COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO RULES

COURT OF COMMON PLEAS

CLERMONT COUNTY, OHIO

RULES OF LOCAL PRACTICE

JUDGE JERRY R. McBRIDE

JUDGE VICTOR M. HADDAD

JUDGE RICHARD P. FERENC

JUDGE THOMAS R. HERMAN

TABLE OF CONTENTS OF

RULES OF LOCAL PRACTICE

PAGE

RULE 1: ASSIGNMENT OF CASES 3

RULE 2: SECURITY FOR COSTS 5

RULE 3: PLEADINGS 6

RULE 4: MOTIONS 7

RULE 5: ENTRIES 9

RULE 6: PRE-TRIAL 10

RULE 7: DEFAULT HEARING 11

RULE 8: CONTINUANCES 12

RULE 9: JUDGMENTS UPON WARRANT OF

ATTORNEY TO CONFESS 13

RULE 10: APPOINTMENT OF SPECIAL PROCESS SERVER 14

RULE 11: JUDICIAL SALES 15

RULE 12: ARBITRATION 16

RULE 13: MEDIATION 21

RULE 14: NOTARY PUBLIC EXAMINATION AND

NOTARY PUBLIC EXAMINATION FEES 24

RULE 15: JURIES 26

RULE 16: CRIMINAL ARRAIGNMENT 27

RULE 17: FACSIMILE FILING 28

RULE 18: MAGISTRATES 33

RULE 19: PETITIONS FOR CERTICATE OF QUALIFICATION

FOR EMPLOYMENT (CQE) 35

RULE 20: MISCELLANEOUS 37

RULE 21: EFFECTIVE DATE OF RULES 38

APPENDIX A: SECURITY FOR COSTS 39

APPENDIX B: WAIVER OF PRESENCE OF

DEFENDANT AT ARRAIGNMENT;PLEA OF NOT

GUILTY; WAIVER OF READING OF INDICTMENT 40

APPENDIX C: CLERMONT COUNTY SHERIFF

PROPERTY DESCRIPTION APPROVAL FORM 41

RULE 1

ASSIGNMENT OF CASES

1.1 PROCEDURE FOR RANDOM SELECTION. The clerk shall cause the

computer to randomly assign each new case to a judge, subject to a weighting by the

computer for the sole purpose of ensuring that there is an equal distribution of cases

among the judges.

1.2 RECUSALS. If a judge recuses himself/herself from hearing a particular case or

a particular matter, the judge shall inform the Administrative Judge in writing of the

disqualification. Upon the request of the Administrative Judge, the clerk shall

randomly assign the case/matter to another judge, unless all of the judges self-

disqualify themselves from hearing the case/matter in which event the Administrative

Judge shall request the appointment by the Supreme Court of a visiting judge.

1.3 UNAVAILABILITY OF A JUDGE. In the event of the unavailability of a

judge for trial or for hearing on any pretrial matter, the trial/matter shall be assigned

by the assigned judge to another judge for hearing, or if the assigned judge is

unavailable to make the assignment, the assignment shall be made by the

Administrative Judge.

1.4 REFILED CIVIL CASES. If a case has been dismissed and is refiled, the

refiled complaint shall contain the following designation under the new case number:

“THIS IS REFILED CASE # [STATE PREVIOUS CASE NUMBER], PREVIOUSLY

ASSIGNED TO [STATE THE NAME OF THE JUDGE TO WHOM THE CASE WAS

PREVIOUSLY ASSIGNED].” The judge to whom the case was previously assigned shall

be assigned the re-filed case.

1.5 CONSOLIDATION OF CASES. When cases involving common questions of

law or fact are pending before different judges, a party may file a motion to consolidate

the cases. The motion shall be filed in each case which the movant seeks to consolidate.

The motion to consolidate shall be ruled upon by the judge to whom the lowest case

number is assigned and must also be approved by the judge(s) assigned to the other

case(s). If cases assigned to different judges are consolidated, the cases shall be

assigned to the judge having the lowest numbered case.

1.6 CONSOLIDATION ENTRIES. Upon approval of consolidation, an entry shall

be prepared which bears the complete case captions of all cases to be consolidated and

signature spaces for all assigned judges. The entry shall be initially presented to the

judge having the lowest numbered case. After signature by the judge having the lowest

numbered case, the movant shall present the entry for signature by each judge whose

cases are affected by the consolidation. A copy of the signed entry shall be filed in each

case.

1.7 FILING OF PAPERS IN CONSOLIDATED CASES. Although cases have

been consolidated, each case shall remain separate and distinct. All subsequent

pleadings shall bear the complete captions of all consolidated cases and unless

otherwise ordered by the assigned judge shall be filed in each case. The case schedule

of the lowest numbered case shall control the proceedings in the consolidated cases

unless otherwise ordered by the judge assigned the consolidated cases.

1.8 RE-INDICTED CASES. If a case has been terminated by nolle prosequi or

other form of dismissal, the re-indicted case shall contain the following designation

under the case number: “THIS IS RE-INDICTED CASE # [STATE PREVIOUS CASE

NUMBER], PREVIOUSLY ASSIGNED TO [STATE THE NAME OF THE JUDGE TO

WHOM THE CASE WAS PREVIOUSLY ASSIGNED].” The judge to whom the case was

previously assigned shall be assigned the re-indicted case.

1.9 CO-DEFENDANTS IN CRIMINAL CASES. Subject to Rule 1.12, all co-

defendants indicted in a multiple defendant case(s) shall be assigned to the same judge,

who shall be the judge with the lowest case number. At the time of the return of an

indictment where there is (a) co-defendant(s), the prosecutor shall file a notice which

provides that “THIS DEFENDANT HAS (A) CO-DEFENDANT(S) WHOSE NAME(S)

AND DATE(S) OF BIRTH IS (ARE) [GIVE NAME AND DATE OF BIRTH OF EACH

CO-DEFENDANT].

1.10 DEFENDANTS WITH ACTIVE PROBATION/COMMUNITY CONTROL/

INTERVENTION IN LIEU OF CONVICTION/DIVERSION CASES. Subject to

Rule 1.12, if a probationer is indicted on a new case, the new case shall be assigned to

the judge who placed the defendant on probation or community control or before

whom the defendant pleaded guilty and was placed on intervention in lieu of conviction

or in a diversion program.

1.11 CRIMINAL DEFENDANTS WITH PENDING CASES. Subject to Rule 1.12,

if a defendant is arraigned on a new case and the defendant has pending case(s)

assigned to a judge, the new case shall be assigned to that judge.

1.12 PRIORITY OF ASSIGNMENTS. In the event that a case is subject to more

than one assignment category, the following assignment priority applies:

a. Re-indicted cases;

b. Co-Defendant cases;

c. Pending cases; and

d. Active probation/community control/intervention in lieu of

conviction/diversion cases.

