Mercer County Court of Common Pleas, Ohio

Facsimile filings are not accepted unless the Clerk of the Court gives prior approval.

Facsimile filings will no longer be accepted without prior approval from the Clerk of this Court.

Page 32 | FACSIMILE FILING - RULE 7.00

E-filers must submit compliant documents, which may be rejected and not filed if they do not comply.

It is solely the e-filer’s obligation to submit only documents which fully comply with court rules, policies, procedures, and practices. Documents that do not fully comply may be rejected, not docketed, and not filed.

Page 83 | 1.02 No Time Extension

Registered e-filers agree to file electronically and must serve the parties and Court in accordance with Ohio Civil Rule 5.

By registering as an e-filer, the attorney or party agrees to file documents electronically and shall serve parties to a case and the Court in accordance with Ohio Civil Rule 5.

Page 85 | 1.04 Register E-Filers

Persons filing with the Clerk or Court must register as e-filers, use their assigned electronic identifier, and create an account with the Clerk-designated online payment agent.

Persons filing documents with the Clerk or the Court must become registered e-filers. Registered e-filers will receive a confidential and unique electronic identifier that shall be used to file, serve, receive, review, and retrieve e-filed pleadings, orders, and other documents in the case. The e-filer is required to create an account with an on-line payment agent determined by the Clerk of Courts.

Page 85 | 1.04 Register E-Filers

The Court does not accept filings transmitted by facsimile or e-mail.

The Court does not accept documents transmitted by facsimile or e-mail.

Page 85 | 1.04 Register E-Filers

Service instructions must be filed electronically when the specified initiating pleading or pleading adding a party is electronically filed.

Upon electronically filing the original complaint, third party complaint, or any pleading that adds a new party, the filing party shall also file instructions for service electronically.

Page 87 | 1.09 Certificate of Service

Exhibits, attachments, and other documents that cannot be viewed comprehensibly in PDF must be filed in physical form with the court.

Exhibits, attachments, or other documents that may not be comprehensibly viewed in a pdf shall be filed in their physical form with the Court.

Page 88 | 1.11 Exceptions to E-Filing

The listed case-initiation documents must be filed electronically, with the process-server appointment order required when service will be by process server.

When e-filing a complaint or other document initiating a case or adding a party, the filer must: • Electronically file a case designation sheet. • Electronically file separate instructions for service, including the names and addresses of those to be served. • Electronically file the complaint, third party complaint, or other initiating document. • Electronically file a current copy of the order appointing the individual process server if the document is to be served by a process server.

Page 88 | 1.10 Complaints and Documents with New Parties

A document requiring a filing deposit or fee to achieve valid filing status must be filed in the same manner as other e-filed documents.

Any document requiring payment of a filing deposit for fee to the Clerk in order to achieve valid filing status shall be filed in the same manner as any other e-Filed document.

Page 89 | 1.12

Subpoenas to be issued by the Clerk must be filed in paper form with the Clerk.

Subpoenas which are to be issued by the Clerk shall be filed in paper form with the Clerk.

Page 89 | 1.11(D)

The Court notifies registered e-filers which case types it accepts for e-filing; e-filing is not available for every case type.

Then Court will notify registered e-filers of case types accepted for e-filing. E-filing will not be permitted for all case types.

Page 85 | 1.04 Register E-Filers

Any filing may be e-filed with the Clerk at any time, 24 hours a day and 7 days a week.

Any filing may be e-filed with the Clerk 24 hours a day, 7 days a week.

Page 89 | 1.13(A)

Unregistered pro se parties may file paper documents with the Clerk in person, by U.S. Mail, or through the Clerk’s Public Access Terminal.

Pro se parties who are not registered users of the Court’s e-File system may file documents in paper form with the Clerk in person, by U.S. Mail, or by using the Clerk’s Public Access Terminal.

Page 89 | 1.11(C)

Notice of disability-related accommodation requirements is due at least 14 days before the scheduled court appearance.

Any person who requires special accommodations because of a disability shall notify the Court of his or her special requirements at least fourteen (14) days before a scheduled court appearance.

Page 13 | 1.06 Special Accommodations

Form CM 20 must be submitted to the Court at least 14 days before the scheduled hearing.

When interpretive services are needed, the attorney or party requesting an interpreter shall complete Form CM 20 (Request for an Interpreter) and submit it to the Court at least fourteen (14) days before the scheduled hearing.

Page 13 | 1.07 Interpretive Services

Media requests must be submitted no later than one hour before the relevant court session, unless the trial judge permits otherwise.

Requests shall be made in writing to the Court as far in advance as reasonably practical, but in any event no later than one hour prior to the Court session to be broadcast, televised, recorded, or photographed unless otherwise permitted by the trial judge.

Page 14 | 1.09 Broadcasting, Televising, and Recording Court Proceedings

The Official Court Reporter or Clerk of Court must commence releasing exhibits, depositions, and transcripts after sixty days have expired from the filing of final judgment.

Upon the expiration of sixty (60) days after final judgment has been filed the Official Court Reporter/Clerk of Court shall commence releasing exhibits, depositions and/or transcripts in an action, and shall:

Page 15 | 1.10 C. Processing Orders Releasing Exhibits, Depositions and/or Transcripts

Opposing counsel must submit and serve proposed findings and conclusions within seven days after receipt of the other party's proposed statement.

Within seven (7) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing counsel shall submit and serve proposed findings of fact and conclusions of law.

Page 24 | MAGISTRATE - RULE 4.00

The original objection and request for an extension to supplement it must be filed within the original 14-day objection period.

The original objection and the request for extension to supplement the objections, must be filed within the original fourteen (14) days objection period.

Page 25 | MAGISTRATE - RULE 4.00

Objections must be filed within 14 days after the Magistrate Decision or, if applicable, written findings under Civ.R. 52 are filed.

Objections shall be filed within fourteen (14) days following the filing of the Magistrate Decision, or the filing of written findings of facts and conclusions of law pursuant to Civ.R. 52, if applicable.

Page 25 | MAGISTRATE - RULE 4.00

Supplemental objections are due 14 days after the transcript is filed.

The supplemental objections become due fourteen (14) days after the filing of the transcript.

