Rules of Superintendence for the Courts of Ohio

RULES OF SUPERINTENDENCE FOR THE COURTS OF OHIO

RULES 1 2 3 3.01 3.02 4 4.01 4.02 4.03 4.04 5 5.01 5.02 6 6.01 7 8 9 10 10.01 10.02 10.03

10.04 10.05 10.06 11 12 13 14 14.01 14.02

15 16 16.01 16.02 16.03 16.04 16.05 16.06 16.07 16.08

Applicability: Authority; Citation Definitions Designation or Election of Presiding Judge Powers and Duties of Presiding Judge Presiding Judge Service as Administrative Judge Designation or Election of Administrative Judge Powers and Duties of Administrative Judge Modification or Vacation of Administrative Judge Actions Administrative Judge Relief From Case or Trial Duties Administrative Judge Service as Presiding Judge Local Rules Local Child Restraint Rule Bail Schedule Attorney or Pro Hac Vice Registration Number Appearance Pro Hac Vice Filing of Judgment Entries Court Appointments Court Security Plans Notification Regarding Criminal or Civil Protection Orders Standard Civil Protection Order Forms -- Domestic Relations Division Standard Domestic Violence Criminal Temporary Protection Order Forms Standard Criminal Protection Order Forms, and Standard Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Order Forms Standard Notice Concerning Possession or Purchase of a Firearm Standard Civil Protection Order Forms -- Juvenile Division Inter-Court Communication in Domestic Violence and Related Cases Recording of Proceedings Conditions for Broadcasting and Photographing Court Proceedings Videotaped Testimony and Evidence Declaration of Judicial Emergency Authority of Chief Justice During Judicial Emergency Consultation with Affected Court or Division and Notification of Justices During Judicial Emergency Arbitration Creation of Commission on Dispute Resolution Duties and Authority Membership Terms and Vacancies Chairperson and Vice-Chairperson Secretary Meetings Subcommittees Code of Ethics

RULES 16.09 Annual Report 16.10 Work Product 16.11 Budget 16.12 Compensation 16.13 Reimbursement of Expenses 16.14 Definitions 16.15-16.19 RESERVED 16.20 Application 16.21 Local Mediation Rule 16.22 Responsibilities of Mediator 16.23 Mediator Education and Training 16.24 Responsibilities of Court 16.25 Public Access 16.26-16.29 RESERVED 16.30 Civil Stalking Protection Order Mediation 16.31 Process for Offering Mediation 16.32 General 16.33-16.39 RESERVED 16.40 Government Conflict Resolution Services Program 16.41 Privilege 16.42 Confidentiality 16.43 Public Access to Information 17 Assignment of Judges--Municipal and County Courts 18 Minor Misdemeanors: Violations Bureau--Municipal and County Courts 19 Magistrates 19.1 Magistrates - Municipal Court 20-22 RESERVED 23 Complaint for Abortion without Parental Notification Pursuant to R.C. 2151.85 23.1 Application for Authorization to Consent to an Abortion or for Judicial Consent to an Abortion Pursuant to R.C. 2919.121 24 Notifying Physicians of Affidavits Alleging Abuse Pursuant to R.C. 2919.12 25 Procedure on Appeals Pursuant to R.C. 2151.85, 2919.121, and 2505.073 26 Court Records Management and Retention 26.01 Retention Schedule for the Administrative Records of the Courts 26.02 Courts of Appeals--Records Retention Schedule 26.03 General, Domestic Relations, and Juvenile Divisions of the Courts of Common Pleas--Records Retention Schedule 26.04 Probate Divisions of the Courts of Common Pleas--Records Retention Schedule 26.05 Municipal and County Courts--Records Retention Schedule 27-33 RESERVED 34 Electronic Case Management System Connectivity to the Ohio Courts Network 35 Case Management Section 36 Designation of Trial Attorney 36.01 Definitions 36.011 Individual Assignment System

