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Court Rules

Vinton County Court of Common Pleas, Ohio

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Communication

Phone

Clerk

740-596-3001
Filters:

Document Format Requirements4 rules

FormattingMandatory

All pleadings, motions and other papers to be filed with the Court shall be legibly typed or printed on letter sized bond paper, bound at the top.

Paper size
Letter

Formatting

  • Use bond paper
local-court-rules · Jan 2011 · p. 3
|SectionRULE 2: PLEADINGS AND MOTIONS
FormattingMandatory

They shall be sent to the opposing counsel, or party if no counsel, leaving sufficient space between each interrogatory to permit typing the answer immediately beneath the question.

local-court-rules · Jan 2011 · p. 4
|SectionRULE 4: INTERROGATORIES
FormattingMandatory

Answers and objections to interrogatories must be typed on the original copy.

Court's wording

the question. Opposing counsel, or the party if no counsel, shall type the answer or objection to each question on the ORIGINAL copy of the interrogatories, and return them to the proponent with 28 days, unless the Court shortens the time.

local-court-rules · Jan 2011 · p. 4
|SectionRULE 4: INTERROGATORIES
FormattingMandatory

All motions shall be submitted in triplicate on a form specified by the Ohio Public Defender Commission within 30 days of the filing of the final entry in the case.

Formatting

  • Submit in triplicate
local-court-rules · Jan 2011 · p. 18
|SectionRULE 18.1: SUBMISSION OF MOTION FOR ASSIGNED COUNSEL FEES

Document Filing Requirements26 rules

Filing RequirementsMandatory

Each pleading shall contain the name, address and telephone number of the attorney or party filing same.

local-court-rules · Jan 2011 · p. 3
|SectionRULE 2: PLEADINGS AND MOTIONS
Filing RequirementsMandatory

On the face of the complaint, motion or other pleading will appear a general statement as to the type of action ( examples: Complaint in Partition, Motion to Show Cause).

local-court-rules · Jan 2011 · p. 3
|SectionRULE 2: PLEADINGS AND MOTIONS
Filing RequirementsMandatory

Initial pleadings shall list the name and address of each party, case number blank to be filed in, style of the action, and header with the name of the Court.

Document
Initial pleading

Must include

  • Case number
local-court-rules · Jan 2011 · p. 3
|SectionRULE 2: PLEADINGS AND MOTIONS
Filing RequirementsMandatory

The opposing counsel answering said interrogatories shall file with the Clerk an Entry certifying that the same have been served upon all other counsel of record.

local-court-rules · Jan 2011 · p. 4
|SectionRULE 4: INTERROGATORIES
Filing RequirementsMandatory

If an attorney should desire to withdraw from a case, he/she may only do so by filing a written statement of such withdrawal with the Clerk of Courts

local-court-rules · Jan 2011 · p. 5
|SectionRule 6: Counsel of Record and Withdrawal of Counsel
Filing RequirementsMandatory

Unless the Court otherwise directs, counsel for the party in whose favor an order, decree or judgment is rendered, shall within five (5) days thereafter prepare the proper Journal Entry, submit the same to opposing counsel

local-court-rules · Jan 2011 · p. 5
|SectionRule 7: Journal Entries
Filing RequirementsMandatory

Effective January 15, 1993, each attorney at law filing any pleading, shall include, in or near the attorney's signature block, the attorney's Supreme Court Registration number.

Document
Pleading
Placement
Signature block
local-court-rules · Jan 2011 · p. 7
|SectionRULE 15: ATTORNEY REGISTRATION NUMBER
Filing RequirementsMandatory

(E) Every poverty affidavit offered in lieu of advancements for security for costs shall state the reasons for the inability to prepay costs and must be executed in the presence of the Clerk of Court or a Deputy Clerk.

local-court-rules · Jan 2011 · p. 8
|SectionRULE 16: SECURITY FOR COSTS
Filing RequirementsMandatory

Assigned counsel must submit an itemized statement detailing services, time spent, and out-of-pocket expenses.

Court's wording

Such assigned counsel will submit an itemized statement of the services rendered and the time spent in connection with such services, whether spent in preparation and trial or other disposition of the case and any out of pocket expenses incurred therein.

local-court-rules · Jan 2011 · p. 17
|SectionRULE 18: ASSIGNMENT AND COMPENSATION OF COUNSEL IN CRIMINAL CASES
Filing RequirementsMandatory

All motions and copies thereof shall be accompanied by a copy of the Affidavit of Indigency of the Defendant on a form specified by the Ohio Public Defender Commission.

local-court-rules · Jan 2011 · p. 18
|SectionRULE 18.1: SUBMISSION OF MOTION FOR ASSIGNED COUNSEL FEES
Filing RequirementsMandatory

All motions shall be accompanied by receipts for monies expended in defending the case.

local-court-rules · Jan 2011 · p. 18
|SectionRULE 18.1: SUBMISSION OF MOTION FOR ASSIGNED COUNSEL FEES
Filing RequirementsMandatory

The complainant, petitioner, or movant must file an affidavit with the complaint, petition, or motion, or within five days thereafter, containing the minor children’s names and birthdates and financial information.

