Pike County Court of Common Pleas, General & Domestic Relations Divisions
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements1 rule
Original pleadings, motions invoking continuing jurisdiction, and journal entries must be legible, prepared on specified white paper, double-spaced except for quoted matter, and attached at the upper left.
C.. All Q·~iginal _pleadings, mcitlons to invoke the continuing jurisd,Jctk>n of the Court and journal. entries sha,D b~ neatly and l~gibly typewritten cir type$,et by .a standard typographic, word processing, or desktop process using- black medium··on-opaque, .'. unglazed white paper, 8 ½'.by 11 inches .in size, without backing or cover. Lines. bf text should be double spac!;id_except quoted matter which should.be single spaced. Consecutive sheets shall b~ stapled or ptherwise firmly attached afthe upper left m~rgin_..
Document Filing Requirements35 rules
the ·pub lie. c~ file. ·: . . D. Th~ public case file shall con~ in place of the document contain~d in the family file, a Notice ·of Filing prepared by the Clerk re.ijecting· the- filing of the document maintaine4 in ~e family file and _the date thereof.
DocumentNotice Of Filing
4. All Petitions submitted through the DRC shall include electronic.·access to the Departm~t of Reltabilitation and Corrections CQE_ Summary (CQE Summary).
DocumentPetition
A qualifying petitioner must file the specified cover sheet with the Clerk, include the DRC Electronic Petition Number, and attach the completed electronic petition.
3. In. ord~; bl request a CQE, a Petitioner who r~ides in Pike ·eotmi;,: Qhio, shall file the Cover S:heet ["P~tition for ~i.1:ificate 9f Qualification for Employment (RC 2953~25)''- PormA--attached] with.the ~!erk of Courts of Pike Coqnty. The feti.tioner sliall include the DRC Electronic Petition Number on the Cover Sheet, an~ shall a~ch a cqpy of the fully completed Electronic P~tition.
DocumentPetition
The Clerk must give the petitioner written notice of the decision; if denied, the notice must state any conditions on later petitions and explain that the denial is a final, appealable order.
14. The Clerk of Courts shall provide a written notjce to the Petitione, of the Court's Decision and Judgment Entry. If the Petition is denied; the.written notice to ~e Petition~r shall incl1=1de the conditions, if any, placeµ on th~ Petitioner~s :filing of any subsequent petition for a certificate of qualification for employment, and shall include -language notifying the Petitioner that the denial of the Petition is a final, ajlpealable or4er.
DocumentNotice Of Decision
(D) Each parent and other party ordered to a~*Jlfiod,6$:~1n tioned in division (A) of this R~le shall furnish the Court with 'tten proof completion of e class, in the form of a certificate of completion, or other writt proof ~faciujfit1the Co rt, within seven (7) days after that' par_ty completes the class.
DocumentCertificate Of Completion
A certificate of class completion or other sufficient evidence of completion must be filed with the Clerk before the Court may schedule a hearing or award parental rights.
PLEASE NOTE: THE ·coURT MAY NOT SCHEDULE A HEARING IN: YOUR CASE, OR MAY NOT AWARD YO'(J PARENTAL RIGHTS IN YOUR CASE, UNTIL YOU HAVE FILED A CERTIFICATE OF COMPLETION OF THE CLASS, OR OTHER SUFFICIENT EVIDENCE OF COMPLETiON OF THB CLASS, Wim THE OFFICE OF THE CLERK OF COURTS, 100 E. sncoNi:>-sTREBT, WAVEitY,_ o~o 45690.
DocumentClass Completion Certificate
(D) Each party completing the class shall-fumisb 1he _Court with.proof of such party's completion m the f~rm. of .ce~ of completion, or other written proof to the satisfaction. of the ~ in 1he name of such party, within~ (1) days after that~ CQinpletes thechlss.
DocumentClass Completion Proof
The required class notice and scheduling information must be filed with a new parenting proceeding or, as applicable, a motion to modify.
Notice 'bfthe'requiiement of COilJ)letion ofihe kind of.class ~mioned in division . (A) Qf 1µis Rule;. an4 ~ormation regardmg 11w phone number or tlie ~ n who·•~;nay be · QOntaoted to sohedu_le attenda.nctrat the c'Families In Transition" ol~ a~ministP.red by Jl!x' Chilg·· P~oteqtion Center sl;udf be ·vt9vided by the 9lerk of Courts:and· shall' b~ -~e,-witlr~ ,• E ~ ·. . ! ·; ~y_ new parenting-pr~edmg or.with the ·motion to as applicab!.
