Marion County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Immediately Upon Filing
- 1 copy • Upon Filing
Adjournments
- Parties should try to avoid trial-continuance motions, but must file a motion to continue a trial or other hearing as soon as they realize a continuance is needed.
- The Court generally considers continuance requests only on a formal written motion detailing the grounds and showing good cause, but may consider an oral motion made in the presence of all parties and/or counsel.
- Where practicable, the moving party must make reasonable efforts to contact opposing counsel and the written continuance motion must describe those efforts or why contact was not possible, and state any response received.
- +3 more
Request must include
Communication
Phone
Phone
Clerk
Phone
Chambers
Phone
Duty Judge
Phone
Duty Judge
Phone
Duty Judge
Page & Word Limits1 rule
Fax filings shall not exceed 30 pages in length (including any exhibits but not including the cover sheet).
- Fax filing
- Up to 30 pages
Document Format Requirements15 rules
Original filings must satisfy the listed paper, typography, one-sided printing, margin, pagination, service-certificate, and redaction requirements, subject to the stated impracticability exceptions.
- Margins
- Top 1 inch
- Paper size
- Letter
Formatting
- •Material may appear only on the front side of each page
Court's wording
All Original Filings shall conform to the following requirements: 1. Filed on letter size paper (8.5 inches by 11 inches). 2. Typewritten in a font no smaller than 10.0 type or legibly printed (handwritten) in a size comparable to 10.0 typed font or larger. 3. Contain material only on the front side of each page. 4. Have a margin at the top of each page of at least one inch. 5. Contain page numbers if the document has more than one page. 6. Contain a Certificate of Service as detailed in Rule 111. 7. Has personal identifying information redacted as detailed in Rule 110. B. To the extent impracticable, the mechanical requirements of this rule shall not apply to attachments or exhibits to any filing; depositions or similar transcripts; forms approved by the Ohio Supreme Court or this Court, such as Financial Disclosure Forms; and any other Document for which the Filer cannot comply with these mechanical requirements.
An e-filer must submit all documents in Portable Document Format (“PDF”) except for proposed entries, which an e-filer must submit in Word or other editable format.
- File type
B. If e-filing a motion, the Filer must submit the proposed entry in an editable format.
A party shall file all briefs, memoranda, oppositions, or motions in duplicate.
- Brief
- Memorandum
- Opposition
- Motion
Formatting
- •Documents must be filed in duplicate
Unload the firearm prior to bringing it into the Courthouse.
If the party cannot secure the weapon or dangerous ordnance as required, the party must expressly say so in the notice to the Court.
Court's wording
If the party cannot secure a particular weapon or dangerous ordnance on a plexi-glass display board using plastic tie wraps, the party intending to present the weapon or dangerous ordinance shall expressly inform the Court of this fact in the party’s notice made pursuant to division (A) of this Rule.
The party presenting any other weapon or dangerous ordnance shall secure it on a plexi-glass display board using plastic tie wraps.
Prior to the start of any proceeding, place a mechanical trigger block or cable lock upon the firearm to preclude the use of the firearm. The bailiff shall maintain control of all keys during the hearing, trial, or other proceeding.
Place any ammunition associated with the firearm in a heat-sealed evidence bag.
Once the Court receives a firearm, weapon, or dangerous ordnance in evidence, the Court shall consign it to the custody of the bailiff for the duration of the trial. The Court shall not permit the retention of the item at counsel table or at the witness box except upon prior approval of the Court for witness testimony.
The Petitioner shall file the original and four (4) copies of the Petition and all documents filed with the Petition.
The parties shall email the proposed instructions the Judge’s Assistant or Bailiff in a readily editable format (i.e. .docx or .doc).
Filers should combine attachments and exhibits into one PDF, but may submit them in numbered parts if the file is too large to upload.
- File type
Court's wording
A Filer should include all attachments and/or exhibits to any filing in one PDF file. If the file size is too large to upload, a Filer may file the attachments and/or exhibits in multiple parts and labeled as Part 1, 2, 3, etc.
A Filer should remove metadata. The Clerk has no obligation to remove metadata. The Filer has the sole responsibility for removal of metadata. Any document metadata remaining in a document may become part of the public record.
All filings of depositions must conform to the Ohio Rules of Civil Procedure. The clerk will not accept for filing an envelope containing more than one deposition.
Document Filing Requirements86 rules
Every Original Filing shall contain a case caption. Civil case captions must comport with Rule 202.
- Document
- Original filing
Must include
- •Caption
A Filer shall sign in blue ink the original of every Original Filing filed with the Court.
An original filing must include the filer’s contact information and, for an attorney, the attorney’s registration number and firm name when applicable.
Court's wording
Every Original Filing presented to the Clerk for filling shall also include the Filer’s name, address, telephone number, and email address (if the Filer has one). An attorney shall also include the attorney’s registration number and the attorney’s firm name, if applicable.
An original filing longer than one page must contain page numbers, subject to the stated impracticability exceptions.
Court's wording
Contain page numbers if the document has more than one page. B. To the extent impracticable, the mechanical requirements of this rule shall not apply to attachments or exhibits to any filing; depositions or similar transcripts; forms approved by the Ohio Supreme Court or this Court, such as Financial Disclosure Forms; and any other Document for which the Filer cannot comply with these mechanical requirements.
An original filing must contain a Certificate of Service as detailed in Rule 111, subject to the stated impracticability exceptions.
- Document
- Original filing
Must include
- •Certificate of service
Court's wording
Contain a Certificate of Service as detailed in Rule 111. B. To the extent impracticable, the mechanical requirements of this rule shall not apply to attachments or exhibits to any filing; depositions or similar transcripts; forms approved by the Ohio Supreme Court or this Court, such as Financial Disclosure Forms; and any other Document for which the Filer cannot comply with these mechanical requirements.
An electronic signature will have the same force and effect as a manual signature. An e-filer must sign any document requiring a signature by use of at least one of the following: “/s/” and the name typed in the space where the signature would otherwise appear; or An electronic image or scanned image of the signature.
If an Original Document requires a signature of a non-attorney, the e-filer must scan the original document and then electronically file it.
An attorney licensed to practice law in the State of Ohio or an unrepresented party must sign any electronically-filed document. Civ.R. 5(E)(1), Civ.R. 11, and/or Crim.R. 12 apply to signed documents.
For each original document, the e-filer must complete an online Document Description Form with the listed case, document, transmission, and filer information; attorney e-filers must also provide their registration number and firm name if applicable.
Court's wording
For each Original Document filed, the e-filer must complete an online Document Description Form containing the following information: (a) The title of the case; (b) The case number, if previously assigned; (c) The assigned judge, if previously assigned; (d) The title of the document being filed; (e) The date of transmission; and (f) The name, address, telephone number, an email address, and fax number (if any) of the e-filer. An attorney e-filer shall include the attorney registration number and firm name, if applicable.
If a Filer relies on automated service to complete service, the Filer must specify that fact on the certificate of service.
All e-filers must also include on their documents a certificate of service signed in accordance with the Civil Rules or the Criminal Rules and these Local Rules.
- Document
- E-filed document
Must include
- •Certificate of service
A Filer shall submit with any fax filing a cover sheet that, at a minimum, identifies the sender’s name and telephone number, the case number, the party filing the document, the title of the filing, and the total pages of the filing.
The Clerk may refuse a document lacking an appropriate certificate of service, and the Court will not consider it and must strike it.
Court's wording
C. The Clerk may refuse to accept for filing any document submitted without an appropriate certificate of service, and the Court shall not consider and shall strike any document submitted without an appropriate certificate of service.
Every filing requiring service must include a written certificate of service listing each recipient, the specific service date and method for each recipient, and the serving party’s or attorney’s signature.
- Document
- Filing requiring service
Must include
- •Certificate of service
Court's wording
B. Every filing requiring service shall contain a written certificate of service that complies with the Ohio Rules and these Rules. Every certificate of service shall at least contain: 1. The name of each person receiving service 2. The specific date of service upon each identified person 3. The specific manner of service upon each identified person 4. The signature of the serving party or attorney
C. An attorney’s motion to withdraw shall state with specificity all grounds supporting that attorney’s request to withdraw and shall state all hearing and trial dates scheduled as of the time of filing the motion.