Court's wording

On and after July 1, 1986, all cases filed in this Court involving divorce, dissolution or any case involving the payment of support for minor children, there must be filed with the complaint, petition or motion or within five (5) days thereafter, an affidavit executed by the Complainant, Petitioner, or Movant containing among other things, the names and dates of birth of the minor children and financial information.

local-court-rules · Jan 2011 · p. 19
|SectionRULE 20: CHILD SUPPORT
Filing RequirementsMandatory

Journal entries containing personal and private information must be submitted in an unredacted non-public copy and a redacted public copy marked “redacted” wherever information was removed.

Court's wording

Journal entries that necessarily include personal and private information must be submitted to the clerk of court's office as follows: a copy that includes the personal and private information for placement in the non-public envelope and a copy with personal and private information redacted for placement in the public file. The copy not containing the personal and private information (for the public file) will have the notation "redacted" at all places in the document where such information was removed. The Court will sign both journal entries.

local-court-rules · Jan 2011 · p. 20
|SectionRULE 21: PERSONAL AND PRIVATE INFORMATION
Filing RequirementsMandatory

The separate envelope must bear the court’s specified notice describing the information as non-public and restricting access.

Court's wording

The information will be kept in a separate envelope within the case filed marked as follows: The enclosed personal and private information has been deemed by the court as non-public. It is for the use of the court, attorneys of record listed in the case, and clerk of court's office only. Any other person must have a court order to view the contents of this envelope. Violation of this order shall be contempt of court.

local-court-rules · Jan 2011 · p. 20
|SectionRULE 21: PERSONAL AND PRIVATE INFORMATION
Filing RequirementsMandatory

The petition shall contain the caption of the particular case.

Document
Petition

Must include

  • Caption
local-court-rules · Jan 2011 · p. 21
|SectionRule 21: Personal and Private Information
Filing RequirementsMandatory

A Notice of Scheduled Mediation must state the mediation’s date, time, place, and contact information.

Court's wording

The court, on its own motion, or the motion of any of the parties may refer disputed issues to mediation in whole or in part by "Notice of Scheduled Mediation" which shall, at a minimum indicate the date, time, place and contact information of the mediation.

local-court-rules · Jan 2011 · p. 23
|SectionD(1) Referral Process
Filing RequirementsMandatory

The mediation shall be communicated via a "Notice of Scheduled Mediation" which shall, at a minimum indicate the date, time, place and contact information of the mediation.

local-court-rules · Jan 2011 · p. 24
|SectionD(1) Referral Process
Filing RequirementsMandatory

In furtherance of the confidentiality set forth in this rule, parties and non-parties desiring confidentiality of mediation communications shall execute a written "Agreement to Mediate" prior to the mediation session.

local-court-rules · Jan 2011 · p. 26
|Section(5) Confidentiality/Privilege
Filing RequirementsMandatory

If a new or different person(s) attend a subsequent session, their signatures shall be obtained prior to proceeding further in the process.

local-court-rules · Jan 2011 · p. 26
|Section(5) Confidentiality/Privilege
Filing RequirementsMandatory

At the conclusion of mediation, the court must be informed whether it occurred or was terminated, the settlement status, party attendance, and any future sessions with their dates and times.

Court's wording

At the conclusion of the mediation and in compliance with R.C. 2710.06 the court shall be informed of the status of the mediation including all of the following: - • Whether the mediation occurred or was terminated; - • Whether a settlement was reached on some, all or none of the issues; and - • Attendance of the parties. - • Future mediation session(s), including date and time.

local-court-rules · Jan 2011 · p. 29
|Section(12) Mediator Report
Filing RequirementsImportant

Upon arraignment or subsequent thereto, where it appears to the Court that a Defendant is without counsel and desires the Court to assign counsel to him, the Court, before doing so may require the Defendant to execute an affidavit regarding his employment, general background and financial status.

local-court-rules · Jan 2011 · p. 17
|SectionRULE 18: ASSIGNMENT AND COMPENSATION OF COUNSEL IN CRIMINAL CASES
Filing RequirementsImportant

In any case where all the information is not known to the filing party a statement to this effect should be included and the affidavit questionnaire shall be served on the opposing party with the complaint, petition or motion.

local-court-rules · Jan 2011 · p. 19
|SectionRULE 20: CHILD SUPPORT
Filing RequirementsImportant

Requests for continuances and extensions, and their disposition, will be recorded in the file of the case.

local-court-rules · Jan 2011 · p. 28
|SectionRule 22: Mediation, (9) Continuances
Filing RequirementsImportant

Attorneys may, at their option, or must if required on a specific case by the judge and/or magistrate, submit a “Mediation Case Summary” to the mediator which shall contain the following:

local-court-rules · Jan 2011 · p. 28
|SectionRule 22: Mediation, (10) Mediation Case Summary
Filing RequirementsImportant

- b. Requiring that requests for continuances and stipulations for extensions be in writing and the parties notified.

local-court-rules · Jan 2011 · p. 28
|SectionRule 22: Mediation, (9) Continuances
Filing RequirementsNote

Subsequent and responsive pleadings may use an abbreviated caption, showing only the name of the first Plaintiff and first Defendant.

