Court News & Announcements 04/08/13 NEW LOCAL RULE 2.40, CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT 03/06/13 AMENDMENTS TO LOCAL RULE 2.03, COSTS 02/01/13 MANDATORY ELECTRONIC FILING OF CRIMINAL AND FUGITIVE CASES 11/20/12 DELAYED IMPLEMENTATION: MANDATORY CRIMINAL EFILING 11/01/12 eFiling for Process Servers and Criminal and Fugitive cases 10/12/12 I-75 Downtown Dayton Construction Update 08/08/12 PROPOSED AMENDMENT(S) TO LOCAL RULE 2.31 05/01/12 PROPOSED AMENDMENT(S) TO LOCAL RULE 1.23 11/02/11 PROPOSED AMENDMENT(S) TO LOCAL RULES 1.27 and 2.39 08/08/11 AMENDMENT TO LOCAL RULE 1.33 EFFECTIVE AUGUST 8, 2011 06/08/11 PROPOSED AMENDMENT(S) TO LOCAL RULES 1.15 1.35 1.37 1.41 2.17 02/14/11 Request For Quotation, Legal Publishing Services 08/04/10 AMENDMENT(S) TO LOCAL RULE 1.27 06/03/10 Final Entry and Order: Loc. R. 2.23, Judicial Sale of Real Estate 05/05/10 AMENDMENT(S) TO LOCAL RULE 2.23 02/02/10 PROPOSED Amendment to Local Rule 2.23 12/01/09 EFILILING Civil Cases to be mandatory 11/04/09 AMENDMENT TO LOCAL RULE 2.03, COSTS 09/01/09 Evidence Destruction Notice 08/11/09 Request For Quotation, Transcription Services 06/06/09 Amendments to all local rules through June 08, 2009 06/05/09 AMENDMENT(S) TO LOCAL RULE 2.33 05/07/09 Amendments to local rules 1.33, 2.01, 2.03, 2.35 & 2.39 04/27/09 LAW DAY 04/20/09 E-Filing Administrative Rule, effective April 1, 2009 03/04/09 AMENDMENT TO LOCAL RULE 2.31 11/04/08 AMENDMENT(S) TO LOCAL RULE 1.19, 1.27, 1.29, 1.30, 2.03 10/08/08 Notice for destruction of Evidence 08/11/08 PROPOSED E-Filing ADMINISTRATIVE RULE 08/10/08 PROPOSED AMENDMENT(S) TO LOCAL RULE 1.19, 1.27, 1.29, 1.30 06/01/08 AMENDMENT(S) TO LOCAL RULE 2.01 05/19/08 Mortgage Foreclosure Help Resources 05/02/08 Law Day Dayton Daily News insert 03/06/08 New E-Filing webblog now available 01/23/08 Request For Quotation, Transcription Services 09/06/07 Local Rule Change 08/01/07 RFP for Electronic Filing System 05/22/07 Trial By Jury 05/10/07 Proposed Local Rule Change 05/10/07 Proposed Local Rule Change 05/06/07 Entrance Access during Construction 03/07/07 Proposed Local Rule Change 02/09/07 Local Rule Change 05/16/06 Electronic Filing Project Newsletter 03/07/06 Montgomery County Common Pleas Court Sponsors Law Day Essay Contest 06/01/05 Jury News 03/01/05 Pre-S.B. 80 Case Management Track 03/11/04 PROPOSED AMENDMENTS TO LOCAL RULES 02/12/04 HABITAT AWARD 11/14/03 NOTICE OF REVISED AMENDMENTS TO LOCAL RULES 11/04/03 GENERAL DIVISION WEB SITE RECEIVES NATIONAL RECOGNITION 06/04/03 Division of Criminal Justice Services ACA / CAC Audits 04/30/03 Law Day 2003

Local Rule Change

Posted: 2007-02-09

NOTICE TO ATTORNEYS

FROM THE MONTGOMERY COUNTY COMMON PLEAS COURT

GENERAL DIVISION

On February 6, 2007, the Court approved revisions to the Local Rules of Practice and Procedure for the General Division of the Montgomery County Court of Common Pleas. This revision will increase the deposit for all civil cases (other than mortgage foreclosures) from $225.00 to $250.00 effective March 1, 2007. The additional $25.00 special project fee will be for costs associated with Electronic Filing.

AMENDMENT TO LOCAL RULE 2.03

COSTS

EFFECTIVE MARCH 1, 2007

NOTICE: On February 6, 2007, the General Division of the Montgomery County Court of Common Pleas approved the following revision(s) to the Local Rules of Practice and Procedure for the General Division of the Montgomery County Court of Common Pleas.

