Crawford County
Common Pleas Court
Local Court Rules Index

TERMS OF COURT

 

 

  1. (A)The year shall be divided into three sessions of Court beginning January 1, May 1, and September 1, which shall be known as the January, May, and September Sessions of Court.
  2. (B)The hours for holding the regular sessions of the Court shall be from 9:00 a.m. to 12:00 p.m., and from 1:00 p.m. to 4:30 p.m., unless varied by the Judge. Unless counsel is otherwise advised, cases will be for trial at the regular session hours.

CIVIL CASE FLOW MANAGEMENT PROCEDURE

 

1.2 (A) Purpose

In compliance with the Rules of Superintendence for Courts of Common Pleas and for the purpose of maintaining and improving the timely disposition of cases, the following case flow management procedure is being adopted. It is not intended that this rule supersede any present rule, but only that it spell out the duties and responsibilities of counsel and the case management procedure.

1.2 (B) Failure of Service

Upon notice of failure of service, counsel must make reasonable attempts to make good service within twenty‑eight (28) days of notice; and if they do not, the case may be dismissed by the Court without prejudice.

1.2 (C) Scheduling Order

(1) The Assignment Commissioner shall, in not less that thirty (30) days nor more than ninety (90) days after the last responsive pleading is filed, assign a scheduling conference with all parties which may be conducted by telephone. The trial attorney must be present at this conference with his calendar. All important dates, including the trial dates, shall be established. This includes, but is not limited to, motions, discovery cut‑off dates, formal pretrials, and trial dates. This schedule may not be altered except by order of the Court.

(2) A final pretrial conference shall be scheduled approximately thirty (30) days before trial. Counsel shall certify to this Court that they conferred with each other prior thereto, and they shall be prepared to discuss all aspects of the case and to conduct good‑faith negotiations toward settlement.

(3) A trial brief shall be submitted at the final pretrial conference along with a jointly prepared pretrial statement. Any jury instructions requested by the parties shall also be submitted at this time.

1.2 (D) Motions for Summary Judgment

Motions for summary judgement shall be handled in accordance with Civil Rule 56. They shall be decided without oral hearing unless oral hearing is determined to be necessary by the Court. The Assignment Commissioner shall establish a briefing schedule and a non‑oral hearing date. A party desiring an oral hearing shall notify the Court in writing within five (5) days after receipt of the Briefing Schedule stating why an oral hearing is necessary. Please refer to the rules regarding admissible evidence by which the Court must abide.

1.2 (E) Other Motions

Other motions shall be handled according to Local Rule 7.

1.2 (F) Continuances

Continuances shall not be granted orally and must be in writing. A request for continuance, before it is granted, shall contain the new date for hearing, the reason for the request, and whether or not opposing counsel consents. (Effective July 1, 1991)

CRIMINAL CASE FLOW MANAGEMENT PROCEDURE

 

1.3 (A) Purpose

In compliance with the Rules of Superintendence for Courts of Common Pleas and for the purpose of maintaining and improving the timely disposition of cases, the following case flow management procedure is being adopted. It is not intended that this rule supersede any present rule, but only that it spell out the duties and responsibilities of counsel and the case management procedure.

1.3 (B) Arraignment and Pretrial

During the arraignment, a pretrial date shall be established by the Court. After the pretrial conference, an entry shall be journalized establishing the last date that a plea negotiation shall be considered by the Court. If a change of plea hearing is not scheduled, then this matter shall be set for jury trial.

1.3 (C) Continuances

Continuances shall not be granted orally and must be in writing. A request for continuance, before it is granted, shall contain the reason for the request, whether or not opposing counsel consents, and the new date for hearing.

1.3 (D) Sentencing

In the event the jury trial concludes with a verdict of guilty, the Court shall immediately pass sentence, or in the alternative, order a pre‑sentence investigation. (Effective July 1, 1991)

DOMESTIC RELATIONS CASE FLOW MANAGEMENT PROCEDURE

1.4 (A) Purpose.  In compliance with the Rules of Superintendence for Courts of Common Pleas and for the purpose of maintaining and improving the timely disposition of domestic relations cases, the following case‑flow management procedure is being adopted. It is not intended that this rule supersede any present rule, but only that it spell out the duties and responsibilities of counsel and the case management procedure.

 

1.4 (B) Active Cases.  All active cases shall be indexed by case number on the court’s docket. Each active case shall also be periodically reviewed. The periodic review shall include review of deadline dates established by time limitations taken from the court’s rules for proof or failure of service, pretrial hearings, motion responses, hearing dates, objections to magistrate’s decisions, preparation of entries, filing of entries, and case inactivity.

 

1.4 (C) Complaints.  After the complaint is filed, service of summons shall be checked in thirty days. If service is complete and no answer has been filed, the case shall be assigned before the magistrate for an uncontested action.

If service is incomplete, notice shall be served on plaintiff’s counsel directing that unless service is obtained, the case will be dismissed. If after fourteen (14) days no effort has been made to obtain service, the case shall be dismissed.

Counsel of record shall be notified of any complaint that has been dormant for three months. If, after notification to counsel of record, the case file reflects nothing has been done or no pending court date has been set, the case may be dismissed by the court without prejudice.

1.4 (D) Temporary Orders.  If temporary orders are sought, the parties shall submit the general information, financial affidavits and child support guidelines worksheets with their initial pleadings.  At the time of filing a party’s respective pleading, it is not necessary for the parties to file general information, financial affidavits, and child support guidelines worksheets in cases in which temporary orders are not sought.  However, in the event a plaintiff does not seek temporary orders, but a defendant requests them, the plaintiff shall have the opportunity to respond by filing the appropriate informational documents within fourteen (14) days after the service of defendant’s “Proposal for Temporary Orders” and accompanying documents.  In all cases in which temporary orders are being requested, the court form “Proposal for Temporary Orders” shall also be filed by each party wishing to state a position concerning temporary orders, which will then be considered in drafting the temporary orders, covering temporary custody, child support and/or spousal support.  Collateral matters which the parties wish for the court to consider in the temporary orders (i.e. exclusive use of the marital home, other property, autos, bank accounts, etc.) must be specifically requested in that party’s proposal with sufficient reasons to enable the court to properly draft equitable temporary orders.  If fourteen (14) days have elapsed from the service of an affidavit and no response has been filed, the party requesting the temporary order shall notify the court’s domestic relations case manager, and the court shall enter a temporary order based upon the affidavits filed.  The party requesting the temporary order may submit a proposed temporary order for the court’s consideration at that time.

Temporary orders shall be determined based upon the affidavits filed by the parties.  Either party may file a written request for oral hearing seeking modification of the temporary order.  The oral hearing will be before the magistrate.  Such written requests for oral hearings seeking modification of temporary orders which are made more than fourteen (14) days after the filing of the temporary orders must be based upon a change of circumstances relating to facts contained within the initial affidavits, which facts were not reasonably known to or anticipated by the parties at the time the affidavits were filed.  Written requests for oral hearings seeking modification of temporary orders shall specify with particularity each of the following items:

  1. The specific portions of the temporary order to which the party objects; and
  2. The specific reasons for the objection to each such portion of the temporary order; and
  3. The specific modifications to the temporary order which the objecting party suggests that the court adopt.

          Within ten (10) days after the filing of a request for oral hearing seeking modification of a temporary order, any other party to the case may file such a request of her or his own, specifying with particularity the specific portions of the order to which the party objects, and the specific modifications to the temporary order suggested by such objecting party. 

          Within twenty-eight (28) days of the timely filing of a request for oral hearing seeking modification of a temporary order, the court will conduct the oral hearing.  The oral hearing will ordinarily be scheduled for one-half hour, but if a party deems that time insufficient, that party shall notify the domestic relations case manager of the court as soon as possible that he/she believes more time is necessary.  If the court calendar reasonably permits, more time may be scheduled.

          The parties are not required to present evidence at the oral hearing, but they may do so, within the sound discretion of the court.

          All parties must attend the oral hearing unless excused by the court for good cause.

          The only matters in the temporary order which will be reconsidered at the oral hearing are those which are specified with particularity in a party’s timely filed request for oral hearing.  No evidence or arguments will be permitted and no modifications will be made concerning matters not specified with particularity in the request for oral hearing.

          The policy of this rule is for parties and their counsel to be thorough and diligent in the preparation of all pleadings, temporary order requests, affidavits, and requests for oral hearing seeking modification of temporary orders.  The fact that an oral hearing is available is no substitute for proper preparation of the documents that are filed initially in the case.  Matters not raised appropriately in the initial pleadings, temporary order requests, affidavits, and requests for oral hearing seeking modification of temporary orders, ordinarily will not be considered at the oral hearing concerning modification of temporary orders.

          The oral hearing concerning modification of temporary orders is not for the purpose of allowing parties to bolster deficient or incomplete initial filings.

1.4 (E) Status Conferences, Pre-Trial Conferences and Disclosure After an answer is filed, the case will be scheduled for an early case management status conference before the magistrate.  Attorneys may be present in person or by telephone, and clients must be available to the attorneys in person or by telephone.  The case management status conference will deal with preliminary matters such as setting discovery deadlines, setting an initial pre-trial, arranging for appraisals, a guardian ad litem, possible mediation, the need for counseling or conciliation, identification of disputed and undisputed issues, discussion of discovery issues, and other appropriate matters.

          All contested cases will be pre-tried unless a pre-trial is waived by all parties.  Pre-trials will be before the magistrate and all parties and counsel are to be present unless excused for cause.  In appropriate cases, the court may have more than one pre-trial, if directed by the magistrate.  If appropriate, guardian ad litem reports and status conferences will be combined by the court with a pre-trial or case management status conference.

          Ordinarily, post-decree motions will be pre-tried unless they are not contested, in which case the initial hearing date may be considered a final hearing on such motions if the court deems it appropriate.  A notice of the following effect should be included with such post-decree motions:

The hearing scheduled on the above motion will be considered a pre-trial conference before the court, rather than a hearing on the merits, unless the party against whom the motion is brought does not appear at the hearing and does not file an objection to the requested relief, and if no such appearance or objection is made, the court may proceed to the merits of the motion at the scheduled hearing.

          The parties are requested to file and exchange pre-trial statements no later than the day of the pre-trial.  If the circumstances at the subsequent pre-trial are similar to those in a prior pre-trial, no supplemental pre-trial statement is required, but if the circumstances appropriately call for one, one may be filed by any party.  (See appendix of this Local Court Rule for a suggested form with marital asset/debt valuation sheet attached.)

          At pre-trials, the court and counsel will discuss appropriate matters including trying to narrow the issues in controversy, possible stipulations as to authenticity of documents, exchange of expert and other reports and records, exchange of appraisals, stipulations as to values and amounts, any remaining issues of asset valuation and liability amounts, issues relating to the division of household goods and furnishings and other assets, parenting issues, and possible settlement.  The court may make such pre-trial orders as it deems appropriate to aid in the disposition of the action.

          If appropriate, the court may also schedule a settlement conference before the magistrate at which the focus will be an effort to settle the case.

          If a contested case appears to be relatively uncomplicated, the court will schedule a pre-trial and final hearing date at the initial case management status conference.  If a contested case appears to be complex, the court will, at an appropriate pre-trial conference, attempt to schedule the case for final hearing on the merits.

          It is mandatory that the parties exchange with each other, as soon as is reasonably practicable after an answer is filed, all of the following:

  1. The identity of all pensions, profit sharing and retirement benefits, including IRA’s and the most recent summary; and
  2. Copies of all real estate deeds and vehicle titles and any appraisals intended by the parties to be used in the case; and
  3. Copies of the last three years income tax returns unless already in the possession of the other party; and
  4. Documentary proof of current income from all sources; and
  5. Copies of the most recent statements on all bank accounts, life insurance policies, mortgages, mutual funds, and other asset and debt accounts; and
  6. The identity and location of any safety deposit box; and
  7. The identity of all entities which hold assets in which either party has an interest, including but not limited to beneficial interests in trusts, and tangible and other personal property held for the benefit of a party.  Also, the identity of all such assets which are being held for the benefit of a party.

1.4 (F) Dissolutions.  Counsel of record or the parties shall be notified of any inactivity after sixty (60) days from the filing of the petition. Unless for good cause shown, the matter will be set for final hearing or dismissed within thirty (30) days.

1.4 (G) Post‑Decree Motions.  Post‑decree motions shall be brought to the domestic relations case manager for the magistrate before filing to be assigned a hearing date.

1.4 (H) Continuances.  Continuances shall not be granted orally and must be in writing. A request for continuance, before it is granted, shall contain the new date for hearing, the reason for the request, whether or not opposing counsel consents, and must be approved by the magistrate before being submitted to the judge.

 

1.4 (I) Magistrate’s Decision.  After a hearing, a decision shall be approved by the magistrate before being submitted to the court with the judgment entry.  If any party makes a request for findings of fact and conclusions of law or findings and conclusions are otherwise required by law, the magistrate’s decision shall include findings of fact and conclusions of law. Counsel and/or party have fourteen (14) days in which to object to the decision. Upon objections being filed, the judgment shall be automatically stayed. The report shall be reviewed by the judge, and if no changes are necessary, an entry shall be issued stating that the decision is approved as written. If changes are necessary, an amended entry shall be issued.

1.4 (J) Judgment Entries

  1. In actions where the parties have resolved the matter by agreement prior to magistrate hearing, the parties shall reduce their agreement to writing and shall submit their written MEMO entry to the court.  A formal entry shall be submitted and signed by the parties within fifteen (15) days after the memo entry for the judge and magistrate to sign. Failure to comply with this rule will result in a fourteen (14) day notice to dismiss. Upon no response within the additional fourteen (14) days, the court will dismiss the motion.
  2. Orders for child support shall be stated in terms of a monthly amount payable weekly, bi‑weekly, semi‑monthly, or whenever the payer is paid. The entry shall also require one or both of the parties to maintain health insurance for the children and the amount for extraordinary medical, dental, optical, etc., shall be included. The entry shall also provide for the child support, and/or spousal support to be paid through the Ohio Child Support Payment Central with the appropriate processing fees included by wage withholding.

1.4 (K) Copies.  Counsel shall prepare for use by the child support enforcement agency one copy of each judgment entry filed with the clerk.

(Effective June 14, 2002)

(Revised December 31, 2008)

(Revised September 2, 2009)

(Revised November 4, 2009)

 

 

 

IN THE COURT OF COMMON PLEAS, CRAWFORD COUNTY, OHIO

 

 

 

 

 

 

 

 

,

:

 

 

 

 

 

Plaintiff,

:

 

 

 

Case No.:

 

 

 

-vs-

 

:

 

 

 

 

 

 

,

:

 

 

 

 

 

Defendant.

