Local Rule Change (MontCourt News & Announcements)

 
Court News & Announcements
05/08/17 AMENDMENTS TO LOCAL RULES 2.23 - 2.23.4 EMERGENCY STATUS EFFECTIVE MAY 10, 2017
02/23/17 AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES (EMERGENCY STATUS EFFECTIVE MARCH 1, 2017)
01/13/17 AMENDMENTS TO LOCAL RULE 2.39, CIVIL MEDIATION
09/15/16 AMENDMENTS TO LOCAL RULE 3.09, COURT APPOINTMENT OF COUNSEL (EMERGENCY STATUS - EFFECTIVE SEPTEMBER 20, 2016)
08/05/16 AMENDMENTS TO LOCAL RULE 1.19, THE ASSIGNMENT SYSTEM
02/04/16 AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES (EMERGENCY STATUS -- EFFECTIVE MARCH 7, 2016)
12/16/15 Veteran's Treatment Court Graduation Keynote Address
12/08/15 AMENDMENTS TO LOCAL RULE 2.07 EMERGENCY STATUS – EFFECTIVE DECEMBER 14, 2015
12/10/14 PROPOSED AMENDMENTS TO LOCAL RULES 2.01, 2.07, 2.31, 2.39
09/04/14 Veterans Treatment Court Mentoring Program
08/25/14 Amendments to Local Rules 2.01 – 3.15 Effective August 29, 2014
08/25/14 Revised Local Rule 1.15 Effective August 29, 2014
07/30/14 Veterans Treatment Court
05/07/14 AMENDMENTS TO LOCAL RULES: Gender Specific Court, EMERGENCY STATUS effective May 12th, 2014
03/21/14 AMENDMENTS TO LOCAL RULES 1.01 – 1.41 EMERGENCY STATUS – EFFECTIVE MARCH 21, 2014
10/01/13 NEW LOCAL RULES: 3.12, Drug Court 3.13, Veteran’s Court 3.14, Felony Non-Support Court
08/22/13 LOCAL RULE 2.39 CIVIL MEDIATION EMERGENCY STATUS UPDATE
08/16/13 PROPOSED AMENDMENTS, LOCAL RULE 3.09, COURT APPOINTMENT OF COUNSEL
04/08/13 NEW LOCAL RULE 2.40, CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
03/06/13 AMENDMENTS TO LOCAL RULE 2.03, COSTS
02/01/13 MANDATORY ELECTRONIC FILING OF CRIMINAL AND FUGITIVE CASES
11/20/12 DELAYED IMPLEMENTATION: MANDATORY CRIMINAL EFILING
11/01/12 eFiling for Process Servers and Criminal and Fugitive cases
10/12/12 I-75 Downtown Dayton Construction Update
08/08/12 PROPOSED AMENDMENT(S) TO LOCAL RULE 2.31
05/01/12 PROPOSED AMENDMENT(S) TO LOCAL RULE 1.23
11/02/11 PROPOSED AMENDMENT(S) TO LOCAL RULES 1.27 and 2.39
08/08/11 AMENDMENT TO LOCAL RULE 1.33 EFFECTIVE AUGUST 8, 2011
06/08/11 PROPOSED AMENDMENT(S) TO LOCAL RULES 1.15 1.35 1.37 1.41 2.17
02/14/11 Request For Quotation, Legal Publishing Services
08/04/10 AMENDMENT(S) TO LOCAL RULE 1.27
06/03/10 Final Entry and Order: Loc. R. 2.23, Judicial Sale of Real Estate
05/05/10 AMENDMENT(S) TO LOCAL RULE 2.23
02/02/10 PROPOSED Amendment to Local Rule 2.23
12/01/09 EFILILING Civil Cases to be mandatory
11/04/09 AMENDMENT TO LOCAL RULE 2.03, COSTS
09/01/09 Evidence Destruction Notice
08/11/09 Request For Quotation, Transcription Services
06/06/09 Amendments to all local rules through June 08, 2009
06/05/09 AMENDMENT(S) TO LOCAL RULE 2.33
05/07/09 Amendments to local rules 1.33, 2.01, 2.03, 2.35 & 2.39
04/27/09 LAW DAY
04/20/09 E-Filing Administrative Rule, effective April 1, 2009
03/04/09 AMENDMENT TO LOCAL RULE 2.31
11/04/08 AMENDMENT(S) TO LOCAL RULE 1.19, 1.27, 1.29, 1.30, 2.03
10/08/08 Notice for destruction of Evidence
08/11/08 PROPOSED E-Filing ADMINISTRATIVE RULE
08/10/08 PROPOSED AMENDMENT(S) TO LOCAL RULE 1.19, 1.27, 1.29, 1.30
06/01/08 AMENDMENT(S) TO LOCAL RULE 2.01
05/19/08 Mortgage Foreclosure Help Resources
05/02/08 Law Day Dayton Daily News insert
03/06/08 New E-Filing webblog now available
01/23/08 Request For Quotation, Transcription Services
09/06/07 Local Rule Change
08/01/07 RFP for Electronic Filing System
05/22/07 Trial By Jury
05/10/07 Proposed Local Rule Change
05/10/07 Proposed Local Rule Change
05/06/07 Entrance Access during Construction
03/07/07 Proposed Local Rule Change
02/09/07 Local Rule Change
05/16/06 Electronic Filing Project Newsletter
03/07/06 Montgomery County Common Pleas Court Sponsors Law Day Essay Contest
06/01/05 Jury News
03/01/05 Pre-S.B. 80 Case Management Track
03/11/04 PROPOSED AMENDMENTS TO LOCAL RULES
02/12/04 HABITAT AWARD
11/14/03 NOTICE OF REVISED AMENDMENTS TO LOCAL RULES
11/04/03 GENERAL DIVISION WEB SITE RECEIVES NATIONAL RECOGNITION
06/04/03 Division of Criminal Justice Services ACA / CAC Audits
04/30/03 Law Day 2003
 

