RULES OF THE COURT OF COMMON PLEAS OF LOGAN COUNTY, OHIO

 

                     PART I - CIVIL MATTERS

 

 

RULE 1 APPLICATION

 

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.

 

 

RULE 2 COMPLAINTS, APPEALS AND MOTIONS

 

All complaints 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 of Superintendence):

 

     Criminal - - - - - - - - CR

     Domestic Relations - - - DR

     URESA  - - - - - - - - - RE

     All 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

 

The complaint 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 x 2 ) left blank for the Clerk of this Court to file stamp the date and time of filing.

 

 

RULE 4 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.

 

 

RULE 5 TRIAL ATTORNEY

 

A.  NOTIFICATION.

 

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.

 

B.  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.

 

C. SIGNING OF PLEADINGS.

 

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 "of counsel".

 

D.  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.

 

E. NOTICES.   

 

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.

 

F. 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.

 

 

G.  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.

 

 

RULE 6 MEMORANDA TO BRIEFS

 

Motions not 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.

 

 

RULE 7 MOTION HEARINGS TO BE REQUESTED; COPIES OF MOTIONS AND

       NOTICES OF DISMISSAL FILED WITH ASSIGNMENT COMMISSIONER

 

A.  All motions shall be decided by the Court without oral hearing unless oral hearing is expressly requested by counsel and good cause shown.

 

B.  Motions, 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.

 

A party 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 Assignment Commissioner.

 

 

RULE 8 CONTINUANCES, RULE DATES AND EXTENSIONS

 

A.  No 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 date.

 

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.

 

 

RULE 9 SHERIFF'S SALE, FORECLOSURE, PARTITION

 

A.  No 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.

 

B.  In 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.

 

C.  In 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:

 

     "The 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 certify:

 

     "The 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.

 

F.  The 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.

 

G.  A 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.

 

H.  The 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 certifications.

 

RULE 10 GUARDIAN AD LITEM AND TRUSTEES

 

No person 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.

 

RULE 11 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 affidavit.

 

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 judgment.

 

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 projects.

 

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.

 

 

RULE 12 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 of law.

 

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.

 

 RULE 13 BRIEFS

 

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 parties.

 

 RULE 14 CERTIFICATES OF DELIVERY BY COUNSEL

 

Where the 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 delivery.

 

 RULE 15 PREPARING AND FILING JUDGMENT ENTRIES

 

A.  Counsel 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 the parties.

 

 RULE 16 FEES IN COGNOVIT NOTE CASES, TRUSTEES AND

        GUARDIANS AD LITEM

 

A.  An 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 entered.

 

B.  Fees 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 services rendered.

 

RULE 17 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 balance

     Minimum fee of One Hundred Dollars ($100)

 

 

RULE 18 FEES OF COUNSEL IN TAX SALE PROCEEDINGS

 

In those 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.

 

Counsel will prepare and submit itemized cost bills justifying their fee; and upon approval, the fee will be taxed as costs in the case.

 

RULE 19 EXAMINATION OF WITNESSES

 

Only one 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.

 

RULE 20 COURTROOM PROCEDURE

 

A.  No 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.

 

B.  Spectators 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 of

Logan County, Ohio, or the Court Bailiff.  The Sheriff or Court Bailiff are further directed to search any and all spectators at their discretion.

 

D.  The courtroom shall be cleared at all noon recesses.

 

E.  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 courtroom.

 

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".

 

RULE 21 COURTROOM DRESS

 

Counsel will 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.

 

 

RULE 22 SCHEDULING CONFERENCES

 

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 Order.

 

B.  The 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.

 

C.  The Scheduling Order shall establish the following:

 

     (1)  Discovery cut-off

     (2)  Witness disclosure

     (3)  Time for filing summary judgment motion

     (4)  Pre-trial date

     (5)  Trial dates

     (6)  Settlement conference

     (7)  Other matters appropriate for the Scheduling Order

 

The schedule 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 the Court.

 

RULE 23 PRE-TRIAL PROCEDURE PURSUANT TO RULE 16, ORCP

 

A.  At the discretion of the Court, any civil case may be assigned for a pre-trial hearing.

 

B.  The 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 case.

 

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 tried.

 

C.  The 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.

 

D.  The objects of all pre-trial hearings are as follows:

 

1.  A 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 respective contentions.

 

2.  Any contemplated amendments to the pleadings shall be consummated immediately or completion deadlines shall be fixed.

