unless otherwise noted

 

JUVENILE RULES

 

 

 

Rule

 

 

1. Court records

2. Continuances and advancements

3. Duty magistrate

4. Appointed counsel

5. Custody and /or Visitation Actions

6. Parentage cases

7. Detention/shelter care hearings

8. Objections to Decisions of Magistrates / Motions to Set Aside

Magistrate’s Orders

9. Photographing and broadcasting of court proceedings

10. Support orders

11. Motions

12. Transcripts/recording of proceedings

13. Warrants

14. Filing fees and costs

15. Traffic offenders/misdemeanor citations

16. Expungements

17. Mediation

18. Repealed

19. Informal intake conferences

20. Magistrate hearings

21. Assignment of cases

22. Model visitation schedule

  

23. Case Management Rule

  

24. Work Release Program

25. Duty Judge

26. Juries, Jurors

27. Guardian Ad Litem

28. Entries

29. Forms

30. Repealed

  

---

 

 

 

 

 

RULE 1. Court records

  

 

Reports and records of the Probation and Protectiv

e Services

Departments shall be considered confidential information and shall

not be made public. The inspection of Court Records by attorneys

and other interested parties shall be governed by R

ule 32(C) of

the Ohio Rules of Juvenile Procedure. Any probatio

n, social,

physical or mental examination prepared at the dire ction of the

Court shall not be copied by counsel without leave of the Court.

The Court may limit or deny inspection for good cau

se shown

pursuant to aforementioned Rule 32(C).

 

Traffic Records maintained by the Court are confid

ential and

shall not be made public. Inspection by attorneys

or any

interested parties may be allowed by leave of the Court.

 

Family History files shall be considered confident

ial

information and shall not be made public. Inspection by attorneys

or interested parties may be allowed by leave of the Court.

 

Record checks by counsel, law enforcement and othe

r agencies

shall be directed to the Intake/Delinquency department which shall

provide reasonable access to public records.

 

(Amended, effective 7/1/93)

---

 

 

 

 

 

RULE 2. Continuances and advancements

  

 

Requests for continuances will be made in accordan

ce with

Supreme Court of Ohio Superintendence Rule 41 and O

hio Rules of

Juvenile Procedure 19 and 23.

 

All applications for continuances or advancements

shall be

made as far in advance of hearing dates as practica ble except as

herein provided. All requests shall be in writing

on forms

provided by the Juvenile Case Management

  

Office with a proposed

new date included. Requests shall be granted only after notice to

all other counsel and/or parties involved. No case

will be

continued on the day of hearing except for good cau

se shown.

Unless otherwise directed, it will be the responsib ility of the

attorney obtaining the continuance to notify all other counsel and

parties of the new hearing date. Attorneys shall make reasonable

efforts to have a contested request for continuance heard prior to

the hearing date.

 

Ruling on a continuance request may be reserved un

til the

scheduled hearing date where continuances on the re

cord are

necessary to preserve service or notice on parties. Requests for

continuance or advances on parentage actions are to

be made

through the Domestic Court Assignment Commissioner.

 

Amended Effective 1/1/00

 

 

 

 

 

 

 

 

RULE 3. Duty Magistrate

  

 

The Administrative Magistrate shall designate one

Magistrate

each day the Court is in session who shall be known as the Duty

Magistrate. In addition to his or her regular dock

et, the Duty

Magistrate shall be responsible for the authorizati

on of

continuances, review of requests for emergency orde rs and other

additional duties the Administrative Magistrate or Administrative

Judge may assign.

 

---

 

 

 

 

 

RULE 4. Appointed counsel

  

 

(A) The Court shall maintain two appointment lists.

The first list will consist of attorneys who

will serve as guardians ad litem for children in de

linquency, unruly, abuse, neglect and dependency

cases, and for adults. The second list will consis

t of attorneys who will provide all other

representation, including but not limited to repres

enting children in delinquency and unruly cases,

and adults in abuse, neglect, dependency, contempt,

parentage, and criminal matters. Attorneys

desiring to be placed on either appointment list sh all apply in writing to the Juvenile Administrative

Magistrate.

   

The Court shall maintain an individual file for ea

ch appointed counsel for the purpose of

providing appointments, notices and other matters as may be necessary. It will be the responsibility

of appointed counsel to inspect said file not less than weekly.

 

Rates of compensation shall be as determined from

time to time by the Franklin County

Board of Commissioners. In addition thereto, neces

sary and reasonable expenses may be allowed

for such items as expert witness fees, polygraph co sts, long distance phone calls, photocopying, and

certain travel expenses if prior approval of the Tr

ial Judge is obtained. The Trial Judge may not

allow for any fixed office overhead expenses, Court

transcripts or depositions, except as provided

by law.

Requests for extraordinary fees must be made by wr

itten motion and should be submitted

with supporting information, including all regular

billing documents, to the Court Director. An

award for extraordinary fees will be made only with

the approval of a majority of all the Judges of

the Domestic Relations Court.

 

All applications for fees and/or expenses, includi

ng applications for fees and/or expenses

submitted by Guardians ad Litem, are to be submitted on forms approved and provided by the Court

within thirty days of the date of termination liste

d on the fee application. Date of termination shal

l

be no later than the file stamp date of the journal

entry dismissing the complaint or motion,

dispositional journal entry, or journal entry appro

ving the case plan, whichever is later. If the fee

  

application is received by the Court late, then pay

ment to the attorney will be reduced by the

reimbursement rate currently being used by the Ohio

Public Defender. All applications for fees

shall be submitted within ninety days of the date o

f termination. Applications submitted beyond

ninety days of the date of termination will not be

paid. It will also be the responsibility of counse

l

to have an affidavit of indigency filed with each a

pplication for payment of fees. Defective fee

affidavits will be returned to the court appointed

counsel for correction, who shall correct the

deficiency and submit the corrected fee application to the court appointed counsel clerk within ten

days. Defective fee applications which are corrected within ten days will be reimbursed at the same

rate as if they were correct on the date first subm itted.

 

(B) Standards for Juvenile Guardian Ad Litems

 

The following standards shall apply to all Guardia

ns ad Litem in abuse, neglect and

dependency cases:

 

CLE Requirements

 

 

---

 

 

 

 

 

In order to maintain placement on the GAL List an a

ttorney must attend a three-hour training

program concentrating solely on the duties of GALs. Other equivalent training may be approved by

the Courtside Deputy Director.

 

Duties

 

 

Upon appointment, the Attorney/Guardian ad Litem shall perform certain basic duties, as warranted

by the facts of the case.

 

a. Interview the children and when possible observ

e each

parent with the child(ren). Be

aware of the interaction between the parent and chi

ld, and the appropriateness of discipline,

conversations, and activities. Interview both par ents if permitted by their counsel. If only

one parent is known, attempt to ascertain the ident ity and whereabouts of the other parent;

 

b. Review pleadings and consult with each attorney

as to position and issues. Review the

court file;

 

c. Investigate all significant persons and interv

iew independently;

 

d. Determine the physical health of the child. Ob

tain the name of any physician who has

treated the child. Obtain the child's medical and hospital records.

 

e. Meet with the child's school teacher and counse

lor. Obtain information regarding the

child's behavior in school and interaction with parents. Review the child's school records.

 

f. Perform home visits (this may be combined with

the interview process). Observe the

living conditions of each parent and the child's sl eeping arrangements;

 

g. Evaluate the necessity, if any, of psychologica

l evaluations or counseling, and file a

motion requesting the same;

 

h. Communicate with the Court Protective Services worker. Obtain the case

history. If the worker has the family file, schedu le a time to review it;

 

i. Communicate with the Franklin County Children S ervices worker. Obtain the case

history. Confirm whether the child has been remove d from home and the child's adjustment

to his/her current placement. Confirm the names, a

ddresses, and telephone numbers of

parents and care providers. Determine what services are being provided the parents;

 

j. Call the FCCS Regional Records Room and schedul

e a time to view their file. Identify

the pages you need copied and request FCCS to send the copies to your office;

 

k. Contact the child at least once a month, and wh

en the child is of sufficient age to have

communicative ability, interview the child. Ask th

e care providers for their perceptions of

the child's adjustment. Assess the child's develop

mental level. If the child relates a new

allegation of abuse or neglect, immediately call FC

CS intake, the caseworker, and the

Protective Services caseworker;

 

---

 

 

 

 

 

l. Notify the Court and counsel if the child's wis

hes are in opposition to the Guardian's

recommendation;

 

m. Maintain a log documenting all work performed,

all contact with the child, parties,

witnesses, etc., and all telephone calls.

      

Powers

 

 

The powers of the Attorney/Guardian ad Litem shall

be wide ranging, including but not limited to,

the right to file motions and to review all confide

ntial records involving the child(ren) by request,

through deposition, and by subpoena.

 

Reports and Court Appearances

 

 

In cases involving termination of parental rights,

or when required by a judge or magistrate, the

Guardian ad Litem shall prepare and file written re

ports detailing observations and

recommendations at least three days prior to any di

spositional hearing, and shall be present at all

hearings pertaining to the child(ren). The GALs lo

g detailing the work performed should

accompany the written report of the GAL. The Attor

ney/Guardian ad Litem may subpoena and

examine independent witnesses. The lay GAL may be

represented by counsel who may subpoena

and examine independent witnesses presented by other parties.

 

Fees and Costs

 

 

All filing fees and court costs are waived as to Gu ardians ad Litem.

  

Local Juvenile Rule 4 shall not apply to actions t

o determine the allocation of parental rights

and responsibilities, where counsel/guardian ad litem has been appointed pursuant to Local Juvenile

Rule 27.

 

 

(C) Standards for Court Appointed Counsel in Delin

quency, Unruly, Parentage, Contempt and

Adult Criminal Cases.

 

ORIENTATION

 

 

(1) Applicants to be placed on the appointed couns

el list must attend an orientation session by the

Juvenile Law Committee and observe two (2) felony d

elinquency cases and two (2)

abuse/neglect/dependency cases with an experienced

court appointed attorney. (See Panel of

Mentors below) The orientation requirement may be

waived upon application and approval of the

Court.

 

(2) In addition to the orientation requirement con

tained in paragraph (C)(1) above, applicants

wishing to represent youth charged with category 1

or category 2 delinquency offenses must have

served as lead counsel or co-counsel on three cases

involving offenses which currently constitute

category 1 or 2 offenses, and which culminated in a

trial, whether in juvenile or adult court, and

including probable cause hearings in Juvenile Court

proceedings to relinquish jurisdiction for

prosecution as an adult. Counsel must submit an af

fidavit listing the case name and numbers of the

---

 

 

 

 

 

three cases which meet this requirement to the Cour tside Deputy Director.

 

CLE REQUIREMENTS

       

 

In order to maintain placement on the court appoint

ed counsel list an attorney must annually attend

a three-hour training program concentrating solely on juvenile law. Other equivalent training may

be approved by the Courtside Deputy Director.

 

FEES AND COSTS

 

 

All filing fees and court costs are waived as to co urt appointed counsel.

 

(D) Requirements to Remain on Guardian ad Litem or Court Appointed Counsel List

 

Attorneys wishing to remain on the Guardian ad Lite

m or court appointed counsel list shall

complete the following annual requirements:

 

1. Attend three (3) hours of juvenile law seminars

per year. Excess hours may be carried over and

applied to the following year.

 

2. Attend three (3) meetings of the Juvenile Law C

ommittee and/or the Central Ohio Association

of Juvenile Lawyers per year. Membership in the Co

lumbus Bar Association and Juvenile Law

Committee is encouraged but not required. Three ho

urs of continuing legal education devoted to

juvenile law may be substituted for attendance at t

hree meetings of the Juvenile Law Committee or

COAJL. Said three hours of CLE shall be in additio

n to the three seminar hours required in section

1 above.

 

3. No later than March 1 each year, complete an el

igibility report certifying compliance with the

requirements of Local Rule 4, on a form provided by

the Court. If an attorney does not complete

and return the annual report certifying compliance

by March 1, (s)he will be removed from

eligibility.

 

REPRESENTATION

 

 

Attorneys accepting appointments to serve as Guard

ian ad Litem or court appointed counsel

shall personally represent the client for which (s)

he was appointed, and shall not, absent an

emergency, allow substitute counsel to represent the client. Repeated failure to personally represent

the client will result in removal from the Guardian ad Litem/appointed counsel list(s).

 

 

REMOVAL AND REINSTATEMENT

 

 

Attorneys may be removed from the court appointmen

t list(s) with the approval of a

majority of the judges of the Domestic Relations Co urt. After losing eligibility, an attorney seeking

reinstatement of eligibility shall complete the orientation, seminar, and meeting requirements.

