COMMON PLEAS COURT
PICKAWAY COUNTY, OHIO
GENERAL AND DOMESTIC RELATIONS DIVISION
PICKAWAY COUNTY COURTHOUSE
207 SOUTH COURT STREET
CIRCLEVILLE, OHIO 43113
(740) 474-6026
JUDGE’S OFFICE:
Judge P. Randall Knece 740-474-6026
Alice Malott, Court Reporter/Court Secretary 740-474-8376
Deanna Reeser, Assignment Commissioner 740-474-6026
Gary Whited, Court Bailiff 740-477-3760
Diana Rhymer, Secretary, Adult Probation Department 740-477-3840
Kelly Munn, Law Clerk 740-477-3933
Fax Number: 740-477-6334
MAGISTRATE:
Elisa Branham, Magistrate 740-474-6026
Shelly Harsha, Magistrate 740-474-6026
Fax Number: 740-477-6334
ADULT PROBATION DEPARTMENT:
Mike Burgett 740-474-9048
Max Schorr 740-474-3275
Missy Hunt 740-474-2058
JURY COMMISSIONERS:
Earl W. Palm
Betty Caudill
Any questions pertaining to jury duty should be directed to The Common Pleas Court – 740-474-6026
There are four terms of Court per year: January, April, July and October. At each term of Court a new jury panel is selected. Juror names are submitted by the Board of Elections, Pickaway County, Ohio from the voter registration, using a key number that is selected in August of each year. There are 500 names drawn as Petit Jurors and 50 names drawn as Grand Jurors.
Grand Jury is in Session once a month. On occasion, there may be a need for a Special Grand Jury Session during the Term, however, that is very infrequent. At least once during the Grand Jury Term it is necessary that the Grand Jurors inspect the Pickaway County Jail to ensure that the prisoners are receiving adequate treatment. After this tour is completed the Jurors will reconvene in the Grand Jury Room and submit a written report to the Court. A copy of the Grand Jurors Report is then forwarded to the Pickaway County Commissioners Office for their review.
Petit Jurors are called for jury duty on an as-needed basis. Jurors are only summoned in when there is an actual jury trial scheduled. Petit Jury may consist of a criminal trial or a civil trial. If the case being tried is a criminal case, 12 jurors will be seated with usually one or two alternates. If the case being tried is a civil case, 8 jurors will be seated with one alternate. Most trials (criminal and civil) last two days. However, there are occasions when a trial may take a week, but that is rare.
Jurors are summoned to report for jury duty at 9:00 A.M. The first part of the trial will be the selection of the jury. This is called Voir Dire. Once the jury is seated, usually a 10 minute recess will be taken. Then the Court will commence with Instructions of the Court and opening statements of counsel. Once opening statements are completed, witnesses will be called to the witness stand, and exhibits will be offered during the trial. Once the testimony is completed, the attorneys will make closing arguments, the Court will give the Charge of the Court, and then the jury will commence deliberations. Once the jury has reached a verdict, the foreperson will knock on the jury room door and announce to the Bailiff that the jury has reached a verdict. At that time the jury will be returned to the courtroom, the verdict will be announced, after which the jury will be excused.
The Court usually schedules one 10 minute recess in the morning and one 10 minute recess in the afternoon, with one hour for lunch. The jurors are on their own during the lunch hour.
(For consideration to be excused from jury duty, print out and complete the form below.)
Dear Juror:
As a registered voter of Pickaway County, you have been selected to serve as a petit juror in the Pickaway County Common Pleas Court for an upcoming 3 month term of Court. The Court is located on the 2nd floor of the Pickaway County Courthouse at 207 South Court Street, Circleville.
You have not actually been selected for a specific date yet. When your name is selected, you will be notified by mail of the specific date and time to appear. Jury trials are normally scheduled on Mondays and Thursdays and typically last one or sometimes two days.
