RULE 1

COURT SESSIONS

1.01 TERM OF COURT

In accordance with Section 2301.05 Revised Code, the annual term of court is divided into three sessions of court beginning January 1, May 1 and September 1 of each year.

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, Spousal Support, Dissolutions . . .$200.00

2. Civil Petitions, other than domestic
relations . . . . . . . . . . . . . . . . .$200.00

3. Complaints . . . . . . . . . . . . . . . . .$200.00

4. Third Party Claims and Counterclaims . . . .$ 100.00

5. With personal service or out of county
service, an additional . . . . . . . . . . .$ 15.00
"Service by publication shall be contracted directly with the
publisher by counsel."

6. Proceedings in aid of execution . . . . . .$ 35.00

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. . . $ 30.00
In criminal cases if restitution is ordered, monies deposited shall be applied by the Clerk first to costs and fines and second to restitution unless ordered by the court.

10. Fee for appraiser, unless otherwise ordered by the court . .. . .

. . . . . .$ 50.00

11. Publication of Order of Sales . . . . . . .$500.00

12. Billing fees for Certificate of Judgments

a) If the judgment was issued by the Miami County Common Pleas

Court the following applies:

1. If they want the Certificate of Judgment issued and filed

in Miami County ...$ 25.00
2. If they want the 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 . . . .$ 20.00

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..$ 25.00

(B) COST FOR COPIES OF COURT RULES

After February 1, 1997 the Clerk shall charge $5.00 per copy for the Local Rules of Court.

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.

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 re-filed, 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.