Rule 49.07 - Assignment of Case to the Commercial Docket Notwithstanding the case assignment requirements of Sup.R. 36(B)(2), the following shall apply when a case is filed with a court of common pleas that has established a commercial docket pursuant to Sup.R. 49.02:
(A) If the case is eligible for assignment to the commercial docket pursuant to Sup.R. 49.05, the attorney filing the case shall include with the initial pleading a notification that it is a commercial docket case. Upon receipt of the pleading and notification, the clerk shall randomly assign the case to one of the commercial docket judges. (B) If the case is eligible for assignment to the commercial docket pursuant to Sup.R. 49.05, but the attorney filing the case fails to file the notification pursuant to division (A) of this rule and the case is assigned to a non-commercial docket judge, an attorney representing any other party shall file a motion for transfer of the case to the commercial docket with that party's first responsive pleading. Copies of the motion shall be delivered to the administrative judge. (C) If the case is eligible for assignment to the commercial docket pursuant to Sup.R. 49.05, but the attorney filing the case does not file the notification pursuant to division (A) of this rule, no attorney representing a party in the case files a motion for transfer pursuant to division (B) of this rule, and the case is assigned to a non-commercial docket judge, the judge shall sua sponte request the administrative judge to transfer the case to the commercial docket. If the judge requests the transfer of the case to the commercial docket one-hundred and twenty days or more after the case was filed, the transfer of the case to the commercial docket shall be at the discretion of the commercial docket judge to whom the case would be assigned. (D) If the case is not eligible for assignment to the commercial docket pursuant to Sup.R. 49.06, but the case is assigned to the commercial docket, upon motion of any party or sua sponte at any time during the course of the litigation, the commercial docket judge shall transfer the case from the commercial docket.Ohio. R. Superi. Ct. 49.07
Adopted February 26, 2013, effective 7/1/2013.