Page 25 | MAGISTRATE - RULE 4.00

Opposing counsel must approve and deliver the entry to the Court within seven days thereafter.

Within seven (7) days thereof, opposing counsel shall approve and deliver the entry to the Court.

Page 27 | 5.03 Final Judgment Entries

If counsel does not provide an entry within fourteen days after the decision, the Court may issue a hearing notice, and counsel must appear and show cause for the failure.

If counsel fails to provide the Court with an entry within fourteen (14) days of the rendering of a decision, the Court may issue Notice of Hearing on Entry [CM 5], and counsel shall appear at said hearing and show cause why they have failed to submit the entry.

Page 27 | 5.03 Final Judgment Entries

When requested to prepare an entry after a contested decision, counsel must submit the proposed entry to opposing counsel for approval within seven days.

When the Court renders a decision in a contested manner and requests counsel to prepare an entry, said counsel shall submit the proposed entry to opposing counsel for approval within seven (7) days.

Page 27 | 5.03 Final Judgment Entries

A party whose counsel becomes unable to represent them or formally withdraws has 14 days to obtain new counsel or request an extension; the Court may extend the period upon the party’s application and a showing of good cause.

C. If counsel should become unable to represent a party or should formally withdraw from a case, that party shall have fourteen (14) days to secure new counsel. The Court may extend that time period upon application of the party and for good cause shown. If a party fails to procure counsel or fails to request the Court for an extension within said fourteen (14) days, the Court will assign the matter as in any other case, and the case shall proceed accordingly. In such case, notice of assignment mailed to the party without counsel will be deemed notice to that party.

Page 33 | RULE 8.00 — COUNSEL REPRESENTATION

If a party’s counsel dies, the party has 30 days to obtain new counsel or request an extension before the Court assigns the matter to proceed.

E. If counsel for a party dies, the party shall have thirty (30) days in which to procure new counsel. If the party fails to procure counsel within thirty (30) days, or fails to request the Court for an extension, the Court will assign the matter as in any other case, and the case shall proceed accordingly. In such case, notice of assignment mailed to the party without counsel will be deemed notice to that party.

Page 33 | RULE 8.00 — COUNSEL REPRESENTATION

If no responsive pleading or action by plaintiff’s counsel occurs, counsel must, within 60 days after service is complete, pursue default proceedings, request a scheduling or pretrial conference, or dismiss the action.

C. Sixty (60) days after the completion of service, if no responsive pleading has been filed and no action has been taken by plaintiff’s counsel, plaintiff’s counsel shall pursue default proceedings, request a scheduling conference or pretrial conference, or dismiss the action. Failure to proceed may result in the Court giving notice of pending dismissal. [CM 2]

Page 34 | RULE 9.00 — CIVIL MATTERS

An opposing party may file a written response within 14 days after service of the motion.

Any party opposing the motion may file a written response within fourteen (14) days of service of the motion.

Page 36 | 9.05 Other Motions

The opposing party may file opposing affidavits, other evidence, and memoranda through the day before the summary-judgment hearing.

The opposing party shall have until the day prior to the hearing to file opposing affidavits or other evidence and memoranda.

Page 36 | 9.03 Summary Judgment Motions

Oral argument is waived unless the court receives a written request at least seven days before the scheduled hearing.

Oral arguments shall be considered waived and the motion submitted unless a written request for oral arguments is received no later than seven (7) days prior to the scheduled hearing.

Page 36 | 9.03 Summary Judgment Motions

Debtor’s counsel must file the required notice and attachments immediately when a bankruptcy proceeding stays this Court’s proceedings.

If any party files a proceeding in the U.S. Bankruptcy Court which results in a stay of this Court’s proceedings, counsel for the debtor shall immediately file with the Court a notice of same with an attached file-stamped copy of the petition and a proposed order staying proceedings [CM 9] as provided by the provisions of 11 U.S.C. 362.

Page 37 | 9.06 Bankruptcy

Pretrial briefs must be submitted directly to the Court at least seven days before final pretrial unless otherwise directed, and must not be filed with the Clerk.

All pretrial briefs shall be submitted directly to the Court with copies served upon all other counsel or pro se parties not less than seven (7) days prior to final pretrial unless the Court otherwise directs. Pretrial briefs shall not be filed with the Clerk.

Page 38 | 9.08 Final Pretrials

The Court must receive an entry terminating the case within 14 days after settlement notification to avoid an enforcement hearing; counsel, parties, and persons with settlement authority must attend any such hearing unless the entry is received beforehand.

If the Court does not receive an entry terminating the case within fourteen (14) days after receipt of notification of settlement, the Court will assign the matter for a hearing on enforcement of settlement [CM 7] at which time all counsel of record and parties and persons with settlement authority shall be present unless a termination entry is received prior to said hearing.

Page 39 | 9.10 Settled Cases

For a medical malpractice case settling before December 15, plaintiff’s counsel must submit a Medical Malpractice Report [CM 22] within 30 days of settlement.

For medical malpractice cases that settle before the fifteenth day of December, plaintiff’s counsel shall submit a Medical Malpractice Report [CM 22] within thirty (30) days of the settlement.

Page 39 | 9.11 Medical Malpractice Cases

The Medical Malpractice Report for a pending qualifying medical malpractice case must be submitted to the Clerk of Court office before December 15 each year.

Prior to the fifteenth day of December of each year, plaintiff’s counsel in a pending medical malpractice case, which includes a medical claim, dental claim, optometric claim, or chiropractic claim, shall submit to the Clerk of Court office a Medical Malpractice Report [CM 22] for reporting purposes consistent with R.C. 2303.23.

Page 39 | 9.11 Medical Malpractice Cases

In an administrative appeal, the appellee’s responsive brief is due 28 days after the appellant’s brief is filed.

2. appellee’s responsive brief shall be due twenty-eight (28) days after filing of appellant’s brief; and

Page 40 | 9.12 Administrative Appeals

In an administrative appeal, the appellant’s brief containing assignments of error is due 42 days after the notice of appeal is filed.

1. appellant’s brief containing assignments of error shall be due forty-two (42) days after filing of the notice of appeal;

Page 40 | 9.12 Administrative Appeals

In an administrative appeal, the appellant’s reply brief is due 14 days after service of the appellee’s answer brief.

