Brown County Court of Common Pleas, General and Domestic Relations Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- 1 copy
Motion, Memorandum, Affidavit
Adjournments
- If a party cannot proceed on a scheduled date agreed to by all parties, the Assignment Commissioner may continue the case and may assess that party a $150 fee.
- The Court may extend the stated time periods for good cause shown upon application.
- Scheduling Order dates may be extended only with leave of the Court.
- +1 more
Request must include
- A continuance request must be submitted in writing at least 60 days before trial.
Page & Word Limits4 rules
Each party shall submit a Mediation Case Summary not to exceed three (3) pages to the Court Mediator and all other parties no later than ten (10) business days prior to the mediation conference.
Mediation Case Summary
3 pages
Fax filings of the covered pleadings, motions, and other documents may not exceed 10 pages.
This Rule authorizes the filing of facsimile transmission of all pleadings, motions, and other documents not exceeding 10 (ten) pages (see Local Rule 3.6) that may otherwise be filed with the Clerk of Courts, but anything stated or implied above to the contrary notwithstanding, the following documents may NOT be filed by facsimile transmission.
Fax Filing
10 pages
Motions and other filings shall NOT exceed ten (10) pages.
Motion Or Other Filing
10 pages
The memorandum filed should be concise, addressing itself only to those relevant issues, and generally should not exceed ten (10) pages.
Supporting Memorandum
10 pages
Document Format Requirements3 rules
14.1 All Entries shall be legibly typewritten or printed on paper securely bound at the top and unfolded on 8 ½ “ by 11” white paper with a minimum head margin of one and one-half inches.
Paper
All pleadings and motions shall be legibly typewritten or printed on paper securely bound at the top and unfolded on 8 ½ “ by 11” white paper with a minimum head margin of one and one-half inches.
No additional file copies shall be accepted by the clerk.
Document Filing Requirements81 rules
Before counsel is appointed, each alleged indigent defendant must file a Financial Disclosure/Affidavit of Indigency setting forth the facts thereof, and the amount of any payment made and to whom for legal representation in the matter to date.
DocumentFinancial Disclosure Affidavit Of Indigency
After Judgment is entered against the defendant and surety, no surety shall be released nor shall any penalty be released or remitted, except upon the filing of a written verified application filed with the clerk in the case in question, setting forth in detail the reasons why a release or reduction should be granted.
DocumentApplication For Release Or Reduction
(2) Omitted or redacted and filed on a separate form; (3) Responsibility of the party filing the document;
DocumentCourt Document
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 signature of the maker upon the warrant of attorney or other instrument upon which judgment is sought to be taken.
DocumentWarrant Of Attorney
and the Court shall satisfy itself that the warning required by Section 2323.13(D) of the Ohio Revised Code appears on the instrument upon which Judgment is sought to be taken if such instrument was executed on or after January 1, 1974.
DocumentWarrant Of Attorney
As a condition precedent to the entering of Judgment, the original warrant of attorney shall be produced in open Court,
DocumentWarrant Of Attorney
Where extraordinary repairs or construction are necessary and where, upon application and estimate, the Court has authorized the same, a receiver may be allowed additional compensation for supervision thereof to the extent of 10% of the amount authorized and expended.
DocumentReceiver Application
Notwithstanding the provisions of this paragraph, the Court may allow additional compensation to a receiver for extraordinary services rendered, not related to repairs or construction upon the filing of a detailed statement of such services.
DocumentReceiver Compensation Application
Each Court shall require an attorney to include the attorney or pro hac vice registration number issued by the Supreme Court on all documents filed with the Court.
DocumentDocument Filed With The Court
Upon the Clerk’s request, an attorney must produce a current Ohio Supreme Court registration card before the Clerk is required to accept that attorney’s filings.
In furtherance of Rule VI of the Supreme Court Rules for the Governance of the Bar, every attorney practicing before this Court shall be required to produce, upon the request of the Clerk of this Court, a current registration card issued by the Supreme Court of Ohio to such attorney before such clerk shall be required to accept any pleadings, motions or other papers from such attorney.
DocumentPleadings Motions Or Other Papers
(2) Phrased to be readily understood by an individual unfamiliar with the legal and jury systems;
DocumentJury Service Notice And Questionnaire
B. A summons shall clearly explain how and when the recipient must respond and the consequences of a failure to respond.
DocumentJury Summons
(1) Contained in a single document;
DocumentJury Service Notice And Questionnaire
All motions shall be accompanied by a memorandum in support of the motion which shall be a brief statement of the grounds for same, with citations of authorities relied upon.
DocumentMotion
No interrogatories, applications or requests shall be filed in the Court except in connection with a Motion to Compel Discovery.
DocumentDiscovery Motion
A motion to compel and its memorandum must include counsel’s affidavit describing attempted extra-judicial resolution and copies of the previously served discovery materials.
The motion and memorandum shall also be accompanied by: (1) An affidavit of counsel setting forth what extra-judicial means have been attempted to resolve differences; and (2) A copy of the interrogatories, application, requests, etc., which have previously been served pursuant to the Ohio Rules of Civil Procedure.
DocumentDiscovery Motion
When the entry is approved by counsel, it shall be so endorsed and presented to the Judge for approval, and if signed by him, shall then be filed with the clerk.
DocumentJournal Entry
The Court shall not approve a Nunc Pro Tunc Entry unless there is a motion filed requesting the issuance of a Nunc Pro Tunc Entry that specifically sets forth the date of the prior entry being modified, the error in the prior entry, and any other information necessary for the Court to determine whether to approve the entry.
DocumentMotion
11.1 All Motions for Summary Judgment shall be accompanied by a Memorandum in Support of the motion and supporting affidavit or other documents permitted by Civ. R. 56.
DocumentMotion
The movant must attach copies of referenced documents and the cited deposition transcript pages to the motion.
The movant shall attach to the motion, copies of all documents referred to in the motion or memorandum in support along with copies of the pages of transcripts of depositions of witnesses referred to in the memorandum.
DocumentMotion
Disclosures shall include identity and a report of the expert(s) opinion on the issues relevant to the particular case.
DocumentExpert Disclosure
Written certification that all discovery has been completed
DocumentDiscovery Completion Certification
Any agreement reached must be written within seven days, signed by both parties and counsel, and filed with the Court.
Any agreement reached shall be reduced to writing within seven (7) days, signed by both parties and their counsel and shall be filed with the Court and shall be binding on all parties in any subsequent hearing on the case.
DocumentAgreement
Each party must file a sworn Property and Financial Statement with the Complaint or Answer, including specified financial information and relevant supporting documents.
Each party in a Domestic Relations Case shall prepare and file with the Complaint or Answer, a sworn Property and Financial Statement, which shall contain an itemized listing of all assets and liabilities of the parties, a statement as to whether each such asset or liability is claimed to be marital or non-marital and shall contain current information as to the income and expenses of each of the parties. There shall be attached to the Property and Financial Statement copies of all such supporting documents (e.g., wage statement, paycheck stubs, income tax returns, appraisals and evidences of indebtedness with current balances) as may be relevant.
DocumentProperty And Financial Statement
For motions involving child-support or alimony arrearages, the party must first verify the current amount with the Bureau of Support, and the motion must state that amount and its determination date.
In all motions where an arrearage on child support or alimony will be an issue, the attorney filing the motion shall cause their party to first verify the amount of the current arrearage with the Bureau of Support and shall indicate in the motion the amount of such arrearage as determined by the Bureau of Support together with the date such arrearage is determined.
DocumentMotion
At the time of filing any motion, the attorney filing such motion shall request a hearing date from the Domestic Assignment Commissioner by utilizing the Court’s Form “Certificate of Readiness”.
DocumentMotion
The Order of Appointment for the Guardian Ad Litem shall contain all of ---------the required information set forth in Rule 48.02(A) of the Rules of ---------Superintendence for the Courts of Ohio.
DocumentGuardian Ad Litem Appointment Order
A party requesting 75(N) temporary orders must include the request in the specified pleadings and file the listed supporting affidavits with it.
