Judge Julie R. Selmon
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Brief, Motion
- 1 copy • Upon Filing
Domestic Relations Motion
- 1 copy • Upon Filing
Exhibits
- 1 copy • Prior to Hearing or Trial or as Presented
Communication
Phone
Document Format Requirements3 rules
All documents filed with the Court must be on 8 ½ x 11 paper with straight edges, and legibly written or typed.
- Paper size
- Letter
- Filed document
Formatting
- •Paper must have straight edges
Pursuant to Local Rules, all original documents must be signed in blue ink.
The Court prefers that all filings are original documents in nature and bear the signature of the filing party or attorney in blue ink.
Document Filing Requirements46 rules
You must have a copy for the judge, opposing counsel and for yourself at your hearing or trial.
An application for a court order must be made by written motion stating its grounds and the relief sought.
Court's wording
Under Ohio Rules of Civil Procedure, Rule 7(B)(1), An application to the court for an order shall be by motion...shall be made in writing...shall state the grounds therefore and shall set forth the relief sought.
A certificate of service/statement that you have sent a copy to the other party or their attorney must be included on your documents.
- Document
- Document
Must include
- •Certificate of service
The mailing address of each party named in a praecipe for service of summons or notice, shall be stated therein
the address of the parties plaintiff shall be noted on the complaint or petition in some convenient place other than the caption thereof.
To specifically request otherwise, the request must contain the phrase "Not withstanding Local Rule VIII".
- Document
- Request for alternative service
Must include
- •Not withstanding Local Rule VIII
Domestic relations filings involving minor children must include the listed forms and information.
Court's wording
In all domestic relations cases (divorces, dissolutions and domestic relations post-decree actions) involving minor children, the court requires the following documents be filed at the time a complaint, answer, counter-complaint, petition or motion is filed. - -General Information Sheet for Domestic Relations Cases; - -Completed child support worksheet with current information as provided in R.C. 3119.02.2 and 3119.02.3; - -Application for Child Support Services (JFS 07076). - -Affidavit Regarding Public Assistance Benefits; - -Affidavit of Income and Expenses (Supreme Court of Ohio - Affidavit 1);** - -Affidavit of Property (Supreme Court of Ohio - Affidavit 2); - -Parenting Proceeding Affidavit R.C. 3127.23(A) (Supreme Court of Ohio - Affidavit 3); - -Health Insurance Disclosure Affidavit (Supreme Court of Ohio - Affidavit 4);
Domestic relations filings without children must include the listed forms and affidavits.
Court's wording
In all domestic relations cases (divorces, dissolutions and domestic relations post-decree actions) without children, the Court requires the following documents be filed at the time the complaint, answer or counter-complaint, petition or motion is filed: - -General Information Sheet for Domestic Relations Cases; - -Affidavit of Income and Expenses (Supreme Court of Ohio - Affidavit 1); ** - -Affidavit of Property (Supreme Court of Ohio - Affidavit 2); **
Mandatory Language for - (1) Separation Agreements in Divorce and Dissolution Actions with Minor Children - (2) Any Post-Degree Entry Regarding Child Support Modifications. The following mandatory language under Rule XIV is available via e-mail by contacting the Monroe County Common Pleas Court.
The Monroe County CSEA must prepare, issue, and file the income withholding order or notice with the Court.
Court's wording
The Monroe County CSEA shall prepare and issue the required Order/notice to Withhold Income and file the same with the Court within fourteen (14) days from the filing of the decree or entry, if applicable.
C) A certificate of attendance will be issued to each participant and a copy of the same filed and docketed in each domestic relations case that attendance is required.
The Order of Appointment must state the Guardian ad litem’s role, when the appointment ends, and that the Guardian ad litem will receive notice of all hearings and proceedings and copies of all filed case documents.
Court's wording
The Court shall enter an Order of Appointment which shall include: (a) A statement regarding whether a person is being appointed as a Guardian ad litem only or as a Guardian ad litem and attorney for the child. (b) A statement that the appointment shall remain in effect until discharged by order of the Court, by the Court filling a final order in the case or by Court rule. (c) A statement that the Guardian ad litem shall be given notice of all hearings and proceedings and shall be provided a copy of all pleadings, motions, notices and other documents filed in the case.
The Court shall make provisions for fees and expenses in the Order.
A Guardian ad Litem must provide the Court or its designee a training-compliance statement detailing each relevant course's date, location, contents, and credit hours.
Court's wording
A Guardian ad Litem shall be responsible for providing the Court or its designee with a statement indicating compliance with all initial and continuing education and training requirements so the Court may maintain the files required in division (G) of this rule. The Compliance statement shall include information detailing the date, location, contents and credit hours received for any relevant training course.
A Guardian ad Litem shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the Court and provide a copy to each party or other entity responsible for payment.
A Guardian ad Litem must prepare a written final report with recommendations and specified details about the work performed and information considered.
