

OF MARRIAGE.

A. General.

1. Divorce pleadings and exhibits shall not contain the Social Security numbers,

driver’s license numbers or account numbers for financial accounts. Each party

shall complete a Family Law Sensitive Information Sheet to be submitted to the

Court and to Child Support Enforcement Division. The information is not

available to the public.

2. Parenting investigations in domestic relations matters shall be had only by

agreement of the parties at the parties’ cost, or as ordered by court pursuant to

law. An investigative report shall not be admissible at trial unless otherwise

agreed by the parties or ordered by the Court. See also, subparagraph G of this

Rule regarding guardian ad litem reports.

3. Mandatory Disclosure: Within thirty (30) days of the service of an action for

divorce or legal separation, each party shall submit to opposing party or

counsel:

a. A recent pay stub or equivalent;

b. Tax returns for the prior three tax years including all schedules;

c. A copy of a health insurance card, if any;

d. A list of current monthly expenses;

e. Child care expenses, if any; and

f. Cost of health insurance for the children.

In addition, each party shall cooperate to produce information requested by the

other party in discovery.

B. Mutual restraining orders, emergency ex parte orders and Civil Rule 75 Motions:

1. Upon the filing of a Complaint for Divorce, on its own motion the Court may

automatically issue a standard mutual restraining order as to the parties’ conduct

and assets. The standard mutual restraining order shall be served by the Clerk

of Courts on parties or their counsel. The Clerk shall also serve both parties or

counsel with a copy of Local Rule 11(A)(3) as to Mandatory Disclosure.

2. All ex parte requests shall be by written motion with supporting affidavit stating

with specificity the grounds and facts supporting the allegation of irreparable

harm. Emergency ex parte orders will only be granted where there are exigent

circumstances that may result in irreparable harm for which there is no other

remedy. Any ex parte motion which is denied shall be set for hearing within

twenty-eight (28) days of the request by either party. Any ex parte motion which

is granted shall be set for hearing within twenty-eight (28) days upon request of

either party. Abuse of ex parte motion filing procedures may subject an attorney

or pro se litigant to the imposition of appropriate sanctions, including but not

limited to, an award of attorney’s fees or a finding of contempt.

3. Motions for temporary child support, temporary spousal support, and temporary

allocation of parental rights and responsibilities shall comply with Rule 75(N)

of the Ohio Civil Rules of Procedure and with Local Rules of Court.

4. The Court may make orders for temporary support and/or parenting orders

without oral hearing in accordance with the provisions of Civil Rule 75(B), or

the Court may set such issues for hearing.

5. All ex parte orders for vacation of marital premises by one of the parties shall

recite: “Should ‘J. Doe’ fail to immediately obey this order to vacate, the officer

serving it shall forthwith remove ‘J. Doe’ from the premises.”

6. All orders of temporary support, temporary spousal support, or temporary

parenting orders shall be made in accordance with Geauga County Local Rule

3(B)(2)(b).

7. All temporary orders of spousal support, parenting orders or temporary child

support and/or Health Insurance Order shall become effective on the date of

filing of the Complaint, Answer or Counterclaim, or Motion requesting the

temporary support or parenting order unless the Court in its order specifically

designates a different effective date.

C. After any temporary spousal support, parenting, child support order or Health Insurance

Order is journalized, it may be modified pursuant to oral hearing upon a written request

filed with the Clerk of Courts. A request for oral hearing shall not suspend or delay the

commencement of spousal support or child support payments previously ordered or

change the parenting schedule until the order is modified by order of the Court.

D. Final decree judgment entries shall declare the amount of arrearages due, if any, on

temporary spousal support and child support orders, as of the date of the trial granting

the divorce, otherwise such balance shall be deemed zero.

E. Local Rules 6(F), 8(A), 8(B), and 8(C) shall also apply in actions for divorce, legal

separation, and dissolution of marriage.

F. Standard Parenting Time Guidelines: R.C. § 3109.051(F)(2).

Liberal time between parents and their children is encouraged. It is hoped that the

parties can voluntarily arrive at mutually agreeable schedules. In the event they cannot

agree, and unless otherwise ordered, parenting time shall not be less than the following:

1. Weekdays and Weekends.

a. Children from Birth to Two Months.

Two weekly times for two hours on the days and times the parties can

agree. If the parties cannot agree, then the days shall be every Saturday

from 2:00 p.m. to 4:00 p.m. and every Tuesday from 6:00 p.m. to 8:00

p.m.

b. Children Two Months to 12 Months.

Two weekly times for 2-6 hours on the days and times the parties can

agree. If the parties cannot agree, then the days shall be every Tuesday

from 5:00 p.m. to 8:00 p.m. and every Saturday from 2:00 p.m. to 8:00

p.m.

c. Children 12 Months to 24 Months.

Every Wednesday from 5:00 p.m. to 8:00 p.m. and every weekend from

Friday at 6:00 p.m. to Saturday at 6:00 p.m.

d. Children 24 Months and Older.

Every Wednesday from 5:00 p.m. to 8:00 p.m. and alternating weekends

from Friday at 6:00 p.m. to Sunday at 6:00 p.m.

2. Holidays.

EVEN ODD YEARS and DAYS/TIMES

a. Martin Luther King Day father mother 9:00 a.m. to 8:00 p.m.

b. President’s Day mother father 9:00 a.m. to 8:00 p.m.

c. Easter Sunday father mother 9:00 a.m. to 8:00 p.m.

d. Memorial Day mother father 9:00 a.m. to 8:00 p.m.

e. Fourth of July father mother 9:00 a.m. to 11:00 p.m.

f. Labor Day mother father 9:00 a.m. to 8:00 p.m.

g. Thanksgiving mother father 6:00 p.m. Wed. to Fri. at 8:00 p.m. father

mother 8:00 p.m. Fri. to Sun. at 8:00 p.m.

h. Christmas Eve mother father 9:00 a.m. 12/24 to 10:00 a.m. 12/25

i. Christmas Day father mother 10:00 a.m. 12/25 to 8:00 p.m. 12/26

j. New Year’s Eve mother father 6:00 p.m. 12/31 to 1:00 p.m. 1/1

k. New Year’s Day father mother 1:00 p.m. to 8:00 p.m.

3. Days of Special Meaning.

a. Mother’s Day shall be spent with the mother from 9:00 a.m. to 8:00 p.m.

b. Father’s Day shall be spent with the father from 9:00 a.m. to 8:00 p.m.

c. The children’s birthdays shall be spent with the mother in even-

numbered calendar years, and with the father in odd-numbered years.

Parenting time shall be from 5:00 p.m. to 8:00 p.m. if the birthday is on

a school day, and from 9:00 a.m. to 8:00 p.m. if the birthday is not on a

school day. Siblings shall be included in the birthday parenting time.

d. Each parent’s birthday shall be spent with that parent from 5:00 p.m. to

8:00 p.m. if the birthday is on a school day, and from 9:00 a.m. to 8:00

p.m. if the birthday is not on a school day.

4. Winter Break. Winter break shall be divided equally between the parties. In

odd-numbered years, the mother shall have the children the first half, and the

father shall have the children the second half of winter break. In even-numbered

years, the mother shall have the children the second half, and the father the first

half of winter break. Winter break begins at 6:00 p.m. on the last day of school

before the break and ends at 6:00 p.m. the day before school recommences.

Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day shall not

be included in calculating the equal number of days to which each parent is

entitled.

5. Spring Break. Spring break shall be divided equally between the parties. The

parent having possession on Easter Sunday shall have possession during the

half of spring break that includes Easter Sunday, or the second half of the spring

break if spring break does not include Easter Sunday; the other parent shall have

possession during the other half of the spring break. Spring Break begins at 6:00

p.m. on the last day of school before the break, and ends at 6:00 p.m. on the day

before school recommences. Easter Sunday shall not be included in calculating

the equal number of days to which each parent is entitled.

6. Summer Vacation.

a. Children Age 12 Months To 24 Months.

Two weeks parenting time for each parent, to be exercised in periods of

no longer than one week at a time.

b. Children 24 Months and Older.

Three weeks parenting time for each parent, to be exercised in periods

of no longer than two consecutive weeks at a time.

The non-possessory parent shall provide written notice to the other parent by

May 1 each year of the dates he or she intends to exercise summer vacation

parenting time. The possessory parent shall provide written notice to the other

parent by May 15 each year of the dates he or she intends to exercise summer

vacation parenting time. If there is a conflict between the parties as to the dates

of summer vacation parenting time, the father’s dates shall be given priority in

odd numbered years, and the mother’s dates shall be given priority in even

numbered years. Vacation possession must be exercised in minimum periods of

seven (7) days. Unless otherwise agreed, summer vacation parenting time shall

begin on Sundays at 6:00 p.m.

7. Telephone Contact. Each parent may have telephone contact with the children

once per day when the children are with the other parent. Each parent has the

right to reasonable calls when the child is on vacation with the other parent.

Telephone calls should be made during the normal hours the child is awake,

and if the child is unavailable, each parent shall take the responsibility of seeing

that the child timely returns the call. The child should be permitted to call the

other parent if the child so requests. Telephone calls shall be reasonable in

duration and not disruptive to the parenting time of the parent in possession.

The same rules shall apply with respect to texting and other forms of electronic

communication.

G. General Rules for Parenting Time.

1. Precedence.

a. Holiday parenting time and days of special meaning shall take

precedence over all other parenting time.

b. Vacation parenting time shall take precedence over regular

weekend/midweek parenting time.

c. If a holiday or day of special meaning falls on a day immediately

preceding or following that parent’s regular parenting time, then the

parenting time will be continuous.

d. A holiday or day of special meaning that falls on a weekend shall be

spent with the parent who is designated to have the children for that

holiday, and the other parent shall have the children for the rest of the

weekend.

e. The alternating weekend schedule shall not change, even if interrupted

or superseded by holiday, birthday, vacation, make-up, or other

parenting time.

f. Midweek or weekend parenting time that is missed due to the other

parent’s exercise of holiday, vacation or other special parenting time

does not have to be made up.

2. Older Siblings. If a parent is exercising parenting time with the older sibling[s]

of an infant child, the parenting time (except summer vacation, but including

holidays, school breaks, and other special parenting time) set forth above for

children ages 24 months and older shall govern infant visitation once the infant

is twelve months old.

3. Vacation Destination. Each parent must provide the other parent with

destination, times of arrival and departure, method of travel, and a telephone

number where the parent may be reached, if the vacation will be outside the

traveling parent’s community.

4. Summer School. Summer school necessary for the child to pass to the next

grade must be attended. Summer vacation parenting time may be scheduled

during a mandatory summer school period, but the parent exercising parenting

time must ensure that the child attends all classes.

5. School Calendar. If the children are not registered for school, for example if

they are home schooled, or not of school age, summer, winter, and spring

vacations will be determined based on the public school district in which the

primary residential parent resides.

6. Promptness. Neither parent shall be more than thirty (30) minutes late picking

up the children. If the non-residential parent is more than thirty (30) minutes

late, parenting time is forfeited and shall not be made up. The parent with

possession of the children shall make sure that the children are ready to be

picked up at the scheduled time.

7. Notice of Intent to Relocate. A residential parent who intends to move from

the residence specified in any order granting parenting time, shared parenting,

custody or visitation must immediately file with the undersigned judge a Notice

of Intent to Relocate. At the same time, copies of said Notice shall be served

upon the other parent and the Geauga County Child Support Enforcement

Division. Said Notice must be filed as soon as possible after the parent learns

of the move. The Notice shall specify the time and place of relocation. The

residential parent may seek, by motion, an order pursuant to R.C. § 3109.054(G)

that the other parent not be provided a copy of such Notice.

In addition, each parent is prohibited from permanently removing a child from

Geauga County or its contiguous counties (Cuyahoga, Summit, Lake,

Ashtabula, Trumbull and Portage) without first obtaining the written consent of

the other parent or a court order granting permission to remove the child.

If a parent files a Notice of Intent to Relocate, either parent may file a motion

to modify the possession schedule.

8. Cancellation. A parent shall give twenty-four (24) hour advance notice if the

parent intends to cancel parenting time if possible. If not possible, then

notification shall be as soon as possible under the circumstances. This time is

forfeited and shall not be made up.

