MIAMI COUNTY

RULES OF PRACTICE

COURT OF COMMON PLEAS

General Division

ROBERT J. LINDEMAN, JUDGE ----- JEFFREY M. WELBAUM, JUDGE


SCOTT R. ALTENBURGER, MAGISTRATE
CHRISTOPHER GEE, MAGISTRATE


JAN A. MOTTINGER
CLERK OF COURTS
SAFETY BUILDING
TROY, OHIO 45373

TABLE OF CONTENTS

RULE 1

COURT SESSIONS




1.01

Term of Court






RULE 2

COSTS AND FILING PROCEDURE




2.01

Security for Costs

2.02

Inability to Secure Costs

2.03

Discretion of the Clerk

2.04

File Stamping

2.05

Designation of Assigned Judge

2.06

Notice of Default Judgment Hearing

2.07

Companion Cases

2.08

Jurors Fees




RULE 3

CIVIL ACTIONS, PLEADINGS, MOTIONS, HEARINGS




3.01

Documents

3.02

Time and Rule Day Extensions

3.03

Hearings and Submission of Motions

3.04

Summary Judgment

3.05

Assigned Judge

3.06

Copies

3.07

Filing of Discovery Materials

3.08

Mediation - Non-Domestic Relations Actions




RULE 4

PRACTICE ON ASSIGNMENT OF CIVIL CASES




4.01

Assignment

4.02

Assignment Dates in Domestic Relations Matters

4.03

Continuance

4.04

Notice of Assignment




RULE 5

TRIAL ATTORNEY




5.01

Notification

5.02

Designation and Responsibility

5.03

Signing of Pleadings

5.04

Notices

5.05

Participation by Co-Counsel

5.06

Withdrawal of Trial Attorney

5.07

Out-Of-State Attorneys




RULE 6

ENTRIES




6.01

Entry on Decree

6.02

Entry on Settlement

6.03

Entries Separate From Motions




RULE 7

DISMISSALS BY COURT




7.01

Dismissal by Court

7.02

Procedure




RULE 8

PRACTICE IN DIVORCE, DISSOLUTION AND LEGAL SEPARATION CASES




8.01

Personal History & Affidavit of Income, Expenses and Financial History

8.02

Temporary Allocation of Parental Rights and Responsibilities

8.021

Standard Parental Rights and Responsibilities and Visitation Schedule for Miami County Domestic Relations Division

8.022

Out-Of-State Visitation Schedule

8.03

IV-D Application

8.04

Temporary Support When Children Living with Parents

8.05

Procedure for Seeking Temporary Spousal Support

8.06

Practice on Temporary Orders

8.07

Orders for Support

8.08

Attorney Fees

8.09

Dissolution of Marriage Actions

8.10

Contested Divorce Actions

8.11

Modification of Temporary Order

8.12

Restraining Orders

8.13

Procedure Upon Resolution of the Case

8.14

Procedure upon Settlement at Pretrial

8.15

Uncontested Divorce Actions

8.16

Post Judgment Relief - Visitation, Child Support, Modification of Parental Rights and Responsibilities, Spousal Support, Lump Sum Judgment

8.17

Post Judgment Relief Accompanied by Citation for Contempt

8.18

Forms

8.19

Time Limits

8.20

Posting Notice Locations Service of Process

8.21

Seminar for Parents

8.22

Continuances

8.23

Settled Judgment Entries

8.24

Mandatory Health Insurance Language

8.25

Psychological Evaluations/Guardian Ad Litem Reports

8.26

Modification of Parental Rights And Responsibilities

8.27

Dismissal of Cases

8.28

Mediation - Domestic Relations Actions

8.29

Pretrial and Prehearing Conferences

8.29

8.29 Payment of Child Support and Spousal Support




RULE 9

CASE FLOW MANAGEMENT




9.01

Case Flow Management






RULE 10

CRIMINAL ACTIONS




10.01

Grand Jury Assignments

10.02

Bond and Arraignment

10.03

Companion Cases

10.04

Absence or Disability of Judge

10.05

Apprehension on Warrants

10.06

Expungement

10.07

Bail and Bond




RULE 11

COURT APPOINTED COUNSEL




11.01

Court Appointed Counsel






RULE 12

PRESENTENCE INVESTIGATION




12.01

Procedure






RULE 13

FEES OF FIDUCIARIES AND THEIR ATTORNEYS




13.01

Procedure






RULE 14

ADMINISTRATIVE APPEALS




14.01

Statutory Time Limits

14.02

Time Limits

14.03

Chapters 2506 and 119 Applicability

14.04

Briefs




RULE 15

GENERAL




15.01

Transcripts

15.02

Subpoenas

15.03

Fees in Partition Cases

15.04

Files




RULE 16

VIDEOTAPE DEPOSITIONS & TRIALS




16.01

Equipment Specification

16.02

Filing of Videotapes

16.03

Compliance




RULE 17

MAGISTRATES




17.01

Domestic Relations Cases

17.02

Civil and Criminal Cases




RULE 18

JURY MANAGEMENT PLAN