A party shall file a Request for 75(N) Temporary Orders regarding the allocation of parental rights and responsibilities, child(ren) support, parenting time, spousal support, use of automobiles, and the payment of household expenses in their complaint, answer, counterclaim and motions filed with such pleadings. The parties shall also file the following with their requests: See: www.supremeCourt.ohio.gov/JCS/CFC/DRForms for Uniform Domestic Relations Forms, Affidavits 1 thru 5, or visit our website at www.browncountyohiocommonpleascourt.us (1) Affidavit for temporary orders; (2) Affidavit of Income, Expenses, and Financial Disclosure with attached verification;
DocumentRequest For 75 N Temporary Orders
The moving party must file a Notice of Service after service and submit a copy of it and a proposed 75(N) Temporary Order to the Magistrate or Judge.
D. The moving party for 75(N) Temporary Orders shall file a Notice of Service with the Court after service of the complaint, answer, counterclaim and motions filed with such pleadings and shall submit a copy of the notice of service and a proposed 75(N) Temporary Order to the Magistrate/Judge.
Document75(N) Temporary Order Request
Pleadings and motions may be amended as provided in Civ. R. 15, but no pleadings or motion shall be amended by interlineation or obliteration except upon leave of Court first obtained;
DocumentAmended Pleading Or Motion
Subsequent pleadings and motions shall state the number of the case, the name of the first party plaintiff, and the first party defendant on each side.
DocumentSubsequent Pleading Or Motion
The caption in every Complaint shall state the name and address, if known of each party.
DocumentComplaint
Unless otherwise provided herein, the original pleading and/or motion shall have an original signature in blue ink.
DocumentOriginal Pleading Or Motion
The Complaint shall state in the caption the general nature of the action.
DocumentComplaint
The stipulation shall affirmatively state that no prior extension has been granted.
DocumentExtension Stipulation
upon the filing of an amended pleading or motion the original or any prior amendment thereof shall not be withdrawn from the files except upon leave of Court.
DocumentAmended Pleading Or Motion
If proceeding pro se, then the name, address and telephone number of the party filing the same shall be printed or typewritten thereon.
DocumentPleading Motion Brief Or Other Paper
Every filed pleading, motion, brief, or other paper must have a title and identify filing counsel with the specified contact and registration information, including the responsible attorney in a firm.
Every pleading, motion, brief or other paper filed in a cause shall be identified by title and shall have printed or typewritten thereon the name, permanent registration number, address and telephone number of counsel filing same and when the counsel is with a firm of attorneys, a particular attorney within the firm having primary responsibility for the case and his or her permanent registration number shall be indicated thereon.
DocumentPleading Motion Brief Or Other Paper
18.1 At the commencement of the trial, plaintiff and defense attorneys shall provide an exhibit list to the Court Reporter and to the Court.
DocumentExhibit List
Pursuant to Civ. R. 55(A), parties seeking Default Judgment shall deliver to the Common Pleas Civil Assignment Commissioner a file-stamped copy of the Motion for Default, file-stamped copies of all relevant affidavits and the proposed Judgment or Decree in Foreclosure.
DocumentMotion For Default
A party seeking Default Judgment shall file an “Affidavit of Account”. The affiant shall be the party seeking judgment or an employee of the plaintiff familiar withthe debtor’s account.
DocumentAffidavit Of Account
The amount claimed due and owingin the Affidavit of Account must match the amount listed on the proposed Judgment or Decree in Foreclosure.
DocumentAffidavit Of Account
All Motions for Default Judgment shall list defendant(s), date service was perfected and how defendant(s) were served.
DocumentMotion For Default Judgment
In quiet-title, partition, and lien-marshaling or foreclosure actions, the plaintiff’s attorney must file title evidence, including a qualifying attorney’s Title Certificate with specified ownership and recording information.
In actions to quiet title, partition and for the marshaling and foreclosing of liens on real property,the attorney for the plaintiff shall procure and file with the clerk, within thirty (30) days after the filing of the Complaint, evidence of the state of the record title to the premises in question including the names of the owners of the property to be sold and a reference to the volume and page of the recording ofthe recorded instrument by or through which the owners claim title as the sameshall be shown by an attorney’s Title Certificate prepared by an attorney licensedto practice in this state, dated not over thirty (30) days prior to the filing of theComplaint.
DocumentAttorney Title Certificate
For a manufactured home in a foreclosure proceeding that has not been declared part of the real property, the plaintiff and counsel must satisfy the stated removal, foundation, tax, notarization, title, photo, tax-list, and deed requirements.
If the property which is the subject of a foreclosure proceeding has a manufactured home upon it which has not been declared by the Brown County Auditor to be part of the real property, the following actions must be undertaken by plaintiff and their counsel: A. Tongue, wheels and axles must be completely removed. B. Manufactured home must be installed on a permanent foundation. (Home shall be rendered immovable as in any other traditional permanent improvements to the property.) C. If the manufactured home has been previously taxed, all taxes prior and current must be paid. D. “Declaration of Manufactured Home to Real Property” is to be completed by owner or agent of owner and must be notarized. E. The original title must be surrendered. Any liens attached to the title must be satisfied before this title will be transferred. F. Two photos (different views) shall be submitted showing that the manufactured home is on a permanent foundation and has met all specifications. G. Once converted to real estate the manufactured home shall not be put back on the manufactured home tax list. H. Land must be deeded to the owner listed on the surrendered title.
DocumentManufactured Home Conversion
At the time of Entry of Judgment in any such case a final certificate of extension of the evidence of title shall be prepared and filed in accordance with the foregoing requirements showing the address or location of the property and the record state of title as of a date not more than thirty (30) days prior to the taking of the decree.
DocumentFinal Title Evidence Extension Certificate
Completed and notarized applications, the original lien free title, and required photos must be submitted to the Auditor’s Office no later than December 31st of the year prior to conversion.
DocumentManufactured Home Conversion Application
The Entry Confirming Sale and Ordering Deed shall be proffered indicating the sale was made, in all respects, in conformity with Sections 2329.01 to 2329.61 of the Revised Code.
DocumentEntry Confirming Sale And Ordering Deed
If a notice of a stay is received, the party granted the foreclosure shall present a proposed entry staying the case to the Court within seven (7) business days of the filing of the Notice of Stay with the Clerk of Courts.
DocumentProposed Entry
If the Tax Map Department of the county wherein the real estate is situated refuses to either approve or disapprove the legal description prior to actual transfer thereof, the attorney shall so indicate by a notation on the legal description.
DocumentLegal Description
Before filing a praecipe for an Order of Sale, the filing attorney must seek county Tax Map Department approval of the legal description for transfer.
Prior to the filing of a praecipe for Order of Sale, the attorney for the party filing such praecipe shall seek approval for transfer of the legal description of the real estate to be sold from the Tax Map Department of the county wherein such real estate is situated.
DocumentPraecipe For Order Of Sale
Failure to comply with this Local Rule shall be grounds for dismissal of the action.
DocumentPraecipe For Order Of Sale
If transfer approval requires a new survey, the attorney must notify all other interested parties and seek court leave to prepare the survey, with its expense taxed as costs.
If the real estate will not be approved for transfer by the county Tax Map Department without a new survey, the attorney shall, upon notice to all other interested parties, seek leave of Court to cause a new survey of the real estate be prepared with the expense thereof to be taxed as costs in the action.
DocumentPraecipe For Order Of Sale
The attorney shall file with the praecipe for Order of Sale a copy of the legal description indicating such tax map approval if obtained.
DocumentPraecipe For Order Of Sale
An Order to Sell Real Estate upon foreclosure can only be withdrawn by Entry signed by the Judge. The clerk or sheriff is not authorized to withdraw the property from sale except in the case of receipt of a Notice of Stay from a U.S. Bankruptcy Court.
DocumentOrder To Sell Real Estate
No oral agreement of counsel with each other, or with a party or an officer of the Court will be regarded as binding unless in open Court and accepted by the Court and memorialized by Journal Entry and filed with the clerk.
DocumentAgreement
Requests for permission to broadcast, televise, photograph, or otherwise record proceedings in the courtroom shall be made in writing to the Judge.
DocumentMedia Coverage Application
A Mediation Case Summary must include material facts, legal issues, discovery status, special damages and injury summaries, and settlement attempts to date, including demands and offers.