9. Transportation. The parent who is beginning his or her possessory period

shall pick up the children. Unless otherwise ordered by the court or agreed by

the parties, drop-off and pick-up shall be at the parents’ respective homes.

If either parent is unavailable for the pick-up or delivery of the children, he or

she must use an adult well known to the children and/or the other parent for this

purpose. Any person driving the children must comply with all child restraint

laws, including those pertaining to car seats. No person transporting the children

may be under the influence of drugs or alcohol. Only licensed drivers may

transport the children.

10. Illness. If a child is ill, the possessory parent should give twenty-four (24) hour

notice, if possible, to the other parent. The non-possessory parent shall decide

whether the parenting time should go forward. If any parenting time, including

weekend, holiday, birthday or vacation, is missed due to illness, then any

missed parenting time shall commence the first weekend of the other parent’s

time, and shall continue during the other parent’s weekends until made up in

full, including partial weekends if necessary.

11. Prescription Medication. If a parent exercises parenting time when a child is

ill, the possessory parent shall provide the other parent with any prescription

medication and instructions for care of the child.

12. Address and Telephone Numbers. Each parent must, unless the court orders

otherwise, keep the other parent informed of his or her current address and

telephone number, and an alternate telephone number in the event of an

emergency.

13. Children’s Activities. Scheduled parenting time shall not be delayed or denied

because a child has other scheduled activities (with friends, work, lessons,

sports, etc.) The parent shall discuss such activities in advance, including time,

dates and transportation needs, so that the child is not unreasonably deprived of

activities. The parent who has the child during the time of the scheduled activity

is responsible for transportation, attendance, and other arrangements. Neither

parent shall schedule activities that interfere with the other parent’s time

without that parent’s consent. The parent arranging the child’s participation in

the activity should provide all relevant information, including schedules,

contact information, etc., to the other parent as soon as possible. Both parents

are encouraged to attend all of the child’s activities.

14. School work. Parents shall provide time for children to study and complete

homework assignments, even if the completion of work interferes with the

parent’s plans for the children. Each parent is responsible for providing the

other parent all school assignments and books that are necessary for the children

to complete their assignments when in the possession of the other parent.

15. Clothing. Any clothing provided by a parent for the other parent’s possessory

time must be returned upon exchange of possession of the children. If the

clothing must be laundered, it shall be laundered and returned to the other parent

at the following visit.

H. Guardian Ad Litem.

1. A guardian ad litem may be appointed by the Court when requested by either

party or on the Court’s own motion. Requests by a party shall be made in a

timely manner so as not to inconvenience the Court or unduly delay

proceedings.

2. The guardian ad litem is appointed by the Court to assist the Court and the

parties in determining the best interests of the child or children by making an

informed recommendation after investigating the following:

a. Family relationships;

b. The child’s performance and adjustment to school, community, friends,

extended family if appropriate;

c. The child’s health (mental and physical);

d. The mental and physical health of other appropriate family members

and caretakers, including evidence of alcohol and/or drug abuse and/or

sexual abuse;

e. The child’s wishes and desires, if appropriate; and

f. Other factors affecting the child’s best interest.

3. The guardian ad litem shall have access to medical and school records, and shall

be entitled to obtain Court Orders to allow mental and physical health care

providers to provide information regarding the child to the guardian ad litem.

4. The guardian ad litem shall inform the child and others during investigation that

there is no confidentiality obligation on the part of the guardian ad litem.

5. The guardian ad litem shall prepare a written report and recommendation as

ordered by the Court.

6. The guardian ad litem shall attend all proceedings unless excused by the Court.

7. The guardian ad litem may testify at trial, call witnesses, and/or examine

witnesses at trial as may be appropriate to assist the Court in determining the

best interests of the child. The guardian ad litem may utilize subpoenas for the

purpose of calling witnesses and/or obtain documents.

8. The guardian ad litem may not act as legal counsel representing the child, nor

may the guardian ad litem give legal advice or act as a counselor or

intermediary. If the guardian ad litem believes that the child’s best interest

requires an attorney to represent the child, the guardian ad litem may file a

Motion for Appointment of Legal Counsel for the child accompanied by an

Affidavit of the guardian ad litem in support thereof. If the guardian believes

the child or other family members need counseling or other medical or

psychological/psychiatric care, the guardian may file a motion for same with

affidavit in support.

9. The guardian ad litem shall be paid an hourly rate set by the Court with a

retainer set by the Court in its Order of Appointment. The guardian ad litem

shall submit an itemized statement of services rendered at final trial or pursuant

to Court Order. Allocation of fees for the guardian ad litem shall be subject to

modification at trial if the fees were advanced by one or both parties.

I. Mental Health Evaluations.

A mental health professional ("evaluator") may be appointed by the court to evaluate

mental health questions raised by the Court, the guardian ad litem ("GAL"), or any party.

Appointment may be on the Court's own motion at any time or the granting of a timely

motion filed by the GAL or any party.

The evaluator shall perform a mental health evaluation in accordance with the Court's

Order. The evaluator may access the private health information of the parents and children

as well as educational and other relevant information.

The Court's Order expressly authorizes release of protected health information. See 45

C.F.R. 164.512(e). All health care entities must disclose all information covered by the

Court's Order and requested by the evaluator. No health care entity may require a signed

HIPAA release form.

Parties are required to waive their rights to protected health information and must promptly

sign any HIPAA releases requested or demanded.

If a GAL and an evaluator are appointed in the same case, the evaluator and the GAL are

authorized to communicate and to examine one another's reports and records.

The evaluator shall prepare a signed written report, include any recommendations, and

submit it to the Court under seal. It shall not be filed with the Clerk of Courts. Upon

reasonable request, the report will be available to counsel of record and any party for

review. The report shall not be copied, photographed, or removed from the Court.

The evaluator shall attend proceedings as required by the Court, may be called to testify at

trial, and is subject to cross examination concerning the report.

The evaluator shall be paid an hourly rate set by the Court. A retainer may be set by the

Court in its Order of Appointment; additional deposits may be ordered. The evaluator shall

submit an itemized statement of services. Allocation of the evaluator's fee is subject to

modification at trial.

RULE 12. FORECLOSURE, PARTITION AND QUIET TITLE ACTIONS.

A. Preliminary and final judicial reports.

1. Residential property. Parties seeking to foreclose, partition, or quiet title to

residential property of four or fewer units must file preliminary and final

judicial reports. The amount of the treasurer’s lien shall be shown on the

judicial reports.

2. Commercial property. Parties seeking to foreclose, partition, or quiet title

residential real estate consisting of more than four single-family units or

commercial real estate, must file either preliminary and final judicial reports or

a commitment for an owner's fee policy of title.

3. Necessary parties. If the title report or other information shows necessary

parties, other than the county treasurer, have not been joined, the complaining

party shall join them.

4. Sanctions. Failure to timely file the required title reports or owner’s fee policy

of title may result in dismissal of the action without notice. See R.C. §

2329.191.

B. Naming the Geauga County Treasurer. The Treasurer need not be made a party

unless the tax lien is challenged or the Treasurer is otherwise a necessary party. In all

cases, taxes and the Treasurer’s lien shall be satisfied as required by law.

C. Mediation may be required. See G.C.R. 31.

D. Service by publication. Service by publication shall conform to law. See R.C. §

2703.141; compare Civ.R. 4.4.

RULE 13. JUDICIAL SALES.

A. Methods of sale.

1. Goods and chattels. All public auctions of goods or chattels shall be

personally conducted by either an officer of the court or an Ohio resident

licensed as an auctioneer. The court may permit a private cash sale. See R.C.

§ 2329.15 and .151.

2. Real estate. The sale of lands shall be conducted by either the Sheriff or,

pursuant to court order, a private selling officer. A “private selling officer” is

an Ohio resident licensed as both as: (1) an auctioneer; and (2) as either a real

estate broker or real estate salesperson. See R.C. §§ 2329.01(B)(2); 2329.151

and 152.

3. Real estate website. When operational, the statewide official public sheriff

sale website and integrated action management system may be used by the

county sheriff. After five years of operation, the county sheriff must use this

system for all residential property sales. See R.C. §§ 2329.153 and .154; see

also §§ 2329.26 and .27.

B. Deposits, taxes, and payments.

1. Sale deposits. A judgment creditor purchasing residential property is not

required to make a sale deposit. All other purchasers must make cash deposits:

a. If the appraised value is ten thousand dollars or less, the deposit is two

thousand dollars;

b. If the appraised value is more than ten thousand dollars and less than

two hundred thousand dollars, the deposit is five thousand dollars; and

c. If the appraised value is more than two hundred thousand dollars, the

deposit is ten thousand dollars. See R.C. § 2329.211.

2. Deductions from proceeds. To the extent of sale proceeds, past due taxes,

assessments, penalties, and interest are deducted. A purchasing plaintiff must

approve any deduction for the current year’s taxes, assessments, penalties, and

interest. For all other purchasers, to the extent of sale proceeds, the current

year’s taxes, assessments, penalties, and interest will be deducted from the

proceeds. Amounts not paid from proceeds remain a lien and must be paid. See

R.C. § 323.47(B).

3. Time to pay. All purchasers must pay the balance due within thirty (30) days

of the confirmation of the sale. See R.C. § 2329.31(B); see also R.C. § 2329.30.

C. Confirmation of sale. The following procedures will be used regarding the

confirmation of sale in foreclosure actions:

1. Purchaser to file motion. The purchaser shall file a motion to confirm within

ten (10) days of sale, at or before which time a hearing date will be set upon

request. If no request for hearing is made, the court shall, by order, dispense

with oral hearing and allow for written opposition. Upon failure of the purchaser

to move to confirm as provided in this Rule, any other interested party may do

so.

2. Hearing. Notice of hearing or time for written opposition shall be given in

accord with Civil Rule 5 to the debtor, creditors, purchaser or other interested

parties unless a judgment entry of confirmation is approved by all parties.

3. Purchaser to file proposed judgment. The purchaser shall file a judgment

entry of confirmation at the conclusion of the confirmation hearing or time for

written opposition.

4. Appraisal fees. Appraiser’s fees shall be taxed as costs in the case and shall be

based upon the following schedule, unless otherwise ordered by the judge

presiding over the case:

a. Fifteen Dollars ($15.00) each on appraisals of vacant land;

b. Twenty-five Dollars ($25.00) each on appraisals of real estate valued by

the appraisers at Thirty-Five Thousand Dollars or less;

c. Thirty-five Dollars ($35.00) each on appraisals of real estate valued by

the appraisers at Thirty-Five Thousand Dollars to Sixty Thousand

Dollars ($60,000.00);

d. Fifty Dollars ($50.00) each on appraisals of real estate valued by the

appraisers at Sixty Thousand Dollars ($60,000.00) to One Hundred

Thousand Dollars ($100,000.00);

e. One Dollar and Fifty Cents ($1.50) each, per Five Thousand Dollars

($5,000.00) or fraction thereof over One Hundred Thousand Dollars

($100,000.00), in addition to the foregoing, on appraisals of real estate

valued by the appraisers at more than One Hundred Thousand Dollars

($100,000.00); and

f. Fifteen Dollars ($15.00) each, in addition to the foregoing, for each bona

fide unsuccessful attempt to appraise, if approved by the judge.

D. Unsold property and expedited foreclosure actions.

1. When property remains unsold, with no sale underway, the county prosecuting

attorney may move for sale at public auction with no set minimum bid twelve

months after foreclosure was decreed. The judgment creditor may redeem

within fourteen days after sale. See R.C. § 2329.071.

2. Expedited foreclosure of judicially declared vacant and abandoned residential

property is available. See R.C. Chapter 2308; see also R.C. § 323.73.

E. Criminal mischief. After service of a summons and complaint, the owner of

residential property in a pending foreclosure is prohibited from knowingly and

purposely diminishing its value. See R.C. § 2308.04.

RULE 14. RECEIVERSHIP.

A. As soon as practicable after his appointment, a receiver shall file an inventory of all

property and assets in his possession unless otherwise ordered by the court.

B. A receiver shall file reports of receipts and of all monies disbursed by him (with receipts

for same) and of his acts and transactions as receiver within three (3) months thereafter

until discharged or at such other times as the court may direct.