 

3.  The 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.

 

4.  All 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.

 

E.  The 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.

 

F.  Statements 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.

 

G.  The 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 manifest injustice.

 

RULE 24 ARBITRATION

 

A.  Cases for Arbitration.

 

1. By 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.

 

2.  By 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 excluded.    

 

3.  By 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.

 

B.  Selections of Arbitrators and Manner of Appointment.

 

1.  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.

 

2.  Other 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 being heard.

 

4.  No 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 case.

 

C.  Discovery.

 

The assignment of a case to an arbitration board shall not limit the right of the parties to continue discovery pursuant to the Rules of Civil Procedure.

 

D.  Hearings; When and Where Held; Notice.

 

1.  Hearings 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 the hearing.

 

2.  Since 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.

 

E.  Continuances.

 

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 arbitrators.

 

F.  Default of a Party.

 

The 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.

 

G.  Conduct of Hearing; General Powers.

 

1.  The 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.

 

2.  Counsel shall, upon request and whenever possible, produce a party or witness at the hearing without the necessity of a subpoena.

 

H.  Specific Powers.

 

The panel shall have the general powers of a court, including, but not limited to, the following:

 

     1.  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.

 

     2.  Production of Documents:  To compel the production of all books, papers and documents which are deemed material to the case.

 

     3.  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.

 

I.  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.

 

J.  Witness Fees.

 

Witness fees 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.

 

K.  Transcript of Testimony.

 

The Court 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.

 

L.  Report and Award.

 

Within thirty (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.

 

M.  Legal 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 accordance therewith.

 

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

 

     (a)  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 case.

 

All appeals 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 vacated.

 

N.  Compensation of Arbitrators.

 

1.  Each 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 additional deposits.

 

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 Assignment Commissioner.

 

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.

 

 

RULE 24.1 SETTLEMENT CONFERENCE

 

 

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 as evidence.

 

 

RULE 24.2 MEDIATION

 

A.  Purpose.

 

The Logan 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.

 

B.  Procedure

 

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 assigned mediator.

 

All parties 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.

 

Continuances 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.

 

C.  Briefs and Attendance

 

The parties 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 evidence.

 

D.  Confidentiality

 

Statements 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).

 

E.  Fees

 

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.

 

F.  Civil

 

At the 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.

 

G.  Failure To Appear

 

Participants 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.

 

H.  Qualification

 

Persons 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.

 

RULE 25 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.

 

 RULE 26 FINAL RECORD AND SATISFACTION OF JUDGMENTS

 

Final record 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.

 

RULE 27 BRIEFS IN CASES TRIED TO COURT

 

Briefs, if 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.

 

RULE 28 DISMISSALS

 

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;

 

or

 

B.  The parties and counsel have not responded to a show cause order.

 

If no 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.

 

 RULE 29 PROCEEDINGS IN AID OF EXECUTION

 

In connection 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.

 

Upon the 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 not required.

 

RULE 30 TRUSTEE'S ACCOUNTS

 

A.  Every 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.

 

C.  Such accounts shall be prepared, filed, assigned for hearing, notices published and exceptions taken in such manner as prescribed for decedent's estate.

 

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.

 

RULE 31 RECEIVERSHIPS

 

When an 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".

 

Unsecured creditors and secured creditors whose security is threatened shall have their recommendations as to the appointment of the Receiver and his counsel carefully considered.

 

The Receiver 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.

 

As to accounts, unless otherwise ordered, the procedure prescribed by statute for decedent's estates shall govern.

 

The Clerk shall keep a docket of all cases in which a receivership is pending.

 

 

RULE 32 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.

 

B.  The 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.

 

 

RULE 33 NOTARIES PUBLIC

 

The Assignment 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 reporters.

 

Every 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.

 

Each 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 application.

 

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.

 

Any complaint 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 filed.

 

Whenever any 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 follows:

 

     Original application          $25.00

     Reexamination                  15.00

     Renewal application with

      examination                   15.00

 

Upon payment 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.

 

RULE 34 MAGISTRATES

 

The 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.

 

Any reference 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.

 

The Magistrate 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.

 

RULE 35 COURT SECURITY

 

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 procedure.

 

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.

 

C.  All 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.

 

D.  Uniformed, 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.

 

F. Prisoners 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 hours.

 

H.  New 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.

 

I.  Every 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.

 

 

RULE 36 JURIES

 

A.  JURY 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.    

 

B.  QUESTIONNAIRES.

 

The 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.