The Court disfavors withdrawal; it may permit withdrawal on a written motion showing good cause and may consider an oral motion in exceptional circumstances.
Court's wording
A. The Court disfavors withdrawal of counsel. However, upon written motion for leave to withdraw, the Court may permit counsel of record to withdraw upon a showing of good cause. In exceptional circumstances, the Court may consider an attorney’s oral motion to withdraw as counsel of record.
D. If the client of the attorney who seeks leave to withdraw consents to the withdrawal, counsel shall submit a proposed Entry approved by the client. However, the submission of such proposed Entry does not guarantee that the Court will grant the motion to withdraw.
In civil cases, an attorney of record need not file a motion to withdraw if another attorney, at the client’s request, files a Notice of Substitution.
AI-assisted material submitted to the Court must include a signed disclosure and certification at submission describing the AI technology and its role, identifying the type of AI used, and certifying final review and approval; speech-to-text and similar typing-assistance programs are excluded.
- Document
- AI assisted material
Must include
- •AI disclosure
Court's wording
Attorneys and/or parties must disclose the use of AI-assisted technology in the creation or editing of any AI-Assisted Material submitted to the Court. 2. Submission of any AI-Assisted Material requires a disclosure and certification that includes a general description of the AI technology used and its role in the preparation of the materials. The attorney or party submitting the AI-Assisted Material must make the disclosure at the time of submission through a certification signed by the attorney or party attached to the document or evidence, indicating the type of AI used and certifying the attorney’s or party’s final review and approval of the AI-Assisted Material. This Rule does not prohibit and does not apply to the use of speech to text software or similar programs that assist a person avoid or limit the physical act of typing a document.
Every person seeking appointment as a process server shall submit a motion or application for appointment along with the affidavit required by Civil Rule 4.1(D).
A party may seek the appointment of more than one person in a single application. However, the request for appointment must include the affidavit required by Civ.R. 4.1(D) signed by each individual for whom the application seeks appointment.
Pursuant to Civil Rule 5, every Complaint presented to the Court shall contain a caption that includes the name and address of each party.
- Document
- Complaint
Must include
- •Caption
Any subsequent document presented to the Court in a civil case shall include a caption that, at a minimum, states the case number and the name of the first party Plaintiff and the name of the first party Defendant.
- Document
- Subsequent civil document
Must include
- •Caption
- •Case number
For service by the Clerk of any pleading of than a Complaint, the party requesting service shall file Instructions for Service with the clerk.
Factual citations in any motion, response, reply, or other brief shall include specific pinpoint citation to the supporting material (affidavit, deposition, transcript, etc.).
A party’s motion shall contain the specific relief sought along with relevant argument and citation to any statutes, rules, case law, or other authority supporting the party’s motion.
A party must affirmatively request an oral hearing on the first page of any motion or response by denoting “Oral Hearing Requested” next to or below the title of the motion or response.
A response must explain its grounds and include supporting argument and citations to relevant authority.
Court's wording
A party’s response to a motion shall detail the grounds in opposition or response to the relief requested along with relevant argument and citation to any statutes, rules, case law, or other authority supporting the party’s response.
The Plaintiff shall supply the Clerk with sufficient copies of a Complaint to serve each Defendant.
If a Filing adds a new party, the caption for that Filing shall also include the name and address of each newly added party.
- Document
- Filing adding new party
Must include
- •Caption
C. For a motion for default seeking a monetary award, the moving party shall provide detailed evidentiary support for the amount requested.
A. A party shall seek judgment by default pursuant to Civil Rule 55 by filing a written motion.
B. Every motion for default shall specify the date and specific manner of service upon each party against whom the motion seeks default. The Court may deny a Motion for Default that fails specifically to identify the details of service as required herein or otherwise comply with these Rules.
A default motion will generally include an affidavit stating, to the affiant’s knowledge, that the party is not a minor, incompetent, or actively serving in the military; default judgment may not be entered against a minor or incompetent person unless an appeared guardian or other representative represents them.
Court's wording
E. In accordance with Civil Rule 55, the Court shall not enter judgment by default against a minor or an incompetent person unless represented in the action by a guardian or other such representative who has appeared therein. The Court will generally not grant default judgment against any party unless the motion contains an affidavit that states, to the best of affiant’s knowledge, the party against whom the moving party seeks judgment by default is not a minor, not incompetent, or not actively serving in the military.
F. If a party moves to modify the Case Schedule, that party must prepare and present to the Court a proposed “Amended Case Schedule,” which the moving party must promptly submit to the Court and serve on all other parties
When the parties settle a case assigned for trial, counsel for the parties seeking affirmative relief shall immediately notify the Court and shall submit any Judgment Entry or other documentation required to close the case prior to the scheduled trial date.
Interest shall be computed to the day of the rendition of the judgment and included in the amount of the judgment.
Refiling: If a party refiles a previously dismissed case, the refiled complaint shall contain the following designation: “REFILED CASE.”
- Document
- Refiled complaint
Must include
- •“REFILED CASE.”
A party must file a motion to consolidate in each case the movant seeks to consolidate.
No judgment on a cognovit note shall be allowed unless there is submitted with the Complaint, Answer, and Entry the original note upon which such action is founded.
On all complaints for cognovit judgment, a true copy of the original note with all its endorsements shall be attached and marked as an exhibit.
If an attorney receiving a proposed entry fails to respond to the preparing attorney within ten (10) days, the preparing attorney shall submit the proposed Judgment Entry to the Court with a notation of the date submitted to the non-responding attorney.
If the trial judge requests it, prevailing counsel must submit a proposed Judgment Entry circulated to all counsel.
Court's wording
If requested by the trial judge, counsel for the party in whose favor the Court issues a decision, order, decree, or judgment shall submit to the trial judge a proposed Judgment Entry that the preparing party has circulated to all counsel.
If an opposing attorney or party notified the preparing attorney of disagreement either verbally or in writing, the preparing attorney shall not submit proposed Judgment Entry without clear notification.
If counsel cannot agree on the proposed entry, the preparing attorney shall submit the proposed entry to the trial judge for review with appropriate notation(s) about any disagreements.
When plaintiff’s counsel uses the telephone notification option for a pretrial settlement, counsel must file written notice of the settlement with the Court.
Court's wording
As soon as the parties have reached a settlement agreement prior to the trial date, Plaintiff’s counsel shall either (1) immediately notify the Court by email or (2) immediately notifying the Court by telephone and filing a written notice of the settlement with the Court.
A party must file a Notice of any dismissal or partial dismissal. The notice must indicate which parties have settled, which parties (if any) remain, and which claims (if any) remain pending.
Plaintiff or Plaintiff’s counsel shall promptly have an entry of satisfaction of judgment made upon the docket and in no event later than thirty (30) days after final payment or upon written demand after final payment.
An inmate seeking an advance cost deposit waiver must submit the required form and an institutional certificate stating available funds on deposit.
Court's wording
C. If an inmate of a state penal institution seeks a waiver of the requirement to make an advance deposit for costs, that inmate, in addition to the requisite form, shall submit a Certificate of the Superintendent or other appropriate officer of the institution that sets forth the amount of funds, if any, that the inmate may have on deposit with the institution available to the inmate to secure costs.
A request to waive an advance cost deposit must include the form required by the cited statutes.
Court's wording
A. For any party that seeks a waiver of the requirement to make an advance deposit for costs in a civil action or proceeding, that party shall follow the procedure detailed in R.C. 2323.31 and R.C. 2323.311 and shall submit the form required by these statutes.
B. All final entries shall state exactly each party’s responsibility for payment of costs.
Receipts for all money paid out by a receiver must be filed with the receiver’s report.
Court's wording
F. Any person removed as receiver for failure to comply with these rules shall be ineligible for subsequent appointments. Receipts for all monies paid out by receivers must be filed with the report.