Document
Subsequent or responsive pleading

Include

  • Caption
local-court-rules · Jan 2011 · p. 3
|SectionRULE 2: PLEADINGS AND MOTIONS

Filing & Service rules

Filing Timing and Cure Windows

Unless the Court directs otherwise, counsel for the prevailing party must prepare and submit the Journal Entry to opposing counsel within five days after the order, decree, or judgment.

Unless the Court otherwise directs, counsel for the party in whose favor an order, decree or judgment is rendered, shall within five (5) days thereafter prepare the proper Journal Entry, submit the same to opposing counsel

Page 5 | Rule 7: Journal Entries

The appellant must file assignments of error and a brief within 30 days after filing the complete transcript with the Court of Common Pleas Clerk.

Within thirty (30) days after the filing of a complete transcript (all the original papers, testimony and evidence offered, heard and taken into consideration in issuing the order appealed from.) with the Clerk of the Court of Common Pleas of this county, the Appellant shall file his assignment of errors and brief.

Page 5 | Rule 8: Appeals to the Common Pleas Court

Opposing counsel must reject the Journal Entry within five days after receiving it and return it to the submitting attorney or the Court.

who shall reject the same within five (5) days after receipt thereof and return to the submitting attorney or to the Court for the Judge’s signature and journalization by the Clerk of Courts.

Page 5 | Rule 7: Journal Entries

The appellee must file an opposition brief and any assignments of error on the appellee’s own behalf within 30 days after the appellant’s brief is filed.

Within thirty (30) days after filing of Appellant's brief, Appellee shall file his/her brief in opposition, and assignments of error on his/her own behalf, if any.

Page 6 | Rule 8: Appeals to the Common Pleas Court

A partition report, election to take, or sale cannot be confirmed until five days after filing unless all co-tenants consent in writing.

In all partition cases no report of Partition, Election to take, or Sale, will be confirmed until five (5) days after the date of the filing of said Report, Election or Sale, unless all co-tenants consent thereto in writing.

Page 7 | RULE 14: COUNSEL FEES IN PARTITION ACTIONS

Assigned-counsel-fee motions are due within 30 days after the final entry is filed.

All motions shall be submitted in triplicate on a form specified by the Ohio Public Defender Commission within 30 days of the filing of the final entry in the case.

Page 18 | RULE 18.1: SUBMISSION OF MOTION FOR ASSIGNED COUNSEL FEES

The affidavit must be filed with the complaint, petition, or motion, or within five days thereafter.

On and after July 1, 1986, all cases filed in this Court involving divorce, dissolution or any case involving the payment of support for minor children, there must be filed with the complaint, petition or motion or within five (5) days thereafter, an affidavit executed by the Complainant, Petitioner, or Movant containing among other things, the names and dates of birth of the minor children and financial information.

Page 19 | RULE 20: CHILD SUPPORT

If the adverse attorney does not act on the Journal Entry within five days after receipt, the preparer may submit it to the Clerk of Court for approval or rejection.

Upon the failure of the adverse attorney to act upon the entry within five (5) days of receipt thereof, the preparer of such entry may submit it to the Clerk of Court for approval or rejection.

Page 5 | Rule 7: Journal Entries

The appellant may file a reply brief within 10 days after the appellee’s brief is filed.

Within ten (10) days after filing of Appellee's brief, Appellant may file reply brief.

Page 6 | Rule 8: Appeals to the Common Pleas Court

Failure to timely file the Motion for Assigned Counsel Fees shall result in a reduction in the amount which would have been reimbursed to the county by the state of Ohio Public Defender Commission, and the approved fee will be reduced accordingly.

Failure to timely file the Motion for Assigned Counsel Fees shall result in a reduction in the amount which would have been reimbursed to the county by the state of Ohio Public Defender Commission, and the approved fee will be reduced accordingly.

Page 18 | RULE 18.1: SUBMISSION OF MOTION FOR ASSIGNED COUNSEL FEES

Service and Proof of Service Rules

When the Clerk is required to serve copies on other parties, the filing party must furnish enough copies for that service.

Sufficient copies will be furnished by the filling party to enable the Clerk to serve each other party, according to law, when the Clerk is required to serve copies on other parties.