C. Applications for allowance of compensation to receivers or attorneys for receivers shall

be made only upon prior notice to creditors, the debtor, and other persons in interest as

the court may direct. Objections to the final accounting shall be heard at the time set

for court approval of the final accounting; however, such objections shall be in writing

accompanied by a short brief and filed with the Clerk of Courts prior to the hearing on

the final accounting.

RULE 15. GEAUGA COUNTY COMMON PLEAS COURT JURY USE AND

MANAGEMENT PLAN FOR ALL GEAUGA COUNTY JURORS.

A. Opportunity for Service.

1. The opportunity for jury service shall not be denied or limited on the basis of

race, national origin, gender, age, religious belief, income, occupation,

disability, or any other factor that discriminates against a cognizable group in

Geauga County.

2. Jury service is an obligation of all qualified citizens of Geauga County, Ohio.

B. Jury Source List.

1. Pursuant to Court Order, the jury source list shall be obtained from the Board

of Elections' list of registered voters. The Court shall designate a key number

based on the total number of registered voters and the number of jurors needed

for a year of service. The Jury Commissioners shall then receive a computer

printout from the Board of Elections (for example, every 10th name).

2. The jury source list shall be representative and shall be as inclusive of the adult

population in the county as is feasible.

3. The court shall annually review the jury source list to ensure that it is as

representative and inclusive of the adult population in the jurisdiction as is

feasible.

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.

C. Random Selection Procedures. See also G.C.R. 22.

1. Pursuant to Court Order, the jury source list from the Board of Elections shall

be printed out on address labels which shall be utilized to generate individual

names and addresses selected at random during a public jury drawing,

according to law.

2. Departures from the principle of random selection are appropriate only to

comply with lawful exceptions.

D. Eligibility for Jury Service.

All persons shall be eligible for jury service except those who:

a. Are less than eighteen (18) years of age;

b. Are not citizens of the United States;

c. Are not residents of Geauga County;

d. Are not able to communicate in the English language; or

e. Have been convicted of a felony and have not had their civil rights

restored.

E. Term of and Availability for Jury Service.

1. The time that persons are called upon to perform jury service and to be available

shall be the shortest period consistent with the needs of justice in Geauga.

2. Jurors shall be assigned to trial judges for a four-month period. The trial judges

shall schedule assigned jurors as needed on a one day, one trial basis and notify

them to appear. Jurors shall report only as scheduled. They shall not report

every day.

F. Exemption, Excuse, and Deferral.

1. All automatic excuses or exemptions, except Constitutional and statutory

exemptions, from jury service are eliminated.

2. Eligible persons who are summoned may be excused from jury service only if:

a. Their ability to receive and evaluate information is so impaired that they

are unable to perform their duties as jurors and they are excused for this

reason by a judge; or

b. They request to be excused because their service would be a continuing

hardship to them or to members of the public and they are excused by a

judge or a specifically authorized court official.

3. Deferrals for jury service for reasonably short periods of time may be permitted

by a judge or a specifically authorized court official.

4. Requests for excuses and deferrals and their disposition shall be written or

otherwise recorded. Specific uniform guidelines for resolving such requests

should be adopted by the trial judge.

G. 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 should be made available in writing to counsel for

each party on the day on which jury selection is to begin. See questionnaire

attached as Exhibit A.

3. The trial judge shall conduct a preliminary voir dire examination.

Counsel shall then be permitted to supplement that examination using the following

rules on voir dire:

a. The case may not be argued in any way while questioning the jurors;

b. Counsel may not engage in efforts to indoctrinate jurors;

c. Jurors may not be questioned concerning anticipated instructions or

theories of law. This does not prevent general questions concerning the

validity and philosophy of reasonable doubt or the presumption of

innocence;

d. Jurors may not be asked what kind of verdict they might return under

any circumstance; and

e. Questions are to be asked collectively of the entire panel whenever

possible.

4. The judge shall ensure that the privacy of prospective jurors is reasonably

protected, and that the questioning is consistent with the purpose of the voir dire

process.

5. The voir dire process shall be held on the record.

H. 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 at issue fairly and impartially, that individual shall be

removed from the panel. Such a determination may be made on motion of counsel or by

the judge.

I. Peremptory Challenges.

The exercise of peremptory challenges shall be in accordance with the Ohio Civil and

Criminal Rules adopted by the Supreme Court of Ohio and applicable statutory authority.

J. Administration of the Jury System.

1. The responsibility for administration of the jury system in Geauga County is

vested exclusively in the Geauga County Common Pleas Court to the extent

required by law.

2. All procedures concerning jury selection and service shall be governed by Ohio

Rules of Court.

3. Trial judges shall manage individual jurors and panels assigned to them.

K. Notification and Summoning Procedures.

1. The notice by the trial judge summoning a person to jury service and the

questionnaire eliciting essential information regarding that person shall be:

a. Combined in a single mailing;

b. Phrased so as to be readily understood by an individual unfamiliar with

the legal and jury systems; and

c. Delivered by ordinary mail.

2. A summons or notice shall clearly explain how and when the recipient must

respond and the consequences of a failure to respond.

3. The jury questionnaire shall be phrased and organized so as to facilitate quick

and accurate screening and shall request only that information essential for:

a. Determining whether a person meets the criteria for eligibility;

b. Providing a basic background information ordinarily sought during voir

dire examination; and

c. Efficiently managing the jury system.

4. Policies and procedures shall be established by the trial judge for monitoring

failures to respond to a summons or notice and for enforcing a summons or

notice to report for jury service. Sanctions shall be imposed in the discretion of

the trial judge as authorized by law.

L. Monitoring the Jury System.

The Court shall collect and analyze information regarding the performance of the jury

system annually in order to evaluate:

1. The representativeness and inclusiveness of the jury source list;

2. The effectiveness of qualification and summoning procedures;

3. The responsiveness of individual citizens to jury duty summonses;

4. The efficient use of jurors; and

5. The cost-effectiveness of the jury management system.

M. Juror Use.

1. The Court shall employ the services of prospective jurors so as to achieve

optimum use with a minimum of inconvenience to jurors.

2. The Court shall determine the minimally sufficient number of jurors needed to

accommodate trial activity. This information and appropriate management

techniques should be used to adjust both the number of individuals summoned

for jury duty and the number assigned to jury panels.

N. Jury Facilities.

1. The Court shall provide an adequate and suitable environment for jurors.

2. The entrance and registration area shall 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.

O. Juror Compensation.

1. Persons called for jury service shall receive a fee for their service and expenses

pursuant to statutory authority.

2. Such fees shall be paid promptly.

3. Employers are prohibited from discharging, laying-off, denying advancement

opportunities to, or otherwise penalizing employees who miss work because of

jury service as provided by law.

P. Juror Orientation and Instruction.

1. The Court shall have an orientation program:

a. Designed to increase prospective jurors' understanding of the judicial

system and prepare them to serve competently as jurors; and

b. 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.

3. The trial judge shall:

a. Give preliminary instructions to all prospective jurors;

b. Give instructions directly following empanelment of the jury to explain

the jury's role, the trial procedures including notetaking and questioning

by jurors, the nature of evidence and its evaluation, the issues to be

addressed, and the basic relevant legal principles;

c. 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 should be made available to the jurors during

deliberations;

d. Prepare and deliver instructions which are readily understood by

individuals unfamiliar with the legal system; and

e. Utilization of written instructions is preferable.

f. Before dismissing a jury at the conclusion of a case, the trial judge

should:

i. Release the jurors from their duty of confidentiality;

ii. Explain their rights regarding inquiries from counsel or the

press;

iii. Either advise them that they are discharged from service or

specify where they must report; and

iv. Express appreciation to the jurors for their service, but not

express approval or disapproval of the result of their

deliberation.

4. All communications between the judge and members of the jury panel from the

time of reporting to the courtroom for voir dire until dismissal shall be in writing

or on the record in open court. Counsel for each party shall be informed of such

communication and given the opportunity to be heard.

Q. Jury Size and Unanimity of Verdict.

Jury size and unanimity of verdict in civil and criminal cases shall conform with existing

Ohio law.

R. Jury Deliberations.

1. Jury deliberations should take place under conditions and pursuant to

procedures that are designed to ensure impartiality and to enhance rational

decision-making and shall conform with existing Ohio law.

2. The judge should instruct the jury concerning appropriate procedures to be

followed during deliberations.

3. A jury should not be required to deliberate after a reasonable hour unless the

trial judge determines that evening or weekend deliberations would not impose

an undue hardship upon the jurors and are required in the interest of justice.

4. Training shall be provided to personnel who escort and assist jurors during

deliberation.

S. Sequestration of Jurors.

1. A jury should be sequestered only for good cause, including but not limited to

insulating its members from improper information or influences.

2. The jury shall be sequestered after a capital case is submitted to the jury in

conformity with existing Ohio law.

3. 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.

4. Standard procedures should be promulgated to:

a. Achieve the purpose of sequestration; and

b. Minimize the inconvenience and discomfort of the sequestered jurors.

5. Training shall be provided to personnel who escort and assist jurors during

sequestration.

RULE 16. WITHDRAWAL OF COUNSEL.

A. Entry of Appearance. All entries of appearance of counsel in any action shall be in

writing. In civil cases, entry of appearance may be accomplished by signature of

counsel on a pleading, motion, or letter to the Court. In criminal cases, entry of

appearance shall be on a court adopted form or by letter to the Court.

B. Admission pro hac vice: Out-of-state attorneys who have not been admitted practice

law in the State of Ohio may apply to the court for admission pro hac vice on a case-

by-case basis. The application must be copied to all other counsel or unrepresented

parties.

C. Counsel who have entered an appearance shall remain as counsel of record until the

case is concluded or counsel is granted leave to withdraw by the Court. Counsel may

seek leave to withdraw by written motion made seasonably before trial or hearing.

Motion for leave to withdraw as counsel shall contain:

1. Grounds on which leave to withdraw is being sought;

2. The name of the successor counsel, if available;

3. Counsel’s certification that the client has been advised of the dates of all

scheduled matters and the arrangements have been made for delivery of the

client’s file to the client or successor counsel; and

4. The client’s written consent to counsel’s withdrawal OR counsel’s certification

that that client has been served with a copy of the motion by certified mail and

that the client has been advised of the right to object to counsel’s withdrawal

within 14 days of service of the motion by filing a statement of objections with

the Court, OR counsel’s certification that after reasonable effort he/she is

unable to locate the client.

RULE 17. CONTINUANCES.

A. The continuance of a scheduled trial or hearing is a matter within the discretion of the

trial court for good cause shown.

B. When a continuance is requested by reason of the unavailability of any witness, at the

time scheduled for trial or hearing, the trial court shall consider the feasibility of

resorting to the several methods of recording testimony permitted by the Civil Rules

and the use of such recorded testimony in the scheduled trial.

C. No party shall be granted a continuance of a trial or hearing without a written statement

from movant's counsel, stating the reason for the continuance and such statement shall

be made part of the record. A continuance shall not be granted to any party without first

setting a new date for the trial or hearing, and if the earliest possible new date will cause

unreasonable delay under the circumstances of the case, a continuance will not be

granted.

D. Sup. R. 41, as amended from time to time, is hereby incorporated in these Local Rules.

RULE 18. NOTARY PUBLIC COMMISSION.

A. Every person desiring to secure from the Judge of the Court of Common Pleas of

Geauga County, Ohio, a certificate as to his or her qualifications and ability to

discharge the duties of the Office of Notary Public, must first be found competent to

discharge such duties by a member of the Geauga County Bar Association Committee

on appointment of Notaries Public.

B. The following rules govern Notary Committee Action:

1. A Notary Public Committee is hereby created to serve at the pleasure of the

Common Pleas Judges, the three (3) members to be appointed on the

recommendation of the President of the Geauga County Bar Association.

2. All applications for the position of Notary Public in Geauga County must pass

the examination as established by the Notary Public Commission, unless

otherwise qualified by law.

3. The application, review session, and examination fee is $40.00. The Instruction

book for Notary Public is $5.00. All applicants shall attend the review session

prior to taking the examination.

4. All notaries applying for renewal must make application to the Notary Public

Commission and pay a fee of $20.00.

