General Questions

Yes. For Civil and Criminal Divisions, refer to local rule 9.09. For Appeals Division refer to Local App. R. 2(C).
Evictions are filed at the municipal court that would have jurisdiction over the area in which the rental property is located - Alliance, Canton, or Massillon Municipal Courts.
Small Claims are also filed at the municipal courts having jurisdiction over the location of the claim. They do have forms available that may be used to file the petition.

For more information on becoming a notary public or renewing your current notary commission, contact the Stark County Bar Association at: (330) 453-0685, visit their website at: https://ohionotaryclass.com, or stop by their office at: 116 Cleveland Avenue NW, Suite 400, Canton, OH 44702.

The Notary Modernization Act went into effect on September 20, 2019, and eliminated the requirement to file your notary commission with your local clerk of court office. Our office is no longer statutorily authorized to accept your commission for filing.

The Notary Modernization Act went into effect on September 20, 2019, and eliminated the requirement to file your notary commission with your local clerk of court office. Our office is no longer statutorily authorized to accept your commission for filing.

Birth certificates are on file with the health departments. The telephone numbers are as follows:

Copies may be obtained either in person or requested by mail. If the request is made by mail, please include the names of the parties involved, the year the case was filed, a $5.00 check or money order made payable to the Clerk of Courts and a self addressed stamped envelope.

Our computerized docket began on January 1, 1985 for Criminal, Civil, Domestic Relations, and Court of Appeals. The beginning Criminal case number was 85-5001, Domestic Relations was 97356, Civil was 85-007, and Court of Appeals was 6550. If you need to look up a case prior to 1985, the indexes are located on the 6th floor of the County Ofice Bldg (FirstMerit Bank Bldg) 110 Central Plaza South #690, Canton, OH 44702.

The clerk of courts Legal Offices are open Monday through Friday, 8:30 a.m. to 4:30 p.m. The clerk of courts Title Offices are open Monday through Friday 8:30 a.m. – 4:00 p.m. and Saturdays 8:00 am to 12:00 noon at all locations except downtown Canton.  All clerk of courts offices are closed for the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Juneteenth, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving (Thursday & Friday), and Christmas Day.

Civil Division Questions

Yes, a Designation Form is required for every new civil action. Only the Stark County form will be accepted. A copy is available under our "Forms" page.

Yes. A copy is available under our "Forms" page.

Yes. The attorney of record may serve the subpoena. The attorney may sign the subpoena and serve the parties. The attorney is required to file a return of service with the clerk's office. The subpoena does not need to be filed with the clerk first.

The subpoena may be filed with the clerk with instructions to be served by certified mail or personally by the sheriff.

When serving by certified mail, an original and one copy of the subpoena is required, and an original and two copies are required if served personally.

No. It will be added as costs on the case. Witness fees are the responsibility of the attorney. A witness is paid $6.00 for a half day, $12.00 for a whole day, plus $.10 a mile if they live out of the city of Canton.

Criminal Division Questions

No. Forms can be obtained at a local library.  You can contact an attorney for assistance in preparing the required paperwork.

If an appeal has been filed on a case, and a transcript has been ordered for the appeal, you may get a copy of the transcript from the Clerk of Court's Office for $.10 per page. If an appeal was never filed on a case, you must contact the court reporter to make arrangements for the preparation of the transcript.

Upon the filing of the sentencing entry with the Clerk of Courts, the bookkeeping department will mail a refund to the depositor. If a check has not been received and you wish to inquire about your refund, please call the bookkeeping department at 330/451-7977.

When making a payment on court costs or fines, the clerk accepts cash, personal checks, money orders, and certified checks.

When posting a bond, the clerk only accepts cash, money orders, and certified checks.

Arraignments are held in the Stark County Courthouse, 115 Central Plaza North, Canton, OH 44702 in room 203.

Domestic Relations/Court of Appeals Questions

A petition for dissolution and separation agreement is filed in a dissolution and a complaint is filed in a divorce case. These forms may be obtained from an office supply store and/or drug store.

A financial affidavit must also be filed in either a dissolution or divorce, and if there are children involved a Uniform Child Custody Jurisdiction Affidavit and Child Support Worksheet. All of these forms are available in the magistrate's secretary's office or on the "Forms" page.

Copies are $.10/page or $1.00/page if certified.