 

 

 

---

 

 

 

 

 

PANEL OF MENTORS

 

 

There will be a panel of experienced juvenile atto

rneys who will be available to provide

orientation and who will mentor new applicants. Al

l communications between an attorney mentor

and his client in the presence of an attorney appli

cant participating in the orientation, shall be

deemed confidential and the attorney/client privilege shall apply.

 

(Amended Effective 7/1/95; 2/10/97; 2/9/98; 1/1/00)

---

 

 

 

 

 

RULE 5. Custody and/or Visitation Actions

 

 

(A) All actions seeking custody of and/or visitati

on with a child shall be initiated by sworn

complaint, or in preexisting cases by Motion, and p

ursuant to Ohio Revised Code Section 3109.27

shall be accompanied by a child custody affidavit p

rovided by the Court, or the standard domestic

relations form promulgated in proposed Rule of Supe

rintendence 80. Prior to filing, the complaint

shall be submitted to the Division of Protective Se rvices and Investigations.

 

(B) A social investigation concerning the best int

erests of any child or children shall be

conducted by the Division of Protective Services an

d Investigations in all abuse, neglect and

dependency cases unless expressly waived by a Judge or Magistrate.

  

 

 

(C)

 

Pursuant to Juvenile Rule 32(D) the court may order a social investigation following the

filing of a complaint requesting the allocation of

parental rights and responsibilities or a writ of

habeas corpus, or the filing of a motion to modify

the allocation of parental rights and

responsibilities. Prior to ordering a social investigation the court may refer the parties to mediation.

 

 

(D) The Judge or Magistrate may require motions fo

r temporary orders to be submitted and

determined without oral hearing upon affidavits in support or opposition.

 

  

(Amended effective July 1, 1990; 1/1/00)

 

---

 

 

 

 

 

RULE 6. Parentage cases

 

(A) No person may bring an action to establish the

parent and child relationship before

requesting an administrative determination of the e

xistence or nonexistence of a parent and child

relationship from the Child Support Enforcement Age

ncy. The person filing a complaint to

establish the parent and child relationship shall a

llege in the complaint that he/she has requested an

  

administrative determination of the existence or no

nexistence of the parent and child relationship

from the Child Support Enforcement Agency, and that the administrative process is complete. The

person filing a complaint to establish the parent a

nd child relationship shall attach to the complaint

  

a copy of the administrative order issued by the Ch

ild Support Enforcement Agency. All

complaints to establish the parent and child relationship shall be filed in duplicate.

 

(B) Upon the completion of the administrative proc

ess to determine the existence or

nonexistence of a parent and child relationship by

the Child Support Enforcement Agency,

including the entry of an administrative child supp

ort order, either parent may file a complaint

requesting the court to issue a child support order

for the minor child. At the time of filing the

moving party shall attach to the complaint a copy o

f the following: the administrative order for

payment of child support; the additional order and

notice to the parties; the administrative process

withholding order and notice to the employer; the c

hild support guideline worksheet prepared by

the Child Support Enforcement Agency calculating th

e amount of the child support order. All

pleadings must be served on the Child Support Enfor cement Agency.

 

(C) All complaints filed pursuant to R.C.3111 shal

l be governed by the Ohio Civil Rules.

When at least twenty-eight (28) days have elapsed s

ince proof of service of the complaint has been

filed, upon the request of the plaintiff's attorney

, notices of a default hearing shall be mailed to t

he

parties and the plaintiff's attorney by the Domestic Relations Division Assignment Commissioner.

 

(D) When an Answer is filed, upon the request of a

ny party or their attorney notices of a

pre-trial hearing shall be mailed to the parties an

d counsel by the Domestic Relations Division

Assignment Commissioner.

 

(E) If no request for hearing is made within

three months of the date of filing or the case is

deemed inactive by the Assignment Commissioner then

the case shall be scheduled for a drop list

hearing and notices shall be mailed to the parties

and the plaintiff's counsel by the Assignment

Commissioner.

 

(F) At the pretrial hearing the Court may set the

case for further pretrial or

 

trial.

 

(G) The Magistrate may require motions for tempora

ry orders to be submitted and

determined without oral hearing upon affidavits in support or opposition.

 

 

Amended effective July 23, 1992

;

July 1, 1995; January 1, 2000

---

 

 

 

 

 

RULE 7. Detention/shelter care hearings

 

All juveniles received into detention or shelter c

are before 8:00 a.m. shall be brought before

a Magistrate for a Detention/Shelter Care Hearing o

n that same day. All juveniles received into

detention after 8:00 a.m. shall be brought before a

Magistrate for a Detention/Shelter Care Hearing

on the next Court day.

 

Requests for Detention/Shelter Care Hearings based

upon new information shall be in

writing and will be heard on the next Preliminary H earing docket.

 

(Amended Effective 7/1/95; 1/1/00)

---

 

 

 

 

RULE 8. Objections to Decisions of Magistrates / M otions to Set

Aside Magistrate’s Order

 

 

(A)

 

Objections to Magistrate’s Decision

 

A decision of a Magistrate may be reviewed by the

assigned Judge of this Court by filing an

Objection in accordance with Rule 40 of the Ohio Ru les of Juvenile Procedure.

 

The Objection should be accompanied by a supportin

g memorandum. If a finding of fact or

weight of the evidence is part or all of the basis

for the Objection, a transcript of the testimony is

  

necessary to support the Objection to the Magistrat

e's decision and must be filed with the Court.

Partial transcripts may be permitted upon leave of the Court.

 

Failure to file a transcript when one is required

by this Rule is a basis for dismissal of the

Objections.

 

All Objections shall be set for oral hearing by th

e moving party and shall be scheduled with

the assignment office at the time of filing. Notic

e shall be made by the moving party on all other

parties including the guardian ad litem. Oral hear

ings may be waived by agreement of all parties

and the Judge scheduled to hear the Objections.

 

Memoranda Contra Objections may be filed by any pa

rty within seven (7) days of the filing

of said Objections.

 

(B)

 

Motions to Set Aside Magistrate’s Orders

 

 

Magistrates may issue orders as provided by Ohio Ci

vil Rule 53 and Juvenile Rule 40.

Parties may file a motion to set aside the order, w

hich shall be heard by a Judge. The motion shall

be filed no later than ten days after the magistrat e’s order is entered.

 

The motion shall be accompanied by a memorandum sta

ting the party’s position with

particularity. If a finding of fact or weight of t he evidence is part or all of the basis for the mot

ion, a

transcript of the proceeding before the magistrate

must be filed with the Court. Partial transcripts

may be permitted upon leave of Court. Failure to f

ile a transcript when one is required by this rule

is a basis for dismissal of the motion.

 

 

The moving party shall schedule the motion to set a

side the magistrate’s order with the

assignment office at the time of filing, and shall

give notice of the hearing to all other parties,

including the Guardian ad Litem.

 

(Amended effective 7/1/93; 7/1/95; 1/1/00)

 

---

 

 

 

 

 

RULE 9. Photographing and broadcasting of court p

roceedings

 

 

The taking of photographs in the courtroom, and th

e transmitting or sound recording of such

proceedings for broadcasting by radio or television shall not be permitted unless authorized by the

Court. Court authorizations shall be governed by C

anon 3 of the Code of Judicial Conduct,

Superintendence Rule 12

 

and Ohio Revised Code Section 2151.35.

 

(A) Requests for permission to broadcast, televise

, record or photograph in the courtroom

shall be made in writing to the Duty Judge or Trial Judge as far in advance as reasonably practicable

but in any event no later than 24 hours prior to th

e courtroom session to be broadcast, recorded, or

photographed, unless otherwise permitted by the Trial Judge for good cause shown. Request forms

may be obtained from the Judge's Bailiff.

 

(B) The Court shall immediately attempt to inform

the attorneys for all the parties in the

case of the media request. If time does not permit

notification by mail then telephonic means or

notification in person must be attempted. The inte nt of this Rule is to allow attorneys for all parti

es

an opportunity to be heard prior to the Trial Judge deciding the media request.

 

(C) In the event the Trial Judge approves the medi

a request, he shall prepare and sign a

Journal Entry setting forth the conditions of media

broadcasting, televising, recording, or

photographing. This entry shall be made a part of the record of the case.

 

(D) Arrangements shall be made between or among me

dia for "pooling" equipment and

personnel authorized by this Rule to cover the cour

t sessions. Such arrangements are to be made

outside the courtroom and without imposing on the T

rial Judge or court personnel to mediate any

dispute as to the appropriate media pool representa

tive or equipment authorized to cover a

particular session.

 

(E) Not more than one portable camera (television,

video tape or movie), operated by not

more than one person shall be permitted without aut horization of the Trial Judge.

 

(F) Not more than one still photographer, utilizin

g not more than two still cameras of

professional quality with not more than two lenses

for each camera, shall be permitted without

authorization of the Trial Judge.

 

(G) Not more than one audio system for radio broad

cast purposes shall be permitted without

authorization of the Trial Judge.

 

(H) If audio arrangements cannot be reasonably mad

e in advance, the Trial Judge may

permit one audio portable tape recorder at the benc

h which will be activated prior to the

commencement of the courtroom session.

 

(I) Visible audio portable tape recorders may not

be used by the news media without the

permission of the Trial Judge.

 

(J) Only professional telephonic, photographic and

audio equipment which does not

produce distracting sound or light shall be employed to cover courtroom sessions. No motor driven

still cameras shall be permitted.

---

 

 

 

 

 

 

(K) No artificial lighting device other than that

normally used in the courtroom shall be

employed. However, if the normal lighting in the c

ourtroom can be improved without becoming

obtrusive the Trial Judge may permit modification.

 

(L) Audio pick-up by microphone for all media purp

oses shall be accomplished from

existing audio systems present in the courtroom. M

icrophones shall be located on the Trial Judges

bench, witness stand and jury rail. Microphones sh

all be visible, secured but unobtrusive. If no

technically suitable audio system exists in the cou

rtroom, microphones and related wiring essential

for all media purposes shall be unobtrusive and loc

ated in places designated by this Rule, or the

Trial Judge, in advance of any session.

 

(M) The television broadcast and still camera oper

ators shall position themselves in a

location in the courtroom, either standing or sitti

ng, and shall assume a fixed position within that

area. Having established themselves in a shooting

position, they shall act so as not to call attentio

n

to themselves through further movement. Sudden mov

es, pans, tilts or zooms by television or still

camera operators are prohibited. Operators shall n ot be permitted to move about in order to obtain

photographs or broadcast courtroom sessions, except to enter or leave the courtroom.

 

(N) Television cameras, microphones and taping equ

ipment shall not be placed in, moved

during or removed from the courtroom except prior t

o commencement or after adjournment of the

session or during recess. Neither television film

magazines, rolls, lenses, still camera film, nor

audio portable tape cassettes shall be changed within a courtroom except during a recess.

 

(O) Proper courtroom decorum shall be maintained b

y all media pool participants, including

proper attire in a manner that reflects positively upon the journalistic profession.

  

(P) There shall be no audio pick-up or broadcast o

f conferences conducted in a courtroom

between counsel and clients, co-counsel or the Trial Judge and counsel.

 

(Q) The Trial Judge shall prohibit photographing o

r televising by any means victims of

sexual assaults or undercover police officers. The

Trial Judge shall retain discretion to limit or

prohibit photographing or televising any juror, vic

tim, witness, defendant, counsel or his work

product upon objections.

 

(R) Upon the failure of any media representative t

o comply with the conditions prescribed

by the Trial Judge, the Rules of Superintendence of the Supreme Court, or this Rule, the Trial Judge

may revoke permission to broadcast, photograph, or record the trial or hearing.

 

(Amended effective 7/1/93; 1/1/00)

 

---

 

 

 

 

 

RULE 10. Support orders

  

 

(A) Completed child support worksheets, as prescri

bed by R.C.3113.215, shall be presented

to the Court at or prior to hearing on a motion or

complaint for child support. If the parties are

unable to agree on the proper completion of the wor

ksheets, each shall present a proposed

worksheet prior to the hearing. Proposed agreed en

tries for child support shall be accompanied by

completed support worksheets and all appropriate or

ders required by Ohio Revised Code Section

3113.21. If the child support provided in the agre

ement deviates from the child support guidelines,

the proposed judgment entry shall contain findings

of fact sufficient to substantiate the deviation.

General recitals that the deviation is fair or equi

table, or words of similar import shall not be

sufficient to substantiate the deviation. This Cou

rt has promulgated forms to meet the other

requirements of Section 3113.21. Complainants and/

or movants for child support orders shall

submit completed withholding and notice entries as

required by Section 3113.21 prior to

adjournment of a hearing wherein an order for support is entered.

