Municipal Rule 2

Local Rule 2 DUTIES OF TRIAL COUNSEL

2.01 DESIGNATION OF TRIAL ATTORNEY & ATTORNEY REGISTRATION

(SUP. R. 6)

Counsel shall, by personal signature, designate their capacity 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 Form CR1 as appears in Appendix A in a Criminal case, orForm CV1 in a Civil case, as appears in Appendix A.

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 in cases where counsel was designated only with the consent of the judge assigned to the case, either by oral motion on date of trial or written 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 Form CR4 as appears in Appendix A.

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 all parties.

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 by the judge designated to try the case as stated in c) below. 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.

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 showndoes not suffice as a reason).

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

If the motion for continuance is opposed it must be scheduled for a hearing. The opposed motion must be filed in the Assignment Commissioner’s Office at least eight working days prior to the date on which the case is set for trial. If the motion is unopposed, it must be filed in the Assignment Commissioner’s Office at least six working days prior to the date on which the case is set for trial.

Continuances will only be allowed for fourteen days or less, unless good cause is shown. Only one continuance will be permitted.

If an emergency arises at a time beyond the limits set forth above, the motion shall be filed in court on the day of trial.

2.05 JURY DEMANDS

All cases, in which a jury trial is demanded, may be scheduled for pre-trial conference in accordance with Criminal Rule 17.1, before the judge to whom the case has been assigned. 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, his 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.

At the conclusion of the pre-trial conference, the judge will refer the case to the Assignment Commissioner’s Office indicating a jury trial setting. The Assignment Commissioner’s Office will then set the case for jury trial and notify the Jury Commissioner to reserve a trial.

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, ect. )in the lower left hand corner.

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

d. The name of the judge to whom the case is assigned.

The motion date will be placed in the upper right hand corner of 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. Obtain form from the Assignment Commissioner's Office and confirm court date.

b. If the case is scheduled for a pretrial, file motion at Assignment Commissioner's to be set on pretrial date. No exceptions.

c. If the case is scheduled for trial, the Assignment Commissioner's staff will accept the filing and inform the attorney that the motion will be scheduled according to the instructions of the assigned judge.

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

e. 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 114, Justice Center and obtain and fill out Form 4b as listed in Appendix A.

b. Try to locate Prosecutor in Courthouse or go to City Prosecutor’s Office at 801 Plum Street, Cincinnati, Ohio 45202 and have Prosecutor sign the form, or go to the County Prosecutor’s Office, 4th Floor at 230 East ninth Street, Cincinnati, Ohio 45202 and have Prosecutor sign the form.

c. Go to the Duty Magistrate/ Duty Judge or Assigned Judge for his/her signature.

d. Go back to the Clerk in Room 114 to have case assigned and 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.

e. Attorney/Defendant must serve City/County Prosecutor. If City,  may serve in Room 167 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 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 no sooner than the  second (2nd) working day after the motion is filed.

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. An indication as to whether the defendant is confined.

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

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 pursuant to Sections 2953.32 and 2953.52, and schedule expungements for hearing at least 30 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, except that motions to proceed in Forma Pauperis shall be accepted with the application for expungement without proof of payment of the RC $50.00 filing fee. [Effective 8/1/02] [See Expungement for more information.]

2.11 WRITTEN PLEAS OF NOT GUILTY - WPNG

See Appendix A for forms.
a. First steps

1. File written plea - current procedure in HCJC. Assignment Commissioner pulls jacket(s) and schedules date if filed before 11:00 a.m. (for on site jacket(s) years 2000, 2001)

WPNG Filings after 11:00 a.m.- report to the Clerk’s office, they will pull the jacket(s) and deliver to the Assignment Commissioner’s office. (for on site jacket(s) years 2000, 2001)

WPNG FILINGS ON OFF SITE JACKET(S) (1999 AND PRIOR) REPORT TO THE CLERK’S OFFICE 1 DAY PRIOR TO FILING OF WPNG - FOR JACKET RETRIVAL.

2. Case prints on room 236 docket. (note on docket - WPNG - judge - date)Magistrate calls case(s) and reads into the record. (WPNG-judge-date)

3. Cases will be scheduled at least one week after original PC date in room 236.

4. Prosecutor’s paperwork should be delivered by the prosecutor to the Assignment Commissioner’s office (room 255) immediately after court for labeling.

b. Procedure

The attorney shall file the entry with the Assignment Commissioner on the date of arraignment.

The court officer 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).

After proper assignment of all dates and appropriate information, the Assignment Commissioner’s Office will inform the City or County Prosecutor which defendants have written pleas filed, giving the name of defendant and case number.

The Prosecutor will bring the prosecutor’s sheet to the Assignment Commissioner’s Office.

The assignment commissioner’s personnel will assign the judge and mark all papers as usual. The Assignment Commissioner’s Office will leave a line on judge’s entry for placement of the assignment label.

c. Written Pleas of Not Guilty - Minor Misdemeanor
-Traffic - See Appendix A for form.

1. Procedure

a. Written plea forms will be available at the clerk’s station in front of the courtroom.

b. Before the docket starts, the clerk will read a prepared statement explaining that certain defendants will be permitted to enter written pleas.

Defendants who wish to do so will get a form and sign it.

The defendant will be referred to the Assignment Commissioner’s Office.

The defendant will complete the form at the Assignment Commissioner’s Office and be assigned a date for trial.

The forms will be returned to the courtroom wherein the prosecutor will read into the record the information for those who entered the written plea.

d. DUI 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 criminal arraignment or DUI arraignment only.

4. For the DUI documents, the attorney will go to the clerk in the DUI Room to inform them of intentions to file the proper forms. The clerk in turn will provide the Assignment Commissioner’s Office with jackets and paperwork. After the attorney has received the new date, the paperwork and jackets will be returned to DUI Arraignment prior to 1:00 P.M.

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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