This is a listing of minimum deposits and fees required. The total costs involved with each case varies from case to case. Please contact our office at 330.451.7801 or use the contact form to obtain the total costs associated with your case.  Checks are made payable to:  Stark County Clerk of Courts.

Family Court Division

Complaint for Divorces and Annulments (Up to 4 Defendants)

$ 291.00

Original and one copy plus one copy for each party to be served for each type of service requested. Financial Affidavit - Original and copies for service. IF CHILDREN - Uniform Child Custody Affidavit and Child Support Worksheet is required - Original and copies for service.

(Additional $50 deposit is required for every 5 defendants named in the complaint after 4)

Legal Separations

$ 259.00

Original and one copy plus one copy for each party to be served for each type of service requested. Financial Affidavit - Original and copies for service. IF CHILDREN - Uniform Child Custody Affidavit and Child Support Worksheet is required - Original and copies for service.

Dissolutions

$ 271.00

Petition for Dissolution and Separation Agreement - Original and one copy. Financial Affidavit - Original for each party or one signed by both parties. IF CHILDREN - Uniform Child Custody Affidavit and Child Support Worksheet is required - Original.

Domestic Violence (Civil Protection Order)

No Deposit

Petition for Civil Protection Order, Affidavit, Uniform Child Custody Affidavit (if children), - Original and service copies. Ex Parte Temporary Protection Order - Original and two copies plus personal service copies. 10-A Form - Original and one copy. Deposit: No Deposit Required

Counter Claims and Cross Claims

$ 151.00

Original and one copy plus service copies.

Reopening Closed Cases (Hearing Requested)

$ 173.00

Original and one copy plus service copies.

Custody Register Petition

$ 213.00

Original and one copy plus service copies.

Garnishment

$ 183.00

 

New Juvenile Complaint

$ 207.00

 

Yes. Copies may be obtained either in person or requested by mail. If the request is made by mail, please include the names of the parties involved, the year the case was filed, a $5.00 check or money order made payable to the Clerk of Courts and a self addressed stamped envelope.

Only one party need appear to file, however, both signature are required, and both parties are required to appear at the hearing.
The Financial Affidavit, Uniform Child Custody Affidavit and Child Support Worksheet all need to be signed before a Notary Public prior to filing with the clerk of courts.

The filing fee for a Notice of Appeal is $90.00, and must be paid within 10 days of the filing of the Notice of Appeal. See Local App. R. 1(B). A Docketing Statement must accompany the Notice of Appeal.

Title Division Questions

First and foremost, no alterations should be made on a Certificate of Title. If this is done, the title becomes null and void and a replacement title will have to be obtained by the seller. Do not fill in any part of the Assignment or Application (on the back of the title) unless it is done in the presence of a notary public or another duly authorized officer with power to administer oaths. All signatures must be notarized. Your Certificate of Title must be procured within 30 days after delivery of the motor vehicle or a $5.00 penalty will be assessed. Always make a physical comparison of the VIN number (Vehicle Identification Number) on the title and on the vehicle you are purchasing to ensure they match.

Do not complete the Assignment on the back of the Certificate of Title until a bona fide sale has been made. Once the sale has been made, the buyer’s full name, address and purchase price must be inserted on the Assignment portion of the title, and the seller must then sign that portion of the auto title in the presence of a notary public. A separate Odometer Statement need only be filled out at the time of sale if the Odometer portion is not preprinted on the back of the Certificate of Title.

If the original title is lost, stolen or destroyed, you may obtain a duplicate Certificate of Title. This duplicate may be used to transfer a motor vehicle if the original is lost, etc. If the original is recovered after issuance of the duplicate, it must be returned to the auto title office for cancellation

A Memorandum Certificate of Title is issued only for the purpose of obtaining license plates when the lien holder holds the original Certificate of Title. Ownership of a motor vehicle cannot be transferred with a Memorandum Certificate of Title.

When a vehicle is dismantled, destroyed or changed in such a manner that it no longer matches the description on the Certificate of Title, the title must be surrendered to the clerk of courts for cancellation. If the owner sells a dismantled, etc., vehicle to a salvage dealer or a junk yard, the Assignment on the back of a Certificate of Title must be filled out by the owner to the salvage dealer or junk yard and signed by the owner before a notary public

A Certificate of Title is not required for a utility trailer weighing less than 4,000 lbs. or a boat trailer. Commercial trailers or semi-trailers weighing in 4,000 pounds or more must have a Certificate of Title. To obtain license plates for a trailer less than 4,000 lbs., you must get a weight card from the license bureau and have the trailer weighed. To sell, transfer or mortgage commercial trailers or semi-trailers weighing 4,000 lbs. or more a Certificate of Title must be presented. All travel trailers are to be titled. There are no weight restrictions.

