Page 13 - May June24 Report

Rule 48. This rule has to comply with the Ohio Supreme Court Rules of Superintendence of Court Rule 49-49.12. The general requirements are that the Judges must serve for minimum of 3 years and have to have experience in commercial litigation. There has to be a minimum of two designated Commercial Docket Judges. In late March 2024, Local Rule 48 was adopted by majority vote of the Hamilton County Common Pleas Court Judges. The initial appointments to cover the Commercial Docket are Judge Christian Jenkins and Judge Jennifer Branch.
Administrative Judge Wende Cross says, “The Commer- cial Docket has been widely praised by practitioners and will be helpful to the Court’s case management efforts.”
Conclusion
The Court of Common Pleas Judges are committed to reviewing all Rules and Procedures to help the litigants and the fair and prompt administration of Justice. We will continue to monitor and improve our local system.
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Goering is Chair – Civil Procedure Committee -Common Pleas Judges
Hamilton County Local Rule 48
RULE 48. COMMERCIAL DOCKET
A. Establishment of a Commercial Docket
Effective November 1, 2023, the Hamilton County Court of Common Pleas, General Division, established a commercial
docket pursuant to Sup.R. 49 through 49.12.
B. Judges.
1. Judges Designated.
There will be a minimum of 2 judges designated to hear all cases assigned to the commercial docket and will be referred
to as the commercial docket judges.
2. Terms of Commercial Docket Judges.
The term of the commercial docket judges will be no less than 3 years.
Cases assigned to a commercial docket judge will remain on that judge’s docket after expiration of the judge’s term.
3. Designation of Commercial Docket Judges.
Pursuant to Sup. R. 49.02 (A) (1) (a)(b), Judges meeting the minimum requirements to participate as a commercial docket judge will be chosen by a majority vote of the judges of the general division of the court
C. Adjustment of Other Case Assignments
To promote fair and equal distribution of cases, when establishing a commercial docket with sitting judges of the general
division, for each commercial docket case assigned to a commercial docket judge, a similar non-commercial docket civil case
shall be assigned by lot from the docket of the commercial judge to a non-commercial docket judge of the court.
D. Reduced Assigned Case Workload of Commercial Docket Judges
The assigned number of cases rolled to each commercial docket judge shall be reduced as follows:
1. Each commercial docket judge receives no fourth or fifth degree felony cases.
E. Review of Transfer to Commercial Docket
1. Ruling or decision on transfer
(a) A non-commercial docket judge shall rule on a party’s motion for transfer of a case to the commercial docket
no later than two days after the filing of the motion. A party to the case may appeal the non-commercial docket
judge’s decision to the administrative judge within three days of the non-commercial docket judge’s decision. The administrative judge shall decide the appeal no later than two days after the filing of the appeal.
(b) An administrative judge shall decide the sua sponte request of a non-commercial docket judge for transfer of a case
to the commercial docket no later than two days after the request is made.
2. Review of transfer
(a) The factors set forth in Sup.R. 49.05 and 49.06 shall be dispositive in determining whether a case shall be transferred to or removed from the commercial docket.
(b) The ruling or decision of the administrative judge as to the transfer of a case is final and not appealable.
F. Local Rules Apply.
Unless otherwise ordered in a specific case, or contrary to the within rules and/or Sup R 49-49.12, the general local rules of the Hamilton County Court of Common Pleas apply in all commercial docket cases.
THE REPORT | May/June 2024 | CincyBar.org