Athens County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Arbitration Report and Award
- 1 copy • Within 30 Days After Hearing
Brief, Memorandum, Motion
- 1 copy
Motion, Memorandum, Brief
- Upon Filing
Pleading, Motion
- 1 copy
Adjournments
- After notice to all parties, the judge may grant an extension for good cause by entry.
- Submitting a proposed continuance entry electronically before the upcoming court date and time does not guarantee approval.
- A continuance requires an order or journal entry, and a case may not be moved on the docket without an entry continuing it to a definite date and time.
- +18 more
Request must include
Communication
Phone
Page & Word Limits1 rule
Without prior leave of court, neither the appellant’s nor the appellee’s brief may exceed 35 pages in length, exclusive of the table of contents, table of authorities, and appendices. [App.R. 19] No reply brief may exceed 10 pages in length, exclusive of the table of contents, table of authorities, and appendices. [Loc.R. 10]
- Brief
- Up to 35 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Table of contents
- •Table of authorities
- •Appendices
Exception
More pages with leave of court
Document Format Requirements47 rules
Pleadings, motions, and applications must be legibly typed or printed, double-spaced, single-sided, have a two-inch blank first-page header, and be securely bound at the top.
- Line spacing
- Double
Formatting
- •Must be legibly typewritten or printed
- •Pages must be single-sided; double-sided filings are not permitted
Court's wording
Pleadings, motions, and applications shall be legibly typewritten or printed double spaced, single sided pages (No Double Sided Page Filings Permitted) on paper approximately 8 ', with a two inch blank margin header on the first page (for Clerk's time stamp) and be securely bound at the top
In the case of complaints with a space for the number, a blank space of at least three inches at the top of the first page shall be left for endorsement thereon by the clerk.
8.02 No pleading or motion shall be amended by interlineation or obliteration except upon express leave of the judge first obtained.
All objections to a magistrate's proposed decision must be in writing
• Any video and audio clips will also needed to be provided on a USB Drive to be admitted into evidence
Proposed orders shall be submitted in a Microsoft Word compatible format and shall reference the specific motions to which they apply.
No combination of PDF files in one transmission may accumulate to more than 25 megabytes (25MB) in size.
All electronically filed documents, pleadings and papers shall be filed with the Clerk in Portable Document Format (PDF) with the exception of proposed orders.
- File type
Formatting
- •Proposed orders are excepted from the PDF requirement
2. Font Style and Size. Documents created for e-Filing shall be double-spaced, in either Times New Roman or Ariel font style and at least 12-point type.
- Line spacing
- Double
1. Size of Filing. Submissions shall be limited to five megabytes (5MB) in size.
However, a copy of the same proposed order or document, hand-signed by the pro se party, shall also be filed, simultaneously and in PDF format, as an exhibit associated with the proposed order that is submitted in word format.
- File type
If a document requiring both a pro se party’s and the Judge’s signatures is e-filed, it must be in Word format and use the stated “s/ name” signature for the pro se party.
- File type
- Word
Court's wording
d. Pro-Se Signatures. If e-Filed, a document that needs to be signed by an unrepresented/pro se party but that also needs to be signed by the Judge shall be filed in word format, with the "s/ name" signature for the pro se party, as so signed by the filing party. (Ex: "/s/ Jane Doe Pro Se Litigant, per authorization, by John Smith, attorney").
All proposed orders must be uploaded in Microsoft Word Doc format for the system to utilize the above method. Any order sent in PDF Format may be rejected and sent back for correction.
- File type
- Word
A document containing a third party’s signature must be hand-signed and scanned into PDF format.
- File type
Formatting
- •The document must be hand-signed and scanned in
Court's wording
Third-Party Signatures. A document containing the signature of a third party who is not a party to the action (i.e., affidavit signed by a doctor, military affidavit signed by a staff member or company representative, etc.) shall be electronically filed only as a hand-signed scanned-in PDF document.
All exhibits shall be filed in PDF format and shall, to the extent possible, be tiled along with the motion or brief to which they apply.
- File type
Proposed orders and entries must be in Word format without embedded mail-merge fields or copied-and-pasted PDF picture boxes, except for legal descriptions submitted as part of foreclosure judgment entries.
