THE COURT OF COMMON PLEAS OF LOGAN COUNTY, OHIO
PART I - CIVIL MATTERS
The Ohio Rules
of Civil Procedure (ORCP) shall apply to all civil proceedings
in the Logan County Common Pleas Court, other than actions
expressly excepted thereby.
COMPLAINTS, APPEALS AND MOTIONS
and appeals filed with the Clerk of Courts shall have designated
thereon, in the caption of the title of the pleading, the "type"
of case, to-wit: One of the following (as set forth in the Rules
- - - - - - - - CR
Relations - - - DR
- - - - - - - - RE
Other - - - - - - - CV
The Clerk of
Courts shall not accept for filing any complaint or appeal or
civil action unless so designated.
RULE 3 FLAT
FILING, SPACE FOR FILE STAMP
filed upon commencement of the action and all other pleadings
shall be offered for filing without folding or covers, suitable
for flat filing system, and, except as to original documents
attached or offered as exhibits, shall be prepared upon 8 1/2"
by 11" bond paper.
The top right
hand corner of the initial sheet of every pleading, motion,
brief, or other paper filed for record shall have an area
approximately two and one half inches by two and one half inches
(2 ½” x 2 ½”) left blank for the Clerk of this Court to file
stamp the date and time of filing.
SERVICE BY PUBLICATION
In any action
where service is to be made by publication as authorized by Rule
4.4 ORCP, the attorney filing the necessary affidavit shall at
the same time furnish to the Clerk the form of notice of
publication which is to be published. Such form shall comply
with the requirements of Rule 4.4 ORCP. The Court by Judgment
Entry shall approve the affidavit and find the affiant took
sufficient steps in making a reasonably diligent effort to
locate the parties whose addresses are unknown.
It shall be the duty of any
attorney upon accepting representation of a defendant in any
civil or criminal matter to immediately notify the Court of such
representation, even though his appearance may not as yet have
been entered in the case.
DESIGNATION AND RESPONSIBILITY.
Unless otherwise ordered, in all actions filed in this Court,
all parties not appearing in propria persona shall be
represented of record by a trial attorney who is a member of the
Bar of Ohio. Thereafter, until such designation is changed by
order of the Court, upon motion, said trial attorney shall be
responsible for the action and shall attend all hearings and
conferences and the trial.
All pleadings filed on behalf of
any party represented by counsel shall be signed by one attorney
in his individual name as the trial attorney referred to in
paragraph (B) of this rule, followed by the designation "Trial
Attorney", together with his typed name, his office address, zip
code, telephone number along with area code, and facsimile
transmission number. Firm names and the names of co-counsel or
associate counsel may appear on the pleadings for information as
ATTORNEY REGISTRATION NUMBER REQUIRED.
All documents filed with the General Division of this Court
shall include the attorney registration number issued by the
Supreme Court of Ohio for the attorney filing the document.
All notices and communications from
the Court with respect to an action will be sent to the trial
attorney. He shall be responsible for notifying his co-counsel
or associate counsel of all matters affecting the action.
PARTICIPATION BY CO-COUNSEL.
Any attorney may be permitted to
appear and participate as co-counsel, upon motion of the trial
attorney for any party.
WITHDRAWAL OF TRIAL ATTORNEY.
No trial attorney shall be
permitted to withdraw from an action at any time later than
twenty (20) days in advance of trial or the setting of a hearing
on any motion for judgment or dismissal. An earlier withdrawal
shall be permitted only: (a) Upon his request with the written
consent of his client and the entry of appearance of a
substitute trial attorney; or (b) upon his request and showing
of a good cause with the consent of the Court and upon such
terms as the Court shall impose.
MEMORANDA TO BRIEFS
expressly governed by Rules 65 and 75 ORCP shall have attached
thereto or be accompanied by citations to applicable authorities
or brief of counsel in support thereof.
MOTION HEARINGS TO BE REQUESTED; COPIES OF MOTIONS AND
NOTICES OF DISMISSAL FILED WITH ASSIGNMENT COMMISSIONER
motions shall be decided by the Court without oral hearing
unless oral hearing is expressly requested by counsel and good
except for motions for summary judgment pursuant to Rule 56 (C),
ORCP, will be heard no sooner than ten (10) days after notice is
served upon the adverse party or counsel, unless for good cause
shown or the exigencies of the situation verified by affidavit
of the moving party. Motions for summary judgment will be heard
pursuant to Rule 56 (C), ORCP, without oral arguments.
responding to a motion for summary judgment may file Rule 56
materials and memoranda of law within twenty (20) days of the
receipt of the motion. A moving party in a Rule 56 proceeding
may file a memoranda in response within seven (7) days but may
not file any new Rule 56 materials without leave of Court.
C. Copies of
all motions and notices of dismissal shall be filed with the
CONTINUANCES, RULE DATES AND EXTENSIONS
continuance for an oral hearing will be granted except upon
written application to the Court, together with evidence of good
cause for such continuance. Further, no continuance for an oral
hearing shall be granted unless the request for continuance has
been approved, in writing, by the party represented by counsel
requesting such continuance. The requirement that the motion be
signed by the party may be waived by the trial Judge for good
cause. All such applications for continuances must be made at
least seven (7) days prior to said hearing and must further be
approved by the Court. If a continuance is granted, the Court
shall, at that time, reset the trial or hearing for a definite
B. In cases
assigned for trial, applications for continuances must be
supported by evidence of good cause for continuance; and when
such application is based upon the absence of a witness, it must
be supported by evidence of reasonable diligence on the part of
counsel. All such applications for continuance must be approved
by the Trial Judge; and if a jury trial has been called, the
expense of calling such jury will be borne by the party
requesting the continuance.
C. Prior to
the expiration of any Rule date, any party may be permitted
leave to move or plead provided the total extension of time does
not exceed twenty-one (21) days. Subsequent to the expiration
of a Rule date, leave will be granted only for good cause shown
in a written motion supported by an affidavit stating facts
indicating the practical impossibility of pleading within Rule
and demonstrating good cause for further extension. Motion and
affidavit will be required even though consent of counsel is
obtained if the extension is for a period of time beyond
twenty-one (21) days.
SHERIFF'S SALE, FORECLOSURE, PARTITION
confirmation of any sale by the Sheriff or by any master
commissioner or receiver appointed by the Court shall be entered
within one (1) week following such sale unless consented to by
all parties involved in such suit.
foreclosure cases wherein property was purchased by the
Plaintiff, sufficient costs, as determined by the Clerk of
Courts, shall be deposited with the Clerk of Courts before the
Sheriff shall issue the deed thereon.
partition cases, no election to take on the report of partition
shall be confirmed within one (1) week following the report of
the commissioners therein unless the other co-tenants consent
thereto in writing.
D. In every
action filed after January 1, 1995, in the General Division of
the Common Pleas Court of Logan County, Ohio, wherein a judicial
sale of real estate is contemplated by the complaint or
subsequent pleadings, the party praying for said sale or the
attorney for the party praying for said sale shall endorse
thereon the following certification:
undersigned hereby certifies to the Common Pleas Court that an
examination of the public records of Logan County, Ohio, has
been made to determine the ownership of subject real estate and
all parties who may claim an interest therein, and that, in the
opinion of the undersigned, all parties have been named as
parties to this action," stating as exceptions any interested
party not so named.
E. Upon any
decree subsequently issued which orders the sale of real estate,
the party or attorney having requested said sale shall further
undersigned hereby certifies to the Common Pleas Court that the
examination of title to subject real estate has been extended to
_______________ to determine if any parties have acquired any
interest therein subsequent to said previous examination and
said examination discloses that, in the opinion of the
undersigned, there are no such parties except parties to whom
the doctrine of lis pendens applies," also stating as
further exceptions any such party not subject to lis pendens.
Sheriff, deputy or party conducting the sale shall, prior
thereto, announce that any purchasers shall have thirty (30)
days from the date of sale to obtain an examination of title to
said real estate. Should examination disclose the title so
purchased to be unmarketable by reason of any defect in the
proceedings or the existence of any interest not disclosed in
either of the certifications described above, no liability shall
be predicated on the certifications but said purchaser may,
within the thirty (30) day period after the sale, notify the
Court thereof by written motion requesting that said sale be set
aside. If the Court, upon hearing thereof, finds said title to
be unmarketable, the Court shall refuse to confirm said sale.
The Court may, however, fix a reasonable time, not to exceed
ninety (90) days, within which such defects may be corrected.
purchaser may waive any part or all of the thirty (30) day
period by signing the confirmation entry, but no confirmation
entry not approved by the purchaser shall be filed until said
period has expired.
certifications made in paragraph D and E herein are intended
solely for and to inure to the benefit of the Common Pleas Court
for purposes of the orderly administration of its cases and no
one other than the Common Pleas Court including but not limited
to parties to the action and successful purchasers at the
judicial sales shall be entitled to rely on these
GUARDIAN AD LITEM AND TRUSTEES
other than an attorney at law duly admitted to practice the
profession of law in the State of Ohio shall be appointed
Guardian Ad Litem or Trustee for the suit in any matter or
proceeding in this Court.
COSTS FOR FILING COMPLAINT IN A CIVIL CASE
A. Except as
otherwise provided, unless a poverty affidavit is filed, a
deposit of Four Hundred Dollars ($400.00) for costs plus One
Hundred Fifty Dollars ($150.00) additional for service by
publication is required at the time of filing the complaint in
any General Division case; and the Clerk shall not file any such
complaint unless the same is accompanied by such deposit or such
B. A deposit
of One Hundred Seventy-Five Dollars ($175.00) shall be made upon
filing post decree motions, motions to vacate, revive or modify
judgment, motions for reconsideration or motions for relief from
C. Pursuant to Section 2303.201(E)(1), Two
Hundred Dollars ($200.00) of the fees collected under Section A
and Seventy-Five Dollars ($75.00) of the fees collected under
Section B in General Division cases shall be used for special
D. A deposit
of Seventy-five Dollars ($75.00) shall be made upon filing a
complaint for a judgment upon a cognovit note.