A receiver-appointment notice must be written and state when the application will be made.
Court's wording
A. A written notice of not less than two (2) days shall be given to the opposite party of all applications for appointment of a receiver, unless the Court, upon good cause stated in the pleading or affidavit filed therewith, dispenses with same. Such notice shall state the time when application will be made.
G. Fees of receivers and their attorneys shall be allowed only upon application filed in the cause with an affidavit setting forth in detail the services rendered in the case.
Filing & Service rules
Electronic Filing Rules
The Court will strike any document transmitted without authority.
Pursuant to Civ.R. 5(E)(1) and Crim.R. 12(B)(2), the Court will strike any documents transmitted without authority.
Page 10 | Rule 107: Electronic Filing; D. Electronic Signatures
An e-filer must provide a designated email address to the EFM.
An e-filer must provide a designated email address to the EFM.
Page 10 | Rule 107: Electronic Filing; B. Electronic Filing Policy
A person must register with the EFM before e-filing.
A person must first register with the EFM in order to e-file.
Page 10 | Rule 107: Electronic Filing; B. Electronic Filing Policy
If a problem on the e-filer's end prevents electronic filing, the document must be filed with the Clerk in person, by mail, or by fax.
An e-filer who cannot file a document electronically due to problems on the e- filer’s end must file the document with the Clerk via in person filing; mail filing; or fax filing.
Page 12 | I. Technical Failures
Fax filings must be sent to the Court’s fax filing number, 740-223-4279.
The Court shall use the following number to accept fax filings: 740-223-4279
Page 14 | RULE 108: FACSIMILE FILING ("FAX FILINGS")
Court-appointed attorneys must submit fee applications through CABS.
All court-appointed attorneys shall submit fee applications through the Court-Appointed Billing System (“CABS”).
Page 45
The Court permits fax filing of documents except original Complaints and pleadings asserting new or additional claims for damages.
The Court permits the filing by facsimile of any document except for an original Complaint or a pleading asserting new or additional claims for damages.
Page 14 | RULE 108: FACSIMILE FILING ("FAX FILINGS")
The Court may strike a document faxed without authority.
H. If the Court determines that transmission of a document occurred via fax without authority, the Court may strike the filing.
Page 15 | RULE 109: USE OF INITIALS FOR VICTIMS
A Judge or Magistrate may require a filer to email the proposed entry in an editable format.
C. A Judge or Magistrate may require a Filer to submit via email the proposed entry in an editable format.
Page 16 | RULE 113: A PROPOSED ENTRY SHOULD ACCOMPANY ANY MOTION
Any filer may submit any document in person, electronically, by facsimile, or by mail or delivery service.
Any Filer may file any Document with the Court by any of the following methods: 1. In person filing: by presenting the document in the office of the Clerk during regular business hours. 2. E-filing: by submitting the document via the Court’s electronic filing system pursuant to Rule 107. 3. Facsimile filing: by submitting the document via facsimile pursuant to Rule 108. 4. By mail or delivery service: by mailing or sending the document to the Marion County Clerk of Courts, 100 North Main Street, Marion, Ohio 43302.
Page 7 | RULE 103: FILING OF DOCUMENTS
An e-filer may electronically file pleadings and other papers with the Clerk, subject to Rule 107.
In conformity with the Ohio Revised Code, Civ.R. 5(E), and Crim.R. 12(B), an e- filer may file pleadings and other papers with the Clerk electronically, subject to the provisions in this Rule.
Page 9 | Rule 107: Electronic Filing; B. Electronic Filing Policy
A fax filing is accepted as the original filing.
G. The Court accepts a fax filing as the original filing of the document.
Page 15 | RULE 109: USE OF INITIALS FOR VICTIMS
Fax and electronic filing are available and encouraged.
Fax and Electronic filing is available and encouraged.
Page 1 | Common Pleas Court - General Division
Filing Timing and Cure Windows
The filing date is the date the Clerk time-stamps the filed document.
Date of filing means the date time-stamped by the Clerk on a filed document.
Page 5 | RULE 100: DEFINITIONS
Documents sent by facsimile, e-filing, mail, or another delivery service are not filed until the Clerk receives and time-stamps them.
A document sent by facsimile, e-filing, mail, or other delivery service shall not be considered filed until such time as the Clerk actually receives and time-stamps the document.
Page 7 | RULE 103: FILING OF DOCUMENTS
The court's Eastern Time zone governs the filing time, regardless of the e-filer's time zone.
Time at the court (Eastern Time zone) governs the filing time, rather than the time zone from which the e-filer makes the submission for e-filing.
Page 11 | E. Hours of Operation
A document cannot be altered after it receives an electronic timestamp.
After a document receives an electronic time-stamp, the document cannot be altered.
Page 12 | J. Electronic Time-stamp
Upon acceptance, a document receives a timestamp showing when the Clerk originally received it, and the Court considers the document filed at that timestamp.
Upon acceptance by the Clerk, a document will receive an electronic time-stamp. This time-stamp will include the date and time when the clerk originally received the transmission. The Court considers an e-filed document filed on the date and time in the time-stamp.
Page 12 | J. Electronic Time-stamp
A party receiving the electronic filing notification does not receive the additional response time provided by Civ.R. 6(D) or Crim.R. 45(E).
Parties who receive the Notification of Electronic Filing shall not receive additional time to respond provided by Civ.R. 6(D) or Crim.R. 45(E).
Page 13 | L. Service Date and Time to Respond
For fax filings received after 4:30 p.m., the Clerk will time-stamp them when received, and no later than the end of business of the following court day.
For any fax filing received after 4:30 p.m., the Clerk will time-stamp the filing when actually received but no later than the end of business of following court day.
Page 14 | RULE 108: FACSIMILE FILING ("FAX FILINGS")
The Court will not consider or grant a motion to withdraw submitted less than 14 days before trial, except in extremely rare and extraordinary circumstances when the interests of justice require it.
G. Except in extremely rare and extraordinary circumstances in which the interest of justice requires it, the Court shall not consider or grant a motion to withdraw submitted less than fourteen (14) days before a scheduled trial.
Page 18 | RULE 116: WITHDRAWAL OF COUNSEL
The appellee must file a brief within 10 days after service of the appellant’s brief.
the Appellee shall file a brief within ten (10) days after service of the Appellant’s brief,
Page 24 | RULE 130: ADMINISTRATIVE APPEALS FILED IN THIS COURT
When an agency demand or request is a prerequisite to preparing or filing the record transcript, the appellant must file it with the agency when filing the notice of appeal, unless law or Ohio Rules provide otherwise.
In all cases in which an Appellant must make a demand or request to the agency as a prerequisite to the preparation or filing of the transcript of the record by the agency, the Appellant shall file such demand or request with the agency at the time of filing the notice of appeal, unless otherwise provided by law or any Ohio Rules.
Page 24 | RULE 130: ADMINISTRATIVE APPEALS FILED IN THIS COURT
A party must file each covered document within the time set by statute or Ohio Rule.
Where a statute or Ohio Rule fixes the time for filing any appeal, bill of exceptions, assignment of error, transcript, and/or brief, a party shall file such document within such time as required by statute or Ohio Rule.
Page 24 | RULE 130: ADMINISTRATIVE APPEALS FILED IN THIS COURT
The appellant must file a brief within 20 days after the transcript of the record is filed.
the Appellant shall file a brief within twenty (20) days after the filing of the transcript of the record;
Page 24 | RULE 130: ADMINISTRATIVE APPEALS FILED IN THIS COURT
A request for an extension does not extend a deadline that the Court is legally prohibited from extending.
However, if the law does not permit this Court to extend a certain date, the filing of a request for extension shall not extend any deadline.
Page 24 | RULE 130: ADMINISTRATIVE APPEALS FILED IN THIS COURT
The person responsible for a document must ensure its timely filing or obtain a legally permitted extension.
The person responsible for filing a particular document bears the sole responsibility for ensuring timely filing of any document or securing an extension of that deadline from the Court as permitted by law.
