Public Notices to Attorneys

Historic text from a civil case in the 1800s

Public Notices to Attorneys

This sub-section of the Common Pleas Court’s News and Announcements web page is devoted to the distribution of information of specific interest to attorneys practicing before the Court. These announcements might deal with local rule changes, new forms, changes in the filing fee schedule, procedural updates, or other matters that may affect practice in the Common Pleas Court. Counsel are expected to be aware of and adjust to any changes even if this page is not promptly updated. The timing of any update on this page does not modify the effective date of any new local rule or other procedural matter.

CLERK’S REVISED HOURS OF OPERATION: 8:00 AM to 3:00 PM, MONDAY THROUGH FRIDAY, EXCEPT LEGAL HOLIDAYS

NOTICE TO THE PUBLIC REGARDING THE CORONAVIRUS

03/17/2020         UPDATE RE: CORONAVIRUS RESPONSE

To:                          The Citizens of Clermont County, Ohio

From:                    Honorable Judges Jerry McBride, Anthony Brock, Richard Ferenc and Victor Haddad

In this time of national concern over the spread of COVID-19, the judges of the Common Pleas Court of Clermont County have been closely monitoring the coronavirus situation and have been investigating and discussing the best response to help slow the spread of the virus.  Procedures have already been implemented such as the increased use of hand sanitizers and disinfectants to wipe down “high-touch” areas in our offices and in the public areas of the Courthouse.

As of today, March 17, 2020, the following changes are in effect immediately, extending at least through April 17, 2020:

  1. All jury trials scheduled within the next 30 days shall be continued. No citizen summoned for jury duty will need to report for jury service in Common Pleas Court through April 17, 2020.  This period may be further extended by the judges as the situation evolves.
  2. Civil matters, criminal pre-trial matters, criminal review hearings, and matters by agreement will occur by telephone or videoconferencing if available, as authorized by the assigned judge.
  3. Only those individuals with an interest in a case before the Court that day will be permitted entry into the courthouse. This includes defendants and immediate family, crime victims and immediate family, and subpoenaed witnesses.  Exceptions will be granted for persons needing access to the Clerk of Court’s Office and the Probation Department.
  4. Civil Protection Orders will still be filed and heard at the courthouse.
  5. To minimize traffic in the courthouse, Judges’ dockets will be staggered as authorized by the assigned judge. Attorneys should check with the court for any scheduling changes.
  6. Attorneys should check with their clients as to their health status and concerns, and request a continuance if appropriate.
  7. Probationers should contact their Probation Department about any reporting changes.
  8. UNLESS PARTIES ARE ADVISED OTHERWISE BY THE COURT OR COUNSEL, OR UNLESS A CHANGE IS POSTED ON THE COURT WEBSITE, PARTIES TO A CASE SHOULD ASSUME THAT A HEARING WILL BE HELD AS SCHEDULED.

We also encourage every citizen to comply with the following recommendations of health professionals to help prevent the spread of this virus:

  1. Wash hands often with soap and water for at least 20 seconds; dry hands with a clean towel or air-dry hands.
  2. Use alcohol-based hand sanitizers when soap and water are not available.
  3. Cover your mouth and nose with a tissue or sleeve when sneezing or coughing.
  4. Avoid touching your eyes, nose or mouth.
  5. Stay home when you are sick.
  6. Avoid contact with people who are sick.
  7. Stay at least six feet away from other persons even if they appear to be healthy (social distancing).
  8. Clean and disinfect high-touch surfaces regularly.

As a provider of essential government services, the Court remains open for business.  In an ongoing effort to keep our employees and the general public as healthy as possible, we will continue to engage in discussions with County officials and will make decisions to further minimize the risk of spreading this virus.  Please continue to check the Court’s website for updates on changing conditions based on the spread and severity of this outbreak.

Information can be found at our website, https://clermontcommonpleas.com/, and at the following additional locations:

https://clermontcountyohio.gov/

https://ccphohio.org/

https://www.cdc.gov/coronavirus/2019-ncov/index.html

Thank you for your attention.

PLEASE NOTE: The Court has adopted new procedures for garnishments and related proceedings. Please review the GARNISHMENT SPECIAL ORDER here.

COURT ORDERS REGARDING COURTHOUSE ACCESS DUE TO THE CORONAVIRUS

PLEASE NOTE: Due to mandatory health screenings at the entrance to the Courthouse, please arrive early for any court proceeding that you must attend. If you are having any symptoms of illness, such as a fever or a cough, DO NOT COME TO COURT. You will be denied entry. Please review notices elsewhere on this web site for updated information.

