Rule 5. Local Rules

(A) Adoption of local rules

(1) Nothing in these rules prevents a court or division of a court from adopting 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 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 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, 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 that 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, 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 ."

(F) Reporting-to-law-enforcement-and-compliance plan

(1) 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 by local rule a reporting-to-law-enforcement-and-compliance plan for the purpose of ensuring complete, accurate, and timely submission of information into the state's computerized criminal history repository at the Bureau of Criminal Investigation, the Ohio Law Enforcement Automated Data System, and other law enforcement databases. The plan shall be developed with the clerk of the court or division and applicable justice system partners and do all of the following:

(a) Establish procedures and timelines for obtaining and submitting fingerprints and reporting information pursuant to the Revised Code and Supreme Court rules, including R.C. 109.57(A)(2), 109.60(A), 2151.311, 2151.313, 2152.71(A)(2), 2923.14, 2929.44(B), 2945.402(E)(1), and 5122.311(A), Sup.R. 95(C), and Crim.R. 9(A);

(b) Establish procedures and timelines for reporting information regarding protection orders pursuant to the Revised Code and Supreme Court rules, including R.C. 2151.34, 2903.213, 2903.214, 2919.26, and 3113.31, and Sup.R. 10(A);

(c) Establish procedures and timelines for reporting information to the Bureau of Motor Vehicles, Ohio Department of Public Safety pursuant to R.C. 4510.03, 4513.37, 5502.10, and Supreme Court rules;

(d) Establish procedures to ensure completeness and accuracy of records in accordance with the statutes and rules listed in divisions (F)(1)(a) and (b) of this rule, 18 U.S.C. 922(g), and R.C. 2923.13 in the event of an audit by the Federal Bureau of Investigation, the Bureau of Criminal Investigation, or state or local auditors;

(e) Establish procedures and timelines for reporting sealed or expunged records into the state's computerized criminal history repository at the Bureau of Criminal Investigation, the Ohio Law Enforcement Automated Data System, and other law enforcement databases pursuant to the Revised Code, including R.C. Ch. 2151 and 2953, and R.C. 2930.171 and 3113.31.

(2) The court or division of the court shall adopt the initial reporting to law enforcement and compliance plan by July 1, 2026. The court or division shall update the plan at least once every three years. 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.