       

(B) A motion requesting modification of an existin

g child support order shall state with

particularity the grounds therefor, and shall be su

pported by a memorandum or

  

the affidavit of the

moving party

.

If

 

the responding party files a memorandum contra or a

ffidavit, it shall be

  

served on

the opposing party or his counsel not less than fou rteen days prior to hearing.

 

(C) All persons required to pay child support purs

uant to a decree or order of the Juvenile

Court shall make those payments, plus processing ch

arge

 

through the Franklin County Child

Support Enforcement Agency.

 

(D) All orders which contain an order of support f

or children or a spouse shall contain the

following notice which shall be in boldface type and in all capital letters:

 

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE C

HILD

SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER

CURRENT

MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT

RESIDENCE

TELEPHONE NUMBER, CURRENT DRIVER’S LICENSE NUMBER,

AND OF ANY

CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIF Y THE AGENCY

OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT.

IF YOU ARE

THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE

REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 F

OR A FIRST

OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EA

CH SUBSEQUENT

OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER AN

Y SUPPORT ORDER

AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFIC

ATIONS YOU

MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO

$1000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.

 

IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQ

UIRED

NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOL

LOWING

ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIEN

S AGAINST YOUR

PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL

LICENSE,

DRIVER’S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR

INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR

ACCOUNTS IN

FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMIT TED BY LAW TO

---

 

 

 

 

 

OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIG

ATION.

 

Additionally, if there is support for children inv

olved, the following notices shall be

included in the order:

 

The residential parent or the person who otherwise

has custody of a child for whom a

support order is issued is also ordered to immediat

ely notify

,

and the obligor under a support order

may notify, the Franklin County Child Support Enfor

cement Agency of any reason for which the

support order should terminate, including but not l

imited to, the child’s attainment of the age of

majority if the child no longer attends an accredit ed high school on a full-time basis and the support

order does not provide for the duty of support to c

ontinue past the age of majority; the child ceasing

to attend such a high school on a full-time basis a

fter attaining the age of majority, if the support

order does not provide for the duty of support to c

ontinue past the age of majority; or the death,

marriage, emancipation, enlistment in the armed ser

vices, deportation, or change of legal or

physical custody of the child.

 

A WILLFUL FAILURE TO NOTIFY THE FRANKLIN COUNTY CH

ILD

SUPPORT ENFORCEMENT AGENCY AS REQUIRED BY DIVISION

(G)(4) OF

SECTION 3113.21 OF THE OHIO REVISED CODE IS CONTEM

PT OF COURT.

 

All child support and spousal support orders shall

contain the following provision:

 

All child support and spousal support under this o

rder shall be withheld or deducted from

the income or assets of the obligor pursuant to a w

ithholding or deduction notice or appropriate

court order issued in accordance with section 3113.

21 of the Revised Code or a withdrawal

directive issued pursuant to section 3113.214 of th

e Revised Code and shall be forwarded to the

obligee in accordance with sections 3113.21 to 3113.213 of the Revised Code.

 

All such decrees and orders shall also contain lan

guage requiring that notices required by

this rule to be sent to the Child Support Enforceme

nt Agency, 373 South High Street, 13th floor,

Columbus, Ohio 43215. Attn: Notice Officer.

 

(E) All matters pertaining to the establishment or

modification of an order for support shall

be prosecuted and assigned for hearing in accordanc

e with the guidelines set forth in Section

3113.21(L).

 

(F) In any complaint for custody, support, paterni

ty, or motion for modification of support

or motion for health insurance coverage, the pleadi

ng and any responsive pleadings shall be

accompanied by a completed Child Support Enforcemen

t Agency Health Insurance Disclosure

Affidavit on a form prescribed by the Court.

 

(G) Whenever a support order is issued or modified

the obligee shall complete and file with

the Court, prior to the adjournment of the hearing, an Application for IV-D Services.

 

(H) Whenever a support order is issued or modified

a copy of the entry shall be provided by

counsel to the Clerk of Courts Office at the time o

f filing to be forwarded to the Franklin County

Child Support Enforcement Agency.

 

---

 

 

 

 

 

(Amended effective 7/1/93, 6/16/94, 7/1/95

;

2/9/98; 1/1/00)

---

 

 

 

 

 

RULE 11. Motions

  

 

All Motions shall be made in writing in accordance

with Rules 19 and 22 of the Ohio Rules

of Juvenile Procedure unless otherwise permitted by the Court. The Motion shall be supported by a

memorandum containing citations of authority and ma

y also be supported by an affidavit. Except

as provided in Local Rules 5(D) and 6(G), all pretr ial Motions shall be set for an oral hearing by the

moving party and shall be scheduled with the assign

ment office at the time of filing. Notice shall

be made by the moving party on all other parties, i

ncluding the guardian ad litem. Oral hearings

may be waived by agreement of all parties and the T rial Magistrate or Judge.

 

Motions for contempt may contain additional reques

ts for attorney fees and reducing the

arrearage to a judgment. All other motions shall c

ontain a single request for relief and shall not

contain multiple branches or alternative requests f

or relief, except that in addition to the single

request for relief a motion may contain a request f or appointment of a process server and/or attorney

fees.

 

Due to technological changes in the Court's comput

erized docket management system, all

motions, memoranda contra, and replies shall be titled in the following manner:

 

 

MOTION

 

 

MOTION OF (Plaintiff/Defendant) (Party Name)

(to/for) (type of motion)

 

 

MEMORANDUM CONTRA

 

 

MEMORANDUM CONTRA OF (Plaintiff/Defendant) (Party

Name)

To (Plaintiff/Defendant) (Party Name)'s

MOTION (to/for) (type of motion) FILED (date of mo

tion)

 

 

 

REPLY

 

REPLY MEMORANDUM OF (Plaintiff/Defendant) (Party N

ame)

 

  

 

 

(Amended effective 7/1/93, 3/11/94, 7/1/95, 1/1/00

)

 

---

 

 

 

 

 

RULE 12. Transcripts/recording of proceedings

  

 

Pursuant to Rule 37 of the Ohio Rules of Juvenile

Procedure a complete record of all

testimony or other oral proceedings shall be taken in shorthand, stenotype, or by any other adequate

mechanical or electronic recording device as prescribed by the Court.

 

No public use shall be made by any person, includi

ng a party, of any record or transcript

thereof, except in the course of the proceedings or appeal or as authorized by the Court.

 

Within three(3) days after the filing of objection

s,

 

the request for said transcript shall be

filed with the Clerk of Courts with a copy to be de

livered to the Stenographer's Office. The cost of

same shall be as the Court shall from time to time

determine at a per page amount. At the time of

ordering a transcript, the ordering counsel or part

y shall arrange for payment to the official Tape

Recorder Transciptionist, through his or her supervisor. An advance deposit approximating 75% of

the total cost shall be posted by the ordering coun

sel or party with the balance due prior to delivery

  

of a copy or filing of an original with the Court.

 

All original transcripts shall be filed by the off

icial Tape Recorder Transcriptionist with the

Clerk of Courts and shall thereby become part of th

e official record of the case. A copy will be

provided to the ordering party, upon request, at a cost which shall be determined by the court.

 

Requests for transcripts for the benefit of indige

nt parties other than those represented by

the office of the Public Defender, shall be submitt

ed to the Court and supported by an order of the

Court directing that the transcript be prepared at

public expense. This order shall serve in lieu of

the deposit otherwise required by this Rule.

 

Amended effective 1/1/00

 

 

RULE 13. Warrants

  

 

Warrants for the arrest of juveniles will be issue

d only upon authorization of a Judge or

Magistrate

.

  

 

(Amended effective 7/1/95)

 

---

 

 

 

 

 

RULE 14. Filing fees and costs

 

In all actions for Parentage, the party institutin

g the action shall deposit with the Clerk the

sum of $75.00 as security for costs. There shall b

e no right to a jury trial in parentage actions fil

ed

on or after January 1, 1998.

 

In all actions for Custody and Habeas Corpus proce

edings, the moving party shall deposit

with the clerk the sum of $100.00 as security for c osts.

 

Any person seeking to file pleadings without posti

ng a deposit or security for costs, shall

complete a financial disclosure / affidavit of indi

gency. All affidavits filed pursuant to this Rule

shall be on the form authorized by the Court, which

is appended hereto and incorporated herein, or

in a format consistent therewith. Upon approval of

the court, the deposit shall be deferred and the

Clerk shall receive and file the documents without deposit or security.

  

Costs for adjudicated juvenile traffic offenders s

hall be assessed at the rate of $57.00 for

moving violations, and $40.00 for non-moving violat

ions. Costs for juvenile traffic offenders

include the costs mandated by O.R.C.2743.70 and O.R.C.2949.091.

 

Costs for delinquency cases shall include the cost

s mandated by O.R.C.2743.70 and

O.R.C.2949.091. Costs in delinquency/unruly procee dings may be waived at the discretion of the

Court.

 

 

Fees for Computer Research and Services

 

 

(A) Pursuant to the authority of R.C.2151.541(A)(1

)(b) it is determined that, for the

efficient operation of the Juvenile Branch of this

Court additional funds are required to obtain

computerized legal research services.

 

The Clerk of this Court is directed and hereby aut

horized to charge and collect a fee of three

dollars ($3.00) upon the filing of each cause or ap peal under R.C.2303.20(A), (Q), and (U). The fee

is included in the appropriate security for costs sections listed above.

 

All funds collected pursuant to this rule shall be

paid to the County Treasurer to be

maintained by the County Auditor in a separate acco

unt for utilization of this Court in procuring

and maintaining computerized legal research services.

 

(B) Pursuant to the authority of R.C.2301.210(B)(

1) it is determined that for the efficient

operation of the Juvenile Branch of this Court, add

itional funds are required to computerize the

office of the Clerk of Court of Common Pleas.

 

The Clerk of this Court is directed and hereby aut

horized to charge an additional fee of ten

dollars ($10.00) upon the filing of each cause of a

ction, appeal, certificate of judgment, or the

docketing and indexing of each aid in execution or

petition to vacate, revive, or modify a judgment

under R.C.2303.20(A), (P), (Q), (T) and (U). The f

ee is included in the appropriate security for

costs sections listed above.

 

All funds collected pursuant to this rule shall be

paid to the County Treasurer to be

---

 

 

 

 

 

disbursed, upon an order of the Court of Common Ple

as and subject to appropriation by the Board

of County Commissioners, in an amount no greater th

an the actual cost of the court of procuring

and maintaining computer systems for the office of the Clerk of Court of Common Pleas.

  

(Amended effective 7/1/93; 2/10/97;2/9/98; 1/1/00)

  

---

 

 

 

 

 

 

PLAINTIFF CASE NO.

DEFENDANT

FINANCIAL DISCLOSURE / AFFIDAVIT OF INDIGENCY

 

 

NAME SS#

DOB / / ADDRESS CITY

STATE PHONE

OTHER PERSONS LIVING IN HOUSEHOLD

 

1) NAME AGE RELATIONSHIP

2) NAME AGE

RELATIONSHIP

3) NAME

AGE RELATIONSHIP 4) NAME

AGE RELATIONSHIP _

INCOME / EMPLOYMENT INFORMATION

 

Income Source

 

Self

 

Spouse

 

Household

Members

 

Total

 

Employment

 

Unemployment

 

Workers' Comp

 

Pension

 

Social Sec.

 

Child Support

 

ADC

 

Disability

 

Food Stamps

 

Other

 

Total

 

MONTHLY EXPENSES / LIABILITIES

 

Expense/Liability

 

Amount Debtor

(Self/Household Member)

 

Expense/Liability

 

Amount Debtor

(Self/Household Member)

Child Support Paid

   

Child Care

(Only if Working)

 

 

Work

Transportation

 

 

Medical / Dental

Uninsured

 

 

Medical Insurance

   

Costs of Caring

for Infirm Family

Member

 

 

Rent / Mortgage

 

  

Food

 

  

Electric

 

  

Gas

 

  

Telephone

 

  

Cable TV

 

  

---

 

 

 

 

 

Water/Sewer/Trash

 

  

Credit Cards

(Specify)

 

 

Loans (Specify)

 

  

Taxes

 

  

Other (Specify)

 

  

Other (Specify)

 

  

Other (Specify)

 

  

Other (Specify)

 

  

TOTAL

 

  

TOTAL

 

  

 

ASSET INFORMATION

 

Type of Asset Describe Length of Ownership/

Make, Model, Year (where

applicable)

Estimated Value

Real Estate / Home

  

Stocks / Bonds / CD's

  

Automobiles

  

Trucks/Boats/Motorcycles

  

Other Valuable Property

  

Cash On Hand

  

Money Owed to Defendant

  

Checking Acct.(Bank/Acct.#)

  

Savings Acct. (Bank/Acct.#)

  

Credit Union (Name/Acct.#)

  

TOTAL

  

 

AFFIDAVIT OF INDIGENCY

 

STATE OF OHIO,

COUNTY OF FRANKLIN, SS:

 

, being first sworn,

deposes and says that (s)he is a party in the above

entitled

cause; that said cause is brought in the Domestic R

elations

Division of the Common Pleas Court of Franklin Coun

ty, Ohio,

requesting

      

; that (s)he is:

 

employed

unemployed

a recipient

of ADC/SSI/SSD

and is without sufficient financial means to prepay

or give

security for the costs of said action. Affiant further says that

(s)he has no money with which to pay the costs of s

aid action;

that (s)he has no available real property or person

al property

with which to secure the payment of said costs that

may accrue;

nor is (s)he able to give bond or any other security to cover said

costs as provided by law.