1.13 ASSIGNMENT OF AGGRAVATED MURDER CASES WITH DEATH

PENALTY SPECIFICATIONS. All aggravated murder cases with death penalty

specifications will be assigned randomly by lot without regard to the assignment rules

set forth above.

1.14 THREE JUDGE AGGRAVATED MURDER CASES WITH DEATH

PENALTY SPECIFICATIONS. If a defendant in an aggravated murder case with

death penalty specifications seeks to enter a plea of guilty to one or more death penalty

specification(s) or waives a jury trial in writing and on the record, the case shall be

submitted to a three judge panel. The assigned judge shall serve as the presiding judge

over the trial of the case. The two additional judges shall be designated, pursuant to

R.C. 2945.06, by the Presiding Judge of the Court and shall be selected at random by

lot.

RULE 2

SECURITY FOR COSTS

2.1 No civil action or proceeding shall be accepted for filing by the Clerk unless there

is deposited as security for costs the amount required as set forth in Appendix A.

2.3 All entries ordering notice by publication shall bear the certification of the Clerk

that the required additional cost deposit has been made.

2.4 An additional cost shall be deposited with the Clerk upon the request for jury

view in any civil case, the expense of said view to be taxed as costs in the case.

2.5 When appraisals are filed with the Clerk, the Clerk shall pay to the appraisers

such fees as are allowed by law or as set by court order.

2.6. No attorney or officer of this court shall be received as security for costs or as

surety on a criminal recognizance.

2.7. An additional deposit in the amount set forth in Appendix A shall be deposited

with the Clerk upon the request for an order of sale in any foreclosure or partition case.

RULE 3

PLEADINGS

3.1 Any attorney seeking to appear in any matter in the general division of the

Clermont County Common Pleas Court shall be admitted to the practice of law in Ohio

by the Ohio Supreme Court. An out-of-state attorney not admitted to practice in this

state may seek admission, Pro Hac Vice, only as permitted by the Ohio Supreme Court

and in accordance with Gov. Bar R. XII.

3.2 All pleadings, entries and other documents filed in any matter pending in the

Clermont County Common Pleas Court, shall be filed flat, on 8-1/2" by 11" white paper,

with no backing and with a head or top margin on the first page only, of not less than

two inches. In addition to the original, sufficient copies shall be filed with the Clerk for

service, as may be required. Surplus copies will be discarded by the Clerk.

3.3 No civil action shall be accepted for filing unless accompanied by the Court’s Case

Classification Form, which clearly identifies the nature of the action being filed and the

designation of the trial attorney filing the action or the pro se party filing the action.

3.4. The attorney or party completing the classification form upon the filing of a

complaint shall certify as to whether the case had been filed previously and dismissed.

If the case was dismissed under Civ. R. 41, then, under the case number, the re-filed

complaint shall contain the statement: “This is a refiled case,” and the name of the judge

to whom the case was previously assigned.

RULE 4

MOTIONS

4.1 Motions shall be submitted and determined upon the motion and a brief

memorandum. Unless an extension of time is granted for good cause shown, any

memorandum in opposition to a motion, or a co-party’s memorandum in support of the

motion, shall be filed within 14 days of the filing of the motion. The movant shall file

any reply memorandum within 7 days of the filing of the last memorandum in

opposition. Counsel shall deliver to the assigned judge a file stamped copy of the

motion, reply or additional memoranda. Motions may be set for an oral hearing on the

court’s motion or on any party’s written motion with consent of the court. This Rule

shall not apply to motions filed under Ohio Civil Rules 22, 23, 24, 55, 56 and 65.

4.2 A response to a motion for summary judgment must be filed within 14 days of

service, unless extended by court order. The movant shall serve and file any reply brief

within 7 days of the service of the brief in opposition, but shall be limited to responding

to issues raised in the brief in opposition. The court may grant leave for an oral hearing

upon the Court’s own motion or upon a written application filed with the motion or filed

with any responsive pleading.

4.3 Upon filing any motion, counsel shall file a certificate of readiness with the

Assignment Office stating whether leave of court has been obtained for oral argument.

If no leave for oral argument has been obtained, the case shall be set upon the court’s

docket for “submission on the pleadings” at the expiration of the time allowed by civil

rule for opposition and reply briefs. If motions for summary judgment, or other

dispositive motions, are filed by multiple parties in succession, counsel filing the later

motion shall reset the submission date to conform to time limitations for opposition and

reply briefs of the later motion.

4.4 In a civil action, any motion, which seeks leave of court to amend a complaint, an

answer, counter-claim, cross-claim, third-party complaint, third-party answer, third-

party counter claim, third-party cross-claim or intervene in an action under Civ. R. 24,

shall append to any such motion a copy of the proposed pleading. A copy of the motion

and proposed pleading appended thereto shall be provided to the assigned judge,

through the Clerk of Courts, for review. No pleading, which the civil rules or a statute

require leave of court to file, may be accepted by the Clerk for filing without an

appropriate order signed by the assigned judge granting the party leave to file such a

pleading.

RULE 5

ENTRIES

5.1 Unless the court designates otherwise, judgment entries shall be prepared by the

counsel for the prevailing party. Entries shall contain a caption listing all parties, the

judge to whom the case has been assigned and a certificate of the Clerk that all costs

have been paid in full. The entry shall also contain an order for the Court requiring the

Clerk of Courts to serve the judgment on parties in the action per Civil Rule 58(B).

5.2 Entries shall be submitted to opposing counsel for signature within 14 days of the

court’s decision, along with notice that the entry will be offered to the court on the 30

day after the decision issued. If opposing counsel rejects the form, he or she shall set the

matter for hearing on entry through the Assignment Office. This request for a hearing

must be filed on or before the 30

day following the court’s decision.

5.3 Any entry presented to the court for signature without endorsement by all

counsel or parties shall contain the certification that the entry was served upon

opposing counsel or opposing parties and that the time for objection has expired.

5.4 If no entry or request for hearing is received by the court within 30 days of

decision, then the court may dismiss the matter, order the Clerk to enter judgment in

accordance with the decision rendered, or take other appropriate action.

5.5 Any entry affecting a pending matter that has been set for a hearing, arbitration,

or mediation shall be delivered to the Assignment Office for cancellation of the hearing.

Delivery of a copy of the entry satisfies this Rule.

RULE 6

PRE-TRIAL

6.1 The assigned judge shall schedule pre-trial conferences.

6.2 All trial counsel, unless excused by the court, shall attend the pre-trial

conference(s) with full authority and knowledge to adequately represent the client in the

following matters:

(1) Agreement on the final date for filing any pleadings or motions and any

necessary responses thereto;

(2) Establish schedule for completion of discovery;

(3) Establish schedule of pre-trial conferences;

(4) Establish necessity for trial memoranda and date of submission;

(5) Determination of settlement discussions and appropriate ADR options;

(6) Establish a trial date.