:

 

 

.. . ..

 

*  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *

PRE-TRIAL STATEMENT

*  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *

 

 

 

submits the following pre-trial statement for

 

the court’s consideration:

 

I

PARTIES:

 

 

Plaintiff:

 

,         Age

 

 

 

 

Defendant:

 

,         Age

 

 

 

 

II

MARRIAGE:

 

 

Date of Marriage:

 

 

 

 

Place of Marriage:

 

 

 

 

Number of marriage for each:

Wife:

 

,  Husband:

 

 

 

 

Comments:

 

III

CHILDREN’S NAMES AND AGES:

 

 

 

 

 

 

 

 

 

Comments regarding child placement and parenting time:

 

IV

EMPLOYMENT AND INCOME:

 

 

Husband’s current employer and position:

 

 

 

 

 

Husband’s employment history, education and skills:

 

 

 

 

 

 

 

 

 

Husband’s current income:

 

 

 

 

Comments:

 

 

Wife’s current employer and position:

 

 

 

 

 

Wife’s employment history, education and skills:

 

 

 

 

 

 

 

 

 

Wife’s current income:

 

 

 

 

Comments:

 

V

ASSETS:

 

Separate non-marital property of Wife:

ITEM

VALUE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Comments:

 

Separate non-marital property of Husband:

ITEM

VALUE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Comments:

 

Marital property:

ITEM

VALUE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Comments:

 

VI

DEBTS:

 

To whom:

What for:

Collateral:

Amount:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Comments:

 

VII

CHILD SUPPORT:

 

Comments:

 

VIII

SPOUSAL SUPPORT:

 

Comments:

 

IX

OVERALL COMMENTS AND SUGGESTED RESOLUTION OF THIS CASE:

 

 

 

Respectfully submitted,

 

 

 

 

Insert Name, Supreme Court #, etc.

 

 

 

 

 

 

 

 

 

 

 

*  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *

PROOF OF SERVICE

*  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *

 

This is to certify that a true and correct copy of the within Pre-Trial Statement

 

was served by me upon the following by ordinary U.S. mail at the following address,

 

this

 

day of

 

,

 

:

 

Name:

 

 

 

Address:

 

 

 

 

 

 

 

Insert Name, Supreme Court #, etc.

 

 

 

 

JURY MANAGEMENT PLAN

 

 

JURY ELIGIBILITY

 

To ensure that the jury pool is representative of the adult population of Crawford County Ohio, all persons are eligible to serve on a jury, except as follows:

  1. Persons less than 18 years of age.
  2. Persons who are not residents ofCrawfordCounty.

All reasonable efforts shall be made to accommodate prospective jurors who have special needs.

 

GENERAL PROCEDURES FOR JURY DRAWINGS

ANNUAL DRAWING

 

Potential jurors shall be drawn from a jury source list, which shall constitute a list of all registered voters in Crawford County, by the use of random selection procedures using automated data processing equipment in conformity with ORC 2313.08 and ORC 2313.21.

For jury drawing purposes, the year shall run from September 1 to August 31. Prior to May 1 and after the term selection held in April, the system programmer shall provide and upload into the data processing files for the jury selection program a list, as provided by the State Board of Election, of all registered voters for Crawford County, Ohio.  From this list, a selection process shall take place to compile the prospective jury pool list to be used throughout the next jury year beginning September 1.  The number of prospective jurors selected shall be set forth within a Judgment Entry issued by the Crawford County Common Pleas Court Judge.  This list shall be used by all of the Courts of Crawford County in the jury selection process.

The Jury Commission shall consist of two persons, of opposite political parties. The Commission shall split the list between the two and each will send questionnaires to the prospective jurors on their list. When the questionnaires are returned, each is inspected by the Jury Commission and decisions are made concerning their eligibility to serve as provided by Section 2313.34 of the Ohio Revised Code. After all corrections are made, the names of the eligible jurors are retained in the data processing files. The Jury Commission shall certify to the Clerk of Courts a list of the qualified and unqualified jurors.

 

TERMS OF COURT DRAWING PROCEDURE

 

Three times a year, the Clerk of Courts shall conduct a Term of Court jury drawing. Each Court shall submit to the Clerk of Common Pleas Court the number of persons requested to be drawn for that term. The Clerk shall then conduct the drawing according to that request for that particular term. The term drawing venires shall be filed with the Clerk of Courts and copies forwarded to the proper Courts.

 

In the event that the panels drawn are insufficient to meet the needs for a particular Court in that particular jury year, the Jury Commissioners shall reconvene as necessary to select additional jury panels in accordance with ORC 2313.01.

 

If, in the opinion of the Court, this jury list is not representative of the adult population of Crawford County, additional source lists shall be utilized as authorized by law.

 

Random selection processes shall be utilized to assign prospective jurors to specific panels and for assignment during voir dire.

 

Departures from random selection shall be permitted only as follows:

  1. To exclude persons ineligible for service.
  2. To excuse or defer prospective jurors.
  3. To remove prospective jurors for cause or if challenged peremptorily.
  4. To provide all prospective jurors with an opportunity to be called forjury service and to be assigned to a panel.

 

All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned.

All prospective jurors shall be required to complete a second jury questionnaire and, if appropriate, request an excuse, exemption or a deferral by letter to the Court. Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process and shall be delivered by ordinary mail. Said summons shall clearly explain how and when the recipient must respond and the consequences of his failure to respond. Any person who fails to respond to a duly served summons shall be served with a citation for contempt of court and must appear to answer on said summons or, if appropriate, shall be arrested and detained for examination as to why they failed to attend.

 

SUMMONING OF PROSPECTIVE JURORS

 

Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.

 

Prospective jurors shall be summoned to appear in sufficient numbers to accommodate trial activity. Panels of forty-five (45) persons per jury group shall be summoned for service unless the Court determines that a lesser or greater number is necessary for a particular trial.

 

Every effort shall be made to resolve cases prior to summoning a jury. If a trial is settled on the day of trial, all lawful jury costs shall be assessed against the party who requested the jury.

 

Persons summoned for petit jury service shall receive compensation in the amount of Thirty Dollars ($30.00) per day. Compensation for grand jurors will be Thirty Dollars ($30.00) per day. Such fees shall be promptly paid from the County Treasury as appropriate.

 

EXEMPTION, EXCUSE, AND DEFERRAL

 

All persons except those who exercise their right to exemption are subject to service. Eligible persons who are summoned may be excused from service only if it is determined that their ability to receive and evaluate information is so impaired that they are unable to perform their duties as jurors, or that service upon a jury would constitute a significant hardship to them or members of the public. Persons excused from service shall be deferred and may be subject to jury service at a later time.

 

The following factors constitute a partial, although not exclusive, list of excuses for which a person may be excused or deferred from jury service:

  1. Any person who suffers from a substantial physiological or psychological impairment.
  2. Any person who has a scheduled vacation or business trip during potential jury service.
  3. Any person for whom jury service would constitute a substantial economic hardship.
  4. Any person for whom service on a jury would constitute a substantial hardship on their family, clients, or members of the public affected by the prospective juror’s occupation.
  5. Any person who has served on a jury within the last year.
  6. Any person for whom it may be readily determined is unfit for jury service.
  7. Any person for whom it is readily apparent would be unable to perform their duty as a juror.
  8. Any other valid excuse.

 

No person shall be excused from jury service except by the Judge or an individual specifically authorized to excuse jurors.

 

Once a prospective juror has submitted his request for excuse, the prospective juror must report for service unless otherwise notified by the Court.

 

EXAMINATION OF PROSPECTIVE JURORS

 

Examination of prospective jurors shall be limited to matters relevant to determining whether to remove a juror for cause and to determine the juror’s fairness and impartiality.

 

All prospective jurors shall be placed under oath in accordance with the Ohio Revised Code. The oath administered shall incorporate an oath to assure the truthfulness of the answers provided on jury questionnaires.

 

Jury questionnaires indicating basic background information concerning panel members shall be made available to counsel one week prior to the day on which jury selection is to begin.

 

Counsel is permitted to record or copy the information contained on the questionnaires, except addresses and telephone numbers, so long as all copies of jury questionnaires are returned to the Court upon completion of the trial. Under no circumstances may counsel or a party retain any jury questionnaire.

Neither counsel nor party will be permitted to question prospective jurors as to matters contained in the questionnaire. Parties and counsel may be permitted to ask follow up questions concerning such information.

 

The Court shall conduct a preliminary voir dire examination concerning basic and relevant matters and counsel shall be permitted a reasonable period of time to question panel members thereafter. Counsel or parties shall conform their voir dire questioning to the following rules:

  1. Counsel may not examine prospective jurors concerning the law or possible instructions.
  2. Counsel may not ask jurors to base answers on hypothetical questions.
  3. Counsel may not argue the case while questioning jurors.
  4. Counsel may not engage in efforts to indoctrinate jurors.
  5. Jurors may not be asked what kind of verdict they might return under any circumstances. No promises may be elicited from jurors.
  6. Questions are to be asked collectively of the panel whenever possible.
  7. Counsel may inquire by general questions concerning the validity and philosophy of reasonable doubt or the presumption of innocence.

 

In all cases, voir dire shall be held on the record but may be conducted outside the presence of other jurors in order to protect juror privacy or to avoid juror embarrassment.

 

If it is determined by the Court during the voir dire process that an individual is unable or unwilling to sit in a particular case fairly and impartially, the individual shall be removed from the panel. Such motion for removal for cause may be made by counsel, a party if unrepresented, or upon the motion of the Court. Further, Ohio Revised Code 2313.42 and Ohio Criminal Rule of Procedure 24(B) set forth additional case challenges which may be made against potential jurors.

 

Peremptory challenges shall be exercised alternately as presently established by Ohio Revised Code 2945.23, Civil Rule 47, and Criminal Rule 24 unless, prior to trial, the parties agree on the record to another method.

 

Challenges to the jury array shall be made in accordance with established rules of procedure.

 

JURY ORIENTATION

 

Jurors shall report for service no later than 8:30 a.m. unless otherwise directed. After orientation, voir dire shall commence promptly. All unresolved trial issues must be brought to the attention of the Court twenty‑four hours before trial.

 

Prospective jurors shall be provided with written and audio/visual orientation materials upon their initial appearance and prior to service. The Court shall give preliminary instructions to all prospective jurors, as well as additional instructions following the impaneling of the jury to explain the jury’s role and trial procedures of the Court along with other basic and relevant legal principals.

 

Upon the completion of the case and prior to jury deliberations, the Court shall instruct the jury on the law and the appropriate procedures to be followed during the course of deliberations.

 

A final jury charge shall, whenever possible, be committed to writing and shall be provided to the jury for its use during deliberation.

 

Upon appearance for service, all prospective jurors shall be placed under the supervision of assigned personnel and shall direct any questions or communications to such Court personnel for appropriate action.

 

All jury deliberations shall be conducted in the jury deliberation room. Jury deliberation rooms shall include space, furnishings and facilities conducive to reaching a fair verdict.

 

Court personnel shall endeavor to secure the safety of all prospective jurors and shall arrange and conduct all activities so as to minimize conduct between jurors, parties, counsel and the public.

 

Deliberations shall not continue after a reasonable hour unless the trial judge determines that evening and weekend deliberations would not impose an undue hardship upon the jurors and are required in the interest of justice. Jurors shall be consulted prior to any decision.

 

If jury deliberations are halted, jurors shall be permitted to be separated unless, for good cause shown, the Court finds that sequestration is necessary. If a jury is sequestered, the Court shall undertake the responsibility to oversee the conditions of sequestration and the transportation of all jurors.

 

Upon reaching a verdict, all jurors shall return to the courtroom where the verdict or verdicts shall be read in open court. Upon the reading of the verdict, in criminal cases, either party may request the jury be polled.

 

CONCLUSION

 

The Court shall collect and analyze information regarding the performance of this jury management plan to evaluate the representativeness of the jury pool; the effectiveness of the summoning procedures; the responsiveness of individual citizens to jury summons; the efficient use of jurors; the cost effectiveness of this plan, and overall juror satisfaction.

 

 

(Effective August 31, 1995)

(Revised December 31, 2008)

MEMBERS OF THE BAR

  1. (A)Bail or Surety. No attorney or officer of this Court shall be received as bail or security in any action.  Neither shall any attorney or officer of this Court pay in advance any court costs in any case.

 

  1. (B)Professionalism. The following Local Rule of Professionalism shall be practiced by all members of the legal profession while currently practicing in this court of Crawford County, Ohio.

          This Local Rule of Professionalism is to inspire and encourage the attorney and counselor of law to conduct all professional activities with dignity, integrity, and honor and to provide this service to clients in the public good.

          The attorney and counselor of law shall offer loyalty, confidentiality, competence, diligence and good judgment to clients.  The attorney should represent clients as the attorney would want to be represented, in a manner which is worthy of the client’s trust.

          Further, said attorney and counselor of law shall offer fairness, integrity, and civility to the opposing party or parties and their counsel and shall not knowingly make misleading and/or untrue statements of facts or law, but shall endeavor to consult with and cooperate with the opposing counsel and their parties in order to resolve their differences, and if the same cannot be achieved, shall strive to make the dispute a dignified one.

          Further, the attorney and counselor of law will offer respect, candor, and courtesy to the courts of this county and shall communicate with the opposing counsel in an effort to avoid or resolve any and all litigation.

          Further, the attorney and counselor of law shall extend to colleagues the same courtesy, respect, candor, and dignity which the attorney expects of them.

 

 

(Adopted September 22, 1993)

(Revised December 31, 2008)

EXAMINATION OF FILES

 

 

In the interest of justice, no person with the exception of parties or attorneys shall be permitted to examine the complaint filed in any case until after service of summons

PLEADINGS, FILES AND PAPERS

  1. (A)

All pleadings and other papers filed in an action shall be neatly and plainly typewritten with legal caption and double spaced so that they can be easily read, or the Court may strike them from the files at the cost of the party filing them.

 

  1. (B)Endorsement of Address.

The caption of the complaint shall state the post office address of all parties, if known; if the address is unknown, that fact shall be stated.

The first pleading or motion filed by a party shall state the correct address of such party. A motion of pleading making new parties shall conform to the provisions of this rule. All pleadings shall bear the name, address, zip code, and phone number of counsel filing them, and each page shall be numbered at the bottom of the page. One copy of every paper shall be filed for each opposing party.