Court's wording
A Guardian ad Litem shall prepare a written final report, including recommendations to the Court, within the times set forth in this division. The report shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted and all other relevant information considered by the Guardian ad Litem in reaching the Guardian ad Litem's recommendations and in accomplishing the duties required by statute, by Court rule, and in the Court's Order of Appointment.
The Court must maintain applicant and approved Guardian ad Litem files containing required records and a training certificate or other satisfactory proof of compliance.
Court's wording
Maintain files for all applicants and for individuals approved for appointment as a Guardian ad Litem with the Court. The files shall contain all records and information required by this rule, and the Guardian ad Litem's certificate or other satisfactory proof of compliance with training requirements.
Require all applicants to submit a resume or information sheet stating the applicant's training, experience and expertise demonstrating the person's ability to successfully perform the responsibilities of a Guardian ad Litem.
Require all individuals on its list to certify annually they are unaware of any circumstances that would disqualify them from serving and to report the training they
Motions shall be accompanied by a memorandum stating the grounds therefore and citing the authority and points relied upon.
A foreclosure complaint must include an affidavit documenting the named plaintiff's ownership or holder status concerning the note and mortgage.
Court's wording
A foreclosure complaint shall be accompanied by an affidavit documenting that the named plaintiff is the owner and/or holder of the note and mortgage, whether the original mortgage or by later assignment, successor in interest or as a trustee for another entity.
If an interest is transferred to a new party after a complaint is filed, the complaint must be amended to reflect the transfer.
Court's wording
In pending cases, if interest in the matter is transferred to a new party after the complaint is filed, the complaint shall be amended to reflect the transfer, and all parties shall be served with the amended pleading.
In covered real-property actions, the party must file one of the specified title documents with the pleading seeking execution, except for the stated in rem tax foreclosure actions.
Court's wording
In every real property action subject to execution by sheriff's sale, with the exception of in rem tax foreclosure actions brought by the prosecuting attorney under R.C. 5721.18(C), the party shall file simultaneously with the pleading seeking execution, one of the following covering the subject real estate: (1) preliminary judicial report, (2) preliminary letter for guaranteed certificate of title, (3) a commitment for title guaranty, or (4) a commitment for
Notwithstanding cases where the Court prepares its own entries, counsel for the party in whose favor an order or judgment is rendered shall, within ten (10) days thereafter, unless further time is given by the Court, prepare the proper journal entry and submit the same to counsel for the adverse party or parties.
In every foreclosure action, the attorney must state whether taxes are challenged and whether the property is occupied, vacant, or abandoned.
Court's wording
In all foreclosure actions, the attorney shall designate whether or not taxes are challenged as to the amount and/or as to the priority of the first and best lien. The attorney shall also designate whether or not the property is occupied, vacant, or abandoned.
Each sale advertisement must state that purchasers must complete the purchaser form immediately after sale and pay the remaining purchase price within 30 days after the sale-confirmation entry is filed.
Court's wording
In each advertisement of sale, the Sheriff shall cause to be included, notice that anyone who purchases property at a Sheriff's sale must complete a Real Estate Judicial Sale Purchaser Form immediately following the sale, and notice that the remainder of the full purchase price shall be paid within thirty (30) days from the date Entry confirming Sale is filed.
The Order of Sale submission must include the listed case, judgment, property, appraisal, and applicable bankruptcy information and satisfy the stated alias-order prerequisite.
Court's wording
Information to be included with Order of Sale: - 1. Case caption and case number. - 2. Judgment Entry with file-stamped date. - 3. Property Description Approval Form (legal description attached). - 4. Whether property is to be appraised, reappraised or no appraisal or minimum bid set by attorney. - 5. Bankruptcy - if stay has been granted due to a bankruptcy and federal court has lifted the bankruptcy. Proof of this must be submitted with the Order of Sale. - 6. Alias Orders of Sale - the previous Order of Sale must have been previously returned by the Sheriff's Office before the new Orders of Sale can be issued.
If the status of the occupancy is unknown at the time of the filing of the complaint, the attorney shall certify the property's status by the way of affidavit within thirty (30) days of filing the foreclosure complaint.
Alias Orders of Sale - the previous Order of Sale must have been previously returned by the Sheriff's Office before the new Orders of Sale can be issued.
Pursuant to ORC 2329.271, anyone who purchases a property at a Sheriff's sale, including but not limited to , plaintiff, defendant, or third party MUST complete a Real Estate Judicial Sale Purchaser Information Form immediately following the sale.
The filed title update must show service of summons on all necessary parties.
Court's wording
The moving party shall file an update of the title evidence dated within thirty (30) days of the date of filing of the judgment of foreclosure and order of sales showing service of summons upon all necessary parties.
One (1) copy of the Property Description Approval Form MUST BE ATTACHED to the Praecipe for Order of Sale when submitted to the Clerk of Court's Office.
Said Property Description Approval Form shall state the legal description, parcel number and deed reference number (taken from the Property Deed) that has been approved and verified true by the Court Auditor/Property Transfer Division.