The owner of a manufactured home is required to obtain a Certificate of Title. All manufactured home titles must have a Tax Approval stamp from the county treasurer’s office where the manufactured home is located at the time of purchase.

Yes. The law defines recreational vehicles as vehicular portable structures designed and constructed to be used as temporary dwellings for travel, recreational and vacation use. RV’s are titled as travel trailers, motor homes, or truck campers, depending upon whether they are self-propelled, not self-propelled, or designed to be attached to a motor vehicle.

Beginning July 1, 1999 HB 611 requires that off-highway motorcycles and all-purpose vehicles must be titled in Ohio. Citizens who currently own one of these vehicles, but operate them on their own land, probably never needed a registration before, will not need a title. Upon the sale of these privately held vehicles, the new owner will need to obtain a title in their name in order to sell the vehicle. A completed Out-of State Inspection Form must accompany title applications, which may be obtained at a new car dealerships or any license agency.

You may use your motor vehicle as collateral for a loan, but always insist upon getting a Memorandum Certificate of Title in order to obtain license plates for said vehicle. Upon satisfaction of the mortgage, you will receive the original Certificate of Title from the lending institution properly discharged with the lien canceled by the Clerk of Courts.

No. You may only have someone sign in your absence if you have given him or her a notarized Power of Attorney. This form is available at all auto title offices or on our website under “Title Forms.”

A Certificate of Title is required on all boats 14 feet long or greater and all outboard motors 10 H.P. or greater. Canoes and kayaks do not require a title. A watercraft title may be obtained at any Clerk of Court’s office regardless of the location of the boat.

Effective January 1, 2000, watercrafts less than 14 feet in length with a permanently affixed mechanical means of propulsion of 10 HP or more will be required to be titled. If the watercraft was owned prior to January 1, 2000 a title is not required until it is sold, mortgaged or otherwise disposed of (ORC 1548.21).

If an automobile is purchased in Ohio that carries an out-of-state registration, it is not necessary for the seller to obtain an Ohio Certificate of Title prior to transfer. Notarization may be made by an Ohio notary public in good standing on the Certificate of Title from another state, provided the seller has a valid Certificate of Title and makes the proper assignment to you. Be sure the notary public’s seal is affixed.

If a motor vehicle is purchased in another state from a private party, it is necessary that the seller assign the title over to you and signs the same in the presence of a notary public. The notarization may be made by a notary public of that state or by and Ohio notary public. Be sure the notary public’s seal is affixed. If the car is registered in a non-title state, the seller’s Certificate of Registration with a notarized Bill of Sale is required.

Any vehicle transferred with an out-of-state title to an Ohio title must be physically inspected through an out-of-state vehicle inspection. The inspection fee is $3.50 and can be done at any BMV location. The location of inspection stations in Stark County may be obtained by calling the Clerk of Court’s Auto Title Department at (330) 451-7812.

According to the Ohio Sales Tax Law you must note the purchase price of the vehicle on the back of the Certificate of Title. The clerk of courts is required to collect tax for the state of Ohio based on this price. A resident of Stark County when purchasing a motor vehicle outside the state of Ohio must pay Stark County sales tax, which applies to the purchase of a car for use or storage in Ohio.

Section 4505.06 of the Ohio Revised Code requires Ohio Sales Tax, Use Tax and Title Fees be paid by CASH, CERTIFIED CHECK, CASHIER’S CHECK, TRAVELER’S CHECKS OR MONEY ORDERS to the clerk of courts before an application for an automobile title can be accepted. The Stark County Clerk of Court’s office accepts VISA/MASTERCARD/ATM Cards. PERSONAL (IN STATE) CHECKS ARE ACCEPTED.

The title offices provide passport application services by appointment.

Bring in the Certificate of Title, a certified copy of the death certificate and an acceptable form of identification to any Clerk of Courts Title Office. There is no limit to the amount of vehicles you can transfer; however, the combined value of these vehicles cannot exceed $65,000. In addition, you may transfer a watercraft and outboard motor by surviving spouse.