6.3 Counsel for either party may apply for a pre-trial conference at any time.

6.4 The failure of trial counsel to appear at a pre-trial conference may result in the

continuance of the pre-trial and appropriate sanctions, including the costs and attorney

fees of opposing litigants incurred as a result of the continuance.

RULE 7

DEFAULT HEARING

7.1 A party seeking a default judgment under Civ. R. 55 shall file a written motion

with the Clerk of Courts.

7.2 (A) Attorneys seeking default must be present at hearings on motions for

default in which the damages sought by plaintiff are unliquidated. The hearing

judge may consider the following:

(1) Perfection of service of the complaint by plaintiff or counsel;

(2) Defendant's failure to answer or appear within 28 days of service;

(3) Evidence of damages either by verified pleadings by plaintiff, or

testimony of plaintiff, together with any exhibits properly appended

to pleadings or affidavit, or introduced and accepted at hearing;

(4) Report from expert stating opinion as to proximate cause of injury.

(B) No hearing is required on a motion for default in which damages sought by

plaintiff are liquidated. The assigned judge shall consider the following

upon the filing of a motion for default:

(1) Perfection of service as above;

(2) Failure of defendant to answer as above;

(3) Affidavit as to amount due and owing.

RULE 8

CONTINUANCES

8.1 No continuances will be granted except upon written motion and entry approved

by the assigned judge and reflected upon the court’s docket. Requests for continuances

shall be signed by counsel of record, and if requested by the court or required by this

rule, by the parties.

8.2 Any motion to continue an assigned trial date must be signed by counsel and the

moving party and set forth good cause for continuing the assigned trial date. No motion

for modification of the assigned trial date will be granted without a showing of good

cause. If the motion to continue the trial date is made after the final pre-trial

conference, no continuance will be granted without a showing of extraordinary

circumstances, and only then where there is no alternative means of preventing a

substantial injustice.

RULE 9

JUDGMENTS UPON WARRANT OF ATTORNEY TO CONFESS

9.1 Judgments by confession, upon a warrant of attorney, will not be entered in the

absence of the defendant, except upon proof, satisfactory to the court, of the maker’s

signature on the warrant of attorney or other instrument upon which judgment is

sought and presentation to the court of the original instrument. When confessing

judgment, an attorney must produce the warrant of attorney to the court before which

the attorney confesses. The original warrant shall be filed with the Clerk.

9.2 Immediately upon entering a judgment by confession, the plaintiff’s attorney

shall file a praecipe with the Clerk of Court requesting that a copy of the judgment entry

be forwarded to the defendant at the address shown in the complaint by certified mail,

return receipt requested.

RULE 10

APPOINTMENT OF SPECIAL PROCESS SERVER

10.1 In addition to the requirements of Civil Rules 4.1 and 4.3, an application to be

appointed as a special process server shall include the applicant’s mailing address. All

appointments of special process servers shall be made on a case by case basis by the

Judge assigned to the case, or in his absence, the Administrative Judge. No blanket

appointments of process servers will be permitted.

Rule 11

Judicial Sales

11.1 Where no exceptions have been filed, all sales made under court order shall be

reported no later than the 3

business day following the sale and shall be subject to

confirmation on the 4

business day after the report. The parties may agree to a

confirmation at any time. Where exceptions have been filed, the excepting party shall

set the matter for hearing through the Assignment Office, with notice to all parties or

their counsel.

11.2 When the Entry Confirming Sale grants a Writ of Possession to the purchaser, the

Sheriff shall not execute on the Writ until the purchaser has paid the balance of the

purchase price and the deed to the purchaser has been recorded.

11.3 Notwithstanding any language to the contrary in the Entry Confirming Sale, in

accordance with O.R.C. Sec. 2329.36(C) and 2327.02(C), with respect to a sale to a third

party purchaser, the Sheriff shall collect the conveyance tax, transfer fee and deed

recording fee from the purchaser, over and above the balance of the successful bid

amount.

11.4 No complaint for a new mortgage foreclosure case shall be accepted for filing

unless Plaintiff’s counsel submits to the Clerk of Courts, along with the initial filings, a

certification from the Clermont County Auditor’s Tax Map Department that the legal

description of the real estate is accurate and recordable. A sample Approval Form is

attached to these rules.

11.5 Confirmation entries must contain a breakdown showing how the taxes are to be

applied to each parcel. Specifically, the County Treasurer requires that the figures to be

broken down by parcel number showing both the current taxes (even if “0”) as well as

the prorated taxes.

RULE 12

ARBITRATION

12.1 Except in appeals and in those cases involving title to real estate or equitable

relief, any Judge may, at any time, by a general entry, order any case to be heard and

decided by a Board of Arbitrators or a single arbitrator, provided the following

conditions are satisfied:

A. A pretrial has been held or waived by the parties with the consent of the

court;

B. The court determines that all dispositive motions have been ruled upon

and the case is ready for trial setting; and

C. The amount actually in controversy per each party (exclusive of interest

and costs) as determined by the court does not exceed $100,000 per case.

A case where the amount in controversy exceeds $100,000 may be

referred to arbitration by consent of all parties and the court.

12.2 Arbitrators shall be attorneys at law who are members of the Clermont County

Bar Association and other attorneys at law who regularly practice before the Bar in

Clermont County, Ohio, as designated by the Administrative Judge of the Court of

Common Pleas’ General Division. The Assignment Office shall notify all attorneys so

designated. Attorneys desiring to be eliminated from the list may notify the

Administrative Judge in writing prior to October 1

of each year. Unless excused, they

shall be subject to assignment for arbitration services during the following 12 months.

12.3.1 Objections to an order placing a case on the arbitration list shall be raised by

motion filed within 10 days of the mailing of notice of the order and shall be heard by

the assigned judge.

12.3.2 Objections to an assigned arbitrator shall be raised by motion filed within 10 days

of mailing of notice of assignment and shall be heard by the assigned judge.

12.4.1 Manner of Appointment: The assignment office shall keep the list of arbitrators.

This list shall be divided into three equal groups designated as Arbitration Group (A),

(B) and (C). Group (A) shall consist of lawyers, listed alphabetically, who are selected

from the list of arbitrators by the judges of the Court of Common Pleas. The balance of

lawyers on the list shall be divided at random into Groups (B) and (C), listed

alphabetically. Appointments to each Board of Arbitrators shall be made in alphabetical

order, one from each group, by the Assignment Office.

No substitution of arbitrators shall be made without written entry of the Court

and notification to counsel. No substitution shall be made within 10 days of the hearing

date unless all counsel agrees and the substitution is ordered by the assigned judge.

12.4.2 Composition of Board: All arbitration cases will be heard by a panel of three

arbitrators, unless the parties agree to the appointment of a single arbitrator. The

lawyer from Group (A) shall be Chairperson of the Board.

12.4.3 Assignment of Cases: The Assignment Office shall assign a case to the Board

Chairperson at the time of the Chairperson’s appointment. These cases shall be taken in

order from the arbitration list.