PUBLIC NOTICE AS TO PROCEDURE IN JUDGE McBRIDES’S COURTROOM

Effective Monday, March 23rd, the following procedures will apply in Judge McBride’s courtroom:

  1. As per the policy of the court, all jury trials are canceled through April 17, 2020. A decision will be made prior to April 17th as to whether the cancellation of jury trials will extend past April 17th.
  2. As for each case set for a jury trial between now and April 17, 2020, a hearing will be held on the court’s motion to continue jury trial on Tuesday, March 24, 2020. A status conference will be held at the same time.  Attorneys, other than a prosecuting attorney or public defender assigned to Judge McBride’s courtroom, and parties may only appear by telephone for this hearing.  Notice of the time of the hearing in each particular case can be obtained by calling the Assignment Commissioner at 513-732-7108.
  3. The following types of criminal matters will be heard only by telephone: scheduling conferences, trial setting conferences, final pretrial conferences, hearings on applications for sealing of record, review hearings, and motions/applications (other than motions for ILC) which do not require an evidentiary hearing. Nobody, other than a prosecuting attorney and public defender assigned to Judge McBride’s courtroom, will be permitted to appear in person in court in order to participate in these matters.  Defendants may appear by phone on their cases just the same as their attorneys,  and defense counsel are encouraged to share with their clients the information as to how to call in to the court for a hearing.  The following matters in criminal cases will require a personal appearance: bond setting/bond review, community control violation, sentencing on community control violation, motion for intervention in lieu of conviction, disposition, plea, and sentencing.
  4. All civil matters other than trials and motions which require an evidentiary hearing will be heard only by phone. Nobody will be permitted to appear in court in order to participate in these matters.  The following civil matters will require a personal appearance: motions which involve an evidentiary hearing and trials.
  5. Matters which require court appearances are being scheduled on a staggered basis, including matters that were previously scheduled. Counsel should call the Assignment Commissioner or check the online docket to see if the time for a hearing has been changed.
  6. All persons in the courtroom should maintain social distancing (separation of at least six feet) other than attorney and client and persons who come to court who already live together. This means generally that only five to ten persons will be allowed to be in the seating section at any one time.  When the ability to maintain social distancing has been compromised as a result of too many persons being in the courtroom, persons will be asked to leave and will be given times to return and/or hearings will be continued.
  7. No person will be allowed in the courtroom who is running a fever or who appears to be ill. Persons will be screened as to temperature as they come through security near the entrance to the courthouse.  If a necessary party or attorney to a case is running a fever or appears to be ill, a motion for continuance will be granted and the matter will be rescheduled to another day.
  8. Attorneys should bring to the attention of Court Services and court staff the presence of any person who appears to be running a fever or who appears to be ill in order that the person may be removed from the courtroom and can receive medical attention if necessary.
  9. As to each case, only persons connected with the case and immediate family members will be permitted in the courtroom. Attorneys are requested to encourage, as much as possible, that only the persons directly connected with the case (defendant and witness in a criminal case/defendant and plaintiff in a civil case/subpoenaed witnesses) appear in court for a hearing.
  10. Given the rapid changes which are occurring almost daily with respect to this national emergency, further changes may be necessary. Notice will be provided of any changes as soon as they are decided upon. Additionally, with respect to any hearing at which an in-court appearance is both permitted and required, counsel should check in advance with the Assignment Commissioner (513-732-7108) and/or Judge McBride’s staff (513-732-7108) as to whether any change has been made with regard to the scheduling of the hearing.

Holiday Schedule: Please take notice that the Clermont County Common Pleas Court will be closed on Monday, May 25, 2020 in observance of Memorial Day.  The Court will reopen on Tuesday, May 26, 2020 at 8:00 AM.

Please be advised that the Kahle Building across East Main Street from the Courthouse, formerly the site of the Clermont County Court, the Municipal Court, and most recently the County Records Center, will soon be demolished to make way for new parking. Once demolition preparations begin and the process starts, there will barriers, detours, and parking restrictions in the area. Please advise your clients and arrange your schedules to arrive early for court appearances as you may be required to park further from the front door than usual.