The summary shall contain the following: (1) Summary of material facts; (2) Summary of legal issues; (3) Status of discovery; (4) List of special damages and summaries of injuries; and (5) Settlement attempts to date including demands and offers.
DocumentMediation Case Summary
during mediation, the parties shall submit a joint entry to the Court listing the issues settled and that remain disputed within ten (10) business days of the termination of the mediation.
DocumentJoint Entry
A Pretrial Statement must address the case’s factual and legal issues, expected witness testimony, legal positions and supporting authorities, applicable plaintiff special damages and expenses, and available expert opinions.
All attorneys shall file with the Judge to whom the cause is assigned, and serve upon all other attorneys appearing in the action, not less than fourteen (14) days prior to the date of the first formal Pretrial Hearing, a Pretrial Statement: (1) Advising the Court in detail of the factual and legal issues which the case presents; (2) Outlining the expected testimony of witnesses on controverted factual issues, as indicated above; (3) Setting forth the party’s position on legal issues, including any significant evidentiary questions, with a citation of authorities in support thereof; (4) As to a plaintiff or plaintiffs, attaching an itemized list of special damages and expenses, if applicable; and (5) Attaching copies of available opinions of all persons who may be called as expert witnesses, including physicians, which shall not constitute a waiver of privilege granted under Section 2317.02 of the Ohio Revised Code, as set forth in Civ. R. 16.
DocumentPretrial Statement
A fax filing without the required cover-page information is not docketed, is a nullity, and is stricken; the Clerk need not notify the sender.
If a document is sent by fax to the Clerk of Courts without the cover page information listed above, it will be deposited in the case jacket but shall NOT be entered into case docket and shall be considered to be a nullity and thereby stricken. The Clerk of Courts is not required to send any form of notice to sender of a failed fax filing.
DocumentFax Filing
A fax filing must include a cover page with the case number, case caption, judge or an indication that there is none, document description, transmission date, sending fax number, and total page count including the cover page.
The person filing a document by fax shall provide therewith a cover page containing the following information: 1. Case Number; 2. Caption of the Case; 3. Judge (or indicate none); 4. A description of the documents being filed; 5. The date of transmission; 6. The transmitting fax number; and 7. An indication of the number of pages included in the transmission, including the cover page.
DocumentFax Filing
A compliant fax filing is the effective original, and the filer need not submit source documents but must retain them with original signatures and the original cover sheet for production on request until the case is closed and post-judgment relief opportunities are exhausted.
A document filed by fax shall be accepted as the effective original filing if the person sending the fax complies with all of the requirements set forth in this Local Rule. The person making a fax filing need not file source documents with the Clerk of Courts. However, until the case is closed and all opportunities for post judgment relief are exhausted, the filer must, in their records, have available for production on request by the Court of Clerk, the source document or any document filed by fax with original signatures as otherwise required under the applicable rules, together with the original copy of the facsimile cover sheet used for the subject filing.
DocumentFax Filing
Filing & Service rules
Electronic Filing Rules
Fax filing is permitted for otherwise fileable pleadings, motions, and other documents of no more than 10 pages, except specified case-commencing filings and listed documents.
This Rule authorizes the filing of facsimile transmission of all pleadings, motions, and other documents not exceeding 10 (ten) pages (see Local Rule 3.6) that may otherwise be filed with the Clerk of Courts, but anything stated or implied above to the contrary notwithstanding, the following documents may NOT be filed by facsimile transmission. 1. Any filings commencing an action (Complaint, Counterclaim, Cross Claim) for which the Clerk of Courts must collect an initial case deposit against costs or a specific filing fee; and 2. Motion for Summary Judgment, Affidavit or Entry Terminating a Case.
Page 1 | 3.3 Filings Not Accepted
Fax filings must be transmitted through the Clerk of Courts' fax equipment and may not be sent directly to the Court or another location.
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. Transmissions sent to any other location are not covered by nor permitted under this Local Rule.
Page 2 | 3.5 Facsimile Machine
Motions and other filings that refer to or incorporate documents attached as exhibits will not be accepted for fax filing.
Motions and other filings making reference to or incorporating other documents attached to the motion or other filing as an exhibit thereof shall not be accepted for fax filing.
Page 2 | 3.6 Document Restrictions
A fax transmission may include multiple documents, but each transmission may relate to only one case number.
A “fax transmission”, as referred to in this Local Rule, may contain more than one (1) document but may not apply to more than one (1) case number per transmission.
Page 2 | 3.6 Document Restrictions
The sender bears all risks of fax transmission, including poor-quality printouts.
The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sender (including poor quality print outs).
Page 2 | 3.9 Date and time
The Clerk of Courts receives fax filings at separate numbers for the Criminal Division and Civil/Domestic Divisions, and both lines are available 24 hours a day, seven days a week.
The telephone number of the facsimile machine available for receiving fax filings for the Clerk of Courts (Criminal Division ) is (937) 378-4509, (Civil/Domestic Divisions) is (937) 378-1753. These lines are available twenty-four (24 hrs.) hours per day, seven (7) days a week.
Page 2 | 3.5 Facsimile Machine
Filing Timing and Cure Windows
Private counsel must request payment of fees in an indigent-defendant case within 30 days after the final Entry is filed.
All requests by private counsel for payment of fees on indigent defendant cases shall be made within thirty (30) days after the filing of the final Entry.
Criminal cases
Page 1 | 29.3 Indigent Defendants
The clerk must deliver a post-conviction petition to the Court one day after filing.
The clerk shall deliver the post-conviction petition to the Court one day after it has been filed.
Criminal cases
Page 1 | 29.4 Post Conviction
The defendant must respond to the State’s Motion for Discovery before or at the second pre-trial.
The defendant shall respond to any Motion for Discovery by the State prior to or at the second pre-trial.
Criminal cases
Page 2 | 29.7 Requests for Discovery
The State must respond to the defendant’s discovery request before or at the first pre-trial.
Upon the filing of a request for discovery by the defendant, the State shall respond to such request prior to or at the first pre-trial.
Criminal cases
Page 2 | 29.7 Requests for Discovery
The defendant and surety must show good cause by the date stated in the bail-forfeiture notice why judgment should not be entered against them.
The defendant and surety shall on or before the date set forth show good cause why Judgment should not be entered against them.
Criminal cases
Page 2 | 29.9 Bail Forfeiture
A defendant seeking discovery must request it within seven days after arraignment.
The defendant shall make his request for discovery (pursuant to Rules 7(E) and 16 of the Ohio Rules of Criminal Procedure), if such discovery is desired, within seven (7) days after arraignment.
Criminal cases
Page 2 | 29.7 Requests for Discovery
A pre-trial motion filed outside the Local Rule 12 time limit will not be heard or decided unless the Judge exercises discretion, and filing it will not continue the trial assignment.
Motions not filed within the time set forth in Local Rule 12 will not be heard nor decided except at the discretion of the Judge. An assignment for trial will not be continued because of the filing of such a motion.
Criminal cases
Page 2 | 29.6 Pre-trial Motions
Failure to file a report within 30 days after it is due or ordered is grounds for removal, and a removed receiver is ineligible for any later appointment.
Failure to file any report within thirty (30) days after the same is due or ordered shall be grounds for removal as receiver. Any receiver so removed shall be ineligible for any subsequent appointment.
Civil cases
Page 1 | LOCAL RULE 25 — DUTIES OF RECEIVERSHIP
A receiver must file an inventory as soon as practicable after appointment and no later than 30 days after taking possession, unless the Court orders otherwise.
As soon as practicable after his or her appointment, and not more than thirty (30) days after taking possession of property, a receiver shall file an inventory of all property and assets in the receiver’s possession unless otherwise order by the Court.
Civil cases
Page 1 | LOCAL RULE 25 — DUTIES OF RECEIVERSHIP
A receiver must file a report of receipts, disbursements with receipts, and acts and transactions within three months of appointment and every three months thereafter until discharged, or at other times directed by the Court.
