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AMENDED LOCAL RULE 4.45: TRANSCRIPTS AND EXHIBITS
News You Can Use AMENDED LOCAL RULE 4.45 TRANSCRIPTS AND EXHIBITS
Effective October 1, 2022
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Submitted by: Elaine M. Stoermer, Chief Magistrate & Legal Administrator | Mont Cty Domestic Relations Ct | stoermere@mcohio.org
(A) ORDERING COPY. If a party intends to object or appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, that party shall provide a transcript of all evidence relevant to such findings or conclusions. The party shall file a praecipe with the Clerk of Courts for the transcript on the same date as the filing of an objection or a notice of appeal. Within 14 days of the filing of praecipe, the party shall deposit with the court reporter the cost of the transcript. The cost for preparation of the original transcript is hereby set at $5.00 per page, payable to the court reporter. Request for an expedited original transcript will be fulfilled at a rate of $7.25 per page, payable to the court reporter. Once completed, the original transcript will be filed with the Clerk of Courts as part of the official record. The requesting party will be provided a copy of the transcript. Additional copies may be obtained from the Clerk of Courts at the current public record rate.
Copies of FTR audio recorded hearings may be obtained at a cost of $2.25 per disc, payable to the Clerk of Courts.
Once an original transcript is prepared, an electronic copy by electronic transfer may be obtained at no cost.
In proceedings where objections have been filed, if no deposit is received within 14 days, the court reporter shall notify the assigned Judge who may proceed to rule upon the objections. Within 40 days of the date of service, the party must cause the transcript to be filed by the court reporter, unless for cause shown, the court upon motion filed within the prescribed time, extends the time for one additional 40 day period. Any further requests for extensions in appellate proceedings must be sought from the appropriate court. (See Appellate Rule 9.)
(B) FILING. All original transcripts shall be filed by the court reporter with the Clerk of Courts and shall thereby become part of the official record of the case. The court reporter shall immediately notify both parties or their counsel and the court that a transcript has been filed. The ordering party will pay for the original transcript as outlined above. The court will not assess transcript fees as administrative costs.
(C) TRANSCRIPT AVAILABILITY. A transcript is "available" for purposes of objections [Civil Rule 53(D)(3)(b)(iii)] and appeals [Appellate Rule 9(C)] if a record of the proceedings was preserved by stenographic or audio-electronic means. A transcript is "unavailable" if no such means was used to preserve a record of the proceedings. A statement of the evidence may be accepted by the court as a substitute for an "unavailable" transcript provided such affidavit be either (1) an agreed statement of the evidence; or (2) when an agreement cannot be reached, either or both parties may prepare a statement of the evidence that is submitted to and approved by the Judge or Magistrate who heard the case. Upon failure of a party to timely order, deposit payment for, cause to be filed an available transcript, or to timely file a statement of the evidence when appropriate, the court may:
(1) As to objections, adopt any finding of fact in a Magistrate Decision without further consideration and rule upon those objections accordingly; or (2) As to appeals, overrule a motion for extension of the time for transmitting the record pursuant to Appellate Rule 10 (C).
(D) EXHIBITS. The cost of the transcript does not include a copy of the exhibits. Parties desiring a copy of the exhibits shall contact the Court to determine how to obtain copies at their own expense. Exhibits will be held for a period of 1 year from the date of the final entry or judgment in the case. Parties desiring return of exhibits should make application to the court within the one year period. All exhibits, court reporter notes and electronic recordings will be destroyed after a 5 year time period, unless otherwise ordered by the court.
HERBERT M. EIKENBARY
Trust
DISPLAY AD INDEX:
Daily Court Reporter.......................................7 dayton legal heritage foundation...17 dayton disability foundation.................21 EIKENBARY TRUST.................................................21 Ferneding Insurance.......................................27 LCNB Bank....................................................................5 NFP...................................................................................19 oBLIC......................................................back cover R.L. Emmons & Associates..............................5
WHAT Is THE EIKENBARY TRusT?
The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance.
Individual loans, are available up to $6,000 at 4% interest,
while grants up to $4,000 are also available.