Deletions are shown with the following attributes and color:

Strikeout, Blue

Insertions are shown with the following attributes and color:

Double Underline, Redline, Red

RULE 2.03

COSTS

1. No civil action or proceeding shall be accepted for filing unless there is deposited as security for costs the amount of $225$250.00 for all civil complaints, except for mortgage foreclosure actions which shall be $500.00. Additional deposits may also be required as set forth in Appendix G.

2. If the party initiating the civil action is unable to give security or a cash deposit as provided under this rule, then said party shall file a poverty affidavit along with the complaint. The affidavit shall be accepted by the Clerk of Courts and the collection of costs shall be postponed until the case is terminated.

3. Appropriate Dispute Resolution Fee

a. Pursuant to Ohio Revised Code, Section 2303.201 (E)(1), the General Division of the Court of Common Pleas for Montgomery County, Ohio has determined that for the efficient operation of the Court, additional funds are necessary to pay for dispute resolution services.

b. As authorized under Section 2303.201(E)(1) of the Revised Code, the Clerk of Courts for Montgomery County, Ohio shall charge in addition to all other court costs a fee of forty-three dollars ($43.00) that is to be collected on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

c. All fees collected shall be used to implement mediation, arbitration, and any other procedures established for the resolution of disputes between parties to any civil or criminal action that is within the jurisdiction of the Court. All fees collected shall be paid to the Montgomery County Treasurer. The Treasurer shall place the funds from the fees in a separate appropriate dispute resolution fee fund to be disbursed upon an order of the General Division of the Court of Common Pleas for Montgomery County, Ohio.

4. General Special Project Fee

a. Pursuant to Ohio Revised Code, Section 2303.201 (E)(1), the General Division of the Court of Common Pleas for Montgomery County, Ohio, has determined that for the efficient operation of the Court, additional funds are necessary to acquire and pay for special projects of the Court.

b. As authorized under Section 2303.201(E)(1) of the Revised Code, the Clerk of Courts for Montgomery County, Ohio shall charge, in addition to all other court costs, a fee of sixteen dollars ($16.00) that is to be collected on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

c. As authorized under Section 2303.201(E)(1) of the Revised Code, the Clerk of Courts for Montgomery County, Ohio, shall charge, in addition to all other court costs, a fee of twenty-five dollars ($25.00) that is to be collected on the filing of each criminal cause, civil action or proceeding, or judgement by confession. This fee shall be utilized for special projects related to electronic filing and storage of case records and related materials.

d. All fees collected shall be used for special projects consistent with Ohio Revised Code 2303.201(E)(1). All fees collected shall be paid to the Montgomery County Treasurer. The Treasurer shall place the funds from the fees in separate general special project fund to be disbursed upon an order of the General Division of the Court of Common Pleas for Montgomery County.

APPENDIX G (referred to in Loc. R. 2.03, Costs & Loc. R. 2.33, Aid of Execution)

FILING FEES IN MONTGOMERY COUNTY COMMON PLEAS COURT

GENERAL DIVISION

(Subject to change - check with Clerk’s Office)

CIVIL COMPLAINTS

CERTIFICATES OF JUDGMENT

EXECUTIONS

SERVICE BY PUBLICATION

PERSONAL SERVICE FOR WITNESSES (See Note 4)

MISCELLANEOUS

Note 1: If an execution case has been filed against you on this lien, there may be additional costs. Please contact the Montgomery County Clerk of Courts to determine how much the release will be.

Note 2: Plus $1.00 for each bank.

Note 3: Effective September 1, 2002, the Montgomery County Common Pleas Court, Civil Division, will no longer forward notices to effect services by publication to the Daily Court Reporter or collect the Daily Court Reporter’s fees. It will be the sole responsibility of the filer to forward a Common Pleas Court time-stamped copy to the Daily Court Reporter.

Upon receipt, the notice will be sized and measured. A proof copy of the notice will be faxed to the filer along with the publication fee. The filer is responsible for proofing the notice and notifying the Daily Court Reporter of corrections and remitting payment to the Daily Court Reporter. Once payment is received in full, the Daily Court Reporter will place the notice in the next edition. The filer will receive a copy of the ad after the first publication. The Daily Court Reporter will forward to the Common Pleas Court, a notarized proof of publication.

This change in procedure concerns publication of notices for service by publication only. There is no change in the publication of notice of Sheriff’s sale procedure. Sheriff’s sale notices will continue to be sent by the Sheriff to the Daily Court Reporter.

Note 4: a. Police Officers and medical records librarians are excluded from witness charges.

b. Attorneys submit checks payable to witness served with Subpoena.

c. If witness lives outside of Montgomery County, add mileage of $.10 mile, round trip.