E. If the
cost deposit required herein is exhausted, the Clerk may require
an additional cost deposit, which shall be paid forthwith.
REQUEST FOR SEPARATE FINDINGS OF FACTS AND
CONCLUSIONS OF LAW
When a party
requests the Court to state its findings of fact separately from
its conclusions of law under the provisions of Rule 52 ORCP, the
party requesting such statement shall, within five (5) days
after receipt of notice of the Court's decision, submit to the
Court a statement of proposed findings of fact and conclusions
of law and shall serve copies thereof on all opposing parties or
their counsel. Within five (5) days after receipt of such
proposed statement, each opposing party shall submit to the
Court a proposed statement of findings of fact and conclusions
For want of
strict compliance with this Rule on the part of the party
requesting the statement of findings of fact and conclusions of
law, the Court will enter a general finding.
The Court will
not accept a so-called "Confidential Pre-trial Brief". All
briefs shall be filed with the Clerk of Courts and shall contain
a certification that copies of such briefs have been deposited
with or mailed to opposing counsel. If there is no counsel for
opposing parties, such certificates shall show that copies of
the briefs have been delivered or mailed to such opposing
CERTIFICATES OF DELIVERY BY COUNSEL
copies of pleadings, motions, briefs, memoranda and other papers
have been placed in the appropriate attorney's drawer in the
Clerk of Court's office, Common Pleas Court, Logan County, Ohio,
and the certificates of delivery reflect such action, it shall
be deemed by the Court as delivery to counsel pursuant to the
requirements of the Ohio Rules of Civil Procedure. The person
placing such papers in the appropriate attorney's drawer shall,
upon placing such papers in such drawer, note thereon the date
of making the deposit, together with that person's signature.
If a drawer cannot be found in the Clerk of Court's office with
the appropriate attorney's name on it, then delivery to counsel
cannot be accomplished under this Rule; and delivery must be
accomplished by means of U.S. Postal Service or personal
PREPARING AND FILING JUDGMENT ENTRIES
for the party in whose favor a judgment is rendered, or who is
directed to do so by the Court, shall, within seven (7) days
thereafter, unless further time be given by the Court, prepare
and submit the same to opposing counsel, who shall approve or
reject the same within seven (7) days after it is received by
him. All objections to such proposed judgment entry shall be in
writing and may be answered in writing. However, such written
objections shall not alter the time limitations for submission
of the entry.
B. If any
approved entry or a proposed entry with written objection is not
presented to the Court within fourteen (14) days, the matter
will be assigned for a show cause hearing to determine if the
matter should be dismissed or sanctions applied to counsel or
FEES IN COGNOVIT NOTE CASES, TRUSTEES AND
GUARDIANS AD LITEM
attorney at law appearing in open court and entering the
appearance of the defendant and confessing judgment by virtue of
a power of attorney attached to a promissory note shall be
allowed a fee of Fifteen Dollars ($15.00), which sum shall be
taxed and paid as costs in the case in which said judgment is
allowed to Trustees and Guardians Ad Litem shall be fixed by the
Court according to the services rendered in each case.
Appropriate documentation will be required to reflect the
FEES OF COUNSEL IN PARTITION
In fixing fees
of plaintiff's counsel in partition cases, the following fee
schedule will be followed as a general rule, but with such
modifications, revisions, additions or divisions as may seem
equitable in such cases, to-wit:
6% on the
first Four Thousand Dollars ($4,000)
5% on the
next Four Thousand Dollars ($4,000)
4% on the
next Four Thousand Dollars ($4,000)
2% on the
fee of One Hundred Dollars ($100)
FEES OF COUNSEL IN TAX SALE PROCEEDINGS
situations involving sales of land under Section 5721.18, et
seq., Ohio Revised Code, the Court will allow attorneys' fees of
up to One Hundred Twenty-five Dollars ($125.00) for title
information for each parcel.
prepare and submit itemized cost bills justifying their fee; and
upon approval, the fee will be taxed as costs in the case.
EXAMINATION OF WITNESSES
counsel on each side will be permitted to examine a witness on
the trial of a case. Only the same counsel who examines a
witness will be permitted to object. A witness once dismissed
from the stand shall not be called to testify further until all
of the other testimony for the same party has been given, except
by order of the Court.
photographic, television, recording, broadcasting telephonic
equipment or devices shall be used within the confines of the
courthouse, and in official business, unless otherwise approved
by the Court for trial-relating proceedings and as long as such
action is approved by Canon 3A, Ohio Code of Judicial Conduct
and Rule 12 of the Rules of Superintendence.
and others will be seated during recess or adjournment in the
courtroom on a first-come, first-serve basis, for whom seats are
provided behind the rail, and remain there until such time as
the Court declares a recess or adjournment.
C. No person
shall have on his person or under his control any dangerous
weapon or dangerous ordnance other than police officers on
official business. Any person within the confines of the
courthouse shall be subject to search at any time by the Sheriff
Ohio, or the Court Bailiff. The Sheriff or Court Bailiff are
further directed to search any and all spectators at their
courtroom shall be cleared at all noon recesses.
Representatives of the media will under no circumstances
question or converse with prospective or selected jurors
concerning a cause set for trial.
F. No person
except officers of the Court and duly authorized persons shall
be permitted in front of the railing or bar of the Common Pleas
G. There shall
be no eating, drinking or smoking in the courtroom. There shall
be no smoking on the second floor of the courthouse.
H. Any person
violating any part of Rule 20 shall be subject to a finding as
in "Contempt of Court".
insure that their clients and all witnesses appearing in matters
before this Court be appropriately attired. Failure of such
persons to be dressed appropriately for the occasion will result
in the hearing or trial being continued until such person has
complied with the Court's stated policy.
A. At any
time after the service of the complaint, the Judge assigned to
the case shall conduct a scheduling conference and issue a
scheduling conference shall be attended by all counsel of
record. Prior to the conference, counsel shall determine (1)
their trial availabilities, (2) client's willingness to
participate in settlement conference or other alternate dispute
resolution methods, and (3) discovery time.
Scheduling Order shall establish the following:
for filing summary judgment motion
Other matters appropriate for the Scheduling Order
so ordered shall not be modified except by Order of the Court.
D. For good
cause shown, counsel may be permitted to participate
telephonically. Prior written approval must be obtained from
PRE-TRIAL PROCEDURE PURSUANT TO RULE 16, ORCP
A. At the
discretion of the Court, any civil case may be assigned for a
parties and their respective counsel shall appear at each
pre-trial session. A corporate party may appear by an officer
or by an employee having knowledge of the subject matter of the
A party who is
insured concerning the claims of the case may appear by a claims
representative of his public liability insurance company.
However, if the pre-trial judge finds that the presence of the
insured party is essential to the conduct of the pre-trial, he
may direct such party to appear in addition to the claims
representative. A party unable to appear by reason of illness,
or other disability, or residence outside of the jurisdiction of
the Court, may be excused from appearing upon application to the
pre-trial judge. If such party is excused, it is mandatory that
he be available by telephone at the time of the pre-trial in
order to assist in negotiations. A party may be excused if
counsel represents to the Court that he has full and complete
negotiations and settlement authority without resort to
telephone calls or other devices to contact the client. Whether
or not the case is settled, it is likely that by reason of the
knowledge gained at pre-trial, the case will be more efficiently
pre-trial hearing will be held in a conference room with
attorneys for the parties being present only. In the first part
of the pre-trial hearing, the pre-trial judge shall inquire into
the issues of the case and shall ready the case for trial,
reducing to a written pre-trial order all action taken. In the
second part of the pre-trial hearing, the pre-trial judge shall
undertake separate negotiations with each side, at which the
possibility of terminating the case is thoroughly explored.
objects of all pre-trial hearings are as follows:
discussion of the issues of the case in which counsel for each
party is requested to state the factual and legal contentions of
his party, with the Court free to direct inquires to clarify the
contemplated amendments to the pleadings shall be consummated
immediately or completion deadlines shall be fixed.
shortening of trial time by the accomplishment of all possible
stipulations as to waiver of jury and as to all matters not
actually in dispute, including, but not imited to, the issues of
the case, identity and authenticity of documentary evidence,
photographs, hospital records and other physical exhibits.
undetermined interlocutory matters, including, but not limited
to, objections to deposition questions, interrogatories, motions
for physical examinations, motions for production of hospital
records and other evidence under the control of the parties,
shall be ruled on; and the filing and hearing of any motion for
summary judgment may be arranged.
pre-trial judge shall have authority to decide any undetermined
preliminary matters; to record any admissions, stipulations or
agreements; to hear and determine the case with the consent of
the parties; to advance the case for immediate trial; to make
whatever findings, orders, judgment of decrees as may be
warranted and proper under the circumstances and with the scope
and spirit of the rule, including the consideration of any
pending motion for judgment on the pleadings or for summary
judgment; to set the case for trial or dismissal, or to take
other appropriate action under the rule if either or all of the
parties and their respective counsel fail to appear at the
pre-trial hearing having notice thereof.
of the parties or their counsel made in the course of any
pre-trial hearing shall not be binding upon the parties unless
expressly made so by written stipulation in the course of the
pre-trial or as set forth in the Judge's pre-trial order.
pre-trial judge shall enter a pre-trial order reciting, or
otherwise confirming in writing, any amendments allowed to the
pleadings, any admissions, stipulations or agreements, action
taken or orders, judgments or decrees made in the course of
pre-trial hearing, which order shall control the subsequent
course of the case unless thereafter modified to prevent
agreement of all parties to arbitrate a medical claims as
defined in Section 2305.113 (E) O.R.C., said case may be
assigned for arbitration as provided in Section 2711.21.
assignment of the Court at the scheduling conference in any
action wherein the amount in controversy does not exceed
$50,000, said case may be assigned for arbitration; actions
involving title to real estate, equitable relief and appeals are
agreement of the parties at the scheduling conference where the
amount in controversy exceeds $50,000, said case may be assigned
for arbitration; any time after the scheduling conference, the
agreement to arbitrate must be done with leave of Court.
Selections of Arbitrators and Manner of Appointment.