Local Rule Change

Posted: 2007-02-09

NOTICE TO ATTORNEYS


FROM THE MONTGOMERY COUNTY COMMON PLEAS COURT

GENERAL DIVISION



On February 6, 2007, the Court approved revisions to the Local Rules of Practice and Procedure for the General Division of the Montgomery County Court of Common Pleas. This revision will increase the deposit for all civil cases (other than mortgage foreclosures) from $225.00 to $250.00 effective March 1, 2007. The additional $25.00 special project fee will be for costs associated with Electronic Filing.


AMENDMENT TO LOCAL RULE 2.03

COSTS

EFFECTIVE MARCH 1, 2007

NOTICE: On February 6, 2007, the General Division of the Montgomery County Court of Common Pleas approved the following revision(s) to the Local Rules of Practice and Procedure for the General Division of the Montgomery County Court of Common Pleas.

Deletions are shown with the following attributes and color:

Strikeout, Blue


Insertions are shown with the following attributes and color:

Double Underline, Redline, Red


RULE 2.03

COSTS

1. No civil action or proceeding shall be accepted for filing unless there is deposited as security for costs the amount of $225$250.00 for all civil complaints, except for mortgage foreclosure actions which shall be $500.00. Additional deposits may also be required as set forth in Appendix G.

2. If the party initiating the civil action is unable to give security or a cash deposit as provided under this rule, then said party shall file a poverty affidavit along with the complaint. The affidavit shall be accepted by the Clerk of Courts and the collection of costs shall be postponed until the case is terminated.

3. Appropriate Dispute Resolution Fee

a. Pursuant to Ohio Revised Code, Section 2303.201 (E)(1), the General Division of the Court of Common Pleas for Montgomery County, Ohio has determined that for the efficient operation of the Court, additional funds are necessary to pay for dispute resolution services.

b. As authorized under Section 2303.201(E)(1) of the Revised Code, the Clerk of Courts for Montgomery County, Ohio shall charge in addition to all other court costs a fee of forty-three dollars ($43.00) that is to be collected on the filing of each criminal cause, civil action or proceeding, or judgment by confession.


c. All fees collected shall be used to implement mediation, arbitration, and any other procedures established for the resolution of disputes between parties to any civil or criminal action that is within the jurisdiction of the Court. All fees collected shall be paid to the Montgomery County Treasurer. The Treasurer shall place the funds from the fees in a separate appropriate dispute resolution fee fund to be disbursed upon an order of the General Division of the Court of Common Pleas for Montgomery County, Ohio.