DocumentNew Parenting Proceeding Or Motion To Modify
The motion must be accompanied by an affidavit setting forth the date on which the absent party left the premises, the number of days of continuous absence immediately preceding the filing of the motion and affirmatively that the movant has resided in the premises during the entire 30 day period immediately preceding the filing of the motion.
DocumentMotion
If any r~quirea information is not known, and oann.ot with ~eason¢1e diligence be ascertarn~d, a pertif~ate to that effect .shalJ be set. forth ]n' the pleading " . O( motion.
DocumentPleading Or Motion Invoking Continuing Jurisdiction
A. Al' ,plea~ings, ·motions, .and other .~lings shall comply in form and· content with'"'· the .Ohio Rules of.Civil Procedure and these Rules.
DocumentPleading, Motion, Or Other Filing
A pleading or motion invoking the court’s continuing jurisdiction must have a caption identifying the court, each spouse’s listed identifying information, the case number, and the pleading or motion.
Every pie~airig ~nd-moti~n to·i~voice·the ~ntinuing- j1;:1risdictibn~~f:tb·e-cpurt: shaJI contain ·a QSP.tiOn setting forth: 1. that it is ·IN THE COURT OF. ,COMMON :PLEAS OF PIKE COUN,:V, :QHfq; 2. the name, mailing address in~luding ziri'c6~e;· ,socit;if · Security ~umber.,:,ai:l<:f date ·of birth of ~ach sp.ou_se; 3. ·the·.case _number; :·and a designation•iden~ifying the.piE!ading or natµre of the motion..
DocumentPleading Or Motion Invoking Continuing Jurisdiction
Every orig.inal pleading or motion of a party rep'resent~d-by an Attomey shall·be:signed by at least one Attorney in his/her individual name. whose ·busJness address, phone ~umber and Attorney registration number shaU be stated.
DocumentOriginal Pleading Or Motion
Affidavits -In· support of motion for temporary restraining ·orders shall comply with the requiremf!nts of Civ. R. 75 (H) (2)~
DocumentTemporary Restraining Order Motion Affidavit
An ex parte temporary order granting a spouse exclusive use of a vehicle may be granted only after the specified information is presented by affidavit.
Ex p'arte tertlporary.·orders granting exclusive use 6f a ·o~~~gftia; · · spouse shall be granted only after information regarding need, own r s ~ . · insurance coverage, status of driver'~ license and customary use of the parties' vehicles has been presented ·by· affidavit
DocumentAffidavit Supporting Ex Parte Vehicle Order
The first pleading. or motion to Jnvo~e the continuing jurisdicti9~ ·of the Court of a party in a parenting proceeding a~ defi()ed in ORC 3109.21. (C) ·sh~frbe , .. accompani~? by-the affidavit requjred by ORC 3109.27.
DocumentFirst Pleading Or Motion
A ~~-rty se~king a temporary restra.ining order shall submit ~ proP,osed order which stiall comply. w~f)-the:requirements of Civ. R. 65 (D).
DocumentTemporary Restraining Order Motion
No temporary order shall be issued by the Court until the requesting party delivers to the Assignment Commissioner a written Request and Notice indicating that service of the appropriate documents has been completed and the time has passed for filing counter-affidavits.
DocumentTemporary Order Request And Notice
Requests for pendente lite spousal support or temporary allocation of parental rights and responsibilities must be made by separate motion with supporting affidavits.
Requests for allowance of spousal support pendente lite and/or for temporary orders allocating parental rights and responsibilities during the pendency of the action shall be made by separate motion with supporting affidavits served as required by the Civil Rules; and shall be determined by the Court pursuant to Civ. R. 75 (M)
DocumentTemporary Order Motion
Motions requesting temporary orders must prominently include the specified counter-affidavit notice in substantially the stated form.
Motions requesting t~rnporary orders shan c6ntain.'a=~otia/;~ letters and bold-face type Jn substantially the fo'llowing .form: i . COUNTER AFFIDAVITS MUST BE FILED·WITH tHE'coURT.WITHIN . FOURTEEN (14).DAYS FROM TH~· SE~vrce· OF THIS MOTION.