Medical, Dental, Optometric, Chiropractic Claims: Pursuant
to the provisions of Section 2711.21, the three members of the
panel shall be appointed by the Judge to whom the case is
assigned as follows:
(a) The Judge to whom the case is assigned shall designate
within forty-five (45) days after the filing of the agreement to
arbitrate the arbitration panel chairman.
(b) The names of the two (2) members of the panel to be
appointed by the plaintiff(s) and defendant(s), respectively,
shall be submitted to the Judge within ten (10) days after
receipt of the designation provided for in (a) above.
(c) If there is a failure of one or more parties to appoint one
or more arbitrators as in (b) above, the Judge shall appoint an
arbitrator or arbitrators for the party or parties failing to
comply, such appointment shall be made within five (5) days.
Civil Actions: In non-medical claims cases, the Court will
appoint one or more arbitrators from a list of those lawyers who
have consented to serve in such capacity. If the Court appoints
a single arbitrator, a party may file a written request for the
appointment of a board of three arbitrators.
3. No party
appointed as an arbitrator shall have any interest in the case
disclosure shall be made to the arbitrators prior to their
filing of their report and award of any offers of settlement
made by any party. Prior to the delivery of the pertinent
portions of the case file to the chairman of the board of
arbitrators, the assigned Judge shall examine the file and
remove all papers or notations referring to demands or offers
for settlement. The file shall be forwarded to the chairman of
the board of arbitrators at the time of the assignment of the
of a case to an arbitration board shall not limit the right of
the parties to continue discovery pursuant to the Rules of Civil
Hearings; When and Where Held; Notice.
shall be held at a place scheduled by the Assignment
Commissioner. A hearing shall be scheduled not more than
forty-five (45) days after the appointment of the board of
arbitration, and the Assignment Commissioner shall notify the
arbitrators and the parties or their counsel in writing at least
fifteen (15) days before the hearing of the time and place of
sufficient time is available to the parties prior to the hearing
date to settle or compromise a dispute, once a hearing date is
set, the hearing shall proceed forthwith at the scheduled time.
There shall be no communications by counsel or the parties with
the arbitrators concerning the merits of the controversy prior
to the commencement of the hearing.
When the case
has been scheduled and such date is agreed to by all parties,
there shall be no continuances without the consent of all
parties as well as the consent of the chairman of the board of
of a Party.
arbitration may proceed in the absence of any party who, after
due notice, fails to be present or fails to obtain an
adjournment. An award shall not be made solely on the default
of party; the panel shall require the other party to submit
evidence as they may require for the making of the award.
of Hearing; General Powers.
member(s) of the panel shall be the judges of the relevancy and
materiality of the evidence offered and conformity to legal
rules of evidence shall not be necessary. All evidence shall be
taken in the presence of the arbitrators, of all the parties,
except where any of the parties is absent, in default or has
waived the right to be present. In addition to oral testimony,
the panel may receive the evidence of witnesses by affidavit,
deposition, videotape deposition, interrogatories or written
report, and shall give it such weight as the panel deems is
justified after consideration of any objections which may be
made to such evidence. In the instance of affidavits and
written reports, copies shall be furnished to counsel for all
parties not less than two (2) weeks in advance of hearing.
shall, upon request and whenever possible, produce a party or
witness at the hearing without the necessity of a subpoena.
shall have the general powers of a court, including, but not
limited to, the following:
Subpoenas: To cause the issuance of subpoenas to witnesses to
appear before the board and to request the issuance of an
attachment according to the practice of the courts for failure
to comply therewith. Issuance of subpoenas will be done in the
same manner as is used in other types of cases.
Production of Documents: To compel the production of all books,
papers and documents which are deemed material to the case.
Administering Oaths; Admissibility of Evidence: To administer
oaths or affirmations to witnesses; to determine the
admissibility of evidence; to permit testimony to be offered by
depositions; and to decide the law and the facts of the case
submitted the panel.
Supervisory Powers of the Court.
The Judge to
whom the case is assigned shall have full supervisory powers
with regard to any questions that arise in all arbitration
proceedings and in the application of these rules.
shall be in the same amount as now or hereafter provided to
witnesses in trials in the Common Pleas Court of Logan County,
Ohio, which shall be taxed as costs.
Transcript of Testimony.
shall provide, at the request of any party, an official court
reporter for each medical malpractice arbitration hearing. The
cost shall be assessed pursuant to Section 2301.21, O.R.C.
(30) days after the hearing, the chairman of the panel shall
file a written report and award with the Clerk of the Court of
Common Pleas and on the same day shall mail or otherwise forward
copies thereof to all parties to the arbitration or their
counsel. In the event that all three members do not agree on
the finding and award, the dissenting member shall submit a
written dissenting opinion to be filed with the majority report.
Effect of Report and Award; Entry of Judgment.
1. In medical
claims all parties shall file a Notice of Acceptance or
Rejection within thirty (30) days of the filing of the Report.
If the Report is accepted, the Court shall enter judgment in
2. In all
other claims, any party may appeal the award to the Court if,
within thirty (30) days after the filing of the award with the
Clerk of Courts, the party
files a Notice of Appeal with the Clerk of Courts and serves a
copy thereof on the adverse party or parties accompanied by an
affidavit that the appeal is not being taken for delay; and (b)
reimburse the County for all fees paid to the arbitrators in the
under Subparagraph M (2) shall be de novo proceedings at
which members of the deciding board or the single arbitrator are
barred as witnesses. Exceptions to the decision based on
misconduct or corruption of the board or single arbitrator may
also be filed by any party within thirty (30) days after the
filing of the report, and, if sustained, the report shall be
Compensation of Arbitrators.
member of a panel of arbitrators appointed pursuant to this
rule, unless he has waived in writing his right to compensation
prior to the hearing, shall receive as compensation for his
services in each case a fee of Five Hundred Dollars ($500.00)
for the first day plus Three Hundred Dollars ($300.00) for each
fractional half day thereafter. When more than one case arising
out of the same transaction is heard at the same hearing or
hearings, it shall be considered as one case insofar as
compensation of the arbitrators is concerned. The members of a
board shall not be entitled to receive their fees until after
filing the report and award with the Clerk of Courts. Fees paid
to arbitrators shall be assessed pursuant to Section 2711.21,
O.R.C. and shall be taxed as costs, one-half to plaintiff(s) and
one-half to defendant(s). At the time of the filing of a motion
for arbitration, the party making such motion shall deposit
Seven Hundred Fifty Dollars ($750.00) as a guarantee for such
costs. If there are multiple movants and they cannot agree as
to their proportionate share of the deposit, upon proper motion,
the Judge to whom the case is assigned shall order the
apportionment. When it appears proper, the Court may order
2. In cases
which require additional deposits for payment of arbitrators due
to the arbitration lasting more than one day, the deposit to
cover the additional costs shall be made not later than five (5)
days after the completion of the arbitration.
3. Payment of
fees shall be authorized by the Judge to whom the case is
assigned by Court Entry on a form to be provided by the
4. In all
cases in which the movant(s) has filed a poverty affidavit or in
which an insufficient deposit has been made to pay movant(s)'s
portion of the compensation due the arbitrators and in which an
award, settlement or judgment has been made in favor of the
movant(s), the losing party(ies) shall first pay to the Clerk of
this Court out of such award, settlement or judgment and before
making any payment to the movant(s), an amount equal to the
undeposited movant(s)'s portion of the compensation due the
arbitrators. Otherwise, all compensation for arbitrators not
paid from costs shall be paid upon proper warrant from the funds
of Logan County, Ohio.
The Court may
assign any civil case for a settlement conference. The parties
and counsel shall attend. In case of an insured party, a
representative of the carrier must attend. Each party should
evaluate their case prior to this conference and be prepared to
make their final settlement position known. A brief statement
outlining the facts, issues, and available insurance coverage
shall be submitted to the officer conducting the conference and
not filed with the Clerk. Said written statement shall be
served upon opposing counsel.
The Court will
issue a sealed report of the settlement conference which may be
relied upon by the parties if prejudgment interest is
requested. The settlement report shall be sealed by the Clerk
of Courts. Statements made at the settlement conference and
statements made in the written statement required above shall be
treated as settlement negotiations and shall not be admissible
County Common Pleas Court, General Division, hereby formalizes a
mediation program to utilize assigned mediators for civil and
domestic relation cases to decrease judicial involvement and
produce early, cost effective resolutions of pending cases
through mediated agreements.
At any time
after service of summons in any action within the jurisdiction
of this court, a case may be ordered to mediation at the
discretion of the assigned judge or magistrate (Revised Code
Section 2303.202). The mediation coordinator within seven days
after receipt of the court's order will assign a date for
initial mediation upon consultation with counsel and the
and counsel will receive confirmation of date set and a list of
participants ordered to attend the mediation conference.
Initial mediation will be scheduled for a minimum of two hours.
as a rule will not be granted. An agreement to mediate will
need to be signed prior to mediation. An advance copy will be
available upon request.
and counsel shall attend. In case of an insured party, a
representative of the carrier must attend. Each counsel shall
file with the mediator, but not with the Clerk, a concise
statement setting forth the facts, the disputed issues of fact
or law, and the amounts and type of insurance coverage
available. Said statement shall be served upon opposing
counsel. Each party shall be prepared to fully discuss the case
with the mediator as well as presenting crucial items of
made during the course of mediation assessment or the mediation
sessions shall not be admissible in any subsequent proceeding in
the Court (Revised Code Section 2317.023). Exceptions to
confidentiality are only as provided by state statute including
the reporting of a crime or of child abuse or neglect (Revised
Code Section 3109.052 and 2151.421). The mediator will not be
called as a witness in any future legal proceeding that may
involve matters discussed by the parties at mediation. No
records, notes, or other work product resulting from the
mediation will be called for or subpoenaed in the future by any
party (Revised Code Section 3109.051(C); State ex. rel.
Schneider v. Kreiner (1998), 83 Ohio St.3d 203).