I understand that if the security for costs is wai

ved, and it

is later determined that I was not entitled to such a waiver, I

---

 

 

 

 

 

will be required to pay the costs associated with this action. I

further understand that I am subject to criminal pr osecution for

providing false financial information in connection

with this

indigency affidavit.

This affidavit is made in accordance with O.R.C.23

23.31 and

in conformity with an order of the Domestic Relations Division of

the Common Pleas Court of Franklin County, Ohio. I hereby certify

that the information provided herein is true to the

best of my

knowledge.

 

 

Affiant

 

Sworn to before me and subscribed in my presence t

his

      

day of

, 19

.

 

 

Notary Public

---

 

 

 

 

 

RULE 15. Traffic offenses/misdemeanor citations

  

 

(A) Traffic matters will generally be heard Monday

through Friday by a Magistrate of this

Court.

 

(B) The following offenses require an appearance b

efore the Court for adjudication:

 

(1) Minor Misdemeanors filed on Citations

(2) Second or Subsequent Moving Violation

(3) Reckless Operation of a Motor Vehicle

(4) Leaving the Scene of an Accident

(5) Fleeing a Police Officer

(6) Operating a Vehicle While Under the Influence

of Alcohol and/or Drugs

(7) Passing a Loading or Unloading School Bus

(8) Operating a Vehicle without a Valid Operator'

s License

(9) Operating a Vehicle while the Operator's Lice

nse is under Suspension or Revocation

(10) Offenses involving Serious Injury or Property

Damage

(11) Speeding in Excess of 20 m.p.h. over the Post

ed Speed Limit

(12) Drag Racing

(C) Upon determination by the Clerk's Office that

a mandatory appearance is not required, a

Juvenile Traffic Offender may elect to proceed with

out a Court appearance upon the following

conditions:

 

A parent, guardian, or an attorney must be present

with the offender. A waiver will be

executed. Said waiver shall constitute an admissio

n to the facts as alleged in the complaint and to

the traffic violation. It shall further constitute

a waiver of the right to trial, the right to cross

-

examine witnesses against the offender, the right t

o silence and right to counsel. Upon said

admission and waiver, a fine shall be assessed by t

he Court in accordance with schedules

established by the Court.

 

(D) No continuances of a traffic appearance shall

be granted by phone.

 

(E) Forms are available in the Intake Office which

may be used by an attorney or parent to

enter a denial on behalf of a youth who has been ci

ted. The matter will then be set for trial on the

contested docket before a Magistrate.

 

(F) All requests for driving privileges or other f

orm of post-adjudicatory relief are to be

made in writing and will be set for hearing on the

afternoon Traffic Docket. Notice to the

Prosecutor's Office shall be made by the moving party.

 

(Amended effective 7/1/93; 2/10/97; 1/1/00)

 

 

 

 

---

 

 

 

 

 

RULE 16. Expungements

  

 

All expungements shall be made in accordance with

Section 2151.358 of the Ohio Revised

Code. Any person seeking expungement of juvenile m

atters shall make a written request through

the Court's Intake Department. The Intake Departme

nt shall provide said person with the

appropriate written form. After notice to the Pros

ecutor's Office, the Court shall conduct a hearing

to determine whether the expungement should be gran ted. Upon journalization of an expungement

the Intake Department shall notify all appropriate court departments and law enforcement agencies.

 

RULE 17. Mediation

 

 

(A)

   

After service of summons in an action for custody o

r at any time after the filing of

  

a

post-decree motion to modify custody or visitation, when it is determined that the parties have not

reached an agreement regarding custody or visitatio n, the court may order the parties to participate

in mediation assessment. Parties may also particip

ate in mediation prior to or after the filing of a

contempt motion for denying visitation. The court

may waive participation in mediation

assessment if the parties have previously

  

entered mediation. Mediation Assessment and Referr

al

Services (MARS) will also accept direct referrals f

rom counsel and parties wishing to mediate

without litigation pending.

 

If Mediation Assessment and Referral Services dete

rmines that the case qualifies for

mediation, the Court may permit and encourage both parties to participate in mediation for a period

of time not to exceed ninety (90) days. If the par

ties agree to mediate, the court will stay the

proceedings, and mediation sessions may be reconven

ed from time to time until all issues are

resolved in a manner mutually acceptable to the par

ties or until the mediator determines continued

efforts would not be productive. The Court may ord

er parties to participate in or return to

mediation at any time.

 

The parties may agree to mediate issues other than

custody and child-related matters

,

provided that the parties obtain the approval of th eir respective counsel prior to entering into a fin al

agreement. The costs of mediation shall be the ini

tial subject of mediation, and shall be paid by the

parties pursuant to their fee agreement with the mediator.

 

The mediator shall notify the Court upon the concl

usion of mediation if the parties have

reached an agreement on all or some issues. Any ag

reement reached during mediation shall not be

binding upon the parties until reviewed and approve

d by their counsel and the Court. Statements

made during mediation shall be considered compromis

e negotiations and not admissible as

evidence pursuant to Evidence Rule 408. Mediators

will not be permitted to testify regarding the

substance of the mediation negotiations, including

but not limited to, cooperation or non-

cooperation of the parties.

 

MARS shall conduct an exit interview with the part

ies in person, in writing, or by

telephone, and shall request the court to release the mediation stay.

(B) Delinquent and unruly cases may be referred fo

r participation in the Juvenile Victim Offender

Mediation Program.

 

---

 

 

 

 

 

(C) If mediation is ordered in abuse/neglect/depen

dency cases, all parties and their counsel shall

appear and participate in a mediation conference.

The minor children who are the subjects of the

action shall not participate in the mediation confe rence unless requested by their Guardian ad Litem

and ordered by the Court. Abuse/neglect/dependency

cases shall not be stayed during mediation

but may be continued within statutory time limits.

 

(D)

   

To be accredited by the Franklin County Court of Co

mmon Pleas, Division of Domestic

Relations and Juvenile Branch, a mediator should possess the following qualifications:

 

1) Completion of at least 12 hours of basic mediati

on training and 40 hours of

specialized family/divorce mediation Training.

 

2) Adherence to the ethical guidelines as set by t

he Academy of Family Mediators.

 

3) An undergraduate degree* and at least two years

of professional experience with

families. "Professional experience with families"

includes counseling, casework,

mediation, legal representation in family law matte rs, or equivalent experience as is

satisfactory to the court.

*The undergraduate degree requirement may be

waived by the court upon consideration of well-

documented equivalent educational experience.

 

4) Eligibility for membership in professional asso

ciation.

 

5) Maintenance of appropriate liability insurance

specifically covering the activities of

the individual as a mediator.

 

6) Adherence to the ethical standards of the media

tor's profession.

 

7) A commitment to continuing education.

 

8) Awareness of the factors affecting the propriet

y of mediation in particular

cases.

 

9) Substantial divorce mediation experience, or com

pletion of a supervised domestic

mediation apprenticeship.

 

 

 

(Amended effective 7/1/95; 1/1/00)

---

 

 

 

 

 

RULE 18. REPEALED

 

 

 

 

RULE 19. Informal intake conference

 

Ohio Revised Code Section 2151.01 and Rule 9 of th

e Ohio Rules of Juvenile Procedure

speak to the desirability, in appropriate cases, of avoiding formal actions.

 

 

2151.01 Construction: purpose

  

 

The sections in Chapter 2151. of the Revised Code,

with the exception of those sections

providing for the criminal prosecution of adults, s hall be liberally interpreted and construed so as t o

effectuate the following purposes:

 

(A) To provide for the care, protection, and mental

and physical development of children

subject to Chapter 2151. of the Revised Code.

 

(B) To protect the public interest in removing the

consequences of criminal behavior and

the taint of criminality from children committing d elinquent acts and to substitute therefor a

program of supervision, care, and rehabilitation.

 

Juvenile Rule 9

 

(A) Court action to be avoided

In all appropriate cases formal court action should

be avoided and other community

resources utilized to ameliorate situations brought to the attention of the Court.

 

(B) Screening: referral

 

Information that a child is within the court's juri sdiction may be informally screened prior to

the filing of a complaint to determine whether the filing of a complaint is in the best interest

of the child and the public.

 

As part of the Court's overall effort to conform w

ith the above provisions, informal intake

conferences and referral to court diversion program s may occur

 

in lieu of formal actions for certain

delinquency and unruly cases.

 

Generally, informal conferences will be available

only for first time misdemeanor charges

and status offenses. Although no formal finding or record shall result, to be eligible for an informa l

conference a youth must be willing to admit to the operative facts to the action.

 

(Amended effective 7/1/93; 1/1/00)

  

---

 

 

 

 

 

RULE 20. Magistrate hearings

 

Magistrates shall conduct arraignments in adult cr

iminal proceedings under Criminal Rules

10 and 19,

  

and shall conduct hearings in complaints initiated

in the Juvenile Branch for custody,

delinquency, unruliness, parentage, juvenile traffi

c offenses, and for abuse, neglect and dependency.

In addition to the above duties, Magistrates shall hear the following matters:

 

(A) All motions, except probable cause and amenabi

lity hearings conducted in proceedings

to transfer jurisdiction for purposes of criminal p

rosecution pursuant to Juvenile Rule 30

and R.C.2151.26.

 

(B) Contempt citations, unless assigned before a J

udge.

 

(C) Motions requesting a new trial or relief from j

udgment pursuant to Civil Rule 59 or 60.

Such motions

 

should be heard by the Judge or Magistrate who hear d the matter originally.

 

(D) All hearings under 3113.21 of the Ohio Revised

Code, including objections to CSEA

administrative determinations.

 

(E) Motions for relief from judgment which were jou

rnalized by the Court without hearing

following a FCCSEA administrative hearing.

 

(F) Objections to administrative parentage determinations filed pursuant to R.C.3111.22(D).

(Amended effective 7/1/90

;

7/1/95; 1/1/00)

 

  

 

 

 

 

 

---

 

 

 

 

 

RULE 21. Assignment of cases

       

Upon the original filing of a case by motion, the

case shall

be assigned by lot to a specific Judge and Magistra

te of this

Court. A case that is reactivated by motion shall be assigned to

the original Judge unless the original action was f iled prior to

January 1, 1991, then it shall be assigned in the s ame manner as

an original filing.

 

In any instance where a previously filed and dismi

ssed case

is refiled, that case shall be reassigned to the Judge originally

assigned by lot to hear it; unless for good cause s

hown, that

Judge is precluded from hearing the case. When a Judge leaves the

Court his or her cases will be assigned to his or h er successor.

To allow for other responsibilities, assignments to

the

Administrative Judge shall be reduced by ten percent.

 

Once assigned a case, the assigned Judge becomes p

rimarily

responsible for the determination of every issue and proceeding in

the case. All preliminary matters, including reque

sts for

continuances, must be submitted for disposition to

the Judge or

Magistrate to whom the case or motion is assigned, or if he or she

is unavailable, to the Duty Judge.

 

None of the above language shall be construed to l

imit the

reference of cases to Magistrates pursuant to Juven ile Rule 40,

Civil Rule 53 or Local Juvenile Rule 20. Notwithst

anding those

rules the following matters shall be docketed for a nd heard only

by the assigned Judge except with permission of the Administrative

Judge of this Court or in his or her absence the Pr esiding Judge

of the Common Pleas Court, a Judge may refer specif ic cases to a

Magistrate if the case cannot be heard due to unava

ilability of

docket time and must be heard that day:

 

a) Juvenile delinquency charges of:

 

Murder, Aggravated Murder, Vehicular Homicide,

Aggravated Vehicular Homicide, Negligent Homicide,

Consent to Marry, Abortion Notification, Habeas Corpus,

Permanent Surrender for Adoption, Bindover for Trial as

an Adult, Manslaughter, Voluntary Manslaughter,

Involuntary Manslaughter, Offenses against Human

Corpse.

