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Rule Changes

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

AMENDMENTS TO LOCAL RULE 2.40, CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT (CQE)

(EMERGENCY STATUS – EFFECTIVE JUNE 13, 2016)

The General Division of the Montgomery County Common Pleas Court adopted amendments to Local Rule 2.40 effective June 13, 2016.

Pursuant to Mont. Co. C.P.R. 1.03 of the Local Rules of Practice and Procedure for the Montgomery County Court of Common Pleas and Rule 5 of the Rules of Superintendence for the Courts of Ohio, the adopted amendments are being published for a sixty-day comment period beginning Monday, June 13, 2016, through Thursday, August 11, 2016.

Comments regarding the adopted amendments to Local Rule 2.40 can be submitted via email to rulecom@montcourt.org or in writing to:

James E. Dare, Court Administrator

Montgomery County Common Pleas Court

41 N. Perry Street

P.O. Box 972

Dayton, OH 45422

Comments must be received by 4:30 p.m. on Thursday, August 11, 2016.

Rule 2.40 – Certificate of Qualification for Employment (CQE)

This Rule defines the specific requirements and processes that support a petitioner’s application for a Certificate of Qualification for Employment (“CQE”) as set forth in R.C. § 2953.25 and related rules established by the Ohio Department of Rehabilitation and Corrections (“ODRC”).

A: In order to request a CQE, a petitioner shall follow the ODRC procedures to complete a petition, obtain ODRC approval and obtain an ODRC petition number.

B: The Court shall not take action on the petition until the petitioner pays a deposit in the amount of $50.00.

C: Assignment.

1. If the conviction upon which a CQE Petition is made originated in Montgomery County, Ohio, the case shall be assigned to the sentencing Judge.

2. If the conviction upon which a CQE Petition is made did not originate in Montgomery County, Ohio, the case shall be randomly assigned pursuant to Mont. Co. C.P.R. 1.19.

3. The assigned Judge may refer the petition to a Magistrate.

D: The Court shall obtain a criminal history for the Petitioner.

E: Records or information received by the assigned Judge to assist in making a decision on the CQE Petition, including information from the Petition, shall remain public or non-public records as otherwise provided by law.

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES

(EMERGENCY STATUS – EFFECTIVE MARCH 7, 2016)

 

The General Division of the Montgomery County Common Pleas Court adopted amendments to Local Rule 2.03 effective March 7, 2016

Pursuant to Mont. Co. C.P.R. 1.03 of the Local Rules of Practice and Procedure for the Montgomery County Court of Common Pleas and Rule 5 of the Rules of Superintendence for the Courts of Ohio, the adopted amendments are being published for a sixty-day comment period beginning Monday, February 8, 2016, through Thursday, April 7, 2016.

Comments regarding the adopted amendments to Local Rule 2.03 can be submitted via email to rulecom@montcourt.org or in writing to:

James E. Dare, Court Administrator

Montgomery County Common Pleas Court

41 N. Perry Street

P.O. Box 972

Dayton, OH  45422

Comments must be received by 4:30 p.m. on Thursday, April 7, 2016.


Rule 2.03 – Court Costs and Special Fees

 

A.      FILING FEE:

1.      No civil action or proceeding shall be accepted for filing unless there is deposited as security for costs the amount set forth in Appendix G.

2.      A convenience fee of 2.0% (“Conv. Fee”) shall be added to all eFiled cases and shall be paid at the time of filing, along with the deposit.  This Conv. Fee applies to cases filed by pro se parties who are not registered users of the Court’s eFile system and file in accordance with Mont. Co. C.P.R. 1.15(J).

3.      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 an affidavit of indigence along with the complaint or other filing requiring a filing fee as set forth in Appendix G. 

a.      The affidavit shall be accepted by the Clerk and the collection of costs shall be postponed until the case is terminated.

b.      The Court may review the affidavit of indigence and make a determination whether the filer is, in fact, indigent.  The Court may refer the affidavit of indigence to the Magistrate to make the determination.