The Court may
charge a reasonable fee to be collected on the filing of each
civil or criminal action and that is to be used in the
implementation of dispute resolution procedures (Revised Code
Section 2303.202). The parties may agree among themselves how
to apportion the costs of mediation. In the event that they
cannot agree, the Court shall apportion the cost of mediation
after considering the parties respective ability to pay.
scheduling conference or any point after service of summons the
Court may order parties to mediation.
When a full or
partial agreement is reached in mediation, a memorandum of
understanding will be created and signed by all parties.
ordered to mediation that fail to attend will be required to
show cause before the referring Judge or Magistrate as to why
they should not be held in contempt for defying the Court's
order. If a party is found in contempt sanctions deemed
appropriate by Judge or Magistrate will be issued. Failure of
Plaintiff to appear in Civil Mediation may result in the
complaint being dismissed. Failure of Defendant to appear in
Civil Mediation may result in the Answer being stricken and
judgment entered against Defendant.
appointed to serve as mediators shall have such qualifications
as deemed appropriate by the referring judge. In Domestic
Relations cases Superintendency Rule Sixteen shall apply. All
mediators are required to have a bachelor's degree and a juris
doctorate. Completion of at least twelve hours of basic
mediation training, or equivalent experience as a mediator is
required. A list of mediators and their experience and
qualifications shall be maintained by each court.
WITHDRAWAL OF FILES
The Clerk of
Courts shall not permit any original files pertaining to cases
entered upon the Appearance Docket to be taken from her office
or custody unless the same is delivered to the Judge of this
Court. Any individual found to be otherwise in possession of
such court records will be cited in contempt.
FINAL RECORD AND SATISFACTION OF JUDGMENTS
is not made unless ordered by the Court. Satisfaction of all
judgments is to be shown by entry. The practice of showing
satisfaction by having plaintiff's counsel show on the docket
that there has been satisfaction has been discontinued.
BRIEFS IN CASES TRIED TO COURT
any, in cases tried to the Court shall be submitted at the time
of the hearing unless the Court, for good cause, extends the
time for submitting the same.
The Court may
dismiss, after Notice of Intention to Dismiss, on its own
motion, all cases in which:
A. There has
been no affirmative action taken for six months;
parties and counsel have not responded to a show cause order.
affirmative action is taken (such as request for assignment or
request, for good cause, that the case be allowed to pend), any
such cases will be dismissed after any established deadline is
passed after depositing in the Clerk of Court's drawer notice to
counsel and/or parties that the Court is considering dismissal
of such case. Such dismissals shall be without prejudice,
without record and costs to be taxed as the Court deems just.
PROCEEDINGS IN AID OF EXECUTION
with the Proceedings in Aid of Execution, unless a party
objects, instead of sending a paymaster or other witness to
testify before the Court, the defendant's employer may answer a
questionnaire and send it by mail to the Clerk. Such reports
are returnable to the Clerk on or before 10:00 A.M. on the
Monday following the week in which the proceeding was filed.
conclusion of any debtor's examination or other such proceedings
in aid of execution, the party conducting the same shall see
that an entry is filed reflecting the satisfactory completion of
the proceedings so the Court will know that further steps are
trustee administering a trust in this Court shall render an
account of the administration of his trust at least once in each
two (2) years, unless upon order of the Court, on its own
motion, or upon the motion of any person interested in the trust
for good cause shown, such account be required at other times.
B. Every such
trustee shall render a final account within thirty (30) days
after termination of such trust, or within such period of time
as the Court may order.
accounts shall be prepared, filed, assigned for hearing, notices
published and exceptions taken in such manner as prescribed for
D. If such
trustee neglects or refuses to file an account when due or when
ordered by the Court, the Court on its own motion may, and on
the application of any interested party, issue a citation to
such trustee to compel the filing of the overdue account. In
case such trustee fails to file such account within thirty (30)
days after he has been served with such citation, no allowances
shall be made for his services in the Court IF the
Court finds that such delay was unreasonable.
application is made for the appointment of a Receiver, the
hearing thereon shall be ordered by an entry and notice to
interested parties. Unless otherwise ordered, a schedule of
secured and unsecured creditors shall be filed within five (5)
working days from the time the application for a Receiver is
filed in order that the record will show who is "interested".
creditors and secured creditors whose security is threatened
shall have their recommendations as to the appointment of the
Receiver and his counsel carefully considered.
shall post bond as ordered by the Court and file an inventory
not later than thirty (30) days from his appointment. Unless
otherwise ordered, the practice prescribed by statute in the
administration of decedent's estates shall be followed as to
notice and hearings on exceptions to such inventory.
accounts, unless otherwise ordered, the procedure prescribed by
statute for decedent's estates shall govern.
shall keep a docket of all cases in which a receivership is
ALLOWANCE TO FIDUCIARIES FOR SERVICES AND ATTORNEY'S FEES
In any matter
pending in this Court in which a Trustee, Receiver or other
fiduciary has been appointed by this Court, and such fiduciary
desires to secure from the Court an allowance of compensation
for his services and/or for attorney's fees for services
rendered, such fiduciary shall:
A. File in
this Court a written application for such allowance, which said
application shall contain notice of the time and date for the
hearing of the same, which shall not be less than five (5) days
from the filing of such application and shall file a sufficient
number of copies of such application so that one of such copies
shall be available to each counsel. At or after the time and
date of the hearing for such application, the Court shall make
such order and judgment as it may deem proper.
provisions of this Rule shall not apply to applications for
compensation where the account requested is less than One
Hundred Dollars ($100) nor shall the rule be applicable to
actions wherein such fees or compensation are fixed in journal
entries which are approved by counsel of the other parties in
the case in question.
Commissioner shall conduct at the courthouse, under the
supervision of the Court, examinations of all applicants for
appointment as Notaries Public of this county for the purpose of
determining whether the applicant possesses the qualifications
necessary to the proper discharge of the duties of the office
set forth in Section 147.02 of the Ohio Revised Code. This
Rule, however, shall not apply to persons who are admitted to
practice law in this State and those appointed official court
applicant shall first file with the Assignment Commissioner his
application, a statement in writing, under oath, which statement
shall be in such form and set forth such matters as this Court
shall prescribe. The Court shall duly pass on the application
as the facts and the law may require.
application shall be accompanied by a fee in the amount
hereinafter provided, which will be returned to the applicant if
he is not permitted to take the examination by reason of a lack
of citizenship, legal residence or other statutory requirement.
If his name is placed on the examination roll and he fails to
receive a recommendation of approval, a new application may be
filed and an additional examination fee in the amount
hereinafter provided must accompany each such subsequent
The Court will
not consider or act upon the application of any person to become
a Notary Public unless there is first submitted to him the
aforesaid statement in writing, under oath.
filed seeking to have a notary removed, suspended or disciplined
shall be heard by the Court at such time and place as the Court
shall determine and after notice thereof to the complainant and
the individual or individuals against whom the complaint is
applicant is not qualified for appointment to the office of
Notary Public, said applicant may file a new application for
reexamination, within one (1) month. Should said applicant upon
second examination be still unqualified to hold said office,
then said applicant shall not be permitted to file an
application for an additional examination until thirty (30) days
shall have elapsed from the date of said second examination.
Should said applicant be still unqualified to hold said office
upon said third examination, then said applicant shall not be
permitted to file an additional application.
Any person who
has been commissioned as a Notary Public heretofore by this
Court, who desires a renewal of such commission, shall file his
application on a form provided by the Secretary of State for
such renewal with the Court, who may approve or refer for
examination as provided.
The amount of
the fees hereinbefore designated to be paid are fixed as
of the fee of $25.00 for an original application, the applicant
shall be entitled to receive a copy of the Guidebook for
Notaries Public, without charge, otherwise the cost of such
guidebook shall be $1.00.
Magistrates of this Court are hereby appointed to assist the
Court in Civil, Domestic Relations, and Criminal proceedings.
The Magistrates are hereby granted all the power and authority
not excluded by law and as previously ordered by this Court.
to a Referee in law shall mean Magistrate. Said Magistrates
shall have all powers and authority to act pursuant to any rule
or statute applicable to their office.
of this Court shall proceed in accordance with the provisions
contained in Ohio Civil Rule 53 to bring such proceedings to a
fair and just conclusion.
A. The Court
hereby adopts the written security policies and procedural
manual as recommended by the Court's Security Advisory
Committee. The Court should regularly review and revise this
B. The Court,
in conjunction with the Probate/Juvenile Division of this Court,
and in conjunction with the Bellefontaine Municipal Court, has
previously appointed a local Court Security Advisory Committee
pursuant to Standard 2 of the Court's Security Standards.
Each year with
the organization of the Common Pleas Court, the membership of
the Security Committee should be reviewed and replacements
appointed by the Presiding Judge of this Court.
persons entering the Court facility including elected officials,
Court personnel, attorneys, law enforcement and security
officers are hereby subject to security screening on each visit
to the Court facility.
armed law enforcement officers shall be assigned specifically to
ensure the security of each courtroom proceeding. Such officers
should be certified through the Ohio Peace Officer Training
Council and should receive specific training on courtroom
security and weapons instruction specific to the court setting.
E. No weapons
shall be permitted in the court facility except those carried by
the court's security officers or by law enforcement officers
acting within the scope of their employment. Law enforcement
officers who are parties to a judicial proceeding as a
plaintiff, defendant, witness or interested party outside of the
scope of their law enforcement employment shall not be permitted
to bring weapons into the courtroom. A secure place to check
weapons will be provided by the court's security officers.
should be transported within the court facility through areas
which are not accessible to the public. If that is not
possible, the prisoner should be handcuffed behind the back and
secured by leg irons. A bailiff or court security officer or
other law enforcement officer shall remain with the prisoner at
all times. Each courtroom shall be equipped with a duress alarm
connected to the Sheriff's Office. The duress alarms will be
located in the Judge's chambers, magistrates' offices, and at
the work station of the bailiff.