Any and all medical excuses, vacation requests and/or requests for discharge from jury duty should be completed on the Juror Excuse Form below and returned with the completed questionnaire in the self addressed stamped envelope provided.
Please do not request to be permanently excused from jury duty for any other reasons than listed on the Juror Excuse Form below. As Judge of the Pickaway County Common Pleas Court, I am the only person who can excuse a juror, and I cannot excuse you under Ohio law except for the reasons listed below. Please remember only a limited number of jurors are called for specific dates, therefore it is very important that you appear as Ordered. Your summons is a Court Order and any failure to comply with the Order can result in the imposition of sanctions provided under Ohio law. If you have any questions, please contact my office at (740) 474-6026.
Sincerely,
P. Randall Knece
P. Randall Knece, Judge
Juror Excuse Form can be viewed or downloaded in MS Word® format
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JUROR EXCUSE FORM
Please fax correspondence to Judge Knece at (740) 477-6334 or mail to: Judge P. Randall Knece
Pickaway County Common Pleas Court
207 South Court Street, 2nd Floor
Circleville, Ohio 43113
Name _____________________________________________________________Juror #______________
Address _____________________________________________________________ Phone #_____________
I claim exemption from jury service because:
___ The interest of the public will be materially injured by my attendance. (Mail or fax detailed explanation.)
___ I am no longer a resident of Pickaway County. (Mail or fax new street address, city, state, zip and phone number.)
___ The recent death or dangerous illness of my spouse or near relative (state relationship). (Mail or fax medical documentation.)
___ I am a member of a cloistered religious organization. (Mail or fax detailed explanation.)
___ I have a physical condition that renders me unfit for jury duty for up to 24 months. (Mail or fax signed doctor’s excuse.)
___ I am over 75 years of age and request to be excused. (Mail or fax date of birth.)
___ I am an active member of a recognized Amish sect and request to be excused. (Mail of fax detailed explanation.)
___ I have served on jury duty in Common Pleas Court within the previous 12 months. (Mail or fax last date of jury service.)
___ I am a student attending college outside of Pickaway County. (Mail or fax proof of registration.)
___ I am a convicted felon. (Mail or fax county of conviction.)
(To be excused for medical purposes, print out and have Physician complete the form below.)
Physician's Release Form can be viewed or downloaded in MS Word® format
JURY SERVICE
PHYSICIAN’S RELEASE FORM
I hereby certify that ____________________________________________ is a patient under my care. (Please print or type name in full.)
He/she suffers from a physical and/or mental condition that would make service as a juror dangerous to the patient’s health and/or well being.
NOTE TO THE PHYSICIAN: Postponing jury service is preferred to excusing a prospective juror. Unless the original summons states that the service cannot be rescheduled, prospective jurors may request a temporary postponement of the jury service for circumstances such as pregnancy, broken bones, surgery, recovery or other temporary conditions. Prospective jurors should contact the Pickaway County Common Pleas Court directly for instructions on rescheduling their original term of service.
Please provide a detailed description of the medical condition and how it would adversely affect this person’s ability to serve on a jury:
________________________________________________________________________________
________________________________________________________________________________
Is this condition permanent? (circle one) Yes No Patient’s age: __________
If the condition is temporary, when will the patient be able to serve? (circle one)
30 days 60 days 90 days Other (please specify) ___________________________
SUBMISSION OF THIS CERTIFICATE TO JUDGE P. RANDALL KNECE, PICKAWAY COUNTY COMMON PLEAS COURT, CERTIFIES UNDER PENALTY OF PERJURY, BY THE SUBMITTER, THAT THE FOREGOING IS TRUE AND CORRECT.
________________________________________________________________________________
Physician’s Signature (Original signature ONLY) Date
________________________________________________________________________________
Please print or type your name
________________________________________________________________________________
Full Address Phone
Please fax completed form to Judge Knece at (740) 477-6334 or mail to: Judge P. Randall Knece
Pickaway County Common Pleas Court
207 South Court Street, 2nd Floor
Circleville, Ohio 43113
Inquiries as to the procedure for becoming a Notary Public should be directed to Alice Malott, Court Secretary – 740-474-8376
The requirements to become a Notary include: 1) Applicant must be at least 18 years of age and a resident of Pickaway County; 2) The Notary Commission requested is for employment purposes.