4. General Special Project Fee

a. Pursuant to Ohio Revised Code, Section 2303.201 (E)(1), the General Division of the Court of Common Pleas for Montgomery County, Ohio, has determined that for the efficient operation of the Court, additional funds are necessary to acquire and pay for special projects of the Court.

b. As authorized under Section 2303.201(E)(1) of the Revised Code, the Clerk of Courts for Montgomery County, Ohio shall charge, in addition to all other court costs, a fee of sixteen dollars ($16.00) that is to be collected on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

c. As authorized under Section 2303.201(E)(1) of the Revised Code, the Clerk of Courts for Montgomery County, Ohio, shall charge, in addition to all other court costs, a fee of twenty-five dollars ($25.00) that is to be collected on the filing of each criminal cause, civil action or proceeding, or judgement by confession. This fee shall be utilized for special projects related to electronic filing and storage of case records and related materials.

d. All fees collected shall be used for special projects consistent with Ohio Revised Code 2303.201(E)(1). All fees collected shall be paid to the Montgomery County Treasurer. The Treasurer shall place the funds from the fees in separate general special project fund to be disbursed upon an order of the General Division of the Court of Common Pleas for Montgomery County.


APPENDIX G (referred to in Loc. R. 2.03, Costs & Loc. R. 2.33, Aid of Execution)

FILING FEES IN MONTGOMERY COUNTY COMMON PLEAS COURT

GENERAL DIVISION

(Subject to change - check with Clerk’s Office)

CIVIL COMPLAINTS

Foreclosure Complaints

$ 500.00

Other Civil Complaints $225.00

$ 250.00

Over 5 defendants - add for each defendant

$ 7.00

Amended Complaint with service each defendant

$ 7.00

Answer and Cross Complaint with service each party

$ 7.00

Third Party Complaint with service each party

$ 7.00

Personal service by Sheriff

$ 40.00

Second District Court of Appeals - Notice of Appeal

$ 75.00

CERTIFICATES OF JUDGMENT

Filing of Certificate of Judgment

$ 20.00

Prepare Certificate of Judgment to go to another Court

$ 5.00

Certificate of Judgment to stay in Montgomery County

$ 25.00

Foreign Certificate of Judgment

$ 30.00

Release Certificate of Judgment

$ 5.00

Release Ohio Dept. of Taxation - Certificate of Judgment after 1992 (see Note 1)

$ 18.00

Release Ohio Dept. of Taxation - Certificate of Judgment prior to 1993 (see Note 1)

$ 8.00

EXECUTIONS

Order in Aid Proceedings (Debtor Exams)

$ 50.00

Order in Aid Proceedings (Bank Attachment) (See Note 2)

$ 50.00

Order in Aid Proceedings (Garnishment)

$ 50.00

Executions against Chattels

$ 50.00


SERVICE BY PUBLICATION

With Property in Daily Court Reporter (Non-Sheriff Sale)

Contact Daily Court Reporter @ 937-222-6000 (See Note 3)

With Property in Dayton Daily News

$ 1,000.00

Without Property in Daily Court Reporter

Contact Daily Court Reporter @ 222-6000 (See Note 3)

Without Property in Dayton Daily News

$ 500.00

PERSONAL SERVICE FOR WITNESSES (See Note 4)

Full Day

$ 12.00

Half Day

$ 6.00

Notarial Certificate

$ 1.00

Registration of Notary Public Commission

$ 15.00

Certified Copies

$ 1.00

Photocopies

$ 0.10

MISCELLANEOUS

Order of Sale (Publication in Daily Court Reporter)

$ 500.00

Order of Sale (Publication in Dayton Daily News)

$ 1,000.00

Writ of Restitution

$ 60.00

Note 1: If an execution case has been filed against you on this lien, there may be additional costs. Please contact the Montgomery County Clerk of Courts to determine how much the release will be.

Note 2: Plus $1.00 for each bank.

Note 3: Effective September 1, 2002, the Montgomery County Common Pleas Court, Civil Division, will no longer forward notices to effect services by publication to the Daily Court Reporter or collect the Daily Court Reporter’s fees. It will be the sole responsibility of the filer to forward a Common Pleas Court time-stamped copy to the Daily Court Reporter.

Upon receipt, the notice will be sized and measured. A proof copy of the notice will be faxed to the filer along with the publication fee. The filer is responsible for proofing the notice and notifying the Daily Court Reporter of corrections and remitting payment to the Daily Court Reporter. Once payment is received in full, the Daily Court Reporter will place the notice in the next edition. The filer will receive a copy of the ad after the first publication. The Daily Court Reporter will forward to the Common Pleas Court, a notarized proof of publication.

This change in procedure concerns publication of notices for service by publication only. There is no change in the publication of notice of Sheriff’s sale procedure. Sheriff’s sale notices will continue to be sent by the Sheriff to the Daily Court Reporter.

Note 4: a. Police Officers and medical records librarians are excluded from witness charges.

b. Attorneys submit checks payable to witness served with Subpoena.

c. If witness lives outside of Montgomery County, add mileage of $.10 mile, round trip.

 
     
 
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