Page 24 | RULE 130: ADMINISTRATIVE APPEALS FILED IN THIS COURT
The Court may dismiss an appeal or otherwise dispose of it if the appellant fails to timely file any listed document or demand.
The Court may dismiss any appeal for want of prosecution or may make other appropriate disposition if the Appellant fails to file any appeal, bill of exceptions, assignment of error, brief, or demand for a transcript of the record within the time required or as extended by order of the Court or as required by statute or Ohio Rule.
Page 24 | RULE 130: ADMINISTRATIVE APPEALS FILED IN THIS COURT
Case-closing documents must be submitted before the scheduled trial date when the parties settle a trial-assigned case.
When the parties settle a case assigned for trial, counsel for the parties seeking affirmative relief shall immediately notify the Court and shall submit any Judgment Entry or other documentation required to close the case prior to the scheduled trial date.
Page 35 | RULE 209: ASSIGNMENT OF CIVIL CASES FOR TRIAL
The jury deposit is due within ten days after the party makes the jury-trial request.
If a party seeks a jury trial in a civil case, the party must submit a $500 jury deposit to the Clerk within ten (10) days of making the request.
Page 35 | RULE 209: ASSIGNMENT OF CIVIL CASES FOR TRIAL
An attorney receiving a proposed Judgment Entry shall have ten (10) days from receipt of the proposed entry to review the proposed entry and approve the entry or suggest modifications.
An attorney receiving a proposed Judgment Entry shall have ten (10) days from receipt of the proposed entry to review the proposed entry and approve the entry or suggest modifications.
Page 37 | RULE 214: ENTRIES
The plaintiff or plaintiff’s counsel must promptly docket an entry of satisfaction, no later than thirty days after final payment or upon written demand after final payment.
Plaintiff or Plaintiff’s counsel shall promptly have an entry of satisfaction of judgment made upon the docket and in no event later than thirty (30) days after final payment or upon written demand after final payment.
Page 38 | RULE 216: SATISFACTION OF JUDGMENTS
Receivers must file quarterly reports, with the first due within three months of appointment; a report not filed within 30 days after its due date may grounds removal without notice or compensation.
E. Receivers shall make quarterly reports. The first report shall be filed within three (3) months after date of appointment, and subsequent reports shall be filed quarterly thereafter. Failure to file any report within thirty (30) days after due shall be grounds for removal without notice and without compensation.
Page 40 | Rule 222
A receiver’s inventory is due within 30 days after appointment, subject to an extension by the Court.
D. All receivers must file an inventory of the property coming into their hands as such receivers within thirty (30) days after appointment unless the time is extended by the Court.
Page 40 | Rule 222
The party seeking a judicial sale of real estate must submit the preliminary judicial report within 14 days after filing the pleading requesting relief.
In every action demanding the judicial sale of real estate, the party seeking that judicial sale shall, within fourteen (14) days of filing the pleading requesting relief, submit a preliminary judicial report on a form approved by the Department of Insurance.
Page 41 | RULE 225: EVIDENCE OF TITLE IN JUDICIAL SALES OF REAL ESTATE
The final judicial report must be filed with the Clerk before the order or judgment entry ordering sale of residential real estate is submitted to the court.
Prior to submitting any order or judgment entry to a court that would order the sale of the residential real estate, the party submitting the order or judgment entry shall file with the Clerk a final judicial report
Page 41 | RULE 225: EVIDENCE OF TITLE IN JUDICIAL SALES OF REAL ESTATE
The preliminary judicial report must be effective within 30 days before the complaint or other pleading requesting a judicial sale is filed.
The preliminary judicial report shall be effective within thirty days prior to the filing of the complaint or other pleading requesting a judicial sale
Page 41 | RULE 225: EVIDENCE OF TITLE IN JUDICIAL SALES OF REAL ESTATE
The trial attorney must provide the required notice immediately upon being retained or appointed.
The attorney who is to try the case, upon being retained or appointed, shall immediately notify the Court that he or she is the trial attorney by filing a written notice of appearance with the Clerk of the Court and/or by signature and filing of any pleading in the case.
Page 44 | RULES UNIQUE TO CRIMINAL CASES — RULE 303: NOTICE OF APPEARANCE AS COUNSEL
Court-appointed attorneys must meet the Ohio Public Defender’s Office deadlines for fee applications, generally no later than 30 days after final disposition; late applications will not be paid.
All court-appointed attorneys must submit any fee application within the time requirements set by the Ohio Public Defender’s Office—generally no later than thirty (30) days from the case’s final disposition. The Court/County shall not pay any attorney fee application submitted past the set deadlines.
Page 45
Attorneys on a Judge’s court-appointed attorney list must renew their requests by January 15 each year.
By January 15 of each calendar year, attorneys on a Judge’s court-appointed attorney list must renew their requests to remain on the Judge’s court-appointed attorney list.
Page 45
Unless the Court orders otherwise, parties must provide proposed jury instructions at least 72 hours before trial starts.
Unless otherwise ordered by the Court, the parties shall provide proposed jury instructions at least seventy-two (72) hours prior to the start of trial.
Page 47 | RULE 310: PROPOSED JURY INSTRUCTIONS IN CRIMINAL CASES
A filer using any method other than in-person filing bears the risk of filing delays and other filing issues.
A person submitting a document for filing by any method other than in person filing shall entirely bear the risk of potential delay in filing or other filing issues.
Page 7 | RULE 103: FILING OF DOCUMENTS
In-person filings must be presented at the Clerk’s office during regular business hours.
In person filing: by presenting the document in the office of the Clerk during regular business hours.
Page 7 | RULE 103: FILING OF DOCUMENTS
Parties who e-file outside normal business hours assume the risk of technical failures that prevent filing.
Parties e-filing after normal business hours (8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays) assume the risk of technical failures that prevent the e-filing of their document.
Page 11 | E. Hours of Operation
If the Clerk rejects a document, the e-filer receives an email stating the rejection and its reason.
If for any reason the Clerk does not accept the document for filing, the e-filer will receive an email notifying the e-flier of the rejection and the reason for rejection.
Page 12 | H. Filing Acceptance or Rejection Cycle
The Clerk may deem the site to have a technical failure if it cannot accept filings continuously or accepts them intermittently for more than an hour after 10:00 a.m.; known outages will be posted on the Clerk's website if possible.
The Clerk may deem the e-filing site to be subject to a technical failure on a given day if the site cannot accept filings continuously or only accepts filings intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day. The Clerk will post known system outages on the Clerk’s website, if possible.
Page 12 | I. Technical Failures
A filer who elects electronic filing bears sole responsibility for delays, disruptions, signal interruptions, readability, and the risk that the document is not properly filed.
Any Filer who elects to file any document electronically solely bears the responsibility for any delay, disruption, interruption of electronic signals, and readability of the document and accepts the full risk that the document may not get properly filed with the Clerk as a result.
Page 12 | I. Technical Failures
Service and Proof of Service Rules
For criminal filings, the filer must provide copies for the prosecutor, probation department, and assigned judge; the clerk serves them if enough copies are provided, otherwise the filer must ensure service on the filing day and remains ultimately responsible.
In a criminal case, the Filer must submit (1) the original for the official record; (2) a copy for the Prosecutor’s Office; (3) a copy for the Marion County Adult Probation Department; and (4) a copy for the assigned Judge. Provided the Filer provides sufficient copies, the clerk will serve each of these parties. If the Filer fails to present sufficient copies, the Filer must ensure service upon the Prosecutor’s Office, Probation Department, and Assigned Judge occurs on the day of filing. The Filer has the ultimate responsibility to ensure service occurs.
Page 8 | RULE 106: NUMBER OF COPIES & RETURN OF TIME-STAMPED COPIES
In civil cases, the Clerk does not serve documents on parties except judicial orders, and the filer is solely responsible for proper service.
In a civil case, the Filer must submit (1) the original for the official record and (2) a copy for the assigned Judge. The clerk of court will not serve any document in a civil case other than a judicial order upon parties, and the Filer has the sole responsibility to ensure proper service occurs.