The procedure is as follows: Appointments are scheduled daily between the hours of 8:00 A.M. and 9:00 A.M. There is a $25.00 charge upon application. Checks are acceptable made payable to the Clerk of Courts. Upon completion of the application, the applicant is instructed to call the Sheriff’s Department at 740-477-6000, to schedule an appointment for a background check to be completed at the Pickaway County Sheriff’s Department, 600 Island Road, Circleville, Ohio 43113. A pamphlet is given to the Applicant along with a scheduled time to take the written examination. On the date of the examination the applicant must bring the completed background check from the Pickaway County Sheriff’s Department with them. After the test has been completed it will be checked that day and the applicant will then be further instructed as to the procedures regarding obtaining their commission from the Secretary of State, Notary Commission.
The Magistrate hears domestic post-decree motions, pre-trials, temporary order hearings, Child Support Enforcement Agency hearings and cases involving custody. Child Support Enforcement hearings are scheduled on Wednesdays and Thursdays.
Court Rules can be viewed or downloaded in MS Word® format
TABLE OF CONTENTS
RULE 1
1.01 Effective Date...................................................Page 11
RULE 2
2.01 Term of Court....................................................Page 11
RULE 3
3.01 Duties of Clerk of Courts........................................Page 11
3.02 Copies of Pleadings and Papers...................................Page 11
3.03 Removal of Files.................................................Page 11
3.04 Filing of Facsimile Copy.........................................Page 12
RULE 4
COURT COSTS
4.00 Security for costs...............................................Page 13
4.01 Costs of Filing Civil Suits......................................Page 14
4.02 Costs of Reinstating Case........................................Page 14
4.03 Increase of Deposit..............................................Page 14
4.04 Deposit for Cross, Counter & Third Party Complaints..............Page 14
4.05 Costs Where Party is Indigent....................................Page 14
4.06 Waiver of Court costs............................................Page 14
4.07 Deposit for Witness Fees.........................................Page 14
4.08 Appraisal Fees...................................................Page 14
RULE 5
5.01 Bail or Surety...................................................Page 15
5.02 Property Bond....................................................Page 15
RULE 6
PLEADINGS AND MOTIONS
6.01 Form of Pleadings and Motions....................................Page 15
6.02 New Parties......................................................Page 15
6.03 Notice of Change of Address......................................Page 15
6.04 Depositions......................................................Page 15
6.05 Discovery........................................................Page 15
6.06 Discovery Sanctions..............................................Page 16
6.07 Citation of Authorities..........................................Page 16
6.08 Motion Briefs....................................................Page 16
6.09 Motion for Temporary Restraining Order...........................Page 16
6.10 Summary Judgment Motion..........................................Page 17
RULE 7
RULE DAYS
7.01 Agreed Extension of Rule Day...................................Page 17
7.02 Additional or Unagreed Extensions..............................Page 17
RULE 8
RULE DAYS
8.01 Rule Days not Fixed by Law......................................Page 18
8.02 Amendments to Pleadings by Interlineation or Obliteration.......Page 18
RULE 9
TRIAL ATTORNEY
9.01 Requirement of Trial Attorney...................................Page 18
9.02 Settlement Responsibilities.....................................Page 18
RULE 10
10.01 Withdrawal of Trial Attorney....................................Page 19
RULE 11
CASE MANAGEMENT AND PRETRIAL PROCEDURE
11.01 Case Management and pretrial procedure.........................Page 19
11.02 Case Management and pretrial procedure.........................Page 19
11.03 Case Management and pretrial procedure.........................Page 19
11.04 Case Management and pretrial procedure.........................Page 20
11.05 Case Management and pretrial procedure.........................Page 20
11.06 Case Management and pretrial procedure.........................Page 20
11.07 Case Management and pretrial procedure.........................Page 20