Page 3 | RULE 2: PLEADINGS AND MOTIONS

Interrogatories must be sent to opposing counsel or the unrepresented opposing party, with space left for answers beneath each question.

They shall be sent to the opposing counsel, or party if no counsel, leaving sufficient space between each interrogatory to permit typing the answer immediately beneath the question.

Page 4 | RULE 4: INTERROGATORIES

Counsel answering interrogatories must file an Entry with the Clerk certifying service on all other counsel of record.

The opposing counsel answering said interrogatories shall file with the Clerk an Entry certifying that the same have been served upon all other counsel of record.

Page 4 | RULE 4: INTERROGATORIES

The opposing counsel or unrepresented party must type each answer or objection on the original interrogatories and return them to the proponent within 28 days, unless the Court shortens the time.

the question. Opposing counsel, or the party if no counsel, shall type the answer or objection to each question on the ORIGINAL copy of the interrogatories, and return them to the proponent with 28 days, unless the Court shortens the time.

Page 4 | RULE 4: INTERROGATORIES

A copy of the withdrawal must be furnished to all parties of record and the Court, with a certificate of service attached.

furnishing a copy of such withdrawal to all parties of record and to the Court with his certificate of service attached.

Page 5 | Rule 6: Counsel of Record and Withdrawal of Counsel

In any case where all the information is not known to the filing party a statement to this effect should be included and the affidavit questionnaire shall be served on the opposing party with the complaint, petition or motion.

In any case where all the information is not known to the filing party a statement to this effect should be included and the affidavit questionnaire shall be served on the opposing party with the complaint, petition or motion.

Page 19 | RULE 20: CHILD SUPPORT

Civil Rule 4.4 (A) (2) provides that 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 of publication shall be made by posting and mail. It is therefore ORDERED that upon the filing of the affidavit as required by Civil Rule 4.4 (A) (2), the Clerk shall cause service of notice to be made by posting in a conspicuous place in the Courthouse, and in two additional public places. The Court hereby designates the Village of McArthur Town Hall, the Village of Zaleski Town Hall, the Village of Wilkesville Town Hall, the Village of Hamden Town Hall, the McArthur Post Office, the Hamden Post Office, the Zaleski Post Office, the Wilkesville Post Office, the Ray Post Office, the New Plymouth Post Office, Vinton County Department of Job and Family Services and the Vinton County Community Building as “public places” for purposes of this rule. Posting shall be required only in the Courthouse and two additional public places. The notice shall be posted in the required locations for six successive weeks. After the last week of posting, the Clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting.

Civil Rule 4.4 (A) (2) provides that 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 of publication shall be made by posting and mail. It is therefore ORDERED that upon the filing of the affidavit as required by Civil Rule 4.4 (A) (2), the Clerk shall cause service of notice to be made by posting in a conspicuous place in the Courthouse, and in two additional public places. The Court hereby designates the Village of McArthur Town Hall, the Village of Zaleski Town Hall, the Village of Wilkesville Town Hall, the Village of Hamden Town Hall, the McArthur Post Office, the Hamden Post Office, the Zaleski Post Office, the Wilkesville Post Office, the Ray Post Office, the New Plymouth Post Office, Vinton County Department of Job and Family Services and the Vinton County Community Building as “public places” for purposes of this rule. Posting shall be required only in the Courthouse and two additional public places. The notice shall be posted in the required locations for six successive weeks. After the last week of posting, the Clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting.

Page 31 | RULE 24.1: IN THE MATTER OF THE ADOPTION OF A RULE OF COURT PURSUANT TO CIVIL RULE 4.4 (A) (2)

Filing Fees and Waivers

Copies cost $0.25 per page.

Copies, $0.25 per page

Page 1 | Filing Fees

The divorce fee is $325.00, whether or not there are children.

Divorce, with or without children, $325.00

Page 1 | Filing Fees

An application for a court-appointed attorney costs $25.00.

Application for Court Appointed Attorney, $25.00

Page 1 | Filing Fees

The dissolution fee is $325.00.

Dissolution, $325.00

Page 1 | Filing Fees

The fee for a civil foreclosure case is $350.00.

Civil Cases—Foreclosures, $350.00

Page 1 | Filing Fees

A one-day subpoena costs $12.00 plus mileage at 0.18 cents per mile.

1 day plus 0.18 cents per mile, $12.00 + mileage

Page 1 | Filing Fees

The fee for a new civil case is $200.00.

New civil case, $200.00

Page 1 | Filing Fees

The Court of Appeals fee is $85.00.

Court of Appeals, $85.00

Page 1 | Filing Fees

The fee for recording a Certificate of Judgment is $35.00.

Recording Certificate of Judgment, $35.00

Page 1 | Filing Fees

Recording a Real Estate License costs $5.00.