5. The Committee shall before December 31 of each year, report all funds received

and disbursed and pay over any remaining funds to the Treasurer of the Geauga

County Bar Association.

RULE 19. USE OF VIDEOTAPE.

Sup. R. 13 is hereby incorporated herein and made part of the Rules of this court.

RULE 20. CHILD SUPPORT ENFORCEMENT DIVISION.

A. Upon filing of an order for child support or spousal support, a copy of such order shall

be furnished to the Geauga County Child Support Enforcement Division by the Clerk

of Courts. The Child Support Enforcement Division shall also be furnished with such

necessary information as may be required on forms provided by the Division.

B. All payments of child support and installments of spousal support shall be paid to the

Ohio Child Support Payment Central (CSPC) or the Geauga County Child Support

Enforcement Division, provided, however, direct payment of spousal support may be

ordered consistent with the provisions of R.C. § 3121.441.

C. The Child Support Enforcement Division shall keep accurate records of all support

payments made through it.

RULE 21. MEDICAL CLAIM ARBITRATION (R.C. § 2711.21).

A. The attorney for plaintiff shall advise the trial judge of the filing of any medical claim

as defined by Revised Code 2305.113(E)(3).

B. If all parties agree in writing to submit the medical claim to nonbonding arbitration in

conformance with Revised Code 2711.21(A), the case shall proceed to arbitration as

hereinafter provided by these rules.

C. Within ninety (90) days after receiving the parties’ written agreement, the court shall

submit the controversy to an arbitration board of three (3) persons each of whom shall

be named by the court as follows:

1. One person designated by the plaintiff or plaintiffs;

2. One person designated by the defendant or defendants;

3. One person, who shall be chairperson, designated by the court; and

4. Designations by the parties shall be made to the court within thirty (30) days

after submission of the parties’ written agreement.

D. Upon completion of their service, the arbitrators shall each submit itemized statements

of their services and shall receive reasonable compensation based on the extent and

duration of their actual service rendered, as fixed by the court. Such compensation shall

be paid in equal proportions by the parties in interest or, if the medical claim is

accompanied by a poverty affidavit, by the court.

E. The arbitration proceedings shall be conducted in Geauga County, Ohio at times and

places set by the Chairperson, after consultation with the other arbitrators. The

proceedings shall be conducted within the time periods specified by the court's order

submitting the controversy to arbitration and naming the arbitrators. Unless all parties

agree, hearings shall not be held on Saturdays, Sundays, legal holidays or in the

evening.

F. Neither the parties, nor their attorneys shall communicate with the arbitrators

concerning the merits of the controversy, except at the regular scheduled hearings of

the arbitration board.

G. All three (3) members of the board shall be present at all hearings unless all the parties

consent, in writing, to a lesser number. In any event, the arbitrators participating in the

final decision and award must have been present at all hearings. Before commencing

trial of the controversy, the arbitrators shall be sworn by some person authorized to

administer oaths, to justly and truly try all issues properly submitted to them.

H. The arbitrators shall have the same powers and duties as a Judge of the Court of

Common Pleas to the extent and in the manner authorized by Revised Code 2711.06

and 2711.07.

I. Strict adherence to the legal rules of evidence shall not be required. Evidence may be

received by oral testimony, affidavit, written deposition, videotape deposition,

interrogatories, or written report and shall be given such weight as the board deems

proper in the circumstances, including any objections to the form of the evidence. The

arbitrators shall be the judges of the admissibility of evidence.

J. Wherever possible, counsel shall, upon request, produce parties and witnesses at

hearing without subpoena. Witness fees shall be taxed as costs and paid in the same

amount and manner as witness fees in Common Pleas cases generally.

K. Any party desiring a record of proceedings before the board shall provide a reporter

and cause a record to be made at his own expense. Any party desiring a transcript shall

be provided it by the reporter upon payment of such reporter's usual charges for trial or

deposition transcripts.

L. Within thirty (30) days after final submission of the controversy to it, the board shall

file its written report and award with the court, signed by a majority of the arbitrators.

If the award is not unanimous, the dissenting arbitrator may, but is not required to, file

a dissenting opinion which shall be attached to and filed with the written report and

award of the majority. Authentic copies of the report and award, together with any

dissenting opinion, shall be provided by the board to each party at the time of filing

same with the court.

M. Any party not accepting the decision (award) of the board shall notify the court and

each other party of such fact, in writing, within thirty (30) days after the filing (with

the court) of the report and award, which notification shall be part of the record in the

case. Thereafter, the case shall proceed to trial in accordance with all applicable rules

of law and procedure.

N. If no notification of non-acceptance is filed as provided herein above the court shall

enter final judgment in accordance with the decision of the arbitration board.

O. The judge to whom the case is assigned shall resolve any disputes regarding procedure

or application of these rules which cannot be resolved by the board. Except as otherwise

provided by law, discovery motions, motions to dismiss and motions for summary

judgment shall be submitted to and determined by the court, not the board. This

provision shall not apply to motions made during the course of hearings before the

board. Except as otherwise provided by law or this Rule 21, matters of Procedure before

the board shall be governed by the Ohio Rules of Civil Procedure and these Rules of

Practice for the Court of Common Pleas of Geauga County, Ohio.

RULE 22. JUROR SELECTION.

A. Technology.

If the court approves the use of magnetic tapes, magnetic discs, punched paper tapes, or

other similar devices, and the use of an automated information retrieval system and visual

display apparatus, such devices and procedures shall include provision for the random

selection of names of prospective jurors, return of names of persons selected but not used

as jurors, public viewing by designated officers or their representatives of the selection

process, printing of venires containing the names and respective residences of the persons

drawn and specifying for what court and for what term they were drawn, safeguards against

unlawful tampering with the encoding device and information storage device or devices,

or unlawful activation of the automated information retrieval system.

B. Random Selection of Names of Prospective Jurors.

The annual jury list and the updated annual jury list shall be thoroughly intermixed or

"randomized" and they shall also be randomized before each venire is drawn pursuant to

Revised Code 2313.19. They shall be randomized before a grand jury is drawn and when

a venire is drawn pursuant to a special order of court for capital cases or for any other

purpose.

C. Return of Names of Persons Selected but not used as Jurors.

Pursuant to Revised Code '2313.13, each court may postpone the services of a prospective

juror from one part term of court to another during the same annual jury year. The Jury

Commission shall cause the names of such persons to be listed on the venire of such court

prior to randomization for the venire to be drawn for such court. The number of such

"holdovers" shall be deducted from the number of each venire fixed by general order of the

Common Pleas court pursuant to Revised Code 2313.19.

D. Public Viewing by Designated Officers of Their Representatives of the Selection

Process.

A Judge of the Court of Common Pleas, the Sheriff, the Clerk of Courts of the Court of

Common Pleas, or their duly appointed representatives, shall view the randomization

process, and the printing of the venires, and the Information Technology Department shall

make available additional facilities for public viewing.

E. Printing of Venires Containing the Names and Respective Residences of the

Persons Drawn and specifying for What Court and for What Term They Were

Drawn.

The venires shall be printed on the laser printer in the computer room of the Information

Technology Department. For the purpose of this Geauga County Local Rule only, the word

"court" consists of Common Pleas Court One, Common Pleas Court Two, Probate Court,

Juvenile Court and Chardon Municipal Court. Either Common Pleas Court One or

Common Pleas Court Two shall order the draw of a separate venire for each part term of

court including at least one grand jury venire. "Holdovers" from a venire of prospective

petit jurors shall not be added to a venire drawn for any grand jury.

F. Safeguards Against Unlawful Tampering with the Encoding Device and

Information Storage Device or Devices, or Unlawful Activation of the Automated

Information Retrieval System.

The Information Technology Department shall install such safeguards as will make it

impossible for electors to be added or to be deleted from the annual jury list except as it is

updated by the Clerk of the Jury Commission or by the Jury Commissioners. The date of

each jury draw and the court shall be established by order of the Court of Common Pleas

only. The sequence in which each venire is drawn shall be at random. The Information

Technology Department shall install such further safeguards as to make it impossible to

change the draw number, the court, the precinct code, the venire call number, the birthdate

and voter identification number. The following security levels shall be established by the

Jury Commission for access to the system:

1. Inquire only;

2. Change return dates, exemption codes, home phones, work phones, comments;

and

3. Change return dates, exemption codes, home phones, work phones, comments,

names and addresses.

RULE 23. CITATION OF RULES.

These rules shall be known as the Local Rules of Practice of the Geauga County Court of Common

Pleas and may be cited as "Geauga County Local Rules" or "G.C.R.______".

RULE 24. ARBITRATION.

In order to facilitate and expedite the administration of justice in Geauga County, Ohio, the

following procedures, preliminary to the listing on the active list or trial list of the type of cases

hereinafter described, shall be in effect from and after July 1, 2001.

PART I.

A. Cases for Submission. Every case in which a pre-trial has been conducted and the

amount actually in controversy (exclusive of interest and costs) is Forty-Thousand Dollars

($40,000.00) per claimant or less, except those involving title to real estate, actions in

equity, domestic relations or appeal, may be submitted to, heard and decided by a Board

of Arbitration, consisting of three (3) members of the Bar of Geauga County, Ohio, to be

selected as hereinafter provided in Part II. A case shall be placed upon the Arbitration List

when so ordered at pre-trial or upon written request by counsel for any party after a pre-

trial, by a Judge upon the determination that the amount actually in controversy, exclusive

of interest and costs, is Forty Thousand Dollars ($40,000.00) per claimant or less.

The Court may order a case to be scheduled for trial to the court or jury, without referral to

arbitration.

B. Cases Submitted by Stipulation. The parties in any action which is at issue may

stipulate in writing, before or after pre-trial, that it may be submitted for arbitration in

accordance with this Rule, without monetary limit. Upon the filing of such stipulation, the

action may be ordered upon the Arbitration List.

C. Cases Submitted by Motion. Any party to an action which is at issue and has been

pending at least six (6) months may file a motion that the case be submitted for Arbitration

in accordance with this Rule. The assigned Judge may, in accordance with Local Rule 7

and without the necessity of a hearing, grant such motion and order the case placed upon

the Arbitration List.

PART II.

A. Selection of Arbitrators. In all cases subject to arbitration, the members of the Board

of Arbitration shall be appointed by the Court from the list of members of the Bar of

Geauga County who are qualified and have volunteered to act.

B. Manner of Appointment. The Court shall appoint a panel of three arbitrators, the chair

of which shall be a Notary Public. Upon written agreement of the parties, one arbitrator

may be assigned to hear their case. The parties may agree upon the arbitrator, and/or the

arbitrator shall be appointed by the Court. The arbitrator shall be entitled to receive

compensation equal to the total compensation paid to the Board of Arbitrators of Five

Hundred Dollars ($500.00) pursuant to the schedule in Part V.

C. Composition of Board; Disqualification. Not more than one (1) member of a law

partnership or an association of attorneys shall be appointed to the same Board, nor shall

an attorney be appointed to the Board who is related by blood or marriage to any party or

attorney of record in the case, or who is a law partner or an associate of, or shares expenses

with, any attorney of record in the case.

D. Assignment of Cases. The Court shall, if possible, assign two (2) or more cases to each

Board at the time of appointment. Said cases shall be taken in order from the Arbitration

List.

E. Disclosure. No disclosure of any offers of settlement shall be made to the arbitrators

prior to the filing of the report and award referred to in Part IV.

PART III.

A. Hearings: When and Where Held; Notice; Referral Entry; Deposit. Hearings shall

be held at a place provided by the Chair of the Board of Arbitration. Unless counsel for all

parties and the entire Board agree, the location shall be Chardon, Ohio. Should the Chair

be unable to provide a place for the hearing, the chair shall request another member of the

Board to make such provision. Hearings shall not be held in the courthouse without the

prior approval of the assigning Judge. The Chair shall schedule a hearing not less than

fifteen (15) days nor more than ninety (90) days after the appointment of the Board of

Arbitration and shall notify the arbitrators and the parties or their counsel in writing, at

least ten (10) days before the hearing, of the time and place of the hearing. The ninety (90)

day period may be extended by the Court. No hearings shall be scheduled for Saturdays,

Sundays, legal holidays or evenings, except upon agreement by counsel for all parties and

the arbitrators. In the event of scheduling problems, and upon the Chair's request, the Court

may set the arbitration for hearing by court order. Since sufficient time is available to the

parties prior to the hearing date to settle or compromise their disputes, the hearing shall

proceed forthwith at the scheduled time. Neither counsel nor the parties shall communicate

with the arbitrators concerning the merits of the controversy prior to the commencement

of the hearing.

