Case Time Limits

(A) Appellate and civil case time limits. The time limits for disposition of appellate and civil cases shall be as indicated on the Supreme Court report forms. (B) Criminal case time limits. (1) General. In common pleas court, ninety-five percent of all criminal cases shall be tried within nine months of the date of arraignment on an indictment or information. In municipal and county court, all criminal cases shall be tried within the time provided in R.C. Chapter 2945. Whenever a hearing or trial time is extended or shortened pursuant to R.C. 2945.72 or Crim.R. 5 or 45, the judge shall state the reason for the change in an order and journalize the order. (2) Grand jury proceedings. When an accused has been bound over to a grand jury and no final action is taken by the grand jury within sixty days after the date of the bindover, the administrative judge of the court or division of the court shall dismiss the charge unless for good cause shown the prosecuting attorney is granted a continuance for a definite period of time. (3) Felony preliminary hearing. A preliminary hearing in a felony case shall be held within two months of the date of arrest or the date of issuance of the summons in ninety-five percent of felony cases. (4) Sentencing. Provided the defendant in a criminal case is available, the court shall impose sentence or hold a sentencing hearing with all parties present within fifteen days of the verdict or finding of guilt or receipt of a completed pre-sentence investigation report. Any failure to meet this time standard shall be reported to the administrative judge, who shall take the necessary corrective action. In a single judge division, the failure shall be reported by the judge to the Case Management Section, which shall refer the matter to the Chief Justice of the Supreme Court for corrective action. (5) Post-conviction relief petitions; death penalty cases. All post-conviction relief petitions filed in death penalty cases shall be ruled upon within one hundred eighty days of the date of filing. In any month where a post-conviction relief petition in a death penalty case is filed, pending, or terminated, the administrative judge shall submit the Post-Conviction Relief Petition Report detailing the status of the petition. (C) Reporting. Any failure to comply with the time limits specified in this rule, and the reason for the failure, shall be reported immediately to the administrative judge, who shall take the necessary corrective action. In a single-judge court or division, the failure shall be reported by the judge to the Case Management Section. The Case Management Section shall report to the Chief Justice, who may take such action as may be necessary to cause the delinquent case to be tried forthwith. (D) Dismissal and refiling of cases. A judge shall not order, instruct, or otherwise direct, suggest, encourage, or request a party or attorney to dismiss and subsequently refile a case in order to avoid failure by the judge to comply with the time limits specified in this rule. Commentary (July 1, 1997)