Recording of Real Estate License, $5.00

Page 1 | Filing Fees

Reopening a case or filing a listed post-decree motion or proceeding individually costs $175.00.

Reopening any case—Post Decree Motion, $175.00 Including any of the following (individually), Motion to Reopen; Charge of Contempt. Executions; Debtor Examination, Criminal Writ of Possessions

Page 1 | Filing Fees

A half-day subpoena costs $6.00 plus mileage at 0.18 cents per mile.

Subpoena fees, 1/2 day plus 0.18 cents per mile, $6.00 + mileage

Page 1 | Filing Fees

A counterclaim deposit is the same as the deposit for the original case type, with service.

Counterclaims—see original case—deposit would be same as original case type with service.

Page 1 | Filing Fees

A certified copy costs $2.00 per document.

Certified Copy, $2.00 per document

Page 1 | Filing Fees

Faxing a document costs $2.00.

Fax document, $2.00

Page 1 | Filing Fees

The fee for garnishment proceedings is $125.00.

Garnishment proceedings, $125.00

Page 1 | Filing Fees

Expungement of a criminal record costs $50.00, but dismissed cases have no charge.

Expungement of Criminal Record, $50.00 (Dismissed Cases No Charge)

Page 1 | Filing Fees

The fee for releasing a Certificate of Judgment is $5.00.

Release of Certificate of Judgment, $5.00

Page 1 | Filing Fees

The fee for a Release and Satisfaction of Judgment for a State Tax or Workers’ Comp. Lien is $60.00.

Release & Satisfaction of Judgment (State Tax/Workers’ Comp. Lien), $60.00

Page 1 | Filing Fees

A party requesting a transcript must deposit the amount the Court Reporter determines is adequate to cover its preparation costs.

Any party requesting a transcript of the record of proceedings in any case shall deposit with the Court Reporter such amount for costs of same as may be determined by said Reporter to be adequate considering the nature of the case, length of the record, and the amount of work involved in the preparation of such transcript.

Page 7 | RULE 12: DEPOSIT FOR TRANSCRIPT OF RECORD

The Court will not approve a final decree in a divorce, alimony, annulment, or dissolution case for journalization until all incurred costs are paid.

(G) No final decree in divorce, alimony, annulment, or dissolution of marriage will be approved for journalization by the Court until all costs incurred have been fully paid.

Page 8 | RULE 16: SECURITY FOR COSTS

The Clerk will refuse filings from a party with unpaid costs from a prior proceeding unless those costs were waived due to indigency.

(D) The Clerk of this Court will refuse to accept for filing any complaint, motion, application or other papers where the party attempting to file the same has failed to pay all costs in any proceeding previously incurred unless the same have been waived due to indigency.

Page 8 | RULE 16: SECURITY FOR COSTS

A party filing a complaint or proceeding in a civil case must first deposit security for costs unless the law provides otherwise.

(A) No Complaint or proceeding in any civil case shall accepted by the Clerk of this Court for filing unless the party offering the same for filing shall first deposit a sum to secure the payment of costs that may accrue, except as otherwise provided by law.

Page 8 | RULE 16: SECURITY FOR COSTS

The Court, pursuant to Section 2303.201 (B) (1) ORC, determines that, for the efficient operation of the Court, additional funds are required to computerize the office of the Clerk of the Court of Common Pleas, and pursuant to this determination, the Clerk of the Court of Common Pleas is authorized and directed to charge an additional fee of Ten Dollars on the

The Court, pursuant to Section 2303.201 (B) (1) ORC, determines that, for the efficient operation of the Court, additional funds are required to computerize the office of the Clerk of the Court of Common Pleas, and pursuant to this determination, the Clerk of the Court of Common Pleas is authorized and directed to charge an additional fee of Ten Dollars on the

Page 32 | RULE 24.5: ADDITIONAL COSTS PURSUANT TO SECTION 2303.201 (B) (1) ORC

A $3 additional fee is charged when filing each cause of action or appeal under the specified statutory divisions.

The Court, pursuant to Section 2303.201 (A) (1) ORC, determines that, for the efficient operation of the Court, additional funds are required to computerize the Court, to make available computerized legal research services, or to do both, and that pursuant to this determination, the Clerk of the Court of Common Pleas is authorized and directed to charge one additional fee of Three Dollars on the filing of each cause of action or appeal under divisions (A), (Q) and (U) of Section 2303.20 ORC.

Page 32 | RULE 24.4: ADDITIONAL COSTS PURSUANT TO SECTION 2303.201 (A) (1) ORC

An additional $25.00 per case is assessed as court costs effective January 1, 2004.

Therefore, pursuant to the authority vested in the Court by Ohio Revised Code 2303.201 (E) (1), the court orders that there be assessed as court costs an additional sum of $25.00 per case effective January 1, 2004.

