The Judges of the Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch, will consider the following amendments to their Local Rules at their meeting on October 25, 2004. Comments may be submitted through October 19, 2004, to Don Martin, Assistant Court Director, 373 South High Street, Third Floor, Columbus, Ohio 43215, or by e-mail at Don_Martin@Fccourts.org.

In all actions for Parentage, the party instituting the action shall deposit with the Clerk the sum of $75.00 as security for costs. There shall be no right to a jury trial in parentage actions filed on or after January 1, 1998.

In all actions for Custody and Habeas Corpus proceedings, the moving party shall deposit with the clerk the sum of $100.00 as security for costs.

Any person seeking to file pleadings without posting a deposit or security for costs, shall complete a financial disclosure / affidavit of indigency. 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 shall be assessed at the rate of $57.00 for moving violations, and $40.00 for non-moving violations. 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 costs mandated by O.R.C.2743.70 and O.R.C.2949.091. Costs in delinquency/unruly proceedings 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 authorized to charge and collect a fee of three dollars ($3.00) upon the filing of each cause or appeal 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 account 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, additional funds are required to computerize the office of the Clerk of Court of Common Pleas.

The Clerk of this Court is directed and hereby authorized to charge an additional fee of ten dollars ($10.00) upon the filing of each cause of action, 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 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 disbursed, upon an order of the Court of Common Pleas and subject to appropriation by the Board of County Commissioners, in an amount no greater than 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; 11/1/04)

All expungements shall be made in accordance with Section 2151.358 of the Ohio Revised Code. Any person seeking sealing or expungement of a juvenile matters record, as provided in section 2151.358 of the Ohio Revised Code, shall make a written request through the Court's Intake Department. The Intake Department shall provide said person with the appropriate written form. After notice to the Prosecutor's Office, the Court shall conduct a hearing to determine whether the person’s record should be sealed or expungementd. should be granted. Upon journalization of an the order to seal or expungement the person’s record, the Intake Department shall notify all appropriate court departments and law enforcement agencies.

(A) After service of summons in an action for requesting custody, or parenting time, or other child-related matters, 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 visitation, the court may order the parties to participate in mediation assessment screening. Parties may also participate in mediation prior to or after the filing of a contempt motion for denying visitation denial of parenting time. The court may waive participation in mediation assessment if the parties have previously entered mediation. Mediation Assessment and Referral Services (MARS) will also accept direct referrals from counsel and provide voluntary mediation screenings to parties wishing to mediate without litigation pending.

If Mediation Assessment and Referral Services determines that the case qualifies for mediation, is appropriate for the parties and the parties agree to or are ordered to mediate, then the Court may permit and encourage both parties shall to participate in mediation with a court approved mediator. for a period of time not to exceed ninety (90) days. If the parties agree to mediate, the court will stay the proceedings, and mMediation sessions may be reconvened from time to time until all issues are resolved in a manner mutually acceptable to the parties or until the mediator determines continued efforts would not be productive. Unless ordered to participate in mediation, the parties may agree to terminate mediation. The Court may order parties to participate in or return to mediation at any time. At the request of the parties or counsel, or upon the court’s own motion, the court may stay the proceedings for mediation for a period of time not to exceed ninety (90) days.

Parties are generally referred to mediation to mediate issues related to custody, parenting time and other child-related matters. However, The parties may agree to mediate issues other than, or in addition to, custody, parenting time and other child-related matters, provided that the parties obtain with the approval of their respective counsel or pursuant to court order. prior to entering into a final agreement. The parties shall equally divide the costs of mediation shall be the initial subject of the mediation, and shall be paid by the parties pursuant to their fee agreement with the mediator unless the parties agree upon or the court orders a different division of the fee. Mediation is available at a reduced cost to low income parties or no cost to indigent parties.