 

b) All criminal charges against adults.

 

c) All paternity proceedings tried to a Jury.

  

(Effective January 1, 1991; Amended effective 7/1/

93)

 

 

 

 

---

 

 

 

 

 

RULE 22. MODEL VISITATION/PARENTING TIME SCHEDULE

  

FRANKLIN COUNTY COMMON PLEAS COURT

 

DOMESTIC AND JUVENILE DIVISIONS

 

 

FOR PARENTS TRAVELING UNDER 90 MILES ONE WAY:

 

 

This schedule is merely a guideline for parenting

time. It

is the parties’ responsibility to tailor this schedule as

necessary to meet the best interests of their children and their

situation before the schedule becomes a court order.

 

Liberal visitation/parenting time arrangements are

  

encouraged, as contact with both parents is important to the

children. Specific items in the Journal Entry take precedence

over this schedule. Changes or modifications can be made by the

Court if need for such is shown. This schedule does not affect

support payments.

 

Activities you engage in with your children, skill

s you

teach them, or friends you help them make will make their time

with you more rewarding. Additionally, regardless of how much

time each parent spends with the children, there are many

opportunities to be involved in their lives, such as

participation and attendance at their school, sporting and

extracurricular activities.

 

VISITATION/PARENTING TIME BETWEEN THE CHILDREN AND THE NON-

RESIDENTIAL PARENT SHALL TAKE PLACE AT SUCH TIMES AND PLACES AS

THE PARTIES MAY AGREE, BUT WILL NOT BE LESS THAN:

 

1. Weekends

: Alternate weekends from Friday at 6:00 p.m. until

Sunday at 6:00 p.m. This alternating weekend schedule shall

not change, even when

 

interrupted by holiday and birthday,

summer and/or vacation visitation/parenting time. (See

Section 5a below)

 

2. Weekdays

: One weekday evening per week from 5:00 p.m. to

8:00 p.m. which shall be Wednesday unless otherwise agreed

and designated herein as

.

 

3. Extracurricular Activities

: Regardless of where the children

are living, their participation in existing and renewed

extracurricular activities, school related or otherwise,

shall continue uninterrupted. The parent with whom they are

residing at the time of the activity shall provide the

transportation to these activities. Notice of all

extracurricular activities, school related, or otherwise, in

which the children participate, schedules of all

extracurricular activities (handwritten, if no formal

schedule is provided by the activity) and the name of the

activity leader (including address and telephone number if

reasonably available) shall be exchanged between the

parents.

---

 

 

 

 

 

 

4. Pre-School Age

: Unless otherwise agreed, pre-school age

children follow the same schedule of school age children in

the school district where they live regardless of whether or

not other school age children live in the family. Frequent

contact with both parents each week is recommended for very

young children.

 

5. Holidays (includes birthdays)

: In odd-numbered years, mother

has Spring Break, Memorial Day, Labor Day, and the first

half of Winter Break. In odd-numbered years, father has

Martin Luther King's Day, Fourth of July, Thanksgiving,

and the second half of Winter Break. In the even-numbered

years, the schedules are reversed.

       

a. In the event of a conflict between regular

visitation/parenting time and holiday

visitation/parenting time, holiday visitation/parenting

time prevails. The alternating weekend

visitation/parenting time continues, however, as if the

holiday had not intervened. This means that one parent

may have the children three weekends in a row. This

process equalizes itself over the course of time for

each parent.

 

For any holiday falling on a Monday or Friday, if

the

weekend immediately preceding or following the holiday

visitation/parenting time is spent with the same

parent, there is no need for that parent to return the

children that evening and then pick them up the next

morning. For a holiday falling on a Friday,

visitation/parenting time commences Friday a.m. and

continues to Sunday evening; or for a holiday falling

on a Monday, visitation/parenting time commences Friday

evening and continues to Monday evening.

 

b. Mother's Day and Father's Day and, the parent'

s

 

birthdays only when they fall on a Saturday or Sunday,

are to be spent with the appropriate parent. These are

as agreed or 10:00 a.m. to 7:00 p.m. These do not have

to be made up.

 

c. Other days of special meaning, such as Religio

us

Holidays, etc., (i.e., New Year's Eve and Day, Kwanzaa,

Passover, Easter, Rosh Hashanah, Christmas Eve,

Christmas Day) should be decided together, as follows:

_______________________________________________________

d. Hours for parents who can not agree are as fol

lows:

Martin Luther King Day (9:00 a.m. to 7:00 p.m.); Spring

Break (6:00 p.m. on the day school is out to 7:00 p.m.

the day before school recommences; Memorial Day and

Labor Day (6:00 p.m. Friday to 6:00 p.m. Monday); July

4th (9:00 a.m. to 9:00 a.m. the next day); ;

---

 

 

 

 

 

Thanksgiving (6:00 p.m. Wednesday to 6:00 p.m. Sunday);

Winter Break (first half commences at 6:00 p.m. the

last day of school before Winter Break begins, until

December 25 at 1:00 p.m.; second half commences at

1:00 p.m. December 25 until 6:00 p.m. the day before

school recommences).

 

e. 48-hour notice should be given by the parent w

ith whom

the holiday is being spent for any arrangements for out

of town travel on the holidays or of a change in pick-

up/return times.

 

f.

The children's birthdays should be alternated per child,

between the parents and on an annual basis. Hours for

parents who cannot agree are 4:00 p.m. to 8:00 p.m.

Brothers and sisters attend the birthday event. These do

not have to be made up.

 

6. Summer

: In odd numbered years, Mother shall have

visitation/parenting time with the children the first half

of the summer, and Father shall have visitation/parenting

time with the children the second half of summer. This

schedule reverses in even numbered years. The summer school

vacation commences the day after the children are out of

school and continues until seven (7) days before school

begins. Each parent’s time is calculated by taking the

number of intervening weeks (full and/or partial)and

dividing in half.

 

Weekday and alternating weekend

 

visitation/parenting time

shall be exercised by the parent who is not exercising

his/her half of the summer.

 

7. Vacations

: Each parent may arrange an uninterrupted vacation

of not more than two (2) weeks with the children. Each

parent shall schedule this vacation during his/her half of

the summer. A general itinerary of the vacation shall be

provided for the other parent, including dates, locations,

addresses, and telephone numbers. Holiday and birthday

celebrations with either parent shall not

be missed,

requiring scheduling of the vacation around these events or

that the missed occasion be made up. Alternate weekend

visitation/parenting time with the other parent is missed

during vacation, and there is no requirement that it be

made up.

 

8. Telephone Access

:

a. Children can call either parent as often as th

ey wish,

at reasonable times, so long as the call is collect, if

it is a long distance call.

 

b.

In addition, the non-possessory parent shall be entitled

to telephone communication with the children not less

than three times per week for not less than 15 minutes

---

 

 

 

 

 

per call.

 

c.

Possessory parent shall not interfere with or stop the

telephone communication.

 

9. Transportation:

The parties shall divide the

transportation equally. The parent

who is exercising visitation/parenting time shall pick up the

children. Unless otherwise ordered by the court or agreed by the

parents, drop off/pick up shall be at the parents’ respective

homes.

 

10. Moving

: Upon either parent learning that he/she will be

moving, he/she shall immediately notify the other parent except

in those circumstances wherein notice is not required by R.C.

3109.051(G), and provide the other parent with the moving date,

new residence address and telephone number, and such other

pertinent information necessary to effectuate a smooth move for

the children. The parents shall attempt, in good faith, to

renegotiate an appropriate and beneficial new

visitation/parenting time schedule.

 

11. Waiting:

Neither parent shall be more than 30 minutes late

picking up the children. If the non-residential parent has

not arrived to pick up the children within the 30 minute

period, visitation/parenting time is forfeited and shall not

be made up.

 

12. Cancellation

: The non-residential parent should give 24

hour notice to cancel. The time canceled by the non-

residential parent is forfeited.

 

13. Illness:

If a child is ill, the residential parent should

give 24 hour notice, if possible, so appropriate plans can be

made. However, if any visitation/parenting time, weekend,

holiday/birthday, or vacation is missed due to non-emergency

and/or critical illness, then any missed visitation/parenting

time shall be made up as provided in paragraph 14.

 

14. Make-Up Visitation/Parenting time

: Any make-up

visitation/parenting time required by this schedule shall

occur the first weekend of the other parent immediately

following the missed visitation/parenting time and shall

continue during the other parent's weekends until made up in

full, including partial weekends.

 

15. Current Address and Telephone Number

: Except as provided in

the court order, each parent shall keep the other informed

of his/her current address and telephone number at all

times.

 

Emergency Contact

: Both parents shall at all times,

regardless of whether the children are with him/her,

provide the other parent with a telephone number for

contact in the event of an emergency.

---

 

 

 

 

 

 

16. Car Seat

: For any and all children required by law to ride

in a car seat, the parents shall transfer the car seat with

the child as visitation/parenting time exchanges occur.

 

17. Clothing

: The parents shall cooperate in the exchange of

the children's clothing prior to and following

visitation/parenting time.

 

 

FRANKLIN COUNTY COMMON PLEAS COURT

 

DOMESTIC AND JUVENILE DIVISIONS

 

 

FOR PARENTS TRAVELING OVER 90 MILES ONE WAY

 

 

This schedule is merely a guideline for parenting

time. It

is the parties’ responsibility to tailor this schedule as

necessary to meet the best interests of their children and their

situation before the schedule becomes a court order.

 

Liberal visitation/parenting time arrangements are

  

encouraged, as contact with both parents is important to the

children. Specific items in the Journal Entry take precedence

over this schedule. Changes or modifications can be made by the

Court if need for such is shown. This schedule does not affect

support payments.

 

Activities you engage in with your children, skill

s you

teach them, or friends you help them make will make their time

with you more rewarding. Additionally, regardless of how much

time each parent spends with the children, there are many

opportunities to be involved in their lives, such as

participation and attendance at their school, sporting and

extracurricular activities.

 

VISITATION/PARENTING TIME BETWEEN THE CHILDREN AND THE NON-

RESIDENTIAL PARENT SHALL TAKE PLACE AT SUCH TIMES AND PLACES AS

THE PARTIES MAY AGREE, BUT WILL NOT BE LESS THAN:

 

1.

  

Pre-School Age:

Unless otherwise agreed, pre-School age

children shall follow the same schedule as school age

children in the school district where they live, whether or

not a school age child resides in the family. Frequent

contact with both parents is recommended for very young

children.

 

   

2.

  

Winter Break

: Winter Break will be divided in half and

alternated annually, by half, between the parents.

 

3. Spring Break

: The non-residential parent shall be entitled

to the entire school vacation (the day school is out to the

day before school recommences) in odd-numbered years.

 

4. Summer

: Each parent shall be entitled to one half of the

---

 

 

 

 

 

school summer vacation. Summer school necessary for the

child(ren) to pass to the next grade must be attended. The

residential parent shall notify the non-residential parent

by March 15 of when the summer vacation begins and ends.

The non-residential parent must notify the residential

parent as to their intentions by April 15.

 

a. If the parties cannot agree which half of the

summer

they prefer, in the even-numbered years, the first half

of the summer shall be spent at the home of the non-

residential parent, and in the odd-numbered years, the

second half.

 

b.

A general itinerary should be provided either parent if

more than 2 days will be spent away from either home when

the children are in that parent's care.

 

       

5. Vacations

: Each parent may arrange an uninterrupted vacation

of not more than two weeks with the children. If this

includes a trip away from home a general itinerary of the

vacation shall be provided for the other parent, including

dates, locations, addresses, and telephone numbers.

 

6. Additional Visitation/Parenting time

:

 

a. Weekend

: A once-a-month, weekend visit to the

non-residential parent's home shall

 

be permitted if the

child's traveling time does not exceed THREE AND ONE HALF

HOURS, one way. The residential parent must be notified at

least one week in advance. THE NONRESIDENTIAL PARENT SHALL

PROVIDE THE TRANSPORTATION FOR WEEKEND VISITATION/PARENTING

TIME.

 

b. Father's Day and Mother's Day should

  

always be spent

with the appropriate parent.

 

c. The non-residential parent shall notify the re

sidential

parent as least two days in advance of any time the

non-residential parent will be in the area and wants

visitation/parenting time. Absent extraordinary

circumstances, this visitation/parenting time shall occur.

 

d. The residential parent shall

  

notify the non-residential

parent at least two days in advance when the residential

parent and child(ren) will be in the area of the

non-residential parent, and visitation/parenting time must

be allowed.

 

7. Telephone Access

:

 

a. Children can call either parent as often as th

ey wish,

at reasonable times, so long as the call is collect if

it is a long distance call.