DocumentTemporary Order Motion
The final report, signed by both parties, together with their written proposals shall be filed with the Court at the pre-trial hearing.
DocumentFinal Report And Written Proposals
A person requesting an ex parte temporary protection order shall submit an affidavit(s) with the petition setting forth facts establishing immediate present danger of domestic violence to a family or household member.
DocumentPetition
When the Court authorizes a below-schedule child-support deviation, the support order must include the specified language in addition to the findings required by law.
If the Court has authorized a deviation that is less than the amount of child support that would otherwise result from the use of basic child support schedule and applicable worksheet, the support order shall contain, in addition to the findings required by law, the following language:
DocumentSupport Order
A contempt request must be made by Motion to Cite for Contempt, accompanied by a show-cause order and affidavits identifying the alleged contempt and violated orders; the order must warn that failure to appear may result in an arrest warrant.
Requests for the sanction of contempt shall be made by Motion to Cite for Contempt together with an order that the accused appear at a time and place to show cause why he/she should not be punished for contempt. The motion shall be accompanied by an affidavit(s) setting forth facts constituting the alleged contempt and the order(s) claimed to be violated. The Order shall contain a notice that failure of the accused to appear as required may result in the issuance of a warrant for his/her arrest.
DocumentMotion To Cite For Contempt
Attendance at another class may not count toward compliance unless the Court approved it in advance.
Attendance in any d.ass other than one of the classes epecl,fied in the above paragraph . may not;result in credit for_ complhu.1,ce with the Court Rule, 111Uees prior approval-of.the class is obtai1.1ed from_ the Court.
A premature request will be ignored, and no further action will be taken until another request is delivered to the Assignment Commissioner.
If a written request and notice is received and service of appropriate documents has not been completed or sufficient time has not elapsed for issuance of an order, the request will be ignored and no further action thereon shall be taken, until another request is delivered to the Assignment Commissioner.
DocumentTemporary Order Request
The decision of the Court will be in the form of a journal entry and will be sent to each counsel, or to the parties if there is no counsel
DocumentTemporary Order Decision
The first pleading or motion invoking continuing jurisdiction in a parenting proceeding must include a Child Support Worksheet; the Clerk may reject filings without it, and the Court must dismiss an action, pleading, or motion without prejudice and assess costs to the non-complying party if the worksheet was not timely filed.
The first pleading or motion to invoke the continuing jurisdiction of the Court of a party in a parenting proceeding as defined in ORC 3109.21 shall be accompanied by a Child Support Worksheet pursuant to ORC 3113.21.5. The Clerk may reject such pleadings or motions for filing until the Worksheet is included. When it comes to the attention of the Court that the required Worksheet has not been timely filed, the Court shall immediately dismiss the action, pleading or motion without prejudice for lack of jurisdiction, assessing costs to the non-complying party.
DocumentFirst Pleading Or Motion
The petitioner must submit a proposed Temporary Protection Order containing the listed directions and information.
The petitioner shall submit a proposed Temporary Protection Order directing the respondent to refrain from abusing the family or household member(s); directing the Clerk to issue a copy of the order to the petitioner, the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order; scheduling a full hearing on the petition within the time required by law; setting forth the expiration date of the order; and directing the Sheriff to deliver a copy of the order to the respondent on the same day that the order is entered.
DocumentPetition
E. The Court shall dismiss a motion to modify a child support or health care order that does not include a certificate of the movant that he or she has exhausted the administrative review process through the CSEA and the time for requesting a court hearing has not expired.
DocumentMotion To Modify Child Support Or Health Care Order
The proposed Entry (or Entries) shall be prepared by the attorney designated by the Court or as otherwise agreed by the parties and their attorneys.
DocumentProposed Entry
When the entry is approved by counsel, it shall be endorsed as approved, to the judge to whom the case is assigned for approval, and if signed by her shall then be filed with the Clerk.
DocumentFormal Entry
In addition the order should contain a notice setting forth the sanctions for violating the order.
DocumentProposed Order
Name of counsel and trial judge shall be typed or printed upon the entry.
DocumentFormal Entry
If counsel is unable to agree upon the entry, the matter shall be submitted to the trial judge, who shall enter the proper order or judgment.
DocumentFormal Entry
Filing & Service rules
Filing Timing and Cure Windows
The Court must issue a decision and judgment entry within 60 days after receiving all information it requested and considers necessary to decide the petition.