 

  1. (C)

True copies of all pleadings filed after the complaint or of any exhibits, motions, affidavits, briefs or other papers filed with the Clerk, unless otherwise ordered by the Court, shall be provided by the party filing same for each of other counsel of record in the case and such copies shall be delivered to other counsel of record in person or by mail and proof of such service shall be made or shown in the case.

 

  1. (D)Amendments.

In no case where pleadings are amended, shall the original pleadings be withdrawn from the files or any part thereof obliterated; nor shall the amendment be made by interlineation or delineation, except by special leave of Court, and if such is granted, the words to be interlined and/or delineated shall be set forth in full on the journal.

 

  1. (E)Removal of Files and Papers.

No papers or files shall be removed from the office of the Clerk of Courts without permission of the Clerk or the Judge and until a written receipt for same is given to the Clerk.

All papers or files so removed shall be returned to the Clerk within seven days from their removal.

 

FACSIMILE FILINGS

Pleadings, motions, exhibits and other case documents, other than those outlined in section 4.1 (A) of this Local Court Rule, may be filed with the Crawford County Clerk of Courts Office by facsimile transmission to 419-562-8011, subject to the following conditions. 

 

Applicability

These rules apply to all proceedings in the Crawford County Common Pleas Court, General Division. 

 

Definitions

          “Fax” is an abbreviation for “Facsimile” and refers, as indicated by the context, to a facsimile transmission or to the document transmitted.

“Source document” is the document transmitted to the Court by fax and held by the person making the fax.

 

4.1 (A) The following documents will not be accepted for fax filing:

  • cognovit promissory note
  • original complaint and accompanying paperwork for a new domestic or civil case action
  • motion for reopening of a case
  • answer with cross complaint needing service
  • debtor’s exam
  • writ of possession
  • garnishment
  • service by publication and/or precipe for order of sale
  • making and/or filing and/or releasing of a certificate of judgment
  • request for execution by the Sheriff
  • filing of an appeals action
  • filing of a motion/application for sealing or expungment of a criminal record

         

4.1 (B) Attorneys and pro se litigants shall limit use of facsimile to filings of an emergency or time-critical nature only.  A filing is of an emergency or time-critical nature if a document is due to the Court by set deadlines, and/or hearings and will not arrive to the Court via regular or express mail or cannot be brought to the Clerk of Courts Office for filing with the Court within the available timeframe.  Attorneys and pro se litigants shall call the appropriate court personnel (Civil/Criminal Case Manager or Domestic Relations Case Manager) or the Clerk of Courts Office prior to faxing any document.

 

4.1 (C) A document filed by fax shall be accepted as the effective original filing and the signature accepted as original consistent with applicable rules.  The attorney or pro se litigant making a fax filing need not file any source document with the Clerk of Court.  However, the source document must be retained by the sending party in his/her records until the case is closed and all opportunities for post judgment relief are exhausted, with original signatures and the facsimile cover sheet used for the filing, and shall be available for production upon request of the Court. 

 

4.1 (D) The attorney or pro se litigant must provide with the filing of the document by fax a cover sheet containing the following information: (See appendix of this Local Court Rule for the preferred Facsimile Filing Cover Page.)

  • The office to which the document is being sent (Crawford County Clerk of Courts Office).
  • The fax number in which the transmission is being sent (419-562-8011).
  • The name and Supreme Court Registration Number, if applicable, of the sender.
  • The address, telephone number, fax number and email address, if any, of the sender.
  • The case caption and case number as assigned by the Court.
  • The title of the document(s).
  • The date of the transmission.
  • The number of pages, including the cover sheet, of the transmission.
  • If applicable, a statement explaining how costs associated with the filing will be submitted.

     4.1 (D)(1) If a document is received by the Clerk of Courts Office by fax without the cover sheet information listed above, the Clerk may, at its discretion:

  • cause the document to be filed, enter it into the case docket and make it a part of the case file; or
  • deposit the document in a file of failed faxed documents with a notation of the reason for the failure and shall not cause the document to be filed, entered into the case docket or made a part of the case file. 

     4.1 (D)(2) The Clerk of Courts Office is not responsible to notify any sending party of a failed fax filing.  The sending party shall retain receipt generated by their sending device as evidence of the filing of the document and shall maintain said receipt with the source document.  The sending party bears the entire risk of transmitting a document by fax to the Crawford County Clerk of Courts Office.

 

4.1 (E) Exhibits to a faxed filing that cannot be accurately transmitted via fax for any reason or are too lengthy to be faxed must be replaced by an insert page describing the exhibit and the reason(s) it is missing.  Unless otherwise ordered by the Court, the exhibit must then be filed, as a separate document, no later than five (5) court days following the receipt of the faxed document.  Failure to file the exhibit as outlined in this section may result in the Court’s striking the document and/or exhibit.  A cover sheet shall accompany any exhibit filed in this manner.  The cover sheet shall contain the case caption, case number and title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings. 

 

4.1 (F) The Crawford County Clerk of Courts Office facsimile machine shall be available to receive faxed filings 24 hours a day, 7 days a week.  The date and time as imprinted on each page of the transmitted document shall be the time the document is received by the Clerk.  Any transmission received and accepted for filing outside the standard office hours of Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding observed holidays, shall be file stamped by the Clerk prior to accepting and file stamping any other case documents the morning of the next court day.  Such accepted faxed flings shall be file stamped in the order in which they have been received.  Any transmission received and accepted for filing within the standard office hours shall be file stamped by the Clerk upon receipt.  Any transmission received and accepted shall be deemed filed with the Court upon being file stamped by the Clerk. 

 

4.1 (G) A sending party who wishes to file a signed source document by fax shall either fax a copy of the signed source document or fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.  The sending party who files a signed document by fax represents that the physically signed source document is in his/her possession or control. 

 

4.1 (H) A transmitted filing shall not exceed more than fifteen (15) pages in length. Filings exceeding this amount shall not be filed by fax without prior approval from the appropriate court personnel (Civil/Criminal Case Manager or Domestic Relations Case Manager) or the Clerk of Courts Office.  Service copies shall not be transmitted with the source document, as the Court or Clerk will make necessary copies.  If a sending party needs to transmit a filing for more than one case, each case filing shall be transmitted separately with a separate cover sheet as outlined in section 4.1 (D) of this Local Court Rule.

 

4.1 (I) Any faxed filing that requires a filing fee shall not be accepted by the Clerk for file stamping until filing fees have been paid.  Acceptable forms of payment are check or cash.

 

 

 

(Amended September 14, 2004)

FACSIMILE FILING COVER PAGE

 

 

RECIPIENT INFORMATION:

 

 

TO:

Crawford County Clerk of Courts Office

 

 

FAX NO.:

419-562-8011

 

 

SENDING PARTY INFORMATION:

 

 

NAME:

 

 

Include Supreme Court Registration No. if applicable

OFFICE/FIRM:

 

 

 

ADDRESS:

 

 

 

 

 

TELEPHONE NO.:

 

 

 

FAX NO.:

 

 

 

EMAIL ADDRESS:

 

 

CASE INFORMATION:

 

 

CASE CAPTION:

 

 

 

COURT’S CASE NO.:

 

 

 

TITLE OF DOCUMENT(S):

 

 

 

 

 

 

 

FILING INFORMATION:

 

 

DATE OF TRANSMISSION:

 

 

 

NUMBER OF PAGES:

 

 

Including this cover page

ADDITIONAL INFORMATION/COMMENTS:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

        

 

DRAFTING OF JUDGMENT ENTRIES IN DOMESTIC RELATIONS CASES

  1. (A)The court may order either counsel to prepare an entry setting fourth the agreement of the parties or an order of the court.

 

  1. (B)Drafting counsel shall prepare and mail said entry to all counsel and all guardians ad litem within fourteen (14) days of the hearing date.

 

  1. (C)Opposing counsel shall then have fourteen (14) days, after the entry was mailed by drafting counsel, to review the same, and within the same period opposing counsel shall do one of the following:
  2. Sign the entry and return it to preparing counsel, who is to file it with the court; or
  3. Contact opposing counsel to attempt to resolve any discrepancies; or
  4. Contact the court for further direction.

 

  1. (D)In the event that opposing counsel fails to respond to drafting counsel within fourteen (14) days from the time drafting counsel mails the entry to opposing counsel, drafting counsel may then submit the entry to the court without the approval of opposing counsel, and in the event, drafting counsel shall inform the court of the fact that drafting counsel received no response from opposing counsel within that fourteen (14) day period.

 

 

(Adopted September 22, 1993)

(Revised December 31, 2008)

 

LEAVE TO MOVE OR PLEAD

  1. (A)When a party in any case is not prepared to move or plead on the rule day, an extension of time may be had upon application to the Court and without notice for a period not exceeding thirty (30) days; or with consent of counsel not to exceed fifty (50) days without leave of Court.

 

  1. (B)Any leave to move or plead thereafter may be had only by consent in writing of the parties or their counsel and the approval of the Court, or upon application to the Court with notice to the opposing party or counsel, and for good cause shown.

 

  1. (C)This rule does not apply to Domestic Relations cases.

 

MOTIONS

  1. (A) GENERAL MOTIONS

          Motions shall be accompanied by a memorandum stating the grounds therefore and citing the authorities and reasons relied upon.  Within fourteen (14) days after service of such Motion, each party opposing the Motion shall respond.  Upon expiration of the time for filing memoranda, the matter shall be deemed submitted.  Failure to file a memorandum at the time required is a waiver and consent to submit the issue or case to the Court forthwith for decision.

          Motions shall, at the discretion of the Court, be ruled upon pursuant to Civil Rule 7(B)(2).  Oral hearings on motions shall be set only where the party seeking same demonstrates such need in writing prior to the expiration of fourteen (14) days.

          Where the interest of justice require, the Court may, upon notice to the non-moving party, decide any motion on an expedited basis prior to the expiration of the briefing schedule set forth in this rule.

 

  1. (B) EXCEPTIONS

          This rule shall apply to all motions excepting domestic relations proceedings and those otherwise provided herein.

 

  1. (C) EQUITABLE RELIEF

          Motions for temporary restraining orders, temporary injunctions, for receivers, or for similar urgent equitable relief shall be submitted to the Court.

          Notice of time of hearing shall be served upon the adverse party or his counsel and no matter shall be heard ex parte, unless from the affidavits filed with the motion, the Court determines that extraordinary, undue hardship would result to the moving party by any delay in the proceeding.

          Even when the order is issued ex parte, a hearing on the continuance of such order shall be scheduled and held after notice to all concerned.

 

 

Adopted: September 22, 1993

Revised: June 19, 2009

FORECLOSURE OR EXECUTION/REAL ESTATE SALES

  1. (A)Confirmation of any sale of real estate by the Sheriff or by any master or receiver appointed by the Court, shall not be entered any earlier than ten (10) days from the date of sale, unless consented to by all interested parties or their counsel, in writing.

 

  1. (B)All execution sales of real state shall take place at the Crawford County Justice Center.

 

  1. (C)In all cases where the appraisal of real estate is necessary or required by law, the Clerk of Court shall immediately notify all counsel of record of the appraisal, when it is returned by the Crawford County Sheriff’s Office.  This Notice shall be in the form of a full copy of the appraisal and shall be mailed to the attorneys of record or to the parties of record, if pro se.

 

  1. (D)In all foreclosure cases, after the period of redemption has expired, it will be obligation of the attorney to file a Precipe with the Clerk of Courts requesting an Order of Sale to be issued to the Sheriff.

 

 

(Adopted September 22, 1993)

(Revised December 31, 2008)

 

 

PLACE OF SALE FOR EXECUTION AGAINST PROPERTY SALE OF LANDS

Repealed: December 31, 2008

PARTITION

  1. (A)In a partition case any party shall have five days after the return of the order of appraisement to file objections to said appraisement. If no objections are filed, said appraisement may be confirmed by the Court at the expiration of said five‑day period.

 

  1. (B)Any interested party having a right to elect to take said premises or any part thereof at the appraised value shall do so within fourteen days after the confirmation of said appraisement, and notice of such election shall be given by such parties so electing to counsel of record for all parties. Should such an election be made within said fourteen‑day period and notice given to all counsel of record, then any other parties entitled to elect shall have an additional fourteen‑day period to file a similar election. If no election is filed or if more than one election is filed, then said property must be sold at public sale. If two or more elections are filed, then an order of sale may be issued forthwith. If only one election is filed to take the premises, or any part thereof, at the appraised value, then such election shall be allowed and confirmed after the expiration of ten days from the confirmation of the order of appraisement. The party electing to take the property will not be required to pay or to deposit his share of the purchase price, but only his share of the costs including attorney fees. This rule shall also apply in cases where property has been sold at public sale.

FEES OF ATTORNEYS IN PARTITION AND OTHER JUDICIAL SALES

  1. (A)In all cases involving judicial sales where the Court has legal authority to fix attorney fees, said fees shall be the same as in partition cases.
  2. (B)Fees of counsel in partition cases shall be as follows unless otherwise provided by the Court: On the selling price if sold, otherwise based upon the appraised value; 8% on the first $10,000.00; 6% on the next $10,000.00; and 5% on the remainder of the sale price or appraised value. The sum allowed shall be equitably taxed as costs for counsel for good cause shown.
  3. (C)This does not apply in foreclosure.

DUTIES OF COUNSEL AT PRETRIAL HEARINGS

  1. (A)It shall be the duty of counsel to do the following at pretrial and failure to be prepared may result in dismissal of the case for want of prosecution or in a default judgment or such other action, to enforce compliance as the trial judge deems appropriate:

 

  1. All parties shall have filed “Pretrial Statement” in accordance with these rules.
  2. Each counsel shall come prepared and authorized to negotiate toward settlement of the case.
  3. Where an insurance company is involved, a representative of the companyshall be present at the pretrial. The plaintiff shall also be present.
  4. A pretrial may be waived by consent of all parties and the Court.

PRETRIAL STATEMENT

  1. (A)No later than seven (7) days before pretrial all counsel shall file a “Pretrial Statement” containing the following required data:

 

  1. A statement of the issues involved and a statement of all questions of law which it is expected will be involved in the case.

 

  1. An itemization of all special damages claimed.
  2. Status of settlement negotiations.

 

Suggested format:

 

(CAPTION)

 

  1. Brief description of case (e.g. rear end collision).
  2. Brief description of injuries or damages.
  3. Issues and questions of law.
  4. List item by item ascertainable damages such as medical expenses, lost  

      wages, property damage, etc.