Upon the conclusion of the mediation, Tthe mediator shall notify the Court Mediation Services upon the conclusion of mediation if the parties have reached an agreement on all or some issues. Any aAgreements reached during in mediation shall not be binding upon the parties until reviewed and approved by their counsel and the Court. Statements made during mediation are confidential and shall be considered compromise negotiations and not admissible as evidence pursuant to Evidence Rule 408. Mediators will are not be permitted to testify regarding the substance of the mediation negotiations, including but not limited to, cooperation or non-cooperation of by the parties.

MARS shall conduct an exit interview with the parties in person, in writing, or by telephone, and shall request the court to release the mediation stay.

(BD) Delinquent and unruly cases may be referred for participation in the Juvenile Victim Offender Mediation Program.

(CE) If mediation is ordered in abuse/neglect/dependency 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 conference 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.

To be accredited by the Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch, a court approved mediator for custody, parenting time, and other child related issues, a mediator should possess the following qualifications:

*The undergraduate degree requirement may be waived by the court upon consideration of well-documented equivalent educational experience.

4) Eligibility for membership in professional association.

76) A commitment to continuing education.

87) Awareness of the factors affecting the propriety of mediation in particular cases.

(Amended effective 7/1/95; 1/1/00; 11/1/04)

Magistrates shall conduct arraignments in adult criminal proceedings under Criminal Rules 10 and 19, and shall conduct hearings in complaints initiated in the Juvenile Branch for custody, delinquency, unruliness, parentage, juvenile traffic offenses, and for abuse, neglect and dependency.

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

(B) Contempt citations, unless assigned before a Judge.

(Amended effective 7/1/90; 7/1/95; 1/1/00; 11/1/04)

Upon the original filing of a case by motion, the case shall be assigned by lot to a specific Judge and Magistrate of this Court. A case that is reactivated by motion shall be assigned to the original Judge and Magistrate unless the Administrative Judge determines that cases must be reassigned to balance caseloads between judges / magistrates, or if the original action was filed prior to January 1, 1991, then it the case shall be assigned in the same manner as an original filing. In the event the same parties each file separate cases, the first case filed shall be assigned by lot to a specific judge. The second case filed shall be assigned to the same judge.

In any instance where a previously filed and dismissed case is refiled, that case shall be reassigned to the Judge and Magistrate originally assigned by lot to hear it; unless for good cause shown, that Judge or Magistrate is precluded from hearing the case. When a Judge or Magistrate leaves the Court his or her cases will be assigned to his or her successor. To allow for other responsibilities, assignments to the Administrative Judge shall be reduced by ten fifteen percent.

Once assigned a case, the assigned Judge becomes primarily responsible for the determination of every issue and proceeding in the case. All preliminary matters, including requests 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 or Duty Magistrate.

None of the above language shall be construed to limit the reference of cases to Magistrates pursuant to Juvenile Rule 40, Civil Rule 53 or Local Juvenile Rule 20. Notwithstanding those rules the following matters shall be docketed for and heard only by the assigned Judge, or another Judge willing to hear the matter, except with permission of the Administrative Judge of this Court or in his or her absence the Presiding Judge of the Common Pleas Court, a Judge may refer specific cases to a Magistrate if the case cannot be heard due to unavailability of docket time and must be heard that day:

a) Juvenile delinquency charges of cases involving:

(Effective January 1, 1991; Amended effective 7/1/93; 11/1/04)

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 forth below. The timeframes are meant to be outside limits and the parties or the Court may accelerate the schedule as necessary.

(A) Delinquency, except SYO -Track II

Serious Youthful Offender - Track I

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 IV

Support Enforcement/Modification -Track IV

All other cases -Track II

(B) Track I Schedule (3 months)

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

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

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 12 months)

Event Latest date of occurrence

Case filed 0

Initial Hearing 12

Disclosure of Witnesses 40

Trial Confirmation Date 25

Discovery Cutoff 40

Final Pretrial Conference 25

Trial Completion 72 52

The first hearing date given by the Assignment Office shall be considered the Case Management Conference. Attorneys for parties and any pro se parties served shall be given notice of the Case Management Conference. All shall appear 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; 11/1/04

The Franklin County Domestic Relations Court, Juvenile Branch will participate in the jury system established, administered and operated by the Franklin County Court of Common Pleas, General Division. Local Rule 27 of the Franklin County Court of Common Pleas, General Division, governing juries and jurors, is adopted and incorporated by reference herein.

