(A) Adoption of local rules. (1) Nothing in these rules prevents any local rule of practice that promotes the use of any device or procedure to facilitate the expeditious disposition of cases. Local rules of practice shall not be inconsistent with rules promulgated by the Supreme Court.(2) A local rule of practice shall be adopted only after the court or division provides appropriate notice and an opportunity to comment on the proposed rule. If the court or division determines that there is an immediate need for the rule, the court or division may adopt the rule without prior notice and opportunity for comment, but promptly shall afford notice and opportunity for comment.(B)Filing of local rules upon adoption Upon adoption of a local rule of practice, a court or division of a court shall file the rule with its clerk . the clerk of the Supreme Court, and, if the rule relates to the use of information technology, the Supreme Court Commission on Technology and the Courts.(C)Annual filing of local rules On or before the first day of February of each year, each court or division of a court shall do one of the following: (1) File with the clerk of the Supreme Court a complete copy of all local rules of practice of the court or division in effect on the immediately preceding first day of January; (2) Certify to the clerk of the Supreme Court that there were no changes in the immediately preceding calendar year to the local rules of practice of the court or division.(D)Case and jury management plans In addition to local rules of practice adopted pursuant to division (A)(1) of this rule and any other Rule of Superintendence, each court or division of a court, as applicable, shall adopt the following by local rule: (1) A case management plan for the purposes of ensuring the readiness of cases for pretrial and trial, and maintaining and improving the timely disposition of cases. In addition to any other provisions necessary to satisfy the purposes of division (D)(1) of this rule, the plan shall include provisions for an early case management conference, referral to appropriate and available alternative dispute resolution programs, establishment of a binding case management schedule, and a pretrial conference in cases where the trial judge determines a conference is necessary and appropriate. A municipal or county court may establish separate provisions or exceptions from the plan for small claims, traffic, and other types of cases the court determines would not benefit from the case management plan.(2) A jury management plan for purposes of ensuring the efficient and effective use and management of jury resources. In addition to any other provisions necessary to satisfy the purposes of this division, the plan shall address the provisions of the Ohio Trial Court Jury Use and Management Standards adopted by the Supreme Court on August 16, 1993, and procedures for conducting a trial by jury, whether in whole or in part, remotely.(E) Technology plan In addition to local rules of practice adopted pursuant to division (A)(1) of this rule and any other Rule of Superintendence, each court or division of a court, as applicable, shall adopt the following by local rule:
(1) A technology plan for the purposes of ensuring the efficient and effective use of technology in the delivery of services of the court or division. The plan shall include 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 or division. (2) Procedures for notifying and providing instructions to the public on how to use the technology solutions implemented by the court or division and how the solutions will comply with any accessibility accommodation requirements, including any applicable requirements of the "Americans with Disabilities Act."Amended May 8, 2018, effective 6/1/2018; amended March 8, 2022, effective 7/1/2022.Commentary (July 1, 1997)
This rule consolidates several former provisions relating to the adoption of local rules of court. Division (A)(1) recognizes the rule-making authority granted to local courts by Article IV, Section 5(B) of the Ohio Constitution. Division (A)(2) incorporates provisions of the rules of practice and procedure adopted by the Supreme Court that mandate notice and an opportunity to comment prior to the adoption of local rules of court. See the following rules and accompanying 1994 staff notes: Rule 83(B) of the Ohio Rules of Civil Procedure; Rule 57(A)(2) of the Ohio Rules of Criminal Procedure; Rule 45(A) of the Ohio Rules of Juvenile Procedure; and Rule 31(B) of the Ohio Rules of Appellate Procedure.
Division (B) incorporates and modifies the former requirement that a court or division file local rules upon adoption with the clerk of the Supreme Court. Division (C) contains a new requirement that each court and division annually file a complete set of its local rules with the clerk of the Supreme Court or certify that there were no changes to the local rules in the prior calendar year. Together with the requirement that local rules be filed with the Supreme Court upon adoption, this provision will ensure that the Supreme Court has a current, comprehensive set of local rules adopted by each court or division.
Division (D) retains two former requirements that courts and divisions adopt case management and jury management plans as local rules of court. While each court and division must have a case management plan, the requirement of a jury management plan applies only to those courts or divisions that use juries in the hearing and disposition of cases.
Court Security Plans
The former requirement that each court adopt a security plan has been moved to Rule 9 since the plans no longer are required to be included in local rules of court.