3. appellant’s reply brief shall be due fourteen (14) days after service of appellee’s answer brief.

Page 40 | 9.12 Administrative Appeals

A written objection opposing a mediation referral or appointed mediator is due within seven days of receiving notice.

A party opposed to either the referral or the appointed mediator must file a written objection with the Court within seven days of receiving notice of the referral or provider and explain the reasons for any opposition.

Page 42 | 10.04 Case Selection and Timing for Mediation

The conveyance motion and proposed entry must be filed at least one week before the proceeding when the defendant is incarcerated out of the county.

If the defendant is incarcerated out-of-the-county, it is the responsibility of defense counsel to file a motion requesting the defendant be conveyed to Mercer County [CM 15] with a proposed entry at least one (1) week prior to that proceeding [CM 16].

Page 47 | 12.03 Pretrials, Hearings, and Entries

The Prosecuting Attorney must certify any changes to the trial deadline forthwith.

Thereafter, the Prosecuting Attorney shall forthwith in writing certify to the Court any changes in the last day of the time period within which the defendant shall be brought to trial as required by R.C. 2945.71.

Page 47 | 12.02 Time Within Which Trial Must Be Held

The written certification must be provided at least 35 days before the last day to timely convene trial.

The Prosecuting Attorney shall certify in writing to the Court the last day of the time period within which the defendant shall be brought to trial as required by R.C. 2945.71 at least 35 days prior to the last day to timely convene trial.

Page 47 | 12.02 Time Within Which Trial Must Be Held

Counsel requested to prepare an entry must submit it to the Court within three business days of the request.

If counsel is requested to prepare an entry, counsel shall submit it to the Court within three (3) business days of the request.

Page 48 | 12.03 Pretrials, Hearings, and Entries

Counsel must apply for and obtain Court approval before incurring expenses above the prescribed maximums.

No fees in excess of the maximums prescribed therein shall be approved unless prior to incurring such expenses, counsel shall make application to the Court and obtain prior approval therefore by judgment entry.

Page 48 | 12.05 Mercer County Public Defender and Assigned Counsel

Reimbursement requests to the Office of the Ohio Public Defender are due within 90 days after the end of the month in which the case is disposed of or terminated.

NOTE: Pursuant to RC 120.33(A)(4), all requests for reimbursement are due to the Office of the Ohio Public Defender within ninety (90) days after the end of the month in which the case was finally disposed of or terminated.

Page 48 | 12.05 Mercer County Public Defender and Assigned Counsel

Upon the filing of any post-conviction motion pursuant to R.C. 2953.21, the Assignment Commissioner will schedule the matter for a conference or a hearing to be withheld within sixty (60) days after said motion is filed.

Upon the filing of any post-conviction motion pursuant to R.C. 2953.21, the Assignment Commissioner will schedule the matter for a conference or a hearing to be withheld within sixty (60) days after said motion is filed.

Page 48 | 12.04 Post-Conviction Motions

At the trial level, when the attorney intends to file one of the listed post-trial filings, the Motion, Entry, and Certification form is due within 90 days after the end of the month of the last action or hearing shown on the form.

Trial Level Court - If the attorney intends to file a notice of appeal, a motion for a new trial, a motion for shock probation, or a motion for judicial release, the Motion, Entry, and Certification form is due to the Office of the Ohio Public Defender within ninety (90) days after the end of the month in which the last action or hearing indicated on the form was held.

Page 49 | Rule 12

The request is due within 30 days after the end of the month in which the case is finally disposed of or terminated; noncompliance reduces reimbursement, except in capital murder cases.

at the county level and the state level, the request is due to the Court within 30 days after the end of the month in which the case was finally disposed of or terminated. Failure to comply shall result in reimbursement amounts being reduced by a rate equal to the Ohio Public Defender’s current reimbursement rate, with the exception of capital murder cases.

Page 49 | Rule 12

The Request for Admittance must be filed with the Clerk before acceptance into the Drug Court Program.

Prior to acceptance into the Drug Court Program, each person shall have been referred by a judge, probation officer, prosecutor, or defense attorney and the participant shall have filed a Request for Admittance [CM 28] with the Clerk of Court.

Page 54 | 12.10 Specialized Docket, B

Notices under these Rules must be sent by regular U.S. Mail to the party’s attorney of record at the last known business address, and service is complete on mailing.

All notices required by these Rules to be served upon a party in an action shall be sent by regular U.S. Mail to the party’s attorney-of-record at his last known business address. Service shall be deemed complete for purposes of these Rules upon the date of mailing.

Page 15 | 1.10 B. Service of Notice

In the specified divorce, annulment, or legal-separation actions, service must be made by posting and mail at the stated locations for six consecutive weeks, with the Clerk docketing the posting details; service is complete upon entry of posting.

In a divorce, annulment or legal separation action, if the plaintiff is proceeding in forma pauperis, and if the residence of the defendant is unknown, service by publication shall be made by posting and mail as required by Civ.R. 4.4(A)(2). Counsel for a party desiring this service shall submit to the Clerk of Court the proposed legal notice for such publication. The Clerk shall promptly post the notice in a conspicuous place in the Courthouse of Mercer County, Ohio, in the public area of the office of the Sheriff of Mercer County, Ohio, and in the public area of the Celina Police Department. This notice shall be posted in the required locations for six (6) consecutive weeks. Upon the completion of the six (6) weeks, the Clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting.

Page 18 | COSTS - RULE 2.00, 2.06(B)

The Clerk must promptly publish the notice in a newspaper of general circulation in Mercer County.

The Clerk shall promptly publish the notice in a newspaper of general circulation in Mercer County.

Page 18 | COSTS - RULE 2.00, 2.06(A)

Opposing counsel must serve proposed findings and conclusions after receiving the other party's proposed statement.

Within seven (7) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing counsel shall submit and serve proposed findings of fact and conclusions of law.

Page 24 | MAGISTRATE - RULE 4.00

The requesting party must serve the proposed findings and conclusions with the request.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civ.R. 52 and Civ.R. 53, the party requesting such statement shall submit and serve with said request proposed findings of fact and conclusions of law.