Page 8 | RULE 106: NUMBER OF COPIES & RETURN OF TIME-STAMPED COPIES
Attorneys must regularly check their email and update their email address with the court if it changes.
Attorneys are responsible for regularly checking their email and updating their email address with the court if it changes.
Page 13 | K. Service of Documents
Filers must provide proof of service for all documents requiring service in compliance with the Ohio Rules and Local Rules.
For all documents requiring service, a Filer must provide proof of service in compliance with the Ohio Rules and Local Rules.
Page 13 | K. Service of Documents
A Filer relying on automated service must review the electronic filing notice to confirm the system served the intended party.
However, a Filer must review the Notice of Electronic Filing generated by the e-filing system to confirm that the system actually served the e-filed document upon the party the Filer intended to serve via automated service.
Page 13 | K. Service of Documents
Filers must serve e-filed documents in accordance with the Ohio Rules and these Rules.
A Filer must serve any e-filed documents in accordance with the Ohio Rules, including Civ.R. 5 and Crim.R. 49, and these Rules.
Page 13 | K. Service of Documents
For a party receiving the electronic filing notification, service is complete when the Clerk’s system generates it.
If a party receives the Notification of Electronic Filing, service is complete at the time the Clerk’s e-filing system generated the Notification of Electronic Filing.
Page 13 | L. Service Date and Time to Respond
E-filers must directly serve parties or attorneys who are not registered users because they will not receive an electronic filing notice.
Anyone who is not a registered user of the Clerk’s e-filing system will not receive a Notice of Electronic Filing. As a result, any e-filer must serve these parties or attorneys directly via an appropriate means.
Page 13 | K. Service of Documents
Filers must serve every Original Filing and other document requiring service on opposing counsel or an unrepresented party as permitted by the Ohio Rules and these Rules, except for the specified default-judgment motions.
A. With the exception of motions for default judgment in cases in which the opposing party has failed to answer or otherwise appear in the action, a Filer shall serve upon every opposing counsel or unrepresented party every Original Filing or other document requiring service in a manner permitted by the Ohio Rules and these Rules.
Page 16 | RULE 111: CERTIFICATE OF SERVICE
Service on attorneys may be made through their courthouse attorney mailboxes and is complete upon placement; counsel must regularly check those mailboxes.
D. The Court authorizes service upon attorneys by the Court’s attorney mailboxes in the Common Pleas Courthouse. Service shall be deemed complete upon placement in the attorney’s Court mailbox. Counsel shall regularly check their mailboxes.
Page 16 | RULE 111: CERTIFICATE OF SERVICE
The Clerk must serve all parties with judicial filings and record the service method, except that an entry solely ordering the transportation of a person in custody need not be served on all parties.
The Clerk shall serve all parties with any judicial filings in a Case and shall make a record of the method of service to the parties. The clerk need not serve upon all parties any Court entry solely ordering the transportation of those in custody from a jail or prison.
Page 16 | RULE 112: SERVICE BY THE CLERK OF JUDICIAL FILINGS
The attorney must file a motion to withdraw with the Clerk and serve a copy on all parties and the client.
The attorney shall file the motion with the Clerk and serve a copy upon all parties as well as upon the client.
Page 17 | RULE 116: WITHDRAWAL OF COUNSEL
A person intending to offer a firearm, weapon, or dangerous ordnance must give written notice to the Court and opposing counsel at least 72 hours before the proceeding.
Any person intending to offer any firearm, weapon, or dangerous ordnance as an exhibit for any purpose in any hearing, trial, or other proceeding in this Court shall notify the Court and opposing counsel in writing at least 72 hours prior to the commencement of the hearing, trial, or other proceeding.
Page 26 | RULE 134: FIREARMS, WEAPONS, OR DANGEROUS ORDNANCE AS EXHIBIT IN COURTROOM
The Clerk must serve each defendant’s complaint by certified mail at the address in the complaint unless the plaintiff requests another method in an Instruction for Service.
Pursuant to Civil Rule 4(A), the Clerk shall serve a Complaint by certified mail upon each Defendant at the address listed in the Complaint for that Defendant unless a Plaintiff files an Instruction for Service requesting a different method for service.
Page 30 | RULE 203: SERVICE AND INSTRUCTIONS FOR SERVICE
All service requests must comply with the Ohio Rules and the Local Rules.
All requests for service shall comply with all Ohio Rules and the Local Rules.
Page 30 | RULE 203: SERVICE AND INSTRUCTIONS FOR SERVICE
If a motion or response relies on facts outside the record, the filing party must serve and file copies of all appropriate supporting evidence.
H. If any motion or response to a motion requires consideration of facts not appearing in the record, the party filing the motion or opposition shall serve and file copies of all appropriate factual support (such as affidavits, depositions, transcripts, photographs, or documentary evidence) submitted in support of or in opposition to the motion.
Page 31 | H
A party seeking default must serve any party that has appeared in the action as Civil Rule 55 requires; an appearance includes an overt act showing an intent to defend or otherwise participate.
D. For any party that has appeared in the action, the party moving for default shall serve that party as required by Civil Rule 55. A party has “appeared in the action” as Civil Rule 55(A) uses that term when the party has done some overt action expressing an intention and purpose to defend the suit or otherwise participate.
Page 32 | RULE 206(D)
The moving party must promptly serve the proposed Amended Case Schedule on all other parties.
F. If a party moves to modify the Case Schedule, that party must prepare and present to the Court a proposed “Amended Case Schedule,” which the moving party must promptly submit to the Court and serve on all other parties
Page 33
The Court must send written notice of the trial date and time to all unrepresented parties and attorneys of record.
The Court shall send written notice of the date and time of the trial date to all unrepresented parties and to all attorneys of record.
Page 35 | RULE 209: ASSIGNMENT OF CIVIL CASES FOR TRIAL
A filing party must monitor service and promptly act to address any service issue.
A filing party has a duty to monitor service and take prompt action to address the issue.
Page 38 | RULE 218: DILIGENT PROSECUTION AND CASE FLOW
The opposite party must receive written notice at least two days before an application to appoint a receiver, stating when the application will be made, unless the Court dispenses with notice for good cause stated in a filed pleading or affidavit.
A. A written notice of not less than two (2) days shall be given to the opposite party of all applications for appointment of a receiver, unless the Court, upon good cause stated in the pleading or affidavit filed therewith, dispenses with same. Such notice shall state the time when application will be made.
Page 40 | Rule 222
The Clerk must serve all notices and court orders on victims or representatives who have requested notice under R.C. Chapter 2930.
The Clerk shall serve the victims or their representatives who have requested notices under R.C. Chapter 2930 with all notices and court orders.
Page 46 | RULE 306: VICTIMS OF CRIME
When requested, the Prosecuting Attorney must ensure the alleged victim receives notice of public proceedings concerning the alleged offense and an opportunity to appear, to the extent required by law.
The Prosecuting Attorney, to the extent required by Article I, Section 10a of the Ohio Constitution or by the Revised Code, shall ensure that the alleged victim, if requested, receives notice of all public proceedings involving the alleged criminal offense against the victim and of the opportunity to appear at all such proceedings.
Page 46 | RULE 306: VICTIMS OF CRIME
In capital cases, the Clerk must serve the assigned Judge’s and Administrative Judge’s chambers with the indictment and Supreme Court notice by the end of the business day on the day they are filed.
The Clerk shall serve the chambers of the assigned Judge and the chambers of the Administrative Judge with a copy of the indictment and the notice to the Supreme Court under R.C. 2929.021 no later than the end of the business day on the day of their filing.
Page 47 | RULE 311: CAPITAL CASES
In capital cases, the Prosecutor must serve the assigned Judge’s and Administrative Judge’s chambers within two hours of filing or by the end of the filing business day, whichever is sooner.
The Prosecutor shall serve the chambers of the assigned Judge and the chambers of the Administrative Judge with a copy of the indictment and the notice to the Supreme Court under R.C. 2929.021 within two (2) hours of their filing or the end of the business day of filing, whichever occurs sooner.