Page 33 | RULE 24.6: ADDITIONAL COSTS PURSUANT TO SECTION 2303.201 (E) (1)

A $75.00 additional fee is charged on every new foreclosure complaint.

- (1) As to foreclosure actions only, an additional fee of $75.00 shall be charged on every new foreclosure complaint.

Page 33 | IN THE MATTER OF MODIFICATION OF RULE REGARDING SPECIAL PROJECTS FUND

A $5.00 additional fee is charged for each filing of a certificate of judgment.

- (3) An additional fee of $5.00 shall be charged for each filing of a certificate of judgment.

Page 34 | IN THE MATTER OF MODIFICATION OF RULE REGARDING SPECIAL PROJECTS FUND

A $25.00 additional fee is charged on every order of sale.

- (2) An additional fee of $25.00 shall be charged on every order of sale.

Page 34 | IN THE MATTER OF MODIFICATION OF RULE REGARDING SPECIAL PROJECTS FUND

A $25.00 fee is charged upon filing each criminal cause, civil action or proceeding, or judgment by confession to fund mediation services.

Now, therefore, the Clerk of the Court of Common Pleas is hereby directed and authorized to charge the fee of twenty five dollars ($25.00) on the filing of each criminal cause, civil action or proceeding, or judgment by confession for the purpose of providing mediation service.

Page 34 | RULE 24.7: IN THE MATTER OF MEDIATION SERVICES, ASSESSING COSTS AND ESTABLISHING FUNDS THEREFORE

For service by publication, consult the Local Court Rules for the applicable fee information.

Service by publication—See Local Court Rules

Page 1 | Filing Fees

In a case with multiple parties, the Clerk may require additional payment estimated to cover service costs.

(B) In cases with multiple parties, the Clerk of Courts may require the payment of additional amounts estimated by the Clerk to be sufficient to cover costs of service.

Page 8 | RULE 16: SECURITY FOR COSTS

Payments may be made through the Clerk of Courts Online Payment link.

You may make any payments here Clerk of Courts Online Payment

Page 1 | Welcome to the Vinton County Common Pleas Clerk of Courts Office Webpage

Sealing & Redaction Procedures

Filing parties and counsel must keep personal and private information out of public records and remove it from filings, including exhibits and addenda.

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 (it may be listed as e.g. “-----1234”); and - 3. any other information deemed personal and private by any federal or state statute, regulation, executive order, or court ruling. 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 as case numbers, or medical records.

Page 19 | RULE 21: PERSONAL AND PRIVATE INFORMATION

Personal and private information must be filed separately as a non-public record and kept in a case envelope bearing the specified access-restriction notice.

Personal and private information must be submitted in a separate filing which will be deemed by the court as a non-public record. The information will be kept in a separate envelope within the case filed marked as follows: The enclosed personal and private information has been deemed by the court as non-public. It is for the use of the court, attorneys of record listed in the case, and clerk of court's office only. Any other person must have a court order to view the contents of this envelope. Violation of this order shall be contempt of court.

Page 20 | RULE 21: PERSONAL AND PRIVATE INFORMATION

Personal and private information must be redacted or handled under the order; the clerk will not remove it without a court order and may refuse a noncompliant filing.

The clerk of court 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. The clerk of courts may refuse to accept for filing any document that contains personal and private information that has not been redacted or submitted in accordance with this order.

Page 21 | Rule 21: Personal and Private Information

Form 10-A containing a person’s social security number must be maintained in a separate sealed file and disclosed to the public only by court order for good cause shown.

Whereas, Form 10-A contains the social security number of the person subject to the order; and Whereas, the Court finds the social security number should not be part of the public case file due to privacy reasons; It is hereby ORDERED that the Clerk shall maintain a separate file which shall contain forms 10-A which file shall be considered sealed and shall be disclosed to the public only upon Court order for good cause shown.

Page 32 | RULE 24.3: IN THE MATTER OF FORM 10-A "PROTECTION NOTICE TO NCIC"

Personal and private information in earlier filings or records received from another court is public, but an affected person may petition for its removal and, if granted, it is placed in a separate envelope and treated as non-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. 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 a non-public record.

Page 21 | Rule 21: Personal and Private Information

Pre-Motion Conference Requirements

A party opposing a motion must serve and file an opposition memorandum with a brief statement of reasons within 14 days after service of the original motion.

Any party opposing the motion will serve and file his/her memorandum with a brief written statement of reasons in opposition to the motion within fourteen (14) days of service of the original motion.

Page 4 | RULE 3: DISPOSITION OF MOTIONS

Motions are decided without an oral hearing unless oral argument is specifically requested in a civil case.

Unless oral argument is specifically requested in civil cases, motions will be submitted and determined without oral hearing and upon brief written statements of reasons in support thereof.

Page 3 | RULE 3: DISPOSITION OF MOTIONS

If oral argument is granted, the Court will notify all counsel and parties not in default of the assigned argument dates.