12.4.4 No settlement offers shall be disclosed to the Arbitrators before the report and

award (See Section 12.16 of these Rules) are filed.

12.5 Once an arbitrator is chosen, he or she shall be stricken from the pool until all

other persons in the pool have served as an arbitrator. The pool will be reassembled on

the 1st of October each year, or earlier if the Administrative Judge so directs.

12.6 Neither counsel nor the parties shall communicate with the arbitrators

concerning the merits of the controversy before the hearing commences.

12.7 The time and place of hearings shall be designated by the assigning judge at

pretrial or by the Assignment Office after consultation with the Board Chairperson, the

arbitrators, and the parties. A hearing shall not be scheduled more than 90 days after

the appointment of the Board of Arbitration without leave of court. After the hearing is

set, the arbitrators and the parties, or their counsel, shall be notified in writing of the

time and place of the hearing.

12.8 Once a hearing date is set, the hearing shall proceed at the scheduled time unless

the case is continued by the assigned judge. It shall be continued to a date on which the

previously assigned panel can meet. Each panel member assigned to a specific case,

unless removed for cause, will remain with that case until its completion. Arbitrators

assigned to a case are expected to personally appear. No substitution may be made

without a showing of good cause and an order of the assigned judge. Failure to appear

as an arbitrator at the designated hearing date and time may result in contempt

proceedings against the arbitrator and an award of the parties’ expenses and costs.

12.9 When the arbitrators are assembled, they shall be sworn or affirmed to justly and

equitably try all matters properly submitted to them. This oath or affirmation may be

administered by any person having authority to administer oaths.

12.10 The arbitration shall proceed in the absence of any party who, after due notice, is

not present or fails to obtain an adjournment. An award shall not be made solely on the

default of a party; the Arbitrator or the Board of Arbitration shall require the other party

to submit such evidence as the Board may require for making an award.

12.11 Although strict conformity to legal rules of evidence is not necessary, the Board

shall receive only relevant and material evidence. All evidence shall be taken in the

presence of the arbitrators and the parties, except where a party is absent after notice, is

in default, or has waived the right to be present. The arbitrators shall receive evidence

in the following forms:

A. Sworn testimony by competent witnesses;

B. The product of all discovery completed prior to the hearing; and

C. Affidavits, depositions, documentary evidence and/or written reports, if

such

evidence has been served upon the adverse parties or their counsel at least

14 days before the arbitration hearing. Counsel may agree otherwise or

the Court may provide otherwise by pretrial order.

Arbitrators may receive additional evidence as they deem proper and shall accord

the evidence whatever weight they deem appropriate.

12.12 The arbitrators shall have the general powers of a court including, but not limited

to, the following powers:

A. Subpoenas. To issue subpoenas for witnesses to appear before arbitration

and to request the issuance of an attachment for failure to comply.

B. Production of Documents. To compel the production of all books, papers

and documents which they deem material to the case; and

C. 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 to them.

12.13 A party intending to offer an estimate shall forward with the notice to the adverse

party, a copy of the estimate, a statement indicating whether or not the property was

repaired and, if it was repaired, whether the estimated repairs were made in full or part,

attaching a copy of the receipted bill showing the repairs made and the amount.

12.14 Any judge of the General Division of the Court of Common Pleas shall have full

supervisory powers for questions that arise in an arbitration proceeding and in the

application of these Rules.

12.15 Arbitrators are not required to make a transcript of the proceedings. If a party

wishes a transcript, that party shall provide a reporter and shall pay the costs thereof,

which shall not be considered costs in the case. The reporter shall provide a copy of the

transcript to any party desiring one upon payment, based upon the usual charges for a

copy of a deposition.

12.16 Within 7 days after the hearing, unless otherwise agreed by the parties or

extended by the assigned judge, the arbitrator or the Board Chairperson shall file a

report and award with the Assignment Office. The Assignment Office then shall mail or

otherwise forward copies to all parties or their counsel. An award for each party may

not exceed one hundred thousand dollars ($100,000) per case, exclusive of interest,

unless such limitation is waived in writing by all parties. The report and award shall be

signed by all of the Board’s members.

12.16.1 If the 3 Board members do not agree on the finding and award, the dissenting

member shall write the word “Dissents” before his or her signature. A minority report

shall not be required; however, an arbitrator may submit one. The Assignment Office

shall file the original and any minority reports with the Clerk of Courts.

12.17 Compensation: Board of Arbitrators. Each Board member who has signed an

award or filed a minority report shall receive compensation as set by a standing court

order. When more than 1 case arising out of the same transaction is heard at the same

hearing or hearings, it shall be considered as one 1 case for compensation purposes. In

cases requiring hearing of unusual duration or involving questions of unusual

complexity, the assigned judge, on motion of the Board members and for cause shown,

may allow additional compensation. The Board members are not entitled to receive

their fees until after filing the report and award with the Assignment Office. Fees paid

to arbitrators shall not be taxed as costs or follow the award as other costs.

12.17.1 Compensation: Single Arbitrator. After filing the report and award, the

arbitrator is entitled to compensation as set by a standing court order. In cases

requiring a hearing of unusual duration or involving questions of unusual complexity,

the assigning judge, on motion of the arbitrator and for cause shown, may allow

additional compensation. Compensation paid the arbitrator shall not be taxed as costs

or follow the award as other costs.

12.18 Any party may appeal from the action of the Board of Arbitration to the Common

Pleas Court of Clermont County. The appeal must be filed within 30 days after the

report of the award has been filed with the Clerk of Courts. No appeal can be withdrawn

without consent of all parties. The filing of a single appeal shall be sufficient to require a

trial de novo. Notice of filing the appeal shall be given by counsel to all other counsel of

record on or before the date of filing the appeal, by ordinary mail.

12.18.1 The appellant shall pay an appeal fee of $400 to the Clerk of Courts and shall

file with the Clerk and the Assignment Office a notice of appeal accompanied by an

affidavit by the appellant’s counsel, or by appellant, that the appeal is not being taken

for the purpose of delay. Copies shall be served upon opposing parties or their counsel.

12.18.2 The sum paid shall include the arbitrator’s fees and shall be recoverable by the

appellant only if:

A. Upon a trial de novo, the appellant secures a judgment which reverses the

decision of the arbitrators or which is more favorable than the arbitrators’

award; or

B. Before a trial de novo, the appellant secures a settlement which is more

favorable than the Arbitrators’ award and the settlement is evidenced by

an entry of dismissal, signed by the assigning judge, which recites that the

Court has been advised of the amount of the settlement and orders the

Clerk of Courts to refund to the appellant the deposit of the arbitrators'

fees.

12.19 The report and award, unless appealed, shall be final. If no appeal is taken, the

court shall enter judgment of the award. Upon expiration of the time for appeal, the

prevailing party shall prepare a judgment entry which shall be submitted to the

assigning judge. If no entry has been submitted to and accepted by the court within 30

days from the expiration of the time for appeal, the court may enter its own judgment

entry.