The Entry referring a case to Arbitration shall include the following:

1. Case referred to Arbitration. Arbitration hearing shall be held and concluded

within ninety (90) days from the date of referral UNLESS THE COURT

APPROVES A REQUEST FOR CONTINUANCE BEYOND SUCH NINETY

(90) DAY PERIOD.

2. Arbitration hearings scheduled prior to Court trials should be given priority.

3. If continuance of a hearing is agreed to by the Chair of the Arbitration Board

upon request of an attorney or a party, the party requesting the continuance shall

have the responsibility of contacting all parties and Arbitration Board members

to obtain a date and time, agreeable to all involved, for the rescheduled hearing

and notifying all parties and Board members in writing of the rescheduled date,

time and place of the hearing. Continuances should be granted by the Chair only

in situations of extreme hardship. Nothing herein shall be construed to permit

an Arbitration Chair to continue an arbitration beyond ninety (90) days from

the date of referral.

B. Oath of Arbitrators. When the whole number of the Arbitrators shall be assembled,

they shall be sworn or affirmed to well and truly try all matters properly at issue submitted

to them, which oath or affirmation may be administered to them by any person having

authority to administer oaths, including any one of their number.

C. Default of a Party. The arbitration may proceed in the absence of any party, who, after

due notice, fails to appear or obtain a continuance. An award shall not be made solely on

the default of a party; the Board of Arbitration shall require the other party to submit such

evidence as it may require to make an award.

D. Conduct of Hearing; General Powers. The three (3) members of the Board, unless

the parties agree upon a lesser number, shall decide the relevancy and materiality of the

evidence offered. Strict adherence to legal rules of evidence shall not be necessary. All

evidence shall be taken in the presence of the arbitrators and parties except when a party is

absent, in default, or has waived the right to be present. The Board may receive the

evidence of witnesses by affidavit or written report and shall give it such weight as they

deem it is entitled after consideration of any objections made to its admission. Each party

is strongly urged to limit presentation of evidence to thirty (30) minutes. If special and

unusual circumstances require additional time, the Chair and the other parties must be

notified in advance.

E. Specific Powers. The Board of Arbitration shall have the general powers of a Court

including, but not limited to, the following powers:

1. Subpoenas. To cause the issuance of subpoenas to witnesses to appear before

the Board and to request the issuance of an attachment according to civil and

local court rules for failure to comply therewith. Counsel shall, whenever

possible, produce a party or witness at the hearing without the necessity of a

subpoena.

2. Production of documents. To compel the production of all books, papers and

documents which they shall deem material to the case.

3. Administering Oaths; Admissibility of Evidence. To administer oaths or

affirmations to witnesses, to determine the admissibility of evidence, to permit

testimony to be offered by depositions, affidavits, reports or otherwise and to

decide the law and the facts of the case submitted to them.

F. Proof of Damages. In actions involving personal injury, damage to property or both,

the following bills or estimates may be offered and received in evidence to prove the value

and reasonableness of the charges for services, labor and material, or items contained

therein and, where applicable, the necessity for furnishing the same, on condition that

copies of the bills to be offered in evidence are provided to the adverse party at least seven

(7) days prior to the arbitration hearing. Adverse parties are not bound by such evidence

and may present evidence to the contrary regarding such bills or estimates.

1. Health Care Bills. Hospital bills on the official letterhead or billhead of the

hospital when dated and itemized; bills of doctors and dentists, when dated and

containing a statement showing the date of each visit and the charge therefor;

bills of registered nurses, licensed practical nurses, or physical therapists and

other healthcare professionals, when dated and containing an itemized

statement of the days and hours of service and the charges therefor; bills for

medicines, eye glasses, prosthetic devices, medical belts, or similar items.

2. Property Repair Bills or Estimates. Property repair bills or estimates when

identified and itemized setting forth the charges for labor and material used in

the repair of the property.

3. Lost Wages. A statement of lost wages signed by the employer, or otherwise

verified, which indicates lost time by date, hourly rate or salary, commissions

and similar information.

G. Exchange of Documentary Evidence. Copies of all documents and/or evidence which

a party intends to introduce at the arbitration, including, but not limited to, medical and

other expert reports, shall be provided to the other party seven (7) or more days prior to the

scheduled arbitration date. For good cause shown, the Board may permit admission of

documents provided to the other party less than seven (7) days before the hearing.

H. Supervisory Powers of Court. The assigned Judge shall have full supervisory powers

with regard to any questions that arise during arbitration proceedings and in the application

of these rules.

I. Witness Fees. Witness fees in any case referred to arbitration shall be the same amount

as fees for witnesses in trials in the Common Pleas Court of Geauga County, Ohio. Witness

fees may be ordered taxed as costs in the case. The costs in any case shall be paid by the

same party or parties to whom taxed as if the case had been tried in the Common Pleas

Court of Geauga County, Ohio.

J. Transcript of Testimony. The Arbitrators shall not be required to make a transcript of

the proceedings before them. Any party desiring a transcript shall provide a court reporter,

cause a record to be made and pay the cost thereof, which shall not be considered costs in

the case. Any party desiring a copy of any transcript shall be provided with it by the court

reporter upon payment thereof.

PART IV.

A. Report and Award. Within seven (7) days after the hearing, the Chair of the Board of

Arbitration shall file the original report and award with the Clerk of Courts and on the

same day shall mail or otherwise provide copies thereof to all parties or their counsel.

An award for each party may not exceed Forty Thousand Dollars ($40,000.00) per

claimant, exclusive of interest and costs, except an award greater than Forty Thousand

Dollars ($40,000.00) per claimant may be made when the parties have consented to

arbitration. The report and award shall be signed by all the members of the Board. In

the event the three members do not agree on the finding and award, the dissenting

member shall write the word "Dissents" before his or her signature. A minority report

shall not be required unless the arbitrator elects to submit the same due to unusual

circumstances. The Clerk of Courts shall docket the original report.

B. Legal Effect of Report and Award; Entry of Judgment. The report and award,

unless appealed from as herein provided, shall be final and shall have the attributes and

legal effect of a verdict. If no appeal is taken within the time and in the manner specified

therefor, the prevailing party shall provide to the Court a judgment in accordance

therewith. After entry of such judgment, execution process may be issued as in the case

of other judgments.

PART V.

A. Member's Compensation. Each member of a Board of Arbitration shall receive a fee

of One Hundred Fifty Dollars ($150.00), and the Chair shall receive Two Hundred Dollars

($200.00), as compensation for services in each case. When more than one (1) case arising

out of the same transaction is heard at the same hearing or hearings, it shall be considered

as one (1) case insofar as compensation of the arbitrators is concerned. The members of a

Board shall not be entitled to receive their fees until after filing the report and award with

the Court. Fees paid to arbitrators shall not be taxed as costs nor follow the award as other

costs.

B. Deposit for Arbitrators' fees. One-half (½) of the Board of Arbitrator's fees in the

amount of Two Hundred Fifty Dollars ($250.00) shall be paid by plaintiff(s), and one-half

(½) of the Board of Arbitrator's fees in the amount of Two Hundred Fifty Dollars ($250.00)

shall be paid by defendant(s). The arbitrators' fees shall be deposited with the Chair or sole

arbitrator at least fourteen (14) days prior to the scheduled arbitration.

IF A PARTY FAILS TO TIMELY DEPOSIT ARBITRATION FEES THE CHAIR,

AFTER NOTICE, MAY CANCEL THE ARBITRATION. UPON

CANCELLATION OF THE ARBITRATION THE CHAIR SHALL NOTIFY THE

COURT. FAILURE TO DEPOSIT ARBITRATION FEES MAY RESULT IN THE

IMPOSITION OF AN APPROPRIATE SANCTION INCLUDING DEFAULT

JUDGMENT, DISMISSAL OF CLAIMS, AND THE AWARDING OF LEGAL

FEES AND EXPENSES TO ADVERSELY AFFECTED PARTIES.

C. Dismissal of Case. In the event that a case is dismissed more than two (2) days prior

to the scheduled hearing, the Board members shall not be entitled to the aforesaid fee. In

the event that a case is settled or dismissed within two (2) days of the hearing, the Board

members shall be entitled to receive said fee. Upon receiving notice that a case has been

settled or dismissed more than two (2) days before the date set for hearing, the Court may

assign another case to the same Board.

PART VI.

A. Right of Appeal. Any party may appeal the award of the Board of Arbitration to the

Common Pleas Court of Geauga County. Appeal by any party shall require a trial de novo

of the entire case on all issues and as to all parties. Separate appeals by each are not

necessary. The right of appeal shall be completed subject to the following conditions,

compliance with which shall be within thirty (30) days after the entry of the award of the

Board on the docket of the Clerk of Courts.

1. Notice of Appeal. The appellant shall file with the Clerk of Courts a notice of

appeal. A copy shall be served upon all parties or their counsel.

2. Repayment of Arbitrators' Fees. The appellant shall pay to the Clerk of

Courts the appellee's portion of the arbitrators' fees in the amount of Two

Hundred Fifty Dollars ($250.00) contemporaneously with filing the appeal. The

sum shall be paid to appellee or appellee's counsel, shall not be taxed as costs

in the case and shall not be recoverable by the appellant in any proceeding.

Failure to pay arbitrators' fees may result in dismissal of the appeal.

3. Poverty Affidavit and Notice. A party desiring to appeal an award may apply

by a written motion and affidavit to the Court alleging by reason of poverty the

inability to make the payments required for an appeal. If after due notice to the

opposite parties the Court is satisfied of the truth of the statements in such

affidavit, the Court may order that the appeal of such party be allowed although

the said amounts are not paid by the appellant.

4. Withdrawal of Appeal. An appeal of an award of the Board of Arbitration filed

hereunder may be withdrawn only upon agreement of all parties to the action.

5. Return to Active List. The case shall thereupon be returned to the assigned

Judge for trial de novo.

B. Prevailing Party. In order to recover costs upon trial de novo, the appellant must

obtain a more favorable result than awarded by the Board of Arbitration.

C. Testimony of Arbitrators on Appeal. In the event of an appeal from the award or

decision of the Board of Arbitration, the arbitrators shall not be called to testify at any

hearing de novo as to the proceedings which occurred before them in their official

capacity as arbitrators.

D. Exceptions and Reasons Therefore. Any party may file exceptions with the Clerk

of Courts from the decision of the Board of Arbitration within thirty (30) days from the

filing of the report and award for the following reasons and for no other:

1. that the arbitrators misbehaved in the conduct of the case, or

2. that the action of the Board was procured by corruption or other improper

means.

Copies of said exceptions shall be served upon each arbitrator within forty-eight (48)

hours after filing, which shall be forthwith set for hearing before the assigned Judge,

and which shall toll the thirty (30) day appeal period until decided by the Court. If such

exceptions shall be sustained, the report of the Board shall be vacated by the Court, and

the case assigned for trial or reassigned for arbitration.

RULE 25. COURT SECURITY POLICY AND PROCEDURES PLAN.

A. Purpose. To ensure security in the Geauga County Courthouse and comply with

Sup. R. 9.

B. Security Policy and Procedure Manual. As soon as practicable, and pursuant to

findings and recommendations of the Geauga County Court of Common Pleas Court

Security Advisory Committee, if any, the provisions of the within plan shall be

amended and a written manual shall be established, pursuant to Ohio Supreme Court

Security Standard 1.

C. Security Advisory Committee. A local security advisory committee has been

appointed by court order and shall serve as a standing committee to aid and assist in

the amendment and/or implementation of this plan and all other matters affecting

security in and around the Geauga County Courthouse.

D. Security Screening.

1. All persons entering the court facility, including elected officials, court

personnel, attorneys, law enforcement and security officers, shall be subject to

security screening. Screening shall occur for each visit to the court facility

regardless of the purpose during normal working hours (Monday through

Friday between the hours of 7:00 a.m. and 5:00 p.m.). Access at other times

shall be limited to those persons authorized by a judge of the court.