RULE 12
12.01 Assignments for Trial..........................................Page 21
12.02 Trial Exhibits.................................................Page 21
RULE 13
CRIMINAL CASES
13.01 Supplemental Rules.............................................Page 21
13.02 Dismissals.....................................................Page 21
13.03 Trial Assignment...............................................Page 21
13.04 Motions........................................................Page 21
13.05 Pretrial conference............................................Page 22
13.06 Continuances...................................................Page 22
13.07 Discovery......................................................Page 22
RULE 14
GENERAL ENTRIES
14.01 Submission of Entries to Court.................................Page 22
14.02 Failure of Counsel to Prepare Entry............................Page 22
14.03 Entries of Dismissal Following Settlement......................Page 23
14.04 Entry of Confirmation in Foreclosure Actions...................Page 23
14.05 General Entries................................................Page 23
14.06 Provision for Court Costs......................................Page 23
RULE 15
APPEALS
15.01 Where Time for Filing is Fixed.................................Page 23
15.02 Where Time for Filing is Not Fixed.............................Page 23
15.03 Where Demand for Transcript Required...........................Page 24
15.04 Hearing on Appeal..............................................Page 24
15.05 Applicability of Procedure.....................................Page 24
15.06 Failure to File within Time Required...........................Page 24
RULE 16
MAGISTRATES
16.01 Appointment....................................................Page 24
16.02 Proceedings....................................................Page 24
RULE 17
TRANSCRIPTS
17.01 Requests for Preparation.......................................Page 24
RULE 18
DOMESTIC RELATIONS PRACTICE
18.01 Filings Costs...................................................Page 25
18.02 Pre-trial Conferences...........................................Page 25
18.03 Assignment of Cases for Trial...................................Page 27
18.04 Witnesses.......................................................Page 27
18.05 Investigations..................................................Page 27
18.06 Magistrate Hearings.............................................Page 27
18.07 Pleadings.......................................................Page 27
18.08 Preliminary Orders and Procedures...............................Page 28
18.09 Domestic Restraining............................................Page 29
18.10 Child Support Enforcement Agency................................Page 31
18.11(A)Companionship Schedule..........................................Page 34
18.11(B)Companionship Schedule-Long Distance Travel.....................Page 41
18.12 Guardian Ad Litem...............................................Page 47
18.13 Notice of Final Hearing.........................................Page 47
18.14 Mediation.......................................................Page 48
RULE 19
MEDIA
19.01 Allowance of Media Coverage.....................................Page 50
19.02 Administration..................................................Page 50
19.03 Pooling Arrangements............................................Page 50
19.04 Equipment and Personnel.........................................Page 50
19.05 Light and Sound Criteria........................................Page 51
19.06 Miscellaneous...................................................Page 52
19.07 Limitations.....................................................Page 52
19.08 Revocation of Permission........................................Page 52
RULE 20
20.01 Attorney’s Fees for Suits in Partition of
Real Estate.....................................................Page 53
RULE 21
21.01 Judicial Sales/Title Insurance Required.........................Page 53
IN THE COURT OF COMMON PLEAS,
PICKAWAY COUNTY, OHIO
GENERAL DIVISION
IN THE MATTER OF THE ADOPTION
OF RULES OF COURT JOURNAL ENTRY
The Supreme Court of Ohio, pursuant to Article 4, Section 5, of the Ohio Constitution, prescribes certain rules of practice and procedure. The Court finds that it is necessary to adopt additional rules not inconsistent with the rules promulgated by the Supreme Court for local practice.
NOW THEREFORE, the following Rules shall be adopted, and all other prior Rules replaced effective May 1, 1996.