The Entry Confirming Sale must attest to the sale's legality, include the required statutory language, direct delivery of the deed, specify distributions, and direct the Sheriff to disburse the funds.
Court's wording
Said Entry shall attest to the legality of the sale and incorporate the language required under ORC 2329.27(B)(3) and order the Sheriff to deliver a deed to the purchaser as outlined in (1) of this Local Rule. Said Entry shall include distribution to the Clerk of Courts for court costs, the Treasurer for taxes, the Auditor for conveyance and transfer fees, and the Recorder for deed recording fee and shall also order the Sheriff to disburse said funds.
The Real Estate Judicial Sale Purchaser Information Form must be returned to the Clerk of Courts with the Order of Sale.
Such order shall therein specify for what period the temporary restraining order is effective, and the time at which and the place where such application for such preliminary or interlocutory injunction will be heard. This rule shall not apply in divorce or alimony proceedings.
A temporary restraining order in an action may issue without notice to the adversary parties for the purpose of preserving the status quo of the parties or controversies until an application for a preliminary or interlocutory injunction may be heard, and may only issue for good case stated in the pleadings, or affidavit filed therein, for a period of not more than ten (10) days.
In the event any information is filed, the prosecuting attorney shall furnish the Court with a copy thereof.
The prosecuting attorney at the close of each grand jury session shall furnish the court with a copy of all indictments returned.
Pursuant to Local Rule XIII, a General Information Sheet for Domestic Relations Cases shall be presented to the Clerk at the time any divorce, dissolution or post-decree action is filed
In all civil cases filed with the Clerk of Courts, a General Information Sheet for Civil Cases shall be presented to the Clerk at the time any action is filed in the Court of Common Pleas, when an answer is filed or when any other pleading which opens a case is filed.
- Document
- Civil case filing
Must include
- •General Information Sheet for Civil Cases
THE ENCLOSED PERSONAL AND PRIVATE INFORMATION HAS BEEN DEEMED BY THE COURT AS NON-PUBLIC. IT IS FOR THE USE OF THE COURT AND CLERK OF COURT'S OFFICE ONLY. ANY OTHER PERSON MUST HAVE A COURT ORDER TO VIEW THE CONTENTS OF THIS ENVELOPE.
Letters to the Court do not constitute proper filings.
All documents should include the case caption (Names) and case number.
Supporting data, where appropriate, may be submitted in the form of affidavit, deposition or other writings.
All personal and private information such as social security numbers should be listed on the General Information Sheet for civil cases which will be kept in a separate envelope within the case file.
Filing & Service rules
Electronic Filing Rules
Facsimile filings are not accepted by the Court.
The Court does not accept facsimile filings.
Page 1 | Representing Yourself
For an accepted faxed or emailed filing, no additional original pleading is required; the filing party must ensure the Clerk processes it, and the Clerk processes it as an original.
If the Court accepts a faxed or emailed filing, no additional or original pleadings will need to be filed. It is the sole responsibility of the filing party to ensure that a faxed or emailed filing has been processed by the Clerk of Courts. The Clerk of Courts shall process the faxed or emailed document as an original document.
Page 5 | RULE IV — ORIGINAL DOCUMENTS
Faxed or emailed filings may be used in certain circumstances; attorneys should limit requests to emergencies or time-critical matters, and the Court may revoke the privilege for abuse.
The Court recognizes that certain circumstances arise that may require a filing to be faxed or emailed. Attorneys should limit the request for faxed or emailed filings to those that are of an emergency or time-critical in nature. The Court reserves the right to revoke this privilege from any attorney who appears to be abusing the privilege.
Page 5 | RULE IV — ORIGINAL DOCUMENTS
Filing Timing and Cure Windows
Parties must provide updated information within seven days of the final disposition hearing, and the Court will not proceed to hearing if it is provided after that deadline.
The parties have an on-going duty to provide the Court with updated information. All updated information must be provided to the Court within seven (7) days of the final disposition hearing. If the information is provided to the Court after the seven (7) day deadline, the Court will not proceed to hearing.
Page 9 | RULE XIII — DIVORCE, DISSOLUTION, DOMESTIC RELATIONS POST-DECREE ACTIONS
The listed documents must be filed when the complaint, answer, counter-complaint, petition, or motion is filed in a domestic relations case without children.
In all domestic relations cases (divorces, dissolutions and domestic relations post-decree actions) without children, the Court requires the following documents be filed at the time the complaint, answer or counter-complaint, petition or motion is filed:
Page 9 | RULE XIII — DIVORCE, DISSOLUTION, DOMESTIC RELATIONS POST-DECREE ACTIONS
The listed documents must be filed when the complaint, answer, counter-complaint, petition, or motion is filed in a domestic relations case involving minor children.
In all domestic relations cases (divorces, dissolutions and domestic relations post-decree actions) involving minor children, the court requires the following documents be filed at the time a complaint, answer, counter-complaint, petition or motion is filed.