A receiver shall file reports of all receipts and of all moneys disbursed by said receiver (with receipts for same) and of the receiver’s acts and transactions within three (3) months after the date of appointment and at regular intervals every three (3) months thereafter until discharged or at such other times as the Court may direct.
Civil cases
Page 1 | LOCAL RULE 25 — DUTIES OF RECEIVERSHIP
The panel chair must file the written report and award within 30 days after the hearing and send copies to the parties or counsel on the same day.
Within thirty (30) days after the hearing, the chairman of the panel shall file a written report and award with the Clerk of Courts of Common Pleas, with a copy to the Judge and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.
Civil cases
Page 2 | 28.12 Report and Award
A Domestic Violence Civil Protection Order petition not heard by 4:00 p.m. must be heard within 24 hours after filing with the Clerk of Courts.
If a Petition for a Domestic Violence Civil Protection Order is not heard by 4:00 p.m., it will be heard no later than 24 hours after it is filed with the Clerk of Courts.
Civil cases
Page 1 | CIVIL PROTECTION ORDERS – DOMESTIC VIOLENCE/CIVIL STALKING AND SEXUALLY ORIENTED OFFENSES
Petitions for Civil Protection Orders may be filed with the Clerk only until 3:15 p.m. when the Court is in session.
Petitions are accepted by the Clerk of Courts until 3:15 p.m. when the Court is in session. The Clerk of Courts shall not accept the filing of a Petition for a Civil Protection Order after 3:15 p.m.
Civil cases
Page 1 | CIVIL PROTECTION ORDERS – DOMESTIC VIOLENCE/CIVIL STALKING AND SEXUALLY ORIENTED OFFENSES
A Civil Stalking Protection Order petition not heard by 4:00 p.m. must be heard no later than the next day the Court is in session.
If a Petition for a Civil Stalking Protection Order is not heard by 4:00 p.m., it will be heard no later than the next day the Court is in session.
Civil cases
Page 1 | CIVIL PROTECTION ORDERS – DOMESTIC VIOLENCE/CIVIL STALKING AND SEXUALLY ORIENTED OFFENSES
Summary judgment motions are submitted without oral argument on the Civ. R. 56(C) materials, with 14 days to respond and 7 days for the movant to reply after service on the opposing party, within the stated 21-day period.
Motion for Summary Judgment shall be submitted on the briefs and other material authorized by Civ. R. 56(C) without oral arguments twenty-one (21) days, allowing fourteen (14) days to respond and seven (7) days for movant to reply to the motion, after service on the motion on the opposing party.
Page 1 | Motion for Summary Judgment (9.4)
A memorandum contra must be served on the movant’s attorney within 14 days after service of the supporting memorandum, and failure to serve and file one may be cause to grant the motion.
Any memorandum contra to said motion shall be served upon movant’s attorney within fourteen (14) days from the date the memorandum in support of the motion was served. Failure to serve and file a memorandum contra may be cause for the Court to grant the motion as served and filed.
Page 1 | MOTIONS, MEMORANDA AND PROCEDURE THEREON (9.2)
Objections to a Rule 37 discovery motion must be filed within the time specified in Ohio Civil Rule 33.
Objections to any Discovery Motion filed pursuant to Rule 37 of the Ohio Rules of Civil Procedure shall be filed within the time specified in Rule 33 of the Ohio Rules of Civil Procedure.
Civil cases
Page 1 | C. Objection to Discovery Motion
When Findings of Fact and Conclusions of Law are requested, the requesting party must prepare proposed findings within 5 days as directed by the Trial Judge and submit them to opposing counsel.
When a request for Findings of Fact and Conclusions of Law is made, the Trial Judge shall direct the party making the written request to prepare, within five (5) days, proposed Findings of Fact and Conclusions of Law and submit them to the opposing counsel.
Page 1 | ENTRIES
Counsel who disagrees with a submitted Journal Entry must request a Court hearing within 7 days after the proposed entry is mailed or otherwise submitted.
If counsel to whom a Journal Entry is submitted does not agree with the entry as submitted, such counsel shall request a hearing before the Court within seven (7) days after the proposed entry is mailed or otherwise submitted to him.
Page 1 | ENTRIES
The Judge may prepare and file an entry without submission or notice, and must do so if counsel fails to present one within 14 days and no hearing request has been made.
Notwithstanding the above, the Judge may cause a proper entry to be prepared and filed without submission or notice to counsel or take such other action as the Judge deems appropriate under the circumstances, and in the event counsel fails to present an entry within fourteen (14) days after the Order, Decree of Judgment is rendered (no request for a hearing as provided in Local Rule 14.2 having been made), the Judge shall cause the proper Entry to be prepared and filed without submission or notice to counsel.
Page 1 | ENTRIES
Within 10 days after opposing counsel receives the proposed findings, they must be submitted to the Court with any written objections and counterproposals; only findings made by the Court become part of the record.
Within ten (10) days after its receipt by the opposing counsel, the proposed findings shall be submitted to the Court with objections and counter proposals, if any, in writing; however, only those Findings of Fact and Conclusions of Law made by the Court shall form a part of the record.
Page 1 | ENTRIES
Unless the Judge directs otherwise, prevailing counsel must prepare the Journal Entry within 14 days of the Court’s decision and submit it to adverse counsel for approval or rejection.
Unless the Judge otherwise directs, counsel for the party in whose favor an Order, Decree or Judgment is rendered, shall within fourteen (14) days of the Court’s decision prepare the proper Journal Entry, and submit it to the counsel for the adverse party, who shall approve or reject the same.
Page 1 | ENTRIES
Depositions cited in the supporting memorandum must be filed by the motion’s filing date.
Any depositions cited in the memorandum must be filed no later than the filing date of the motion.
Civil cases
Page 1 | MOTIONS FOR SUMMARY JUDGMENT
Counsel must submit formal pre-trial statements 14 days before the formal pre-trial.
Fourteen (14) days prior to the formal pre-trial, counsel shall submit formal pre-trial statements.
Civil cases
Page 1 | 20.4 Answer
Written objections to jury instructions are due seven days before the final pre-trial date.
Seven (7) days prior to the final pre-trial date.
Civil cases
Page 1 | 20.4 Answer
Jury instructions are due 14 days before the final pre-trial date.
Fourteen (14) days prior to the final pre-trial date
Civil cases
Page 1 | 20.4 Answer
The served party has 28 days after service to answer the complaint.
The party being served has twenty-eight (28) days to answer the complaint
Civil cases
Page 1 | 20.2 When Service is Completed
Replies to responses to motions for summary judgment and other dispositive motions are due seven days thereafter.
Replies seven (7) days thereafter
Civil cases
Page 1 | 20.4 Answer
Responses to motions for summary judgment and other dispositive motions are due 14 days later.
Responses shall be filed fourteen (14) days later
Civil cases
Page 1 | 20.4 Answer
Objections to exhibits are due seven days before the pre-trial, with a copy to the Court.
Seven (7) days prior to the pre-trial, with a copy to the Court
Civil cases
Page 2 | 20.4 Answer
Exhibits must be exchanged and a copy provided to the Court 14 days before the final pre-trial date.
shall be exchanged Fourteen (14) days prior to the final pre-trial date, with a copy to the Court
Civil cases
Page 2 | 20.4 Answer
After counsel or the parties advise the Court that a case has settled, the dismissal or Settlement Entry is due within 30 days or earlier if the Court designates an earlier time.
If counsel or parties advise the Court that a case has been settled, the dismissal or Settlement Entry shall be due in thirty (30) days or an early time designated by the Court.
Civil cases
Page 2 | 20.5 Dismissals/Settlements
A motion for exclusive occupancy must be set for hearing within 28 days of service of the motion and supporting affidavit, with a notice of service filed with the Court and a copy provided to the Magistrate or Judge.
F. All motions for exclusive occupancy of the marital residence shall be set for hearing within twenty-eight (28) days of service of a motion for exclusive occupancy and a supporting affidavit and upon the filing of a notice of service with the Court with a copy provided to the Magistrate/Judge.
Civil cases
Page 7
A 75(N) Temporary Order generally may not issue until at least 15 days after service of the request, but the Court may issue it earlier if both parties have filed affidavits and at least one party has filed a notice of service.
