Cleveland Law Library Weblog

Cuyahoga County CP Court Posts Documents re: Proposed Foreclosure Mediation Program

On March 24, 2008, the Cuyahoga County Common Pleas Court posted documentation regarding a proposed Foreclosure Mediation Program. The plan outlines steps which should be taken once a foreclosure complaint has been filed. Step 4 allows for a borrower to request mediation and requires the lender to complete a questionnaire. The Mediation Department would then review both documents at Step 5  and determine whether the case should be mediated or returned for further foreclosure proceedings. The remaining steps outline the process of holding prepatory meetings, the mediation itself, filing of the mediation report, and ongoing assessment and community outreach efforts. Judge Eileen T. Gallagher is accepting comments on the proposal through April 7, 2008. Click here to read our prior post about the Ohio Supreme Court's issuance of an Ohio Model Foreclosure Mediation Program.

April Changes Coming for Local Criminal Case Management

Starting on April 14, 2008, Cuyahoga County prosecutors and prisoners will have to follow new criminal case management rules. According to upcoming changes in Local Cuyahoga County Common Pleas Court Rule 23 on Criminal Case Management, prisoners in the Cuyahoga County jail who have been bound over to the grand jury must be released if they have not been indicted within 30 days. The exception to this new rule allows the Administrative Judge of the Common Pleas Court to grant the prosecutor additional time for good cause.  According to the Court's Press Release, comments on the new rule will be accepted until April 7th. Click here to search all of the Court's current Local Rules.

Cuyahoga County Common Pleas Court Issues 2006 Report

The Cuyahoga County Common Pleas Court General Division has just issued its 2006 Annual Report. The report is available online and covers: statistics on filings and dispositions; general financial information about court expenses; and information on all court departments that cover probation, ADR, foreclosures, and many other court topics. In her opening letter, Presiding Judge Nancy McDonnell indicates that the court disposed of 48,310 cases and conducted 751 jury trials and 398 bench trials. Judge McDonnell also comments on the foreclosure statistics, which are reported later.

Georgia Attorney Sues LexisNexis Over File & Serve Fees

Legaldockets.com reports that a Georgia attorney has sued LexisNexis, claiming that File & Serve filing fees are illegal.  The attorney is trying to certify a class action to determine whether the fees File & Serve charges for e-filing violate filing fee and document filing statutes and/or constitutional provisions on due process and equal protection. This case can be found on PACER under the caption of HW. Phillip McCurdy, et al. v. the State of Georgia, et al., 1:07-CV-3098e. The Cuyahoga County Common Pleas Court's local asbestos judges use the File & Serve database exclusively for posting opinions and docketing all matters in local asbestos, silica and complex litigation matters. File & Serve is not available for free, and attorneys who desire access must subscribe and pay applicable fees. See our recent podcast on the Local Asbestos Docket.

NCSC Issues 2007 Report on Future Trends in State Courts

The National Center for State Courts has issued its 2007 report on Future Trends in State Courts. This report discusses public access to court records containing personally identifiable information, using technology to improve customer service, national information exchange, increasing access to justice for self-represented litigants, e-filing, electronic discovery, families and problem-solving courts, interpreters and immigration issues, library collaboration, guardianships, court administration, judicial outreach, and judicial elections.

Ohio Supreme Court Recommends Safety Upgrades for Cuyahoga Justice Center

The Plain Dealer has reported on Ohio Supreme Court recommendations for significant safety upgrades at the Cuyahoga County Justice Center. The Justice Center, which is next to the jail, houses most of the Cuyahoga County Common Pleas Judges and their courtrooms, as well as Cleveland Municipal Court. The paper suggests the enhancements will cost millions of dollars for additional deputies, screening equipment, locks, security cameras, and other new procedures. Locally, Common Pleas Judge John Russo chairs an ad hoc court security committee that is reviewing the recommendations. The same Ohio Supreme Court representatives who visited the Justice Center over the summer also visited the County Courthouse (which houses Cuyahoga's domestic relations, probate and appellate court judges and courtrooms), but we have not yet seen the report to determine whether it makes any recommendations for the Courthouse. See our prior post on the site visit, where we also provided a link to the current Courthouse Security Policy and Procedures Plan.

Interest on Judgments-8% Rate for 2008

When parties to a lawsuit cannot agree on the interest rate that will apply to a judgment in their case, O.R.C. sec. 1343.03 provides that interest will be calculated under O.R.C. sec. 5703.47. The Ohio Tax Commissioner has determined that the interest rate prescribed by  O.R.C. sec. 5703.47 for calendar year 2008 is eight percent (8%).  A lawfirm summary on the web explains how interest on judgments is calculated.

Parma, OH Man Could Not Evade Jurisdiction of Local Court By Moving to Canada

The Ohio Supreme Court has held that a Parma man who moved to Canada could not evade the jurisdiction of Cuyahoga County Common Pleas Court because he was still a resident of Ohio. The case is somewhat convoluted, but when Bruce DiMarco was under investigation by the SEC, he and his wife fled from Ohio and moved to Canada, where Bruce got arrested and hired Canadian legal counsel. When Bruce failed to pay his Canadian lawyers, they sued him in Cuyahoga CP court (Case No.CV-498823), and the trial court granted judgment against DiMarco and his wife for over $200,000. When the 8th District Court of Appeals reversed in Case No.CA-05-086324, the Canadians successfully appealed to the Ohio Supreme Court. The crux of the Court's opinion with regard to Bruce DiMarco was that he never abandoned his residence in Ohio since he had no legal right to remain in Canada forever. As a result, the trial court properly exercised personal jurisdiction over his person. However, the Court remanded the issue of personal jurisdiction over DiMarco's wife because she was a native Canadian who could have remained in Canada indefinitely. Click here to read the Supreme Court's press release.

Cuyahoga Clerk of Court Posts Auto and Boat Title Forms

The Clerk of Court for Cuyahoga County has posted 17 forms for auto and boat titles. These forms include multiple affidavits, certificates, powers of attorney, an odometer disclosure statement, an Application for Certificate of Title for Motor Vehicle, an Ohio Consumer's Sales or Use Tax Return, and much more. In addition to maintaining all records for the Cuyahoga County Common Pleas Court and the 8th District Court of Appeals, the Clerk is charged with issuing Certificates of title (i.e., official proof of ownership) for automobiles, boats and trailers. While you are visiting the Clerk's web site, check out the Clerk's Public Records Request Policy.

Cuyahoga County Juvenile Court Issues 2006 Annual Report

Cuyahoga County's Juvenile Court has posted its 2006 Annual Report to the Internet. The Report contains information about the court's judges, locations, probation services, court services, detention center, financial operations, and statistics.