FRANKLIN COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Effective July 1, 1984 unless otherwise noted

	DOMESTIC RULES
	---SELECT A RULE TO VIEW--- 1. Duty Judge 2. Security for costs 3. Case Management 4. Assignment of cases for trial 5. Hearing 6. Witnesses 7. Investigations 8. Magistrate hearings 9. Objections to decisions of Magistrate 10. Petitions for dissolution 11. Pleadings 12. Entries 13. Motions 14. Broadcasting, televising, recording and photographing by news media 15. Guardian ad Litem 16. Termination of inactive cases 17. Financial disclosure affidavit required at time of filing 18. Required language 19. Photographic Identification 20. Support payments through Franklin County Child Support Enforcement Agency/Application for IV-D Services 21. Child support worksheets 22. Mediation 23. Child support and alimony modifications 24. Health insurance disclosure affidavit 25. Assignment of cases 26. Seminar for separating parents 27. Model parenting time schedule 28. Service of process in divorce, annulment, or legal separation 29. Court Records Management and Retention 30. Work Release Program 31. Forms 32. Court Security 33. Service members' civil relief act 34. Appeals From Magistrate Orders 35. Admission of Out-Of-State Attorneys 36. Registration of Orders From Another State; Certification to Juvenile Court

RULE 2.

Security for costs

            To Institute Action

            In all actions for dissolution, divorce, legal separation, or annulment, with or without minor children, the party instituting the action shall deposit with the Clerk the sum of $175.00 as security for costs. 

            Counter-Claims

            In all counter-claims for divorce, annulment or legal separation the party instituting the counter-claim shall deposit with the Clerk the sum of $28.00 as security for costs.

            Post Judgment Motions

In all post judgment motions requesting modification, vacation or enforcement of the existing judgment, decree or order, including motions for lump-sum judgment, the party instituting such motion shall deposit with the Clerk the sum of $150.00 as security for costs.  No additional deposit shall be required for the custody investigation, and no deposit for security for costs shall be required for motions to enforce a suspended jail sentence.

            Publication

            A party requesting service by publication shall deposit with the Clerk an amount equal to the current minimum rate for publication in addition to the other regular costs.

            Personal Service

            A party requesting personal service within Franklin County shall deposit with the Clerk the sum of $30.00; if the personal service is outside of Franklin County, the sum of $75.00 in addition to the other regular costs.

            Witness Fees

            The party subpoenaing witnesses shall post with the Clerk the sum of $6.00 per witness within Franklin County; for each witness outside Franklin County, a deposit of $12.00 per witness plus mileage and a deposit of $75.00 for the foreign Sheriff's service.

            Court Reporter Costs

            In all matters in which a Court Reporter is present to make a record of the proceedings a deposit of $25.00 shall be posted prior to the commencement of such proceedings by the party so requesting the presence of the Court Reporter or by such other party as the Court may so direct, and an additional $25.00 shall be posted prior to each subsequent day of the proceeding.  This deposit may be waived only by the consent of the Judge or Magistrate presiding in such proceedings.

            Inability Affidavits

            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.

            Fees for Computer Research and Services

            (A) Pursuant to the authority of R.C.2301.031(A) it is determined that, for the efficient operation of the Domestic Relations Division and 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.2301.201(B)(1) it is determined that, for the efficient operation of the Domestic Relations Division 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, eff. 1/1/85; 4/15/85; 7/1/85; 1/15/86; 1/1/87; 7/1/90; 1/25/93; 6/10/96; 2/10/97; 2/9/98; 7/1/99; 8/1/04)

CLICK HERE TO DOWNLOAD THE AFFIDAVIT OF INDIGENCE