A 75(N) Temporary Order shall not issue until at least fifteen (15) days after service of the request for the 75(N) Temporary Order on the other party. The Court may issue 75(N) Temporary Orders earlier than fifteen (15) days after service of the request in the event that both parties have filed affidavits and at least one party has filed a notice of service.
Civil cases
Page 7
After a 75(N) Temporary Order is journalized, a party may request an oral hearing on modification, which must be heard within 28 days; the Court will attempt to accommodate counsel’s schedule but may set a date requiring the attorneys and parties to be available, and the request does not delay the order’s issuance or effect.
E. After the journalization of a 75(N) Temporary Order, a party may request an oral hearing concerning modification of the 75(N) Temporary Order which shall be heard within twenty-eight (28) days of the request for the hearing. The Court shall attempt to accommodate the attorney’s schedule, however, if necessary, the Court shall simply set a Court date and the attorneys/parties shall need to make themselves available. A request for a hearing will not delay the issuance or the effect of a 75(N) order.
Civil cases
Page 7
The other party may file counter affidavits within 14 days after service of the complaint, answer, counterclaim, or motion for consideration in making 75(N) Temporary Orders.
C. Counter affidavits may be filed by the other party within fourteen (14) days of service upon them of the complaint, answer, counterclaim or motion for the Court to consider in making 75(N) Temporary Orders.
Civil cases
Page 7
The plaintiff’s attorney must file the required title evidence with the clerk within 30 days after the complaint is filed.
In actions to quiet title, partition and for the marshaling and foreclosing of liens on real property,the attorney for the plaintiff shall procure and file with the clerk, within thirty (30) days after the filing of the Complaint, evidence of the state of the record title to the premises in question
Civil cases
Page 1 | 21.1
The Sheriff must return the sale to the Court and have it confirmed and the deed ordered no later than one week after the sale.
Not more than one week from the date of sale, the Sheriff shall make his return to the Court and have the sale confirmed and deed ordered.
Civil cases
Page 1 | SHERIFF’S SALES
Confirmation-of-sale motions are normally considered ex parte, but an interested party may obtain a hearing by filing a request within one week after the sale.
Motions for Confirmation of Sale shall normally be considered ex parte in nature and no hearing shall be had on the confirmation of sale unless a request for a hearing is filed by any interested party within one week from the date of the sale.
Civil cases
Page 1 | SHERIFF’S SALES
The proposed entry staying the case must be presented within seven business days after the Notice of Stay is filed with the Clerk of Courts.
If a notice of a stay is received, the party granted the foreclosure shall present a proposed entry staying the case to the Court within seven (7) business days of the filing of the Notice of Stay with the Clerk of Courts.
Civil cases
Page 1 | ORDER OF SALE
An election filed after the seven-day period will not be considered.
No election filed after such date shall be considered
Civil cases
Page 1 | PARTITION
Elections in partition cases must be filed with the clerk within seven days after the Sheriff’s return and the Commissioners’ report.
Elections in partition cases shall be filed with the clerk within seven (7) days of the date of the return of the Sheriff and the report of the Commissioners.
Civil cases
Page 1 | PARTITION
The joint entry must be submitted within ten business days after mediation terminates.
during mediation, the parties shall submit a joint entry to the Court listing the issues settled and that remain disputed within ten (10) business days of the termination of the mediation.
Civil cases
Page 3 | 27.7 Entry upon Settlement
The mediation fee must be paid no later than ten business days before the scheduled mediation conference.
The mediation fee is $300 per party in interest. This fee shall be paid to the Clerk of Courts no later than ten (10) business days prior to the scheduled mediation conference.
Civil cases
Page 3 | 27.8 Fees
Attorneys must file and serve a Pretrial Statement at least 14 days before the first formal Pretrial Hearing.
All attorneys shall file with the Judge to whom the cause is assigned, and serve upon all other attorneys appearing in the action, not less than fourteen (14) days prior to the date of the first formal Pretrial Hearing, a Pretrial Statement:
Civil cases
Page 1 | PRE-TRIAL PROCEDURE
If illegible, the Clerk of Courts may reject sent documents or request the source documents which shall be provided by counsel within three (3) days of request.
If illegible, the Clerk of Courts may reject sent documents or request the source documents which shall be provided by counsel within three (3) days of request.
Page 2 | 3.9 Date and time
The Clerk of Courts may reject a fax filing if it lacks the required cover page or includes a filing that is not permitted by the rule.
The Clerk of Courts is hereby authorized to reject any facsimile transmission filing if the sender fails to provide the cover page required under Local Rule 3.4 or if the transmission contains a filing not acceptable under Local Rule 3.3.
Page 2 | 3.8 Filing Acceptance or Rejection
A fax filing is considered filed when received by the Clerk, using the date and time printed at the top of each page by the Clerk's fax equipment; no other timestamp is required.
Subject to the other provisions of this Local Rule, all documents filed by fax shall be considered filed with the Clerk of Courts as of the date and time that the fax transmission has been received by the Clerk of Courts. For purposes of this provision and for docketing such filings into the electronic Case Docket System, a facsimile filing shall be deemed to have been received by the Clerk of Courts as of the date and time printed at the top of each page of the incoming fax transmission as printed out by the Clerk of Courts’ facsimile equipment. There shall be no other date and time stamp required for the filing of fax documents with the Clerk of Courts.
Page 2 | 3.9 Date and time
For cases requiring a report under Civ. R. 53(E)(1), adjudication on the merits may not be delivered to the Court for approval until 14 days after the report is filed.
Adjudication upon the merits by a Magistrate in any case in which a report is required under Civ. R. 53(E)(1) shall not be delivered to the Court for approval until fourteen (14) days have elapsed from the filing of his report,
Page 1 | COURT MAGISTRATES
Any party may file objections and supporting memoranda to the Magistrate’s Report within 14 days.
Objections and Memoranda in Support of such Objections to the Magistrate’s Report may be filed by any party within fourteen (14) days in accordance with Civ. R. (53)(E)(2) and Crim. R. 19(D)(3)(6).
Page 1 | COURT MAGISTRATES
Any party may file a memorandum contra within 7 days after objections are filed.
Memoranda Contra may be filed by any party within seven (7) days after the filing of such objections.
Page 1 | COURT MAGISTRATES
The Court may extend the discovery time periods upon written application and a showing of good cause.
The Court may, in its discretion, extend the time periods herein upon written application and for good cause shown.
Criminal cases
Page 2 | 29.7 Requests for Discovery
A reply memorandum may be served and filed within 7 days after the memorandum contra.
A reply memorandum may be served and filed within seven (7) days of the memorandum contra.
Page 1 | MOTIONS, MEMORANDA AND PROCEDURE THEREON (9.2)
If the plaintiff’s attorney has not complied within 45 days after the complaint is filed, a cross-complainant or other interested party may, after notice to plaintiff’s counsel, seek leave to file the title evidence.
Upon failure of the attorney for the plaintiff to comply with the foregoing requirement within forty-five (45) days after the filing of the Complaint, any cross-complainant or other interested party, upon notice to plaintiff’s attorney, may procure leave to furnish and file such evidence of the state of the record of title shall become and remain a part of the files of the case.
Civil cases
Page 1 | 21.1
The Court will not act on an election before the seven-day period expires unless all parties consent.
the Court will not act on any election prior to the expiration of such seven (7) day period unless the consent of all parties to the action is obtained.
Civil cases
Page 1 | PARTITION
Service and Proof of Service Rules
When a post-conviction petition is filed, the clerk must issue written notice to the prosecuting attorney.
Upon the filing of such a petition, the clerk shall issue written notice upon the prosecuting attorney.
Criminal cases
Page 1 | 29.4 Post Conviction
A party seeking to modify bail must apply to the Court, give notice to the adverse party, and obtain the Court’s action by Entry.
When the amount of bail has been fixed in a criminal case before it reached this Court and either the State or the defendant desire to modify the amount or conditions thereof, such party shall make application to the Court. Notice thereof shall be given the adverse party and after submission to the Court, the action approved by the Court shall be by Entry.
Criminal cases
Page 1 | 29.2
The clerk must send bail-forfeiture notice to the defendant and surety in a form approved by the Court.