RULE 13

MEDIATION

This Rule incorporates by reference the “Uniform Mediation Act” (UMA), codified at

R.C. 2710.et seq., and Rule 16 of the Supreme Court of Ohio Rules of Superintendence.

(A) Definitions

All definitions found in the UMA, codified at R.C. 2710.01, are adopted by

this court. The definitions include the following:

(1) “Mediation” means any process in which a mediator

facilitates communication and negotiation between the

parties to assist them in reaching a voluntary agreement

regarding their dispute.

(2) “Mediator” means an individual who conducts a mediation.

(3) “Mediation Communication” means a statement, whether

oral, in a record, verbal or non verbal, that occurs during a

mediation or is made for purposes of considering,

conducting, participating in, initiating, continuing, or

reconvening a mediation or retaining a mediator.

(4) “Proceeding” means either of the following:

a. Judicial, administrative, arbitral or other adjudicative

process, including related pre-hearing and post-hearing

motions, conferences, and discovery;

b. A legislative hearing or similar process.

(B) Purpose

To promote greater efficiency and public satisfaction through the

facilitation of the earliest possible resolution of cases filed in the Clermont

County Court of Common Pleas, General Division. To accomplish this

goal, the Clermont County Court of Common Pleas, General Division

mediation program has been established.

Any judge of the Court of Common Pleas, General Division, may, at any

time, submit a civil action in this court to mediation. The mediation is to

be conducted by the court-appointed mediator. There is no limit as to the

amount in controversy of any case referred to mediation. All parties and

insurance representatives are required to be present for mediation.

Mediation shall not be used for any of the following:

 As an alternative to the prosecution or adjudication of

domestic violence;

 In determining whether to grant, modify or terminate a

protection order;

 In determining the terms and conditions of a protection

order; and

 In determining the penalty for violation of a protection

order.

(D) Confidentiality/Privilege

All mediation communications related to or made during the mediation

process are subject to and governed by the “Uniform Mediation Act”

(UMA) R.C. 2710.01 to 2710.10, R.C., the Rules of Evidence and any other

pertinent judicial rule(s). If the parties wish mediation communication to

be confidential they will effect a written confidentiality agreement and

present it to the mediator prior to the mediation.

(E) Mediator Conflicts of Interest

In accordance with R.C. 2710.08(A) and (B), the mediator assigned by the

Court to conduct a mediation shall disclose to the mediation parties,

counsel, if applicable, and any nonparty participants any known possible

conflicts that may affect the mediator’s impartiality as soon as such

conflict(s) become known to the mediator. If counsel or a mediation party

requests that the assigned mediator withdraw because of the facts so

disclosed, the assigned mediator should withdraw and request that the

assigned Judge or Magistrate appoint another mediator from the list of

qualified mediators that is maintained by the court. The parties shall be

free to retain the mediator by an informed, written waiver of the conflict of

interest(s).

(F) Termination

If the assigned mediator determines that further mediation efforts would

be of no benefit to the parties, he or she shall inform all interested parties

and the court that the mediation is terminated using the procedure

required by this court.

(G) Continuances

It is the policy of this court to determine matters in a timely way.

Continuances of scheduled mediations shall be granted only for good

cause shown after a mutually acceptable future date has been determined.

The case may be continued by the court appointed mediator, Judge or

Magistrate who referred the case.

(H) Mediation Case Summary

Attorneys submit a “Mediation Case Summary” to the mediator which

shall contain the following:

 Summary or material facts.

 Summary of legal issues.

 Status of discovery.

 List special damages and summarize injuries or

damages.

 Settlement attempts to date, including demands and offers.

(I) Mediator Report

At the conclusion of the mediation and in compliance with R.C. 2710.06

the court shall be informed of the status of the mediation including all of

the following:

 Whether the mediation occurred or was terminated;

 Whether a settlement was reached on some, all or none of

the issues; if the mediation results in settlement, counsel for

the parties are responsible for submitting the necessary entry

in accordance with Local Rule 5. If some, but not all, issues

in the case are settled during mediation, then the parties

shall submit a joint entry to the court listing the issues that

remain for trial within 30 days of the termination of the

mediation.

 Attendance of the parties.

 Future mediation session(s), including date and time.

(J) Sanctions

If any individual ordered by the court to attend mediation fails to attend

mediation without good cause, the court may impose sanctions which may

include, but are not limited to, the award of attorney’s fees and other costs,

contempt or other appropriate sanctions at the discretion of the assigned

Judge or Magistrate.

RULE 14

NOTARY PUBLIC EXAMINATION AND

NOTARY PUBLIC EXAMINATION FEES

14.1 The Court shall appoint three or more members of the Ohio Bar, in good standing,

who practice law in Clermont County, to the “Judges Committee on Notaries Public.”

One member shall be designated as Chairperson. The Chairperson will report annual

income and expenses associated with the notaries public program to the Administrative

Judge before the 15

day of January. All disbursements, other than for normal

operations, shall be upon a court order.

14.2 The Committee shall, at least once each month, examine all applicants for

appointment as Notaries Public of the County to determine whether the applicant

possesses the necessary qualifications. The Committee may hold special examinations

at any time. This provision shall not apply to applicants who are admitted to the

practice of law in Ohio.

14.3 Each application shall be accompanied by a fee set by separate court order. Each

applicant will also pay recording fees and fees to the Clerk for the Governor. Along with

the application, every applicant shall file a written statement as prescribed by the

Committee. Each applicant shall receive, without charge, a copy of the “Manual for

Notaries Public.”

14.4 Within 7 days of an examination, the Committee shall make a written report to

one of the judges of this Court. The report shall contain either an approval or

disapproval of the applicant.

14.5 An applicant who is deemed by the Committee to be unqualified for appointment

may apply for re-examination after 30 days. If the Committee deems that applicant to

be unqualified upon the second examination, then the applicant shall not be permitted

to apply for another examination until 180 days after the second examination. If the

Committee deems that applicant unqualified upon the third examination, then that

applicant shall not be permitted to apply until 5 years after the date of the first

examination. Each application shall be accompanied by a fee.

14.6 The Administrative Judge, or a judge designated by the Administrative Judge,

shall hear any complaint filed by the Committee seeking to have a Notary removed,

suspended, or disciplined, after notice to the Committee and to the persons against

whom the complaint is filed.

14.7 If an applicant fails to appear for an examination within 30 days of filing the

application, then the Committee shall notify the applicant by mail that the application

will be cancelled and the fee forfeited unless that applicant appears for examination

within the next 30 days. The Committee or a judge of this Court may authorize the

reimbursement of the fee.

14.8 Persons who wish to have their commission as a Notary Public renewed shall file

an application for renewal with the Committee. This application shall be in writing,

shall set forth the facts required by the Committee and shall be accompanied by a fee.

