Trial courts of the state court system of Ohio
TheOhio Courts of Common Pleas are thetrial courts of thestate court system ofOhio.
The courts of common pleas are the trial courts ofgeneral jurisdiction in thestate. They are the only trial courts created by theOhio Constitution (in Article IV, Section 1). The duties of the courts are outlined in Article IV, Section 4. Each ofOhio's 88 counties has a court of common pleas. TheOhio General Assembly (thestate legislature) has the power to divide courts of common pleas into divisions, and has done so, establishing general,domestic relations,juvenile, andprobate divisions:
- General divisions haveoriginal jurisdiction in allcriminalfelonycases, allcivilcases in which theamount in controversy is more than $15,000, and all cases involving title to real estate, excepting eviction matters. General divisions also haveappellate jurisdiction over the decisions of some stateadministrative agencies and of city agencies. Some Ohio Courts of Common Pleas have specializedbusiness court tracks, per authorization of the Supreme Court (Rule 49.01), called Commercial Dockets, includingCuyahoga County,Hamilton County, andLucas County (Rule 5.08).
- Domestic relations divisions have jurisdiction over proceedings involvingdivorce (dissolution ofmarriage),annulment,legal separation,spousal support,parental rights,children, etc.
- Juvenile divisions hear cases involvingjuvenile delinquency (minors under 18 years of age charged with acts that would be crimes if committed by an adult) as well as cases involving unruly,dependent andneglected children. Juvenile courts have jurisdiction in adultcases involving paternity,child abuse, non-payment ofchild support, contributing to the delinquency of minors, and the failure to send children to school (truancy).
- Probate divisions – Formerly probate was handled by separateprobate courts under Ohio Constitution of 1851, which had original jurisdiction over the probate ofwills, supervision of theadministration of estates, andguardianship. In 1968, the Modern Courts Amendment to the Ohio Constitution was adopted, establishing probate divisions of the courts of common pleas instead. Probate courts additionally have jurisdiction over the issuance ofmarriage licenses,adoption proceedings, determination ofsanity ormental competency and certaineminent domain proceedings. Probate judges may also act asmarriage officiants and charge a fee for the service.
Judges of the court of common pleas are elected to six-year terms on anonpartisan ballot, although candidates may choose to run in partisan primary elections. In order to be appointed or elected to the court, a person must be anattorney with at least six years of experience in thepractice of law.