Notice of bail forfeiture shall be sent by the clerk to the defendant and to the surety in such form as may be approved by the Court from time to time.
Criminal cases
Page 2 | 29.9 Bail Forfeiture
Notice that a continuance motion was filed must be served on opposing counsel, or on the unrepresented defendant when the Prosecuting Attorney files the motion; opposing counsel may promptly file an opposing affidavit.
Notice of the filing of such motion shall be served upon opposing counsel who may forthwith file an affidavit in opposition. If the defendant has no counsel and a Motion for Continuance is filed by the Prosecuting Attorney, such notice shall be served on the defendant.
Criminal cases
Page 2 | 29.8 Continuance
Immediately after entering judgment by confession, the Court must send the defendant a copy by personal service or registered or certified mail to the address in the petition.
Immediately upon entering a Judgment by Confession, upon a warrant of attorney, the Court shall cause a copy of the Judgment of Confession to be sent to the defendant by personal service or by registered or certified letter mailed to him at the address set forth in the petition in accordance with Section 2323.13(C) of the Ohio Revised Code.
Civil cases
Page 1 | JUDGMENTS UPON WARRANT OF ATTORNEY TO CONFESS
Applications for compensation for receivers or their attorneys may be made only after prior notice to creditors and other interested persons as directed by the Court.
Applications for allowance of compensation to receivers or attorneys for receivers shall be made only upon prior notice to creditors and other persons in interest as the Court may direct.
Civil cases
Page 1 | LOCAL RULE 25 — DUTIES OF RECEIVERSHIP
Copies of affidavits and written reports must be furnished to counsel for all parties at least one week before the hearing.
In the instance of affidavits and written reports, copies shall be furnished to counsel for all parties not less than one week in advance of hearing.
Civil cases
Page 2 | 28.7 Conduct of Hearing; General Powers
Parties who amend pleadings after rejection of an arbitration decision must serve the other parties under the Ohio Rules of Civil Procedure.
The parties making such pleading amendments shall serve other parties pursuant to the Ohio Rules of Civil Procedure.
Civil cases
Page 3 | 28.15 Time Limit to Amend Pleadings
The jury-service notice and questionnaire must be delivered by ordinary mail unless otherwise ordered.
(3) Delivered by ordinary mail unless otherwise ordered.
Page 3 | 37.11 Notification for Service
The clerk must cause the Notice and Request for Hearing Form to be served on the judgment debtor when a praecipe for a Writ of Execution is filed.
26.1 When a judgment creditor files a praecipe for a Writ of Execution with the Clerk of a Common Pleas Court, the clerk shall issue a Writ of Execution and cause a Notice and a Request for Hearing Form to be served upon the judgment debtor.
Civil cases
Page 1 | PROCEDURE ON EXECUTIONS
When a defendant requests a hearing, the Court must send notice to both parties by ordinary or regular mail at least seven days before the hearing.
26.5 If a defendant requests a hearing as set forth in this Local Rule, the Court shall schedule a hearing within twelve (12) business days of the receipt of the Clerk of the Court of the request for hearing from the defendant and shall cause notice of such hearing to be sent to both the defendant and the plaintiff by ordinary or regular mail at least seven (7) days prior to the scheduled hearing.
Civil cases
Page 1 | PROCEDURE ON EXECUTIONS
The Clerk of Courts must send any Notice of Hearing to the parties by regular mail or in accordance with Civil Rule 5.
26.4 The Clerk of Courts shall send any Notice of Hearing to the parties by regular mail or otherwise in accordance with Rule 5 of the Rules of Civil Procedure.
Civil cases
Page 1 | PROCEDURE ON EXECUTIONS
Notice of pleadings other than the original Complaint must be given to opposing counsel as required by the Rules of Civil Procedure.
Notice shall be given to opposing counsel as required by the Rules of Civil Procedure for service of pleadings other than the original Complaint.
Civil cases
Page 1 | 31.1 Pre-trial Procedure
When a divorce, dissolution, or legal-separation filing is made, the Clerk must deliver a Registration Form to the filing party, serve one on the non-filing party with the summons, and note delivery or service on the docket.
Upon the filing of a Complaint for Divorce, Petition for Dissolution, or Complaint for Legal Separation, the Clerk of Courts shall deliver to the filing party or parties a Registration Form and shall cause to be served upon the non-filing party, together with the summons, a Registration Form. This Registration Form may be amended from time to time by the Court, the program administrator, or any successor administrator. The clerk shall note delivery/service upon the docket.
Civil cases
Page 2 | 31.5 Helping Children Cope With Family Separation
The Court must mail a copy of the relocation notice to the non-residential parent, subject to the stated statutory exceptions.
Except as provided in ORC Section 3109.051(G)(2),(3) and (4), a copy of such notice shall be mailed by the Court to the non-residential parent.
Civil cases
Page 6 | RELOCATION NOTICE
When service of process is required, sufficient copies must be filed with the clerk to accomplish service.
In addition to the original, sufficient copies shall be filed with the clerk to accomplish service of process, if required.
Page 1 | PLEADINGS AND MOTIONS
The Pretrial Statement must be served on all other attorneys appearing in the action at least 14 days before the first formal Pretrial Hearing.
All attorneys shall file with the Judge to whom the cause is assigned, and serve upon all other attorneys appearing in the action, not less than fourteen (14) days prior to the date of the first formal Pretrial Hearing, a Pretrial Statement:
Civil cases
Page 1 | PRE-TRIAL PROCEDURE
In a case of indigency, service by publication is made by posting on the bulletin board in the courthouse’s first-floor lobby.
Pursuant to Civil Rule 4.4(A)(2), In the case of indigency, service by publication shall be by posting on the bulletin board in on the first floor lobby of the courthouse.
Page 2 | LOCAL RULE 4 — DEPOSIT FOR COSTS
Filing Fees and Waivers
Eligible arbitrators receive $500 for the first day and $300 for each fractional half-day thereafter; related cases count as one case for compensation, payment follows filing the report and award, costs are split equally between plaintiffs and defendants, and the Court may modify the amounts.
Each member of a panel who has signed an award or filed a dissenting opinion, unless waived in writing their right to compensation prior to the hearing, shall receive as compensation for his/her 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 of the Ohio Revised Code and shall be taxed as costs, one-half to plaintiff(s) and one-half to defendant(s). These amounts of compensation set forth herein may be subject to modification by the Court in its discretion.
Civil cases
Page 3 | 28.14 Compensation of Arbitrators
When arbitration lasts more than one day and additional deposits are required for arbitrator payment, the additional-cost deposit is due within five days after arbitration concludes.
In cases which require additional deposits for payment to the arbitrators due to the arbitration lasting more than one day, the deposit to cover the additional costs shall be made no later than five (5) days after completion of the arbitration.
Civil cases
Page 3 | 28.14 Compensation of Arbitrators
In a medical malpractice action, plaintiffs must deposit $800 when filing the complaint and defendants must deposit $800 within 40 days, with the full deposit due no later than five days before the arbitration hearing.
In addition to the deposit required for Civil Actions by Local Rule 4 of these Rules, plaintiff(s) at the time of filing of the Complaint in a Medical Malpractice Action shall deposit Eight Hundred Dollars ($800.00) to guarantee the fees of the arbitrators, and within forty (40) days of the filing of the Complaint, defendant(s) shall deposit Eight Hundred ($800.00) as a like guarantee. But in no event shall the full deposit guarantee be deposited later than five (5) days before the date of the Arbitration Hearing.
Civil cases
Page 3 | 28.14 Compensation of Arbitrators
If settlement is reached or arbitration is waived fewer than 60 days before the scheduled hearing, each panel member must be paid $100 from the required deposit.
In all cases in which a settlement is reached or arbitration is waived fewer than sixty (60) days prior to the scheduled Arbitration Hearing, the panel members shall be paid $100.00 each from the deposit heretofore required.
Civil cases
Page 3 | 28.14 Compensation of Arbitrators
When a plaintiff has filed a Poverty Affidavit or has an insufficient deposit and obtains an award, settlement, or judgment, defendants must first pay the unpaid plaintiff share of arbitrator compensation to the Clerk from that recovery; otherwise, unpaid compensation is paid from county funds upon proper warrant.