 

            Name                                                              Amount

                                                                        $                                                

                                                                        $                                            

                                                             Total   $                                             

  1. Status report of the following:

(1) Depositions                                                                                              

(2) Medical Examinations                                                                              

(3) Exchange of medical reports                                                                   

  1. State any special problems regarding trial of the case.
  2. Is a view of the scene desired?
  3. List of stipulations:
  4. Complete list of witnesses:
  5. Lowest demand                                           Highest offer                                     

 

 

                                                 Counsel for                             

 

STIPULATIONS

  1. (A)Stipulations and private agreement of counsel or parties concerning the progress or management of any matter touching the case, not made in open Court, will not be recognized unless the same is reduced to writing and signed by the parties thereto.

CHECKLIST OF ISSUES

  1. (A)Counsel for each party in which a jury trial has been requested shall submit to the Court ten (10) days prior to the date of trial a check list of those issues which he believes, either as plaintiff or defendant, will be involved in the trial of the case, and further which he believes the Court should include in its charge to the jury. For example, speed, stop sign, contributory negligence, preferential right of way, last clear chance, etc. The furnishing of same will assist the Court in its preparation for trial and its charge to the jury. It will also make counsel more aware of the issues in the case and whether or not the Court is properly covering the issues in its charge.

TRIAL PROCEDURE

  1. (A)Trial procedure shall be in accordance with the Ohio Revised Code or the rules of the Supreme Court.

 

  1. (B)Except by permission of the Court, only one counsel for each adverse party shall be permitted to speak on any interlocutory motion, or upon any question arising in the trial of a case.

INABILITY TO PRODUCE WITNESS

  1. (A)In all applications for the continuance of a case on the ground of inability to procure testimony of an absent witness, the party making the application shall state in his affidavit what he expects to prove by such witness, and also, what acts of diligence he has employed to procure the testimony of such witness.

 

  1. (B)If the Court finds the testimony material and that due diligence has been used, said cause may be continued unless the opposite party consents to the reading of such affidavit in evidence, in which case the trial may proceed and said affidavit will be read at the trial and treated as a deposition of the absent witness.

 

COURT COSTS WHEN CASE IS SETTLED

  1. (A)In the absence of a written stipulation, it shall be assumed that in the event a case is settled, the party paying the settlement shall also be liable for the Court costs.

COSTS OF CIVIL JURY

  1. (A)If a case is settled after 4:30 p.m. on the day immediately preceding the first day of trial, the Court may assess the cost of the jury to one of the parties.

FEES FOR COURT‑APPOINTED COUNSEL

19 (A)  NOW THEREFORE, be it resolved, that pursuant to Ohio Revised Code Section 120.33 and 2941.51 the following plan is adopted for use by all the Courts within Crawford County, Ohio:

 

  1. All counsel eligible for payment under this schedule shall be appointed by a Judge of the Municipal Court or Common Pleas Court and said appointment shall be entered by signed journal entry recorded on the Court Docket.

 

  1. Reimbursement (payment) for assigned counsel services shall be on the basis of Sixty Dollars ($60.00) per hour for time in court and Fifty Dollars ($50.00) per hour for time out‑of‑court up to the following maximum amounts for the following offense classifications and other proceedings:

 

Trial Level Proceedings

 

 

 

Aggravated Murder (w/specs) 

$ 50,000.00

Aggravated Murder (w/o specs) ‑ 1 attorney

$   8,000.00

Aggravated Murder (w/o specs) ‑ 2 attorneys

$ 10,000.00

Murder 

$   5,000.00

Felony with possible Life Sentence/Repeat Violent Offender/ Major Drug Offender

$   5,000.00

Felonies (degrees 1 –3)

 $  3,000.00

Felonies (degrees 4 & 5)       

 $  2,500.00

Misdemeanors (degrees 1 – 4)

 $  1,000.00

Contempt of Court                 

 $     300.00

Parole, Probation and all other proceedings not elsewhere classified

 $     500.00

 

Juvenile Proceedings

 

 

 

Delinquency

$   1,000.00

Guardian Ad Litem

$      600.00

Permanent Custody

$   1,000.00

All Others

$   1,000.00

 

 

 

Post‑Conviction and Habeas Corpus Proceedings

 

 

Post-Conviction with evidentiary hearing

$   1,500.00

Post-Conviction without hearing

$      750.00

Habeas Corpus with evidentiary hearing

$   1,500.00

Habeas Corpus without evidentiary hearing

$      750.00

Post Conviction and State Habeas Corpus proceedings involving a death sentence  (2 attorneys)

$ 12,500.00

 

 

Appellate Proceedings

 

 

 

Aggravated Murder (death sentenced imposed –

2 attorneys)

$ 12,500.00

Aggravated Murder (sentence other than death)

$   5,000.00

Murder with Life Sentence/Repeat Violent Offender/Major Drug Offender/Sexually Violent Predator

$   3,000.00

Felonies (S.B. 2 & H.B. 1 Appeals)

$   1,500.00

Misdemeanors

$   1,000.00

Other / Juvenile

$   1,000.00

 

  1.  Reimbursement (payment) for the entrance of pleas in all cases will be made on the basis of Sixty Dollars ($60.00) per hour in court and Fifty Dollars ($50.00) per hour out‑of‑court up to the prescribed maximums for each offense classification.

 

  1. Reimbursement (payment) for reasonable expenses associated with providing representation shall be made when submitted on the attorney’s fee certification and approved by the Court. Expenses include, but are not limited to, such items as expert witness fees, polygraph examination costs, long distance phone calls, photocopying, certain travel expenses and other necessary items as approved in the discretion of the Courts.

 

  1.  Additional reimbursement (payment) shall be made for extraordinary cases when approved by the Court. Such reimbursement (payment) shall be made at the rate of Sixty Dollars ($60.00) per hour in court and Fifty Dollars ($50.00) per hour out‑of‑court, whenever a trial continues beyond the following periods:

 

Aggravated Murder 15 days

Murder 10 days

Felonies 5 days

 

  1. (B)The attorney’s certificate when submitted shall include a separate written statement noting that the Court had allowed extraordinary fees with the specific amount of the fee and the time involved indicated.

 

 

Adopted by the Board of County Commissioners

January 5, 1989, August 15, 1995 & November 7, 1995, March 28, 2000

 

COURT APPOINTED COUNSEL

          In accordance with Ohio Administrative Code 120-1-10 and Rule 8 of the Rules of Superintendence, effective May 16, 2016, the Court adopted the following rules for court appointed counsel.  Each attorney will be required to complete a written application for inclusion, review, advancement in qualifications and removal from the appointed counsel list.  Each attorney who desires to be included on, advanced or removed from the Court Appointed Counsel list shall submit their application on or before the 30th of June of each year beginning in 2016.

  1. The Bailiff shall establish a list of all attorneys that have applied to be included and been approved to be Court Appointed Counsel.
  2. The Bailiff shall determine who is qualified to handle the case at bar and shall appoint the attorney’s name who appears at the top of the list.  Once that attorney is appointed a case, the attorney’s name shall be removed from the top of the list and placed at the bottom of the list. The Court wishes to ensure that the appointments are distributed as widely as possible among those qualified for such appointment. However the Court may in the interest of justice select an attorney who is not next on the list, if the Court determines that individual attorney’s skill, expertise and experience is particularly well suited for a given case or client.  The Court may deviate from the list based on the attorney’s management of the current caseload or the attorney’s geographical location.
  3. The Bailiff shall maintain a record of all appointment of counsel, the qualifications of each counsel to accept cases based upon degree and severity of the charge and a record of each attorney’s refusal to accept an appointment.  If an attorney refuses to accept an appointment offered by the Court without justifiable cause, the attorney shall be treated as if said attorney did receive the appointment and shall be moved to the bottom of the list.  The Court finds that repeated refusals of appointment shall be cause for removal from the Court Appointed Counsel list.
  4. Qualifications to be appointed for each case shall be determined by Ohio Administrative Code 120-1-10.
  5. The Court reserves the right to remove any attorney placed on the Court Appointed Counsel list if the Court determines that the attorney can no longer effectively represent the clients.  
  6. The Court recognizes that there may be exceptional circumstances in a case where the attorney does not meet the requirements of Ohio Administrative Code 120-1-10. If the attorney must request an exemption for the exceptional circumstances and must submit to the Ohio public defender commission materials that demonstrate that high quality, competent representation will be provided. The request and all supporting materials must be submitted at least two weeks prior to a regularly scheduled quarterly meeting of the Ohio public defender commission. If the exemption is granted, the attorney may proceed as being qualified.

 

Adopted: May 16, 2016

 

COURT COSTS

          Effective July 1, 2013, the fees for filing cases in the Common Pleas Court of Crawford County shall be as follows:

Dissolution……………………………………………… $ 200.00

Divorce……………………………………………………. 300.00

Civil………………………………………………………… 300.00

Service by Publication and/or a Precipe for

     Order of Sale– an additional fee…………………… 500.00

Post Decree Motion……………………………………… 200.00

Answer and Cross Complaint with Service……………. 100.00

Execution…………………………………………………. 200.00

Debtor’s Exam……………………………………………. 200.00

Writ of Possession………………………………………. 200.00

Court of Appeals………………………………………… 150.00

Garnishment……………………………………………… 100.00

Make and File Certificate of Judgment…………………. 35.00

Make Certificate of Judgment…………………………….. 5.00

Filing Certificate of Judgment……………………………. 30.00

Releasing Certificate of Judgment………………………… 5.00

Expungment………………………………………………. 150.00

Filing a Foreign Judgment………………………………… 50.00

Agreed Judgment Entry…………………………………… 50.00

Qualified Domestic Relations Order…………………….. 50.00

Petition for Certificate of Qualification for Employment…300.00

 

 

(Amended June 28, 2004)

(Amended December 30, 2010)

(Amended October 4, 2012)

(Amended July 1, 2013)

APPOINTMENT OF MAGISTRATES IN MATTERS OTHER THAN DOMESTIC

  1. (A) Pursuant to the guidelines as stated in Civil Rule 53, the Court may appoint Magistrates to hear civil matters from time to time.

 

  1. (B) The cost of the Magistrate when not agreed to by the parties shall be equally borne by the parties and is payable within ten (10) days from the Magistrate’s finding.

 

  1. (C) The Magistrate shall have all the powers and duties conferred by Civil Rule 53 plus additional duties as this Court may require.

 

  1. (D) Said Magistrate shall report to the Court every thirty (30) days concerning the status of the cases referred to him.

CONTINUANCES

  1. (A)After a matter has been set for hearing, there shall be no continuances granted without the express consent of the opposing counsel or without a showing of good cause to the judge or magistrate.

 

  1. (B)A continuance shall only be granted to a date certain.

 

 

(Adopted September 22, 1993)

(Revised December 31, 2008)

VIDEO DEPOSITIONS

  1. (A) In all cases where video tape depositions are going to be used at trial, a written transcript of said deposition shall be filed with the Court two (2) weeks prior to trial. Any party with objections to any part of the deposition shall file the same in writing one (1) week before trial.

 

  1. (B) Any deviation therefrom shall be made by special application to the Court.  It will further be the duty of the counsel offering the deposition to pick it up and have it edited before trial. (Amended June 6, 1990)

 

DIVORCE CASES

24 (A) The filing fee as set forth in Local Rule 20 shall be required in divorce or alimony cases. The Clerk shall not file any such pleadings until receipt of such deposit, unless an affidavit of poverty is made.

 

24 (B) In all non‑contested divorce cases where a divorce is granted the party in whose favor it is granted shall pay the Court costs unless otherwise ordered.

 

24 (C) Upon filing of the decree of divorce, the Clerk shall issue a cost bill as ordered.

 

 

(Amended September 14, 2004)

STANDARD VISITATION DEFINED

          Parents are encouraged to create an agreed equitable written parenting time schedule that fits their circumstances and their children’s lives, with the following serving as a schedule when the parents cannot agree.  Nothing herein prohibits the parents from changing the schedule upon mutual agreement.

          The parents should exert every reasonable effort to maintain contact between each parent and children, and to foster a feeling of affection between the children and each parent.  Neither parent should do anything which may estrange the children from the other parent or injure the children’s opinion as to either parent, or which may hamper the free and natural development of the children’s love and respect for the other parent.

          The parents shall not encourage the children to use terms “Father” and “Mother” and their equivalents to refer to persons other than these parties.

          It is the responsibility of the parents and not the children to make parenting time arrangements.  The children are not to become agents of a parent to make such arrangements.

          It is inappropriate for parents to involve children in differences or disagreements between the parents.

          For cases determined prior to the adoption of the most recent version of this rule, whatever version of this rule was in effect in each case at the time of that case’s most recent parenting time determination will be considered to be the current Rule 25 for purposes of that case until and unless the Court modifies the parenting time allocation in that case.

 

 

FOR PARENTS TRAVELING UNDER 90 MILES ONE WAY

 

  1. Weekends: Alternate weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m.  This alternating schedule shall not change, even when interrupted by holiday and birthday, summer and/or vacation parenting time. (See section 5(a) and 6 below.)
  2. Weekdays: One weekday evening per week from 5:00 p.m. to 8:00 p.m. which shall be Wednesday unless otherwise agreed and designated.
  3. Extracurricular Activities: Regardless of where the children are living, their participation in existing and renewed extracurricular activities, school related or otherwise, shall continue uninterrupted.  The parent who has the child at the time of the activity shall provide the transportation to these activities.  Notice of all extracurricular activities, school related, or otherwise, in which the children participate, schedules of all extracurricular activities (handwritten, if no formal schedule is provided by the activity) and the name of the activity leader (including address and telephone number if reasonably available) shall be exchanged between the parents. 

Generally, both parents are allowed freely to attend all school and extracurricular activities of children.  Also, both parents should be permitted to speak with and see the children at all school and extracurricular activities without interference by the other parent.

  1. Pre-School Age: Unless otherwise agreed, pre-school age children follow the same schedule of school age children in the school district where they live regardless of whether or not other school age children live in the family.  Frequent contact with both parents each week is recommended for very young children.
  2. Holidays: In odd-numbered years (i.e. 2009), the Mother shall have:

Spring Break                                   First half of Winter Break

Memorial Day                                  The child’s birthday

Labor Day

In odd-numbered years (i.e. 2009), the Father shall have:

Martin Luther King Jr. Day                 Thanksgiving

Fourth of July                                  Second half of Winter Break

In even-numbered years (i.e. 2010), the above schedules are reversed.

  1. In the event of a conflict between regular parenting time and holiday parenting time, holiday parenting time prevails.  The alternating weekend parenting time schedule continues, however, as if the holiday had not intervened.  This means that one parent may have the children three weekends in a row.  This process equalizes itself over the course of time for each parent.