Page 48 | RULE 311: CAPITAL CASES
Registering as an e-filer constitutes consent to electronic service of documents filed by other registered e-filers and court orders.
Registration as an e-filer constitutes consent to accept electronic service of any documents filed by other registered e-filers as well as any orders issued by the court.
Page 9 | Rule 107: Electronic Filing; A. Definitions
Where permitted, service by the e-filing system is the only form of service.
Where permitted, service by the e-filing system will be the only form of service.
Page 13 | K. Service of Documents
Parties should serve documents electronically when possible.
Parties should serve documents electronically when possible.
Page 13 | K. Service of Documents
A party who issues a subpoena must timely notify the witness if the witness is released from the subpoena, including when trial or a hearing does not proceed.
B. Any party who issues a subpoena shall timely notify any witness of any release from that subpoena, such as when the trial or hearing does not proceed.
Page 18 | RULE 119: SUBPOENAS AND MANAGEMENT OF WITNESSES
The Clerk may serve subpoenas only in compliance with the applicable Ohio Rules, including Criminal Rule 17 or Civil Rule 45.
D. The Clerk may only serve subpoenas in compliance with the Ohio Rules, including Criminal Rule 17 or Civil Rule 45.
Page 19
The Clerk must provide the Ohio Department of Rehabilitation and Corrections with a certified copy of the judgment entry.
The Clerk shall provide a certified copy of the judgment entry in such matters to the Ohio Department of Rehabilitation and Corrections.
Page 28 | RULE 137: CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
The Clerk must provide unredacted copies of the Petition and associated documents to the Court, Prosecutor, and Probation Department.
The Clerk shall provide unredacted copies of the Petition and associated documents to the Court, Prosecutor, and Probation Department.
Page 28 | RULE 137: CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
The Court may dismiss a case for lack of prosecution absent a showing of good cause.
Absent a showing of a good cause, the Court may dismiss such case for lack of prosecution.
Page 38 | RULE 218: DILIGENT PROSECUTION AND CASE FLOW
G. Fees of receivers and their attorneys shall be allowed only upon application filed in the cause with an affidavit setting forth in detail the services rendered in the case. Written notice of the time and place of the hearing of said application may be required by the court to be served upon all counsel, parties known, and creditors, a reasonable time before hearing unless all counsel and parties agree. The court may direct that notice be given by publication or in such other manner as it deems proper.
G. Fees of receivers and their attorneys shall be allowed only upon application filed in the cause with an affidavit setting forth in detail the services rendered in the case. Written notice of the time and place of the hearing of said application may be required by the court to be served upon all counsel, parties known, and creditors, a reasonable time before hearing unless all counsel and parties agree. The court may direct that notice be given by publication or in such other manner as it deems proper.
Page 40 | Rule 222
Filing Fees and Waivers
The clerk assesses normal filing fees and collects fees and case deposits through an Accepted Financial Transaction Device when processing the filing.
The clerk will assess normal filing fees. The Clerk will collect all fees and case deposits via an Accepted Financial Transaction Device at the time the Clerk processes the filing.
Page 11 | G. Fees
The Clerk must charge an additional $6 fee when each covered cause of action or appeal is filed.
The Clerk shall charge one additional fee, in the amount of $6, on the filing of each cause of action or appeal under divisions (A), (Q), and (U) of R.C. 2303.20.
Page 25 | RULE 132: COMPUTERIZED LEGAL RESEARCH
The Clerk must charge an additional $20 fee for each filing or docketing event listed in the rule.
Pursuant to the authority of R.C. 2303.201(B)(1), the Court determines that, for the efficient operation of the Court, the Clerk requires additional funds to make technological advances in or to computerize the office of the Clerk and, upon that determination, authorizes and directs the Clerk to charge an additional fee of $20.00 on the filing of each cause of action or appeal, on the filing, docketing, and endorsing of each certificate of judgment, or on the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment under divisions (A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code.
Page 25 | RULE 132: COMPUTERIZED LEGAL RESEARCH
The Clerk must assess an additional $100 fee when each covered criminal cause, civil action or proceeding, or judgment by confession is filed.
Pursuant to R.C. 2303.201(E)(1), the Court has determined that the efficient operation of the Court necessitates additional funds to acquire and pay for special projects of the Court. In addition to all other court costs, the Clerk shall assess a fee of one hundred dollars ($100.00) on the filing of each criminal cause, civil action or proceeding, or judgment by confession.
Page 26 | RULE 133: SPECIAL PROJECTS FEE
An applicant must submit a $100 filing fee with the CQE Petition, as of the rule’s effective date.
An applicant shall submit with the CQE Petition the required filing fee pursuant to R.C. 2935.25. As of the effective date of this Rule, that fee equals a total of $100.00.
Page 27 | RULE 137: CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
A party seeking a civil jury trial must pay a $500 deposit within ten days of the request; the deposit is retained if the case settles after jury assembly, and failure to pay waives the jury right.
If a party seeks a jury trial in a civil case, the party must submit a $500 jury deposit to the Clerk within ten (10) days of making the request. If the parties resolve the case after the assembly of the jury, the Court shall retain the jury deposit. The Court shall deem waived the right to trial by jury by any party who fails to make the jury deposit within 10 days of making the request.
Page 35 | RULE 209: ASSIGNMENT OF CIVIL CASES FOR TRIAL
Unless law provides otherwise, a party filing a civil action or proceeding must first deposit the required costs shown in the Court-approved schedule published by the Clerk.
Except as otherwise provided by law, the Clerk shall not accept for filing any civil action or civil proceeding unless the filing party first deposits the requisite sum to secure the payment of the costs that may accrue in each action or proceeding. B. The schedule of costs approved by the Court and published by the Clerk shall set forth the required cost deposits for particular types of actions or proceedings.
Page 38 | RULE 219: SECURITY FOR COSTS
A party requesting service by publication must pay the newspaper directly for the legal notice, but may have the amount taxed as costs.
G. In cases where a party requires service by publication, the requesting party shall make payment for the legal notice directly to the newspaper but may have such amount taxed as costs.
Page 39 | Rule 219
A party seeking waiver of an advance cost deposit in a civil action or proceeding must follow the cited statutory procedure and submit the statutorily required form.
A. For any party that seeks a waiver of the requirement to make an advance deposit for costs in a civil action or proceeding, that party shall follow the procedure detailed in R.C. 2323.31 and R.C. 2323.311 and shall submit the form required by these statutes.
Page 39 | Rule 220
After final judgment, the Clerk applies security deposits to case costs, sends a cost statement to the party assessed costs, and reimburses the depositor upon that party’s payment.
A. Upon final judgment, the Clerk shall apply any and all security deposits to the costs in the case, regardless of the party against whom the Court assessed costs. The Clerk shall then deliver a statement of costs to the party against whom the Court assessed costs. Upon payment by the responsible party, the Clerk shall reimburse the depositor.
Page 39 | Rule 221
If costs in an active case exceed the deposit, the Clerk must require another deposit equal to the original deposit.
F. When the Clerk has determined that costs in an active case have exceeded the deposit, the Clerk shall require an additional deposit of the same amount as when the case was originally filed.
Page 39 | Rule 219
An applicant for appointment of a receiver must deposit $100 with the Clerk as security for costs before the receiver is appointed.
C. Before a receiver will be appointed, the person making application for the receivership shall make a deposit with the Clerk in the amount of $100.00 as security for costs.
Page 40 | Rule 222
Appraisers in Sheriff’s sales must be paid $150 per appraiser for residential property.
Appraisers in Sherriff’s sales shall be paid at a rate of $150.00 per appraiser for residential property
Page 40 | Rule 223
Appraisers in Sheriff’s sales must be paid $300 per appraiser for commercial property.
and $300.00 per appraiser for commercial property.
Page 40 | Rule 223
The deposition officer must collect deposition fees and may retain or decline to file the deposition until paid in full.
The officer taking a deposition shall collect the fees for depositions. The officer may retain the deposition and may refuse to file said deposition with the Clerk until the officer receives full payment of fees.