 

B.      COURT LEGAL RESEARCH/COMPUTERIZATION FEE:

1.      Pursuant to R.C. § 2303.201(A)(1), the Court has determined that, for the efficient operation of the Court, additional funds are necessary to computerize the Court and to obtain legal research services.

2.      As authorized under R.C. § 2303.201(A)(1), the Clerk shall charge an additional fee of $6.00 on the filing of each cause of action or appeal under divisions (A), (Q), and (U) of R.C. § 2303.20.

3.      All fees collected pursuant to this Subsection shall be used for procuring and maintaining computerization of the Court and computerized legal research services.

4.      All fees collected pursuant to this Subsection shall be paid to the Montgomery County Treasurer (“Treasurer”), who shall place the funds from the fee in a separate fund to be disbursed upon an order of the Court. 

 

C.      CLERK COMPUTERIZATION/TECHNOLOGY ADVANCE FEE:

1.      Pursuant to R.C. § 2303.201(B)(1), the Court has determined that, for the efficient operation of the Court, additional funds are necessary to make technological advances in order to computerize the office of the Clerk.

2.      As authorized under R.C. § 2303.201(B)(1), the Clerk shall charge an additional fee of $20.00 on the filing of each cause of action or appeal; on the filing, docketing, and endorsing of each certificate of judgment; or on the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment under divisions (A), (P), (Q), (T), and (U) of R.C. § 2303.20 and an additional fee of $1.00 each for the services described in divisions (B), (C), (D), (F), (H), and (L) of R.C. § 2303.20.

3.      All fees collected pursuant to this Subsection shall be used for procuring and maintaining technology and computer systems for the office of the Clerk.

4.      All fees collected pursuant to this Subsection shall be paid to the Treasurer, who shall place the funds from the fees in a separate fund to be disbursed upon an order of the Court.

 

D.     SPECIAL PROJECT FEES:

1.      Dispute Resolution Fee:

a.      Pursuant to R.C. § 2303.201(E)(1), the Court has determined that, for the efficient operation of the Court, additional funds are necessary to pay for dispute resolution services.

b.      As authorized under R.C. § 2303.201(E)(1), the Clerk shall charge, in addition to all other costs, a fee of $45.00 on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

c.       All fees collected pursuant to this Subsection shall be used to implement any procedures established for the resolution of disputes between parties to any civil or criminal action that is within the jurisdiction of the Court.

d.      All fees collected pursuant to this Subsection shall be paid to the Treasurer, who shall place the funds from the fee in a separate dispute resolution fund to be disbursed upon an order of the Court.

2.      Electronic Filing And Storage of Case Records Fee:

a.      Pursuant to R.C. § 2303.201(E)(1), the Court has determined that, for the efficient operations of the Court, additional funds are necessary to pay for the costs of eFiling and storage of case records and related materials.

b.      As authorized under R.C. § 2303.201(E)(1), the Clerk shall charge, in addition to all other costs, a fee of $35.00 on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

c.       All fees collected pursuant to this Subsection shall be used for special projects related to eFiling and storage of case records and related materials.

d.      All fees collected pursuant to this Subsection shall be paid to the Treasurer, who shall place the funds from the fee in a separate eFiling fund to be disbursed upon an order of the Court.

3.       General Special Project Fee:

a.      Pursuant to R.C. § 2303.201(E)(1), the Court has determined that, for the efficient operations of the Court, additional funds are necessary to acquire and pay for special projects of the Court.

b.      As authorized under R.C. § 2303.201(E)(1), the Clerk shall charge, in addition to all other costs, a fee of $30.00 on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

c.       All fees collected pursuant to this Subsection shall be used for special projects consistent with R.C. § 2303.201(E)(1).

d.      All fees collected pursuant to this Subsection shall be paid to the Treasurer, who shall place the funds from the fee in a separate general special project fund to be disbursed upon an order of the Court.