---

 

 

 

 

 

 

b.

In addition, the non-possessory parent shall be entitled

to telephone communication with the children not less

than three times per week for not less than 15 minutes

per call.

 

c. Possessory parent shall not interfere with or stop

telephone communication.

 

8. Transportation

: Responsibility for transportation costs

should be decided in advance and a plan written into an

Order of the Court. The costs of transportation, in the

appropriate case, may be a basis for deviation from the

child support schedule. Parties shall also decide and

provide in the plan where the child(ren) shall be picked up

and dropped off.

 

9. Moving

: Upon either parent learning or determining,

whichever first occurs, that he/she will be moving, he/she

will immediately notify the other parent and provide the

other parent with the moving date, new residence address and

telephone number, and such other pertinent information

necessary to effectuate a smooth move for the children. The

parents shall attempt, in good faith, to renegotiate an

appropriate and beneficial new visitation/parenting time

schedule.

 

10. Current Address and Telephone Number

: Except as provided in

the court order, each parent shall keep the other informed

of his/her current address and telephone number at all

times.

 

Emergency Contact

: Both parents shall at all times,

regardless of whether the children are with him/her,

provide the other parent with a telephone number for

contact in the event of an emergency.

 

11. Car Seat

: For any and all children required by law to ride

in a car seat, the parents shall transfer the car seat with

the child as visitation/parenting time exchanges occur.

 

12. Clothing

: The parents shall cooperate in the exchange of

the children's clothing prior to and following

visitation/parenting time.

       

(Effective July 1, 1991; amended, effective 7/1/93; 7/1/99)

 

 

---

 

 

 

 

 

RULE 23. Case Management

 

All cases other than delinquent youth who are held

in the Detention Center and traffics shall

be assigned to the appropriate case track as set fo rth below. The timeframes are meant to be outside

limits and the parties or the Court may accelerate the schedule as necessary.

 

(A) Delinquency -Track II

Unruly -Track I

Adult Cases -Track I

U.I.F.S.A. -Track I

Abuse, Neglect, Dependency -Track I

Parentage -Track IV

Motion for Permanent Custody -Track III

Custody, Change of Custody, Visitation -Track III

  

Support Enforcement/Modification -Track I

All other cases -Track II

 

(B) Track I Schedule (3 months)

 

Event

Latest date of occurrence

 

(in weeks)

 

 

Case filed 0

Initial Hearing 6

Disclosure of Witnesses 8

Trial Confirmation Date 10

Discovery Cutoff 10

Final Pretrial Conference 10

Trial Completion 12

 

(C) Track II Schedule (6 months)

 

 

Event

Latest date of occurrence

 

(in weeks)

 

 

Case filed 0

Initial Hearing 6

Disclosure of Witnesses 12

Trial Confirmation Date 16

Discovery Cutoff 16

Final Pretrial Conference 16

Trial Completion 24

 

 

 

(D) Track III Schedule (9 months)

 

---

 

 

 

 

 

 

Event

Latest date of occurrence

 

(in weeks)

 

 

Case filed 0

Initial Hearing 8

Disclosure of Witnesses 12

Trial Confirmation Date 24

Discovery Cutoff 24

Final Pretrial Conference 24

Trial Completion 36

 

(E) Track IV Schedule (18 months)

 

 

Event

Latest date of occurrence

 

(in weeks)

 

 

Case filed 0

Initial Hearing 12

Disclosure of Witnesses 40

Trial Confirmation Date 25

Discovery Cutoff 40

Final Pretrial Conference 25

Trial Completion 72

 

The first hearing date given by the Assignment Off

ice shall be considered the Case

Management Conference. Attorneys for parties and a

ny pro se parties served shall be given notice

of the Case Management Conference. All shall appea

r with full authority to settle. Continuances

shall be made by written motion and only be granted

upon a showing of good cause. Disclosure of

Witnesses and Discovery Cutoff events shall not require a Case Management Conference.

 

Amended Effective 1/1/00

 

 

---

 

 

 

 

 

RULE 24. WORK RELEASE PROGRAM

  

 

The Franklin County Juvenile Court will participat

e in the

Franklin County Work Release Program as administered and operated

by the Franklin County Court of Common Pleas, General Division.

 

The work release program is established to afford

the Court a

community based and community oriented rehabilitative alternative

to incarceration for those convicted criminal offen ders who pose

no substantial threat to the community but who need

minimum

custody in order for treatment efforts to be effective.

 

The work release program is a residential communit

y center

for rehabilitation for those offenders who have bee n granted the

privilege of work release. The program center oper

ates in a

similar fashion as a traditional jail, but rather t

han housing

offenders in jail itself, the offenders are housed in a community

setting.

 

The Court, with the consent of the offender, may s

entence

individuals to the work release program as a condit

ion of

intensive or standard probation.

 

All staff of the work release program are appointe

d employees

of the Franklin County Court of Common Pleas, Gener

al Division.

The Juvenile Court will comply with all regulations

prepared,

utilized, and deemed necessary for the operation of the program by

the program director, and approved by the Judges of the Franklin

County Court of Common Pleas, General Division.

 

The program director may order, with the consent o

f the Trial

Judge, Administrative Judge of the Juvenile Court,

or the

Administrative Judge of the General Division of the

Franklin

County Court of Common Pleas, removal of any reside

nt from the

program for infractions of the work release rules and regulations.

 

Before admittance to the work release program, the

offender

shall agree to and sign a Participation Agreement. The Agreement

shall detail the rules, regulations and procedures

by which the

offender must abide while in the program. Any resi

dent who is

removed from the program shall be returned to jail, or authorized

correction agency, to serve the balance of their sentence.

 

Any resident participating in the work release pro

gram is

required to pay a per diem as determined by the Court, under R.C.

Section 5147.29, for reimbursement to the county fo r the cost of

boarding and the direct cost of administering such program.

 

All funds received by the program from the offende

r are to be

handled in accordance with R.C. Section 5147.29 and

generally

accepted accounting principles.

 

 

 

 

---

 

 

 

 

 

RULE 25. DUTY JUDGE

   

 

The administrative judge shall appoint one judge e

ach week who shall be known as a "Duty

Judge."

 

In addition to his or her regular docket, the "Dut

y Judge" shall be responsible for consents to

marry and other unclassified business of the Court,

and to act for any other Judge who is not

available.

 

Amended Effective 1/1/00

 

 

 

---

 

 

 

 

 

RULE 26 JURIES, JURORS

  

 

The Franklin County Domestic Relations Court, Juv

enile

Branch will participate in the jury system establis

hed,

administered and operated by the Franklin County Co urt of Common

Pleas, General Division.

 

26(A)

Opportunity for Service

 

1.

The opportunity for jury service in Franklin Count y shall not

be denied or limited on the

basis of race, national origin, gender, age, religi

ous

belief, income, occupation, disability or any other

factor

that discriminates against a cognizable group in th

e

jurisdiction of the Court.

 

2.

Jury service is an obligation of all qualified cit

izens of

Franklin County, Ohio.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 2313.47 Race or color shall not disqualify a

juror.

 

 

 

 

 

 

 

---

 

 

 

 

 

26(B)

Jury Source List

 

1.

Pursuant to Court Order, the jury source list shal

l be obtained from the Board of

Elections' list of registered voters.

 

2.

The jury source list shall be representative and s

hould be as inclusive of the adult

population in Franklin County as is feasible.

 

3.

The court shall on a regular basis review the jury

source list for its representativeness and

inclusiveness of the adult population in Franklin

County as is feasible.

 

4.

Should the court determine that improvement is nee

ded in the representativeness or

inclusiveness of the jury source list, appropriate

corrective action shall be taken.

  

5.

"Ballots" or automated data processing electronic/

magnetic storage devices remaining after

the creation of the annual juror tape, on the jury

draw automated data processing

electronic/magnetic storage device, shall be dispo

sed of by the erasure and/or reuse of this

device for any other data processing use, pursuant

to section 2313.35 O.R.C.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 1901.25 Selection and impaneling of a jury.

O.R.C. 1907.28 Authorizes county courts to adopt lo

cal rules regarding jury selection and impaneling.

O.R.C. 2311.42 Authorizes the drawing of a jury fro

m an adjoining county if a party to the case is the board of county commissioners.

O.R.C. 2313.06 Provisions relative to the summoning

of jurors using lists of voters and licensed drivers.

O.R.C. 2313.07 Construction of a jury wheel and the

use of data processing equipment in drawing jurors.

O.R.C. 2313.08 Contains provisions relative to the

annual jury list.

O.R.C. 2313.09 Supplemental jury lists.

O.R.C. 2313.15 Report of names of jurors excused.

O.R.C. 2313.20 Notice of drawing.

O.R.C. 2313.21 Conduct of drawing.

O.R.C. 2313.26 Order for additional number of juror

s.

 

 

 

 

 

 

 

 

 

---

 

 

 

 

 

 

26(C)

Random Selection Procedures

 

1.

Random selection procedures are to be used in sele

cting persons to be summoned for jury

service, assigning prospective jurors to panels and calling prospective jurors for voir dire.

Departures from the principle of random selection

are appropriate only to comply with

lawful exceptions.

 

2.

The prospective juror list shall be created throug

h the use of automated data processing

electronic/ magnetic storage devices pursuant to 2

313.07(C), 2313.08(C) and 2313.21(C)

of the Ohio Revised Code and such automated inform

ation retrieval systems shall not be

activated except by order of the Franklin County C

ommon Pleas Court, General

Division.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

Ohio Statutes

 

O.R.C. 1901.25 Selection and impaneling of a jury.

O.R.C. 1907.28 Authorizes county courts to adopt lo

cal rules regarding jury selection and impaneling.

O.R.C. 2101.30 Drawing of jury in probate cases.

O.R.C. 2313.07 Construction of a jury wheel and the

use of data processing equipment in drawing jurors.

O.R.C. 2313.08 Contains provisions relative to the

annual jury list.

O.R.C. 2313.09 Supplemental jury lists.

O.R.C. 2313.15 Report of names of jurors excused.

O.R.C. 2313.21 Conduct of drawing.

 

 

 

 

 

 

 

 

 

 

---

 

 

 

 

 

 

26(D)

Eligibility for Jury Service

 

1.

All persons shall be eligible for jury service exc

ept those who:

 

.

are less than eighteen years of age;

 

.

are not citizens of the United States;

 

.

are not residents of the jurisdiction in which the

y have been summoned to serve;

to wit, Franklin County;

 

.

are not able to communicate in the English languag

e; or

 

.

have been convicted of a felony and have not had t

heir civil rights restored.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 1901.25 Selection and impaneling of a jury.

O.R.C. 1907.28 Authorizes county courts to adopt lo

cal rules regarding jury selection and impaneling.

O.R.C. 2961.01 Precludes convicted felons from serv

ing as jurors.

 

 

 

 

 

 

 

 

 

---

 

 

 

 

 

 

26(E)

Term of and Availability for Jury Service

  

 

1.

Unless otherwise provided by law or order of the C

ourt, jurors shall be called to serve a

tour of two weeks. The tours of the jurors shall

be staggered so that a new panel of jurors

is called each week to serve the respective tours.

Once they are assigned to a case, jurors will be

oriented by the Judge assigned to the case. Jurors

may be excused or deferred pursuant to R.C.

Sections 2313.16 by a representative of the Franklin County Court of Common Pleas, General

Division. That representative shall be the Deputy

Jury Commissioner(s) who shall pass on all

requests by jurors to be excused or deferred from j ury duty.

 

2.

"Ballots" or automated data processing electronic/

magnetic storage devices containing the

names of jurors who serve as jurors shall be dispos

ed of by erasing those names and reusing

the tag device immediately after the service by the

juror has terminated unless otherwise

ordered by the Franklin County Court of Common Plea

s, General Division, pursuant to

section 2313.30 O.R.C.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

---

 

 

 

 

 

 

26(F)

Exemption, Excuse and Deferral

 

1.

All automatic excuses or exemptions, with the exce

ption of statutory exemptions, from

jury service should be eliminated.

 

2.

Prospective jurors are excused for the following r

easons:

 

.

Over age 70 and request to be excused;

 

.

Financial hardship;

 

.

Personal or family illness;

 

.

Childcare hardship;

 

.

Physician;

 

.

Firefighter;

 

.

Lawyer.

 

Prospective jurors are rescheduled for the followi

ng reasons:

 

.

Vacation;

 

.

Employment hardship;

 

.

Student.

 

3.

Deferrals for jury service for reasonably short pe

riods of time may be permitted by a

judge or specifically authorized court official.

 

4.

Requests for excuses and deferrals and their dispo

sition shall be written or otherwise made

or recorded. See Exhibit A.

