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.
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.