Page 41 | RULE 224: FEES FOR DEPOSITIONS
The Court assesses a $25 application fee to the Defendant unless the Court waives it.
The Court shall assess a $25.00 application fee to the Defendant unless waived by the Court.
Page 44 | RULES UNIQUE TO CRIMINAL CASES — RULE 304: COURT-APPOINTED COUNSEL
A full release of a judgment lien has a $5 fee plus any outstanding costs.
Full Release of Judgment Lien $5.00 (plus any outstanding costs)
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Certificates of Judgment
A garnishment has a $180 fee.
Garnishments $180.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Executions
An application for a standing process server has a $300 fee.
Application for Standing Process Server $300.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Miscellaneous
A foreclosure order of sale by real auction has a $500 fee.
Foreclosure Order of Sale by Real Auction $500.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Civil
A certificate of qualification for employment has a $100 fee.
Certificate of Qualification for Employment (orc 2953.25) $100.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Miscellaneous
Mediation requested on a foreclosure has a $200 fee.
Mediation Requested on Foreclosures $200.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Civil
A certificate of judgment issued to another jurisdiction has a $40 fee.
Certificate of Judgment $40.00 (issued to another jurisdiction)
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Certificates of Judgment
An original action, including mandamus or habeas corpus, has a $150 fee.
Original Actions (Mandamus, Habeas Corpus, etc.) $150.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Court of Appeals
A post-decree motion has a $150 filing fee.
Post-Decree Motion $150.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Civil
A Court of Claims action has a $25 fee.
Court of Claims Action (orc 2743.75(D)(1) $25.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Miscellaneous
A certificate of judgment issued from or recorded in Marion County has a $36 fee.
Certificate of Judgment $36.00 (issued from / recorded in Marion County)
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Certificates of Judgment
An appeal to the Third District Court has a $150 fee.
Appeals to the Third District Court $150.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Court of Appeals
A certificate of qualification for housing has a $50 fee.
Certificate of Qualification for Housing (orc 2953.26) $50.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Miscellaneous
A judgment debtor exam has a $180 fee.
Judgment Debtor Exam $180.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Executions
An application for relief from disability has a $300 fee in the Civil schedule.
Application for Relief from Disability $300.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Civil
The state reparation fee is $60.
State Reparation Fee $60.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Criminal / Post Conviction Action
An application for sheriff election candidacy has a $25 fee.
Application for Sheriff Election Candidacy $25.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Other
A foreclosure order of sale by a private selling officer has a $200 fee.
Foreclosure Order of Sale by Private Selling Officer $200.00
Page 54 | Appendix C: Marion County Clerk of Courts Legal Division Deposit Schedule — Civil
Courtesy Copy Requirements
When a filing requires a hearing to be scheduled or a court ruling, the filer must immediately deliver a time-stamped copy to the assigned judge’s assignment clerk.
Upon the filing of any Original Filing or other Document that requires the scheduling of a hearing or that requires the Court to rule, the Filer shall immediately deliver a time- stamped copy of the document to the assignment clerk for the assigned Judge.
Page 7 | RULE 104: CONTENTS OF FILINGS
For civil filings submitted in person or by mail, the filer must provide one copy for the assigned judge.
Any Filer that submits any Document for filing in person or by mail shall submit the following number of copies: 2. In a civil case, the Filer must submit (1) the original for the official record and (2) a copy for the assigned Judge.
Page 8 | RULE 106: NUMBER OF COPIES & RETURN OF TIME-STAMPED COPIES
Any Filer that submits any Document for filing in person or by mail shall submit the following number of copies: 1. In a criminal case, the Filer must submit (1) the original for the official record; (2) a copy for the Prosecutor’s Office; (3) a copy for the Marion County Adult Probation Department; and (4) a copy for the assigned Judge.
Any Filer that submits any Document for filing in person or by mail shall submit the following number of copies: 1. In a criminal case, the Filer must submit (1) the original for the official record; (2) a copy for the Prosecutor’s Office; (3) a copy for the Marion County Adult Probation Department; and (4) a copy for the assigned Judge.
Page 8 | RULE 106: NUMBER OF COPIES & RETURN OF TIME-STAMPED COPIES
Sealing & Redaction Procedures
Personal identifying information must be redacted as detailed in Rule 110, subject to the stated impracticability exceptions.
Has personal identifying information redacted as detailed in Rule 110. B. To the extent impracticable, the mechanical requirements of this rule shall not apply to attachments or exhibits to any filing; depositions or similar transcripts; forms approved by the Ohio Supreme Court or this Court, such as Financial Disclosure Forms; and any other Document for which the Filer cannot comply with these mechanical requirements.
Page 8 | RULE 105: MECHANICAL REQUIREMENTS FOR ORIGINAL FILINGS
Before filing, filers must omit or redact personal identifying information, including the listed identifiers and information that may identify a victim; the last four Social Security digits may be used.
A. When submitting any document for filing with the Clerk, the Filer shall omit or redact any personal identifying information from the document before submitting a document for filing. Personal identifying information includes but is not limited to: 1. Full social security numbers (a Filer may use the last four digits) 2. Full bank or similar account numbers 3. State or federal tax identification numbers 4. Driver’s license numbers or state identification numbers 5. Employer and employee identification numbers 6. Individual financial information 7. Proprietary or trade-secret information 8. The name of any Victim, other than initials as set forth in Rule 108, and any other information that may identify a Victim.
Page 15 | RULE 110: REDACTION OF PERSONAL IDENTIFYING INFORMATION
Filings must refer to victims by initials and, if necessary, be redacted before filing to comply.
A. All filings shall use initials to refer to any Victim. If necessary, the Filer, before filing and document, shall redact the document to conform to this Rule.
Page 15 | RULE 109: USE OF INITIALS FOR VICTIMS
Counsel may review jury questionnaires with a client, but may not give the client a copy and must otherwise keep the questionnaires confidential.
H. The Court will, upon request, deliver copies of the jury questionnaires to counsel prior to a scheduled jury trial. Counsel may review these questionnaires with the client but shall not directly provide a copy of the questionnaire to the client and shall otherwise maintain these questionnaires as confidential.
Page 50 | RULE 502: PROSPECTIVE JURORS
The Clerk must prevent Personal Identifiers from being disclosed beyond the copies provided to the Court, Prosecutor, and Probation Department.
The Clerk shall ensure that all Personal Identifiers as defined in Superintendence Rule 44 are not disclosed beyond the copies to be given to the Court, Prosecutor, and Probation Department.
Page 28 | RULE 137: CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
Pre-Motion Conference Requirements
Motion briefing consists of the motion, an opposition or response, and a reply; other briefs require prior leave of Court upon a showing of good cause.
The Court will consider the original motion, a non-movant’s opposition/response to a motion, and the moving party’s reply in support. No party shall file any other briefs on a motion without prior leave of Court following a showing of good cause.
Page 30 | RULE 204: SUBMISSION OF MOTIONS & ORAL HEARINGS
Unless the Court orders otherwise, a party may respond to a summary-judgment motion within 28 days after service, and the movant may reply within 14 days after service of the non-movant’s response.
Unless otherwise ordered by the Court, the following response deadlines shall apply: A. Motions for Summary Judgment 1. A party may file a response to a Motion for Summary Judgment within twenty- eight (28) days after service of the Motion for Summary Judgment. 2. The party moving for summary judgment may file a reply in support of the Motion for Summary Judgment within fourteen (14) days of service a non- movant’s response.
Page 31 | RULE 205(A)
For dispositive motions other than summary-judgment motions, a party may respond within 14 days after service, and the movant may reply within 7 days after service of the response.
B. Dispositive Motions Other than Motions for Summary Judgment 1. For any dispositive motion other than a Motion for Summary Judgment, a party may file a response to the motion within fourteen (14) days of service of the motion. 2. The moving party may file a reply in support of the motion within seven (7) days of service of the non-movant’s response. 3. This provision of this Rule shall apply to Motions to Dismiss, Motions for Judgment on the Pleadings, Motions for Default Judgment, and any other case dispositive motion, i.e., any motion that if granted would resolve a case or a portion of a case.