4.       Special Project Fee for Court Technology Advancement:

a.      Pursuant to R.C. § 2303.201(E)(1), the Court has determined that, for the efficient operations of the Court, additional funds are necessary to acquire and pay for special projects (technology advancement) of the Court.

b.      As authorized under R.C. § 2303.201(E)(1), the Clerk shall charge, in addition to all other costs, a fee of $50.00 on each civil action or proceeding.  The fee will be charged as $25.00 at the time of civil filing and a $25.00 reduction in the returned deposit.

c.       All fees collected pursuant to this Subsection shall be used for technology advancement and technology special projects consistent with R.C. § 2303.201(E)(1).

d.      All fees collected pursuant to this Subsection shall be paid to the Treasurer, who shall place the funds from the fee in a separate general special project fund to be disbursed upon an order of the Court.



 


Appendix G (Referred to in Mont. Co. C.P.R. 2.03, Costs, 2.13, Payment of Witness Fees & 2.33, Aid of Execution)

 

CIVIL FILING FEES*

Effective 3/7/16

 

*Pursuant to Mont. Co. C.P.R. 2.03(A)(2) a Conv. Fee of 2.0% shall be paid at the time of filing for all eFiled cases and proceedings in addition to the filing fees set forth below.

 

Civil Complaints

Foreclosure Complaints

$525.00

Other Civil Complaints

$325.00

Second District Court of Appeals – Notice of Appeal

$100.00

 

 

Certificates of Judgment

Filing of Certificate of Judgment

$  30.00

Prepare Certificate of Judgment for Foreign County

$    5.00

Prepare Certificate of Judgment for Montgomery County

$  35.00

Foreign Certificate of Judgment

$  40.00

Release of Certificate of Judgment (Note:  If a party filing for release of a certificate of judgment has an execution case pending against the party on an Ohio state lien, there may be additional fees.  Please contact the Clerk to calculate any additional fee.)

 

 

$   5.00

 

 

Executions

Order in Aid Proceedings (Debtor Exams)

$  50.00

Order in Aid Proceedings (Bank Attachment) (Note:  In addition to the filing fee, the filing party must include a $1 check made payable to the bank (“Bank Charge”).  A separate Order in Aid Proceeding, including the filing fee and Bank Charge, is required for each bank attachment.)

 

 

 

$  50.00

Order in Aid Proceedings (Garnishment)

$  50.00

Executions Against Chattels

$  50.00

 

Miscellaneous

Filing of Ohio state lien

$  40.00

Order of Sale

$500.00

Writ of Restitution

$  65.00

Witness Fee – full day (Note:  See Mont. Co. C.P.R. 2.13, Method of Payment and Exclusions from Payment; add mileage fee of $0.10/mile, round trip, for non-residents of Montgomery County, Ohio)

 

 

$  12.00

Witness Fee – half day (Note:  See Mont. Co. C.P.R. 2.13, Method of Payment and Exclusions from Payment; add mileage fee of $0.10/mile, round trip, for non-residents of Montgomery County, Ohio)

 

 

$   6.00

Notarial Certificate

$  1.00

Registration of Notary Public Commission

$  15.00

Certified Copies (per page)

$  1.00

Photocopies (per page)

$  0.10

 

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

AMENDMENTS TO LOCAL RULE 2.07, PRETRIAL PROCEDURES IN CIVIL CASES

(EMERGENCY STATUS – EFFECTIVE DECEMBER 14, 2015)

 

The General Division of the Montgomery County Common Pleas Court adopted amendments to Local Rule 2.07 effective DECEMBER 14, 2015

Pursuant to Mont. Co. C.P.R. 1.03 of the Local Rules of Practice and Procedure for the Montgomery County Court of Common Pleas and Rule 5 of the Rules of Superintendence for the Courts of Ohio, the adopted amendments are being published for a sixty-day comment period beginning Monday, December 14, 2015, through Thursday, February 11, 2016.

Comments regarding the adopted amendments to Local Rule 2.07 can be submitted via email to rulecom@montcourt.org or in writing to:

James E. Dare, Court Administrator

Montgomery County Common Pleas Court

41 N. Perry Street

P.O. Box 972

Dayton, OH  45422

Comments must be received by 4:30 p.m. on Thursday, February 11, 2016.