For any holiday falling on a Monday or Friday, if the weekend immediately preceding or following the holiday parenting time is spent with the same parent, there is no need for that parent to return the children that evening and then pick them up the next morning.  For a holiday falling on a Friday, parenting time commences Friday morning and continues to Sunday evening; or for a holiday falling on a Monday, parenting time commences Friday evening and continues to Monday evening.

  1. Mother’s Day and Father’s Day and the parent’s birthdays only when they fall on a Saturday, Sunday, vacation from school or holiday, are to be spent with the appropriate parent.  These are as agreed or 10:00 a.m. to 7:00 p.m.
  2. Hours for parents who cannot agree are as follows: Martin Luther King Jr. Day (9:00 a.m. to 7:00 p.m.); Spring Break (6:00 p.m. on the day school is out to 7:00 p.m. the day before school recommences); Memorial Day and Labor Day (6:00 p.m. Friday to 6:00 p.m. Monday); July 4th (9:00 a.m. to 9:00 a.m. the next day); Thanksgiving (6:00 p.m. Wednesday to 6:00 p.m. Sunday); Winter Break (first half commences at 6:00 p.m. the last day of school before Winter Break begins, until December 25th at 1:00 p.m.; second half commences at 1:00 p.m. December 25th until 6:00 p.m. the day before school recommences); and the child’s birthday (4:00 p.m. to 8:00 p.m.).
  3. 48-hour notice should be given by the parent with whom the holiday is being spent for any arrangements for out-of-town travel on the holidays or of a change in pick-up/return times.
  4. Concerning the children’s birthdays, in the event of conflict, birthday parenting time shall prevail over holiday parenting time.  Brothers and sisters attend the birthday event.
  5. Summer: Four (4) weeks, in increments not to exceed two (2) weeks, with not less than sixty (60) days advance notice given by the non-residential parent.  The “summer” is defined as the day after the children are out of school and continues until seven (7) days before school begins.  The residential parent likewise shall give the non-residential parent not less than sixty (60) days advance notice of the residential parent’s out-of-town vacation and shall not be required to make up alternate weekends missed by the non-residential parent so long as there are no more than two.  The non-residential parent’s choice of vacation will prevail over the residential parent’s choice of vacation so long as the above notice requirements are met.

A general itinerary of the vacation shall be provided for the other parent, including dates, locations, addresses and telephone numbers.  Holiday and birthday celebrations with either parent shall not be missed, requiring scheduling of the vacation around these events or that the missed occasion be made up.

  1. Telephone Access:
  2. Generally, children should not be discouraged from calling either parent if they wish, at reasonable times, so long as there is no cost to the other parent.
  3. In addition, the non-possessory parent shall be entitled to telephone communication with the children not less than three (3) times per week for not less than 15 minutes per call.
  4. The possessory parent shall not interfere with, monitor or stop such telephone communication.
  5. Transportation: The parties shall divide the transportation equally.  The parent who is exercising parenting time shall pick up the children.  Unless otherwise ordered by the court or agreed by the parents, drop off/pick up shall be at the parents’ respective homes.
  6. Moving: A parent who is moving shall immediately notify the other parent except in those circumstances wherein notice is not required by R.C. 3109.051(G), and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information necessary to effectuate a smooth move for the children.  The parents shall attempt, in good faith, to renegotiate an appropriate and beneficial new parenting time schedule.
  7. Waiting: Neither parent shall be more than 30-minutes late picking up the children.  If the non-residential parent has not arrived to pick up the children within the 30-minute period, parenting time is forfeited and shall not be made up, unless there is an agreement or cooperation of the other parent except in cases of emergency or unavoidable problems.
  8. Cancellation: If possible, the non-residential parent shall give 24-hour notice to cancel.  The time canceled by the non-resident parent is forfeited.
  9. Illness: Ordinarily, a minor illness is something that both parents should be capable of dealing with and minor illness is not an excuse for a non-residential parent being denied parenting time.  If there should be a major illness, the parenting time ordinarily should be made up as soon as reasonably possible in a way that does not deprive the children and the non-residential parent of the appropriate time with each other.

The parents should promptly inform each other with respect to any illness or accident of any of the children, and in the event that such illness or accident is likely to cause that child to be confined to bed or home (whether of the mother or father) for more than 24-hours, such other parent should be entitled to visit the child at reasonable times and for reasonable periods.

  1. Make-up Parenting Time: Any make-up parenting time required by this schedule shall occur the first weekend of the other parent’s immediately following the missed parenting time and shall continue during the other parent’s weekends until made up in full, including partial weekends.
  2. Current Address and Telephone Number: Except as provided in the court order, parents shall keep each other informed of their current address and telephone number at all times.

 

Emergency Contact:

 

Both parents shall at all times, regardless of whether the children are with them, provide the other parent with a telephone number for contact in the event of an emergency.

  1. Car Seat: For any and all children required by law to ride in a car seat, the parents shall utilize same.
  2. Clothing: The parents shall cooperate in the exchange of the children’s clothing prior to and following parenting time.

 

 

FOR PARENTS TRAVELING OVER 90 MILES ONE WAY

 

  1. Pre-School Age: Unless otherwise agreed, pre-school age children shall follow the same schedule as school age children in the school district where they live, whether or not a school age child resides in the family.  Frequent contact with both parents is recommended for very young children.
  2. Winter Break: Winter Break will be divided in half and alternated annually, by half, between the parents.  It shall commence at 6:00 p.m. the last day of school before Winter Break begins until 6:00 p.m. the day before school recommences.
  3. Spring Break: The non-residential parent shall be entitled to the entire school vacation (6:00 p.m. on the day school is out to 7:00 p.m. the day before school recommences) in odd-numbered years.
  4. Summer: Each parent shall be entitled to one half of the school summer vacation.  Summer school necessary for a child to pass to the next grade must be attended.  The residential parent shall notify the non-residential parent by March 15 of when the summer vacation begins and ends.  The non-residential parent must notify the residential parent as to their intentions by April 15.
  5. If the parties cannot agree which half of the summer they prefer, in the even-numbered years, the first half of the summer shall be spent at the home of the non-residential parent, and in the odd-numbered years, the second half.
  6. A general itinerary should be provided either parent if more than two (2) days will be spent away from either home when the children are in that parent’s care.

Each parent may arrange an uninterrupted vacation of not more than two (2) weeks with the children.  If this includes a trip away from home a general itinerary of the vacation shall be provided for the other parent, including dates, locations, addresses and telephone numbers.

  1. Additional Parenting Time:
  2. Weekend: A once-a-month, weekend visit to the non-residential parent’s home shall be permitted if the child’s traveling time does not exceed THREE AND ON-HALF HOURS, one way.  The residential parent must be notified at least one week in advance.  THE NON-RESIDENTIAL PARENT SHALL PROVIDE ALL TRANSPORTATION FOR WEEKEND PARENTING TIME.
  3. Father’s Day and Mother’s Day should always be spent with the appropriate parent.
  4. The non-residential parent shall notify the residential parent at least two (2) days in advance of any time the non-residential parent will be in the area and wants parenting time.  Absent extraordinary circumstances, this parenting time shall occur.
  5. The residential parent shall notify the non-residential parent at least two (2) days in advance when the residential parent and children will be in the area of the non-residential parent and parenting time must be allowed.
  6. Telephone Access:
  7. Generally, children should not be discouraged from calling either parent if they wish, at reasonable times, so long as there is no cost to the other parent.
  8. In addition, the non-possessory parent shall be entitled to telephone communication with the children not less than three (3) times per week for not less than 15 minutes per call.
  9. Possessory parent shall not interfere with, monitor, or stop telephone communication.
  10. Transportation: Responsibility for transportation costs should be decided in advance and a plan written into an Order of the Court.  The costs of transportation, in the appropriate cases, may be a basis for deviation from the child support schedule.  Parties shall also decide and provide in the plan where the children shall be picked up and dropped off.
  11. Moving: A parent who is moving shall immediately notify the other parent, except in those circumstances where notice is not required by R.C. 3109.015(G), and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information necessary to effectuate a smooth move for the children.  The parents shall attempt, in good faith, to renegotiate an appropriate and beneficial new parenting time schedule.
  12. Current Address and Telephone Number: Except as provided in the Court Order, parents shall keep each other informed of their current address and telephone number at all times.

 

Emergency Contact:

 

Both parents shall at all times, regardless of whether the children are with them, provide the other parent with a telephone number for contact in the event of an emergency.

  1. Car Seat: For any and all children required by law to ride in a car seat, the parents shall utilize same.
  2. Clothing: The parents shall cooperate in the exchange of the children’s clothing prior to and following parenting time.

 

 

(Adopted April 15, 1992)

(Revised December 31, 2008)

(Revised August 23, 2011)

BILL OF RIGHTS FOR CHILDREN OF DIVORCE

Repealed: February 2, 2009

VISITATION RULES FOR PLAYING FAIR

Repealed: December 31, 2008

ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES

PARENTING SESSIONS – ATTENDANCE REQUIRED, WHEN

25.3 (A)  After filing a complaint for divorce or a petition for dissolution of marriage in which minor children are involved, both parties shall attend a two-hour session on parenting sponsored by this Court, or another program approved by the Judge or Magistrate.

 

25.3 (B)  Upon filing a motion for reallocation of parental rights and responsibilities, the Court may require both parties to attend the above-referenced parenting session.

 

25.3 (C)  A certificate of attendance shall be issued to each participant and a copy of the same filed and docketed.  Until the certificate of attendance is issued and filed with the Clerk of Courts, the Court will take no action.

 

25.3 (D)  The fee for attendance at said parenting session as established by the Judge of the Common Pleas Court, General Division, shall be paid to the Clerk of Courts prior to the date of the session.

 

25.3 (E)  The Court may waive the above attendance requirements upon proper verification that attendance is not necessary.

 

 

(Updated April 1, 2001)

(Amended September 22, 2006)

(Revised December 31, 2008)

(Suspended Indefinitely March 25, 2010)

HEALTH CARE EXPENSES & INSURANCE FOR MINOR CHILDREN

  1. (A)Unless otherwise specified, when the Court uses the term “uninsured medical expenses” in domestic relations proceedings, it shall be construed as all necessary medical, dental, orthodontic, optical, hospital, and prescribed drug expenses that are not covered by insurance.

 

  1. (B)If heath care insurance is available to cover health care expenses to either of the parties through his/her employment at a reasonable cost to said party, that party shall apply for said medical insurance and each of the parties shall submit all medical, dental, optical, hospital, and prescribed drug expenses of the minor children to said medical insurers.

 

  1. (C)Any uninsured medical expenses shall be paid by the respective parties in accordance with their respective percentages of the family income as said percentages are calculated on the Child Support Guideline Worksheets.  The obligor shall be given credit for any and all cash medical support payments that they have made toward their percentage total of the aforedescribed uninsured medical expenses to the extent that the same have been paid directly to the obligee.

 

  1. (D)Either parent who has health care insurance available to him/her under this Rule, through his/her employment, shall supply the other parent with a medical insurance card and any other blank forms or other documentation needed to submit the medical expenses of the minor children to the insurance company.   

 

  1. (E)The responsibility for providing medical insurance remains with the parent or parents who have been ordered to provide medical insurance.  However, that parent’s obligation shall be deemed to have been met if that parent’s current spouse or significant other has insurance through his or her employer that covers the children of the order.  The parent who has the responsibility to provide medical insurance shall produce documentation satisfactory to the Court or Crawford County Child Support Enforcement Agency of such insurance.  When the Court or Agency is satisfied that the spouse or significant other of the parent who has the responsibility to provide medical insurance has the children of the order covered by his or her insurance, the Agency, subject to the Court’s authority, will terminate or cancel any National Medical Support Notice (NMSN) that may have been issued to the employer of said parent.

          In the event that such insurance is no longer available due to termination of employment, divorce, separation, cancellation, or other action, the parent who has the responsibility to provide medical insurance shall immediately notify the Agency.  If such parent has medical insurance through his or her employer, the Agency shall immediately cause a NMSN to be issued to said employer.

 

  1. (F)Despite the provisions of O.A.C. 5101:12-47-01, unless the Court orders otherwise (pursuant to O.R.C. 3119.302), O.R.C. 3119.29 shall define the reasonable cost of insurance.  The Court, in its discretion, may order insurance at a greater cost or decline to order insurance at a lesser cost depending on the availability of other insurance or medical benefits for the child or children, the totality of the circumstances of the parties, and the best interests of the child or children (pursuant to O.R.C. 3119.302).

          If the cost of medical insurance plus the child support plus the support orders issued in any other case exceed the Consumer Credit Protection Act (CCPA), the Court will not require the child support obligor to obtain medical insurance.

 

  1. (G)That local form 26.1, which is subject to modification by the Court, shall be deemed sufficient under this rule for addressing the Health Insurance provisions of O.R.C. 3119.29 et seq.

 

  1. (H)That local form 26.2, which is subject to modification by the Court, shall be deemed sufficient under this rule for addressing the child support provision of O.R.C. Chapter 3119 save and except in the event of a deviation.  Should the parties request a deviation in child support, then they must comply with the deviation provision of O.R.C. Chapter 3119.

 

 

(Revised October 14, 2003)

(Revised April 9, 2010)

(Revised August 23, 2011)

ORTHODONTIC EXPENSE FOR MINOR CHILDREN

  1. (A)Orthodontic expenses for minor children, if determined to be necessary, shall be handled as any other health care expenses for minor children under Local Rule of Court #26.
  2. (B)A parent who takes a minor child to an orthodontist and who is in favor of orthodontic treatment for the child shall give the other parent adequate notice of the proposed treatment. The other parent shall have the right to take the child to another orthodontist for orthodontic examination and opinion as to the necessity of the treatment.
  3.  

 (Revised April 15, 1992)

REPORTS AS EVIDENCE IN DOMESTIC RELATIONS CASES

  1. (A)In any type of domestic relations hearing concerning the reasonableness or the necessity of the treatment to be done, a medical/treatment necessity report (duly signed by the physician or other supplier of treatment-related services, i.e. dental, optometric, other medical specialty, etc.) shall be filed with the motion, if available at that time, or as soon thereafter as reasonably practicable, or as otherwise ordered by the Court.  Once filed, such report shall be sufficient and be admitted into evidence at said hearing if properly and timely served on the opposing counsel without objection.

 

  1. (B)In any type of domestic relations hearing concerning the issue of claiming of dependency tax exemptions by one of more of the parties, and the calculated benefits of awarding such exemptions to one or the other parent, a calculations report, so designated and duly signed by a tax preparer, shall be filed with the motion, if available at that time, or as soon thereafter as reasonably practicable, or as otherwise ordered by the Court.  Once filed, such calculations report shall be sufficient and be admitted into evidence at said hearing if properly and timely served on the opposing counsel without objection.