RULES 36.012 Assignment of Commercial Docket Eligible Cases 36.013 Assignment of Capital Cases 36.014 Assignment to Individual Judge or Particular Session 36.015 Assignment of Case Arising out of Pre-Indictment Matter 36.016 Case Management of Individual Judge Docket 36.017 Assignment of Refiled Cases 36.018 Assignment of Cases to New Judicial Positions 36.019 Assignment of Cases Following a Recusal 36.020 Assignment of Appellate Court Cases 36.02 Creation of Commission on Specialized Dockets 36.03 Duties and Authority 36.04 Membership 36.05 Terms and Vacancies 36.06 Chairperson and Vice-Chairperson 36.07 Staff Support 36.08 Meetings 36.09 Subcommittees 36.10 Code of Ethics 36.11 Annual Report 36.12 Work Product 36.13 Budget 36.14 Compensation 36.15 Reimbursement of Expenses 36.16-36.19 RESERVED 36.20 Specialized Docket Certification 36.21 Submission of Certification Application 36.22 Initial Review of Certification Application 36.23 Substantive Review of Certification Application 36.24 Initial Certification 36.25 Site Review 36.26 Determination on Final Certification 36.27 Specialized Docket Title 36.28 Maintenance of Certification 36.29 Requests for Technical Assistance 36.30 Requests for Extension of Time 36.31 Decertification Process 36.32 Voluntary Discontinuance of Certification 36.33 Magistrate Authority 37 Statistical Reports and Information 37.01 Courts of Appeals Reports 37.02 Courts of Common Pleas Reports 37.03 Municipal and County Court Reports 37.04 Reporting Standards 37.05 RESERVED 37.06 Public Access to Submitted Reports and Information

RULES 37.07 38 39 40 41 42 43 44 45 46 47 48 48.01 48.02 48.03 48.04 48.05 48.06 48.07 49 49.01 49.02 49.03 49.04 49.05 49.06 49.07 49.08 49.09 49.10 49.11 49.12

Requests for Additional Information; Accuracy of Reports Annual Case Inventory; New Judge Inventory Case Time Limits Review of Cases; Dismissal; Rulings on Motions and Submitted Cases Conflict of Trial Court Assignment Dates, Continuances and Engaged Counsel Complex Litigation--Court of Common Pleas Case Numbering--Municipal and County Court Court Records - Definitions Court Records ? Public Access Court Records - Bulk Distribution Court Records ? Application, Remedies, and Liability Application Definitions Appointment of Guardian Ad Litem Responsibilities of Guardian Ad Litem Pre-Service Education Continuing Education Guardian Ad Litem Reports Responsibilities of the Court Definitions Establishment of Commercial Docket Designation or Assignment of Commercial Docket Judges Termination of Commercial Docket Commercial Docket Judge Education Cases Eligible for the Commercial Docket Cases Not Eligible for the Commercial Docket Assignment of Case to the Commercial Docket Review of Transfer to the Commercial Docket Commercial Docket Judge Workload Dispute Resolution Rulings on Motions and Submitted Cases Commercial Docket Case Disposition Time Guideline