13. The Court-sball issue a decision and judgment entry, _either gmnting or denying the Petition, within sixty (60) days after. the Court has received all information requested by the. Court and th.at the Court believes is necessm:y for. the Q>urt to reach a decision on whether tc;> approve the Petition;
Page 4 | Local Rule and Order of the Court Establishing the Procedure for Processing Applications for Certificates of Qualification for Employment (CQE)
Interested persons are instructed to complete the attached form and file it with the clerk of courts within fourteen days.
fourteen days
Page 8 | EXHIBIT C
The required class must be completed within 60 days after the complaint or motion is filed or at least 7 days before the merits hearing, whichever occurs earlier, and completion must be evidenced in writing to the Court.
The required ,cl!i,SS must be completed within 60 days after the filing of the_ complaint or motion, Qr at least 7 -days prior to ·hearing on the merits, whichever is.- earlier, and - completion of the cl~s inus_t ~e evidenced in writing to the <;:qurt.
Page 18 | LOCAL RULE OF COURT RE: FAMILY FILES
The Clerk must reject an original filing and its copies if they are not clearly legible or do not otherwise comply with these Rules.
The Clerk ~hall reject the original and any copie~ of a do~u '. - filing. unless the original and copies are clearly legible ~nd otherwise om,with the requirements of these rules.
Page 29 | RULE 1 PLEADINGS AND MOTIONS
The proposed Entry or Entries must be submitted to the Court within 14 days after the decision or agreement is announced.
The proposed Entry (or Entries) shall be submitted to the Court within 14 days after the date the decision and/or agreement was announced.
Page 39
If counsel do not prepare an entry within fourteen days after an order or judgment is rendered, the trial judge may have it prepared and filed without submitting it to or notifying counsel, or take other appropriate action.
If counsel fail to prepare an entry of order or judgment within fourteen (14) days after it is rendered, the trial judge may cause the proper entry to be prepared and filed without submission or notice to counsel, or take such other action as may be appropriate under the circumstances.
Page 45 | GENERAL ENTRIES
Unless the trial judge directs otherwise, prevailing counsel must prepare and submit the formal entry within five days, and opposing counsel must approve or reject it within five days of receipt.
Unless the trial judge otherwise directs, counsel for the party in whose favor an order or judgment is rendered shall, within five (5) days thereafter, prepare the proper formal entry and submit it to counsel for the adverse party who shall approve or reject the same within five (5) days after the receipt thereof.
Page 45 | GENERAL ENTRIES
After settlement, counsel must promptly prepare an entry of dismissal; if it is not presented within fourteen days, the court may allow up to thirty days upon written application and good cause, and may dismiss the case for want of prosecution.
Counsel shall promptly prepare an entry of dismissal to the trial judge following settlement of any case. If counsel fail to present such entry to the trial judge within fourteen (14) days after representation to the court that a case has been settled, or within thirty (30) days upon written application to the court for such extension and for good cause shown, the trial judge may order the case dismissed as for want of prosecution.
Page 45 | GENERAL ENTRIES
Service and Proof of Service Rules
The Clerk must send the specified notice and information-submission form to each identified court by ordinary U.S. mail.
9. .The Court shall attempt to determine all other courts in the state in which the .Petitioner has been convicted of or pleaded guilty to· an off~nse throng~ review of the Petitionei"s criminal history or other investigation.- The Clerk of Courts shall .send ·a "NoJ:ice tq Court Regarding Petition for Certificate of .Qualification for . Employment" [~orni B - att~clied] and usubmission of Information Regarding Petition/or Certificate of Qualification for EmploymeI!f '[Form.D - attached] to each coµrt so identified. Each su~ Notice shall be sent vi~ ordinary US ~ail.
Page 4 | Local Rule and Order of the Court Establishing the Procedure for Processing Applications for Certificates of Qualification for Employment (CQE)
The Clerk must provide and serve class notice with the summons or modification motion, subject to the stated allocation of notice responsibility in dissolution actions.