 

Ohio Statutes

 

O.R.C. 737.26 Exempts firemen from jury duty.

O.R.C. 1901.25 Selection and impaneling of a jury.

O.R.C. 1907.28 Authorizes county courts to adopt lo

cal rules regarding jury selection and impaneling.

O.R.C. 2313.12 Jury exemptions; proof of ememptions

.

O.R.C. 2313.13 Postponement of jury service; tempor

ary excuse or discharge.

O.R.C. 2313.14 Failure to attend after postponed se

rvice.

O.R.C. 2313.15 Report of names of jurors excused.

O.R.C. 2313.16 Reasons for which jurors may be excu

sed.

O.R.C. 2313.27 Evasion of jury service.

O.R.C. 2313.36 Exemptions from jury service in cour

t of record.

O.R.C. 5919.20 Exempts certain officers and personn

el of the Ohio National Guard from jury service.

O.R.C. 5920.10 Exempts members of the Ohio Military

Reserve from jury duty.

O.R.C. 5921.09 Exempts members of the Ohio Naval Mi

litia from jury service.

 

 

---

 

 

 

 

 

 

26(G)

Voir Dire

 

1.

Voir dire examination shall be limited to matters

relevant to determining whether to remove

a juror for cause and to determine the juror's fair ness and impartiality.

 

2.

To reduce the time required for voir dire, basic b

ackground information regarding panel

members should be made available to counsel in wri

ting for each party on the day on

which jury selection is to begin. See Exhibit B.

 

3.

The trial judge may conduct a preliminary voir dir

e examination. Counsel shall then be

permitted to question panel members for a reasonab

le period of time. Questions are to

be asked collectively of the entire panel whenever

possible.

 

4.

The judge should ensure that the privacy of prospe

ctive jurors is reasonably protected, and

the questioning is consistent with the purpose of

the voir dire process.

 

5.

If requested by either party, the voir dire proces

s shall be on the record.

 

6.

All prospective jurors shall complete the "Juror Q

uestionnaire" approved by the Court.

If a trial judge approves a supplemental questionn

aire, jurors shall complete the

supplemental questionnaire.

 

7.

Subject to the availability of jurors, the Deputy

Jury Commissioner shall, at all times,

have a panel of jurors available for call to a cou

rtroom. Such panel shall be randomly

drawn and shall consist of twenty-four jurors.

 

8.

When a bailiff requests that a panel of jurors rep

ort to a courtroom, the Deputy Jury

Commissioner shall provide for the bailiff the pre

pared panel of jurors, along with three

copies of the Questionnaire.

 

9.

If a lesser or greater number of jurors is needed

for the case that is called, the bailiff shall

advise the Deputy Jury Commissioner of the number

of jurors needed. If available, the

jurors, along with copies of their Questionnaires,

shall be made available to the bailiff.

 

10.

The Questionnaire shall be used by the parties for

purposes of voir dire only. No copies

of the Questionnaire shall be made by the parties.

Upon completion of the voir dire, the

copies of the Questionnaire shall be returned to t

he bailiff who shall return them to the

Deputy Jury Commissioner when the juror has comple

ted his or her service in the

courtroom. The Questionnaire is not to be marked

on.

 

Ohio Statutes

 

O.R.C. 1901.25 Selection and impaneling of a jury.

O.R.C. 1907.28 Authorizes county courts to adopt lo

cal rules regarding jury selection and impaneling.

 

Court Rules

 

Civ. R. 47 Jurors.

Crim. R. 24 Trial jurors.

 

 

---

 

 

 

 

 

 

26(H)

Removal from the Jury Panel for Cause

 

1.

If the judge determines during the voir dire proce

ss that any individual is unable or

unwilling to hear the particular case at issue fai

rly and impartially, that individual shall

be removed from the panel. Such a determination m

ay be made on motion of counsel or

by the judge.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 1901.25 Selection and impaneling of a jury.

O.R.C. 1907.28 Authorizes county courts to adopt lo

cal rules regarding jury selection and impaneling.

O.R.C. 2313.42 Challenge for cause of persons calle

d as jurors.

O.R.C. 2313.43 Challenge of petit jurors.

O.R.C. 2945.25 Causes for challenging jurors.

O.R.C. 2945.26 Challenge of juror for cause.

 

Court Rules

 

Civ. R. 47 Jurors.

Crim. R. 24 Trial jurors.

 

 

 

 

 

 

 

---

 

 

 

 

 

 

 

26(I)

Peremptory Challenges

 

1.

Procedures for exercising peremptory challenges sh

all be in accordance with Ohio Civil

and Criminal Rules adopted by the Supreme Court of

Ohio and applicable statutory

authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statues

 

O.R.C. 1901.25 Selection and impaneling of a jury.

O.R.C. 1907.28 Authorizes county courts to adopt lo

cal rules regarding jury selection and impaneling.

O.R.C. 2338.06 Number of jurors and challenges.

O.R.C. 2945.21 Peremptory challenges.

O.R.C. 2945.23 Use of peremptory challenges.

 

Court Rules

 

Civ. R. 47 Jurors.

Crim. R. 24 Trial jurors.

 

 

 

 

 

---

 

 

 

 

 

 

 

26(J)

Administration of the Jury System

 

1.

The responsibility for administration of the jury

system shall be vested exclusively in the

Franklin County Common Pleas Court, General Divisi

on.

 

2.

All procedures concerning jury selection and servi

ce should be governed by Ohio Rules

of Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 1901.14 Authorizes the adoption of local rul

es regarding the summoning of jurors.

O.R.C. 1907.28 Authorizes county courts to adopt lo

cal rules regarding jury selection and impaneling.

O.R.C. 2313.01 Authorizes the appointment of jury c

ommissioners.

O.R.C. 2313.02 Compensation and appointment of depu

ties and clerks in the office of jury commissioners.

O.R.C. 2313.03 Oath of office for jury commissioner

s.

O.R.C. 2313.04 Lists cases in which the deputy jury

commissioner may act.

 

 

 

 

 

 

---

 

 

 

 

 

 

 

26(K)

Notification and Summoning Procedures

 

The notice summoning a person to jury service shou

ld be:

 

1

. Phrased so as to be readily understood by an indi

vidual unfamiliar with the legal

and jury system.

 

2

. Delivered by ordinary mail.

 

3

. The summons should clearly explain how and when t

he recipient must respond and

the consequences of a failure to respond.

 

4

. Jurors who fail to report for service may be sche

duled for a contempt hearing to

inform the judge as to why they did not appear.

Sanctions are imposed as

warranted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 1905.28 Gives the mayor of a municipal corpo

ration the authority to compel the attendance of jurors.

O.R.C. 1907.29 Cross-references to civil and crimin

al rules and authorizes the punishment by contempt for summoned jurors who refuse

to serve.

O.R.C. 2101.30 Drawing of a jury in probate cases.

O.R.C. 2313.10 Notice to jurors to appear and testi

fy before jury commissioners.

O.R.C. 2313.11 Failure of summoned juror to attend

or testify.

O.R.C. 2313.14 Failure to attend after postponed se

rvice.

O.R.C. 2313.25 Service and return of venire.

O.R.C. 2313.26 Order for additional number of juror

s.

O.R.C. 2313.29 Failure of juror to attend.

O.R.C. 2313.30 Arrest for failure to attend.

 

 

 

 

 

 

---

 

 

 

 

 

 

 

 

26(L)

Monitoring the Jury System

 

1.

The Court shall collect and analyze information re

garding the performance of the jury

system on a regular basis in order to evaluate:

 

.

The representativeness and inclusiveness of the ju

ry source list;

 

.

The effectiveness of qualification and summoning p

rocedures;

 

.

The responsiveness of individual citizens to jury

duty summonses;

 

.

The efficient use of jurors; and

 

.

The cost-effectiveness of the jury management syst

em.

  

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

---

 

 

 

 

 

 

 

26(M)

Juror Use

 

1.

The Court shall determine the minimally sufficient

number of jurors needed to

accommodate trial activity. This information and

appropriate management techniques

should be used to adjust both the number of indivi

duals summoned for jury duty and the

number assigned to jury panels.

 

2.

The Court should use the services of prospective j

urors so as to achieve optimum results

with a minimum of inconvenience to the juror.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 2313.19 Number of jurors drawn.

O.R.C. 2313.24 Number of jurors; exception for smal

ler counties.

 

 

 

 

 

 

 

  

---

 

 

 

 

 

 

 

 

26(N)

Jury Facilities

 

1.

The Court shall provide an adequate and suitable e

nvironment for jurors.

 

2.

The entrance and registration area shall be clearl

y identified and appropriately designed

to accommodate the daily flow of prospective juror

s to the courthouse.

 

3.

Jurors shall be accommodated in pleasant waiting f

acilities furnished with suitable

amenities.

 

4.

Jury deliberation rooms shall include space, furni

shings and facilities conductive to

reaching a fair verdict. The safety and security

of the deliberation rooms shall be ensured.

 

5.

To the extent feasible, juror facilities should be

arranged to minimize contact between

jurors, parties, counsel and the public.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

Ohio Statutes

 

O.R.C. 1907.29 Cross-references to civil and crimin

al rules and authorizes the punishment by contempt for summoned jurors who refuse

to serve.

O.R.C. 2313.05 Office and supplies for the jury com

missioner.

O.R.C. 2315.03 Deliberations of jury.

O.R.C. 2945.33 Keeping and conduct of the jury afte

r case is submitted to the jury.

 

 

 

 

 

 

 

 

---

 

 

 

 

 

 

 

 

26(O)

Juror Compensation

 

1.

Persons called for jury service should receive a r

easonable fee for their service pursuant

to statutory authority.

 

2.

Such fees shall be paid weekly by the Clerk of Cou

rts.

 

3.

Employers SHALL be prohibited from discharging, la

ying-off, denying advancement

opportunities to, or otherwise penalizing employee

s who miss work because of jury service.

  

  

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 1901.25 Selection and impaneling of a jury.

O.R.C. 1907.28 Authorizes county courts to adopt lo

cal rules regarding jury selection and impaneling.

O.R.C. 2101.16 Cross-references to other sections r

egarding jury fees.

O.R.C. 2313.34 Discharge of juror, compensation.

 

 

 

 

 

 

 

---

 

 

 

 

 

 

 

 

26(P)

Juror Orientation and Instruction

 

1.

The Franklin County Court of Common Pleas, General

Division, may develop an

orientation or instruction program for persons cal

led for jury service.

 

2.

The trial judge should:

 

Give preliminary instructions to all prospective

jurors;

 

Give instructions directly following empanelment

of the jury to explain the jury's

role, the trial procedures including note taking a

nd questioning by jurors, the

nature of evidence and its evaluation, the issues

to be addressed and the basic

relevant legal principles;

 

Prior to the commencement of deliberation, instru

ct the jury on the law, on the

appropriate procedures to be followed during delib

erations and on the appropriate

method for reporting the results of its deliberati

ons. Such instructions may be

made available to the jurors during deliberations;

  

 

Prepare and deliver instructions which are readil

y understood by individuals

unfamiliar with the legal system; and

 

Provide written instructions when possible.

 

Before dismissing a jury at the conclusion of a c

ase, the trial judge should:

 

Release the jurors from their duty of confidenti

ality;

 

Explain their rights regarding inquiries from co

unsel or the press;

 

Either advise them that they are discharged from

service or specify where

they must report; and

 

Express appreciation to the jurors for their ser

vice, but not express approval

or disapproval of the result of the deliberation.

  

 

3.

All communications between the judge and members o

f the jury panel from the time of

reporting to the courtroom for voir dire until dis

missal shall be in writing or on the record

in open court. Counsel for each party shall be in

formed of such communication and given

the opportunity to be heard.

 

Ohio Statutes

 

O.R.C. 2945.10 Order of trial proceedings, includin

g the charge to the jury.

O.R.C. 2945.11 Charge to the jury on questions of l

aw and fact.

O.R.C. 2945.34 Admonition to be administered to ju

rors if they are separate during trial.

Court Rules

 

---

 

 

 

 

 

Civ. R. 51 Instructions to the jury; objections.

Crim. R. 30 Instructions to the jury.

 

 

26(Q)

Jury Size and Unanimity of Verdict

 

1.

Jury size and unanimity in civil and criminal case

s shall conform with existing Ohio law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 1901.24 Cross-references to civil and crimin

al rules related to juries.

O.R.C. 1907.29 Cross-references to civil and crimin

al rules and authorizes the punishment by contempt for summoned jurors who refuse

to serve.

O.R.C. 2938.06 Number of jurors and challenges.

 

Court Rules

 

Civ. R. 38 Jury trial of right

Civ. R. 48 Juries, majority verdict, stipulation o

f number of jurors.