Page 9 | RULE XIII — DIVORCE, DISSOLUTION, DOMESTIC RELATIONS POST-DECREE ACTIONS
The CSEA must file the income withholding order or notice within fourteen days from filing of the decree or entry, if applicable.
The Monroe County CSEA shall prepare and issue the required Order/notice to Withhold Income and file the same with the Court within fourteen (14) days from the filing of the decree or entry, if applicable.
Page 13
The final report must be available to the parties for inspection at least seven days before the final hearing, unless the Court extends the due date.
Proceedings involving the allocation of parental rights and responsibilities, the final report shall be submitted to the Court under seal and made available to the parties for inspection no less than seven (7) days before the final hearing unless the due date is extended by the Court.
Page 22 | (F) REPORTS OF GUARDIANS AD LITEM
The proper journal entry must be prepared within 10 days after the order or judgment, unless the Court prepares it or gives further time.
Notwithstanding cases where the Court prepares its own entries, counsel for the party in whose favor an order or judgment is rendered shall, within ten (10) days thereafter, unless further time is given by the Court, prepare the proper journal entry and submit the same to counsel for the adverse party or parties.
Page 24 | RULE XX — JOURNAL ENTRIES
The required title document must be filed simultaneously with the pleading seeking execution, except in the stated in rem tax foreclosure actions.
In every real property action subject to execution by sheriff's sale, with the exception of in rem tax foreclosure actions brought by the prosecuting attorney under R.C. 5721.18(C), the party shall file simultaneously with the pleading seeking execution, one of the following covering the subject real estate: (1) preliminary judicial report, (2) preliminary letter for guaranteed certificate of title, (3) a commitment for title guaranty, or (4) a commitment for
Page 24 | RULE XXII — FORECLOSURE ACTIONS
The moving party must file an updated title evidence showing service on all necessary parties within 30 days of filing the foreclosure judgment and order of sale.
The moving party shall file an update of the title evidence dated within thirty (30) days of the date of filing of the judgment of foreclosure and order of sales showing service of summons upon all necessary parties.
Page 25 | RULE XXII — FORECLOSURE ACTIONS
The occupancy-status affidavit is due within 30 days after the foreclosure complaint is filed when occupancy status was unknown at filing.
If the status of the occupancy is unknown at the time of the filing of the complaint, the attorney shall certify the property's status by the way of affidavit within thirty (30) days of filing the foreclosure complaint.
Page 25 | RULE XXII — FORECLOSURE ACTIONS
Counsel must submit the praecipe for orders of sale to the Clerk of Courts within 45 days after the judge signs the final judgment entry.
Praecipe for Orders of Sale shall be submitted by counsel to the Monroe County Clerk of Courts within 45 days after the signing of the Final Judgment Entry by the Judge.
Page 25 | RULE XXII — FORECLOSURE ACTIONS
The Entry Confirming Sale must be filed with the Court within 30 days after the sale.
said Entry shall be filed with the Court within 30 days of the date of sale.
Page 26 | RULE XXII — FORECLOSURE ACTIONS
The Entry Confirming Sale must be presented to the Court within 20 days after the sale.
An Entry Confirming Sale shall be presented to the Court within 20 days of the date of sale
Page 26 | RULE XXII — FORECLOSURE ACTIONS
The Sheriff must return the Order of Sale within 60 days after it is filed with the Clerk of Courts.
The Sheriff shall return the Order of Sale within 60 days after it has been filed with the Clerk of courts.
Page 26 | RULE XXII — FORECLOSURE ACTIONS
The Sheriff must record the deed within 14 business days after receiving the purchaser’s payment.
The Sheriff shall record the deed with the Monroe County recorder within 14 business days after receiving payment from the purchaser.
Page 27
Service and Proof of Service Rules
Pleadings and other papers filed after the original complaint must be served on each party or the party’s attorney by hand delivery or regular mail.
Under Civ.R.5, service of filing of pleadings and other papers subsequent to the original complaint, shall be served upon each of the parties or the attorney by hand delivering a copy to the person to be served or by regular mail.
Page 1 | Representing Yourself
Service and return of writs, process, and summons must follow the Rules of Civil Procedure, except for jury-duty summons or where law expressly provides otherwise.
Service and return of all writs, process and summons, except summons for jury duty, or as otherwise expressly provided by law, shall be made in accordance with the Rules of Civil Procedure.
Page 6 | RULE VII — SERVICE AND PROCESS BY MAIL
When filing a complaint or petition, the filer must give the Clerk a true copy for each defendant, and the Clerk delivers the copies under the Rules of Civil Procedure.
(A) Upon the filing of a complaint or petition, the person filing shall furnish the Clerk a true copy thereof for each party-defendant, and the Clerk shall deliver such copy or copies in accordance with the Rules of Civil Procedure.
Page 6 | RULE V — COPIES OF PLEADINGS AND SERVICE THEREOF
A filer must promptly serve each subsequent filing on opposing counsel and unrepresented parties by an effective method and include proof stating the time and manner of service.