This application shall be examined by the Committee or a member thereof. If approved,

the applicant will be qualified for a renewal of the commission without examination,

unless otherwise ordered by the Court.

RULE 15

JURIES

15.1 The Court approves the use of Automatic Data Processing Information storage

and Information Retrieval Devices.

15.2 The Deputy Jury Commissioner shall instruct, personally or by mail, each

prospective juror to call the Commission’s office for examination and assignment to jury

service, or exemption therefrom. The Administrative Judge shall review, or appoint

another judge of this Court to review, jurors’ requests to be excused.

15.3 All prospective jurors shall complete a “Juror Questionnaire” approved by the

Court. The Court shall ensure that the privacy of prospective jurors is reasonably

protected. Basic background information from the Questionnaire shall be provided to

parties before trial begins and shall be used by them for voir dire purposes only. The

parties shall not copy the background information in any manner. Upon completion of

the voir dire, the background information forms shall be returned to the bailiff.

15.4 The Administrative Judge, the Clerk of Courts and the Commission shall each

retain a copy of the annual jury list.

15.5 All members of the Jury Panel shall report each morning to the Jury

Commissioner one half hour before the opening of court, unless otherwise ordered by

the trial judge. The Jury Panel shall remain in the jury quarters during court hours and

shall not leave except by permission of the Deputy Commissioner.

15.6 Any Jury Panel member who fails to answer the call of the Deputy Jury

Commissioner shall be reported to the Administrative Judge.

15.7 Jury Record Management and Retention Rules:

 The Annual and Term Jury Lists shall be maintained in

electronic medium and copy filed with the Clerk of Courts.

 Original juror questionnaires along with term jury lists and

related correspondence including excuse requests shall be

retained for 3 years from the end of the applicable term of

service and thereafter destroyed.

 Printed juror payment records shall be retained for four

years and thereafter destroyed.

 Capital case juror records shall be retained until all appeals

have expired, an execution order carried out or the

Administrative Judge otherwise orders. In conformity with

Superintendence Rule 26 (E)(2), if the actual retention

period for juror records in a capital case exceeds 10 years,

the Ohio Historical Society shall be notified in writing of the

Jury Commissions intention to destroy the records at least

60 days before destruction.

RULE 16

CRIMINAL ARRAIGNMENT

16.1 Arraignment of matters presented to the Grand Jury will be held every

Wednesday and Friday or as otherwise scheduled by the court. Waivers of arraignment

will rarely be granted at the sole discretion of the arraignment judge. In order for a

waiver of arraignment to be considered, the amount of bail must be set, the defendant

must have furnished the required security, and the waiver form must be executed by the

Clerk, defendant, defense counsel and the Prosecuting Attorney. The Clerk shall then

present the required waiver form to the assigned Judge for approval. The waiver form

shall appear substantially similar to Appendix B to these Rules.

RULE 17

FACSIMILE FILING

APPLICABILITY

17.01 These rules apply to civil and criminal proceedings in the Court of Common

Pleas, Clermont County, Ohio.

17.02 The following documents will not be accepted by the Clerk of Courts for fax filing:

(1) Filings commencing an action;

(2) Filings that require a cost deposit or fee;

(3) Filings that require a judge’s signature;

(4) Filings that exceed 30 pages, including exhibits;

(5) Service copies;

(6) Any document that is larger than 8 ½ x 11.

17.03 A document filed by fax shall be accepted as the effective original filing. The

person making a fax filing need not file any source document with the Clerk of

Court, but must maintain in his or her records, and have available for production

on request by the court, the source document filed by fax with original signatures

as otherwise required under the applicable rules and the source copy of the

facsimile cover sheet used for the filing.

17.04 The source document filed by fax shall be maintained by the person making the

filing until the case is closed and all opportunities for post judgment relief are

exhausted.

DEFINITIONS

As used in these rules, unless the context requires otherwise:

17.05 A “facsimile transmission” means the transmission of a source document by a

facsimile machine that encodes a document into optical or electrical signals,

transmits and reconstructs the signals to print a duplicate of the source

document at the receiving end.

17.06 A “facsimile machine” means a machine that can send and receive a facsimile

transmission.

17.07 Fax” is an abbreviation for “facsimile” and refers, as indicated by the context, to

facsimile transmission or to a document so transmitted.

COVER PAGE

17.08 The person filing a document by fax shall also provide cover page containing the

following information:

(I) the name of the court;

(II) the title of the case;

(III) the case number;

(IV) the assigned judge;

(V) the title of the document being filed (e.g. Defendant Jones’ Answer to

Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to

Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s

Response to Defendants’ Motion to Dismiss);

(VI) the date of transmission;

(VII) the transmitting fax number;

(VIII) an indication of the number of pages included in the transmission,

including the cover page;

(IX) if a judge or case number has not been assigned, state that fact on the

cover page;

(X) the name, address, telephone number, fax number, Supreme Court

registration number, if applicable, and e-mail address of the person filing

the fax document if available.

17.09 If a document is sent by fax to the Clerk of Court without the cover page

information listed above, or if the transmission contains a filing that is not

acceptable under 17.02 of these rules, the Clerk is authorized to reject the filing.

17.10 The Clerk of Court is not required to send any form of notice to the sending party

of a failed fax filing. However, if practicable, the Clerk of Court may inform the

sending party of a failed fax filing.

SIGNATURE

17.11 A party who wishes to file a signed source document by fax shall either:

(I) fax the signed source document; or

(II) fax the document without the signature but with the notation “/s/”

followed by the name of the signing person where the signature appears in

the signed source document.

17.12 A party who files a signed document by fax represents that the physically signed

source document is in his/her possession or control.

EXHIBITS

17.13 Each exhibit to a facsimile produced document that cannot be accurately

transmitted via facsimile transmission for any reason must be replaced by an

insert page describing the exhibit and why it is missing. Unless the court

otherwise orders, the missing exhibit shall be filed with the court, as a separate

document, not later than 5 court days following the filing of the facsimile

document. Failure to file the missing exhibits as required by this paragraph may

result in the court striking the document and/or exhibit.

17.14 Any exhibit filed in this manner shall be attached to a cover sheet containing the

caption of the case which sets forth the name of the court, title of the case, the

case number, name of the judge and the title of the exhibit being filed (e.g.,

Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to

Defendants’ Motion to Dismiss), and shall be signed and served in conformance

with the rules governing the signing and service of pleadings in this court.

TIME OF FILING

17.15 Subject to the provisions of these rules, all documents sent by fax and accepted by

the Clerk shall be considered filed with the Clerk of Courts as of the date and time

the fax transmission was received by the Clerk of Courts.

17.16 Fax filings may NOT be sent directly to the court for filing but may only be

transmitted directly through the facsimile equipment operated by the Clerk of

Courts.

17.17 The Clerk of Court need not acknowledge receipt of a facsimile transmission.

17.18 The risks of transmitting a document by fax to the Clerk of Courts shall be borne

entirely by the sending party. Anyone using facsimile filing is urged to verify

receipt of such filing by the Clerk of Court through whatever technological means

are available.