Page 24 | MAGISTRATE - RULE 4.00

In every case, counsel must supply enough copies of each document to be served on all parties and counsel of record.

In all cases, counsel shall supply sufficient copies of all documents to be served on all parties and counsel of record.

Page 28 | 5.03 Final Judgment Entries

If service is not completed within six months, the Court will notify counsel that service must be obtained within fourteen days or the case will be dismissed.

If service is not completed within six (6) months as required by Civ.R. 4(E), the Court will serve notice on counsel that unless service is obtained within fourteen (14) days, the case will be dismissed [CM 1].

Page 29 | 5.04 Failure of Service

A copy of a continuance motion must be served on opposing counsel, or on the unrepresented opposing party, before submission to the Judge or Magistrate with the appropriate entry.

A copy of the motion must be served upon opposing counsel, or the opposing party if not represented, prior to its submission with the appropriate entry to the Judge or Magistrate before whom the case will be heard.

Page 30 | 6.03 Continuance Procedure

The withdrawal motion must include a certificate of service identifying service to opposing counsel, any self-represented opposing party, and the withdrawing attorney’s client.

1. Submit a motion with reasons thereon and proposed entry to the Judge or Magistrate containing a certificate of service to opposing counsel, if any; the opposing party, if pro se; and the withdrawing attorney's client.

Page 33 | RULE 8.00 — COUNSEL REPRESENTATION

The defaulting party must receive at least seven days’ hearing notice, and the motion must bear a certificate of service for the motion and notice.

provide at least seven (7) days notice of such hearing to the defaulting party. A certificate of service of the motion, and notice upon the defaulting party, shall be endorsed thereon by the moving party.

Page 35 | 9.02 Default Judgment Motions

All other parties and counsel of record must receive at least seven days’ notice of a confirmation-of-sale hearing, and proof of service of the motion and notice must be endorsed on the motion.

notice of which shall be included with the motion and provide at least seven (7) days notice of such hearing. A certificate of service of the motion and notice upon all other parties and counsel of record shall be endorsed thereon by the moving party.

Page 36 | 9.04 Confirmation of Sale

Pretrial briefs must be submitted directly to the Court and copies served on all other counsel or pro se parties at least seven days before final pretrial, unless the Court directs otherwise.

All pretrial briefs shall be submitted directly to the Court with copies served upon all other counsel or pro se parties not less than seven (7) days prior to final pretrial unless the Court otherwise directs.

Page 38 | 9.08 Final Pretrials

Service is to be ordered through the Mercer County Sheriff's Office or another law enforcement agency; the Court may authorize a special process server upon request or after unsuccessful Sheriff's Office service, under Mercer Co. Loc.R. 2.07.

Service shall be ordered through the Mercer County Sheriff's Office or any other law enforcement agency. The Court may authorize the petitioner to attempt service upon the respondent by a special process server upon petitioner's request or when service by the Sheriff's Office is unsuccessful all in accordance with Mercer Co. Loc.R. 2.07.

Page 58 | 14.01 Domestic Violence Actions

In cases involving child custody and a request for child or spousal support, the respondent must serve the Affidavit of Income and Expenses on the petitioner no later than seven days before the full hearing.

No later than seven (7) days prior to the full hearing, the respondent shall submit to the Court and serve upon petitioner an Affidavit of Income and Expenses [Affidavit 1] in cases involving custody of a child and a request for child and/or spousal support.

Page 58 | 14.01 Domestic Violence Actions

A party seeking ex parte custody or visitation orders must make every good faith effort to notify opposing counsel and unrepresented adverse parties of the application.

The party requesting such orders shall make every good faith effort to provide opposing counsel and unrepresented adverse parties with notice of the application to the court for relief.

Page 63 | 15.05 Temporary Restraining Orders and Ex Parte Orders

In every case, counsel must supply enough copies of documents to be served on the parties, counsel of record, and, when appropriate, the child support agency, and forward a copy to the Court.

In all cases, counsel shall supply sufficient copies of all documents to be served on parties, counsel of record, and, if appropriate, the Mercer County Child Support Enforcement Agency, and forward a copy to the Court.

Page 67 | RULE 19.00—DOMESTIC RELATIONS—FILING OF FINAL JUDGMENTS AND DECREES, 19.02(F)

The specified certificate states that a copy of the entry is issued by regular U.S. mail to counsel of record or, if there is no counsel of record, to the parties.

In order to facilitate the prompt and timely issuance and service of entries upon counsel, when counsel prepares an entry to be issued by the Court, counsel shall include the following Certificate of Service on the last page of the entry to be signed by the Court or the Clerk: This is to certify that a copy of the (state the title of the document being served) has been issued by regular U.S. mail to (list the name of counsel of record or the parties, if no counsel of record), at their respective addresses on _____________________, 20____. _________________________________

Page 67 | RULE 19.00—DOMESTIC RELATIONS—FILING OF FINAL JUDGMENTS AND DECREES, 19.02(E)

The notice of hearing/show-cause order must be served with the motion and citation in accordance with the Civil Rules.

The notice of hearing/show cause order shall be served with the motion and citation pursuant to the Civil Rules.

Page 74 | 24.05 Motions to Show Cause (Contempt)

Before relocating to a residence other than the one specified in the visitation order or decree, the relocating parent must serve the other parent with the notice by certified mail.

Prior to the relocation of the residential parent, or either parent in a shared parenting plan, to a residence other than that specified in the visitation order or decree of the Court, the relocating parent must serve a Notice of Intent to Relocate [DR 6] in advance notice of the move upon the other parent by certified mail.

Page 75 | 25.01 General

Registered e-filers must serve the parties and the Court in accordance with Ohio Civil Rule 5.

By registering as an e-filer, the attorney or party agrees to file documents electronically and shall serve parties to a case and the Court in accordance with Ohio Civil Rule 5.

Page 85 | 1.04 Register E-Filers

The clerk must issue the summons and process using the designated service method in accordance with the Civil Rules.

The clerk shall issue a summons and process in the designated method of service in accordance with the Civil Rules.

Page 87 | 1.09 Certificate of Service

After an order or entry is signed and filed, the clerk must serve copies of all entries and orders.