Page 31 | RULE 205(B)
For a non-dispositive motion, a party may respond within 7 days after service, and the movant may reply within 3 days after service of the response.
C. Non-Dispositive Motions and other requests 1. For any non-dispositive motion, a party may file a response within seven (7) days of service of the motion. 2. The moving party may file a reply in support of the motion within three (3) days of service of a non-moving party’s response.
Page 31 | RULE 205(C)
The Court may decide a non-dispositive motion before a response is filed; if it grants the motion before the response deadline, the non-moving party may respond and seek reconsideration.
3. The Court may decide any non-dispositive motion without awaiting the filing of any response. However, if the Court grants a non-dispositive motion before the deadline for filing a response as set forth in this provision, the non-moving party may file a response and seek reconsideration of the entry granting the motion.
Page 31 | RULE 205(C)(3)
If additional information is needed in a default matter, the Court may schedule a hearing, at which all parties and counsel must attend; it may permit advance supplemental pleadings or affidavits, cancel the hearing if those materials suffice, or order additional briefing.
F. If the Court needs additional information necessary to determine the amount of damages or to make an investigation of any other matter, including liability, the Court may schedule the matter for a hearing. All parties and all counsel of record shall attend said hearing. When the Court schedules a hearing, the Court may allow the moving party to submit supplemental pleadings/affidavits in advance of the hearing. If the Court finds such supplemental materials sufficient to enable it to enter default judgment, the Court shall cancel the hearing. The Court may also order additional briefing if it determines it needs additional information.
Page 32 | RULE 206(F)
Adjournment & Extension Requirements
The Court generally considers continuance requests only on a formal written motion detailing the grounds and showing good cause, but may consider an oral motion made in the presence of all parties and/or counsel.
B. The Court will generally only consider a request for a continuance upon formal written motion that details the grounds for the continuance and for good cause shown. However, the Court may consider an oral motion to continue if made in the presence of all parties and/or counsel.
Page 17 | RULE 114: CONTINUANCES
A continuance motion relying on an attorney’s or party’s prior commitment must include appropriate documentation showing that commitment.
D. If the continuance request relies on a prior commitment of an attorney or a party, the requesting party shall attach to the motion any appropriate documentation, such as a hearing notice from another court or such other documentation showing the prior commitment.
Page 17 | RULE 114: CONTINUANCES
Parties should try to avoid trial-continuance motions, but must file a motion to continue a trial or other hearing as soon as they realize a continuance is needed.
A. Parties should strive to avoid filing motions to continue trials. A party must file a motion to continue a trial or other hearing as soon as the party realizes the need for a continuance.
Page 17 | RULE 114: CONTINUANCES
Where practicable, the moving party must make reasonable efforts to contact opposing counsel and the written continuance motion must describe those efforts or why contact was not possible, and state any response received.
C. Where practicable, the moving party shall make reasonable efforts to contact opposing counsel to determine opposing counsel’s position on the requested continuance. A written Motion to Continue shall state the moving party’s efforts to contact opposing counsel or shall state the reason the moving party could not contact opposing counsel. The motion shall state any response received from opposing counsel.
Page 17 | RULE 114: CONTINUANCES
The Court may modify a Case Schedule date on its own initiative or on a party’s motion, for good cause and on just terms.
E. The Court, sua sponte, or upon motion of a party may modify any date in the Case Schedule for good cause and on just terms.
Page 33
The Court may extend a filing deadline for good cause, but only if an extension is permitted by law.
Upon good cause shown and if permitted by law, the Court may grant an extension of time for the filing of any document covered by this Rule.
Page 24 | RULE 130: ADMINISTRATIVE APPEALS FILED IN THIS COURT
Chambers Communication Rules
When a trial-assigned case settles, counsel for parties seeking affirmative relief must immediately notify the Court.
When the parties settle a case assigned for trial, counsel for the parties seeking affirmative relief shall immediately notify the Court and shall submit any Judgment Entry or other documentation required to close the case prior to the scheduled trial date.
Page 35 | RULE 209: ASSIGNMENT OF CIVIL CASES FOR TRIAL
After a pretrial settlement, plaintiff’s counsel must immediately notify the Court by email or use the telephone-and-written-notice route.
As soon as the parties have reached a settlement agreement prior to the trial date, Plaintiff’s counsel shall either (1) immediately notify the Court by email or (2) immediately notifying the Court by telephone and filing a written notice of the settlement with the Court.
Page 38 | RULE 217: SETTLEMENT AND DISMISSAL OF CASES
Proposed jury instructions must be emailed to the Judge’s Assistant or Bailiff in a readily editable format, such as .docx or .doc.
The parties shall email the proposed instructions the Judge’s Assistant or Bailiff in a readily editable format (i.e. .docx or .doc).
Page 47 | RULE 310: PROPOSED JURY INSTRUCTIONS IN CRIMINAL CASES
E-filers should identify in the e-filing system’s comment field which filing the attachments or exhibits belong to.
The e-filer should advise the clerk as to which filing the attachments and/or exhibits belong by stating so in the comment field of the e-filing system.
Page 14 | M. Attachments and Exhibits
Media members must submit a written request for courtroom coverage as early as reasonably possible and at least 30 minutes before the session, unless the Judge waives the notice requirement for good cause.
A member of the media seeking permission to broadcast, televise, record, or take photographs in the courtroom shall make a request in writing and as far in advance as is reasonably possible but in no event less than thirty (30) minutes prior to the applicable courtroom session. The Judge may waive this advance notice requirement for good cause shown.
Page 22 | RULE 127: MEDIA COVERAGE OF COURT PROCEEDINGS
Prospective jurors must call the Court the evening before a scheduled trial to find out whether they must report for jury service.
E. Prospective jurors must call the Court on the evening before a scheduled trial to determine whether or not they must report for jury service.
Page 50 | RULE 502: PROSPECTIVE JURORS
Prospective jurors seeking to defer or be excused from jury service must make a formal request by contacting the Court.
I. Prospective jurors who wish to have their service deferred (delayed) and those who wish to be excused from jury service must make a formal request by contacting the Court.
Page 50 | RULE 502: PROSPECTIVE JURORS
A non-moving party that intends to oppose a non-dispositive motion is encouraged to contact the Court to notify it.
4. If a non-moving party intends to oppose a non-dispositive motion, the Court encourages that non-moving party to contact the Court to alert the Court of that party’s intent to oppose the non-dispositive motion.
Page 32 | RULE 205(C)(4)
The jury line for Judge Todd A. Anderson (Common Pleas Court A) is (740)223-4242.
Jury line phone number for Judge Todd A. Anderson (Common Pleas Court A): (740)223-4242
Page 1 | IMPORTANT JURY DUTY INFORMATION
Call 740-223-4230 for Probation matters.
For Probation matters call 740-223-4230
Page 1 | Common Pleas Court - General Division
The jury line for Judge Matthew P. Frericks (Common Pleas Court B) is (740)223-4241.
Jury line phone number for Judge Matthew P. Frericks (Common Pleas Court B): (740)223-4241
Page 1 | IMPORTANT JURY DUTY INFORMATION
Call the Clerk’s office for details about fax and electronic filing.
Please call the Clerk’s office for details.
Page 1 | Common Pleas Court - General Division
If summoned for jury duty, call the jury line after 5:30 PM on the evening before the scheduled appearance to confirm whether you must appear.
Since many cases are resolved shortly before trial, you are requested to call the jury line after 5:30PM on the evening before your scheduled appearance for jury duty. A recorded message will verify whether or not you need to appear.
Page 1 | IMPORTANT JURY DUTY INFORMATION
Call 740-223-4270 for Clerk of Court matters.
For Clerk of Court matters call 740-223-4270
Page 1 | Common Pleas Court - General Division
Call 740-223-4210 for matters before the Court.
For matters before the Court call 740-223-4210
Page 1 | Common Pleas Court - General Division