2. To assist in identification of access-authorized persons, the Geauga County

Sheriff may issue photo identification cards to court employees and other

frequent users of the court facility.

3. All ingress to the Geauga County Courthouse shall be through the SOUTH

ENTRANCE; provided, however, that handicapped persons may enter/exit

through the basement handicap access ramp once screened by court security

personnel.

4. A security screening station shall be maintained and staffed by the Geauga

County Sheriff at the SOUTH ENTRANCE Monday through Friday from 7:00

a.m. to 5:00 p.m. Persons who refuse to be screened shall be denied access to

the court facility.

E. Court Security Officers.

1. Uniformed, armed law enforcement officers shall be assigned specifically, and

in sufficient numbers, to court security, to ensure the security of each court and

court facility. Generally, at least one (1) such officer shall be assigned to the

screening station. Additional such officers shall be assigned as needed.

2. All security officers assigned to court security shall receive specific training on

court security and weapons instruction specific to the court setting as

determined by the Geauga County Sheriff or a judge of the court.

F. Weapons.

1. No weapons shall be permitted in the court facility except:

a. Those lawfully carried by court security officers;

b. Those lawfully carried by law enforcement officers acting within the

scope of their employment, including adult parole authority parole and

probation officers;

2. In all cases, law enforcement officers who are parties to a judicial proceeding

as a plaintiff, defendant, witness, or interested party outside of the scope of their

employment shall not be permitted to bring weapons into the court facility.

3. Weapons and/or other property lawfully possessed but not permitted in the court

facility shall be retained at the security screening station for safekeeping and

thereafter returned at the time the possessor leaves the court facility. The sheriff

shall maintain a secure property storage at the screening station.

G. Prisoner Transport.

1. Prisoners shall be transported securely into and within the court facility through

areas which are accessible to the public. When public hallways must be utilized,

prisoners should be handcuffed behind the back and, when appropriate, secured

by leg restraints.

2. Prisoners shall be held in a secure holding area where practicable, while

awaiting court hearings and during any recess.

3. Law enforcement officers shall accompany prisoners in the court facility and to

the courtroom, remain during the hearing and return prisoners to secured

holding areas. Court security officers and bailiffs shall not assume this

responsibility except under exigent circumstances.

H. Duress Alarms. As soon as practicable and economically feasible, courtrooms,

hearing rooms, and work stations shall be equipped as recommended in Ohio Supreme

Court Security Standard 7. In the interim, all courtrooms and hearing rooms shall be

equipped with remote audio duress alarms.

I. Video Surveillance. As soon as practicable and economically feasible, a closed-

circuit video surveillance system shall be designed and installed for the court facility

as recommended in Ohio Supreme Court Security Standard 8.

J. Office Access. To the extent practicable and economically feasible, public and other

access to judges and staff offices and work areas shall be restricted to those having

event-specific business and/or appointments in the court as recommended in Ohio

Supreme Court Security Standard 9.

K. After Hours Security. The Geauga County Sheriff shall, upon request, design and

provide specific security measures for judges and court personnel in emergency and

other circumstances which present security risks at times other than normal working

hours or places other than the court facility. Such measures shall consider those matters

enunciated in the commentary to Ohio Supreme Court Security Standard 10.

L. Structural Design. To the extent practicable, future design and construction/

remodeling shall utilize to the extent practicable and economically feasible, the

principles enunciated in Ohio Supreme Court Security Standard 11.

M. Incident Reporting and Recording.

1. Every violation of law that occurs within a court facility shall be reported to the

law enforcement agency having jurisdiction, and to the presiding judge of the

court.

2. The presiding judge shall maintain a log of security incident reports. Each

security incident shall be separately reported, in writing, to the presiding judge

of the court by the security officer who processes it.

3. On or before January 15th of each year, the presiding judge of the court shall

prepare a tabulation of the prior year's security incidents and submit it to the

Supreme Court of Ohio.

4. The Geauga County Sheriff shall devise a standard incident reporting form for

security officer use.

5. A "security incident" is any disruption within the court facility which requires

or results in processing by a security officer or other law enforcement officer.

RULE 26. EXPERT WITNESSES.

A. Since Ohio Civil Rule 16 authorizes the Court to require counsel to exchange the

reports of medical and expert witnesses expected to be called by each party, each

counsel shall exchange with all other counsel written reports of medical and non-party

expert witnesses expected to testify in advance of the trial. The parties shall submit

expert reports in accordance with the time schedule established by the Court. The party

with the burden of proof as to a particular issue shall be required to first submit expert

reports as to that issue. Thereafter, the responding party shall submit opposing expert

reports within the schedule established by the Court. Upon good cause shown, the Court

may grant the parties additional time within which to submit expert reports.

B. A party may not call a non-party expert witness to testify unless a written report has

been procured from the witness and provided to opposing counsel. It is counsel's

responsibility to take reasonable measures, including the procurement of supplemental

reports, to ensure that each report adequately sets forth the non-party expert's opinion.

However, unless good cause is shown, all supplemental reports must be supplied no

later than thirty (30) days prior to trial. The report of a non-party expert must reflect

his opinion as to each issue on which the expert will testify. A non-party expert will

not be permitted to testify or provide opinions on issues not raised in his report.

C. All non-party experts must submit reports. If a party is unable to obtain a written report

from a non-party expert, counsel for the party must demonstrate that a good faith effort

was made to obtain the report and must advise the Court and opposing counsel of the

name and address of the expert, the subject of the expert's expertise together with his

qualifications and a detailed summary of his testimony. In the event the non-party

expert witness is a treating physician, the Court shall have the discretion to determine

whether the hospital and or office records of that physician's treatment which have been

produced satisfy the requirements of a written report. The Court shall have the power

to exclude testimony of the expert if good cause is not demonstrated.

D. If the Court finds that good cause exists for the non-production of a non-party expert's

report, the Court shall assess costs of the discovery deposition of the non-complying

expert against the party offering the testimony of the expert unless, by motion, the

Court determines such payment would result in manifest injustice. These costs may

include the expert's fee, the Court reporter's charges and travel costs.

E. If the Court finds that good cause exists for the non-production of a report from a non-

party treating physician, the Court shall assess costs of the discovery deposition of the

physician equally between the Plaintiff and the party or parties seeking discovery of

the expert. These costs may include the physician's fee, the Court reporter's charges

and travel costs.

F. A party may take a discovery deposition of their opponent's nonparty medical or expert

witness only after the mutual exchange of reports has occurred. Upon good cause

shown, additional time after submission of both sides’ expert reports will be provided

for these discovery depositions if requested by a party. If a party chooses not to hire an

expert in opposition to an issue, that party will be permitted to take the discovery

deposition of the proponent's expert. Except upon good cause shown, the taking of a

discovery deposition of the proponent's non-party expert prior to the opponent's

submission of an expert report constitutes a waiver of the right on the part of the

opponent to call an expert at trial on the issues raised in the proponent's expert's report.

RULE 27. REPRODUCTION OF HOSPITAL RECORDS.

A. Upon motion of any party showing good cause and upon notice to all other parties and

the individuals who is the subject of the reports, the Judge may order any hospital by

any agent competent to act in its behalf, to reproduce all or any portion of designated

hospital records, not privileged, which constitute or contain evidence pertinent to an

action pending in this Court. The order shall direct the hospital to describe by cover

letter 'the portion or portions of the records reproduced and any omissions and specify

the usual and reasonable charges. The order shall designate the person or persons to

whom such reproductions shall be delivered or made available.

B. Objections to the admissibility of such reproduced hospital records on the grounds of

materiality or competency shall be deemed reserved for ruling at the time of trial

without specific reservation in the order to reproduce. Reproductions made pursuant to

'this procedure may be admitted in evidence without further identification or

authentication but subject to rulings or objections impliedly or specifically reserved

unless the order expressly provides otherwise.

C. Charges for reproduction of its records shall be paid directly to the hospital by the

movant or movants, unless otherwise ordered by the Court.

D. Where original records are produced in Court and reproductions subsequently

substituted by agreement of the parties or by order of the Court, the movant or movants

shall be responsible for the cost. Unless otherwise ordered by the Court, all original

records shall be returned by the Court reporter to the hospital upon entry of judgment

in this Court.

RULE 28. RECORD OF PROCEEDINGS, TRANSCRIPTS, EXHIBITS.

A. Proceedings before the Court shall be recorded by stenographic means, audio electronic

recording devices, or video recording systems as ordered by the Court.

B. The record of proceedings or appropriate portions thereof must be transcribed in written

form by the court reporter or such other person as designated by the Court for purposes

of objections to findings of fact in a magistrate’s decision, appeals, or any other matters

requiring the Court’s review of the record.

C. Compensation of the court reporter and such other persons as designated by the Court

for the furnishing of transcripts shall be fixed by Court order.

D. Counsel, parties, and any persons, desiring a transcript of proceedings shall order such

transcript from the court reporter or such other person designated by the Court for the

furnishing of transcripts using forms approved and adopted by the Court.

E. Preparation of the transcript shall not be commenced until there is deposited with the

court reporter or such other person as designated by the Court a sum equal to one-half

of the estimated cost for preparation of the transcript. Upon completion and prior to

delivery of the transcript the remaining balance of the cost for the preparation of the

transcript must be paid to the court reporter or such other person as designated by the

Court. Should the cost for preparation of the transcript be less than the deposit, the

unused portion of the deposit shall be returned to the person who paid the deposit.

F. Counsel or pro se parties shall be responsible for filing transcripts and any exhibits with

the Clerk of Courts for objections to magistrate’s decision, appeals, and all matters

requiring such filing.

G. No person other than the court reporter, or such other person as designated by the Court,

or Clerk of Courts personnel shall disassemble, duplicate, or otherwise copy a transcript

of proceedings. Counsel and/or parties must obtain all copies of transcripts from the

court reporter or such other person as designated by the Court after payment of costs

of such copies as determined by the Court.

H. Pursuant to Sup.R.26(G), exhibits tendered to the court may be retrieved by the party

tendering said exhibits for sixty (60) days from the conclusion of litigation, including

times for direct appeal. Exhibits not retrieved shall be destroyed after expiration.

RULE 29. SERVICE BY PUBLICATION.

Service of Process by Publication for cases in the General Division shall be in accordance with

Civil Rule 4.4 and the following procedure:

A. Except in an action governed by division (D) of this Rule, if the residence of a

defendant is unknown, service shall be made by publication in actions where such

service is authorized by law. Before service by publication can be made, an affidavit of

a party or his counsel shall be filed with the Court. The affidavit shall aver that service

of summons cannot be made because the residence of the defendant is unknown to the

affiant, shall detail all of the efforts made on behalf of the party to ascertain the

residence of the defendant, and shall aver that the residence of the defendant cannot be

ascertained with reasonable diligence.

B. Counsel for a party desiring service by publication shall submit to the Clerk of Courts

the aforementioned affidavit and the proposed legal notice in conformity with Civil

Rule 4.4(A)(1). The Clerk of Court will cause publication pursuant to Civil Rule

4.4(A)(1) by returning said notice to counsel for transmittal to a newspaper of general

circulation in Geauga County. The party desiring service by publication shall arrange

for such publication with a newspaper of general circulation in Geauga County and

shall be responsible for payment of the costs of publication. The costs of publication

may be taxed as costs upon the publisher or its agent filing with the court an affidavit

showing the fact of publication together with a copy of the notice of publication and

the costs for publication.

C. The publication shall contain the name and address of the Court, the case number, the

name of the first party on each side, and the name and last known address, if any, of

the person or persons whose residence is unknown. The publication shall also contain

a summary statement of the object of the complaint and demand for relief, and shall

notify the person to be served that he or she is required to answer within twenty-eight

(28) days after publication. The publication shall be published once a week for six

successive weeks unless publication for a lesser number of weeks is specifically

provided by law. Service shall be complete at the date of the last publication.

After the last publication, the publisher or its agent shall file with the Court an affidavit

showing the fact of publication together with a copy of the notice of publication. The

affidavit and copy of the notice shall constitute proof of service.