Probate Division

50

Definitions

51

Standard Probate Forms

52

Specifications for Printing Probate Forms

53

Hours of the Court

54

Conduct in the Court

55

Examination of Probate Records

56

Continuances

57

Filings and Judgment Entries

58

Deposit for Court Costs

59

Wills

RULES

60

Application for Letters of Authority to Administer Estate and

Notice of Appointment

61

Appraisers

Probate Division

62

Claims Against Estate

63

Application to Sell Personalty

64

Accounts

65

Land Sales - R.C. Chapter 2127

66

Guardianships

66.01 Definitions

66.02 Application of Rules

66.03 Local Guardianship Rule

66.04 Establishment of Guardianship

66.05 Responsibilities of Court Establishing Guardianships

66.06 Guardian Pre-Appointment Education

66.07 Guardian Continuing Education

66.08 General Responsibilities of Guardian

66.09 Responsibilities of Guardian to Ward

67 Estates of Minors of Not More Than Twenty-Five Thousand Dollars

68

Settlement of Injury Claims of Minors

69

Settlement of Claims of or Against Adult Wards

70

Settlement of Wrongful Death and Survival Claims

71

Counsel Fees

72

Executor's and Administrator's Commissions

73

Guardian's Compensation

74

Trustee's Compensation

75

Local Rules

76

Exception to the Rules

77

Compliance

78

Probate Division of the Court of Common Pleas -- Case

Management in Decedent's Estates, Guardianship, and Trusts

79

Dispute Resolution

80 81

81.01 82 82.01 83 84 85 86 87 88

Definitions Supreme Court Certified Foreign Language Interpreters and Provisionally Qualified Foreign Language Interpreters Registered Foreign Language Interpreters Certification for Sign Language Interpreters Registered Sign Language Interpreters Revocation of Supreme Court Certification or Registration Code of Professional Conduct for Court Interpreters and Translators Continuing Education Certification Roster RESERVED Appointment of a Foreign Language Interpreter or Sign Language Interpreter

RULES 89 90 90.01 90.02 90.03 90.04

90.05 90.06

Use of Communication Services in Ancillary Services Definitions Local Parenting Coordination Rule Reasons for Ordering Parenting Coordination Inappropriate Uses of Parenting Coordination Use of Parenting Coordination when Domestic Abuse or Domestic Violence is Alleged, Suspected, or Present General Parenting Coordinator Appointment Qualifications Parenting Coordinator Qualifications in Abuse, Neglect, or Dependency Cases

90.07 90.08 90.09 90.10 90.11 90.12 91-94 95 96

97-98 99

Parenting Coordinator Continuing Education Appointment Order Responsibilities of Court or Division Using Parenting Coordination Responsibilities of Parenting Coordinator During Parenting Coordination Compliance with Guidelines for Parenting Coordination Confidentiality, Privilege, and Public Access RESERVED Notifying Law Enforcement Agencies of Mental Illness Forms for Sealing or Expungement of or Restricting Public Access to Court Records RESERVED Effective Date

TEMPORARY RULES 2.01 Foreclosure and Settlement Event Mediation Training

APPENDICES

A

Statistical Reporting Forms

B

Jury Management Standards

C

Court Security Standards

D

Court Facility Standards

E

Facsimile Filing Standards

F

RESERVED

G

RESERVED

H

Code of Professional Conduct for Court Interpreters and Translators

I

Specialized Dockets Standards

J

Standards for the Use of Telephonic Interpretation

PREFACE

The foundation of our government rests upon the confidence of the people in the ability of their courts to achieve liberty and justice for all under the law. The fair, impartial, and speedy resolution of cases without unnecessary delay maintains this confidence, safeguards the rights of litigants to the just processing of their causes, and earns the trust of the public.

To secure these ends, the Supreme Court of Ohio adopts the following Rules of Superintendence for the Courts of Ohio to serve the public interest that mandates prompt disposition of all causes, at all times, in all courts of this state.

RULE 1. Applicability; Authority; Citation.

(A) Applicability. Except where otherwise provided, these Rules of Superintendence for the Courts of Ohio are applicable to all courts of appeal, courts of common pleas, municipal courts, and county courts in this state.

(B) Authority. These rules are promulgated pursuant to Article IV, Section 5(A)(1) of the Ohio Constitution.

(C) Citation. These rules shall be known as the Rules of Superintendence for the Courts of Ohio and shall be cited as "Sup. R. ."

Commentary (July 1, 1997)

Rule 1 is patterned after Rule 1 of the Rules of Superintendence for Courts of Common Pleas and has been revised to reflect the adoption of uniform superintendence rules. The Rules of Superintendence for the Courts of Ohio are intended to apply to all trial and appellate courts, except the Court of Claims, unless a rule clearly is intended to apply only to a specific court or division of a court.

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