Cases

CIVIL CASES

Civil cases account for approximately a third of the judges’ docket. In 1999, 493 new cases were filed. Civil cases include personal injury accident cases, employment disputes, contract disputes, appeals from the orders of agencies such as workers’ compensation appeals, medical and legal malpractice, and equity cases. It is the responsibility of Judges Lindeman and Welbaum to set a time table for completion of tasks in each case so that when it is time for the trial all parties are prepared and the parties have disclosed to the others the evidence they will offer at trial. The required procedures usually lead to a settlement or resolution of the dispute. Any party may request the judge to order the parties to mediate the dispute at any time. The mediation process has been a very effective method of resolving disputes in Miami County. For more information on this process, see the “Mediation” heading in this web page.


CRIMINAL CASES

Criminal cases account for approximately a fourth of the judges’ docket. In 2001 almost 450 defendants were charged with felonies in 413 cases. Many indictments contain charges against multiple defendants. Felony criminal cases involve any case where the possible penalty is over one year in prison and a $1000.00 fine. Arson, Burglary, Breaking and Entering, Theft, Fraud, Robbery, Kidnapping, Rape, Murder, and Drug cases are some of the crimes that fall under this category. If these cases are not resolved after the facts are exchanged by a plea of guilty or dismissal of the charges, the defendants are brought to trial. In a felony trial, a panel of 12 people from Miami County determines whether the defendant is guilty or not guilty. If a person is found guilty the judge determines the appropriate sentence from a range specified by law.

DOMESTIC RELATIONS CASES

The 604 domestic relations cases filed in 2001 account for about 34% of the judges’ docket in Miami County. These include divorce, dissolution, legal separation cases, annulments, and petitions for civil protection orders. A growing portion of the domestic relations docket has been to determine petitions for civil protection orders. Civil protection orders provide protection and necessities to persons who have been subjected to domestic violence. The number of CPO’s has more than doubled every year since the law was enacted. In 1998, twenty-one (21) CPO’s were filed. In 2001 this category of filings mushroomed to131.

In addition, the court resolves approximately 1,200 post decree motions, which are filed each year. Post decree motions are filed after divorce and dissolution cases have been brought to trial or settled. In post-decree motions one or more of the parties usually seek changes in child support, spousal support, or modifications in visitation or custody of minor children. For more information on these subjects see the heading “Domestic Relations Cases” by Magistrate Altenburger, which follows in this web site.

CASELOAD OF COMMON PLEAS COURT GENERAL DIVISION

CIVIL
CRIMINALDOMESTIC
DV
TOTAL
1990
415
270
730
1415
1991
501
306
744
1551
1992
490
304
685
1479
1993
413
307
717
1437
1994
395
302
744
1441
1995
418
358
728
1504
1996
468
294
700
1462
1997
514
355
624
1493
1998
492
299
616
1407
1999
493
388
640
50
1571
2000
614
438
642
123
1817
2001
616
413
604
130
1763
2002
810
527
598
196
2131
2003
825
453
516
243
2037
2004
846
524
540
226
2136
2005
828
643
569
290
2330
2006
960
628
548
304
2440
2007
1053
553
441
320
2367
2008
1117
587
445
342
2491