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COVID19 changes to Court Procedures

FILING DEADLINES REMAIN INTACT, BUT SOME HEARINGS TO BE CONTINUED

As of Monday, March 16, 2020, the Court of Common Pleas Criminal and Civil Divisions in Auglaize County are operating with only essential staff on-site. The building is open, but only to those who have time-sensitive business with the Court. The Clerk’s Office is open and all filing deadlines remain intact.

Due to the concerns of Coronavirus/Covid19, effective March 16, 2020 to April 30, 2020, the following changes will take effect:

1. All JURY TRIALS have been continued to a later date, through the end of April.
2. All civil pretrials will be conducted by telephone conference only. Defense counsel shall contact all attorney’s offices involved and the court to initiate the pretrial telephonic conference.
3. Defendants in criminal cases will be able to participate by private telephone communications with their counsel to protect attorney-client confidentiality. Pre-Trial hearings, with counsel, are to be conducted telephonically.  Counsel SHALL report to the Court the results of the telephonic pre-trial to schedule further hearings. 
4. All attorneys are requested to limit new case filings to only those that are emergent or time sensitive in nature.  This is not a mandatory requirement but a voluntary request. Remember, fax filings are authorized.

Probate/Juvenile Court Fax 419-738-1061 and

Civil/ Criminal/Domestic Relations Fax 419-739-6768.

5. The Court will proceed as usual with civil stalking protection orders, but requests that new petitions be notarized and filed by FAX filing when practicable. 
6. Cases seeking emergency temporary restraining orders or preliminary injunctions shall proceed as normal, but the court authorizes the petitions to be FAX filed, and counsel may call the Judge’s office to arrange a teleconference at (419) 739-6770.
7. Any other matters may be considered on a case by case basis.  This procedure remains in effect until April 30, 2020 subject to further extension or more serious restriction should circumstances dictate.
8. Unless instructed to the contrary, all contacts with probation officers and/or with pre-sentence investigators shall be by telephone, and arrangements may be made by calling the Adult Probation Office at (419) 739-6760.

The Court is simply attempting to limit and contain any potential spread of Coronavirus by limiting persons’ contact with one another and others through court proceedings.

COVID19 changes to Court Procedures as AMENDED: 

Due to the relaxing of Covid-19 rules, effective May 1, 2020, and until further notice, the following changes in court procedures will take effect:

1. All civil pretrials will be conducted by telephone conference only. Defense counsel shall contact all attorney’s offices involved and the court to initiate the pretrial telephonic conference.  Final pre-trials in civil cases will be conducted by telephone conference, and the counsel and pro se litigants will contact the court in advance for instructions for connecting to the conference call.  Parties who are represented by counsel are requested, but not required, to also participate in the conference call, and counsel shall inform their clients of the instructions on how to participate.

2. Defendants in criminal cases will be able to participate by private telephone communications with their counsel to protect attorney-client confidentiality in all pre-trials. First Pre-Trial hearings with counsel  are to be conducted telephonically between counsel only, but Counsel SHALL report to the Court the results of the telephonic pre-trial to schedule further hearings and shall confirm to the Court the status of discovery.

3. All attorneys are now permitted to file any new case filings, thus lifting the prior request for limiting filings.  Remember, fax filings are now authorized.

Probate/Juvenile Court Fax 419-738-1061 and

Civil/ Criminal/Domestic Relations Fax 419-739-6768.

Filing by email is approved by the Court ONLY by contacting the Clerk by telephone at (419) 739-6765, and making arrangements in advance.  As we do not have an e-filing system, emails received without advance arrangements will not be filed nor acknowledged. It is the responsibility of the filing party to obtain prior approval of the Clerk.  This is to ensure that the Clerk’s system is operating online correctly and to avoid any confusion or inadvertent lack of filing.

4. The Court will proceed as usual with civil stalking protection orders, but requests that new petitions be notarized and filed by FAX filing, or by pre-approved email as described above, when practicable. 

5. Cases seeking emergency temporary restraining orders or preliminary injunctions shall proceed as normal, but the court authorizes the petitions to be FAX filed, or by pre-approved email as described above,  and counsel may call the Judge’s office to arrange a teleconference at (419) 739-6770.  Counsel shall make a good faith attempt to have opposing counsel on the telephone conference call, or be ready to explain those unsuccessful efforts.

6. Any other matters may be considered on a case by case basis.

7. Jury trials and in-person hearings will resume if so determined by the court on a case-by-case basis, considering the complexity of the case, number of witnesses, duration of the trial, availability of the witnesses and parties, availability of jurors (as determined in accordance with the Forsthoefel case decided by the Ohio Supreme Court on April 27, 2020,) and any other relevant factors. All persons entering the courtroom will be screened for the Covid-19 virus with the ODH approved questions, and will have temperatures monitored pursuant to the Forsthoefel Order of the Ohio Supreme Court.  No one with a temp of 100 degrees or higher will be permitted to enter the courtroom.  The number of people allowed to enter the courtroom will be limited as to be determined in each case.  Each in-court hearing or trial will have administrative orders issued by the court after consultation with the counsel and pro se litigants, when possible.
8. This procedure remains in effect until further amended due to the necessity for more serious restriction should circumstances dictate, or lessening of restrictions should conditions permit, as determined by the Court.

9. Unless instructed to the contrary, all contacts with probation officers and/or with pre-sentence investigators shall be by telephone, and arrangements may be made by calling the Adult Probation Office at (419) 739-6760.

These orders shall be interpreted to balance the need to administer justice in proceeding with the work of the Court with the need to protect the parties, jurors, counsel, witnesses and court staff and the public from the risks associated with the spread of the novel coronavirus COVID-19.

FILING DEADLINES REMAIN INTACT, BUT SOME HEARINGS TO BE CONTINUED 

As of Monday, March 16, 2020, the Court of Common Pleas Criminal and Civil Divisions in Auglaize County are operating with only essential staff on-site. The building is open, but only to those who have time-sensitive business with the Court. The Clerk’s Office is open and all filing deadlines remain intact. 

Some non-emergency hearings may be continued and will be rescheduled as more information becomes available.  The attorneys will be notified of any continuance. 

The court is authorizing all parties in civil and criminal cases to file pleadings, other than Complaints and pleadings that need to be accompanied with filing fees, by FAX transmission to the Clerk of Courts.  That FAX number is 419-739-6768. 

Civil complaints and other pleadings requiring a deposit for costs must be filed together with such deposits as normal. 

Petitions and forms for Civil Stalking Protection Orders or other protection orders may be found online: 

http://www.supremecourt.ohio.gov/JCS/domesticViolence/protection_forms/stalkingForms/default.asp 

You may have any Notary Public administer the Oath for those petitions, and may submit your petitions and your proposed Journal Entry by FAX transmission at (419) 739-6768. 

Jurors are reminded that if you have received a notice, you will be expected to appear at the time as you were notified, but Petit Jurors should call (419) 739-6764 as instructed to confirm whether the trial is going forward. 

Duties of the Court

The Court of Common Pleas handles all felony criminal cases, and civil cases of all kinds involving claims typically in excess of $15,000 or injunctive relief, as well as appeals from state agencies.

 

If you have been summoned on a particular date, please call the court after 4:30pm at (419)739-6764 one business day prior to the trial.

Click HERE for more information if you have been summoned for a particular date.