In all cases in which the plaintiff(s) has filed a Poverty Affidavit, or in which an insufficient deposit has been made to pay plaintiff(s) portion of the compensation due the arbitrators, and in which an award, settlement or judgment has been made in favor of the plaintiff(s), defendant(s) shall first pay to the Clerk of Courts out of such award, settlement or judgment before making any payment to the plaintiff(s), an amount equal to the un-deposited plaintiff(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 Brown County, Ohio.
Civil cases
Page 3 | 28.14 Compensation of Arbitrators
The panel chair must verify the deposit from four days before through five days after the hearing concludes and, if either side has not deposited, schedule a show-cause hearing through the Assignment Commissioner.
The chairman of the arbitration panel shall determine, not less than four days prior to and not more than five (5) days following completion of the arbitration hearing, that the proper deposit has been made. If no deposit has been made by one or both sides, the chairman shall, through the Assignment Commissioner, schedule a Show Cause Hearing before the Judge to determine why the plaintiff(s) and/or defendant(s) should not be held in contempt for failure to file the required deposit.
Civil cases
Page 3 | 28.14 Compensation of Arbitrators
The placing agent must pay the publisher’s bill before the final publication and before a proof of publication is issued.
The placing agent will be required to pay the bill before the last publication is to run, and prior to any proof of publication issued.
Civil cases
Page 1 | NEWSPAPER LEGAL ADVERTISING
Each party in interest must pay a $300 mediation fee to the Clerk of Courts no later than ten business days before the scheduled mediation conference.
The mediation fee is $300 per party in interest. This fee shall be paid to the Clerk of Courts no later than ten (10) business days prior to the scheduled mediation conference.
Civil cases
Page 3 | 27.8 Fees
The minimum deposit for bond and care of property is $60.
Cover cost for bond and care of property (minimum) 60.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
An order of sale requires an $800 deposit.
Order of Sale 800.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
Garnishment of personal earnings requires a $60 deposit.
Garnishment of personal earnings 60.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A cognovit filing requires a $55 deposit.
Cognovits 55.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A counterclaim or cross-claim in a civil action requires a $100 deposit.
Any counterclaim or cross-claim in a civil action 100.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
Garnishment of property other than personal earnings held by a third party requires a $60 deposit.
Garnishment of property other than personal earnings (property in the possession of a third-party) 60.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A pre-judgment attachment requires a $150 deposit.
Pre-judgment attachment 150.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A divorce, alimony, or annulment complaint requires a $250 deposit.
Divorce, alimony or annulment – complaint 250.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
An appeal from another tribunal requires a $75 deposit.
Appeals from other tribunals 75.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
The deposit for a civil action with five or fewer defendants is $250.
Civil actions (five (5) defendants or less) $250.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
Objections require a $150 deposit.
Objections 150.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A medical malpractice action requires a $500 deposit.
Medical Malpractice Action 500.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A judgment debtor examination requires a $60 deposit.
Judgment Debtor Examination 60.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
The listed post-decree domestic relations motions require a $100 deposit.
Post decree domestic relations motions, Motion to Modify, Motion for Relief from Judgment, Motion for Order to Show Cause (contempt), Motion for Terminations 100.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
An action served by publication requires an additional $150 deposit beyond the regular deposit.
All action with service by publication, in addition to regular deposit for costs 150.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
Each defendant above five adds $10 to the deposit for costs.
Each additional defendant over five 10.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A replevin action requires a $150 deposit.
Recovery of possession of specific personal property 150.00 (Replevin)
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A dissolution petition requires a $250 deposit.
Dissolution Petition 250.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
Post decree civil motions, Motion to Vacate, Revive or Modify 100.00 Judgment, Motion for Relief from Judgment
Post decree civil motions, Motion to Vacate, Revive or Modify 100.00 Judgment, Motion for Relief from Judgment
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A foreclosure action requires a $500 deposit.
Foreclosure Action 500.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
An execution requires a $60 deposit.
Execution 60.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
NOTE: If motions fall into more than one category, the deposit for costs will be the sum total of all categories, but not to exceed $75.00 for any one filing.
NOTE: If motions fall into more than one category, the deposit for costs will be the sum total of all categories, but not to exceed $75.00 for any one filing.
Page 2 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A domestic relations litigant claiming indigency must file an in forma pauperis motion with a supporting Poverty Affidavit and Financial Disclosure/Affidavit of Indigency.
Domestic Relation Cases: In the event of claimed indigency, said indigent shall file a Motion to Proceed in Forma Pauperis accompanied by a Poverty Affidavit in support thereof along with a Financial Disclosure/Affidavit of Indigency.
Page 2 | Domestic Relation Cases: In the event of claimed indigency
Cases transferred to the Common Pleas Court in which the demand of the counterclaim or the cross-complaint exceeds the monetary jurisdiction of any other jurisdiction, the counterclaimant or cross-complainant shall, within ten (10) days of docketing the case, post security for costs in a sum equal to the amount
Cases transferred to the Common Pleas Court in which the demand of the counterclaim or the cross-complaint exceeds the monetary jurisdiction of any other jurisdiction, the counterclaimant or cross-complainant shall, within ten (10) days of docketing the case, post security for costs in a sum equal to the amount
Page 2 | 4.3
The jury-demand deposit must be paid by the date of the final pretrial.
The deposit for jury demand shall be paid by the date of the final pre-trial.
Page 2 | LOCAL RULE 4 — DEPOSIT FOR COSTS
Failure to provide required additional security may result in dismissal on the Court’s own motion.
Failure to comply may result in case dismissal by the Court on its own motion.
Page 2 | 4.2
A final decree or order cannot issue until all costs are paid or a proper in forma pauperis affidavit is filed and approved.
No final decree or order shall issue unless all costs are paid or a proper Affidavit in Support of Request to Proceed in Forma Pauperis is filed and approved by the Court.
Page 2 | 4.2
A jury demand requires a $500 deposit.
Jury Demand $500.00
Page 2 | LOCAL RULE 4 — DEPOSIT FOR COSTS
An application to proceed in forma pauperis requires Court approval.
The application to proceed in Forma Pauperis is subject to Court approval.
Page 2 | Domestic Relation Cases: In the event of claimed indigency
A counterclaim or cross-claim filed without required additional cost security is subject to dismissal if the filer does not promptly post it after clerk notification.
4.4 In cases where a counterclaim or cross-claim is filed without the posting of the additional security required by this Local Rule, the clerk shall immediately notify the person filing such pleading of the additional security required herein and, on the failure of such person to forthwith post such additional security for costs, such counterclaim or cross-claim shall be subject to dismissal by the Court on its own motion.
Page 3 | 4.4
A $250 special works fund assessment is collected when every foreclosure action is filed.
(B) A fee in the amount of two hundred fifty dollars ($250.00) shall be collected as an assessment for the special works fund on the filing of every foreclosure action and the Clerk of this Court is hereby directed to charge this fee in accordance with this Local Rule.
Page 3 | 4.7(B)
Filing a praecipe for order for sale requires an $800 deposit to ensure payment of costs regardless of the Sheriff's sale outcome.
4.8 (A) When filing a praecipe for order for sale with the Clerk of Courts, a deposit of $800.00 will be required. This will ensure payment to all parties incurring costs, regardless of the outcome of the Sheriff's sale.
Page 3 | 4.8(A)
A $100 fee is charged for filing a Motion for Expungement and collected by the Clerk of Courts for disbursement of the investigation fee into the Probation Fund.
4.9 Anyone filing a Motion for Expungement shall be charged $100.00. The Clerk of Courts shall collect such fees, and they shall disburse the investigation fee into the Brown County Court of Common Pleas Probation Fund.
Page 3 | 4.9
A $45 special works fund assessment is collected when every criminal and civil action is filed.
4.7 (A) A fee in the amount of forty-five dollars ($45.00) shall be collected as an assessment for the special works fund on the filing of every criminal and civil action and the Clerk of this Court is hereby directed to charge this fee in accordance with this Local Rule.