Notice of the requirement of completion of the kind of class mentioned .in division (A) of this Rule,, and information regard.mg the phone number of the person who may be contacted to schedule attendance at the "Fainilies In Transition" class administered by The Child Prote~on Center .and the phone number of the person who may be contacted to schedule attendance at the "Crossroads of Parentipg & Divorce" class adminis~d by the Pike County ., Partnership Aga,inst Domestic Violence shal~ be provided to each parent or other party by the Oerk of Courts an~ shaJ! ·be served with summons in any new parenting proceeding or with the motion to '.!l\Oc:lify, ~ applicable: In dissoiµtion of marriage actions, where .one party is represented by .counsel and the _other party .is not represented by counsel, the attorney {Qr the represented party shall be responsible for fumishing this .required notice to such attorney's client and to· the other, unrepresented p~. In dissolution of marriage actions in which neither party is represepted by counsel, the Clerk of Courts sh.all furnish the notice and Wormation- to the party, or parties, filing the ~solution.
Page 17 | LOCAL RULE OF COURT RE: FAMILY FILES
Counsel for a represented party must furnish the required notice to the opposing unrepresented party; when neither party in a dissolution action has counsel, the Clerk must furnish the notice and information to the filing party or parties.
by ~uuse~ cgunsel ·for the represented p~ shall be responsible for fill:nishing this required notice to the o~, unrepr~ented party. In disso!~01.1 of marriage: actions in which neither-party is represe~ by counset the Clerk of Courts shall furbish the non~ and info,::mation.~ the party . ·o~ parties filing.tJie diss~lution.
Page 24 | Local Rule of Court
If summons is not served within the specified period after filing a covered motion or petition, and the party cannot show good cause, the Court must dismiss it without prejudice after notice, on its own initiative or on motion.
A: If a-service summons upon ~- motion to invok~ the continuing jurisdiction of the Court or r,ipon a petition pursuant to lhe Uniform Reciprocal Enforcement of Support Act (URESA) is not made upon the adverse·party within the period· indicated below after filing the mc,tion.or petitjon, and the· party on whose behalf such service wa,s required . cannot show good cause why such service was not mad~ within that period, the motion· or petition shall be d_ismis~ed w.!thouf prejudice upon the Court's own initiative with-th~ notice to such party or upon motio.n: ·. . . . 1. Change of Custody . 3 months COMMrN~PtE~~OURT. 2. Visitation. Enforcement or Modification 3 months 3; S.upport Enforcement or Modification 4 months ...a JUL 1 ·1 1997 ...J.a 4. Uresa 1 month ,. 5. All Others 2 months.-
Page 30 | RULE 4 SERVICE OF SUMMONS
Temporary restraining orders must be served under the procedures in Civ. R. 4 through 4.3 and Civ. R. 4.6, unless the Court directs otherwise.
Uh_les~ other.wise.-directed by the Court,.tempor~ry restraining_ orders· shall ·be served.in-the manner provided for service· of proce$s un~er Civ. R. 4 through 4.3 . and Civ. R. 4.6.
Page 31 | RULE 6 TEMPORARY RESTRAINING ORDERS
Supporting affidavits for requests for pendente lite spousal support or temporary orders must be served as required by the Civil Rules.
Requests for allowance of spousal support pendente lite and/or for temporary orders allocating parental rights and responsibilities during the pendency of the action shall be made by separate motion with supporting affidavits served as required by the Civil Rules
Page 32 | RULE 7 TEMPORARY ORDERS
The Clerk must serve the contempt motion, affidavits, and order on the accused as required for service of process under the Civil Rules.
The Clerk shall cause a copy of the Motion, affidavit(s) and Order to be served upon the accused in the manner required for service of process pursuant to the Civil Rules.
Page 37 | RULE 12 CONTEMPT
The CSEA must promptly notify the other parties of a review or modification request, document when and how notice was sent, and verify regular-mail notice by certificate of mailing; mail notice is deemed complete three days after mailing.
Upon receiving a request for review or modification of an order for child support, the CSEA shall promptly notify the other party(ies) of the request, and document the date and manner of notice. Notice by regular mail shall be deemed completed 3 days after mailing and shall be verified by certificate of mailing.
Page 37
In specified support and visitation contempt actions, the required special summons must be served on the accused, and the moving party must ensure the Clerk issues it and records its issuance on the docket.
In addition to the Motion, affidavit(s) and Order required by this Rule, the special summons required by R.C. 2705.031 in a contempt action for failure to pay support, or failure to comply with, or an interference with, a visitation order shall be served upon the accused. It shall be the responsibility of the party filing the motion to insure that the Clerk issues the required summons and notes its issuance upon the docket.