Civ. R. Form 18 Judgment on jury verdicts.

Crim. R. 23 Trial by jury or by the court.

 

---

 

 

 

 

 

 

 

 

 

26(R)

Jury Deliberations

 

1.

Jury deliberations should take place under conditi

ons and pursuant to procedures that are

designated to ensure impartiality and to enhance r

ational decision-making and shall

conform with existing Ohio law.

 

2.

The judge should instruct the jury concerning appr

opriate procedures to be followed

during deliberations.

 

3.

A jury should not be required to deliberate after

a reasonable hour unless the trial judge

determines that evening or weekend deliberations w

ould not impose an undue hardship

upon the jurors and are required in the interest o

f justice.

 

4.

Training should be provided to personnel who escor

t and assist jurors during deliberation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 2315.03 Deliberation of jury.

O.R.C. 2315.04 Duty of officer in charge of jury.

O.R.C. 2945.32 Contains the oath to be administered

to an officer if the jury is sequestered.

O.R.C. 2945.33 Keeping and conduct of the jury afte

r case is submitted to the jury.

 

Court Rules

 

Civ. R. Form 18 Judgment on jury verdicts.

Crim. R. 30 Instructions to the jury.

 

 

 

 

 

 

---

 

 

 

 

 

 

 

 

 

26(S)

Sequestration of Jurors

 

1.

A jury should be sequestered only for good cause,

including but not limited to insulating

its members from improper information or influence

s.

 

2.

The trial judge shall have the discretion to seque

ster a jury on the motion of counsel or

on the judge's initiative and shall have the respo

nsibility to oversee the conditions of

sequestration.

 

3.

Standard procedures should be promulgated to:

 

Achieve the purpose of sequestration; and

Minimize the inconvenience and discomfort of the

sequestered jurors.

 

4.

Training shall be provided to personnel who escort

and assist jurors during sequestration.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ohio Statutes

 

O.R.C. 2315.04 Duty of officer in charge of jury.

O.R.C. 2945.31 Allows, but does not require, seques

tering of jurors after a trial has commenced.

 

Court Rules

 

Crim. R. 24 Trial jurors.

 

 

 

 

---

 

 

 

 

 

RULE 27. Guardian Ad Litem

 

The Court of Common Pleas, Domestic Relations Div

ision, Juvenile Branch may appoint

Guardians Ad Litem to represent the best interest o

f the minor children/incompetents in matters

regarding the allocation of parental rights and res

ponsibilities, not arising out of abuse, neglect or

  

dependency filings, wherein said Branch has jurisdi

ction. These appointments shall be made in

accordance with the Domestic Relations Division Rul e 15, which is set out below and incorporated

within this rule.

 

In order to superintend the best interest of minor

children/incompetents in any action over

which this Court has jurisdiction, the Court may ap

point a Guardian ad Litem upon its own motion

or the motion of either party. Said appointment sh

all be made by the required entry attached hereto

and incorporated herein.

 

Counsel for the party requesting the Guardian ad L

item shall be required to notify the

assignment commissioner of said appointment. The A

ssignment Commissioner and all counsel

shall notify the Guardian ad Litem of all proceedin gs. It shall be the responsibility of counsel in t

he

case to copy the Guardian ad Litem with all pleadin

gs, notices of hearings and depositions, entries

and any other necessary documents. Any additional expense incurred by the Guardian as a result of

counsel's failure to notify, including the costs of

transcripts shall be charged to the party(ies)

responsible for such failure.

 

The Court, through its Domestic Administrative Mag

istrate, shall maintain a list of eligible

attorneys from which Guardian ad Litem shall be app

ointed. The Court may also appoint a

Guardian ad Litem from the Franklin County CASA Program.

 

In order to be eligible, attorneys shall attend a

three-hour training program concentrating

solely on the duties of a Guardian ad Litem. Atten

ding an Ohio approved Continuing Legal

Education course on the subject of Guardians ad Lit

em or viewing a video of such shall

automatically qualify for eligibility. Other equiv

alent training may be approved by the Domestic

Administrative Magistrate. Upon completion, a lett

er verifying completion and requesting

placement on the list shall be sent to the Domestic

Administrative Magistrate. In sending this letter

requesting placement on the Guardian ad Litem appoi

ntment list, the attorney is indicating a

commitment to the acceptance of an appointment on a

pro bono basis at least once a year.

Implementation of the above training requirement sh

all be effective after the first offering of a

Guardian ad Litem training.

 

If any party has filed an affidavit of indigency,

the court may, in its discretion, not require

that party to pay an initial deposit.

 

The Guardian ad Litem shall represent the best int

erest of the minor child(ren) until

discharged by the court. At the conclusion of the

litigation, the Attorney/Guardian ad Litem shall

prepare an entry withdrawing as the Guardian ad Litem and dismissing the child(ren) as parties.

 

The Guardian ad Litem has a duty to notify the Cou

rt and counsel if the child's wishes are in

opposition to the Guardian's recommendation.

 

When an Attorney/Guardian ad Litem requires fee ar

rangements inconsistent with those set

---

 

 

 

 

 

forth in the required entry, he/she shall so notify the Court prior to accepting an appointment.

 

No later than seven (7) days after final hearing i

n the matter on which the Guardian ad

Litem has been appointed, the Attorney/Guardian ad

Litem shall submit an affidavit of fees to the

Court. If approved by the Court, said fees shall b

e made a part of the final entry. Nothing herein

shall delay the filing of said entries, and they sh

all be filed in accordance with the Rules of the

Supreme Court as to Civil Procedure and Superintendence.

 

In order to protect the fee for the services of th

e Attorney/Guardian ad Litem, the Court may

require additional deposits, and shall have the dis

cretion to issue a lump sum Judgment against the

party or parties for the attorney fees due and owin g at the time of the final adjudication.

 

 

DUTIES OF THE GUARDIAN AD LITEM

 

 

Upon appointment, the Attorney/Guardian ad Litem i

n every case shall perform certain

basic duties, identified below. The feasibility of

some of the duties will depend upon the age(s) of

the children and the specific circumstances of each case. Therefore, it is within the discretion of t

he

Guardian ad Litem to tailor each to the facts of th e individual case.

 

a. Interview the children and observe each

parent with the child(ren);

 

b. Review pleadings and consult with each attorney

as to position and

issues;

 

c. Investigate all significant persons and intervi

ew independently;

 

d. Obtain records e.g., school, criminal, medical,

psychological, child

protective agency;

 

e. Perform home visits (this may be combined with

the interview

process);

 

f. Evaluate the necessity, if any, of psychologica

l evaluations or

counseling; and file a motion requesting the same;

 

g. Communicate with the Protective Services worker

;

 

h. Attend all depositions concerning the best inte

rest of the

child(ren)/incompetent.

 

 

 

 

POWERS

 

The powers of the Attorney/Guardian ad Litem shall

be wide-ranging, including but not

limited to, the right to file motions and to review all confidential records involving the child(ren) by

---

 

 

 

 

 

request, through deposition, and by subpoena.

 

REPORTS AND COURT APPEARANCES

 

 

The Guardian ad Litem may prepare and file written

reports detailing observations and

recommendations on both an interim basis and at the conclusion of hearing, but in all cases shall be

present at all hearings pertaining to the children.

The Attorney/Guardian ad Litem may subpoena

and examine independent witnesses.

 

 

FEES AND COSTS

 

 

All filing fees and court costs are waived as to G

uardians ad Litem.

 

---

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, O

HIO

 

DIVISION OF DOMESTIC RELATIONS AND JUVENILE BRANCH

  

 

 

PLAINTIFF/PETITIONER CASE NO.

 

v.

JUDGE

 

MAGISTRATE

    

DEFENDANT/PETITIONER

 

ENTRY / MAGISTRATE'S ORDER APPOINTING GUARDIAN AD

LITEM

 

 

Pursuant to Rule 15 of the Franklin County Rules o

f the Court of Common Pleas, Domestic

Relations Division / Rule 27 of the Juvenile Branch

, it appearing to the Court that the best interest

of

minor(s) and/or incompetent(s) would be served and

protected by making (him, her, them) party(ies) def

endant in this action and by appointing a

Guardian ad Litem to act in (his, her, their) best interest.

 

It is therefore ORDERED and ADJUDGED that

be designated

party(ies) defendant and that

be appointed Guardian ad Litem.

 

It is further ORDERED and ADJUDGED that:

( ) Plaintiff shall deposit the sum of

and/or Defendant shall deposit the

sum of

into the trust account of the Guardian ad Litem no

later than

. Said total deposit shall be at least $800.00 unl

ess agreed

upon otherwise by the Guardian ad Litem.

 

Additional sums may be ordered and apportioned to

the respective parties

upon the Court's own Motion or Motion of the Guardi

an ad Litem, who may submit

to the Court a request for an additional deposit, o

r a monthly affidavit of fees for

approval and an order regarding payment of said dep

osit/fees. Said request shall be

served on the parties, or their counsel if they are

represented, and if there is no

objection, an order regarding payments of said depo

sit/fees may be issued after

seven days.

 

The Court retains jurisdiction to reallocate the

above costs along with all

costs of the proceedings, at the conclusion of the case.

 

( ) The Guardian ad Litem position is filled by an

attorney on the Court list on a pro

bono basis, both parties being indigent, and having filed proper affidavits.

 

Should either party no longer qualify for indigen

cy status during the

pendency of the matter, fees may be requested by th

e Guardian ad Litem and

assessed at the discretion of the Court.

---

 

 

 

 

 

It is further ORDERED and ADJUDGED that:

 

1. Upon presentation of a copy of this order to any

agency, hospital, organization,

school, person, or office including but not limited

to the Clerk of Court, human

services agencies, public children services agencie s, private child placing agencies,

pediatricians, psychiatrists, other physicians, psy

chologists, counselors, or law

enforcement agencies, the Guardian ad Litem shall b e permitted to inspect and copy

any records relating to the child(ren) without the

consent of the child(ren) or parent;

to discuss all matters pertinent to treatment and f indings related to the child(ren).

 

2. The Guardian ad Litem assigned to this cause sha

ll maintain any information

received from any such source as confidential and w

ill not disclose the same except

to report to the Court or as the law permits.

 

3. The Guardian ad Litem shall be given notice of a

nd shall appear at all hearings or

proceedings scheduled in this cause and assure prop

er representation of the

child(ren)'s best interest at said hearing.

 

4. The Guardian ad Litem fees are in the nature of

child support for the purposes of

dischargeability in bankruptcy.

  

5. The next hearing date is scheduled/continued to

.

 

 

  

JUDGE / MAGISTRATE

 

cc:

 

Counsel for Plaintiff/attorney code C

ounsel for Defendant/attorney code

 

     

Judge's assignment commissioner

Guardian ad Litem/attorney code

 

    

Effective July 1, 1995

---

 

 

 

 

 

RULE 28. Entries

  

 

Unless subject to the Uniform Judgment Entry form

promulgated by the Ohio Supreme

Court, or unless the Trial Judge otherwise directs,

counsel for the party in whose favor an order,

decree, or judgment is rendered, shall within five

(5) days thereafter prepare the proper journal

entry, and submit it to the counsel for the adverse party, who shall approve or reject the same within

three (3) days after the receipt thereof. Name of

the counsel, counsel's Ohio Supreme Court

registration number, and the Trial Judge shall be t yped or printed upon the entry. When the entry is

approved by counsel, it shall be so endorsed and pr

esented to the Judge who made the decision for

approval and if signed by him or her shall then be

filed with the Clerk. If counsel are unable to

agree upon the entry, each counsel shall prepare hi

s/her version. Counsel who prepared the initial

entry shall forthwith notify the other counsel of w

hen (s)he intends to submit the entry to the Trial

Judge, which entry shall be submitted within fourte en (14) days after the decision is rendered. The

Trial Judge shall direct which entry shall be filed.

 

Due to technological changes in the Court's comput

erized docket management system, all

entries shall state the reason for the entry, or re

late the entry to the motion decided and the date o

f

the decision. For example:

 

ENTRY SUSTAINING DEFENDANT SMITH'S

MOTION TO DISMISS FILED JUNE 1, 1994

 

 

Effective 7/1/95; Amended effective 1/1/00

 

---

 

 

 

 

 

RULE 29. Forms

 

The court shall from time to time promulgate stand

ard forms for use in juvenile court

actions. When parties are required by local court

rule to use forms authorized by the court, they

may submit a form which is identical in content, bu

t not appearance, to the form promulgated by

the court, and shall include therein a certificate verifying the content of such form.

 

 

Effective 7/1/95

 

 

 

 

 

 

 

 

RULE 30. REPEALED

 

 

Effective January 1, 2000

 

Back to top

---