Municipal Rule 2

Local Rule 2 DUTIES OF TRIAL COUNSEL

2.01 DESIGNATION OF TRIAL ATTORNEY & ATTORNEY REGISTRATION

(SUP. R. 6)

Counsel shall, designate as trial attorney on all filings in civil and criminal cases. No defendant will be permitted to sign trial designation forms. No designation of a law firm, public or private, or governmental agency will be accepted.

The designation of trial attorney will be made on the appropriate form.

One (1) copy of the designation form must be filed per case number, unless the case numbers are sequential. If all case numbers are sequential, they must be placed on the form and one copy filed as if they were a single case. All attorneys shall designate their attorney registration number issued by the Supreme Court of Ohio on all documents filed with the court.

2.02 WITHDRAWAL OF TRIAL ATTORNEY

A. Counsel shall be allowed to withdraw from trial counsel responsibility only with the consent of the judge assigned to the case, either by oral motion on date of trial or written motion.  If a request is made for a hearing prior to the next action date counsel must get permission from the Court to schedule the motion.

B. In the absence of judicial assignment, or in the absence of the assigned judge, such application shall be made to the Administrative Judge. No such application will be considered unless a written entry or oral motion is presented stating the reason for the application. The entry or motion will contain the following:

1. The time and date of trial, if set.

2. A certification of service to opposing counsel.

3. Certification that the client has been notified that the attorney is seeking to withdraw from the case. Counsel’s professional statement that, if allowed, a copy of the entry will be mailed immediately to the last known   address of the client.

2.03 CHANGE OF TRIAL COUNSEL

Once trial counsel has been designated, such designation shall remain until termination of the case. Change of trial counsel may be permitted by the judge assigned to the case upon the filing of an entry containing the designation of new trial counsel and the agreement of prior trial counsel and provided such change will not delay the trial of the case.

2.04 MOTIONS FOR CONTINUANCES

(Sup. R. 41)

 

All requests for continuances of a criminal case must be made by motion on the appropriate form.

A copy of the original Judge’s Journal Entry (Judge’s sheet) must be attached for those cases which have been individually assigned.

The movant will state in the body of the motion the reason(s) justifying the continuance. If the opposing party does not object to the granting of the continuance, that fact will be noted on the form and filed with the Assignment Commissioner’s Office which will select a new date and notify the prosecution and defense.

If the opposing party objects to the continuance, that fact will be noted on the motion and filed at the Assignment Commissioner’s Office. The Assignment Commissioner’s Office will schedule the motion for a hearing on the current date unless otherwise directed by the court.  If the judge grants the motion, he or she will sign the entry portion of the form and refer the case to the Assignment Commissioner’s Office for re-setting. If the motion is denied, the judge will note the denial in the space provided.

If the motion for continuance does not have the signature of the prosecutor and Judge, the motion will be scheduled for a hearing on the next action date.

The following information must accompany the filing of the motion for continuance:

1. Each motion shall contain the date, room and time of the present setting.

2. The reason for the continuance must clearly state within the body of the motion ("for good cause shown" does not suffice as a reason).

3. Each motion must be signed by the designated attorney and have their office telephone number contained therein.

2.05 JURY DEMANDS

Jury Demands shall be in writing.

When filing a Jury Demand there must be one (1) Jury Demand per case number, with the following information contained therein:

a. Case number

b. Defendant’s name

c. The date, time, and courtroom in which the case is presently set for trial.

d. If the Jury Demand is filed by an attorney, the attorney's name and telephone number must also appear on each Jury Demand.

If the Jury Demand is filed by an defendant who is not represented, such defendant’s name and telephone number must also appear on each Jury Demand.

The Assignment Commissioner’s Office will set the case according to the Judge's directives.

2.06 PRE-TRIAL MOTIONS - CRIMINAL

1.  All pleadings and motions will be filed with the Assignment Commissioner’s Office in accordance with Criminal Rule 12.  Pre-trial motions must be presented in triplicate for each case number. They must contain the following:

a. Case number

b. Next action setting ( trial, pre-trial, etc. )

c. Name, telephone number and signature of the person presenting it.

d. The name of the assigned judge.

The motion date will be placed on the motion by the Assignment Commission’s Office. Two copies will be retained by the Assignment Commissioner’s Office. The third copy will be returned to the presenter to be filed with the prosecutor.