 

  1. (C)In any type of domestic relations hearing concerning the issue of present day values of:
  2. retirement benefits/pension plans;
  3. personal property;
  4. real property; or
  5. business and/or financial assets or interests,

a calculations/valuation/appraisal report, so designated and duly signed by the valuator/appraiser of the property in issue, shall be filed with the motion, if available at that time, or as soon thereafter as reasonably practicable, or as otherwise ordered by the Court.  Once filed, such valuations report shall be sufficient and be admitted into evidence at said hearing if properly and timely served on the opposing counsel without objection.

 

(Adopted September 22, 1993)

(Revised December 31, 2008)

CHILD SUPPORT PAYMENTS

  1. (A)

All child support payments shall be made to the Child Support Enforcement Agency for remittance to the person entitled to receive payments.

Any direct payments shall be considered as “gifts” by this Court, except where the payment is proven by clear and convincing evidence and there is good and sufficient justification for the obligor making direct payments to obligee rather than payments to the Child Support Enforcement Agency, in which case, the Court may give the obligor credit against his/her child support obligations.

 

(Revised April 15, 1992)

INFORMATION SHEETS

  1. (A)

In matters pertaining to child support or spousal support where the law requires information sheets, the parties shall sign any such information sheets or forms and provide them to the Child Support Enforcement Agency at the time the Journal Entries concerning child support are presented to the Court for signature.

 

(NOTE: Former Information Form V has been omitted from these Court Rules)

 

(Revised April 15, 1992)

WAIVER OF SERVICE OF SUMMONS

 WHERE COUNTY OFFICES ARE A PARTY TO AN ACTION

  1. (A)In the interest of saving time and money, in all actions wherein the county or one of its departments is a party to an action, whenever practicable, waiver of service of summons shall be obtained as provided in Civil Rule 4(D).
  2. (B)Pursuant to Civil Rule 4.2 service of process in the above cases shall be made “upon a county or upon any of its offices, agencies, districts, departments, institutions or administrative units, by serving the officer responsible for the administration of the office…orby serving the prosecuting attorney of the county.”

Therefore, the waiver of service of summons shall be signed either by the head of the department or by the prosecuting attorney.

Said waivers may be obtained at the office of the Clerk of Courts.

 

(February 19, 1981)

CONTINUANCES REGARDING DOMESTIC RELATIONS CASES

  1. (A)

All Judgment Entries granting continuances in Domestic Relations cases shall be approved by the Magistrate before being submitted to the Judge.

 

(February 19, 1981)

MARKING OF EXHIBITS FOR TRIAL

  1. (A)

All exhibits to be used during trial shall be marked before the commencement of the trial.

Photocopies shall be made and given to opposite counsel preferably before the pre‑trial conference, however, in no event less than FIVE (5) days before trial. Photocopies also shall be provided to the Court on the day of trial.

Plaintiffs shall use the numerical designation, while the Defendants shall use alphabetical designation.

 

(November 18, 1981)

MEDICAL MALPRACTICE ARBITRATION

34.01 Cases for Arbitration

(a) Upon filing of a medical malpractice case as defined in Section 2305.11(d) (3) O.R.C. in the Court of Common Pleas, said claim shall be assigned for arbitration as provided in Section 2711.21.

34.02 Selections of Arbitrators & Manner of Appointment

(a) Pursuant to the Provisions of Section 2711.21, the three members of the panel shall be appointed by the judge to whom the case is assigned as follows:

  1. The judge to whom the case is assigned shall designate, within forty‑five (45) days after the filing of the Complaint, the arbitration panel chairman.
  2. The names of the two (2) members of the panel to be appointed by the plaintiff(s) and defendant(s), respectively, shall be submitted to the judge within ten (10) days after receipt of the designation provided for in (1) above.

(b) If there is a failure of one or more parties to appoint one or more arbitrators as in (2) above, the judge shall, upon motion, appoint an arbitrator or arbitrators for the party or parties failing to comply, such appointment shall be made within five (5) days of the filing of such motion.

(c) The Assignment Commissioner shall maintain a list of medical malpractice arbitration panel chairmen who have been approved by the Court after consent to serve.

(d) No party appointed as an arbitrator shall have any interest in the case being heard.

(e) No disclosure shall be made to the arbitrators prior to the filing of the report and award referred to in Section 34.12 of this rule of any offers of settlement made by any party. Prior to the delivery of the Court file to the chairman of the board of arbitrators, the assigned judge shall remove from the file and retain all papers or notations referring to demands or offers for settlement. Such file shall be forwarded to the chairman at the time of the assignment of the case.

34.03 Discovery

The assignment of a case to an arbitration board shall not limit the right of the parties to continue discovery pursuant to the rules of Civil Procedure.

34.04 Hearing; When and Where Held: Notice

(a) Hearings shall be held at a place scheduled by the Court Assignment Commissioner. This provision shall not, however, limit the right of the arbitration panel to hold hearings in an appropriate place of their own choosing. A hearing shall be scheduled not more than forty‑five (45) days after the appointment of the board of arbitration and the Assignment Commissioner shall notify the arbitrators and the parties or their counsel in writing at least fifteen (15) days before the hearing of the time and place of the hearing. No hearing shall be fixed for Saturdays, Sundays, legal holidays or evenings, except upon agreement of all parties and the arbitrators.

(b) Since sufficient time is available to the parties prior to the hearing date to settle or compromise a dispute, once a hearing date is set, the hearing shall proceed forthwith at the scheduled time. There shall be no communications by counsel or the parties with the arbitrators concerning the merits of the controversy prior to the commencement of the hearing.

34.05 Inability of Party to Proceed

In the event that a party is unable to proceed when the case has been scheduled, and such date is agreed to by all parties, the Assignment Commissioner may mark the case continued and may assess a $25.00 continuance fee against such party.

34.06 Default of a Party

The arbitration may proceed in the absence of any party who, after due notice, fails to be present or fails to obtain an adjournment. An award shall not be made solely on the default of the party; the panel shall require the other party to submit evidence as they may require for the making of an award.

34.07 Conduct of Hearing; General Powers

(a) The three members of the panel shall be the judges of the relevancy and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. All evidence shall be taken in the presence of the arbitrators, of all the parties, except where any of the parties is absent, in default, or has waived the right to be present. In addition to oral testimony, the panel may receive the evidence of witnesses by affidavit, deposition, videotape deposition, interrogatories, or written report and shall give it such weight as the panel deems is justified after consideration of any objections which may be made to such evidence. In the instance of affidavits and written reports, copies shall be furnished to counsel for all parties not less than two weeks in advance of hearing.

(b) Counsel shall, upon request and whenever possible, produce a party or witness at the hearing without the necessity of a subpoena.

34.08 Specific Powers

The panel shall have the general powers of a court including, but not limited to, the following:

(a) Subpoenas: to cause the issuance of subpoenas to witnesses to appear before the board and to request the issuance of an attachment according to the practice of the courts for failure to comply therewith. Issuance of subpoenas will be done in the same manner as is used in other types of cases.

(b) Production of Documents: to compel the production of all books, papers and documents which are deemed material to the case.

(c) Administering Oaths; Admissibility of Evidence: to administer oaths or affirmations to witnesses, to determine the admissibility of evidence, to permit testimony to be offered by depositions and to decide the law and the facts of the case submitted to the panel.

34.09 Supervisory Powers of the Court

The judge to whom the case is assigned shall have full supervisory powers with regard to any questions that arise in all arbitration proceedings and in application of these rules.

34.10 Witness Fees

Witness fees shall be in the same amount as now or hereafter provided to witnesses in trials in the Common Pleas Court of Crawford County, Ohio, which shall be taxed in costs.

34.11 Transcript of Testimony

The Court shall provide, at the request of any party, an official court reporter for each medical malpractice arbitration hearing. The cost shall be assessed pursuant to Section 2301.21, O.R.C.

34.12 Report and Award

Within thirty (30) days after the hearing, the chairman of the panel shall file a written report and award with the Clerk of the Court of Common Pleas and a duplicate copy with the judge to whom the case is assigned and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel. In the event that all three members do not agree on the finding and award, the dissenting member shall submit a written dissenting opinion to be filed with the majority report.

 

34.13 Legal Effect of Report and Award: Entry of Judgment

The report and award, unless rejected pursuant to law, shall be final. If no rejection is made within the manner specified by statute, the Court shall enter judgment in accordance therewith. After entry of such judgment, execution process may be issued as in the case of other judgments.

34.14 Compensation of Arbitrators

(a) Each member of a panel who has signed an award or files a dissenting opinion, unless he has waived in writing his right to compensation prior to the hearing, shall receive as compensation for his services in each case a fee of Three Hundred Dollars ($300.00) for the first day plus One Hundred Fifty Dollars ($150.00) for each fractional half‑day thereafter. When more than one case arising out of the same transaction is heard at the same hearing or hearings, it shall be considered as one case insofar as compensation of the arbitrators is concerned. The members of a board shall not be entitled to receive their fees until after filing the report and award with the Clerk of Courts. The chairman of the arbitration panel shall be entitled to an additional One Hundred Dollars ($100.00) as compensation for the extra duties imposed upon him. Fees paid to arbitrators shall be assessed pursuant to Section 2711.21, O.R.C., and shall be taxed as costs, one‑half to plaintiff(s) and one‑half to defendant(s).

In addition to the deposit required by Rule 20 of this Court, plaintiff(s) at the time of filing of the Complaint shall deposit Five Hundred Dollars ($500.00) to guarantee the fees of the arbitrators, and within forty (40) days of the filing of the Complaint, defendant(s) shall deposit Five Hundred Dollars ($500.00) as a like guarantee; but, in no event shall the full deposit guarantee be deposited later that five (5) days before the date of the arbitration hearing. If there are multiple defendants and they cannot agree as to their proportionate share of the deposit, upon proper motion, the Judge to whom the case is assigned shall order the apportionment. When it appears proper, the Court may order additional deposits.

(b) In cases which require additional deposits for payment of arbitrators due to the arbitration lasting more than one day, the deposit to cover the additional costs shall be made not later than five (5) days after the completion of the arbitration.

(c) The chairman of the arbitration panel shall determine not less than four (4) days prior to, and not more than five (5) days following completion of the arbitration that the proper deposit has been made. If no deposit has been made by one or both sides, the chairman shall, through the Assignment Commissioner, schedule a show cause hearing before the judge to whom the case is assigned to determine why the plaintiff(s) and/or defendant(s) should not be held in contempt for failure to file the required deposit.

(d) Payment of fees shall be authorized by the judge to whom the case is assigned by Court Entry on a form to be provided by the Assignment Commissioner.

(e) In all cases in which the plaintiff(s) has filed a poverty affidavit or in which an insufficient deposit has been made to pay plaintiff(s)’ portion of the compensation due the arbitrators and in which an award, settlement or judgment has been made in favor of the plaintiff(s), defendant(s) shall first pay to the Clerk of this Court out of such award, settlement or judgment, and before making any payment to the plaintiff(s), an amount equal to the undeposited plaintiff(s) portion of the compensation due the arbitrators. Otherwise, all compensation for arbitrators not paid from costs shall be paid upon proper warrant from the funds of Crawford County, Ohio.

34.15 Time Limit to Amend Pleadings

If the decision of the arbitrators is rejected pursuant to Section 2711.21 O.R.C., pleadings shall be amended and filed with the Clerk of Courts within thirty (30) days after filing of the report and award of the arbitrators. The parties making such pleadings amendments shall serve other parties pursuant to Ohio Rules of Civil Procedure.

(Adopted October 1, 1981; Amended November 23, 198l; Amended October 27, 1982)

34.16 Settlement

(a) Upon settlement of a case before the arbitration hearing, it is the responsibility of the parties to notify the Court’s arbitrator and he in turn has the responsibility of notifying the other arbitrators.

(b) In an arbitration proceeding wherein the matter is settled within two weeks from the date of the hearing, the costs of the arbitrators for one day shall be taxed as costs.

(c) Regardless of when a case is settled, the Court’s arbitrator shall receive $100.00 for the extra duties imposed upon him in the case, and this amount shall be taxed as costs. (Amended March 17, 1986)

MEDICAL MALPRACTICE REPORT

 

34.2 (A) 

Pursuant to SB 281, which became a law on April 10, 2003, it is required at the final disposition of any Medical Malpractice case that the attorney for the plaintiff shall file with the Clerk of the Common Pleas Court a completed original of the Ohio Department of Insurance, Medical Malpractice Report.  This rule shall apply to any Medical Malpractice case filed with this Court on or after April 10, 2003.

 

34.2 (B) 

Processing of the Medical Malpractice Report

At the initial filing of a complaint for any Medical Malpractice case, the Clerk of the Common Pleas Court shall start the report, filling in the information provided in the complaint.  A copy of the report shall be retained and filed in the Clerk’s Office.  The original report shall be returned to the attorney for the plaintiff with the receipt for the filing of the case. 

          A $5.00 fee shall be deducted from the filing fee, by the Clerk, and placed in the Clerk of Courts account to cover the processing of the report.

          Upon receipt of the completed report with the final disposition entry of the case, the Clerk of the Common Pleas Court shall retain the original in a file.

          After the first of each year and prior to January 15th, the Clerk of the Common Pleas Court shall forward the completed reports for each Medical Malpractice case completed the prior year to the Ohio Department of Insurance.

 

Adopted:  May 1, 2003

TREATMENT OF WITNESSES

  1. (A)

Witnesses shall be subpoenaed only for the approximate time in which they shall be used. All attorneys shall investigate the entire circumstances surrounding their actions to make sure that the person named in the subpoena is the correct person to be brought to Court.

The Court shall be notified immediately if the witness cannot be used at the time specified in the subpoena so that other arrangements may be made for the testimony.

Violation of this rule shall be treated as contempt of Court.

CHARACTER WITNESSES IN DIVORCE CASES

  1. (A)

Effective immediately, since it is not required by the code, character witnesses shall not be necessary in a divorce proceeding.

RECORD OF PROCEEDINGS

37 (A)  Effective September 13, 2004, and pursuant to Sup. R. Rule 11, the official record of the Court shall be by video recording system used in the main Courtroom and in the Domestic Relations Courtroom.  The video recording system is also currently used in the Civil Protection Order Court effective July 22, 2011.  All copies of recorded proceedings before the Courts shall be supplied to a requesting party upon payment of a $20.00 fee for each copy.  This fee is the responsibility of the requesting party and shall be paid to the Clerk of Courts.  Upon proof of a valid receipt, the bailiff shall make the copies requested.