(B) A true copy of each subsequent pleading, motion, brief, memorandum or other papers filed in any case shall be served forthwith by the parties or counsel for the parties, filing the same upon opposing counsel and each party not represented by counsel. Such service upon opposing counsel or a party not having counsel may be made in any manner reasonably calculated to be effective. Proof of service, including the time, and manner thereof, shall accompany all papers filed either by endorsement thereon or separate papers or affidavits.
Page 6 | RULE V — COPIES OF PLEADINGS AND SERVICE THEREOF
Unless another method is specifically requested, the Clerk may serve summons and complaint on the named county officials by delivering them to their offices.
Unless specifically otherwise requested, service of summons and complaint upon the Monroe County Treasurer, the Monroe County Auditor or the Monroe County Recorder may be made by the Clerk of Courts delivering said summons and complaint directly to the office of such official.
Page 7 | RULE VIII — SERVICE ON PUBLIC OFFICES
A publication request must not be submitted for publication without an approved court order.
Publication requests without an approved Order of the Court shall not be submitted for Publication.
Page 7 | RULE IX — PROCESS: SERVICE BY PUBLICATION
The Clerk must also post the notice in a conspicuous place in the Woodsfield courthouse.
In addition to the two public places herein designated, the Clerk of Courts shall post notice in a conspicuous place in the court-house in Woodsfield.
Page 7 | RULE IX — PROCESS: SERVICE BY PUBLICATION
Service is complete when the Clerk files a notice of service with a receipt signed by the official or an authorized agent.
Service shall be deemed complete upon the Clerk filing a notice of such service with receipt signed by the Treasurer, Auditor or Recorder or duly authorized agent thereof.
Page 7 | RULE VIII — SERVICE ON PUBLIC OFFICES
Publication is permitted only after all certified-mail or regular-mail attempts have been exhausted.
It is only after that all Certified or Regular Mail attempts have been exhausted will this Court permit Publication.
Page 7 | RULE IX — PROCESS: SERVICE BY PUBLICATION
When publication is timely, plaintiff’s counsel must submit the proper publication requests along with an order for the judge to certify.
When the Publication time is ripe, counsel for Plaintiff shall submit all proper requests for Publication, along with an Order in which the Judge shall certify.
Page 7 | RULE IX — PROCESS: SERVICE BY PUBLICATION
If certified mail is returned as “Unknown Address” or for a similar reason, the Court permits service on that defendant by publication.
If in the event the Certified Mail is returned for an "Unknown Address" or a stated reason similar in nature, the Court will then permit service via Publication to be completed on that individual Defendant.
Page 7 | RULE IX — PROCESS: SERVICE BY PUBLICATION
In civil matters with multiple defendants requiring service, each party with a known address must be served by certified mail.
In Civil matters containing multiple Defendants who require service, the Court requires all parties with a known address to be served via Certified Mail.
Page 7 | RULE IX — PROCESS: SERVICE BY PUBLICATION
For publication notices under Civil Rule 4.4, the designated public places are the post offices at Beallsville and Sardis, Ohio.
In accordance with Civ. R. 4.4, the Court hereby designates the United States Post Offices at Beallsville and Sardis, Ohio as the two public places in the county for the posting of notices pursuant to the rule.
Page 7 | RULE IX — PROCESS: SERVICE BY PUBLICATION
If certified mail is returned as “Unclaimed” or for a similar reason, service on that defendant must first be attempted by regular U.S. mail before publication.
If in the event the Certified Mail is returned as "Unclaimed" or a stated reason similar in nature, the Court will require service upon that individual Defendant to be attempted via Regular U.S. Mail prior to service by Publication.
Page 7 | RULE IX — PROCESS: SERVICE BY PUBLICATION
A Guardian ad Litem must provide a copy of the filed itemized statement and accounting to each party or other entity responsible for payment.
A Guardian ad Litem shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the Court and provide a copy to each party or other entity responsible for payment.
Page 20 | RULE XVII — GUARDIAN AD LITEM
Each required motion memorandum must include at its front or back a statement, proof, or indication that the motion and memorandum were served on opposing counsel or unrepresented opposing parties.
There shall be included at the front or back of each memorandum, which, by the terms of this rule is required to accompany each motion, a statement, proof or indication of service of such motion and memorandum upon opposing counsel or opposing parties if not represented by counsel.
Page 23 | RULE XIX — HEARING AND SUBMISSION OF MOTIONS
All parties must be served with the amended pleading reflecting a post-filing transfer of interest.
In pending cases, if interest in the matter is transferred to a new party after the complaint is filed, the complaint shall be amended to reflect the transfer, and all parties shall be served with the amended pleading.
Page 24 | RULE XXII — FORECLOSURE ACTIONS
Counsel must submit the journal entry to counsel for the adverse party or parties.
Notwithstanding cases where the Court prepares its own entries, counsel for the party in whose favor an order or judgment is rendered shall, within ten (10) days thereafter, unless further time is given by the Court, prepare the proper journal entry and submit the same to counsel for the adverse party or parties.