NOTICE REGARDING COURT COSTS SCHEDULE:
EFFECTIVE SEPTEMBER 1, 2018, the Court is amending its Local Rules Appendix A-Security for Costs. The current costs schedule will expire August 31, 2018. The increased costs are:

APPENDIX A
Security For Costs

NEW CIVIL CASE $250.00
FORECLOSURE $350.00
APPEAL OF ARBITRATION $450.00
JUDGMENT DEBTOR EXAM $125.00
RECLASSIFICATION CHALLENGE $125.00
GARNISHMENT $150.00
EXECUTION $150.00
WRIT OF POSSESSION $250.00
PETITION FOR CQE $125.00
RECORDING CERTIFICATE OF JUDGMENT $30.00
CANCELLATION OF CERTIFICATE OF JUDGMENT $10.00
STATE OF OHIO CERTIFICATE OF JUDGMENT $40.00
FOREIGN CERTIFICATE OF JUDGMENT $75.00
JURY TRIAL (DEPOSIT) $300.00
JURY VIEW (DEPOSIT) $400.00
CROSS COMPLAINT $75.00
APPEAL TO THE TWELFTH APPELLATE DISTRICT $225.00
FOREIGN COUNTY SHERIFF’S SERVICE (PER DEFENDANT) $50.00
EXPUNGEMENT $75.00
STATE REPARATION/INDIGENT DEFENSE SUPPORT FUND $60.00
BAIL BOND SURCHARGE $25.00
INDIGENT DEFENDANT APPLICATION $25.00
PETITION FOR RELIEF FROM DISABILITY $125.00
REVIVOR $125.00
ORDER OF SALE $150.00
PROCESS SERVER APPOINTMENT-INDIVIDUAL $25.00
PROCESS SERVER APPOINTMENT-COMPANY $50.00
WITNESS FEE (PER DAY) $12.00
MILEAGE (WITNESS PER MILE) $0.51
COPIES $0.10

EFFECTIVE DATE: SEPTEMBER 1, 2018

COURT COSTS SCHEDULE SEPTEMBER 1, 2018-PDF

AMENDMENTS TO LOCAL RULES-JULY 5, 2017 Please take notice that the Judges of the Common Pleas Court have adopted five amendments to the Local Rules. These amendments are effective immediately. A complete copy of the announcement is available at this link: CP Rule Change 2017 .

The amendments to the rules read as follows:

Local Rule 3.1.

Any attorney seeking to appear in any matter in the general division of the Clermont County Common Pleas Court shall be admitted to the practice of law in Ohio by the Ohio Supreme Court.  An out-of-state attorney not admitted to practice in this state may seek admission, Pro Hac Vice, only as permitted by the Ohio Supreme Court and in accordance with Gov. Bar R. XII.

Local Rule 3.2

All pleadings, entries and other documents filed in any matter pending in the Clermont County Common Pleas Court, shall be filed flat, on 8-1/2″ by 11″ white paper, with no backing and with a head or top margin on the first page only, of not less than two inches. In addition to the original, sufficient copies shall be filed with the Clerk for service, as may be required. Surplus copies will be discarded by the Clerk.

Local Rule 3.3

No civil action shall be accepted for filing unless accompanied by the Court’s Case Classification Form, which clearly identifies the nature of the action being filed and the designation of the trial attorney filing the action or the pro se party filing the action.

Local Rule 4.4

In a civil action, any motion, which seeks leave of court to amend a complaint, an answer, counter-claim, cross-claim, third-party complaint, third-party answer, third-party counter claim, third-party cross-claim or intervene in an action under Civ. R. 24, shall append to any such motion a copy of the proposed pleading.  A copy of the motion and proposed pleading appended thereto shall be provided to the assigned judge, through the Clerk of Courts, for review.  No pleading, which the civil rules or a statute require leave of court to file, may be accepted by the Clerk for filing without an appropriate order signed by the assigned judge granting the party leave to file such a pleading.

Local Rule 20.5. Physical Restraints on Children

(A)       Consistent with Sup.R.5.01 there is a presumption that physical restraints on a child shall not be utilized unless the judge or magistrate before whom the child is appearing makes an individualized determination on the record that there is no less restrictive alternative to the use of physical restraint and that the physical restraint of the child is necessary because of either of the following:

(1)        That the child represents a current and significant threat to the safety of the child’s self of other persons in the courtroom;

(2)        There is a significant risk the child will flee the courtroom.

(B)       Any party, as defined in Juv.R.2(Y), shall be heard on the issue of whether the use of physical restraint is necessary for that particular child at that particular proceeding.