Page 38 | RULE 12 CONTEMPT — Support and Visitation
If the required summons has not been issued, the Court will dismiss the motion without prejudice and assess costs to the movant.
When it comes to the attention of the Court that the required summons has not been issued, the motion will be dismissed without prejudice, with costs to the movant.
Page 38 | RULE 12 CONTEMPT — Support and Visitation
Filing Fees and Waivers
Before action is required on the petition, the petitioner must pay a $250 court-cost deposit using a form accepted by the Clerk for civil filings; for good cause, the Court may waive or reduce it, and the petitioner may support a request with an affidavit of indigency or other relevant information.
5. Befqre ~y-action is required to .be taken on_ the Petition,. the Petitj~ner Jtiust pay .a court cost·depositto the Clerk of Courts in the amount of $250.00. Payment of this deposit may·be made in any form otherwise accepted by the Clerk of Courts fQr the filing of civ_il actions. For gdod cause shown, a Judge of this CoUrt may order a waiver of, or a. reduction of, the required CO\lrt cost d~posit. oth.erwise required by this Rule. The Petitio~er may sub~it an .Affidayit of Indigency in-a form acceptable to :the Clerk of Courts, or .other relevant information for the· Coµrt' s consideration, in support of a request bytb.e Pe1;itioner for a waiver of, or reduction of, the require4 co~ cost deposit~
Page 3 | Local Rule and Order of the Court Establishing the Procedure for Processing Applications for Certificates of Qualification for Employment (CQE)
A court cost deposit must be paid to the Clerk of Courts when each petition is filed.
to estaJ>Ush a required court cost deposi1 to be paid· to the Clerk of Courts upon the-.filing of each such. · Petitio!l,
Page 5 | LOCAL RULE AND ORDER OF THE COURT ESTABLISHING THE PROCEDURE FOR PROCESSING APPLICATIONS FOR CERTIFICATES OF QUALIFICATION FOR EMPLOYMENT (CQE)
Beginning June 15, 2012, the Clerk must charge a $25 fee, in addition to other court costs, when each criminal cause, civil action or proceeding, or judgment by confession is filed in the General Division.
commencing on fee June. 15, ·zo12; .the .Clerk of Courts shajl charge. a pf .,tw~ty-fi~e-,c:lollars N . O"i ($25:oo); ~ adQ:ition to. all ,other court costs,. on the filing of each. crjminal caw;~,-· civil action or ""O proceeding, qr ju~gmerit by confession in the Genex:al Divisia,n· of said Court.:.
Page 11 | RE: LOCAL RULE AND ORDER OF COURT CONCERNING THE ESTABLISHMENT OF A GENERAL SPECIAL PROJECTS FUND FOR THE GENERAL DIVISION
Issuance of a certificate of judgment requires a $5 deposit.
(4) Issuance of Certificate ofJudgment.........................-...........,.........$5.00
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
The Clerk must require advance cash deposits under the stated schedule and may not accept applicable documents unless the deposits are paid in advance, subject to divisions (B) and (C).
Effective Jwie 15, 2012, except as otherwise provided in divisions (B) aiid (C), below, ofthis Rule, the· -Clerk of ~ourts of Pike Couuty, Ohio, shall requir~ pa,roent of advance cash deposits in conformity to the (ollowing schedule and shall not accept for filing any applicable documents in the Court of Common Pleas, Pike County, Ohio, General Division, unless such cash dep~ts are paid to the Clerk of Courts in advanc~:
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
The advance deposit for a motion to reopen an action is $125.
(3) All Motions reop~an aption .. ~····: .........• : ........ ............. :....$1~5.00
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
Release of a certificate of judgment requires a $5 deposit.
(6) Release of Certificate of Judgment ...................................... , .....:$5.00
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
The advance deposit for complaints and petitions in civil actions and proceedings is $250, except for the specified protection-order petitions.
(1) Complaints/Petitions in all civil actions and proceedings, including, 'Without limitation; actions for money judgment based upon tQrt.or:coµtract, actions for decl~tpry judgment, actions for injunction; actions ·in rep1evIDt actions for foreclosure, actions for divorce, actions for dissolution of marriage, and acti,ons for legal separation (with the exception, only, of Petitions for Domestic Violence Civil Protection .. Orders and Petitions For Protection Orders by persons. ~ged to bevictims-of.1J1enacing by stalldng) .. ~ ..;.......................$250.00
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
The schedule lists a $100 deposit for garnishment.