 

C.   VOIR DIRE.

 

Counsel and 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:

 

     1.  The case may not be argued in any way while questioning the jurors;

 

     2.  Counsel may not engage in efforts to indoctrinate jurors;

 

     3.  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;

 

4.     Jurors may not be asked what kind of a verdict they might return under any circumstance;

 

     5.  Questions are to be asked collectively of the entire panel whenever possible.

 

 

D.   CHALLENGES.

 

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.   

 

If necessary, 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

 

RULE CR1.01 Purpose

 

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 inapplicable.

 

RULE CR1.03 Arraignment, discovery and scheduling conferences

 

(a)  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 offense.

 

(d)  If at arraignment a "not guilty" plea is entered:

 

          1.  The Arraignment Judge will set a date and time for a prosecutor's discovery conference and for a scheduling conference.

 

          2.  An information packet shall be delivered to defendant's counsel upon execution of a demand and receipt for same.

 

          3. 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 discovery.

 

          4.  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 may determine.   

 

(f)  At the scheduling conference, the defendant must indicate whether or not a guilty plea will be tendered.

 

(g)  A 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 this Rule.

 

RULE CR1.05 Continuance of criminal case

 

No continuance 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.

 

 

RULE CR1.07 Grand Jury

 

Failure to 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.

 

 

RULE CR1.09 Court appointment of counsel

 

When it 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.

 

Any eligible attorney whose name does not appear on the master list may have his/her name added upon request to the Court.

 

Each attorney 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 Office.

 

The Court 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 office.

 

 

RULE CR1.11 Assigned counsel fees

 

The fee 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 in-court services.

 

All fee 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.

 

The maximum fees to be paid to attorneys in trial level proceedings are:

 

     Offense/Proceeding                      Fee Maximum

 

     Aggravated Murder (w/specs)             $50,000*

     as per O.R.C. 2929.04(A) and

     2941.14(B)

 

*Ohio Supreme 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

                                                            10,000/2 attorneys

 

     Murder                                                      5,000    

 

     Felony with Possible Life Sentence/

     Repeat Violent Offender/Major

     drug offender                               5,000

 

     Felonies (degrees 1-3)                           3,000

 

     Felonies (degrees 4-5)                           2,500

 

     Misdemeanors (degrees 1-4)              1,000

 

     Parole, probation, and all other

     proceedings not elsewhere classified    500

 

     Contempt of Court                                     300

 

 

     Counsel 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

     evidentiary hearing

 

     Post-conviction proceeding without         750

     evidentiary hearing

 

     Habeas Corpus with evidentiary hearing   1,500

 

     Habeas Corpus without evidentiary          750

     hearing

 

 

Reimbursement 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.

 

The maximum 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.

 

The attorney's 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 indicated.

 

Expenses:  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.

 

 

CR1.13 Section 2953.21 Procedures

 

Scope of Rules.

 

These rules 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:)

 

A.  Petition.

 

Petitions 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.

 

B.  Preliminary Consideration by Judge.

 

The original 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.

 

C.  Discovery.

 

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.

 

D.  Evidentiary Hearing.

 

1.  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.

 

2.  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.

 

E. Delayed or Successive Petitions.    

 

1.  Delayed 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.

 

2.  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.

 

 RULE CR1.14 Media Coverage of Court Proceedings

 

A.  Requests 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 proceedings.

 

B.  Pursuant 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.

 

D.  Unless 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.

 

Media 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.

 

All equipment 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.

 

If the 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 courtroom.

 

After consultation with the media, the Judge shall specify the location(s) within the courtroom where operators and equipment may be located.

 

 

RULE CR1.15 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 and offender.


 

RULES OF THE COURT OF COMMON PLEAS OF LOGAN COUNTY, OHIO

 

PART III - DOMESTIC RELATIONS

 

 

RULE DR 1 PLEADING AND GENERAL PROVISIONS

 

     DR 1.01   COMPLIANCE WITH OHIO RULES OF CIVIL PROCEDURE AND

               LOCAL RULES

 

These are 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.

 

     DR 1.02   AFFIDAVITS REQUIRED TO ACCOMPANY PLEADINGS AND

               MOTIONS

 

(A)  AFFIDAVIT OF INCOME AND EXPENSES (DR-10)

 

All initial 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.

 

(B)  ALLOCATION OF PARENTAL RIGHTS/CHILD CUSTODY AFFIDAVIT -

          O.R.C. 3109.27

 

All original 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.

 

(C)  MOTIONS/CHILD SUPPORT COMPUTATION WORKSHEET

 

1.  All 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.

 

2.  All 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.

 

    DR 1.03   TITLE IV-D APPLICATION

 

Whenever a 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.

 

     DR 1.04   SUPPLEMENTAL PLEADINGS

 

Any pleading, 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.