Pursuant to R.C.3109.06, this court will accept certification from another court, other than a juvenile court, exercising jurisdiction regarding the allocation of parental rights and responsibilities for a minor child, or support of a minor child, when the child and the residential parent, or the child and either parent under a shared parenting plan, reside in Franklin County, and the allocation of parental rights and responsibilities is in controversy in the court currently exercising jurisdiction.

(A) Actions for divorce, annulment or legal separation

After service of summons in an action for divorce, annulment, or legal separation, or at any time after the filing of a post-decree motion to modify the allocation of parental rights and responsibilities, when it is determined that the parties have not reached an agreement regarding involving the allocation of parental rights and responsibilities, the court may order the parties to participate in mediation assessment screening. Parties may also participate in mediation prior to or after the filing of a contempt motion for denial of parenting time. Mediation Assessment and Referral Services (MARS) will also accept direct referrals from counsel and provide voluntary mediation screenings to parties wishing to mediate without litigation pending.

2. Post-decree motions to reallocate parental rights and responsibilities

If Mediation Assessment and Referral Services determines that the case qualifies for mediation, is appropriate for the parties and the parties agree to or are ordered to mediate, then the Court may permit and encourage both parties shall to participate in mediation with a court accredited approved mediator. for a period of time not to exceed ninety (90) days. Mediation sessions may be convened from time to time until all issues are resolved in a manner mutually acceptable to the parties or until the mediator determines continued efforts would not be productive. Unless ordered to participate in mediation, the parties may agree to terminate mediation. The Court may order parties to participate in or return to mediation at any time. At the request of the parties or counsel, or upon the court’s own motion, the court may stay the proceedings for mediation for a period of time not to exceed ninety (90) days.

Parties are generally referred to mediation to mediate issues related to the allocation of parental rights and responsibilities. However, The parties may agree to mediate issues other than, or in addition to, the allocation of parental rights and responsibilities, provided that the parties obtain with the approval of their respective counsel or pursuant to court order. prior to entering into a final agreement. The parties shall equally divide the costs of mediation shall be the initial subject of the mediation, and shall be paid by the parties pursuant to their fee agreement with the mediator unless the parties agree upon or the court orders a different division of the fee. Mediation is available at a reduced cost to low income parties or no cost to indigent parties.

Upon the conclusion of the mediation, Tthe mediator shall notify Mediation Assessment and Referral Services upon the conclusion of mediation if the parties have reached an agreement on all or some issues. Any aAgreements reached during in mediation shall not be binding upon the parties until reviewed and approved by their counsel and the Court. Statements made during mediation are confidential and shall be considered compromise negotiations and not admissible as evidence pursuant to Evidence Rule 408. Mediators will are not be permitted to testify regarding the substance of the mediation negotiations, including but not limited to, cooperation or non-cooperation of by the parties.

MARS shall conduct an exit interview with the parties in person, in writing, or by telephone, and shall request the court to release the mediation stay.

To be accredited by the Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch, a court approved mediator for divorce, annulment, legal separation, post-decree and other cases involving the allocation of parental rights and responsibilities, a mediator should possess the following qualifications:

*The undergraduate degree requirement may be waived by the court upon consideration of well-documented equivalent educational experience.

4) Eligibility for membership in a professional association.

76) A commitment to continuing education.

87) Awareness of the factors affecting the propriety of mediation in particular cases.

(Effective 9/1/89; Amended eff. 7/1/95; 7/1/99; 11/1/04)

Magistrates may issue orders as provided by Ohio Civil Rule 53. Parties may appeal a magistrate's order by filing a motion to set aside the order, which shall be heard by a Judge. Parties shall not file a motion to set aside temporary orders issued pursuant to Ohio Civil Rule 75(M) (N) prior to the Magistrate conducting an oral hearing pursuant to Ohio Civil Rule 75(M) (N)(2).