(1) Gi)nlisbment.•. ••..•..•.• ~ •.•..•..•..•••.•••...•• JI : . . . . . . . . . ~ . . . . . . . . . . . $1 OO;OO
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
The advance deposit for the listed cross-claims and cross-petitions is $250.
(2) '· Co~~~'Cro$.S.~hiims. ~ier:P~titions and ,. · '· .. • :. . . ·,::· :. · Cross-Peiitions jn.all civil actions., incluc:Ung actioJJS transferred to the-Court of Common Pleas, Pike Count;Y., Ohio, 11$ the result of the filing of a cross-claim exceeding the monetary' jurisdiction of tho Pike.County ~ourt... -~ ...................$250.00.
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
In a civil action, the Clerk must accept an affidavit of inability instead of a cash deposit, and the affidavit must state the reasons for inability and remains subject to court review.
(C) The.Cler~ of Courts shall accept in any civil action,. in lieu of a· cash deposit, ail affidavit ·of inability either to ·prepay or to _give security for costs, pursuant to Section 2323 .31 R.C. _Bac]J. such affidavit shall state tJ:ie ~eason~ for inability to prepay or to give security for costs. Each s~ch affidavit shall be subject to _review liy the Court ~t any.stage of the; proceedings in which sucJi affip_avit is fi_led.
Page 15
The Clerk may not require an advance cash deposit to accept the specified protection-order petitions filed by an alleged victim of menacing by stalking.
(B) The <;:lerk of Courts shall not require an advance cash deposit before accepting for tiling a Petition for Domestic Violen? Civil.Protectjon Order or a Petition for Protection Ord~_by a pers9n all~ed to be'a victim of menacing by stalking. •
Page 15
An advance deposit set by the Court’s schedule is required to file a Domestic Relations action or proceeding, except for Domestic Violence petitions or when the filing party submits the specified sworn statement and agrees to pay assessed costs promptly.
A. The Clerk shall require an advance deposit for filing any Domestic Relations action or_proce~ding (~\bet than petitions alleging Domestic Violence) as required by the schedule establisbed by the Court.. . . ·. ·: B. The Cieri< shall not=require an advance deposit.if the filing party.makes-a sworn statement by- a~davit establishing inabJlity _to prepay costs, and acknowledging respon~ibility for'and agreeing to promptly pay_ any costs that may µltimately be ass~ssed.
Page 30 | RULE 3 COSTS
The Clerk must not accept or file a party’s pleading, motion, or request for a hearing while that party has unpaid costs previously assessed by the Court.
C. The. Clerk· ~f:rall not. accept or fite..a pleading I motion or_ -r~quest .fof a·:bearing of ~-party who .~as failed to· pay- cos~s previously assessed against :hin:i· or_ hef by_ the· Court..
Page 30 | RULE 3 COSTS
Except for the portion deposited in the Mediation Fund, advance deposits are to be applied to actual accrued costs at the end of litigation or as otherwise authorized by court order.
With the exception, only, of thai portion of each advance cash deposit paid into- the . . Mediation Fund, unless the court costs of an action are otherwise paid; the . · balance of the advance cash deposits made in each action to the actual c accrued • ulh tqe tennination of the litigaµon, 9r wh.en otherwise authorized to do so by order tle_OMM.OH)ra!t&Mi ~RT be assessed by journal entry pursuant. to Ci~. R. 54(1?),
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
On a party's motion or its own motion, the Court may increase a deposit to secure accrued costs or require personal security.
Upon tbcfmotfon of any party, or.the court's own motion, the Court may_require llllY deposit to be increased from time to time, so as to secure all costs that may accrue ih the aetion, or may require personal se~ty to b~ given.
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
(5) Filing.of Certificate of1udgm~..... ~ ....................................... ~o.oo
(5) Filing.of Certificate of1udgm~..... ~ ....................................... ~o.oo
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
The Clerk must immediately deposit $25 from each advance cash deposit into the Court's Mediation Fund.
The Clerk shall ~use the amount of $25.00 ·from each such advance cash deposit paid pursuant this Rule to ·be deposited immediately into the Mediation Fwid of the Court of Common Pleas of Pike·· County Ohio.'