If a request for oral argument is granted, all counsel and parties not in default will be notified by the Court of the assigned dates for said oral arguments.

Page 4 | RULE 3: DISPOSITION OF MOTIONS

Adjournment & Extension Requirements

For good cause shown, the Court may extend or shorten the time to file assignments of error or briefs.

The Court for good cause shown may extend or shorten the time within which assignments of error or briefs shall be filed.

Page 6 | Rule 8: Appeals to the Common Pleas Court

A case may be continued by the Mediation Coordinator or the referring Judge or Magistrate.

The case may be continued by the Mediation Coordinator or the Judge or Magistrate who referred the case.

Page 27 | Rule 22: Mediation, (9) Continuances

A scheduled mediation may be continued only for good cause after the parties determine a mutually acceptable future date.

Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined.

Page 27 | Rule 22: Mediation, (9) Continuances

Pending motions do not constitute good cause for a continuance unless the court authorizes otherwise.

Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance

Page 27 | Rule 22: Mediation, (9) Continuances

A continuance will not be granted unless the mediation can be scheduled before the final pretrial.

no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.

Page 27 | Rule 22: Mediation, (9) Continuances

Requests to continue a mediation to a date within 45 days of referral must go to the Mediation Coordinator; requests for a date more than 45 days after referral must go to the assigned judge or magistrate.

If a continuance of a scheduled mediation is requested and the proposed new date is within 45 days of the initial referral to mediation, then the request shall be made to the Mediation Coordinator. If the requested date is more than 45 days after the referral to mediation, then the request must be made to the judge or magistrate assigned to the case.

Page 28 | Rule 22: Mediation, (9) Continuances

A scheduled mediation may be continued only by the Judge, Magistrate, or applicable staff mediator, and only for good cause.

Continuances of a scheduled mediation will be granted only by the Judge, Magistrate or staff mediator, where applicable, for good cause.

Page 28 | Rule 22: Mediation, (9) Continuances

An extension for a deadline that does not involve a court hearing is permitted only if the court is shown that it will not interrupt the scheduled progress of the case.

Extension of time for compliance with deadlines not involving a court hearing will be permitted only on a showing to the court that the extension will not interrupt the scheduled movement of the case.

Page 28 | Rule 22: Mediation, (9) Continuances

Chambers Communication Rules

Counsel must promptly inform the mediator and assigned judge or magistrate when they learn of an unjoined person or entity whose consent is needed to resolve the dispute.

If counsel of any party to the mediation becomes aware of the identity of a person or entity whose consent is required to resolve the dispute, but has not yet been joined as a party in the pleadings, they shall promptly inform the mediator as well as the assigned judge or magistrate.

Page 26 | (4) Party/Non-Party Participation

When the specified relationship, shared-residence, or domestic-violence circumstances apply, parties and counsel must disclose them to the mediator and participate in any court-required screening.

If the opposing parties to any case are 1) related by blood, adoption, or marriage; 2) have resided in a common residence, or 3) have known or alleged domestic violence at any time prior to or during the mediation, then the parties and their counsel have a duty to disclose such information to the mediator and have duty to participate in any screening required by the court.

Page 26 | (4) Party/Non-Party Participation

Parties and counsel must advise the assigned judge or magistrate of relevant known or newly discovered domestic violence allegations before mediation concludes.

All parties and counsel shall advise the assigned judge or magistrate of any domestic violence allegations known to them to exist or to have existed in the past, or which become known to them following entry of the order but before conclusion of all mediation proceedings, which allegations involve any two or more persons whose attendance is required by the referral order.

Page 23 | D(1) Referral Process

Parties and counsel must advise the assigned judge or magistrate of relevant known or newly discovered domestic violence allegations before mediation concludes.

All parties and counsel shall advise the assigned judge or magistrate of any domestic violence allegations known to them to exist or to have existed in the past, or which become known to them following entry of the referral to mediation order but before conclusion of all mediation proceedings, which allegations involve any two or more persons whose attendance is required by the referral order.

Page 24 | D(1) Referral Process

Questions or requests for assistance may be directed to the Clerk by telephone.

If I can be of assistance or if you have any questions, please feel free to contact me by telephone at 740-596-3001 or by email at Jgriffith@vintoncountyohio.gov

Page 1 | Welcome to the Vinton County Common Pleas Clerk of Courts Office Webpage

Prospective participants may contact the Courts to review a blank Agreement to Mediate form.

A blank "Agreement to Mediate" form is available for review by any prospective participant by contacting the Courts.

Page 26 | (5) Confidentiality/Privilege

Common questions about Vinton County Court of Common Pleas, Ohio rules

Does Vinton County Court of Common Pleas, Ohio require a pre-motion conference or letter before filing a motion?

A party opposing a motion must serve and file an opposition memorandum with a brief statement of reasons within 14 days after service of the original motion.