To ApplY: Jennifer Otchy, DBA Chief Executive Officer
Dayton Bar Association | 109 N. Main St., Suite 600 | Dayton, OH 45402-1129 jotchy@daybar.org | 937.222.7902 | www.daybar.org
Contact Jennifer Otchy, DBF & DBA CEO for information about the Foundation. jotchy@daybar.org | direct (937) 222-1364 | office (937) 222-7902 Dayton Bar Foundation Your Gift Will Help STRENGTHEN
Our Foundation.
The Dayton Bar Foundation (DBF) is a 501 (c)(3) charitable organization and serves as the giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBF to continue to fulfill its mission of funding innovative local organizations in their quest to improve our community by promoting equal access to justice and respect for the law. In the past few years your contributions helped to fund grants to:
• advoCateS for BaSiC LegaL equaLity (aBLe) • CathoLiC SoCiaL ServiCeS of the MiaMi vaLLey • greater dayton voLunteer LawyerS ProJeCt (gdvLP) • Law & LeaderShiP inStitute • LegaL aid of weStern ohio (Lawo) • Life eSSentiaLS guardianShiP PrograM • MiaMi univerSity Pre-Law Center • wiLLS for heroeS
All gifts are eligible for charitable deductions on your federal income tax return if you itemize deductions.
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The anticipation of summertime is a long buildup to a season that flies by way too quickly. Before we know it, the flip flops, swimsuits, and beach vacations give way to sweaters, jeans, football games, and bonfires! The return to school, the shorter days -- Fall always puts us in mind of a return to seriousness and back to business.
At the Greater Dayton Volunteer Lawyers Project (GDVLP) and Pro Bono Partnership of Ohio (PBPO), this means a renewed dedication to serving our individual and nonprofit clients. Fall is also the time we celebrate the work that our fantastic volunteers do to help ease the burdens of these clients. While we are appreciative of our volunteers every single day of the year, we formally recognize their time and commitment to volunteerism during Celebrate Pro Bono Week, this year running October 23rd to 29th, 2022.
GDVLP and PBPO are partnering this year to thank our volunteers by hosting a Volunteer Appreciation Coffee on Tuesday, October 25, 2022, from 1:00 – 2:00 pm at the new Starbucks at the Wintergarden of the Shuster Center, 1 West Second Steet in Dayton. Please stop by and find out about new pro bono opportunities, speak with the GDVLP and PBPO staff, enjoy a “venti-half-caf-soy-sugar free” (or whatever your Starbucks language is!) and get to know others who give of their time like you do. If you are not a volunteer but we’ve piqued your interest, please join us to learn more about our programs and missions!
In addition, the Celebration of Pro Bono Inn of Court with the GDVLP will be held on Tuesday, October 25th from 5:30pm-7:30pm at Sinclair Conference Center, with speaker Katie Wright, Supervising Attorney, Ohio Governor's Pardon Project.
We’ve had a long road these last few years of pandemics, social unrest, international wars, and worsening economic conditions. Gas and food prices are rising; housing has become more expensive and more difficult to find. The forced isolation we’ve felt from trying to socially distance has left all of us feeling sadder and more alone than ever. Fortunately, there are ways to combat all these negative circumstances weighing our spirits down, and one of the easiest ways is to volunteer to help others. Taking the time to forget your own troubles as you focus on the needs of others – nothing else can make you feel as much gratitude. Those who already volunteer know and can tell you – giving is the easiest way to feel joy return to you ten-fold.
Join GDVLP and PBOP in October to truly celebrate the community of exceptional lawyers in our area using their knowledge and skills to help ensure that individuals and nonprofit organizations in our community have the legal support they need to flourish!
More About Attorney Volunteer Services!
GDVLP MISSION: The Greater Dayton Volunteer Lawyers Project (VLP) provides innovative opportunities for attorneys to perform pro bono civil legal services to benefit persons with limited financial resources.
Summer Hawks
e. summer@gdvlp.org p. 937-461-3857 w. gdvlp.org
PBPO MISSION: Powered by attorney volunteers, we strengthen our community by providing free business legal services and education to nonprofits. Suzanne Beck
