RULE 10: Trial attorneys

 

 (A) All pleadings and motions, served and filed on behalf of any party represented by counsel in a civil action, shall be signed by one attorney in that attorney's individual name as required by Civil Rule 11, as the trial attorney for that party, as provided in Superintendence Rule 3. Such trial attorney shall be the attorney who is to try the case, unless otherwise ordered by the Court, and shall be responsible for the action. Following that attorney's signature, office address including suite number, zip code, and email address, and have both telephone and FAX number including area code, there shall be set forth the designation "Trial Attorney" for the party represented. Firm names and the names of co-counsel or associate counsel may appear on the pleadings and motions for information only as "Of counsel." In addition to the certificate mentioned in Civil Rule 11, the signature of the trial attorney, in actions for partition, foreclosure of mortgages, foreclosure of mechanics' liens, to contest a will, and other such actions, also constitutes a certificate that all persons having a claim, interest or lien on the property involved, or in the subject matter of the action, have been made Parties as required by law.

(B) All copies of pleadings or other court filings required by these Rules or Civil Rule 5 to be served upon other counsel in a cause, shall be served upon the trial attorney, designated in accordance with Paragraph A hereof.

(C) All notices and communications from the judges of this Court with respect to a cause pending therein will be sent to the trial attorneys designated on classification forms, notification forms (civil), or entries (criminal) referenced in Local Rule 11B hereof. Whenever the appearance of designated trial attorney is required in Court, the judge to whom a cause is assigned under Local Rule 7 hereof, shall so advise the Assignment Commissioner, who shall promptly notify by electronic postcard to such trial attorney advising of the required appearance. The electronic postcard shall specify the number and title of the cause, the date and time of the required appearance, the courtroom number and name of the judge to whom the cause is assigned or before whom the appearance is required, and the reason for such appearance, whether "For Trial" or "Pretrial Conference," "For Hearing on Motion to Strike" or other such customary designation. The electronic postcard notices shall be addressed to the designated trial attorney of record in that attorney's individual name, at the most recent email address on file with the Clerk of Courtís office. This most recent email address will be used on all subsequent correspondence from the Court, on any case filed, until such time as the attorney in question changes his or her email address by filing a new notification form with the Clerk of Courts. The trial attorney shall be responsible for notifying the co-counsel or associate counsel of all matters affecting the action. 

(D) Application for leave to withdraw as trial attorney in a civil case shall be made by written motion filed with the Clerk of Courts, with copies served upon all other trial attorneys in the cause in accordance with Civil Rule 5 and these Rules. Said motion shall be heard normally within ten days of filing by the judge to whom such case has been assigned. Written notice of such application shall be given to the client of such trial attorney seeking to withdraw, by certified mail, return receipt requested, stating the time when, and before which judge, such application will be made. If such application is granted and the client does not appear at such hearing, the trial attorney, if permitted to withdraw, shall notify such client by certified mail, return receipt requested, to secure a new trial attorney within such time as may be designated by the Court. A copy of such notice, together with the order authorizing withdrawal and the certified mail, return receipt requested, shall be filed and docketed in the cause with a copy provided to the Assignment Commissioner.

(E) Any attorney who accepts private employment, or is appointed by the Court in any criminal case shall be required to sign one of the entries designated in Local Rule 11 B(3) which shall be filed with the papers in the case.

Thereupon such attorney shall become attorney of record upon the journal of this Court and shall not be permitted to withdraw except upon written motion and for good cause shown.

(F) Pursuant to Rule 1 of the Supreme Court Rules for the government of the Bar of Ohio an attorney must be admitted to practice in the State of Ohio in order to practice in the Court of Common Pleas. The Assigned Judge to the particular case or the Judge assigned for the purposes of the subject proceedings has the discretion to admit counsel for that case only upon a filed written motion for admission pro hac vice.  An affidavit must be attached indicating: (1) applicant attorney has taken and passed a bar examination and has been admitted as an attorney at law in the highest court of a state, commonwealth, territory, or possession of the United States or in the District of Columbia, or who is admitted to practice in the courts of a foreign state; (2) applicant attorney is currently in good standing in said jurisdiction; (3) applicant attorney has not taken and failed an Ohio bar examination; (4) there are currently no disciplinary actions or contempt proceedings pending against applicant attorney before any court or administrative body; (5) the applicant attorney is aware of the contents of the Rules Governing the Courts of Ohio and the Local Rules of the Hamilton County Court of  Common Pleas.  The Assigned Judge may require local counsel.  Upon granting of a motion for admission, applicant attorney is required to comply with notification procedures addressed in Local Rule 11(B).  (Effective January 1, 2012)