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 HOURS OF OPERATION: 7:30 AM to 4:30 PM, MONDAY THROUGH FRIDAY, EXCEPT LEGAL HOLIDAYS
PLEASE NOTE: In order to better serve the court, the public, and the legal community, the hours of the Common Pleas Clerk of Courts are now 7:30 a.m. – 4:30 p.m. Monday through Friday.
Every person entering the Courthouse MUST wear a mask.
Please read the link above for other details.
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 June 29, 2020:
We also encourage every citizen to comply with the following recommendations of health professionals to help prevent the spread of this virus:
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:
Thank you for your attention.
PLEASE NOTE: Effective August 4th, 2020, the Court of Common Pleas has ordered that the cost of filing a foreclosure complaint is increased to $570.00, of which $220.00 will be placed on deposit for the on-line auction fee mandated by H.B. 390. Please prepare your filing procedures accordingly.
PLEASE NOTE: The Court has adopted new procedures for garnishments and related proceedings. Please review the GARNISHMENT SPECIAL ORDER here.
PLEASE NOTE: The Court has issued a stay of foreclosure and sheriff’s sale proceedings. Please review the Order Staying Foreclosure here.
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.
*NOTICE TO COUNSEL-APRIL 20, 2020-Use of Masks in Judge McBride’s Courtroom
As you are aware, one rule in my courtroom during the COVID-19 emergency is that each person in the courtroom maintain social distancing from other persons in the courtroom. This means that there needs to be physical distance between persons of six feet or more. As I have observed persons in my courtroom over recent days, I have become aware that, while this is a rule, it is not always observed.
Even under the most recent pronouncements of Governor DeWine and President Trump, social distancing is strongly recommended. Governor DeWine has gone so far as to say that there will be a “new normal” including social distancing until such time as there is a vaccine that is developed and which is made readily available throughout the country.
Beyond that, I have persons who come in my courtroom who are at risk, either by reason of age and/or medical condition. The recommendation has been made that at risk individuals need to be particularly on guard until such time as a vaccine is made available. At risk individuals who come in my courtroom have a right to expect that reasonable precautions will be taken for their protection.
In this regard, in addition to advocating social distancing, the Center for Disease Control has recommended wearing face coverings in public settings where social distancing measures are difficult to maintain in order to slow the spread of the virus and to help people who may be asymptomatic but who have the virus from transmitting it to others. Governor DeWine has strongly encouraged the wearing of face masks when persons are out in public. As he said recently, “In many cultures around the world, wearing a mask is just part of the culture- it is a socially accepted act of kindness.” DeWine has further said that wearing masks will “be part of what we do until we’re done with this virus in a year or so.”
Today, I was wearing a face covering in court, and I intend to continue to wear a face covering in the future.
Because I believe it is necessary for all persons to wear face coverings for the protection of other persons in my courtroom, I am requiring effective Tuesday, April 21st, that every person, including but not limited to court staff, attorneys, parties, witnesses, and jurors, wear a face covering while in my courtroom. The face covering can be as simple as a bandana and can be as complex as some of the face masks that are depicted in the news. Regardless, the face covering must cover both nose and mouth. Persons who do not have a face covering will be able to participate in a hearing by telephone or videoconference, but they will not be permitted to remain in the courtroom. The face covering is a common courtesy that will be expected of everyone.
There will be an exception to the face covering requirement for any person who has a note from a physician stating that the person cannot wear a face covering due to a medical condition. This may happen where a person has a severe asthma or COPD or any other condition where any obstruction to regular breathing may be a greater risk than possible exposure to the coronavirus. However, a person who is excused from wearing any face covering will need to adhere strictly to the six foot physical distance requirement. Even without a note, a person who feels threatened by the requirement to wear a mask can participate in a hearing by telephone or videoconference.
There may also need to be for accommodation for someone who is deaf and who reads lips. Counsel and court staff are both requested to notify the court promptly if there is someone present for whom accommodation will be necessary.
The policy requiring face coverings is not unprecedented or novel. There are other courts that are requiring face coverings, and many courts are implementing protective measures of one type or another.
Attorneys are expected to communicate to their clients that face coverings are required. I am also requesting that the Assignment Office set forth this requirement on notices that go out as to hearings in my courtroom.
Your cooperation in this matter will be greatly appreciated.
Judge Jerry R. McBride
270 E. Main Street
Batavia, Ohio 45103
PUBLIC NOTICE–PROCEDURE IN JUDGE McBRIDES’S COURTROOM
Effective Monday, March 23rd, the following procedures will apply in Judge McBride’s courtroom:
NOTICE REGARDING COURT MEDIATION
Due to the Court’s operational changes and continuances of civil trials in light of the coronavirus, the Court is expanding its mediation program to include mediation by telephone, Zoom video conference, and email. Any attorney seeking to mediate a pending matter should email their contact information, with the case style and number, to email@example.com. The Court Mediator will respond by email with the logistics of how and when to set up a remote conference call or video conference. Counsel should give consideration to cases that: (1) have been mediated previously and need follow up, (2) cases set in March through June that were continued based on the Court’s policy notice of March 17, 2020, (3) cases that are set for trial in the near future, (4) any case that would benefit from early mediation to reduce discovery and other costs, and (5) any civil matter that would benefit from mediation.
Holiday Schedule: Please take notice that the Clermont County Common Pleas Court will be closed on Thursday and Friday, November 26 and 27, 2020 in observance of Thanksgiving. The Court will reopen on Monday morning, November 30, 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, has been demolished to make way for new parking. Please advise your clients and arrange your schedules to arrive early for court appearances so they can pass through Security at the front door.
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:
Security For Costs
|NEW CIVIL CASE||$250.00|
|APPEAL OF ARBITRATION||$450.00|
|JUDGMENT DEBTOR EXAM||$125.00|
|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|
|APPEAL TO THE TWELFTH APPELLATE DISTRICT||$225.00|
|FOREIGN COUNTY SHERIFF’S SERVICE (PER DEFENDANT)||$50.00|
|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|
|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|
EFFECTIVE DATE: SEPTEMBER 1, 2018
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: 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 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.