D. In a divorce, annulment, or legal separation action, if the plaintiff is proceeding in

forma pauperis and if the residence of the defendant is unknown, service by publication

shall be made by posting and mail. Before service by posting and mail can be made,

an affidavit of a party or the party's counsel shall be filed with the Court. The affidavit

shall contain the same averments required by division (A) of this Rule and, in addition,

shall set forth the defendant's last known address. Upon the filing of the affidavit, the

Clerk of Courts shall cause service of notice to be made by posting in a conspicuous

place in the courthouses in which the General and Domestic Relations Divisions of the

Court of Common Pleas for the county are located and in the following two additional

public places in the county:

1. Geauga County Library in the Township of Middlefield, Ohio; and

2. Geauga County Library in the Township of Chester, Ohio.

The notice shall contain the same information required by division (A) of this Rule to

be contained in a newspaper publication. The notice shall be posted in the required

locations for six (6) successive weeks.

The Clerk shall also cause the complaint and summons to be mailed by ordinary mail,

address correction requested, to the defendant's last known address. The Clerk shall

obtain a certificate of mailing from the United States Postal Service. If the Clerk is

notified of a corrected or forwarding address of the defendant within the six-week

period, that notice is posted pursuant to division (D) of this Rule, the Clerk shall cause

the complaint and summons to be mailed to the corrected or forwarding address. The

Clerk shall note the name, address and date of each mailing in the docket.

After the last week of posting, the Clerk shall note on the docket where and when notice

was posted. Service shall be complete upon the entry of posting.

RULE 30: MEDIATION.

A. Uniform Mediation Act.

The Geauga County Court of Common Pleas General Division incorporates by reference

R.C. Chapter 2710 “Ohio Uniform Mediation Act”.

B. Cases Eligible for Mediation.

1. General. The court may order mediation in any civil action or domestic case

filed in this court. A case may be submitted to mediation as provided in this

rule. The court may issue an order on its own motion, upon the motion of

counsel, or upon the request of a party. The court may order a case to mediation

at any stage of the proceedings.

2. Exceptions. Mediation is prohibited in domestic violence cases pursuant to

R.C. § 2919.25, R.C. § 2919.26, R.C. § 2919.27 and R.C. § 3113.31.

3. Nothing in this division will prohibit the use of mediation in a subsequent

divorce or custody case, even though that case may result in the termination of

the provisions of a protection order.

C. Confidentiality.

1. General. All mediation communications related to or made during the

mediation process are subject to and governed by the Ohio Uniform Mediation

Act, codified in R.C. Chapter 2710. Mediation communications are

confidential, and no one may disclose any of these communications unless all

parties and the mediator consent to disclosure. The court may impose penalties

for any improper disclosures made in violation of this rule. Disputes regarding

confidentiality should first be addressed with the mediator where possible.

By participating in mediation, a nonparty participant, as defined by R.C. §

2710.01(D), submits to the court’s jurisdiction to the extent necessary for the

enforcement of this rule. Any nonparty participant will have the same rights

and duties under this rule as are attributed to parties, except that no evidence

privilege will be expanded.

2. Exceptions.

All mediation communications are confidential with the following exceptions:

a. Parties may share all mediation communications with their attorneys;

b. Certain threats of abuse or neglect of a child;

c. Statements made during the mediation process to plan or hide an

ongoing crime; and

d. Statements made during the mediation process that reveal a felony.

D. Referral to Resources.

The court will maintain resources for the mediation parties, including victims and

suspected victims of domestic violence, encouraging appropriate referrals to legal counsel

and other support services such as Children Services, domestic violence prevention,

counseling, substance abuse and mental health services.

E. Mediator Training and Education.

A mediator must meet the qualifications of and comply with all training requirements of

Sup.R. 16.22, 16.23 and the within Local Rule. A mediator shall promptly advise the court

of any grounds for disqualification or any issue affecting the ability to serve. Upon request,

a mediator shall provide the court documentation indicating compliance with all training

and education requirements so that the court may meet the requirements of Sup.R.

16.24(A)(1)(d). The documentation shall include information detailing the date, location,

contents, credit hours and sponsor of any relevant training.

F. Mediator Selection and Assignment.

The following methods may be used to select the mediator for the case:

1. The court may assign a court-employed mediator to mediate;

2. The court may randomly assign a mediator to the case from the court’s roster

of approved mediators;

3. Specific appointments may be made by the court, taking into consideration the

qualifications, skills, expertise and caseload of the mediator in addition to the

type, complexity and requirements of the case;

4. Parties may select a mediator from the court roster, if any; and

5. Parties may request leave to select a mediator without guidance from the court.

The court is not responsible for the quality of the mediator selected by the

parties in absence of the court’s guidance including, but not limited to,

confirmation of responsibilities, qualifications, education and training

requirements set forth in Sup.R. 16.22 and 16.23. The parties must agree as to

the payment of fees.

G. Procedures.

A party opposed to a court-appointed mediator must file a written objection with the court

within seven (7) days of receiving notice of referral to the mediator, with reasons for the

opposition. Mediation shall be held in Geauga County at a place convenient to the

mediator, unless all parties and the mediator otherwise agree. The mediator shall fix a time

for mediation to occur, not more than sixty (60) days after submission to mediation and

shall notify the parties or their counsel in writing, at least ten (10) days before the mediation

of the time and place of the mediation. The sixty (60) day deadline may be extended once

by the mediator for up to fifteen (15) days. Notwithstanding any continuance, the

mediation shall be held and concluded within ninety (90) days from the date of submission,

unless the court permits a further extension. The initial mediation session shall be

scheduled for a minimum of two (2) hours.

H. Required Documents.

At least seven (7) days prior to the first scheduled mediation session, attorneys shall submit

a Confidential Mediation Case Summary to the mediator, only. Do not file the Confidential

Mediation Case Summary with the court. The Mediation Case Summary shall contain the

following:

1. Summary of material facts;

2. Summary of legal issues;

3. Status of discovery;

4. Listing of special damages; and

5. Settlement attempts to date, including demands and offers.

I. Domestic Violence Allegations.

All parties and counsel shall advise the assigned judge or magistrate of any domestic

violence allegations known to exist, or to have existed in the past, which become known to

them following entry of the order but before the conclusion of all mediation proceedings,

which allegations involve any two or more persons whose attendance is required by the

referral order.

J. Conclusion of Mediation.

Immediately on concluding mediation, the mediator shall report to the court: whether a

settlement was reached, either all or in part and whether all necessary parties attended.

The mediator shall notify the court and the parties if the mediator determines that further

mediation efforts would not be beneficial. If the mediation was successful, the mediator,

parties or counsel, as agreed by the parties, may immediately prepare a written

memorandum memorializing any agreement reached by the parties. The “Mediation

Memorandum” may be signed by the parties and counsel but the signed Memorandum will

not be privileged pursuant to R.C. § 2710.05(A)(1). The “Mediation Memorandum” may

become a court order after review and approval by the parties and their attorneys. No oral

agreement by counsel, the parties, or an officer of the court, is binding unless made in open

Court. No agreement developed in mediation is legally binding until reviewed and

approved by the parties and their attorneys. If an agreement is reached, the parties or their

attorneys shall submit a joint final judgment entry to the court within fourteen (14) days of

the conclusion of the mediation, or at such other time as ordered by the court. If an

agreement is not reached, the case will return to the assigned Judge. Failure to submit an

appropriate judgment entry in a timely fashion may result in dismissal of the case or

imposition of appropriate sanctions. Upon dismissal, court costs and mediator fees shall be

paid as ordered by the court.

K. No Stay of Proceedings.

With the exception of foreclosure cases, all remaining court orders will continue in effect

during any mediation. No order is stayed or suspended during the mediation process except

by written court order. Mediation will not stay discovery, which may continue through the

mediation process in accordance with applicable rules, unless agreed upon by the parties

and approved by the judge or magistrate assigned to the case. The court shall continue to

manage the case by establishing deadlines and placing the matter on the trial docket.

L. Continuances.

It is the court’s policy to determine matters in a timely manner. Cases shall be scheduled

for mediation by the mediator. Continuances of a scheduled mediation will be granted only

by the mediator.

M. Compensation of Mediator and Costs.

With the exception of foreclosure cases, the court will order a mediation fee of Seven

Hundred Dollars ($700.00) payable to the Clerk of Courts for deposit in the Mediation

Fund. The mediator shall be compensated for his/her services at the rate of Six Hundred

Dollars ($600.00) per case. In special and meritorious cases, the Judge may approve fees

in excess of $600.00. Unless otherwise ordered by the court, the mediation fee will be

shared equally between the parties. At any time after a case is filed, the Administrative

Judge may order any party to deposit up to One Thousand Dollars ($1,000.00), in addition

to the usual filing fees, for any case which may require extraordinary expenditures to

implement mediation. The additional fee shall be paid to, and collected by, the Clerk of

Courts. The court may waive costs and fees for an indigent party. A court-employed

mediator shall be compensated as determined by the court. The mediator will not receive

a fee if the case is settled or dismissed at least two days prior to the first mediation hearing

date and mediation fees will be returned to the parties. If the case is settled or dismissed

within two days of the first mediation hearing date, the mediator will receive a fee of Fifty

Dollars ($50.00) and the remainder will be returned to the parties.

N. Attendance; Sanctions.

Parties shall attend all mediation sessions in person unless their attendance has been

excused in advance by the mediator. All persons necessary for authority to settle the case

must attend. The attorney who is primarily responsible for handling the trial of the case

shall also attend the mediation unless excused by the mediator. Failure to attend mediation

without good cause may result in sanctions which may include, but are not limited to, the

award of attorney’s fees and other costs, contempt, or other appropriate sanctions at the

direction of the assigned judge or magistrate.

O. Evaluations, Comments and Complaints.

The court’s policy is to use mediation to benefit the parties, to assist in reaching a resolution

and to provide a process that is timely and flexible and maintains the trust and confidence

of the public. Any mediation participant may submit written comments, complaints, or

feedback regarding the performance of mediators receiving referrals from the court.

P. Public Access.

The mediator’s files, which are neither filed with the Clerk of Courts nor submitted to the

court, shall not be available for public access pursuant to Sup.R. 16.25.

Q. Foreclosure Mediation.

A foreclosure case other than a tax foreclosure may be referred to mediation either: (a) by

the court on its own motion; or (b) the mortgagor may file with the Clerk of Courts a

Request for Mediation on the form prescribed by the court and provide the financial

information as requested within the time frame provided in this rule.

The mortgagor will be provided with a Request for Mediation, Debtor’s Questionnaire for

Foreclosure Mediation and Estimated Monthly Income/Expense Worksheet with the

service of summons. The mortgagor shall file these documents with the court within 21

days after service of summons. Failure to do so may result in the case being denied for

mediation.

Upon the court’s receipt of the mortgagor’s Request for Mediation and other required

documentation, the mediator will review same to determine if the case is appropriate for

mediation. If the court orders mediation, the case proceedings will be stayed until the

conclusion of the mediation process. If the case is not referred to mediation, then the case

will remain on the regular docket.

Foreclosure mediations shall be held and concluded within 180 days from the date of

referral unless extended by the court. The mediator shall immediately advise the court of

scheduled and rescheduled mediation dates. The case will remain in mediation and stayed

until it is dismissed or the mediator has determined that mediation has been unsuccessful.

The mediator shall communicate to the assigned Judge if the mediation has been

unsuccessful. Unsuccessfully mediated cases shall be ordered back on the court’s regular

docket.

The foreclosure mediator shall be compensated for mediation services at the rate of Two

Hundred Dollars ($200.00) per case.

R. Mediations Involving the Allocation of Parental Rights and Responsibilities.

In mediations conducted pursuant to this rule and R.C. § 3109.052, the following rules

apply:

1. If the opposing parties are:

a. Related by blood, adoption, or marriage, or have resided at a common

residence; and

b. Have known or alleged domestic violence at any time prior to or during

the mediation,

Then, the parties and their counsel have a duty to disclose such information to

the mediator.

2. The parties in such a case have a duty to participate in any screening process

and the court may order mediation only if it determines that it is in the best

interest of the parties to proceed to mediation. The court will support such

determination with specific findings of fact.