G. The Court
will adopt procedures for the security of its judges and other
court personnel for periods of times outside of normal working
construction or remodeling of court facilities should include
circulation patterns that govern the movements of people in the
courtrooms. Judges, court personnel, and prisoners should have
separate routes to and from the courtroom.
violation of law that occurs within a court facility should be
reported to a law enforcement agency having jurisdiction. The
Court will adopt a policy for reporting security incidents and
the Court shall report said incidents to the law enforcement
agency having the appropriate jurisdiction. An annual report
shall be made to the Supreme Court of all incidents reported
under this Rule.
USE AND MANAGEMENT PLAN.
This Court has
previously adopted a Jury Use and Management Plan consistent
with the Ohio Trial Court Jury Use and Management Standards. A
copy of said Plan is available from the Jury Manager.
questionnaires submitted by prospective jurors along with the
names of those jurors being summonsed for service will be made
available to counsel one week prior to trial. Counsel should
respect the confidentiality of the jurors' questionnaires and
not duplicate them. Copies provided to counsel shall be
returned to the Court after voir dire.
the Court shall discuss jury voir dire at the re-trial and
establish a time limitation for questions by each side.
Questions shall be limited as follows:
case may not be argued in any way while questioning the jurors;
Counsel may not engage in efforts to indoctrinate jurors;
Jurors may not be questioned concerning anticipated instructions
or theory of law. This does not prevent general questions
concerning the validity and philosophy of reasonable doubt or
the presumption of innocence;
Jurors may not be asked what kind of a verdict they might
return under any circumstance;
Questions are to be asked collectively of the entire panel
Each party may
exercise those challenges recognized by law and the Rules of
Criminal and Civil Procedure. The Court will seat the number of
prospective jurors in the jury box equal to the number of jurors
who will serve plus the number of peremptory challenges that may
potentially be exercised. For instance, in a civil case, with
only two parties, the Court would seat 14 prospective jurors in
the jury box. Step 2, the Court will question the panel as a
whole on statutory grounds for challenges for cause; the
attorneys may then question the jurors; time limitations may be
agreed to or set by the Court and questions shall be limited as
set forth in (C) above. Challenges for cause may be made at any
time when it appears that under the laws that the juror should
not serve. If a challenge for cause is successful, a new person
will replace the dismissed prospective juror and the questioning
process will continue with the Court asking statutory grounds of
that new juror immediately before allowing the voir dire process
to continue. After the desired number of prospective jurors are
qualified for cause, the prospective jurors will be excused from
the courtroom and the Court will allow the parties sufficient
time to prepare to exercise their peremptories. The Court will
then go back on the record with counsel outside of the hearing
of the jury and counsel may exercise their peremptory from the
first eight prospective jurors qualified for cause in the order
that they are selected from the jury wheel. After a peremptory
is exercised, the next numbered juror will become a prospective
juror and subject to peremptory challenge. This process will
continue until all peremptories are exercised or all parties
have consecutively passed.
other members of prospective jurors will be brought back for
further voir dire to qualified persons to be alternates.
PART II - CRIMINAL MATTERS
CRIMINAL RULES OF PRACTICE AND PROCEDURE
The purpose of
these rules of criminal practice is to provide the fairest and
most expeditious administration of criminal justice possible
within the requirements of the Ohio Rules of Criminal Procedure,
and the provisions of the Ohio Revised Code, the Ohio
Constitution and the U.S. Constitution. These rules shall be
constructed and applied to eliminate delay, unnecessary expense,
and all other impediments to a just determination of criminal
cases. Further, the disclosure and discovery requirements
placed upon both the prosecution and the defense are to fully
implement Rule 16 of the Ohio Rules of Criminal Procedure and
the requirements of Brady v. Maryland, 373 U.S. 83,
(1963). The rules of practice of this Court for civil cases
apply to all criminal proceedings, except where clearly
RULE CR1.03 Arraignment, discovery and
Arraignments will be scheduled at the time of the filing of a
bill of information or as ordered with an indictment.
(b) If the
defendant is not represented by counsel, a "not guilty" plea
will be entered on his behalf by the Court and rights reserved
for the filing of any motions regarding the change.
(c) If at
arraignment a "guilty" plea is entered by defendant:
1. A disposition date shall be set if said plea is to a felony
(d) If at
arraignment a "not guilty" plea is entered:
The Arraignment Judge will set a date and time for a
prosecutor's discovery conference and for a scheduling
An information packet shall be delivered to defendant's counsel
upon execution of a demand and receipt for same.
The information packet shall contain all matters discoverable
under Rule 16 unless the defendant has chosen to forego
discovery or demanded selective discovery, in which case the
information packet shall attempt to comply with the demand for
Execution of a demand and receipt and acceptance of the
information packet by counsel for defendant automatically
obligates defendant to supply reciprocal discovery as provided
in Rule 16, Ohio Rules of Criminal Procedure. Execution of the
demand and receipt is at the option of the defendant; if
defendant elects not to demand discovery or elects selective
discovery under Criminal Rule 16, the State is obligated only to
comply with the demand as required by Criminal Rule 16.
(e) The date
for trial, hearing of any preliminary motions, a final
pre-trial, motion cutoff dates and discovery dates will be fixed
at the scheduling conference or as soon thereafter as the Court
(f) At the
scheduling conference, the defendant must indicate whether or
not a guilty plea will be tendered.
petition to enter a plea of guilty or no contest must be
completed on the appropriate form (available from the Assignment
Commissioner's Office) prior to the scheduling of the hearing
thereon. Sanctions may be assessed to counsel for violation of
Continuance of criminal case
of any conference or hearing shall be granted to the prosecutor
or to the defense unless request is made in writing and/or in
open court. Any order granting a continuance shall contain the
date to which said trial is continued.
Act. Criminal cases bound over to this Court on which no
final action is taken by the grand jury within sixty (60) days
shall be dismissed forthwith and without prejudice. If the
complaining witness' testimony is not available, the case may be
continued by the Court for a definite period of time and such
continuance noted in the report of the grand jury.
Court appointment of counsel
appears to the Court that an accused in a criminal case is
indigent, the Court shall require the Defendant to complete and
sign before a notary an application for counsel on a form
prescribed by the state public defender.
A master list
of attorneys eligible to be appointed to represent indigent
defendants and the qualifications therefore shall be created by
the Judge of the General Division of the Common Pleas Court and
shall be maintained by the Court Assignment Commissioner.
attorney whose name does not appear on the master list may have
his/her name added upon request to the Court.
is responsible for assuring compliance with each requirement.
Copies of these Criminal Rules of Practice and Procedure and the
State Public Defender Commission's "Attorney Qualifications to
Represent an Indigent Client" can be obtained in the Assignment
shall appoint defendant's personal counsel if defendant so
chooses or, if defendant does not have personal counsel or does
not select to have such counsel represent him, the Court shall
appoint from its master list. The Court will attempt to
distribute said appointments equally among the master list as
long as the rights to effective counsel, due process, and a fair
trial can be preserved. The Court may consider practical
aspects such as the proximity of defendant's home to counsel's
Assigned counsel fees
schedule for assigned counsel cases shall be at an hourly rate
of $50.00 per hour for out-of-court services and $60.00 per hour
reimbursement requests must be returned to the Assignment Office
within thirty (30) days of the sentencing termination entry to
be eligible for payment by the County Auditor.
fees to be paid to attorneys in trial level proceedings are:
Offense/Proceeding Fee Maximum
Aggravated Murder (w/specs) $50,000*
O.R.C. 2929.04(A) and
Court Rule 20 of the Rules of Superintendence of the Common
Pleas Courts requires the appointment of two (2) attorneys in
capital cases. This fee is the maximum that will be paid on the
combined bills of both attorneys appointed to the case.
Aggravated Murder (w/o specs) $8,000/1 attorney
with Possible Life Sentence/
(degrees 1-3) 3,000
(degrees 4-5) 2,500
Misdemeanors (degrees 1-4) 1,000
probation, and all other
proceedings not elsewhere classified 500
of Court 300
duly appointed for post-conviction remedies and state habeas
corpus proceedings not involving a death penalty shall be
reimbursed at a rate of $50.00 per hour for out-of-court
services and $60.00 per hour for in-court services. The
following are the maximum fees permitted in post-conviction and
habeas corpus proceedings not involving a death penalty:
Offense/Proceeding Fee Maximum
Post-conviction proceeding with $1,500
Post-conviction proceeding without 750
Corpus with evidentiary hearing 1,500
Corpus without evidentiary 750
for post-conviction and state habeas corpus proceedings
involving a death sentence shall be based on the maximum rate of
$60.00 per hour for both out-of-court and in-court services to a
maximum of $12,500 for each stage of the post- conviction or
habeas corpus proceeding.
fee set forth above may be exceeded for extraordinary fees when
the same are approved by the trial judge where there were
extraordinarily complex issues, multiple offenses, lengthy
trials, or other reasons, warranting compensation at the rate
exceeding the maximum.
certificate when submitted shall include a separate written
statement noting that the Court had allowed extraordinary fees,
with the specific amount of the fee and the time involved
Reimbursement (payment) for reasonable expenses associated with
providing representation shall be made when submitted on the
attorney's fee certificate and approved by the Court. Expenses
include, but are not limited to, such items as expert witness
fees, polygraph examination costs, long distance phone calls,
photocopying, certain travel expenses and other necessary items
as approved in the discretion of the Court in advance.
Section 2953.21 Procedures
govern the procedure of the Logan County Court of Common Pleas
on a Petition under Ohio Revised Code Section 2953.21
(Post-Conviction Determination of Constitutional Rights:)
shall specify all the grounds for relief which are available to
the petitioner and of which he has, or by the exercise of
reasonable diligence, should have knowledge and shall set forth
in summary form the facts, without legal citation, supporting
each of the grounds. The petition shall be typewritten or
legibly handwritten and shall be signed and sworn to by the
petitioner. A petition shall be limited to the assertion of a
claim for relief against judgments entered by one court only.
If a petitioner desires to attack the validity of other
judgments of that court under which he is in custody, he shall
do so by separate petitions.
Preliminary Consideration by Judge.
petition shall be presented promptly to the Judge of the Common
Pleas Court who was originally assigned the petitioner's case at
trial. If that trial judge is no longer serving, then the
Petition should be presented to the current judgment of the
Common Pleas Court.