Page 24 | RULE XX — JOURNAL ENTRIES
If the Clerk cannot certify that the filing party properly submitted a filing to all relevant parties, the Clerk must forward a copy to all relevant parties.
In any event in which the Clerk of Courts cannot certify that a copy of any filing was properly submitted to all relevant parties in a case by the filing party, the Clerk shall forward a copy of the filing to ALL relevant parties.
Page 24 | RULE XX — JOURNAL ENTRIES
If the Clerk cannot certify that the filer submitted a filing to all relevant parties, the Clerk must forward it to all relevant parties, and postage may be assessed as court costs.
In any event in which the Clerk of Courts cannot certify that a copy of any filing was properly submitted to all relevant parties in a case by the filing party, the Clerk shall forward a copy of the filing to ALL relevant parties. Cost of postage may be assessed as Court costs.
Page 6 | RULE V — COPIES OF PLEADINGS AND SERVICE THEREOF
Filing Fees and Waivers
The appropriate court-costs deposit must be paid when documents are filed.
The appropriate court costs deposit must be paid at the time of filing documents.
Page 1 | Representing Yourself
Motions other than new trials and appeals from them, executions, aid of execution, and contempt require a $60 deposit.
Motions, (except new trials and appeals | | | therefrom), executions aid of execution | | | and contempt | $ 60.00
Page 8 | RULE XII — COSTS
A foreclosure action requires a $1,000 deposit, including prepaid publication for the first order of sale and real auction fees.
| Foreclosure action | $1,000.00 | | (Includes prepaid publication for first Order | | | of Sale and Real Auction fees) | |
Page 8 | RULE XII — COSTS
The cost deposit for an answer or counterclaim is $200.
| Answer and/or counterclaim | $200.00 |
Page 8 | RULE XII — COSTS
A cost deposit must accompany pleadings, motions, and requests for writs filed with the Clerk, with the applicable amount set by the fee schedule.
The following deposits for securing costs shall be made with all pleadings motions and requests for writs filed with the Clerk of Courts.
Page 8 | RULE XII — COSTS
A change-of-custody proceeding requires a $100 deposit.
| Change of custody proceedings | $100.00 |
Page 8 | RULE XII — COSTS
Each additional order of sale requires a $300 deposit.
| -additional Orders of Sale | $300.00 each |
Page 8 | RULE XII — COSTS
Execution, attachment, and garnishment proceedings require a $100 deposit.
Execution attachment and garnishment | | | proceedings | $100.00
Page 8 | RULE XII — COSTS
The cost deposit for a complaint other than in a domestic relations case is $200.
| Any complaint (other than in a domestic relations case | $200.00 |
Page 8 | RULE XII — COSTS
A divorce or dissolution, with or without minor children, requires a $200 deposit.
| Divorce dissolution (with or without minor children) | $200.00 |
Page 8 | RULE XII — COSTS
A Court of Appeals filing deposit is $101.
| Court of Appeals filing deposit | $101.00 |
Page 8 | RULE XII — COSTS
A Cognovit Note requires a $100 deposit.
| Cognovit Note | $100.00 |
Page 8 | RULE XII — COSTS
A $200 cost deposit is required before filing a divorce complaint or counter-complaint or dissolution petition, but the Clerk must accept the filing if a party unable to pay submits an affidavit.
No complaint or counter-complaint for divorce or petition for dissolution of marriage shall be filed until the parties deposit ($200.00) for costs. If a party is unable to make such a deposit and files an affidavit to that effect, the Clerk shall accept the complaint, counter-complaint or petition for filing.
Page 9 | RULE XIII — DIVORCE, DISSOLUTION, DOMESTIC RELATIONS POST-DECREE ACTIONS
Conveyance fees are not waived for real estate transfers in which Fannie Mae or Freddie Mac is the grantor or grantee.
Conveyance fees are not waived for real estate transfers where Fannie Mae or Freddie Mac are the grantor or grantee.
Page 26 | RULE XXII — FORECLOSURE ACTIONS
All transcript fees must be prepaid.
All Fees must be PREPAID
Page 1 | Transcripts
A party may show inability to pay costs as provided by law.
A party is not prohibited from showing an inability to pay costs as provided by law.
Page 8 | RULE XII — COSTS
Courtesy Copy Requirements
A copy of each ordered brief and filed motion must be delivered directly to the Court when the document is filed.
C) A copy of all briefs ordered and of all motions filed in any case shall be delivered directly to the court upon the filing of the same.
Page 6 | RULE V — COPIES OF PLEADINGS AND SERVICE THEREOF
When filing a domestic relations motion, counsel must furnish the court with one copy.
Counsel for the parties shall, upon the filing of a domestic relations motion, furnish the court with a copy thereof.
Page 28 | RULE XXVI — CASE MANAGEMENT PROGRAM, I Civil/Domestic Relations Cases
One courtesy copy of exhibits must be provided to the Court before the hearing or trial, or as the exhibits are presented.