 

     DR 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.

 

     DR 1.06   COMMON GROUND PARENTING PROGRAM

 

Each party 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.

 

The Common 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.

 

     DR 1.07   DEPOSIT TOWARD COSTS

 

Except as 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.

 

Security for 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 fees.

 

     DR 1.08   STYLE OF CASE

 

All domestic 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 telephone number.

 

     DR 1.09   REAL ESTATE DESCRIPTION REQUIRED FOR FINAL ENTRY

 

All final orders which involve marital real estate shall include a legal description of any such real estate in the final entry.

 

     DR 1.10   SERVICE BY POSTING

 

Pursuant to 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:

 

     1.   Ohio Department of Human Services

          211 East Columbus Avenue

          Bellefontaine, OH 43311

 

     2.   Logan County Health Department

          304 South Main Street

          Bellefontaine, OH 43311

 

 

     DR 1.11   MUTUAL TEMPORARY RESTRAINING ORDERS

 

An ex 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 following acts:

 

     1.   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

 

     2.   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 Ohio; and

 

     3.   Incurring debt in the name of the other spouse except for necessary food, housing, utilities, medical care, and necessary transportation; and

 

4.     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 costs; and

 

5.      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

 

7.      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

 

WARNING

 

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

 

     DR 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.

 

Except as 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 attached.

 

(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.

 

(C.) Attached 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 corrections.

 

     DR 2.02   HEALTH CARE COVERAGE

 

Pursuant to 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.

 

In the treatment of a non-emergency condition, the non-custodial parent shall be entitled to secure a second opinion at his own expense.

 

     DR 2.03   RELIEF FROM TEMPORARY ORDERS

 

If either 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 basis.

 

DR 3 ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES

 

     DR 3.01   TEMPORARY RESIDENTIAL PARENT STATUS EX PARTE ORDERS

 

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 complaint.    

 

If the parties remain in the same household, there shall be no provision as to the allocation of parental rights and responsibilities.

 

     DR 3.02   RELIEF FROM TEMPORARY RESIDENTIAL PARENT ORDER

 

If either 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.

 

     DR 3.03   PERMANENT ALLOCATION OF PARENTAL RIGHTS AND

               RESPONSIBILITIES

 

Final orders allocating parental rights and responsibilities shall be established through one of the following procedures, as appropriate:

 

(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:

 

          1.  A shared parenting plan shall include provisions covering all factors relevant to the care of the children including:

 

          (a)  Physical living arrangements of the children

          (b)  Child Support (sole custody worksheet, R.C. 3119.022 must be submitted and DEVIATION PROCEDURES MUST BE FOLLOWED)

          (c)  Medical and dental care plan

          (d)  School placement

          (e)  The parent with which the children will be physically located during legal holidays, school holidays, and other days of special importance

          (f)  A designation of legal custodian, if necessary welfare or school purposes.

 

(B)  When both parents request shared parenting, but submit separate plans:

 

          1.  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.

 

           2.  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.

 

          3.  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:

 

          1.  The requesting party shall schedule a parenting conference and advise the Judge or Magistrate of the intention to file a shared parenting plan.

 

          2.  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.

     

          3.  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:

 

          1.  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.

 

          OR

 

          2.  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. 3109.052;

               (c)  the timetable for completion of investigations, discovery and mediation;

               (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.

 

     DR 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.

 

A scheduling 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.

 

     DR 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 appropriate:

 

     1.   A shared parenting plan which at least shall include:

 

          (a)  Physical living arrangements of the child(ren);

          (b)  Child Support;

          (c)  Medical, dental, hospitalization care plan;

          (d)  School placement;

          (e)  Visitation;

          (f)  Designation of legal custodian, if necessary for welfare or school purposes.

 

     2.   A plan for allocation of parental rights and responsibilities shall include:

 

All of the items listed in (1) except (d) and (f).

 

All agreed entries which present a deviation in child support will be set for hearing.

 

 

RULE DR 4 PARENTING TIME

 

     DR 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

 

 

     DR 5.01   RULE 75 - N PROCEDURE

 

1.  Upon 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.

 

     DR 5.02   TEMPORARY HEARINGS

 

If temporary 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

 

     a.)  the Defendant/Respondent has not been served with the complaint/motion or has not received proper notice of the hearing;

     b.)  the parties consent to the continuance;

     c.)  the continuance is needed to allow a party to obtain counsel;

     d.)  for good cause shown.

 

If a 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.

 

     DR 5.03   RELIEF FROM TEMPORARY ORDERS

 

If either 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.