A party may
invoke the processes of discovery available under the Ohio Rules
of Civil Procedure, including Rule 26, 28, 29, 30, 31, 32, 33,
34, 35, 36, 37 or elsewhere, in the usages and principles of law
if, and to the extent that, the Judge, in the exercise of his
discretion and for good cause shown, grants leave to do so, but
not otherwise. If necessary for effective utilization of
discovery procedures, counsel shall be appointed by the Judge
for a petitioner who qualifies for appointment under Chapter 120
of the Revised Code.
Determination by the Court. If the petition has not been
dismissed at a previous stage in the proceedings, the Judge,
after the answer is filed and any transcripts of records of
prior court actions in the matter are in his possession, shall,
upon a review of those proceedings and of the expanded record,
if any, determine whether an evidentiary hearing is required.
If it appears that an evidentiary hearing is required, the Judge
shall make such disposition of the petition as justice dictates.
Function of the Magistrate. When designated to do so in
accordance with Rule 53 of the Ohio Rules of Civil Procedure, a
magistrate may conduct hearing, including evidentiary hearings,
in the petition, and submit to a Judge of the Court proposed
findings of fact and conclusions of law.
or Successive Petitions.
Petitions. A petition for relief pursuant to these rules
may be dismissed if it appears that the State of Ohio has been
prejudiced in its ability to respond to the petition by delay in
its filings, unless the petitioner shows that it is based on
grounds of which he could not have had knowledge by the exercise
of reasonable diligence before the circumstances prejudicial to
the State occurred.
Successive Petitions. A second or successive petition may
be dismissed if the judge finds that it fails to allege new or
different grounds for relief and the prior determination was on
the merits, or, if new and different grounds are alleged, the
grounds in a prior petition constitute an abuse of the procedure
governed by these rules.
CR1.14 Media Coverage of Court Proceedings
for permission to broadcast, televise, photograph, or otherwise
record proceedings in the courtroom shall be made in writing to
the Judge. Such application should be made as far in advance as
is reasonably possible but in no event later than twenty-four
(24) hours prior to the courtroom session to be recorded. The
Judge involved may waive the advance notice provision for good
cause. All applications shall become part of the record of the
to Canon 3A of the Code of Judicial Conduct and Superintendence
Rule 12, the Judge shall grant the request and record that
permission in writing. In the event that a question arises as
to whether the requested coverage is consistent with Canon
3(A)(7)(ii), interested representatives of the media shall
select one of their number to represent them and shall be
granted an opportunity to be heard.
C. All media
representatives interested in recording courtroom proceedings
shall do so through the pooling of their respective resources.
otherwise directed by the involved Judge, no more than one video
camera shall be used in the courtroom. Each camera shall have
one operator. No artificial lighting other than that normally
used in the courtroom shall be used without express permission
of the Judge.
representatives shall be afforded a clear view of proceedings in
the courtroom but shall not be permitted to move about in the
courtroom during the court proceedings except for reasonable
ingress to and egress from the courtroom. No interview shall be
conducted inside the courtroom during such proceedings.
needed for the pool shall be located where possible outside the
courtroom. Changes of cassette or film shall not be made inside
the courtroom during proceedings. No equipment shall be used
inside the courtroom which produces distracting sounds. All
equipment in the courtroom must be set up fully and be
operational before the beginning of the court proceeding and be
moved or disassembled only during recesses.
courtroom has an existing audio system that is technically
satisfactory for broadcast purposes, the medial pool shall
utilize this system. If no such system is available, the pool
shall place microphones and wiring as unobtrusively as possible
after initial consultation with the Judge or his designee.
Only one audio
system is permitted in the courtroom. Where time does not
permit set up of an audio system, the pool may utilize a
recording device with built-in microphone provided the Judge
gives permission for this equipment.
There shall be
no audio pick-up of conferences conducted in a court facility
between attorneys and clients or co-counsel, counsel or of
conferences conducted at the bench between counsel and the
Judge. The filming, videotaping, recording or taking
photographs of jurors shall not be permitted in any
circumstances. The filming, videotaping, recording or taking
photographs of witnesses shall only be done with the permission
of said witness; the Court's Bailiff should be contacted to
determine which witnesses have consented to be photographed.
Proper courtroom decorum shall be maintained by all in the
consultation with the media, the Judge shall specify the
location(s) within the courtroom where operators and equipment
may be located.
Victim Offender Mediation
At any time
after the scheduling conference the assigned Judge may order a
defendant to an assessment for participation in the
Victim-Offender Mediation Program. Participation in a Victim-
Offender mediation session will be voluntary for both the victim
RULES OF THE COURT OF COMMON PLEAS OF LOGAN COUNTY, OHIO
PART III - DOMESTIC RELATIONS
RULE DR 1
PLEADING AND GENERAL PROVISIONS
1.01 COMPLIANCE WITH OHIO RULES OF CIVIL PROCEDURE AND
special rules for domestic relations cases to be used in
addition to the Ohio Rules of Civil Procedure and the Local
Rules of this Court.
1.02 AFFIDAVITS REQUIRED TO ACCOMPANY PLEADINGS AND
AFFIDAVIT OF INCOME AND EXPENSES (DR-10)
pleadings, and all post decree motions wherein child support or
spousal support could be an issue (including agreed entries)
must be accompanied by Form DR-10. The responding party shall
file Form DR-10 at least three (3) days prior to hearing.
Copies of income verification (one month's recent pay stubs and
the most recent Federal Income Tax Return) must be attached to
the affidavit. This affidavit must be served with the original
pleading upon the opposing party.
ALLOCATION OF PARENTAL RIGHTS/CHILD CUSTODY AFFIDAVIT -
filings for divorce, dissolution, annulment, or legal separation
and all motions for the modification of such orders which
involve allocation of parental rights and responsibilities for
minor children must be accompanied by a child custody affidavit
completed pursuant to O.R.C. 3109.27.
MOTIONS/CHILD SUPPORT COMPUTATION WORKSHEET
original pleadings for divorce, dissolution, annulment, or legal
separation which involve child support shall be accompanied by a
child support computation worksheet completed in conformance
with O.R.C. 3119.022.
motions for the establishment or modification of support orders
must be accompanied by a child support computation worksheet and
shall set forth the specific language of the last order, the
date of such order, and the reasons for requesting the
modification. The motion shall be support by affidavit.
TITLE IV-D APPLICATION
support order is requested or modified, the movant shall execute
and file with the Court an application for Title IV-D services
pursuant to O.R.C. 3119.01.
1.04 SUPPLEMENTAL PLEADINGS
written argument, brief or request for findings of fact or
conclusions of law filed after a case has been taken under
advisement must be filed with the Clerk of Courts, a copy
delivered to opposing counsel and served on the Judge or
Magistrate who is hearing the case.
1.05 ADDITIONAL FORMS
The Court may
furnish and require to be executed and filed with the Clerk of
Courts such forms as it may require from time to time.
1.06 COMMON GROUND PARENTING PROGRAM
involved in a divorce, dissolution, legal separation, or when
the Court finds it appropriate, where children are involved,
shall attend the Common Ground Parenting Program.
Ground Parenting Program is designed to assist parents in
resolving issues that may arise in this type of action. The
program is mandatory in all actions involving children and is
not intended to be a negative reflection on parents. The Court
must focus on the best interest of the children and this program
helps the parties do the same. At the conclusion of this
program, a certificate of attendance will be filed in this
case. If you do not attend, the Court will take your refusal to
attend the program into consideration in allocating parental
rights and responsibilities and may order your attendance at
additional cost to you.
1.07 DEPOSIT TOWARD COSTS
provided in Rule DR 7, no domestic relations action shall be
accepted for filing with the Clerk of Courts without a filing
fee as determined by the Court or an affidavit of indigency
accompanied by an appropriate motion and entry. Similarly, no
domestic relations action shall be accepted for filing unless
all outstanding court costs from prior actions are paid in full.
costs must be posted to cover witness fees plus mileage for all
witnesses to be subpoenaed.
Parties to an
action may be required to deposit funds as directed by the Court
for guardian ad litem, home study investigation or appraisal
1.08 STYLE OF CASE
relations complaints and orders must contain in the style of the
case each party's date of birth, social security number, and
current address. In cases where a party is representing him or
herself pro se, the party shall also include their
1.09 REAL ESTATE DESCRIPTION REQUIRED FOR FINAL ENTRY
orders which involve marital real estate shall include a legal
description of any such real estate in the final entry.
1.10 SERVICE BY POSTING
Civil Rule 4.4 (A)(2), service by publication in in forma
pauperis cases of divorce, annulment or legal separation shall
be by posting and mail. Posting shall be in a conspicuous place
on the 2nd floor of the Courthouse and the following two
additional public places:
Department of Human Services
East Columbus Avenue
Bellefontaine, OH 43311
Logan County Health Department
South Main Street
Bellefontaine, OH 43311
1.11 MUTUAL TEMPORARY RESTRAINING ORDERS
parte mutual temporary restraining order may be obtained
by either party at or after the commencement of a case so
long as it is accompanied by a supporting affidavit. The
affidavit shall set out specific facts which justify the
issuance of the restraining order. Only the following language
will be approved ex parte. Any other request for a
restraining order shall be awarded only upon motion and hearing.
It is ORDERED
that each spouse is enjoined from committing any of the
Removing or causing to be removed, the child(ren) born or
adopted by the parties and/or the child(ren) of either or both
spouses, if any, from the Court's jurisdiction; and
Causing physical abuse, annoying, inflicting bodily injury,
attempting to cause or recklessly cause bodily injury,
threatening the use of force or imminent physical harm,
stalking, harassing, interfering with or imposing any restraint
of the personal liberty of the other spouse, committing any act
with respect to a child in violation of the Revised Code of
Incurring debt in the name of the other spouse except for
necessary food, housing, utilities, medical care, and necessary
Selling, removing, transferring, encumbering, pledging,
hypothecating, damaging, hiding, concealing, assigning or
disposing of any and all property, real or personal, owned by
both or either spouse or a child (including household goods,
vehicles, financial accounts, and the personal property of each)
without the prior written consent of the spouse or the Court.