(C)       If physical restraint is found necessary by the judge or magistrate, the restraint shall be the least restrictive necessary to meet the risk requiring the restraint and in a manner which does not unnecessarily restrict the movement of the child’s hands.

(D)       In no circumstance does this rule limit the ability of law enforcement, security personnel or other court staff from restraining a juvenile if necessary to ensure the courtroom is properly functioning and/or to maintain the safety and serenity of court facilities.

(E)       A child for purposes of this rule shall be as defined in R.C. 2152.02(C)(1)-(4).

 

Please take time to familiarize yourself with these changes and to inform your partners and associates. The Court looks forward to a smooth transition to these amendments.

TO ALL COUNSEL SEEKING CRIMINAL CASE APPOINTMENTS: Please take notice that the Common Pleas Court has adopted a new form for counsel seeking to receive appointments to represent indigent criminal defendants. All counsel must submit the new form pursuant to the regulations of the Ohio Public Defender Commission in OAC chapter 120-1. Counsel are urged to review the regulations in that chapter. Completed forms should be returned promptly to Court Administrator Gary Scalf. Please click for the Appointed Counsel Application Form in PDF format.

TO ALL COUNSEL INVOLVED IN FORECLOSURE CASES, Please take notice that the Court has adopted major amendments to Local Rule 11 involving judicial sales. A copy of the rule can be found here. All new foreclosure cases filed will require the submission of a Property Description Approval Form (available here) which must be reviewed by the Auditor’s Office Tax Map Department before filing the complaint with the Clerk. The fee for a Writ of Possession is now $200. The amended version of Local Rule 11 will be effective November 24, 2014. Please adjust your procedures to conform to the new version of the Local Rule and advise your clients accordingly. A complete version of the Local Rules as amended is available here.

Please take notice that the Clermont County Common Pleas Court will be closed on Monday, May 29, 2017 in observance of Memorial Day. The Court will reopen on Tuesday, May 30, 2017 at 8:00 AM.

Please take notice: Judge McBride has posted the procedure he uses in revivor proceedings on this web site under his judicial preferences. A copy of this procedure is available HERE. Any counsel planning to file a revivor should review and follow this procedure. Judge McBride has also posted updated versions of his civil and criminal pre-trial orders, and his list of witnesses, exhibits, and depositions.

Please take notice that the Court has updated its reported civil jury verdicts for reference by counsel and parties. The report covers trials through October of 2014. The jury verdicts report is available HERE.

Please take notice that failure to submit Appointed Counsel fee applications on criminal cases within 90 days of disposition of the case will result in a 35% reduction in the fee, based on Ohio Public Defender’s Office rules.

Please take notice that the Clerk of Courts has updated the Civil Case Classification form. Please use this version for all future filings. A copy of the updated 2014 form is available here.

Effective May 1, 2014, the fee for filing an appeal to the 12th District Court of Appels has been raised to $225.00 for all cases, criminal and civil. Please plan accordingly if you are filing a Notice of Appeal in the near future.

Please take notice that the Court now has information about Certificates of Qualification for Employment (CQEs) listed in the Frequently Asked Questions section of this web site. The CQE petition process was created in a recent amendment to ORC 2953.25. The link to the FAQs is here.

Additional judge’s opinions are being posted on the Court’s web site as they become available for the benefit of the practicing bar. All posted court opinions may be accessed here.

September 19, 2011 Attorneys should take note that the Court is operating under the newly revised fee schedule for appointed counsel in criminal cases. The current rates as approved by the Board of County Commissioners is $60 per hour for in-court work and $50 per hour for out-of-court work. The full text of the Commissioners’ resolution can be found here.

August 23, 2011 The forms for submitting lists of witnesses, exhibits, and depositions at pre-trials before Judge McBride are now available in Word format for the convenience of attorneys and parties. The forms are available in both Word and PDF format on the Judicial Preferences and Court Forms pages of this web site.

July 25, 2011 The Clermont County Common Pleas Court has posted judicial preferences for practices and procedures on this web site. An attorney or party may go to the Court & Judges menu drop down and select the Judge’s Preference menu item to get a PDF with that judge’s individual preferences for practice in his court. These listings of judicial preferences for practices and procedures for counsel and parties are offered for the convenience and guidance of those appearing before the individual judges in the Clermont County Common Pleas Court, General Division. Each judge reserves the right and has the discretion to modify these preferences to suit the circumstances of individual cases as the law and the facts require.