After the order or entry has been signed and filed, the Clerk of Courts shall serve copies of all entries and orders.

Page 88 | 1.10 Complaints and Documents with New Parties

The filer, not the clerk, is responsible for serving documents filed after the original complaint on all parties and attorneys.

In accordance with Civ. R. 5(B)(2) and Crim R. 49, the filer, not the Clerk, shall be responsible for serving all documents filed subsequent to the original complaint on all parties and attorneys.

Page 88 | 1.10 Complaints and Documents with New Parties

Initiating documents and documents adding a party are not served electronically; summons and service must be completed as required by the applicable rule or statute, not electronically.

Initial complaints, re-filed complaints, third part complaints, other documents initiating a case or adding a new party are filed but not served electronically. Summons and service cannot be issued or completed electronically and must be accomplished as required by the applicable rule or statute.

Page 88 | 1.10 Complaints and Documents with New Parties

A party electronically filing a document must provide proof of service on every party entitled to service and state the manner of service for each.

A certificate of service on all parties entitled to service is still required when a party files a document electronically. The certificate must state the manner in which service was accomplished on each party so entitled.

Page 88 | 1.09 Certificate of Service

If the objections do not state that a transcript was ordered, or a transcript request is not filed and served on the Court Reporter with the appropriate deposit, the Court may treat the objection as if no transcript had been ordered.

Failure to so state or file and serve upon the Court Reporter a request for a transcript with appropriate deposit may cause the Court to rule on the objection as if no transcript had been ordered.

Page 25 | MAGISTRATE - RULE 4.00

Copies of file-stamped temporary orders will be forwarded to attorneys of record and unrepresented parties.

Copies of the file-stamped temporary orders will be forwarded to any attorneys of record and unrepresented parties.

Page 63 | 15.04 Temporary Child Support and Spousal Support

Upon final judgment, deposited funds must be applied to case costs regardless of which party is assessed those costs.

Upon final judgment, the Clerk is directed to apply any monies on deposit to the costs in the case, regardless of the party against whom costs are assessed.

Page 17 | COSTS - RULE 2.00

Filing fees and costs are set by Appendix A, and applicable deposit amounts may be periodically determined and published by the Court and Clerk.

Filing fees and costs in the Court of Common Pleas shall be as set forth in the Filing Fee and Costs Schedule (Appendix A) maintained by the Clerk of Court. Except as otherwise provided by law, when applicable such deposits may be periodically determined by the Court and published by the Clerk of Court. The current cost deposit amounts are attached hereto and incorporated herein.

Page 17 | COSTS - RULE 2.00

Civil actions and proceedings require an advance cost deposit unless the specified affidavit is filed; deposits may be made by law-firm check, certified check, money order, or cash, but not by personal check.

Unless an affidavit of inability to pay or give security for costs as provided for in R.C. 2323.31 and Mercer Co. Local Rule 2.05 hereof is filed, no civil actions or proceedings shall be accepted for filing by the Clerk unless the party or parties offering the same for filing shall first deposit a sum of money to secure the payment of costs. Deposits will be accepted only if they are in the form of a check from a law firm, certified check, money order, or cash. No personal checks are accepted.

Page 17 | COSTS - RULE 2.00

A party whose failure to appear causes a trial continuance or postponement after a jury panel appears must pay the panel’s per-diem cost, unless the Court determines an extreme emergency or circumstances beyond the party’s or counsel’s control caused the failure.

In the event a panel of jurors appears for service and the trial is continued or postponed due to the failure of a party or his counsel to appear, such party shall be assessed the per-diem cost of the panel unless such failure to appear is the result of extreme emergency or conditions beyond the control of the party or counsel as the same may be determined by the Court.

Page 18 | COSTS - RULE 2.00

When a party files an affidavit of inability to pay a deposit or give security for costs as provided for in R.C. 2323.31, the Clerk of Court shall receive and file such action without deposit or security.

When a party files an affidavit of inability to pay a deposit or give security for costs as provided for in R.C. 2323.31, the Clerk of Court shall receive and file such action without deposit or security.

Page 18 | COSTS - RULE 2.00

Counsel must pay the cost of the legal notice directly to the newspaper.

Counsel shall pay the cost of the legal notice directly to the newspaper.

Page 18 | COSTS - RULE 2.00, 2.06(A)

A party requesting a civil jury trial must deposit $1,000 with the Clerk at least 14 days before trial is scheduled to begin.

A party who has requested a jury trial, shall deposit the sum of One Thousand Dollars ($1,000) with the Clerk of Court not less than fourteen (14) days prior to the day upon which trial is scheduled to commence.

Page 18 | COSTS - RULE 2.00

The Court Reporter must retain the transcript, and any outstanding balance must be paid in full to the Clerk before the original transcript is filed.

The transcript shall be retained by the Court Reporter and any balance due on said transcript must be paid in full to the Clerk of Court before the original transcript is filed with the Clerk of Court by the Court Reporter.

Page 19 | 2.08 Transcripts of Record

Upon request, the reporter must make additional transcript copies for the same requester at $2.10 per 25-line page.

Upon request, the reporter shall make additional copies of the transcript for the same requesting party pursuant to R.C. 149.43(B)(1) at the rate of $2.10 per 25-line page

Page 19 | 2.08 Transcripts of Record

The requesting party must pay the Clerk of Court $4.20 per 25-line page for the original transcript.

For the party requesting the transcript, the cost is $4.20 per 25-line page for the original transcript payable to the Clerk of Court.

Page 19 | 2.08 Transcripts of Record

Reporters transcribing grand jury witness testimony receive the same compensation and payment treatment specified for transcripts in this section and the cited statute.

If the testimony of witnesses is taken before the grand jury by reporters, they shall receive for the transcripts the same compensation and be paid in the same manner as provided in this section and section 2301.24 of the Revised Code.

Page 20 | 2.08 Transcripts of Record

The person who ordered a transcript or copy must pay the compensation upon receipt or filing, unless payment is waived for good cause or as required by law.

Such compensation shall be paid by the person who ordered the transcript and/or copy thereof at the time of receipt or filing of same, unless payment of said compensation is waived for good cause shown or as required by law.