Excluded is any account now used for the payment of living
Voluntarily changing the term of, or beneficiary of,
terminating coverage of, cashing in, borrowing against,
encumbering, transferring, canceling or failing to renew any
type of insurance, including health, automobile, life, home,
liability, disability, or fire insurance that provides coverage
for a spouse or child(ren) born or adopted by the parties; and
6. Voluntarily liquidating, cashing in, changing the
beneficiary of, terms, or conditions of any retirement or
pension plan or program that provides any benefit to a spouse or
child(ren) born or adopted by the parties and/or of either or
both spouses; and
Voluntarily interrupting or terminating any utility
service to the marital residence without prior written consent
of the other spouse or the Court.
Nothing in the
above restraining order precludes either spouse from using
his/her property to pay necessary and reasonable attorney fees,
litigation and court costs in this action
This is an
official Court Order. If you disobey any order of Court, you
may be found in contempt of Court, sentenced to jail, fined, and
ordered to pay costs and attorney fees in addition to any other
legal remedy available to the spouse, child(ren), or other
dependent affected. This Order is in effect until (1) the Court
issues an order which modifies or terminates it or (2) a
judgment for divorce, dissolution, or legal separation is filed
with the Clerk of Courts.
RULE DR 2
CHILD SUPPORT/SPOUSAL SUPPORT
2.01 SUPPORT ORDERS
To comply with
the mandates of the Ohio Revised Code all support orders shall
be made through the office of child support, and this Rule shall
act as a Court Order if such language is not specifically in any
decree or judgment entry of this Court.
modified herein, all orders for support, either child support or
spousal support, shall be handled in the same manner.
(A.) In all
cases in which a child support order is made in a final decree,
the decree must have a Child Support Computation Worksheet
(B.) If the
amount of child support ordered deviates from the amount
indicated on the worksheet, the decree shall state that the
schedule amount is inappropriate or unjust; the decree shall
contain findings of fact supporting the deviation. The Court
may refuse to approve orders which are not, in the Court's
opinion, in the best interest of the children.
is a Judgment Entry/Support Order (DR.07) with Health Insurance
Provision that contains the required notices and provisions.
This entry is provided as a convenience and should not be meant
to preclude attorneys from submitting their own entries.
However, the provisions in this order will be easier for us to
check, and may result in fewer entries being returned for
2.02 HEALTH CARE COVERAGE
Revised Code 3119.30 and 3119.31 all child support orders must
include provisions specifying which parent is responsible for
providing health care coverage for the child(ren). An equitable
formula for the payment of extraordinary medical expenses
defined in 3119.01 shall be included.
treatment of a non-emergency condition, the non-custodial parent
shall be entitled to secure a second opinion at his own expense.
2.03 RELIEF FROM TEMPORARY ORDERS
party feels aggrieved by a temporary support order made in
accordance with these rules, such party shall file an
appropriate motion for relief. Copies of such motions shall be
served in accordance with the Civil Rules. A time for oral
hearing on the motion may be obtained from the Assignment
Commissioner. Hearing dates may be requested on a priority
ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES
3.01 TEMPORARY RESIDENTIAL PARENT STATUS EX PARTE
If the parties
no longer share the same household at the commencement of an
action of divorce, annulment or legal separation involving the
allocation of parental rights and responsibilities of minor
children, the Plaintiff may file with the complaint an entry for
approval by the Court granting temporary residential parent and
legal custodian status to the person having actual physical
custody preceding the filing of the complaint.
If the parties
shared actual physical custody preceding the filing of the
complaint, the order shall grant temporary residential parent
and legal custodian status to the person who was the primary
caretaker of the children prior to the filing of the
If the parties
remain in the same household, there shall be no provision as to
the allocation of parental rights and responsibilities.
3.02 RELIEF FROM TEMPORARY RESIDENTIAL PARENT ORDER
party feels aggrieved by an order granting temporary residential
parent status, such party may file an appropriate motion for
relief. Copies of such motions shall be served in accordance
with Civil Rules. A time for oral hearing shall be obtained
from the Assignment Commissioner. A time for hearing may be
requested on a priority basis.
3.03 PERMANENT ALLOCATION OF PARENTAL RIGHTS AND
allocating parental rights and responsibilities shall be
established through one of the following procedures, as
(A) When both
parties request shared parenting and file a single shared
parenting plan, a parenting conference shall be scheduled before
the Judge or Magistrate and the following documents shall be
submitted for approval:
A shared parenting plan shall include provisions covering all
factors relevant to the care of the children including:
Physical living arrangements of the children
Child Support (sole custody worksheet, R.C. 3119.022 must be
submitted and DEVIATION PROCEDURES MUST BE FOLLOWED)
Medical and dental care plan
The parent with which the children will be physically located
during legal holidays, school holidays, and other days of
A designation of legal custodian, if necessary welfare or school
(B) When both
parents request shared parenting, but submit separate plans:
The parties shall advise the Judge or Magistrate that two plans
will be filed and schedule a parenting conference with the Judge
or Magistrate who will be hearing the matter.
Thirty (30) days prior to the parenting conference each party
shall submit their shared parenting plans to the court and to
each other. The plans must include at least the information
required in (A)(1), (a) through (f) above.
At the parenting conference, the Judge or Magistrate will review
the separate plans. Counsel shall request sufficient time to
present their case.
(C) When one
party requests shared parenting and the other parent objects:
The requesting party shall schedule a parenting conference and
advise the Judge or Magistrate of the intention to file a shared
Thirty (30) days prior to the parenting conference, each party
shall submit their shared parenting plans to the Court and to
each other. The plans must include at least the information
At the parenting conference, the Judge or Magistrate may take
evidence on the issue of whether to grant or deny the shared
parenting request. Counsel shall request sufficient time to
present their cases.
(D) When a
shared parenting request is denied, or in cases in which neither
parent requests shared parenting, the parties shall:
Agree that one parent shall be designated the residential parent
and legal custodian and divide between the parents the other
rights and responsibilities for the care of the children,
including the duty of support and visitation.
Advise the Court that each party seeks to be the residential
parent and legal custodian and set the matter for a scheduling
conference. Upon learning that each parent seeks to be the
residential parent and legal custodian, the Court at the
scheduling conference may issue an Order regarding:
(a) the nature of any investigation to be conducted;
(b) the parties' participation in mediation pursuant to O.R.C.
(c) the timetable for completion of investigations, discovery
(d) the necessity for psychological evaluations, the
appointment of the evaluator, and the source of payment for the
evaluation, along with a timetable for completion of the report;
(e) a date for a scheduling conference or pre-trial.
If the issue
of custody cannot be resolved at the parenting conference, the
matter will be promptly set for an evidentiary hearing before
the Judge or Magistrate on the issue of allocation of parental
rights and responsibilities.
3.04 POST-DECREE MOTIONS TO CHANGE THE ALLOCATION OF
PARENTAL RIGHTS AND RESPONSIBILITIES
A motion for
change in allocation of parental rights and responsibilities or
a request for shared parenting shall set forth the Court order
sought to be modified and the specific change in circumstances
upon which the motion is filed. If the motion fails to be
specific, the Court may dismiss on its own motion.
conference will be set and will cover the items outlined in DR
3.03 (D)(2), (a) through (e).
If the matter
cannot be resolved at the scheduling conference, the matter will
be promptly set for a parenting conference, or pretrial and
hearing before the Judge or Magistrate on the issue of
allocation of parental rights and responsibilities.
3.05 AGREED POST DECREE CHANGES
In all cases
in which the parties agree either to reallocate parental rights
and responsibilities, or to change an existing shared parenting
plan, the parties shall file a Request for Approval of an Agreed
Shared Parenting Plan or a Request for Approval of an Agreed
Plan to Reallocate Parental Rights and Responsibilities. The
request shall be accompanied by a Child Support Calculation
Worksheet, R.C. 3119.022, calculated as if there was one primary
residential parent, or a split custody worksheet, R.C. 3119.023
if applicable and a Child Custody Affidavit. The request shall
also be accompanied by one of the following plans as
shared parenting plan which at least shall include:
Physical living arrangements of the child(ren);
Medical, dental, hospitalization care plan;
Designation of legal custodian, if necessary for welfare or
plan for allocation of parental rights and responsibilities
All of the
items listed in (1) except (d) and (f).
entries which present a deviation in child support will be set
RULE DR 4
4.01 STANDARD GUIDELINES ON PARENTING TIME
The Court of
Common Pleas has adopted the Standard Guidelines on Parenting
Time in Domestic Relations cases, a copy of which is included as
DR-01 in the Table of Forms herein. These rules are to be used
when the parties cannot otherwise agree upon parenting time.
The Court encourages liberal parenting time in most cases.
RULE DR 5
PROCEDURE - SCHEDULING AND HEARING
5.01 RULE 75 - N PROCEDURE
motion, support by affidavit, the Court may grant mutual
restraining orders on an ex parte basis.
2. If a
person who files a complaint for divorce, legal separation,
annulment or post decree motion requests an ex parte order other
than restraining orders, the court may hold an ex parte hearing
on the same day that the petition is filed. The court for good
cause shown at the ex parte hearing, may enter any temporary
orders, including, but not limited to, allocation of parental
rights, child and/or spousal support, and exclusive use of
residence or vehicle.
5.02 TEMPORARY HEARINGS
orders are requested, the court shall schedule a hearing on
temporary orders within fourteen (14) days of the filing of the
complain or motion. The court shall give the
Defendant/Respondent notice of, and an opportunity to be heard
at the temporary orders hearing. The court shall hold the
temporary orders hearing on the scheduled date unless the court
grants a continuance. The court may grant a continuance of the
temporary orders hearing if
Defendant/Respondent has not been served with the
complaint/motion or has not received proper notice of the
parties consent to the continuance;
continuance is needed to allow a party to obtain counsel;
good cause shown.
continuance of the temporary orders hearing is granted, the
court or magistrate may issue an ex parte order of support,
based on the information available.