 

 

     DR 5.04   PRE-TRIAL CONFERENCES

 

(A)  Scheduling Conference

 

At the 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 evaluations.

Where 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.

 

(B)  Status Conference

 

At the 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 this time.

 

(C)  Pre-Trial Conference

 

1.  Pre-trial conferences are to be scheduled in all of the following situation:

 

     (a)  If either party is requesting shared parenting or if the allocation of parental rights and responsibilities is an issue;

     (b)  If grounds are contested;

     (c)  If any hearing is anticipated to last over one hour;

     (d)  Any time jurisdiction or venue is an issue;

     (e)  Upon 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.

 

3.  Counsel shall prepare a pretrial statement and balance sheet (DR-11) containing all of the following information as may be appropriate:

 

     (a)  Concise statement of the issues;

     (b)  Facts established by admission in the pleading admissions by discovery, and stipulations of counsel;

     (c)  Contested issues of fact;

     (d)  Contested issues of law, together with Counsel's citation of authority for counsel(s) position;

     (e)  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.

     (f)  Lists of exhibits counsel intends to offer into evidence, marked as follows:        

          1.   Joint Exhibits - Roman Numerals

          2.   Plaintiff Exhibits - Arabic Numerals

          3.   Defendant Exhibits - Letters

 

Counsel shall certify that they have exchanged Exhibits and, if possible, provide a copy to the Court.

     (g)  Statement of any additional motions that need to be filed;

     (h)  Statement detailing completed discovery to date and any additional discovery needed by Counsel;

     (i)  Counsel's expectations of trial time needed to present his/her side of the case;

     (j)  A complete settlement proposal approved by the party being represented;

     (k)  Any other information which will be helpful to the court in either negotiations or preparation for trial.    

 

4.  All 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

deem appropriate.

 

7.  Counsel 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.    

 

The Trial attorneys shall be present at the pre-trial conference with their clients, unless permission is granted by the Court prior to the hearing.

 

     DR 5.05   FINAL HEARINGS/DECREES

 

All exhibits must be marked before the trial begins.

 

Final contested hearings will begin promptly on the date assigned.

 

On every 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.

 

Hearings which 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 statements.

 

When required 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.

 

     DR 5.06   POST DECREE MOTIONS

 

(A)  Scheduling Conference

 

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 proposals.

 

(B)  Actions 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.

 

Actions for 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 MEDIATION

 

     1.  At 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.

 

     2.  Upon 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)

 AND TEMPORARY PROTECTION ORDER (TPO)

 

    DR 7.01  STANDARD FORMS

 

This Court 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 proceed.

 

Pursuant to the Supreme Court's instructions, five copies of these documents must be submitted to the Clerk's Office.

 

     DR 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 Task Force.

 

    DR 7.03   EX PARTE HEARING

 

If a 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.

 

     DR 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.

 

     DR 7.05   NOTIFICATION TO PROSECUTOR

 

The Clerk 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.

 

 

     DR 7.06   SERVICE/WARNING RE CPO and TPO

 

The Clerk shall serve all documents with appropriate warning attached pursuant to the blocked instructions on the standard orders.

 

     DR 7.07   NOTICE TO LAW ENFORCEMENT AGENCIES AND NCIC

 

Upon 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

 

     DR 8.01   WHEN APPOINTED

 

Whenever the 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.

 

     DR 8.02   QUALIFICATIONS

 

Guardians Ad Litem shall have the following qualifications:

 

1.  Possession of a law degree or a graduate degree in psychology, psychiatry or social work.

 

2.  Maintenance of appropriate malpractice insurance.

 

     DR 8.03   HOW APPOINTED

 

The Court 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.

 

     DR 8.04   COMPENSATION

 

Fees for 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 writing.

 

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.    

 

Where the 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.

 

     DR 8.05   RESPONSIBILITIES

 

At a minimum, the guardian ad litem shall:

 

     1.  Interview each parent separately

     2.  Interview the child(ren) separately

     3.  Interview the child(ren) in the presence of each parent

     4.  Contact the child's school, if any

     5.  Contact the child's health care providers, if any

     6.  Meet with any evaluator assigned to the case, if any

     7.  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 witness.

     8.  A 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 ARBITRATION

 

     DR9.01    REQUEST BY PARTIES

 

In Domestic 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.

 

     DR9.02    SELECTION AND QUALIFICATION OF ARBITRATORS

 

The parties 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.

 

     DR9.03    PAYMENT OF ARBITRATOR

 

The request submitted by the parties shall provide for the manner of payment of the arbitrator.