S. Dispute Resolution Fees.

Pursuant to R.C. § 2303.201(E)(1), the court has ordered a mediation fee payable into the

Mediation Fund, as follows (a) on the filing of each foreclosure action or proceeding, a fee

of Ninety Dollars ($90.00); (b) on the filing of every other civil (including domestic and

domestic post-decree) action or proceeding, a fee of Twenty-Five Dollars ($25.00). Such

additional fees shall be used to implement the procedures set forth in this rule.

All fees collected shall be paid by the Clerk of Courts for deposit with the County Treasurer

who will place the funds from these fees in the court’s Mediation Fund.

If the court determines that the amount of money in the Mediation Fund is more than the

amount sufficient to satisfy the purpose for which the fee was imposed, the court may

declare a surplus in the fund and expend the surplus money for other appropriate court

expenses.

RULE 31:

[RESERVED FOR FUTURE USE]

RULE 32. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT.

A. The purpose of this local rule is to define the requirements and processes that support

a Petitioner’s application for a Certificate of Qualification for Employment (CQE) as

set forth in Revised Code 2953.25 and Administrative Rule 5120-15-01 established by

the Department of Rehabilitation and Corrections (DRC).

B. In order to request a CQE, the Petition for Certificate of Qualification for Employment

(RC 2953.25) [Form A] shall be filed with the Clerk of Courts by the Petitioner. The

Petitioner shall provide the DRC Electronic Petition Number and attach a printed

receipt of electronic Petition if submitted through the DRC. If not submitted

electronically through the DRC, a written Petition must be completed on the form

prescribed by the DRC and attached to the pleading.

C. All Petitions submitted through the DRC shall include electronic access to the

Department of Rehabilitation and Corrections CQE Summary (CQE Summary).

D. Before any action is required to be taken on the Petition, the Petitioner must pay a

deposit in the amount of $250. A Judge or Magistrate may waive some or all of the

deposit otherwise required by this Rule. The Petitioner may submit an Affidavit of

Indigency or other relevant information for the Court’s consideration if requesting a

reduction in the filing fees.

E. All social security numbers and other information that must be excluded from public

record shall be redacted in accordance with the rules of this court and the Rules of

Superintendence. Records or information received by a court to assist the court with

making its decision under Section 2953.25 of the Revised Code, including information

included on a petition, shall retain their character as public or non-public records, as

otherwise provided in law.

F. Upon receipt of a Notice of Petition and the required deposit, the Clerk of Courts shall

assign the Petition a miscellaneous civil case number and randomly assign the matter

to a trial judge.

G. The Court shall obtain a criminal history for the Petitioner, either through the

investigation ordered in support of the Petition or otherwise.

H. The Court shall attempt to determine all other courts in the state in which the Petitioner

has been convicted of or plead guilty to an offense through review of the Petitioner’s

criminal history or other investigation. The Clerk of Courts shall send a Notice to Court

Regarding Petition for Certificate of Qualification for Employment and Submission of

Information Regarding Petition for Certificate of Qualification for Employment to each

court so identified. Such Notice shall be sent via ordinary US mail.

I. The Clerk of Courts shall also send a Notice to Prosecutor Regarding Petition for

Certificate of Qualification for Employment and Submission of Information Regarding

Petition for Certificate of Qualification for Employment to the Prosecuting Attorney of

the county in which the Petition was filed.

J. The Judge or Magistrate shall review the Petition, criminal history, all filings submitted

by the prosecutor or victim in accordance with the rules adopted by the division of

parole and community services, and all other relevant evidence.

K. The Court may order any report, investigation or disclosure by the Petitioner that it

believes is necessary to reach a decision.

L. Once all information requested has been received, the Court shall decide whether to

Grant or Deny the Petition within sixty days, unless Petitioner requests and is granted

an extension of time.

M. The Clerk shall provide a written notice to the Petitioner of the Court’s Decision and

Judgment Entry. If denied, the notice shall include conditions, if any, placed on

subsequent filings and language that a final appealable order has been filed. The Clerk

shall also notify the DRC of the disposition of the petition as required under the

Administrative Rules, and if granted order the DRC to issue the CQE to Petitioner.

RULE 33: ESTABLISHMENT OF SPECIALIZED DOCKET: DRUG COURT

A. Creation. Establishment of Specialized Docket “New Leaf Program” a.k.a. Drug

Court, is created according to the requirements set forth in Sup. R. 36.20-36.29,

Specialized Docket Standards, Appendix I Rules of Superintendence. Participants in

the New Leaf Program will be supervised by a judge, known as the Specialized Docket

Judge, reporting to that judge on a frequent basis along with other New Leaf Program

participants.

B. Goals and Objectives of the New Leaf Program.

1. Goals of the New Leaf Program:

a. Reduce recidivism among individuals with drug and alcohol

dependency issues in the justice system;

b. Increase the number of participants who complete treatment and

integrate their treatment knowledge in their lifestyle; and

c. Improve the participant’s quality of life, including their living

circumstances and prosocial support system.

2. Objectives of the New Leaf Program:

a. Reduce recidivism within a two-year period; and

b. Increase the percentage of participants who obtain stable housing and

employment, and enrolling in education programs within 18 months of

their entry into the program.

C. Legal and Eligibility Criteria for New Leaf Program Admission.

1. Legal Criteria. The New Leaf Program serves those who are charged primarily

with felonies of the fourth or fifth degrees but may include higher-level felonies

upon consultation with the Treatment Team and approval of the Specialized

Docket Judge;

a. Intervention Participant: a person accepted into the New Leaf Program

must meet the legal criteria of Intervention in Lieu of Conviction as set

forth in Ohio Revised Code Section 2951.041. If approved for Drug

Court, the Defendant shall enter a plea of guilty in the case. The Court

shall then stay all criminal proceedings in the matter and transfer the

case to the Drug Court Docket. The Court shall advise the Defendant

that failure to successfully complete the Drug Court Program will result

in an immediate removal of the stay of proceedings, an immediate

adjudication of guilt, and the imposition of sentence, which can include

any penalties permitted by law.

b. Post-Conviction Participant: all other persons accepted into the New

Leaf Program who are eligible to participate and accepted by the

Specialized Docket Judge.

2. Eligibility Criteria.

a. Current charge is community control eligible;

b. Offender is capable of participating in and completing program;

c. Offender demonstrates an interest and willingness to participate in the

treatment program;

d. Offender must be diagnosed with substance abuse dependency.

3. Not eligible.

a. Offender charged with a sex-related offense;

b. Offender has an out-of-county pending case and is not eligible for

community control;

c. Offenders charged with a drug trafficking offense, unless specifically

approved by the Prosecutor and Specialized Docket Judge;

d. Offenders charged with a felony offense of violence as defined in R.C.

§2901.01(A)(9) unless specifically approved by Prosecutor and

Specialized Docket Judge.

D. Referring Defendants to the New Leaf Program.

1. Potential participants can be referred to the New Leaf Program through various

points of entry to include:

a. Prosecutor Referral;

b. Judge Referral;

c. Request of Defense Counsel;

d. Treatment Providers;

e. Probation Officer;

f. Self-referral; and

g. Jail Referral.

2. Referrals can be made at any stage of the case or court process, to include

arraignment, pretrial, pre-plea agreement, change of plea, Intervention in Lieu

of Conviction (R.C. § 2951.041), post-plea (Presentence Investigation),

sentencing, while currently under Court supervision/community control, or as

a result of a community control violation.

3. The referring entity shall contact the New Leaf Program Coordinator who

conducts an initial eligibility screening. If an offender is deemed eligible for

participation, and the offender submits an application, the formal screening and

assessment process is initiated.

E. Case Assignment to the New Leaf Program.

In the event an offender is determined to be eligible for the New Leaf Program, the New

Leaf Program Coordinator shall prepare an entry transferring Defendant’s Case to the New

Leaf Program. Said entry shall be submitted to both the referring judge and the Specialized

Docket Judge for approval and the offender will be formally transferred to the Specialized

Docket.

F. Case Management and Treatment Phases.

1. The New Leaf Program Coordinator shall maintain a New Leaf Program

Description and New Leaf Program Handbook, making it available to all Court

personnel, counsel and criminal defendants who may be eligible for the New

Leaf Program. The New Leaf Program Description and New Leaf Program

Handbook shall set forth rules for the program, the policies and procedures for

urine drug screens and other methods for detecting the presence of drugs and/or

alcohol in a participant’s physical body/system, requirements for the New Leaf

Program phases, graduated sanctions and program incentives. The New Leaf

Program Description and the New Leaf Program Handbook shall be reviewed

at least annually for necessary changes based on the needs of the Court, the

program, its participants and its treatment and other providers. The New Leaf

Program shall provide a copy of the New Leaf Program Description and New

Leaf Program Handbook to the Specialized Dockets Section of the Ohio

Supreme Court upon review and revision of the Handbook;

2. New Leaf Program participants shall be required to complete phases of

treatment as individually necessary and complete all other requirements as

identified in the New Leaf Program Participant Handbook and the New Leaf

Program Participation Agreement. New Leaf Program participants shall comply

with all the rules indicated to them by the Specialized Docket Judge at their

initial appearance. While in the New Leaf Program, the participant shall receive

services to assist in meeting criminogenic needs. Upon graduation from the

New Leaf Program, the participant may be required to remain under community

control or Intervention in Lieu of Conviction sanctions to ensure continued

compliance and success; and

3. Defendant shall execute a New Leaf Program Participation Agreement

accepting the terms and conditions of participation in the New Leaf Program as

set forth in the New Leaf Program Participation Agreement and the New Leaf

Program Handbook, both of which are fully incorporated herein by reference.

G. Sanctions for Non-Compliance.

Sanctions shall be imposed by the Court as a result of non-compliance or a rule violation

by the participant. Sanctions are immediate and may range in severity depending on the

seriousness of the participant’s non-compliance or rule violation. The supervising New

Leaf Program Coordinator communicates to the participant potential responses to program

compliance and non-compliance on an ongoing basis.

H. Completion/Termination.

1. Successful Completion.

a. The Treatment Team and/or a member of the Treatment Team offer a

nomination of a participant for successful completion based on their

review of compliant behavior and accomplishments, to include drug

testing results, violations/sanctions, incentives, treatment compliance

and aftercare activities;

b. The Specialized Docket Judge determines successful completion;

c. In the event of successful completion, each graduate will have a formal

graduation ceremony in which he or she is presented with a Certificate

of Completion;

d. The participant is then transferred to the aftercare component of the

program in which he/she is supported by the Recovery Coach and

established recovery community;

e. Depending on the case type, the underlying case is closed, or in cases

implementing Intervention in Lieu of Conviction, the underlying case is

dismissed.

2. Unsuccessful Termination. This may occur at the discretion of the Specialized

Docket Judge for reasons including, but not limited to:

a. Ongoing non-compliance with treatment or resistance to treatment;

b. New serious criminal convictions or charges;

c. A serious specialized docket infraction or series of infractions; or

d. A serious community control violation or series of violations.

3. In the event of an unsuccessful termination the following may occur:

a. Loss of future eligibility for the Specialized Docket;

b. Further legal action including revocation of Intervention in Lieu of

Conviction, probation or parole violation; or

c. Depending on the circumstances, the participant may be subject to jail

and other penalties.

4. Neutral Discharge or Inactive Status. There may be circumstances in which

the participant receives a Neutral Discharge or is placed on Inactive Status.

These circumstances are set forth in the New Leaf Program Description.

I. Statistical Reports.

For purposes of statistical reports, the case shall be considered disposed of by the assigned

judge when the defendant is sentenced to the New Leaf Program or the Defendant is

ordered into the New Leaf Program as a condition of Intervention in Lieu of Conviction.

RULE 34. COURT TECHNOLOGY PLAN

The Court has adopted and maintains a Court Technology Plan pursuant to Sup. R. 5(E)

which includes:

1. A comprehensive strategy for implementing and maintaining technology solutions for

conducting remote hearings, electronic service, the acceptance of electronic signatures,

and any other technology-related solution utilized by the court; and

2. Procedures for notifying and providing instructions to the public on how to use the

technology solutions implemented by the court and how the solutions will comply with

any accessibility accommodation requirements, including any applicable requirements

of the “Americans with Disabilities Act.”

This plan is available from the office of the Court IT Director.