FACSIMILE FILING COVER PAGE

RECIPIENT INFORMATION:

NAME OF COURT:

____________________________________________________________

FAX NUMBER:

____________________________________________________________

SENDING PARTY INFORMATION:

NAME:

____________________________________________________________

SUPREME COURT REGISTRATION NUMBER (if applicable):

________________________

OFFICE/FIRM:

____________________________________________________________

ADDRESS:

____________________________________________________________

TELEPHONE NUMBER:

____________________________________________________________

FAX NUMBER:

____________________________________________________________

E-MAIL ADDRESS (if available):

____________________________________________________________

CASE INFORMATION:

TITLE OF THE CASE:

____________________________________________________________

CASE NUMBER:

____________________________________________________________

TITLE OF THE DOCUMENT:

____________________________________________________________

JUDGE:

____________________________________________________________

FILING INFORMATION:

DATE OF FAX TRANSMISSION:

___________________________________________________________

NUMBER OF PAGES (including this page):

___________________________________________________________

STATEMENT EXPLAINING HOW COSTS ARE BEING SUBMITTED, IF APPLICABLE:

*If a judge or case number has not been assigned, please state that fact in the space

provided.

RULE 18

MAGISTRATES

18.1 Magistrates shall be appointed by the Court, serve as full-time employees of the

Court, and exercise the legal authority provided by Civ. R. 53, and Crim. R. 19.

18.2 A magistrate shall preside over any trial or hearing which is referred to him or

her by the assigned judge, by a general order of reference, or by this local rule. The

following matters may be referred to a magistrate at the discretion of the assigned judge:

(a) On any issue or issues as to which no jury right attaches, or as to which

the jury right has been waived;

(b) Trials or hearings as to any issues submitted by consent of the parties;

Civ. R. 53(C)(1)(c).

18.3 The following matters shall be referred to the magistrates by operation of this

local rule:

(a) Civil Protection Orders;

(b) Replevins;

(d) Garnishments and attachments;

(e) Proceedings for the forfeiture of contraband;

(f) Default judgments where a damages hearing is scheduled;

(g) Arraignments if directed by the judge before whom the arraignments

have been scheduled;

(h) Any other matters, including case management conferences or pre-trials,

at the direction of the assigned judge.

Where practicable, the magistrate shall preside over matters on the docket of his or her

assigned judge. The Administrative Judge may by separate order assign magistrates to

preside over ex parte civil protection order hearings and other routine proceedings

without regard to which judge is assigned to the case. All hearings for garnishment,

attachment, replevin, forfeiture of contraband, and judgment debtor examinations shall

be before the magistrates, unless the assigned judge orders otherwise, at such times and

dates as the assignment commissioner designates.

18.4. Proceedings before the magistrate shall be recorded in the same manner as

proceedings before a judge. The magistrate will issue his or her order or decision after

the trial or hearing in accordance with Civ. R. 53, but he or she may require that briefs,

proposed findings and conclusions or other memoranda be submitted by counsel prior

to the issuance of his or her order or decision. No findings of fact and conclusions of law

are required after a jury trial, but the magistrate shall report in writing the actions of the

jury.

18.5 Objections and memoranda in support of objections to the magistrate's order or

decision shall be timely filed by any party in accordance with Civ. R. 53. Memoranda

contra objections may be filed by any party within 7 days of filing of the objections.

RULE 19

PETITIONS FOR CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT

19.1 This local rule shall establish the court practices and procedures regarding

Petitions for a Certificate of Qualification for Employment (hereinafter CQE) in

conjunction with Revised Code section 2953.25 and Administrative Rule 5120-15-01

adopted by the Department of Rehabilitation and Corrections (hereinafter DRC).

Where the Revised Code, the Administrative Regulations, and this rule are silent on

procedure, the Civil Rules shall apply unless clearly inapplicable.

19.2 In order to request a CQE, the Petitioner shall file the approved Cover Sheet and

the fully completed Electronic DRC Petition with the Clerk of Courts for the

Common Pleas Court. The Petitioner shall include the DRC Electronic Petition

Number on the Cover Sheet, and shall include electronic access to the DRC CQE

Summary (CQE Summary).

19.3 Before the Petition is accepted for filing, the Petitioner shall deposit as security

for costs the amount required as set forth in Appendix A. The Petitioner may submit

an Affidavit of Indigency or other relevant information for the Court’s consideration

if requesting the waiver of filing fees. A judge or magistrate may waive the deposit

otherwise required by this Rule. If a judge or magistrate determines that the

Petitioner is indigent, the Petitioner is still responsible for an administrative fee of

$25.00.

19.4 All social security numbers and other information that must be excluded from

public record shall be redacted by the Clerk in accordance with the rules of this court

and the Rules of Superintendence. Upon filing of a Petition, the Clerk shall file the

original under seal for use by the Court, and prepare a redacted copy for inclusion in

the portion of the case file accessible to the public. Records or information received

by the Court or the Clerk to assist the court with making its decision under Revised

Code section 2953.25, including information included on a Petition, shall retain their

character as public or non-public records, as otherwise provided in law.

19.5 Upon receipt of a Petition and the required deposit, the Clerk shall assign the

Petition a miscellaneous civil case number and randomly assign the matter to a

judge. The Administrative Judge may transfer a pending Petition to another judge of

this Court who was previously assigned to a criminal case involving the Petitioner, or

who is the successor judge to a former judge who was previously assigned to a

criminal case involving the Petitioner.

19.6 The Court shall obtain the criminal history of the Petitioner, either through the

investigation ordered in support of the Petition or otherwise. The Court shall attempt

to determine all other courts in the state in which the Petitioner has been convicted

of or plead guilty to an offense through review of the Petitioner’s criminal history or

other investigation. The Court shall send appropriate notice and response forms to

each court so identified by US mail, with a certificate of mailing and include a

stamped return envelope. The Court shall also send appropriate notice and response

forms to the Prosecuting Attorney of this county.

19.7 The judge or magistrate shall review the Petition, criminal history, all filings

submitted by other courts, the prosecutor or victim in accordance with the rules

adopted by the DRC, and all other relevant evidence. The judge or magistrate may

order any report, investigation or disclosure by the Petitioner that he or she believes

is necessary to reach a decision. The judge or magistrate may conduct such hearings

as are appropriate to the determination of the case.

19.8 Once all necessary information has been received, the judge or magistrate shall

decide whether to grant or deny the Petition within sixty days of the completion of

the record, unless Petitioner requests and is granted an extension of time. The

decision to grant or deny a Petition made by a magistrate shall be sent to the judge

for a final Judgment Entry and Order, pursuant to Civil Rule 53. All notice and

objection periods regarding a magistrate’s decision shall apply as set forth in Civil

Rule 53.

