- Common Pleas Court
- Court Rules
- Local Rule 2
Local Rule 2
2.01 COSTS AND FILING PROCEDURES
(A) SECURITY FOR COSTS
No civil action or proceeding shall be accepted by the Clerk for filing unless the party or parties offering the same for filing shall have first deposited a sum to secure the payment of the costs that may accrue in such action or proceeding except as otherwise provided by law. Such advance deposit shall be in accordance with the following schedule:
(1) Divorce, Dissolutions with Children, Annulment, Legal Separation $330.00
Dissolutions without children $280.00
(2) Civil Petitions, other than domestic relations $300.00
(3) Complaints $300.00
(4) Third Party Claims, Counterclaims, and Cross-Claims $150.00
(5) With personal service or out of county service, an additional $ 30.00
"Service by publication shall be contracted directly with the publisher by counsel."
For out of state service, attorney shall contact agency making service and include separate check for charges of agency
(6) Proceedings in aid of execution, garnishments, and debtor’s examination $ 50.00
(7) Motion to modify a former judgment entry of this Court, the moving party shall pay all unpaid court costs which said moving party has been ordered to pay and in addition thereto shall deposit $100.00
If said motion or application is accompanied by a judgment entry determining said issue, and in which court costs can be immediately determined, the costs shall be paid concurrently with the filing.
(8) In expungement proceedings, required by Section 2953.32(C) Revised Code $ 50.00
(9) In domestic relations cases, after initial filing, if any temporary order is requested, an additional $ 50.00
In criminal cases if restitution is ordered, monies deposited shall be applied by the Clerk first to costs and supervision fees, and second to restitution and fines unless ordered otherwise by the Court.
(10) Fee for appraiser, unless otherwise ordered by the Court $ 50.00
(11) Publication of Order of Sales $1,030.00
(12) Online Auction Company authorized by the State of Ohio for Sheriff Sales $220.00
(13) Billing fees for Certificate of Judgments
(a) If the judgment was issued by the Miami County Common Pleas Court the following applies:
(i) Certificate of Judgment issued and filed in Miami County $ 35.00
(ii) Certificate of Judgment issued only - so it can be given to the attorney to be filed elsewhere $ 5.00
(b) A Certificate of Judgment issued by any court other than the Common Pleas Court of Miami County $ 30.00
(c) To release a Certificate of Judgment filed in Miami County $ 5.00
(d) Any State of Ohio Certificate of Judgment filed on or after August 22, 1994 the cost to release will be $ 35.00
2.02 INABILITY TO SECURE COSTS
If a litigant claims inability to either prepay or give security for costs, the litigant shall complete as a part, either directly or by reference, of the affidavit required by Sections 2323.30 and 2323.31, a financial sheet or form approved by the Clerk substantiating such inability, all of which shall be filed with the pleadings as a public record and treated as other papers in such case.
2.03 DISCRETION OF THE CLERK
The Clerk of this Court is granted the following power in the Clerk's discretion:
(A) If the costs are not paid at the termination of the litigation, any deposit for costs may be applied, by the Clerk, to the unpaid costs.
(B) If the costs are not paid at the termination of the litigation, the Clerk may advise the court and the court may delay filing of the judgment entry until all costs are paid.
(C) The Clerk may make periodic or partial distribution of monies deposited for the purpose of restitution, pursuant to court order, unless otherwise ordered by the court in a particular case.
(D) The Clerk may require additional deposit for costs as may be required.
2.04 FILE STAMPING
The top two (2) inch square of the right hand corner of the initial sheet of every pleading, motion or brief, or other papers filed for record shall be left blank in order that the Clerk of this Court may file stamp the date and time of filing. The Clerk is authorized to refuse to accept any such document not conforming to such requirement.
2.05 DESIGNATION OF ASSIGNED JUDGE
As soon as it is determined to which Judge a case has been assigned, whether civil or criminal, the name of such Judge shall be set forth in the style of each pleading or other paper filed for record.
2.06 NOTICE OF DEFAULT JUDGMENT HEARING
In any action in which a default judgment is taken, the Clerk shall file stamp and retain a copy of the notice of hearing, if ordered, as a permanent record in such actions. Motions for default judgment are not subject to Loc.R. 3.03.
2.07 COMPANION CASES
Where companion cases have been assigned to different judges, the cause of action with the later case number shall be reassigned to whichever Judge has been assigned the cause of action with the earlier case number, unless the Administrative Judge specifically orders otherwise. A companion case includes a declaratory judgment arising from a personal injury case already filed.
