Why: Like other institutions, a court needs a set of uniform rules so it can function in an orderly way. Think about how many rules Sinclair has! While court rules are not law, attorneys must follow these guidelines in the preparation and filing of documents. A paralegal can assist an attorney by being familiar with the requirements under federal, state, and local rules.

Learning Objectives:

1. To identify how court rules fit into the legal system

2. To practice reading court rules

3. To distinguish between Ohio, federal, and local rules

Resources:

1. Information below

2. Legal Resources on the Internet

3. Paralegal Today, paragraph on Judicial Procedures starting on page 152 - the piece on "Technology and Today's Paralegal" on page 154

Information: We have discussed the sources of law this semester. Although court rules are not a source of law, they are an important legal resource. Attorneys and judges are required to follow court rules and if they do not, there may be serious consequences. For example, attorneys who do not file documents prior to a deadline set in the rules, may lose the opportunity to file those documents. A higher court may reverse Judges who ignore court rules. All of us operate by some rules, written or unwritten, that give us order in our lives. These rules may be used on the job or at home. The same is true with courts. They have developed standards for documents and deadlines for filing, as well as rules covering other areas.

In Defining the Law, Judith Schwartz has defined a rule as, "an order of a court that regulates practice before the court or a procedure of the court." Under the Ohio constitution, the Supreme Court of Ohio has the power to establish rules governing the practice and procedure for all of the state courts. As a paralegal student, and while on the job, you may be using a variety of Ohio rules: the Ohio Rules of Civil Procedure, the Ohio Rules of Criminal Procedure, the Ohio Rules of Appellate Procedure, and the Rules of Practice of the Supreme Court of Ohio, among others. The Supreme Court also has the power to enact rules setting standards for attorney conduct; these rules are called the Ohio Rules of Professional Conduct.

The federal courts also have rules. One of these sets of rules is the Federal Rules of Civil Procedure.

Local courts have adopted rules too. Some of the local rules you will use for your PAR classes are the Rules of Practice of the Common Pleas Court for Montgomery County, the rules for the Second District Court of Appeals, and the rules for the United States District Court for the Southern District of Ohio.

Rules, like other legal materials, may be difficult to read. It sometimes seems as if those people writing the rules deliberately make them unclear and hard to understand. While some legal writing could be improved, the authors of the rules often make an attempt to cover most situations that could arise.

Here are a few tips for reading court rules:

1. Read carefully. You cannot skim the rules. In fact, you may have to read a rule several times to grasp its meaning.

2. You may need to use a legal dictionary to define some of the terms used.

3. The title or heading of a subsection may help you understand the subject of the rule.

4. Sometimes a rule refers you to another rule; you need to read both rules to have a complete understanding and to provide the information your attorney needs.

Critical Thinking Questions:

1. What is Judith Schwartz's definition of a rule?

2. Where does the Ohio Supreme Court get the power to adopt court rules?

3. What is the difference between procedural and substantive law?

4. What is the most important tip about reading court rules? Why?

5. How does a paralegal help the attorney by being knowledgeable about court rules?

Application Questions:

6. On what website can Ohio statewide court rules be found?

7. What is the name of one set of statewide court rules for Ohio?

8. On what website can federal court rules be found?

9. What is the name of one set of court rules for the federal courts?

(STOP HERE!!!! We will do the rest of the questions in class. Do not do them individually!)

10. At the bottom of this activity, you will find a list of rules from the Ohio Rules of Civil Procedure. You will be assigned a specific rule. Use the Internet to find the assigned rule.

A. What is the subject of the rule you found?

B. What other rule is referred to in the rule you found?

C. Is this a state, local, or federal rule? How do you know?

11. At the bottom of this activity, you will find a list of rules from the Federal Rules of Civil Procedure. You will be assigned a specific rule. Use the internet to find the assigned rule.

A. What is the subject of the rule you found?

B. Is this a state, local, or federal rule? How do you know?

12. Go to the Ohio Supreme Court web site. Click on Ohio Judicial System and then on Ohio Trial Courts & Local Rules.

You will be assigned a county from the following list. Find the Rules for the Court of Common Pleas, General Division for your assigned county.

· Ashtabula

· Franklin

· Greene

· Hamilton

· Highland

· Logan

· Lucas

· Montgomery

· Shelby

· Summit

· Tuscarawas

· Union

A. What is the cost of filing a complaint or civil action or civil suit? The terms are different, but they all mean the same thing. Sometimes the rules will refer to an Appendix, which you will find at the end of the rules. You may find your answer under costs, security for costs or deposit. Include the rule number in which you found your answer.

B. What is the subject of the rule?

C. Is this a state, local, or federal rule? How do you know?

Ohio Rules of Civil Procedure                      Federal Rules of Civil Procedure

Rule Number                                                   Rule Number

Rule 3                                                              Rules 3

Rule 4.2                                                           Rule 6

Rule 5                                                              Rule 10A

Rule 6                                                              Rule 11A

Rule 10                                                            Rule 12

Rule 12                                                            Rule 16

Rule 16                                                            Rule 25

Rule 25                                                            Rule 38

Rule 28                                                            Rule 39

Rule 38                                                            Rule 41

Rule 39                                                            Rule 45

Rule 41                                                            Rule 47