10.01 When a Complaint, counterclaim or a motion to establish or modify custody or the allocation of parental rights and responsibilities is sought, the party so moving shall file the original pleading, a memorandum or affidavit in support, child custody affidavit and Title IV-D application. Pleadings shall be signed in accordance with Ohio Civil Rule 11. The matter will be set for a pretrial/uncontested hearing before a hearing officer at which time further hearings, referrals, investigations, assessments, etc. shall be discussed and scheduled. If service is complete on the opposing party and the opposing party fails to appear, personally or through counsel, an uncontested hearing shall take place.

10.02 Counsel filing a Complaint, counterclaim or a motion to establish or modify custody or the allocation of parental rights and responsibilities shall also file a notice of hearing that contains the following language:

"This matter has been scheduled for a pretrial hearing and Uncontested hearing on ___________________, _______at ___________ .m. The parties, with or without counsel shall be present on the above date on the Second Floor of
the Safety Building, Troy, Ohio. Failure to appear may result in the dismissal of the matter or an uncontested hearing on the matter.

10.03 Complaints/Motions involving custody or visitation filed by a nonparent shall state the relationship to the minor child. A home study shall be ordered for all cases where a nonparent requests custody. The party seeking custody shall pay the cost of the home study.

10.04 The Court may furnish and require the execution of such forms as it shall deem necessary to be filed with any pleading or Motion filed with the Clerk. No pleading or Motion shall be accepted for filing until the information requested in such forms is submitted, unless waived by the Court.

10.05 A completed IV-D application shall be filed with each Complaint, Petition and/or Motion filed which requests a determination paternity or allocation of any or all parental rights and responsibilities.

10.06 A proposed Judgment Entry or Entry Setting Hearing shall be submitted with all Motions. All Entries setting hearings shall specifically state all motions/matters to be heard at said hearing.


11.01 The deputy clerks of the Juvenile Division shall not prepare complaints unless instructed to do so by the Judge. The Court shall not be placed in the position of initiating complaints by its staff and thereby promoting the conclusion that the Court is starting cases, and thereby casting the Court in a nonjudicial character. This rule does not apply to the filing of Motions by the Probation department for violation of terms of probation or Court Orders.


RULE 12 CRIMINAL CHARGES AGAINST ADULTS

12.01 The statutory procedures and the Rules of Criminal Procedure shall be
followed with respect to adult criminal actions wherein the Juvenile Division has jurisdiction.

12.02 All persons charged with offenses and who are being held under process from this Court or who have been arrested and charged in this Court shall be brought before the Court for arraignment immediately upon arrest or without unnecessary delay or post bond in accordance with the Rules of Criminal Procedure established by the Ohio Supreme Court.


RULE 13 BONDS AND RECOGNIZANCE

13.01 Appearance bonds for adults shall be fixed by the Judge or assigned Magistrate in each individual case upon arraignment, or at such other time as may be determined; the deputy clerks shall endorse on all Warrants for the arrest of adults the amount of bond as may be provided by the Judge for such offense. The issuance of a warrant without endorsement as to the amount of bond shall indicate that the bond must be fixed by the Judge or assigned Magistrate.

13.02 Other bonds or recognizance to appear as may be provided by the Judge or assigned Magistrate shall be in the form as provided by the law, order of this Court, or other Court to which the person may be held to answer. Responsibility of parents for appearances of juveniles shall be considered on the same basis as bonds.

13.03 The sufficiency of sureties shall be determined by the Judge or assigned Magistrate in each case; and when real property is offered as security by a surety, the Court shall require twice the value of said property that appears upon the county tax list maintained by the office of the County Auditor.

13.04 An entry of denial of felony delinquency charge(s) may be filed by the defendant’s attorney on behalf of the child, but an appearance at an arraignment on said charge(s) is mandatory for the child and parent. In addition to accepting the child’s plea of denial on the record at the arraignment, the Court will use the opportunity to also determine the necessity of placing the defendant in detention, on electronic home monitoring or on house arrest pending further hearing.


RULE 14 PRE-TRIAL CONFERENCES

14.01 Trial counsel shall appear at each pre-trial conference with client(s).
At the pre-trial, trial counsel should be prepared for settlement of all issues. In the event
that all issues are not settled at the pre-trial, the following matters shall be considered or
completed by counsel for the parties: E. Views of the scene.

F. Status of case for trial.

G. Narrow trial issues by stipulation.

H. Parties shall have made at least one (1) good faith attempt to settle the case.

The pre-trial conference shall not be assigned later than one (1) week before the assigned trial date of the action, except as required by law or Order of the Judge or assigned Magistrate. All counsel shall be fully prepared to discuss all of the above issues at pre-trial. Failure to be so prepared may result in the imposition of sanctions, attorney fees and/or court costs.


RULE 15 DISCOVERY

15.01 "Open discovery" facilitates settlement and timely preparation of the issues in controversy. Information, documents and material in the custody, control or possession of one party that are discoverable under Rule 24 of the Ohio Rules of Juvenile Procedure or Rule 34 of the Ohio Rules of Civil Procedure where applicable, are considered an "open file" for the purpose of discovery by another party, subject to the limitations/protections of Juvenile Rule 24(B) or Civil Rule 26(C). Discoverable items include, but are not limited to, police reports, supplemental police reports, and a children's services agency case file (excluding the referral sources, third party investigation reports, foster parent records, adoption records, attorney-client privileged information and attorney work product). This broad discovery assists in arriving at the truth, expedites the hearing process, and may reduce the adversarial nature of the proceedings.

15.02 Discovery authorized by Juvenile Rule 24 or Civil Rule 34 shall proceed upon the written request of on party to another without a prior court order. The party from whom discovery is requested shall produce for Inspection, copying, or photographing, the discoverable items to the requesting party as follows or as otherwise agreed by the parties or instructed by the Court:

A. if the requested party is nongovernmental and represented by counsel, at the office of the attorney for the requesting attorney;

B. in parentage/URSEA/child support proceedings where the requested party is the Miami County Child Support Enforcement Agency, at the MCCSEA offices;

C. in delinquency/unruly/traffic cases where the prosecutor is the requested party, at the office of the Miami County Prosecuting Attorney;

D. in dependency, neglect, abuse cases where Miami County Children Services is the requested party, at the office of the Miami County Prosecuting Attorney;

15.03 When the discoverable materials are documents, any party may comply with a request for discovery by mailing accurate legible copies to the attorney of the requesting party or if unrepresented, to the party.

15.04 If discoverable items are physical evidence or other evidence that is not readily copied, then the items shall be made available to the requesting party for inspection, photographing or other copying.

15.05 Counsel is ultimately responsible for the production of the discoverable material.

15.06 Parties shall have a continuing duty to disclose additional discoverable information or material subsequent to compliance with the original request for discovery without the necessity of filing a new request for more current information.