In any instance where a previously filed and dismissed case is refiled, that case shall be reassigned to the Judge originally assigned by lot to hear it; unless for good cause shown, that Judge is precluded from hearing the case.
2.08 JURORS FEES
Jurors fees in civil cases shall be taxed as costs as provided in R.C. 2335.28.
2.09 FACSIMILE FILING RULE
The provisions of this local rule are adopted under Civ.R. 5(E) and Crim.R.12(B) and Appendix E of the Rules of Superintendence for the Courts of Ohio.
Pleadings and other papers may be filed with the Miami County Clerk of Courts by facsimile transmission to 937-440-6011 subject to the following conditions:
(1) These rules apply to civil, criminal, and domestic relations proceedings in the Miami County, Ohio, Common Pleas Court General Division.
(2) These rules do not apply to petitions for domestic violence, civil stalking, or sexually oriented offense protection orders where an exparte order is requested.. In such proceedings no facsimile transmission of documents will be accepted.
(3) The following documents will not be accepted for fax filing: cognovit promissory notes, petitions for domestic violence, civil stalking, or sexually oriented offense protection orders where an exparte order is requested. In such proceedings no facsimile transmission of documents will be accepted.
(B) ORIGINAL FILING
(1) The first document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The Clerk of Court shall provide the assigned judge with a copy of the fax and cover sheet
(2) The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
As used in these rules, unless the context requires otherwise:
(1) A "facsimile transmission" means the transmission of a source document by a facsimile machine that encodes a document into optical or electrical signals, transmits and reconstructs the signals to print a duplicate of the source document at the receiving end.
(2) A "facsimile machine" means a machine that can send and receive a facsimile transmission.
(3) "Fax" is an abbreviation for "facsimile" and refers, as indicated by the context, to facsimile transmission or to a document so transmitted.
(4) “Source document” means the document transmitted to the court by facsimile machine/system.
(D) COVER PAGE
(1) The person filing a document by fax shall also provide therewith a cover page containing the following information: [See appendix for sample cover page form.]
(a) the name of the court;
(b) the title of the case;
(c) the case number;
(d) the assigned judge;
(e) a description of the document being filed (e.g. Defendant Jones' Answer to Amended Complaint; Plaintiff Smith's Response to Defendants' Motion to Dismiss; Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' Motion to Dismiss);
(f) the date of transmission;
(g) the transmitting fax number;
(h) an indication of the number of pages included in the transmission, including the cover page;
(i) if a judge or case number has not been assigned, state that fact on the cover page;
(j) the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and
(2) If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may deposit it in the case jacket but it need not be entered into the Case Docket and it may be considered to be a nullity and thereby stricken from the record.
(3) The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.
(1) A party who wishes to file a signed source document by fax shall either:
(a) fax a copy of the signed source document; or
(b) 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.
(2) A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
(1) Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing. Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.
(2) Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the 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 in this court. [See appendix for sample exhibit cover sheet.]
(G) TIME OF FILING
(1) Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the fax transmission was received by the Clerk of Court. The office of the Clerk shall be deemed upon to receive facsimile transmission of documents on the basis of 24 hours per day, seven days per week, including holidays. Each page of any document received by the Clerk shall be automatically imprinted with the date and time of receipt. The date and time printed on the document will determine the time of filing, provided the document is deemed accepted by the Clerk.
(2) The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission. Fax filings may not be sent directly to the Court.
(3) The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
(H) FEES AND COSTS
(1) No document filed by facsimile that requires a filing fee or payment of a cost shall be accepted by the Clerk for filing until court cost and fees have been paid, or other arrangements made with the Clerk. Documents tendered without payment of court costs or fees, or which do not conform to applicable rules will not be filed.
(2) No additional fee shall be assessed for facsimile filings.
(I) LENGTH OF DOCUMENT
(1) Facsimile filings shall not exceed 10 pages in length including the cover page and all attachments and exhibits. Multiple fax transmissions shall not be used to circumvent this limitation. The filer shall not transmit service copies by facsimile.
(J) EFFECTIVE DATE
(1) These local rules shall be effective January 1, 2012, and shall govern all proceedings in actions brought after they take effect and also further proceedings in pending actions, except to the extent that, in the opinion of the court, their application in a particular action pending on the effective date would not be feasible or would work an injustice, in which event, the former procedure applies.
(1) Sample Facsimile Filing Cover Page