Page 20 | 2.08 Transcripts of Record

The Court hereby authorizes and directs the Clerk to charge and collect an additional fee of ten dollars ($10.00) upon the filing of each cause of action or appeal, on the filing, docketing and endorsing of each certificate of judgment, or the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment under R.C. 2303.20(A), (P), (Q), (T), and (U).

The Court hereby authorizes and directs the Clerk to charge and collect an additional fee of ten dollars ($10.00) upon the filing of each cause of action or appeal, on the filing, docketing and endorsing of each certificate of judgment, or the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment under R.C. 2303.20(A), (P), (Q), (T), and (U).

Page 20 | 2.09 Fees for Computerization of the Office of the Clerk of Court

A $3.00 fee is charged upon filing each cause of action or appeal in the specified divisions.

The Court hereby authorizes and directs the Clerk to charge and collect an additional fee of three dollars ($3.00) upon the filing of each cause of action or appeal in any of the aforementioned divisions of this Court under R.C. 2303.20(A), (Q), or (U).

Page 21 | 2.10 Fees for Computerized Research Services

An additional, unspecified fee is charged upon filing each civil or domestic cause of action.

The Court hereby authorizes and directs the Clerk to charge and collect an additional fee upon the filing of each civil or domestic cause of action in this Court under R.C. 2303.201(E)(1), effective January 1, 2006.

Page 21 | 2.11 Special Project Fees

A sheriff candidate must deposit $110 with the Clerk as security for costs.

The applicant shall deposit with the Clerk the sum of one-hundred ten dollars ($110.00) as security for costs.

Page 22 | 2.13 Sheriff Candidate Filing Fees

Effective July 1, 2025, counsel seeking a levy on a debtor’s property must issue a praecipe for order of sale with a $500 cash deposit.

If a judgment creditor desires to levy upon a debtor’s property, counsel for judgment creditor shall issue a praecipe for order of sale along with $500.00 cash deposit, effective July 1, 2025.

Page 35 | 9.02 Default Judgment Motions

A $25.00 application fee must accompany the assigned-counsel application form filed with the Clerk’s Office.

This form is to be returned and filed in the Clerk’s Office along with a $25.00 application fee.

Page 50 | 12.06 Qualifications for Assigned/Appointed Counsel

The Clerk of Courts must not collect a cost deposit for filing a domestic violence petition.

The Clerk of Courts shall not collect a cost deposit for the filing of a petition of domestic violence.

Page 58 | 14.01 Domestic Violence Actions

A $100 deposit must be paid before action on the petition, but the petitioner may request a fee reduction by submitting a fee-waiver request with an affidavit of indigency or other relevant information.

Before any action is required to be taken on the Petition, the Petitioner must pay a deposit in the amount of $100.00. The Petitioner may file a Request for Waiver of Fees [CM 31] along with an Affidavit of lndigency or other relevant information for the court's consideration if requesting a reduction in the filing fees.

Page 80 | 28.02 PROCEDURES

A product-liability matter requires a $400.00 court-cost deposit.

Product Liability $400.00

Page 91 | APPENDIX A — CIVIL MATTERS

A filing for the Third District Court of Appeals requires a $150.00 deposit.

Third District Court of Appeals $150.00

Page 91 | APPENDIX A — OTHER MATTERS

A foreclosure requires a $750.00 court-cost deposit.

Foreclosure $750.00

Page 91 | APPENDIX A — CIVIL MATTERS

A workers’ compensation matter requires a $400.00 court-cost deposit.

Workers’ Compensation $400.00

Page 91 | APPENDIX A — CIVIL MATTERS

A writ of execution requires a $500.00 deposit.

Writ of Execution $500.00

Page 91 | APPENDIX A — OTHER MATTERS

A complaint with three or more defendants requires a $500.00 court-cost deposit.

Complaints with three (3) or more defendants $500.00

Page 91 | APPENDIX A — CIVIL MATTERS

A garnishment requires a $250.00 deposit.

Garnishment $250.00

Page 91 | APPENDIX A — OTHER MATTERS

An other-civil matter requires a $400.00 court-cost deposit.

Other Civil $400.00

Page 91 | APPENDIX A — CIVIL MATTERS

An other-torts matter requires a $400.00 court-cost deposit.

Other Torts $400.00

Page 91 | APPENDIX A — CIVIL MATTERS

A professional-tort matter requires a $400.00 court-cost deposit.

Professional Torts $400.00

Page 91 | APPENDIX A — CIVIL MATTERS

A third-party or intervener complaint requires a $250.00 court-cost deposit.

Third-Party/Intervener Complaint $250.00

Page 91 | APPENDIX A — CIVIL MATTERS

A counterclaim or cross-claim requires a $250.00 court-cost deposit.

Counterclaim/Cross-Claim $250.00

Page 91 | APPENDIX A — CIVIL MATTERS

A debtor’s examination requires a $150.00 deposit.

Debtor’s Examination $150.00

Page 91 | APPENDIX A — OTHER MATTERS

A writ of possession requires a $250.00 court-cost deposit.

Writ of Possession $250.00

Page 91 | APPENDIX A — CIVIL MATTERS

An amended complaint requires a $100.00 court-cost deposit.

Amended Complaint $100.00

Page 91 | APPENDIX A — CIVIL MATTERS

An administrative appeal requires a $400.00 court-cost deposit.

Administrative Appeal $400.00

Page 91 | APPENDIX A — CIVIL MATTERS

If a filing is not e-filed, counsel must provide the Clerk a complete Court copy, marked “Court's Copy” or “Judge's Copy” on the front page.

If not e-filed, counsel shall provide a complete copy for the Court of all pleadings, motions, or other filings to the Clerk who shall file-stamp and deliver same to the court forthwith. These copies shall be clearly marked on the front page as “Court's Copy” or “Judge's Copy.”

Page 27 | FILING REQUIREMENTS - RULE 5.00

A time-stamped copy of the opposition brief should be delivered to the Judge for prompt consideration.

A time-stamped copy of the brief should be delivered to the Judge to ensure prompt consideration.

Page 25 | MAGISTRATE - RULE 4.00

The reporter must file the original transcript under seal with the Clerk of Court.