Rule 2.07 – Pretrial Procedures in Civil Cases

 

A.      STATEMENT OF INTENT:

This Rule implements Civ. R. 16.  It designs the basic patterns and instructions for pretrial development of civil actions.  Initiative, ingenuity, and industry on the part of attorneys in these actions will implement this Rule and will determine the quality of pretrial proceedings.  In the effective administration of this Rule, appropriate sanctions will be employed as may be necessary.

 

B.      PRETRIAL CONFERENCE:

Attorneys shall consult with their clients in advance of the conference and be prepared to confer practically and earnestly on settlement and all other matters as may aid in the disposition of the action.

1.      The Court, with counsel, may inquire into the status and possibility of settlement, discovery completed to date and anticipated prior to the time of trial, and establish the date for the delivery of a medical and special damages package.

2.      The Court shall issue a pretrial order establishing the following dates, if applicable:

a.      a date for the parties to reveal to each other the identities of expert witnesses;

b.      a date for the filing of any memoranda on disputed issues of law or fact and a discovery cut-off date;

c.       a date for the filing of all other motions deemed necessary, including motions for summary judgment;

d.      a date for motions to add necessary parties;

e.      a date for trial material exchange and objections to trial materials;

f.        a date for completing Civ.R. 35 exams which shall be set 120 days following the scheduling conference, and the examiner’s report shall be submitted to counsel within 21 days from the date of the examination;

g.      a date for completing perpetuation depositions;

h.      a date for filing a joint or individually prepared pretrial statements;

i.        a date for a final pretrial conference; and

j.        a trial date.

 

C.      WRITTEN MATERIALS TO BE READ INTO EVIDENCE:

If written materials are to be read into evidence, copies of such materials shall be provided by the proponent to the Court and other counsel at least seven days prior to trial.

 

D.     PRETRIAL STATEMENT:

In all cases, all parties shall prepare and file a joint final pretrial statement.  The joint final pretrial statement shall be filed at least two business days prior to the date and time of the scheduled final pretrial conference held prior to trial.

The final pretrial statement shall include all of the following:

1.      Identification of the chief trial counsel, who shall be fully authorized to act and negotiate on behalf of the party;

2.      Those facts established by admissions in the pleadings, admissions by discovery,   and stipulations of counsel;

3.      The contested issues of fact;

4.      The contested issues of law, together with citations of authority for the party's position;

5.      Any stipulations of the parties, as well as proposed stipulations;

6.      The names and addresses of any witnesses who may be called at trial, together with a brief summary of each witness' expected testimony;

7.      The names, addresses and qualifications of any expert witnesses who may be called at trial, together with a brief summary of each expert witness' expected testimony;

8.      A list of exhibits counsel may offer into evidence.  Exhibits must be marked, prior to trial, as follows:

a.      Joint exhibits with Roman numerals;

b.      Plaintiff's exhibits with Arabic numerals;

c.       Defendant's exhibits with letters;

d.      Third-party exhibits identified as such.

9.      All Motions in Limine;

10.  A complete list of all pending motions upon which the court has not yet issued a decision;

11.  A copy of any deposition that may be used at trial, for any purpose, shall be provided to the court electronically and in video form, if applicable, and separate from the Final Pre-Trial Statement;

12.  A list of all special damages requested, if any;

13.  The amount of trial time each party expects will be necessary to present that party's case;

14.  Proposed jury instructions (also please provide the court with an electronic copy of proposed jury instructions);

15.  Status of settlement negotiations.

Parties and counsel are required to attend the final pre-trial conference.  The parties and counsel are notified that failure to appear at the final pre-trial conference may result in a sua sponte dismissal by the court of the action, monetary sanctions, or default judgment.

           

THE PARTIES AND COUNSEL SHALL TAKE NOTICE that failure appear at the final pre-trial, or failure to comply with this rule in any respect, particularly regarding providing the names and addresses of all potential witnesses, including expert witnesses, and identifying any potential exhibits, may result in appropriate sanctions, including, but not limited to, the exclusion of the witness or exhibit that was not identified, costs, and other sanctions.

 
     
 
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