 

37 (B)  For purposes of appeal, transcripts of proceedings recorded on disc shall be prepared in accordance with Rule 9 (A) of the Rules of Appellate Procedure.  The requesting party will be responsible for the costs associated with transcribing the document.

 

37 (C)  The Court is the custodian of the electronic proceedings.  An attorney, pro se litigant or designated court stenographer or transcriber may at the Court’s convenience, request an appointment to review the proceeding.  This shall allow a party to prepare an appeal without ordering unnecessary portions of a transcript pursuant to App. R. 9 (A).  No person who is not a member of the Bar or a law firm’s representative, a pro se litigant, or a designated court reporter/transcriber will be granted permission to view or listen to the recording without counsel being present.  There shall be no cost to review or listen to the video proceedings.

 

37 (D)  This applies to all audio tapes of testimony from Domestic Relations Court or Civil Protection Order Court prior to the installation of the video recording system.

          In order to protect the integrity of the taped testimony, an attorney, pro se litigant or designated court stenographer or transcriber may at the Court’s convenience, request an appointment to review the proceeding.  This shall allow a party to prepare an appeal without ordering unnecessary portions of a transcript pursuant to App. R. 9 (A).  No person who is not a member of the Bar or a law firm’s representative, a pro se litigant, or a designated court reporter/transcriber will be granted permission to view or listen to the recording without counsel being present.  There shall be no cost to review or listen to the taped proceedings.

          No audio tapes of testimony may be removed from the Court without written permission by the Court.  The recognized court stenographer/transcriber or any other person who petitions the Court to remove audio tapes of testimony from the court premises and who is granted leave to do so shall sign a receipt for those tapes removed.  In no case shall audio tapes of testimony be removed from the Court for more than 7 days without express leave of the Court.

Revised/Adopted: September 10, 2004

Revised: June 29, 2010

Revised: June 5, 2013

APPRAISALS

Repealed: December 31, 2008

EX PARTE ORDERS – DOMESTIC MATTERS

In addition to and supplementary to Rule 75(I)(2) of the Ohio Rules of Civil Procedure, the following Rule shall apply to all domestic relations cases on the docket of the Common Pleas Court of Crawford County, Ohio.

 

Ex Parte orders are discouraged but there are certain circumstances when such an order is necessary.  All applications for an ex parte order relating to the wrongful disposition/encumbrance of property, the allocation of parental rights and/or for sole and exclusive use of the marital residence shall contain the following:

 

  1. The basis for the claimed exigent circumstances which requires the issuance of an ex parte order.  The factual basis of said exigent circumstances shall be supported by an affidavit sworn to by the moving party;

 

  1. A statement by counsel as to the efforts made to contact either opposing counsel or, if unrepresented, the opposing party or, in the alternative, the reason why opposing counsel or the unrepresented party should not be given notice;

 

  1. An executed “Certification of Counsel (Pursuant to Prof. Cond. Rule 3.3),” in substantially the form identified as Appendix to this Local Court Rule.

 

  1. All ex parte orders shall advise the opposing party of the right to request a hearing and shall contain the following language in bold print:

 

“The Court has made this order solely upon the evidence provided by ______________________________.  You may request a hearing on this matter.  You have the right to counsel and should have counsel present with you at any hearing.  This is a temporary order and the Court will review all the evidence of the parties at any requested hearing.”

 

Upon the filing of a request for hearing by the non-moving party, the Court shall schedule a hearing on the merits of the ex parte order within ten (10) days.

 

Further, if later in the proceedings, it is determined that said moving party’s statements by affidavit were untrue, so as to mislead the Court, said moving party shall be subject to sanctions, including but not limited to dismissal of their action, an award of attorney fees to the non-moving party and costs.

 

(Adopted November 3, 1994)

(Revised December 31, 2008)

IN THE COMMON PLEAS COURT OF CRAWFORD COUNTY, OHIO

 

 

 

DOMESTIC RELATIONS DIVISION

 

 

 

 

:

 

     

 

 

Case No.:

     

 

Plaintiff/Petitioner

 

:

 

 

 

JUDGE

     

– vs. –

:

MAGISTRATE

     

 

 

 

     

 

:

CERTIFICATION OF COUNSEL

Defendant/Respondent

 

 

(Pursuant to Prof. Cond. Rule 3.3)

 

:

 

 

.. . ..

 

 

 

 

 

I,

     

am the attorney for

     

.

On behalf of this client I have caused to be filed in this matter a motion or request for an ex parte order.  Pursuant to Prof. Cond. Rule 3.3 (d), I hereby certify that, as part of this ex parte proceeding, I have informed the court “…of all material facts known to {me} that will enable the {court} to make an informed decision, whether or not the facts are adverse” to my client.

 

 

 

 

 

 

 

Signature

 

 

 

 

 

     

 

 

Name

 

 

 

 

 

     

 

 

Address

 

 

 

 

 

     

 

 

City, State, Zip code

 

 

 

 

 

     

 

 

Supreme Court No.

            

 

EX‑PARTE ORDERS ON OTHER MATTERS

39.1 (A)

Effective immediately this court shall not entertain any ex‑parte orders that do not deal with true emergency situations. These emergency situations would include immediate loss of property or true irreparable harm to persons.

39.1 (B)

This rule shall be strictly enforced, including, but not limited to, the filing of papers out of time and the amending of previous pleadings.

39.1 (C)

If the above is desired, a hearing shall be set before the court or magistrate.

39.1 (D)

In ex‑parte orders in domestic relations matters, true affidavits based on personal knowledge or sworn testimony, which can always be arranged on short notice, shall be required.

39.1 (E)

Furthermore, in no instance shall an attorney attempt to communicate to this court any problem which they might have in a case when the other side is represented by counsel until the other counsel has been notified and either consents to said communication or is present when said communication is made.

39.1 (F)

Any violation of this procedure shall be dealt with as direct contempt with a first offense fine of One Hundred Dollars ($100.00).

 

(Effective February 10, 1994)

NOTICE TO ATTORNEYS WHEN APPRAISALS ARE RETURNED

Repealed: December 31, 2008

CONTINUANCE OF HEARING WITHOUT NOTIFICATION OR APPROVAL

  1. (A)

In all cases, including domestic relations, if a matter is set for hearing and is settled and the parties do not notify the court at the earliest possible moment, each attorney will be subject to a citation in contempt with a fine of not less than One Hundred Dollars ($100.00).

  1. (B)

In all cases regarding domestic relations, any continuance, for any reason, shall be first approved by the Magistrate before seeking the approval of the Judge.

 

(Effective May 15, 1985)

WAGE ASSIGNMENTS IN DOMESTIC RELATIONS CASES

  1. (A)

To bring our county into conformity with the philosophy of the new federal regulations and state laws concerning child support, all parties paying child support shall be placed on wage assignment with said payment being made through the Child Support Enforcement Agency of this county, plus poundage.

  1. (B)

Regarding a self‑employed person, after one payment is missed as ordered by the judgment entry, he shall be cited by the Child Support Enforcement Agency and required to enter into a bond as required by law to insure that no further payments shall be missed.

 

(Effective May 15, 1985)

ORDERS OF SALE IN FORECLOSURE CASES

Repealed: December 31, 2008

NOTARY PUBLIC COMMITTEE

  1. (A)For the purpose of assisting this Court in the performance of its duties pursuant to Chapter 147 of the Revised Code of Ohio, the Court hereby establishes a committee of five persons to be known as the Notary Public Committee.

 

  1. (B)The Court shall, by Journal Entry duly filed with the Clerk of Court, appoint the members of the committee to serve until their successors are appointed. The President of the Crawford County Bar Association shall submit recommendations to the Court for such appointments.  All members of the Committee shall serve at the pleasure of the Court.

 

  1. (C)All notary public application shall be accompanied by the fee provided by law for the Commission Clerk for the Secretary of State’s Office, which amount shall be refunded to the applicant in the event the application is not approved.

 

  1. (D)All new applicants shall be required to take an “open book” examination and achieve a minimum passing score of 90%. The examination may be retaken until a passing score is achieved.  Applicants for renewal who have not previously taken the examination shall be required to take the “open book” examination and achieve a minimum passing score of 90%.  Applicants for renewals may retake the examination until a passing score is achieved.

 

  1. (E)Attorneys at Law admitted to the practice of law in Ohio, and persons under their direct supervision, shall not be required to take an examination. However, their application shall be on the form prescribed by the Committee.

 

  1. (F)Whenever it shall come to the attention of the Committee that any Notary Public is improperly exercising his/her office or powers in this county, it shall be the duty of the chairman, or any other member of the Notary Public Committee to file a complaint with the Court setting forth in a brief manner the acts or things done improperly by such notary public. Said complaint shall request a time and place to be set for a hearing thereon and verify that said notary public has been duly notified.  The Court shall conduct a hearing on said complaint and make such orders or findings as in its discretion are just and proper in the circumstances.  If court appearances are required, the attorney representing the Committee may submit a cost bill to the Court for payment, but in no event shall said fee exceed $500.00.

 

  1. (G)The Clerk of this Court shall accept for filing all complaints filed pursuant to section 44 (F) and all filing fees, service costs and court costs associated with the filing of such complaint shall be waived until a judgment is entered by the Court for a violation, at which time such costs shall be charged to the offender.

 

(Revised October 14, 2003)

LAW ENFORCEMENT OFFICERS AS PARTY

  1. (A)

In all Domestic Relations hearings, when a law enforcement officer is a party thereto, that officer shall not show up at the Court hearing in uniform or with a weapon. This will apply to motions as well as full Court trials.

 

(Effective August 8, l990)

PSYCHOLOGICAL EVALUATION

  1. (A)

Before the Court orders the parties or the minor children to undergo psychological evaluation, there shall be a finding by the Court that the psychological evaluation is necessary in order for the Court to properly decide the case and in the best interest of the parties or the minor children. Such evaluation may be requested by one or all of the parties, the Guardian Ad Litem or the Court may order it sua sponte, but in any case, the above finding by the Court is required for such order.

  1. (B)

If one party requests a psychological evaluation, that party shall pay the costs of the evaluation, unless the Court determines that the request for psychological evaluation was made in good faith and was based on facts which would permit a reasonable person to believe he was in good faith. In such cases, the Court shall apportion the initial and final cost of the evaluation in accordance with the ability of the respective parties to pay said costs or other factors regarding equities between the parties. The Court shall consider any medical insurance available to the parties in making its apportionment of the costs.

 

(Effective April 15, 1992)

FEES FOR COMPUTER RESEARCH AND SERVICES

  1. (A)

            Pursuant to the authority of O.R.C. 2303.201(A) it is determined that, for the efficient operation of the Civil, Criminal and Domestic Relations Divisions of this Court, additional funds are required to computerize the Common Pleas Court and to make available the computerized legal research services.   

          The Clerk of this Court is directed and hereby authorized to charge and collect an additional fee of three dollar ($3.00) upon the filing of each cause or appeal under O.R.C. 2303.201 (A), (Q), and (U).

          All funds collected pursuant to this rule shall be paid to the County Treasurer to be maintained by the County Auditor in a separate account for utilization of this Court in procuring and maintaining computerization of the Court and computerized legal research services, or both.

 

  1. (B)

            Pursuant to the authority of O.R.C. 2303.201(B) it is determined that, for the efficient operation of the Civil, Criminal and Domestic Relations Divisions of this Court, additional funds are required to computerize the office of the Clerk of the Court of Common Pleas.

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

          All funds collected pursuant to this rule shall be paid to the County Treasurer to be disbursed, upon an order of the Court of Common Pleas and subject to appropriation by the Board of County Commissioners, in an amount no greater than the actual cost to the Court of procuring and maintaining computer systems for the office of the Clerk of the Court of Common Pleas.

 

(Amended October 14, 2004)

SERVICE BY PUBLICATION AND POSTING IN

DOMESTIC RELATIONS CASES

  1. (A)

Pursuant to Ohio Civil Rule 4.4, service can be made by publication and posting in the Courthouse, plus two additional public places in the county that have been designated by Local Rule.

It is ordered that the public area at the Galion Police Department and the Crestline Police Department shall be designated for posting of notices pursuant to Civil Rule 4.

 

(Effective March 11, 1993)

COURTHOUSE SECURITY

  1. (A)

          Due to Supreme Court Standards and Home Land Security recommendations, as of April 27, 2004 the following are hereby prohibited in the Crawford County Courthouse without prior permission from the Judge of the Common Pleas Court, the Judge of the Juvenile/Probate Court or the Judge of the Municipal Court, whichever shall apply, or their designee.  All violators will be subject to prosecution.

          CAMERAS (any kind)

          RECORDING DEVICES (any kind)

          FOOD AND BEVERAGES

          OVER SIZED HANDBAGS, BAGS AND CASES

          WEAPONS OF ANY KIND

                   WEAPONS WILL BE SEIZED (submitted for charges)

          DEFENSIVE WEAPONS (mace/aerosol sprays)

          DRUGS AND ALCOHOL

          RADIOS (am/fm, CD players)

          COMMUNICATING DEVICES (cell phones, 2 way radios)

          DISORDERLY BEHAVIOR

          PERSON UNDER THE INFLUENCE OF DRUGS OR ALCOHOL

 

 (Effective April 27, 2004)

 

**See Local Rule 49 – Addendum

COURTHOUSE SECURITY – CELL PHONES

  1. (A) (1)

          Cell phones are allowed in the Crawford County Courthouse, but must be turned off upon entering any courtroom, hearing room or judge’s chambers for any court hearing.

 

 (Effective April 29, 2004)

MEDIATION

50.00 Referral.  After service of summons in any civil, divorce, visitation, companionship, allocation of parental rights and responsibilities of minor children, pro se litigation, or at any time after filing a post-decree motion, such case may be referred to mediation.  The Court or magistrate may issue the order on its own motion, motion of counsel, or by pro se litigant upon referral to the mediator.  Mediation shall not be used as an alternative to the prosecution or adjudication of domestic violence, nor may it be used to determine whether to grant, modify or terminate a protection order, to determine the terms and conditions of a protection order, or to determine the penalty for violation of a protection order.

 

50.01 Required Attendance.  In civil actions, except domestic relations cases, all parties to the action, their legal counsel, and if the case involves an insurance company, a representative who has full authority to settle the matter are required to attend the mediation.  In domestic relations cases, all parties may have their attorney and/or other support person attend the mediation session.  If any of the individuals identified in this section fail to attend mediation without good cause, the Court may impose sanctions, including awarding of attorney fees and court costs, contempt, or other appropriate sanctions.