View ruleSource: page 4, section RULE 3: DISPOSITION OF MOTIONS

What formatting rules apply to filings in Vinton County Court of Common Pleas, Ohio?

Vinton County Court of Common Pleas, Ohio's formatting rule includes letter paper, use bond paper., documents must be legibly typed or printed., and documents must be bound at the top.. Pleadings, motions, and other papers must be legibly typed or printed on letter-sized bond paper and bound at the top.

View ruleSource: page 3, section RULE 2: PLEADINGS AND MOTIONS

What must be included with pleading filings in Vinton County Court of Common Pleas, Ohio?

A complaint, motion, or other pleading must state the type of action on its face.

View ruleSource: page 3, section RULE 2: PLEADINGS AND MOTIONS

What must be included with initial pleading filings in Vinton County Court of Common Pleas, Ohio?

The rule requires caption and case number. Initial pleadings must list each party’s name and address, the case number blank, the action’s style, and the Court’s name in the header.

View ruleSource: page 3, section RULE 2: PLEADINGS AND MOTIONS

How may parties contact Vinton County Court of Common Pleas, Ohio?

Counsel must promptly inform the mediator and assigned judge or magistrate when they learn of an unjoined person or entity whose consent is needed to resolve the dispute.

View ruleSource: page 26, section (4) Party/Non-Party Participation

How does Vinton County Court of Common Pleas, Ohio handle sealed or redacted filings?

Filing parties and counsel must keep personal and private information out of public records and remove it from filings, including exhibits and addenda.

View ruleSource: page 19, section RULE 21: PERSONAL AND PRIVATE INFORMATION

How do I request an adjournment or extension in Vinton County Court of Common Pleas, Ohio?

For good cause shown, the Court may extend or shorten the time to file assignments of error or briefs.

View ruleSource: page 6, section Rule 8: Appeals to the Common Pleas Court

Are filing fees or waivers addressed in Vinton County Court of Common Pleas, Ohio?

A fee is required for covered filings. The fee for a new civil case is $200.00.

View ruleSource: page 1, section Filing Fees

What filing deadlines does Vinton County Court of Common Pleas, Ohio set?

Unless the Court directs otherwise, counsel for the prevailing party must prepare and submit the Journal Entry to opposing counsel within five days after the order, decree, or judgment.

View ruleSource: page 5, section Rule 7: Journal Entries

What rule applies to court service for all parties in Vinton County Court of Common Pleas, Ohio?

Details: method: court service, recipient: all parties. When the Clerk is required to serve copies on other parties, the filing party must furnish enough copies for that service.

View ruleSource: page 3, section RULE 2: PLEADINGS AND MOTIONS
Complete rules summary for Vinton County Court of Common Pleas, Ohio

Payments may be made through the Clerk of Courts Online Payment link.

Questions or requests for assistance may be directed to the Clerk by telephone.

The fee for a new civil case is $200.00.

The fee for a civil foreclosure case is $350.00.

The dissolution fee is $325.00.

The divorce fee is $325.00, whether or not there are children.

The Court of Appeals fee is $85.00.

A counterclaim deposit is the same as the deposit for the original case type, with service.

The fee for garnishment proceedings is $125.00.

Reopening a case or filing a listed post-decree motion or proceeding individually costs $175.00.

The fee for recording a Certificate of Judgment is $35.00.

The fee for a Release and Satisfaction of Judgment for a State Tax or Workers’ Comp. Lien is $60.00.

The fee for releasing a Certificate of Judgment is $5.00.

Expungement of a criminal record costs $50.00, but dismissed cases have no charge.

A certified copy costs $2.00 per document.

Copies cost $0.25 per page.

Faxing a document costs $2.00.

Recording a Real Estate License costs $5.00.

An application for a court-appointed attorney costs $25.00.

For service by publication, consult the Local Court Rules for the applicable fee information.

A half-day subpoena costs $6.00 plus mileage at 0.18 cents per mile.

A one-day subpoena costs $12.00 plus mileage at 0.18 cents per mile.

Pleadings, motions, and other papers must be legibly typed or printed on letter-sized bond paper and bound at the top.

When the Clerk is required to serve copies on other parties, the filing party must furnish enough copies for that service.

A complaint, motion, or other pleading must state the type of action on its face.

Initial pleadings must list each party’s name and address, the case number blank, the action’s style, and the Court’s name in the header.

Subsequent and responsive pleadings may use an abbreviated caption showing only the first Plaintiff and first Defendant.

Each pleading must include the filing attorney’s or party’s name, address, and telephone number.

Motions are decided without an oral hearing unless oral argument is specifically requested in a civil case.

A party opposing a motion must serve and file an opposition memorandum with a brief statement of reasons within 14 days after service of the original motion.

More Judges in Vinton County Court of Common Pleas, Ohio

Laina Fetherolf Rogers
Judge