19.9 The Clerk shall serve a written notice on the Petitioner of the Court’s Decision

and Judgment Entry. If denied, the notice shall include conditions, if any, placed on

subsequent filings and language that a final appealable order has been filed. The

Clerk shall also notify the DRC electronically of the disposition of the petition as

required under the Administrative Rules, and if granted, order the DRC to issue the

CQE to Petitioner.

19.10 The Court in its discretion may from time to time amend its forms and cost

schedule without amending this Local Rule.

RULE 20

MISCELLANEOUS

20.1 Other than court staff, no one, including attorneys, shall be permitted to take

original papers from the files in the Clerk's Office.

20.2 The original notice of voluntary dismissal under Civ. Rule 41 shall be endorsed by

the assigned judge and filed with the Clerk of Courts.

20.3 The compensation for transcripts furnished by the official Court Reporters shall

be set by separate entry of the Court.

20.4 No persons, other than members of the Bar, officers of the court, litigants whose

case is on trial, witnesses under examination, or jurors, shall be allowed to remain

within the Bar during the sessions of the Court, except by leave of the presiding judge.

20.5. Physical Restraints on Children

(A) Consistent with Sup.R.5.01 there is a presumption that physical restraints

on a child shall not be utilized unless the judge or magistrate before whom the child is

appearing makes an individualized determination on the record that there is no less

restrictive alternative to the use of physical restraint and that the physical restraint of

the child is necessary because of either of the following:

(1) That the child represents a current and significant threat to the

safety of the child’s self of other persons in the courtroom;

(2) There is a significant risk the child will flee the courtroom.

(B) Any party, as defined in Juv.R.2(Y), shall be heard on the issue of whether

the use of physical restraint is necessary for that particular child at that particular

proceeding.

restraint shall be the least restrictive necessary to meet the risk requiring the restraint

and in a manner which does not unnecessarily restrict the movement of the child’s

hands.

(D) In no circumstance does this rule limit the ability of law enforcement,

security personnel or other court staff from restraining a juvenile if necessary to ensure

the courtroom is properly functioning and/or to maintain the safety and serenity of

court facilities.

(E) A child for purposes of this rule shall be as defined in R.C. 2152.02(C)(1)-

(4).

RULE 21

EFFECTIVE DATE OF RULES

21.1 These rules are hereby adopted and shall take effect on November 24, 2014, after

these rules are filed with the Supreme Court of Ohio in accordance with Civil Rule 83.

They govern all further proceedings in actions then pending, except if the Court

determines that their application in a particular case pending upon the effective date

hereof would not be feasible, would work injustice, or would not conform with the Rules

of Superintendence, or the Rules of Civil or Criminal Procedure.

21.2 All former rules of this court are repealed as of the effective date hereof and these

rules are ordered spread upon the journal of this court.

21.3 Amendments and additions may be made upon the majority affirmative vote of

all of the judges in office of the General Division of this court, but such amendments

shall not be effective until filed with the Supreme Court of Ohio in accordance with Civil

Rule 83.

________________________________

Jerry R. McBride

Presiding Pleas Judge

________________________________

Victor M. Haddad

Common Pleas Judge

________________________________

Richard P. Ferenc

Administrative Judge

________________________________

Anthony Brock

Common Pleas Judge

COURT OF COMMON PLEAS

CLERMONT COUNTY, OHIO

APPENDIX A

SECURITY FOR COSTS

New Civil Case $200.00

Foreclosure 300.00

Appeal of Arbitration 400.00

Judgment Debtor Examination 100.00

Reclassification Challenge 100.00

Garnishment 100.00

Execution 100.00

Writ of Possession 200.00

Petition for CQE 100.00

Recording Certificate of Judgment 30.00

Cancellation of Certificate of Judgment 10.00

State of Ohio Certificate of Judgment 40.00

Foreign Certified Judgment 50.00

Jury Trial (Deposit) 300.00

Jury View 300.00

Cross Complaint 50.00

Appeal to the Twelfth District Court of Appeals 225.00

Foreign County Sheriff’s Service (Per Defendant) 50.00

Expungement 75.00

State Reparation/Indigent Defense Support Fund 60.00

Bail Bond Surcharge 25.00

Indigent Defendant Application Fee 25.00

Copies (per page) .10

Witness Fee (All Day) 12.00

Mileage (Witness) .10 per mile

round trip

COURT OF COMMON PLEAS

CLERMONT COUNTY, OHIO

APPENDIX B

STATE OF OHIO Case # ____________________________________

PLAINTIVE WAIVER OF PRESENCE OF DEFENDANT AT

ARRAIGNMENT; PLEA OF NOT GUILTY;

WAIVER OF READING OF INDICTMENT

_____________________________________________

DEFENDANT

I,_______________________________________________, after consulting with Counsel knowingly, intelligently and

voluntarily consent to be arraigned without my being present, fully under-standing that I have the statutory right

under the laws of this state to be present. I acknowledge receipt of a copy of this indictment and hereby enter a

plea of not guilty. I waive the reading of the charges in open court.

BOND: SET/POSTED/TRANSFERRED AMOUNT $_____________________________

CONDITIONS:____________________________________________________________________________________

________________________________________________________________________________________________

DATE OF SERVICE________________________

REPORT TO SHERIFF FOR SERVICE________

DEFENDANT SHALL REPORT TO THE CLERMONT COUNTY JAIL WITHIN 24 HOURS FOR

PROCESSING____________

_________________________________Deputy Clerk

SIGNATURE OF DEFENDANT_________________________________________________________

ADDRESS W/ZIP CODE_______________________________________________________________

PHONE #_______________________________________DOB_________________________________

ATTORNEY_______________________________________________

Attorney Name & Number____________________________________

Please Print

Approved by:

VINCE FARIS, Prosecuting Attorney

__________________________________ ___________________________________

Assistant Prosecuting Attorney JUDGE, COURT OF COMMON PLEAS

This case has been assigned to Judge__________________________. Pre-trial is scheduled for

____________________________________.

Bond and service information MUST BE COMPLETED by the Clerk of Courts prior to submission to the Court.

This document must be filed with the office of the Clerk of Courts.

COURT OF COMMON PLEAS

CLERMONT COUNTY, OHIO

RULES OF LOCAL PRACTICE

APPENDIX C

Clermont County Sheriff

Property Description Approval Form

(To be Filed by Plaintiff With All New Mortgage Foreclosure Cases)

Court Case No. ___________________________________________

Property Address _________________________________________

Plaintiff _________________________________________________

Defendant _______________________________________________

Attorney & ID# ___________________________________________

Attorney Phone# __________________________________________

The attached legal description has been reviewed by the Clermont County Auditor’s

Office, Tax Map Department and is approved. This description shall be used in legible

and reproducible form on all subsequent filings which require inclusion of the legal

description and on the Sheriff’s Deed should the matter proceed through sale.

By:______________________________________

Clermont County Tax Map Department