 

50.02 Costs.  The costs of the mediation shall be paid by the parties in the case, unless otherwise ordered by the Court.  The costs of mediation shall be divided on an equal basis.  All fees must be paid prior to the first mediation session or must be paid before a final journal entry of judgment containing the mediated agreement will be approved by the Court.

 

50.03 Procedure.  In all domestic relations actions regarding the allocation of parental rights and responsibilities (including visitation and companionship) the cases shall be automatically stayed during the mediation proceedings.  No stay will be issued in civil cases.

 

50.04 Mediation Report.  Upon conclusion of mediation and pursuant to Ohio Revised Code section 3109.052(B), a mediation report indicating whether or not an agreement has been reached on any of the issues that were the subject of mediation shall be filed with the Court.  In domestic relations cases, if an agreement is reached, the mediator shall prepare a written memorandum of agreement and furnish a copy to each party and to each attorney representing the party so the attorney can prepare an acceptable entry for presentation to the Court at which time the case shall be returned to the Court’s active docket for further proceedings.  In civil mediation the parties are to appear with counsel (unless pro se) and, if an agreement is reached, the plaintiff’s attorney will prepare a written memorandum of agreement and furnish the same to each party and to the attorneys.  The plaintiff’s attorney shall also prepare the proper entry for the Court to give notice of settlement.  If an agreement is not reached, the mediator will provide a notice of results to the Court.

 

50.05 Mediation Position Statement.  In all cases except for those regarding divorce, allocation of parental rights and responsibilities, visitation, or companionship, at least five (5) days prior to civil mediations, the parties shall return to the mediator a mediation case summary form which shall include the following:

 

  1. The elements of each claim asserted by the party filing the form;
  2. A brief statement of facts supporting the claim(s), admitted or undisputed facts, and of remaining issues of fact to be tried;
  3. A brief settlement proposal; and
  4. Any other issues the parties deem pertinent to reaching an equitable and satisfactory resolution.

 

50.06 Confidentiality.  Pursuant to Ohio Revised Code sections 2710.03-2710.05 and 3109.52(B) statements made by the parties during the mediation assessment or the mediation sessions are not admissible as evidence and the mediator cannot be required to give testimony before the Court.  However, mediators may be required to testify as to a crime committed in their presence or regarding child abuse.

 

50.07 Domestic Violence Mediation.  Any mediator providing services for this Court shall maintain a policy which incorporates both screening and participation criteria which complies with the expressed intent of the Ohio Supreme Court.

 

50.08 Continuances.  Interested parties shall first contact their mediator to determine whether or not a continuance will be granted.  This request shall be made to the mediator in writing as required by rule.  If a party is not satisfied with the mediator’s decision regarding the continuance or the party wishes to file an objection to the continuance, a motion should be addressed to the Court by filing through the Clerk.

 

50.09 Qualifications of Mediators.  Mediators shall meet the qualifications of mediators as set forth in Rule 16(C)(1), (2), and (3) of the Rules of Superintendence for the Courts of Ohio.  The Court shall keep on file a list of all qualified mediators along with a photocopy of all certificates and qualification hours for each mediator to show compliance with the mediation training for the various types of mediation.

 

Issued/Adopted:  September 27, 2007

CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT (CQE)

 

51.01.  The purpose of this local rule is to define the specific local court requirements and processes that support a Petitioner’s application for a Certificate of Qualification for Employment (CQE) as set forth in Revised Code 2925.25 and related rules established by the Department of Rehabilitation and Corrections (DRC).

 

51.02.  In order to request a CQE, the Petition for Certificate of Qualification for Employment (RC 2953.25) [Form A] shall be filed with the Clerk of Courts by the Petitioner.  The Petitioner shall provide the DRC Electronic Petition Number and attach a printed receipt of electronic Petition if submitted through the DRC.  If not submitted electronically through the DRC, a written Petition must be completed on the form prescribed by the DRC and attached to the pleading.

 

51.03.  All Petitions submitted through the DRC shall be accompanied by the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).

 

51.04.  Before any action is required to be taken on the Petition, the Petitioner must pay a deposit in the amount of $300.00.  Payment of this deposit may be made in any form otherwise accepted in the court of filing.  A Judge may waive some or all of the deposit otherwise required by this Rule.  The Petitioner may submit an Affidavit of Indigency (Form B) or other relevant information for the Court’s consideration if requesting a reduction in the filing fees.

 

51.05.  All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence.  Records or information received by a court to assist the court with making its decision under Section 2953.25 of the Revised Code, including information included on a petition, shall retain their character as public or non-public records, as otherwise provided in law.

 

51.06.  Upon receipt of a Notice of Petition and the required deposit, the Clerk of Courts shall assign the Petition a miscellaneous civil case number and randomly assign the matter to a trial judge.

 

51.07.  The Court shall obtain a criminal history for the Petitioner, either through the investigation ordered in support of the Petition (see Order for Investigation (Form F)) or otherwise.

 

51.08.  The Court shall attempt to determine all other courts in the state in which the Petitioner has been convicted of or plead guilty to an offense through review of the Petitioner’s criminal history or other investigation.  The Clerk of Courts shall send a Notice to Court Regarding Petition for Certificate of Qualification for Employment (Form E) to each court so identified.  Such Notice shall be sent via ordinary US mail.

 

51.09.  The Clerk of Courts shall also send a Notice to Prosecutor Regarding Petition for Certificate of Qualification for Employment (Form D) and Submission of Information Regarding Petition for Certificate of Qualification for Employment (Form E) to the Prosecuting Attorney of the county in which the Petition was filed.

 

51.10.  The Judge or Magistrate shall review the Petition, criminal history, all filings submitted by the prosecutor or victim in accordance with the rules adopted by the division of parole and community services, and all other relevant evidence.

 

51.11.  The Judge or Magistrate may order any report, investigation or disclosure by the Petitioner that it believes is necessary to reach a decision (see Order for Investigation(Form F) and Order for Addition al Information (Form G)).

 

51.12.  Once all information requested has been received, a Judge shall decide whether to Grant (Form H) for Deny (Form I) the Petition within sixty days, unless Petitioner requests and is granted an extension of time.  The decision to grant or deny a Petition may be referred to a Magistrate, and then sent to the Judge for a final Judgment Entry and Order.  All notice and objection periods regarding a magistrate’s decision would apply as set forth in the civil rules.

 

51.13.  The Clerk shall provide a written notice to the Petitioner of the Court’s Decision and Judgment Entry.  If denied, the notice shall include conditions, if any, placed on subsequent filings and language that a final appealable order has been filed.  The Clerk shall also notify the DRC of the disposition of the petition as required under the Administrative Rules, and if granted order the DRC to issue the CQE to Petitioner.

 

Issued/Adopted:  May 28, 2013

Crawford County Common Pleas Court

Intensive Supervision and Treatment Program

 

52(A)    Establishment of Crawford County Common Pleas Court Intensive Supervision and Treatment Program.  The Court hereby establishes the “Crawford County Common Pleas Court Intensive Supervision and Treatment Program” effective August 31, 2015.  This program is created to be used as a method of treatment for drug offenders as part of his or her community control sanctions, or as part of his or her treatment in lieu of conviction.  The goals and objectives of the program are to provide supervision and effective treatment for drug offenders or drug related offenders and to reduce recidivism of drug or drug related offenders.

 

52(B)     Placement in the Crawford County Common Pleas Court Intensive Supervision and Treatment Program.  Upon the request of a drug offender or probation officer following a conviction for a drug offense or drug related offense or a request for treatment in lieu of conviction pursuant to Ohio Revised Code §2951.041, a Judge may refer an individual to the Crawford County Common Pleas Court Intensive Supervision and Treatment Program as part of the individual’s community control sanctions or required treatment in lieu of conviction.  The offender/defendant will complete a screening and assessment.  The Crawford County Common Pleas Court Intensive Supervision and Treatment Program Team will then determine appropriateness for participation in the program based upon specific eligibility criteria and make recommendations to the Crawford County Common Pleas Court Intensive Supervision and Treatment Program Judge.   The Crawford County Common Pleas Court Intensive Supervision and Treatment Program Judge will determine whether to accept the individual into the program.  The program will consider offenders who meet one or more of the following legal eligibility criteria:

 

  • Committed or is accused of committing a drug offense, is drug dependent, likely to become drug dependent or is likely to commit a drug related offense
  • Crawford County resident and eligible for treatment services at the Community Counseling Services, Inc. and/or MaryHaven, Inc.
  • Out of county resident who possesses the financial resources to pay the cost of treatment at licensed treatment facility.

 

Offenders/defendants must have transportation as well as family or other sober support willing to be involved in the treatment process.  Offenders/defendants may be disqualified from the program based upon the following factors:

 

  • Significant mental illness
  • History of violent offenses
  • Pending felony charges, unless the potential participant has been determined to be eligible and suitable for treatment in lieu of conviction pursuant to Ohio Revised Code §2951.041
  • Sex offense convictions
  • Previous prison and/or parole history
  • Currently on post release control or felony supervision
  • Significant drug-related charges
  • Substantial drug abuse history
  • Highly resistant to changing behavior in spite of previous interventions and/or punishments
  • Lack of transportation or support from family/family assistance
  • Receiving Developmental Disability services or eligible for such services
  • Transient residency, or temporary or unstable housing

 

Individuals unsuccessfully terminated from the program are not eligible to re-enter the program. 

 

52(C)     Case Assignment.  If an individual is accepted into the program, the case shall be transferred to the Crawford County Common Pleas Court Intensive Supervision and Treatment Program Judge for further proceedings.  The Crawford County Common Pleas Court Intensive Supervision and Treatment Program Judge is authorized to accept any plea from the offender/defendant, sentence the offender or refer the defendant for treatment in lieu of conviction pursuant to Ohio Revised Code §2951.041, and shall have supervision responsibility over the offender/defendant.  If terminated from the Crawford County Common Pleas Court Intensive Supervision and Treatment Program, the individual shall be sentenced by the Crawford County Common Pleas Court Intensive Supervision and Treatment Program Judge or, in the event of participants referred for treatment in lieu of conviction, the case shall be referred for further proceedings by the assigned judge.   For purposes of Supreme Court statistical reporting, the case shall be considered disposed by the assigned Judge when the offender/defendant is found guilty of the offense.  

 

52(D)    Crawford County Common Pleas Court Intensive Supervision and Treatment Program Case Management. Crawford County Common Pleas Court Intensive Supervision and Treatment Program participants shall be placed on reporting community supervision of the Adult Parole Authority, Crawford County Office or the Crawford County Common Pleas Court Probation Department.  Participants shall be placed in treatment with Community Counseling Services, Inc. and/or MaryHaven, Inc. or an approved licensed treatment facility and attend sober support meetings.  Participants will be monitored by the Crawford County Common Pleas Court Intensive Supervision and Treatment Program Probation Officer, the Crawford County Common Pleas Court Intensive Supervision and Treatment Program Judge, and the Treatment Agency.  In addition, participants shall be required to attend bi-weekly meetings with the Crawford County Common Pleas Court Intensive Supervision and Treatment Program Judge.  All terms and conditions for successful completion of the Crawford County Common Pleas Court Intensive Supervision and Treatment Program shall be established by the Program Judge, and are subject to revision by said Judge.

 

52(E)     Termination from the Crawford County Common Pleas Court Intensive Supervision and Treatment Program.  A participant will be terminated from the program when found to be in non-compliance with the terms and conditions of the program.  Common behaviors that lead to unsuccessful terminations include:

 

  • Non-compliance with treatment;
  • Failed drug and alcohol screens
  • Resistance to treatment;
  • New criminal, or new drug or drug related conviction; and
  • A probation violation or series of probation violations.

 

Termination proceedings will occur before the Crawford County Common Pleas Court Intensive Supervision and Treatment Program Judge.  A participant could face the imposition of the balance of sentence, transfer to an alternative supervision program, placement in a residential treatment program, or other penalties deemed appropriate by the Crawford County Common Pleas Court Intensive Supervision and Treatment Program Judge.  Individuals terminated unsuccessfully from the program are not eligible to participate in the future.

 

52(F)     Participants of the Crawford County Common Pleas Court Drug Court Specialized Docket.  Any and all individuals participating in the Crawford County Common Pleas Court Drug Court Specialized Docket Program at the time of this Amended Rule’s Adoption shall become participants in the Crawford County Common Pleas Court Intensive Supervision and Treatment Program.  A participant’s transfer into the Intensive Supervision and Treatment Program does not constitute unsuccessful termination from any Drug Court Program.

 

52(G)    Judicial Discretion Throughout the Crawford County Common Pleas Court Intensive Supervision and Treatment Program.  The Crawford County Common Pleas Court Intensive Supervision and Treatment Program Judge shall retain discretion to alter a participant’s requirements as part of the program.

 

Issued/Adopted: October 1, 2013

Revised: June 10, 2015

Revised: August 31, 2015

PATRICIA J. CALDWELL

Clerk of Court of Common Pleas

PO Box 470

Legal Department Bucyrus, Ohio 44820 Title Department

419/562‑2766 419/562‑4888

August 2, 1989

 

 

 

TO: Crawford County Attorneys

RE: Document Margins

 

“We are finding it very difficult to be able to time stamp documents at the top of the page and have the stamp legible.

 

In order to eliminate this problem, I am asking, effective immediately, that you leave a two and one-half (2½) inch margin at the top of the cover page of all documents, including Court of Appeals documents.

 

Our office will greatly appreciate your co‑operation and assistance in this matter.”

 

Sincerely,

PAT CALDWELL, Clerk

 

Crawford County, Ohio

Aug. 15, 1995

 

Domestic Relations Forms For Suggested Use

Notice to Clerk of Court for Temporary Order (No Counter-Affidavit)

**Removed: December 31, 2008

Notice to Clerk of Court for Temporary Order (Counter Affidavit)

**Removed: December 31, 2008

Affidavit in Support of Motion or Request for Spousal Support Pendente Lite and/or Motion or Request for Temporary Order regarding Support, Maintenance and Care of Minor Children of the Marriage.

Counter-Affidavit

Certificate of Qualification for Employment (CQE) Forms For Suggested Use

Form A – Petition for CQE

Form B – Affidavit of Indigency

Form C – Notice to Court of Petition for CQE

Form D – Notice to Prosecutor of Petition for CQE

Form E – Response to Request for Information Regarding Petition for CQE

Form F– Order for Investigation Regarding Petition for CQE

Form G – Order for Additional Information for Petition for CQE

Form H – Judgment Entry Granting Petition for CQE

Form I – Judgment Entry Denying Petition for CQE