Page 3 | 4.7(A)
The Judge authorizes fee payments by Court Entry using a form provided by the Assignment Commissioner.
Payment of fees shall be authorized by the Judge via Court Entry on a form to be provided by the Assignment Commissioner.
Civil cases
Page 3 | 28.14 Compensation of Arbitrators
If multiple defendants cannot agree on their respective shares of the deposit, the assigned Judge will apportion it upon proper motion.
If there are multiple defendants 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.
Civil cases
Page 3 | 28.14 Compensation of Arbitrators
The Court may order additional deposits when it appears proper.
When it appears proper, the Court may order additional deposits.
Civil cases
Page 3 | 28.14 Compensation of Arbitrators
If the advertising fee is to be included in court costs, the placing agent should immediately forward the paid bill to the Clerk of Courts.
Once the bill is paid, the placing agent should forward the paid bill to the Clerk of Courts immediately if the fee is to be included in the court costs.
Civil cases
Page 1 | NEWSPAPER LEGAL ADVERTISING
Upon request, the clerk furnishes extra copies of pleadings or other papers upon payment of the usual fee or, if no fee is fixed by law, another cost.
The clerk shall, upon request, furnish extra copies of pleadings or other papers upon the payment of the usual fee or other cost, if no fee is fixed by law.
Page 1 | ORIGINAL RECORDS
If the mediation fee is not paid to the Clerk of Courts, the Court may impose sanctions, including attorney’s fees and costs or contempt, at the Judge’s discretion.
If the mediation fee is not paid to the Clerk of Courts, the Court may impose sanctions that 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 Judge.
Civil cases
Page 3 | 27.8 Fees
A certificate of judgment lien relating to a civil judgment in this Court costs $38.
Certificate of Judgment Lien (Relating to a civil judgement 38.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
Releasing a judgment tax lien from a state other than Ohio costs $33.
Release of State (other than Ohio) Judgment Tax Lien 33.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A certificate of judgment lien relating to a civil judgment in another Court costs $33.
Certificate of Judgment Lien (Relating to civil judgement in 33.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A home investigation when children are involved requires a $25 deposit.
Home Investigation (with children) 25.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
Releasing a State of Ohio judgment tax lien costs $38.
Release of State of Ohio Judgment Tax Lien 38.00
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
The arbitration fee is set by the Court case by case.
Arbitration fee (set by the Court on a case by case basis) ----------
Page 1 | LOCAL RULE 4 — DEPOSIT FOR COSTS
A probation investigation for sealing a record costs $50.
Probation investigation for sealing of record 50.00
Page 2 | LOCAL RULE 4 — DEPOSIT FOR COSTS
Courtesy Copy Requirements
Counsel must deliver copies of all motions, memoranda, and affidavits to the Assignment Commissioner for the Judge.
Counsel shall deliver to the Assignment Commissioner copies of all motions, memoranda, and affidavits for the Judge.
Page 1 | Motion for Summary Judgment (9.4)
Counsel or the party must deliver a file-stamped copy of every motion to the Judge, except covered default-judgment motions, which the clerk delivers; the requirement applies in civil and criminal cases.
Counsel or the party, as applicable, shall deliver to the Judge a file-stamped copy of all motions, except Motions for Default Judgment pursuant to Local Rule 10, and Civ. R. 55, which shall be delivered by the clerk to the Judge for decision thereon. This requirement of delivery shall apply to both Civil and Criminal Cases.
Page 1 | Delivery of Motions to Judge (9.5)
Sealing & Redaction Procedures
Public records may not include Social Security numbers, full financial account numbers (though the last four digits may be listed), or other information deemed personal and private by law or court ruling.
The following information is deemed personal and private and may not be included in a public record: 1. Social Security Number 2. Full financial account number (the last four digits of an account number may be listed, i.e. xxxx-xxx-1234) 3. Any other information deemed personal and private by any other federal or state statute, regulation, executive order, or Court ruling.
Page 1 | Protection of Personal and Private Information in Court Records
The filing party and counsel are responsible for removing personal and private information from filings, including attached exhibits and addenda.
It is the responsibility of the filing party and counsel to remove personal and private information from a document filed the Clerk of Court’s Office (see Superintendent R. 45(D)). The responsibility of the filing party and counsel to remove personal and private information extends to, and includes, exhibits and addenda attached to filings, such as preliminary and final judicial reports; and personal information, such as may be found under R.C. 2907 Sex Offenses.
Page 1 | Protection of Personal and Private Information in Court Records
Personal and private information in documents filed before the rule’s implementation and in records or transcripts from another court is considered public, but an affected person may petition for removal and the information will be redacted if the petition is granted.
Any personal and private information contained in documents filed prior to the implementation of this rule is considered public. Any personal and private information in records or transcripts transmitted to this Court from another Court is considered public. A party or an attorney in a case, or any other person whose personal and private information is contained in the public record of this Court may petition the Court for the removal of personal and private information and, if the request is granted, the personal and private information will be redacted.
Page 1 | Protection of Personal and Private Information in Court Records
The Clerk of Courts and Deputy Clerks are not responsible for removing personal or private information from public filings.
The Clerk of Courts and Deputy Clerks have no responsibility for the removal of any personal and private information filed in a public document in the Brown County Clerk of Courts office.
Page 1 | Protection of Personal and Private Information in Court Records
Pre-Motion Conference Requirements
Before filing discovery-related objections, interrogatories, motions, applications, or requests under Rules 27 or 37, counsel must exhaust all extra-judicial means to resolve the differences.
No objections, interrogatories, motions, applications or requests related to discovery shall be filed under the provisions of Rules 27 and 37, of the Ohio Rules of Civil Procedure in the Court unless counsel have exhausted all extra-judicial means for the resolution of differences.
Civil cases
Page 1 | A. Consultation Among Counsel
A party seeking oral argument must file a request for an oral hearing within 14 days of the supplemental briefing order.
If any party desires to have oral argument on the motion, a request for oral hearing shall be filed by the party within fourteen (14) days of the date of the supplemental briefing order.
Civil cases
Page 1 | MOTIONS FOR SUMMARY JUDGMENT
Responses to summary judgment and other dispositive motions are due 28 days thereafter, and replies are due 14 days thereafter.
11.2 Responses to Summary Judgment and other dispositive motions shall be filed twenty-eight (28) days thereafter. Replies shall be filed fourteen (14) days thereafter.
Civil cases
Page 1 | MOTIONS FOR SUMMARY JUDGMENT
A non-oral hearing date must be set for the motion.
11.3 A non-oral hearing date shall be set.
Civil cases
Page 1 | MOTIONS FOR SUMMARY JUDGMENT
Adjournment & Extension Requirements
A continuance request must be made by written motion with an affidavit showing undue hardship at least 10 days before trial.
All requests for continuances shall be made by written motion supported by an affidavit showing undue hardship at least ten (10) days prior to the trial date.
Criminal cases
Page 2 | 29.8 Continuance
A continuance request must be submitted in writing at least 60 days before trial.
Must be submitted in writing no less than Sixty (60) days prior to trial date.
Civil cases
Page 2 | 20.4 Answer
Scheduling Order dates may be extended only with leave of the Court.
All dates set forth herein by the Scheduling Order may be extended only by leave of the Court.
Civil cases
Page 2 | 20.4 Answer
The Judge may extend these filing deadlines only on written application supported by an affidavit stating the reasons for the request.
Said filing deadlines may be extended by the Judge only upon written application supported by an affidavit stating the reasons thereon.
Page 1 | COURT MAGISTRATES
If a party cannot proceed on a scheduled date agreed to by all parties, the Assignment Commissioner may continue the case and may assess that party a $150 fee.
In the event that a party is unable to proceed when the case has been scheduled, and such date is agreed to by all parties, the Assignment Commissioner may mark the case continued and may assess a $150.00 continuance fee against such party.
Civil cases
Page 1 | 28.4 Inability of Party to Proceed
The Court may extend the stated time periods for good cause shown upon application.
The time periods set forth herein may be extended by the Court, for good cause shown, upon application therefor.
Page 1 | MOTIONS, MEMORANDA AND PROCEDURE THEREON (9.2)