2.  Instructions for setting a Motion to Suppress – Motion to Dismiss

a. If the case is scheduled for a pretrial, file the motion at the Assignment Commissioner's Office to be accepted for filing.

b. If the case is scheduled for trial, the Assignment Commissioner's staff will accept the filing and add the motion to the trial setting.

c. Attorney/Defendant must serve the City/County Prosecutor.

d. The Prosecutor will be responsible for canceling/re-notifying witnesses.

3.  Instructions for setting a motion for Capias recall.

a. Go to Clerk’s office, Room 113 for attorneys, Room 112 for pro se, of the Justice Center and obtain the appropriate form.

b. Return to the Duty Magistrate/ Duty Judge or Assigned Judge for his/her signature.  If the assigned Judge is not available you may go to the Duty Judge.

c. Go back to the Clerk in Room 113 for attorneys, Room 112 for pro se, to pay the $25.00 Capias fee, if required. The Clerk will assign to arraignment or refer to the Assignment Commissioner’s Office to assign for Pre-trial or Plea or Probation Violation.

d. Attorney/Defendant must serve City/County Prosecutor. If City,  may serve in Room 263 of the Courthouse. If County,  serve at 4th Floor, 230 East Ninth Street.

Note: If Defendant is eligible for Pre-trial Service, Failure to Appear (FTA) Unit, located in Room 116 of the Justice Center, will handle the recall.

2.07 POST-CONVICTION MOTIONS - CRIMINAL

1.  All post-conviction motions will be filed at the Assignment Commissioner's Office. Hearings will be scheduled based upon the Judge's directives.

a. Post-conviction motions must be presented in triplicate for each case number. They must contain the following:

b. Case number.

c. Name of judge or magistrate who convicted the defendant.

d. Name, telephone number and signature of the person presenting the motion.

2.08 NOTICE OF APPEAL - CRIMINAL

All notices of appeal must be filed with the Clerk of Courts, Criminal Division.

2.09 ATTORNEYS RESPONSIBLE FOR TRIAL SETTINGS

Attorneys who accompany their clients to arraignment are expected to respond to the Assignment Commissioner’s Office to assist in the selection of a trial setting date.

Attorneys not responding will have their cases set on the judge’s next available trial date. It is the responsibility of the attorney to ascertain the trial setting date.

2.10 EXPUNGEMENT OF RECORD OF CONVICTION SEALING OF RECORDS:

The Hamilton County Municipal Court will accept applications for expungements/sealing of the record(s) pursuant to Sections 2953.32 and 2953.52, and schedule expungements for hearing at least 45 days from the date of filing for Probation Report.  A statutory $50.00 fee shall be paid to the Clerk of Courts, and proof of payment must be presented before the acceptance of any application for expungement/sealing of the record(s), except that motions to proceed in Forma Pauperis shall be accepted with the application for expungement/sealing of the record(s) without proof of payment of the RC $50.00 filing fee. No fee is required for a request to seal a non-conviction.

[See Expungement for more information.]

2.11 WRITTEN PLEAS OF NOT GUILTY - WPNG

1. Procedure

The attorney shall file the entry with the Clerk of Court's on the date of arraignment.

The Clerk will pull all jackets and take them to the Assignment Commissioner’s Office, along with the attorney, who shall be responsible for obtaining the court dates and informing client(s).

2. Written Pleas of Not Guilty - Minor Misdemeanor

Procedure

a. Written plea forms will be available at the Clerk's office in Room 112.

b. The defendant shall go to the Clerk's office on the day of arraignment to request to file a written plea.  Defendant will fill out the form and Clerk's office will pull the file and take it to the Assignment Commissioner.  The Assignment Commissioner will schedule the trial date with the defendant.

3. OVI and related cases:

1. Written Pleas of not guilty and requests for continuance and waiver of arraignments will be accepted from attorneys only.

2. Waivers of Arraignment will be accepted on those defendants who have attorneys and and who are alleged to be first or second offenders and an ALS has been issued in the case. Conditions must be verified and the written plea form must be signed by the requisite prosecutor's office.

3. All forms must be filed on the dates of arraignment.

e. EXCEPTIONS:

Per Administrative Order and Agreement of the Joint Session, written pleas of Not Guilty will not be accepted for Domestic Violence (RC 2919.25); Menacing by Stalking (RC 2903.211); Violation of a TPO (RC 2919.211); Aggravated Trespass (RC 2911.211); Vehicular Homicide (RC 2903.06(C)) and Vehicular Manslaughter (RC 2903.06(D));  Any violation of RC 2907; or any other charge in which a Protection Order is requested; written pleas of  not guilty  may be accepted for Domestic Violence  cases in which a TPO has been previously addressed.

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