A courtesy copy of any and all exhibits which will be presented during court hearings and/or trials shall be provided to the Court, prior to the hearing/trial or as they are presented.
Page 38 | RULE XXX — EXHIBITS
Sealing & Redaction Procedures
A Guardian ad Litem must limit case disclosures to reports to the Court or what is necessary for the role, protect specified confidential information, and may recommend restricted report access after trial; the Court may order access under protective conditions upon application.
As an officer of the court, a Guardian ad Litem shall make no disclosures about the case or the investigation except in reports to the Court or as necessary to perform the duties of a Guardian ad Litem. A Guardian ad Litem shall maintain the confidential nature of personal identifiers, as defined in Rule 44 of the Supreme Court's Rules of Superintendence, or addresses where there are allegations of domestic violence or risk to a party's or child's safety. A Guardian ad Litem may recommend that the Court restrict access to the report or a portion of the report, after trial, to preserve the privacy, confidentiality, or safety of the parties or the person for whom the Guardian ad Litem was appointed in accordance with Rule 45 of the Supreme Court's Rules of Superintendence. The Court may, upon application, and under such conditions as may be necessary to protect the witnesses from potential harm, order disclosure of or access to the information that addresses the need to challenge the truth of the information received from the confidential source.
Page 20 | RULE XVII — GUARDIAN AD LITEM
In proceedings involving allocation of parental rights and responsibilities, the Guardian ad Litem's final report must be submitted under seal.
Proceedings involving the allocation of parental rights and responsibilities, the final report shall be submitted to the Court under seal and made available to the parties for inspection no less than seven (7) days before the final hearing unless the due date is extended by the Court.
Page 22 | (F) REPORTS OF GUARDIANS AD LITEM
Personal and private information, including Social Security numbers and full financial account numbers, may not be included in a public record; an account number may be listed in the partial form shown.
The following information is deemed “personal and private” and may not be included in a public record: - 1. Social security number; - 2. Full financial account number (may be listed as e.g. “— 1234”); and - 3. Any other information deemed personal and private by any federal or sate statute, regulation, executive order, or court ruling.
Page 38 | RULE XXXII — PROTECTION OR PERSONAL AND PRIVATE INFORMATION IN RECORDS OF THE COURT
Personal and private information must be filed separately as a non-public record and kept in a separate envelope in the case file.
Personal and private information must be submitted in a separate filing which will be deemed by the Court as non-public record. The information will be kept in a separate envelope within the case file marked as follows:
Page 39 | RULE XXXII — PROTECTION OF PERSONAL AND PRIVATE INFORMATION IN RECORDS
The filing party and counsel are responsible for removing personal and private information from filings, including attached exhibits and addenda.
It is the responsibility of the filing party and counsel to remove personal and private information from a document filed with the Clerk of Court's office. The responsibility of the filing party and counsel to remove personal and private information extends to and includes exhibits or addenda attached to filings, such as preliminary and final judicial reports which itemize state tax liens that use social security numbers a case numbers, or medical records.
Page 39 | RULE XXXII — PROTECTION OF PERSONAL AND PRIVATE INFORMATION IN RECORDS
All personal and private information such as social security numbers should be listed on the General Information Sheet for civil cases which will be kept in a separate envelope within the case file.
All personal and private information such as social security numbers should be listed on the General Information Sheet for civil cases which will be kept in a separate envelope within the case file.
Page 38 | RULE XXXII — PROTECTION OR PERSONAL AND PRIVATE INFORMATION IN RECORDS OF THE COURT
Personal and private information should be listed on the General Information Sheet for Domestic Relations Cases, which is kept in a separate envelope.
Any personal and private information such as social security numbers and account numbers, should be listed on the General Information Sheet for Domestic Relations Cases which will be kept in a separate envelope within the case file.
Page 39 | RULE XXXII — PROTECTION OF PERSONAL AND PRIVATE INFORMATION IN RECORDS
The Clerk and Deputy Clerks are not responsible for removing personal and private information from public documents.
The Clerk or Deputy Clerks shall have no responsibility for the removal of any personal and private information filed in a public document in the Monroe County Clerk of Court's office.
Page 39 | RULE XXXII — PROTECTION OF PERSONAL AND PRIVATE INFORMATION IN RECORDS
The Clerk or Deputy Clerks will remove personal and private information from a stamp-filed document only with a court order.
The Clerk of Courts or Deputy Clerks will not remove any personal and private information from a stamp-filed document, including records or transcripts transmitted to this Court from another Court, without a court order to do so.
Page 39 | RULE XXXII — PROTECTION OF PERSONAL AND PRIVATE INFORMATION IN RECORDS
A party, attorney, or other person whose personal and private information appears in a public court record may petition for its removal; if granted, the information is removed, placed in a separate envelope, and deemed non-public.