The reporter shall file the original transcript under seal with the Clerk of Court

Page 19 | 2.08 Transcripts of Record

A transcript in the Clerk's possession may not be removed from the Clerk's office, and only the Court may open a sealed transcript.

A transcript in the possession of the Clerk of Court shall not be removed from the office of Clerk of Court. No sealed transcript may be opened except by the Court.

Page 20 | 2.08 Transcripts of Record

A sealed transcript may be unsealed only by order of the Court.

A sealed transcript may only be unsealed with an Order of the Court.

Page 23 | OFFICE OF CLERK OF COURTS - RULE 3.00

Grand Jury proceedings other than deliberations and voting must be recorded, and the recordings must not be disclosed unless the Court orders otherwise.

Pursuant to Crim.R. 6 and C.P.Sup.R. 11, all Grand Jury proceedings, with the exception of deliberations and voting, shall be recorded. Such recording, whether stenographically or electronically recorded, shall not be disclosed unless ordered by the Court.

Page 46 | 11.01 Grand Jury Proceedings

Indictments must remain secret, be sealed by the Clerk, and not be docketed by name until the accused is apprehended; disclosure is limited to warrant or summons needs, with a possible application for relief and an exception for law-enforcement communications to execute process.

Pursuant to Crim.R. 6(E) any indictment issued by the Grand Jury shall be kept secret until the defendant is in custody or has been released pursuant to Crim.R. 46. The Clerk of Court shall seal all indictments, the indictments shall not be docketed by name until after the apprehension of the accused, and no person shall disclose the finding of the indictments except when necessary for the issuance of a warrant or summons. Should a person involved in the process of issuance or execution of a warrant or summons believe that public disclosure of the indictment is necessary to effect service of the summons or warrant, that person may apply to the Court for relief from this Rule. This Rule shall not be interpreted as a prohibition of communication between Peace Officers, Law Enforcement Officers or Agencies, or Court Personnel in an attempt to execute a summons or warrant issued by the Grand Jury.

Page 46 | 11.01 Grand Jury Proceedings

The guardian ad litem report must be retained in the Court’s confidential file and is not to be filed with the Clerk.

The written report of the guardian ad litem shall be submitted to the Judge or Magistrate. The Court will issue an order accompanying the report regarding the dissemination of the same. The Court will retain the report in the Court’s confidential file. The report is NOT to be submitted to the Clerk of Court for filing.

Page 69 | 21.01 Guardian Ad Litem

Social security numbers and other information excluded from the public record must be redacted under the court’s rules and the Rules of Superintendence.

All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence.

Page 81

Before e-filing, filers must remove the specified personal and private information from pleadings, motions, and documents.

Before e-filing, counsel, parties, and other persons must make sure the first five digits of a social security number, financial account numbers, medical records, driver’s license numbers, and similar private information are removed from the pleading, motion, or document.

Page 86 | 1.06 Format

The filing party is solely responsible for redacting personal, confidential, or private information.

Redactions of personal, confidential, or private information is solely the responsibility of the party filing the document.

Page 86 | 1.06 Format

Records and information received to assist the court, including information in a petition, retain the public or non-public status provided by law.

Records or information received by a court to assist the court with making its decision” under Section 2953.25 of the Revised Code, including information included on a petition, shall retain their character as public or non-public records, as otherwise provided in law.

Page 81

Reply briefs and additional briefs or memoranda may be submitted only with leave of the Court.

Reply, additional briefs or memoranda may be submitted only with leave of the Court.

Page 36 | 9.05 Other Motions

The Court decides other motions without oral argument unless a party requests a hearing or the Court determines one is appropriate.

The Court will decide all other motions without oral arguments unless a party requests a hearing and/or the court determines that a hearing is appropriate.

Page 36 | 9.05 Other Motions

The objection deadline may be extended for good cause only by written motion filed before the original 14-day period expires and brought to the Judge's attention.

Such time period may be extended for good cause shown upon written motion only, filed prior to the expiration of the original fourteen (14) day period and brought to the attention of the Judge.

Page 25 | MAGISTRATE - RULE 4.00

If the Judge or Magistrate does not grant a continuance motion, the matter proceeds as originally scheduled.

If the motion to continue the matter is not granted by the Judge or Magistrate, it shall proceed as originally scheduled.

Page 30 | 6.03 Continuance Procedure

A continuance motion must include an entry stating the date and time from and to which the matter is continued, and must state its original filing date, subject matter, scheduled proceeding date, prior continuances and who requested them, reason, applicable conflicting trial assignment, opposing-party agreement or whether it was sought, and the required endorsements; criminal cases have priority.

A motion for continuance must be accompanied by the appropriate entry granting the motion with the date and time from and to which the matter is continued and must contain the following information: a. Filing date of the original motion; b. Subject matter of the motion; c. Pretrial, trial, or hearing date d. Number of previous continuances granted and at whose request; e. Reason for continuance; f. Copy of conflicting trial assignment attached, if appropriate. (Criminal case shall have priority.) g. Agreement of opposing party/counsel if obtained, and if not, whether or not an agreement was sought; and h. Endorsement of moving party and moving party=s attorney, if represented.

Page 30 | 6.02 Contents of Motion

A scheduled proceeding may be continued only with an endorsed written motion and judicial authorization, or, for good cause, by an Agreed Entry or a written motion with an entry setting a reassigned date obtained from the Assignment Commissioner; relief may remain effective as of the original hearing date.

A case in which a date has been assigned for any proceeding shall only be continued upon written motion endorsed by the litigant seeking the continuance, and the authorization of the Judge or Magistrate. For good cause shown, a case may be continued by an Agreed Entry, or by a written motion with entry reassigning the proceeding for a date that has been obtained from the Court=s Assignment Commissioner. Any relief which ultimately may be granted may be effective as of the original hearing date despite the granting of the requested continuance.

Page 30 | 6.01 Continuance Policy

The Court may extend the 14-day period if the party applies and shows good cause.

The Court may extend that time period upon application of the party and for good cause shown.

Page 33 | RULE 8.00 — COUNSEL REPRESENTATION

A scheduled mediation may be continued only for good cause after the parties determine a mutually acceptable future date, and the mediation must be rescheduled before final pretrial; pending motions generally are not good cause, and requests for dates more than 45 days after referral must go to the referring Judge or Magistrate.

Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediator or the Judge or Magistrate who referred the case. Except as authorized by the Court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial. If a continuance of a scheduled mediation is requested and the proposed new date is more than 45 days after the initial referral to mediation, then the request must be made to the Judge or Magistrate.

Page 43 | 10.08 Continuances

Matters still pending on the last day of a court term automatically continue to the next term without a further court order.

All causes and proceedings, civil, criminal, domestic relations, and other matters pending on the last day of a term are continued to the next term without further order of the Court.

Page 13 | 1.03 Term of Court

The retention period for case files may be extended on an individual basis.

Extension of the within retention period for case files may be made on an individual basis.

Page 16 | 1.10 F. Extension

An extension to file an opposition brief may be obtained on the same grounds and terms that apply to extensions of the objection deadline.

An extension of time for filing a brief may be obtained for the same reason and upon the same terms as set forth in section B. of this rule.

Page 25 | MAGISTRATE - RULE 4.00

The Court may waive the litigant’s endorsement requirement if counsel’s motion specifically explains the waiver request, confirms counsel advised the client of the continuance request and its reason and provided the client a copy, and authorizes service of the granting entry on the client.

The Court may waive the requirement that the litigant/moving party endorse the motion for a continuance if in the motion counsel states with specificity the reason for the request for the waiver and that counsel has advised the litigant-client of the request for continuance and the reason therefore, has provided a copy of the motion to the litigant-client, and authorizes the Court to serve a copy of the entry granting the continuance on the litigant-client.

Page 30 | 6.01 Continuance Policy

For a continuance request based on a same-day court appearance conflict, the Court gives priority to the first-assigned case, except that criminal cases take priority over civil cases.

When counsel requests a continuance for the reason that counsel is scheduled to appear in another case assigned on the same date, the Court will give priority to the case that was first assigned. Provided however, criminal cases shall have priority over civil cases. Counsel shall attach a copy of the conflicting entry or notice assigning the other case to the motion for continuance.

Page 31 | CONTINUANCES - RULE 6.00

After receiving all requested information, the judge must decide the petition within 60 days unless the petitioner requests and is granted an extension.

Once all information requested has been received, a Judge shall decide whether to Grant [CM 36] or Deny [CM 37] the Petition within sixty (60) days, unless Petitioner requests and is granted an extension of time.

Page 82

A person needing disability-related accommodations must notify the Court of the requirements at least 14 days before a scheduled appearance.

Any person who requires special accommodations because of a disability shall notify the Court of his or her special requirements at least fourteen (14) days before a scheduled court appearance.

Page 13 | 1.06 Special Accommodations

Counsel moving for default judgment must obtain the hearing date and time from the Court’s Assignment Commissioner by phone.

Counsel for the party moving for a default judgment shall obtain a date and time for a hearing from the Court’s Assignment Commissioner at (419-586-2122)

Page 35 | 9.02 Default Judgment Motions

The party moving to confirm a foreclosure sale must obtain the hearing date and time from the Court’s Assignment Commissioner by phone.

The party moving for confirmation of sale in a foreclosure proceeding shall obtain a date and time for hearing from the Court’s Assignment Commissioner at (419-586-2122)

Page 36 | 9.04 Confirmation of Sale

Debtor’s or creditor’s counsel must immediately notify the Court of any bankruptcy-court action that permits this Court to proceed.

Counsel for the debtor and/or a creditor shall immediately notify the Court of any action of the bankruptcy court which permits this Court to proceed with the case.

Page 37 | 9.06 Bankruptcy

Counsel must notify the Court if a party fails to cooperate or diligently attempt to comply with the Court’s pretrial orders.

Counsel is responsible for notifying the Court of any party’s failure to cooperate with other parties or to diligently attempt to comply with all pretrial orders of the Court.

Page 38 | 9.08 Final Pretrials

Counsel must immediately notify the Court when a case settles.

Counsel shall immediately notify the Court when a case has been settled.

Page 39 | 9.10 Settled Cases

Counsel who desires oral argument must notify the Court in writing at least 7 days before the assigned date; otherwise, oral argument is waived and the matter is deemed submitted.

Counsel shall notify the Court in writing not less than seven (7) days prior to the date assigned if counsel desires oral arguments. If no request for oral arguments is received, oral arguments shall be considered waived and the matter shall be deemed submitted.

Page 40 | 9.12 Administrative Appeals

The Mediator must tell the Court who attended, whether the case settled, and whether mediation efforts will continue or the case will return to court; other information may be communicated only with consent from all mediation-privilege holders, including the Mediator.

The Mediator shall inform the Court who attended the mediation, whether the case settled, and whether efforts to settle the case through mediation are being continued or if the case is being returned to the Court for further proceedings. No other information shall be directly or indirectly communicated by the Mediator to the Court, unless all who hold a mediation privilege, including the Mediator, have consented to such disclosure.

Page 44 | 10.16 Mediator=s Duty

Communications between the judge and jury panel during the specified period must be in writing or on the open-court record, and counsel must be informed and allowed to be heard.

All communications between the judge and members of the jury panel from the time of reporting to the courtroom for voir dire until dismissal shall be in writing or on the record in open court. Counsel for each party shall be informed of such communication and given the opportunity to be heard.

Page 97 | AB.17 Juror Orientation and Instruction

Counsel must notify the Court of any noncompliance with the scheduling order.

Counsel shall have the obligation of notifying the Court of any noncompliance with the scheduling order.

Page 34 | RULE 9.00 — CIVIL MATTERS

A telephonic scheduling conference requires leave of Court, and requesting counsel must arrange the call with all counsel of record at a Court-approved time.

The Court will conduct telephonic scheduling conferences only with leave of Court. Counsel requesting the telephonic scheduling conference will arrange the conference call with all counsel of record at a time approved by the Court.

Page 34 | RULE 9.00 — CIVIL MATTERS

Counsel and parties are encouraged to check with the Clerk periodically for changes to fees or deposits.

Counsel and parties are encouraged to periodically check with the Clerk of Court to determine if any changes have been made.

Page 17 | COSTS - RULE 2.00