P. Randall Knece
P. RANDALL KNECE, JUDGE
COURT OF COMMON PLEAS
PICKAWAY COUNTY, OHIO
RULE 1
EFFECTIVE DATE
1.01 The effective date of these Rules is May 1, 1996.
RULE 2
TERM OF COURT
2.01 The Court shall be in continuous session for the transaction of judicial business. Each calendar year shall be divided in four Parts, designated as the January Part, the April Part, the July Part, and the October Part. The day of commencement of each Part shall be fixed by the Court each year on or before the third Tuesday of October for the next year or at such other time as may be provided by law or subsequent order of the Court.
RULE 3
CLERK OF COURTS
3.01 The Clerk shall file together and carefully preserve in his/her office all papers delivered to him/her for that purpose, in every action or proceeding.
3.02 In causes pending in which the parties or their counsel shall deem it necessary to have copies of the pleadings, the Clerk shall, on request, furnish copies in accordance with the usual fee charged by the Clerk's Office for making copies. Copies of all other papers except bills of exceptions, depositions and transcripts, belonging to the files of the Court, shall, on demand, be furnished by the Clerk upon payment of the usual fee therefore. The Clerk shall permit anyone to cause to be made a copy of any papers in the files of the Court, except bills of exceptions, depositions and transcripts.
3.03 No person except a judge of the Court, magistrate or representative of either shall remove any documents or case files from the custody of the Clerk. The Pickaway County Prosecuting Attorney may also remove criminal files for prosecution purposes. Copies of pleadings and papers can be obtained from the Clerk by payment of the necessary fee.
3.04 All facsimile copies as provided for by Ohio Civil Rule 5(E) shall be filed as follows:
1) All transmissions shall be preceded by a cover
page which includes the following information:
a) Name of forwarding attorney;
b) Address of forwarding attorney;
c) Ohio Supreme Court registration number of
attorney;
d) Telephone number of attorney;
e) Facsimile telephone number of attorney;
f) Date and time of facsimile initiation;
g) Number of pages in document being forwarded,
and
h) Case number and caption of case.
2) Within three (3) business days after the transmission to the Clerk of a facsimile copy, an original document bearing original signatures shall be filed with the Clerk. The Clerk shall docket any facsimile copy when received as a facsimile copy. Thereafter, when the original document is filed, the Clerk shall docket it in the usual and customary manner and the filing shall relate back to the date upon which the facsimile copy was filed. In the event any facsimile copy is received by the Clerk after 4:00 p.m. on a regular business day or anytime on weekends or holidays, the facsimile copy shall be considered filed on the next ensuing regular business day for the Clerk.
3) All complaints and filings will be held until the appropriate deposits and number of copies are received by the Clerk's Office.
Security Costs can be viewed or downloaded in MS Word® format
RULE 4.00
SECURITY COSTS
COMMON PLEAS COURT
PICKAWAY COUNTY, OHIO
EFFECTIVE JUNE 1, 2007
No civil action or proceeding shall be accepted by the Clerk for filing unless the party or parties offering the same for filing shall have first deposited a sum to secure the payment of the costs that may accrue in each action or proceeding, except otherwise provided by law. Such advances shall be in accordance with the following schedule:
Foreclosure Actions (does not include printer fee) $325.00
--Upon issuance of Order of Sale: additional $200.00
Civil Actions $210.00
--Jury Demand: additional $250.00
Counterclaim $150.00
Third Party Claim $150.00
Motions filed after Judgment in this Court $100.00
--Domestic cases
Petition for Dissolution of Marriage $200.00
Divorce, Legal Separation, or Annulment $200.00
Counterclaim in domestic cases $100.00
Post Decree Motions $100.00
Execution upon a Foreign Judgment $100.00
Garnishments and Debtor’s Exams $100.00
Cognovit Note $210.00
Motion to Reinstate case dismissed on drop list $100.00
Miscellaneous filings $15.00
Appeals from other Tribunals $85.00
Filing of Certificate of Judgment $20.00
Release of Certificate of Judgment $5.00
Expungements $50.00