Page 14 | RE: LOCAL RULE OF COURT CONCERNING PAYMENT OF ADVANCE CASH DEPOSITS IN CIVIL ACTIONS
A party requesting a court hearing on a revised child-support amount must deposit court costs, and the request is not perfected until the deposit is made.
A party requesting a court hearing on a revised (modified) child support amount as determined in the CSEA shall be required to make a deposit to secure payment of court costs. The request shall not be perfected until the required cost deposit is made.
Page 37
Sealing & Redaction Procedures
Documents in domestic relations cases that contain sensitive personal information must be kept in a family file separate from the public case file.
Documents ·med_ in any do~estic .relatio·ns ·case contai.¢ng sensitiv~ personal .i.nfqrmation shall be kept in a "family file" ~eparate-from the pu.blic case file otherwise maintained by the CI~~ of Courts.
Page 1 | LOCAL RULE OF COURT RE: FAMILY FILES
The Court may direct the Clerk to file certain confidential documents under seal, and those documents may not be accessed without the Court's permission.
Not:withs~ding the provisions of this rule, the Court may order certa,in cohfidential doCUII}ents to be filed .under seal by the qer;tc. . Said. docummts would not ·be · assessaqle to any person wift:i..911t pe~m: of the Court.
Page 2 | LOCAL RULE OF COURT RE: FAMILY FILES
Documents filed in the public case file must have Social Security numbers and other individual personal identifiers redacted.
If ~ere are documents which are fo be filed in the ·public case file.. containing social security numbers or any other individual personal identifiers, the.· same shall be redacted on those documents in the ·pub lie. c~ file.
Page 2 | LOCAL RULE OF COURT RE: FAMILY FILES
Authorized viewers may take notes but may not copy, distribute, show, or remove family-file documents, which must be returned immediately after review.
Authorized viewers may take notes while _reviewing confid~tial reports and documents; but they are strictlY. pro~bited from coping those dotu.ments, dis~uting ·:fu.em,,or showing thein t~ unauthorized individuaµ;, or from removing them from the "-·• Ce~ouse. Upon completing a review of the family 1i~e,·these·documents are to·be retuned imi:nediately to ·the Court or to the designate~ -~put:f Clerk.
Page 2 | LOCAL RULE OF COURT RE: FAMILY FILES
Social security numbers and other information that must be excluded from public records must be redacted under the court’s rules and the Rules of Superintendence.
6. Afl s~ci~ s~~ty -n~bers and other information that Dlust ·be exci~ded .from public record shall be redacted in accordance with th~ rules of this court and the . . Rules of Superintendence.
Page 3 | Local Rule and Order of the Court Establishing the Procedure for Processing Applications for Certificates of Qualification for Employment (CQE)
Parties, their attorneys, and a guardian ad litem may inspect the family file upon filing a request with the Clerk.
Contents of tn~-family··¥e may -~e inspected \>y the parties, an atto~ey..for the parties or~ Guardian.ad litem upon request filed with the Clerk..
Page 2 | LOCAL RULE OF COURT RE: FAMILY FILES
Others may inspect family files only upon motion to the Court and a showing of good cause.
Inspection of .family files-~ay be permitted by others upon ~otion to the <:;ourt and for goo~.cause shown.
Page 2 | LOCAL RULE OF COURT RE: FAMILY FILES
Information received to assist the Court’s decision, including information in a petition, retains its public or non-public status as otherwise provided by law.
Rules of Superintendence. ~~ords or information received by the court to assist . the court with maldng its decision under Section 2953.25 of the Revised Code, including infopnation included on a petition, shall retain their character as public or non-public records, ·as otherwise provided. in w.
Page 3 | Local Rule and Order of the Court Establishing the Procedure for Processing Applications for Certificates of Qualification for Employment (CQE)
Filing Bundling Requirements
Domestic violence petitions must be filed separately from divorce complaints and must have separate case numbers.
All petitions for Domestic Violence shall be filed separately from Complaints for Divorce and shall have separate case numbers.
Page 28 | RULE 9 DOMESTIC VIOLENCE
Adjournment & Extension Requirements
The Court may extend the decision period upon the petitioner’s request.
provided, however, that the Court may extend the period within which a de·cisiori .and judgment entry granting or denying the Petition shall issue, upon request of ~e Petitio~er.
Page 4 | Local Rule and Order of the Court Establishing the Procedure for Processing Applications for Certificates of Qualification for Employment (CQE)