5.03 RELIEF FROM TEMPORARY ORDERS
party feels aggrieved by an ex parte order made in accordance
with these rules, such party shall file an appropriate motion
for relief. Copies of such motions shall be served in
accordance with Civil Rules. A time for oral hearing on the
motion may be obtained from the Assignment Commissioner.
Hearing dates may be requested on a priority basis.
5.04 PRE-TRIAL CONFERENCES
temporary orders hearing the Assignment Commissioner will
arrange with counsel or parties for a date and time for a
scheduling conference, at least 30 days hence, in order to
discuss the issues, time needed, discovery, witnesses, property
appraisals, settlement proposals, home studies or psychological
appropriate, the case will be assigned for an uncontested
hearing. In other cases, an assignment shall be made for a
status conference or for a pre-trial and contested hearing.
scheduling conference, counsel may arrange for a status
conference, where appropriate so that counsel will be able to
update the Court on the status of discovery, appraisals,
settlement negotiations, and efforts toward reconciliation. The
pre-trial conference and/or final hearing may be scheduled at
conferences are to be scheduled in all of the following
either party is requesting shared parenting or if the allocation
of parental rights and responsibilities is an issue;
grounds are contested;
any hearing is anticipated to last over one hour;
time jurisdiction or venue is an issue;
the request of either attorney, the Court or the Magistrate.
2. Counsel is
requested to meet prior to any scheduled pre-trial to resolve as
many issues as possible.
shall prepare a pretrial statement and balance sheet (DR-11)
containing all of the following information as may be
Concise statement of the issues;
Facts established by admission in the pleading admissions by
discovery, and stipulations of counsel;
Contested issues of fact;
Contested issues of law, together with Counsel's citation of
authority for counsel(s) position;
Names of witnesses, including expert witnesses and their
qualifications, expected to testify at trial, together with a
brief statement of the subject matter to each witness's expected
testimony and the time expected for their testimony.
Lists of exhibits counsel intends to offer into evidence, marked
Joint Exhibits - Roman Numerals
Plaintiff Exhibits - Arabic Numerals
Defendant Exhibits - Letters
certify that they have exchanged Exhibits and, if possible,
provide a copy to the Court.
Statement of any additional motions that need to be filed;
Statement detailing completed discovery to date and any
additional discovery needed by Counsel;
Counsel's expectations of trial time needed to present his/her
side of the case;
complete settlement proposal approved by the party being
other information which will be helpful to the court in either
negotiations or preparation for trial.
pre-trial statements shall be filed with the Clerk with copies
served upon the Judge or Magistrate hearing the case, and all
other Counsel or pro se parties, not less than three (3) days
prior to the pre-trial, unless the Court otherwise directs.
5. The Court
may order Counsel to prepare a Joint Pre-trial Statement,
containing any or all of the foregoing information.
6. Failure to
submit a Pre-trial statement or to comply with any other court
orders in a timely manner may result in appropriate sanctions,
including exclusion of testimony or exhibits, dismissal of the
case, contempt of Court, or any other action the Court may
are responsible for notifying the Court of any party's failure
to cooperate with the other party or to diligently attempt to
comply with all pre-trial Orders of the Court.
attorneys shall be present at the pre-trial conference with
their clients, unless permission is granted by the Court prior
to the hearing.
5.05 FINAL HEARINGS/DECREES
must be marked before the trial begins.
contested hearings will begin promptly on the date assigned.
full-day contested hearing, counsel for the parties will be
present at 8:30 A.M. to meet with the Judge or Magistrate to
confer on all remaining matters prior to trial.
If a cause
which has been scheduled for trial hearing is If a cause
which has been scheduled for trial hearing is settled, it is the
duty of the attorneys to promptly notify the
Court so that
the time allotted for trial can be reassigned.
cannot be completed within the time period assigned will be
continued in progress to another date, and the parties will be
limited to those witnesses identified in their pre-trial
by the Judgment or Magistrate, closing or final arguments shall
be in writing and the parties shall submit proposed Findings of
Fact and Conclusions of Law.
5.06 POST DECREE MOTIONS
When the post
decree motion is filed, the attorney shall request from the
Assignment commissioner, either to a scheduling conference, if
necessary, or a hearing date. If a scheduling conference is
requested, the parties and their attorneys shall be present at
the conference and be prepared to discuss the issues, time
needed for hearing, discovery, witnesses and settlement
for Contempt and Attorney Fees
In all actions
for Contempt and Attorney Fees, the attorney shall,
contemporaneously with the filing, notify the Clerk of Courts
whether a Summons on Contempt shall accompany the pleading. If
the Clerk is not so notified, the Summons on Contempt will
not accompany the pleading.
In all actions
for Contempt and Attorney Fees, the parties shall make every
effort to settle the matter before hearing. In no event will
this Court award Attorney fees to a party who has failed to make
every effort to settle their case prior to hearing.
contempt on health insurance coverage expenses or payments for
medical care for a child shall complete health insurance
coverage contempt sheet, form DR-12.
The Court may
award attorney fees to the prevailing party in an amount not
more than $400.00 without the necessity for professional
testimony regarding fees.
RULE DR 6
any time after service of summons in any action for divorce,
legal separation or annulment, or at any time after the filing
of a post decree motion, the court may order both parties to
attend an initial mediation session (Revised Code 3109.052).
Only issues regarding the allocation of parental rights and
responsibilities and family related issues involving the minor
children may be ordered to mediation. Upon successful mediation
of above stated issues, the parties may voluntarily agree to
discuss financial matters in a separate mediation session.
completion or termination of mediation, parties and mediator
shall jointly provide the court a mediation report (Revised Code
Section 3109.052(B)). Any agreement reached during mediation
shall not be binding upon the parties until approved by the
court. The court shall consider the best interest of the
child(ren) when allocating parental rights and responsibilities
and/or establishing a possessory schedule.
RULE DR 7
DOMESTIC VIOLENCE CIVIL PROTECTION ORDERS (CPO)
TEMPORARY PROTECTION ORDER (TPO)
will accept for filing petitions and supporting documents
requesting domestic violence CPOs and TPOs which utilize the
standard forms promulgated for the purpose of civil protection
orders by the Supreme Court Domestic Violence Task Force and
which are filled out in sufficient detail for the Court to
the Supreme Court's instructions, five copies of these documents
must be submitted to the Clerk's Office.
7.02 CLERK TO PROVIDE STANDARD FORMS
The Clerk of
this Court upon request will provide to any person so requesting
the standard forms for CPOs or TPOs along with the explanations
of procedure prescribed by the Supreme Court Domestic Violence
EX PARTE HEARING
Petitioner for a CPO is filed early enough in the day, an ex
parte hearing is held that same day. If the Petitioner
for a CPO is filed too late in the day, a hearing is scheduled
for the following business day.
7.04 ASSIGNMENT OF FULL HEARING
A full hearing
shall be assigned by the Domestic Relations Assignment
Commissioner within the time prescribed by the law at the time
of the ex parte hearing.
7.05 NOTIFICATION TO PROSECUTOR
shall provide a copy of the petition for a protection order to
the Logan County Prosecutor's Office which will fulfill the
obligation of the Clerk or the Court to report any knowledge of
a felony to the appropriate authorities.
7.06 SERVICE/WARNING RE CPO and TPO
shall serve all documents with appropriate warning attached
pursuant to the blocked instructions on the standard orders.
7.07 NOTICE TO LAW ENFORCEMENT AGENCIES AND NCIC
prescribed form, local law enforcement shall be notified of the
issuance of the CPO or TPO by the Clerk in order that said
issuance can be entered in the National Crime Information Center
data system for state and national dissemination.
RULE DR 8
GUARDIAN AD LITEM
8.01 WHEN APPOINTED
Court finds that it is necessary to appoint a guardian ad litem
to protect the interest of a child, or whenever the Court is
required to do so by statute it shall appoint a guardian ad
litem pursuant to Section 3109.04 herein.
Litem shall have the following qualifications:
of a law degree or a graduate degree in psychology, psychiatry
or social work.
Maintenance of appropriate malpractice insurance.
8.03 HOW APPOINTED
shall maintain a list of qualified attorneys and a separate list
of qualified non-attorney guardian ad litem. The Judge or
Magistrate after consultation with counsel shall appoint a
guardian ad litem from the Court's list.
Guardian Ad Litems are based upon fourteen (14) hours at fifty
dollars ($50.00) per hour or $700. Any fees in excess of seven
hundred dollars ($700.00) must have prior Court approval in
In addition to
the deposit required by DR 1.07 at the time of guardian ad litem
appointment, the Court may require parties to submit additional
monies. Fees will be assessed between the parties and should be
deposited with the Clerk's office.
appointment of a Guardian Ad Litem is indicated, and where both
parties are indigent, the Court may appoint a qualified person
who is willing to serve pro bono or be partially compensated by
public funds. The same standard of indigency approved by the
County Commission for those applying for counsel in criminal
cases shall be applicable.
At a minimum,
the guardian ad litem shall:
Interview each parent separately
Interview the child(ren) separately
Interview the child(ren) in the presence of each parent
Contact the child's school, if any
Contact the child's health care providers, if any
with any evaluator assigned to the case, if any
Participate in all pretrials but, unless specifically ordered to
do so by the Court, the guardian ad litem shall not participate
in any hearings or trials other than to testify as the Court's
concise report must be submitted to the Court seven (7) days
before the final hearing, unless the written report is waived by
all parties in writing.
RULE DR 9
REQUEST BY PARTIES
relation cases, the Court may at the request of all parties,
refer a case or a designated issue, or designated issues to
arbitration. The procedures and powers set forth in Rule 24 of
these Rules shall be applicable unless the specific provisions
of this Rule are to the contrary.
SELECTION AND QUALIFICATION OF ARBITRATORS
shall propose an arbitrator to the Court and designate all
issues to be ruled upon by the arbitrator. The arbitrator shall
be disinterested but need not be an attorney.
PAYMENT OF ARBITRATOR
The request submitted by the parties shall provide for the
manner of payment of the arbitrator.