A party or an attorney in a case, or any other person whose personal and private information is contained in a public record of this Court may petition the Court for the removal of personal and private information, and if the request is granted, the personal and private information will be removed from a stamp-filed document and placed in a separate envelope and deemed non-public record.
Page 39 | RULE XXXII — PROTECTION OF PERSONAL AND PRIVATE INFORMATION IN RECORDS
Personal and private information in documents filed before the rule took effect, and in records or transcripts transmitted from another court, is considered public.
Any personal and private information in documents filed prior to the implementation of this Rule is considered public. Any personal and private information in records or transcripts transmitted to this court from another Court is considered public.
Page 39 | RULE XXXII — PROTECTION OF PERSONAL AND PRIVATE INFORMATION IN RECORDS
In domestic relations cases, personal and private information may be omitted from documents required to be filed under Local Rule XIII.
In all domestic relations cases, the personal and private information may be eliminated on all documents required to be filed under Local Rule XIII.
Page 38 | RULE XXXII — PROTECTION OR PERSONAL AND PRIVATE INFORMATION IN RECORDS OF THE COURT
Pre-Motion Conference Requirements
Opposing counsel may file a memorandum within 14 days after service of the motion, and the moving party may reply within 7 days after service of the opposing memorandum; the matter is then deemed submitted unless the Court orders otherwise.
Within fourteen (14) days after service of a copy of such motion, opposing counsel may file a like memorandum. The moving party may file a reply memorandum within seven (7) days after being served with such answer memorandum. Upon expiration of the time for filing memorandums, the matter shall be deemed submitted unless otherwise ordered by the Court.
Page 23 | RULE XIX — HEARING AND SUBMISSION OF MOTIONS
An oral hearing will be held only if counsel requests one or the Court grants leave.
Oral hearing will not be held unless requested by counsel or by leave of the Court.
Page 23 | RULE XIX — HEARING AND SUBMISSION OF MOTIONS
Chambers Communication Rules
A Guardian ad Litem must maintain independence, objectivity, and fairness and must not communicate ex parte with the Court about the merits.
A Guardian ad Litem shall maintain independence, objectivity and fairness as well as the appearance of fairness in dealings with parties and professionals, both in and out of the courtroom and shall have no ex parte communications with the Court regarding the merits of the case.
Page 18 | D) RESPONSIBILITIES OF THE GUARDIAN AD LITEM
When a Guardian ad Litem identifies a conflict between the child's best interest and wishes, the Guardian ad Litem must promptly request in writing that the Court resolve it.
When a Guardian ad Litem determines that a conflict exists between the child's best interest and the child's wishes, the Guardian ad Litem shall, at the earliest practical time, request in writing that the Court promptly resolve the conflict by entering appropriate orders.
Page 19 | RULE XVII — GUARDIAN AD LITEM
The Judge may not speak with any party about any matter.
The Judge is not permitted to speak with any party regarding any matter.
Page 1 | Talking With The Judge
One-sided communications with the Judge are ex parte and highly improper.
This one-side conversation is considered “ex parte” communication and is highly improper.
Page 1 | Talking With The Judge
Even if no case is pending, the Judge cannot discuss a person's situation because it could lead to a case being filed.
Further, even if you do not have a case pending in the Court, the Judge cannot talk to you about your situation because it may result in a case being filed before the Court.
Page 1 | Talking With The Judge
In an existing case, the Judge cannot speak with one party unless the other party is present.
If it is an existing case, the Judge cannot speak to one party without the other party being present.
Page 1 | Talking With The Judge
Do not contact the judge’s office to ask whether a decision has been issued.
Do not contact the judge's office to ask whether a decision has been issued.
Page 1 | GENERAL INFORMATION
A Guardian ad Litem must perform responsibilities promptly and timely; an attorney Guardian ad Litem may, if necessary, request timely Court review or intervention in writing with notice to parties and affected agencies.
A Guardian ad Litem shall perform responsibilities in a promptly and timely manner, and, if necessary, an attorney Guardian ad Litem may request timely Court reviews and judicial intervention in writing with notice to parties and affected agencies.
Page 20 | RULE XVII — GUARDIAN AD LITEM
Contact court reporter John A. Yocca by email for transcript estimates.
Contact John A. Yocca for estimates at johnyocca@monroecountyohio.com
Page 1 | Transcripts
The Court highly recommends making an appointment with the Judge by phone before coming to the Common Pleas Court.
It is highly recommended that an appointment be made with the Judge prior to coming to the Common Pleas Court by calling 740-472-0841
Page 1 | Protection Orders
You may contact the Clerk of Courts to check whether a decision has been filed.
You may, however, contact the Clerk of Courts to see if a decision has been filed.
Page 1 | GENERAL INFORMATION
Contact the Monroe County Common Pleas Court by email to obtain the mandatory Rule XIV language.
The following mandatory language under Rule XIV is available via e-mail by contacting the Monroe County Common Pleas Court.
Page 10 | RULE XIV — MANDATORY LANGUAGE REQUIRED IN DOMESTIC RELATIONS CASES