- File type
- Word
Formatting
- •Do not embed mail merge fields
Court's wording
Proposed orders and entries shall be filed in word document format, with no mail merge fields embedded in the documents. Proposed orders/entries also cannot contain picture boxes, which are actually in PDF format, but have been copied and pasted into the word document (with the exception of legal descriptions, which are typically "attached" as exhibits to judgment entries in foreclosure cases, but are actually submitted as a part of the proposed judgment entries).
a. All motions shall be filed in a PDF format, and they may either be signed by hand and scanned-in or they may be signed electronically with the "/s/ name" electronic signature.
- File type
The face of the envelope containing such documents shall contain a conspicuous notation that it contains "DOCUMENTS UNDER SEAL" or the equivalent. It shall also contain the case caption, a descriptive title of the document (unless such information has been included among
Unless otherwise ordered, all documents that are covered by a protective or other order requiring that they be filed under seal shall be submitted to the Clerk for filing in a securely sealed envelope.
If ordered by the Court, deposition transcripts shall also be filed in paper using condensed or "minuscript"® format, or other court approved method, and single-sided copying.
- File type
- Paper
Formatting
- •Use single-sided copying
However, counsel must also present to the assigned Judge's chambers the original cognovit note, which shall be reviewed in paper format prior to the signing of the proposed cognovit judgment entry.
- File type
- Paper
- Original cognovit note
A filer who cannot file a document electronically because of a problem on the filer's end must file the document, in PDF format, through the public access computer stations in the Clerk's office.
- File type
Size of Filing. Submissions shall be limited to five megabytes (SMB) in size. No combination of PDF files in one transmission may accumulate to more than 25 megabytes (25MB) in size.
Documents created for e-filing must be double-spaced, use Times New Roman or Arial, and be at least 12-point, except for mandated forms.
- Font size
- At least 12 points
- Line spacing
- Double
Court's wording
Documents created for e-Filing shall be double-spaced, in either Times New Roman or Arial font style and at least 12-point type. An exception is made for state-mandated CSEA forms, civil protection order forms, or any other mandated court forms.
All electronically filed documents, pleadings and papers shall be filed with the Clerk in Portable Document Format (PDF) with the exception of proposed orders/entries.
- File type
Documents filed electronically with the Clerk that require an attorney's or a filer's signature shall be signed with a conformed signature of "/s/ (name)" (if not an actual physical signature).
Documents containing signatures of third parties (i.e., affidavits, stipulations, etc.) and signatures on waiver of service shall be electronically filed only as scanned-in' images with actual physical signatures.
Proposed orders and entries may be submitted as Word documents with the required Court signature placeholder or as PDFs without it, although PDF processing takes additional time.
Court's wording
Because proposed orders and entries submitted via the Court's e-Filing System may be documents signed electronically, the document must be a Microsoft Word document (doc or docx) and the signature line for the Court must have typed on it <{Magistrate Signature}> or <{Judge Signature}> or the submitted document will be rejected. Please refer to the template provided within the e-Filing system. Alternatively, proposed orders may be submitted in Adobe Acrobat (.PDF) form without "<{Magistrate Signature}>" or "<{Judge Signature}>" as the system only is able to insert a signature upon approval for documents created in Microsoft Word. Adobe submitted documents require the document to be downloaded, the signature added, and uploaded for processing which takes additional time.
You must file the original and four copies of every brief with the clerk of the Court of Appeals.
If needing to sign a form, do not try to create a “digital signature”. Typing /s/ and then your name is the acceptable way to sign a document electronically.
• Defense expected to mark exhibits with letters.
Formatting
- •Defense exhibits are expected to be marked with letters
• Plaintiff expected to mark exhibits with numbers.
Formatting
- •Plaintiff exhibits are expected to be marked with numbers
All electronically filed documents shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper pleadings and in any other format as the Court may require.
If filed in multiple parts, exhibits shall be clearly marked to identify which part of the submission they contain (Ex: "Exhibits A through J - Part 1 of 3").
Document Filing Requirements131 rules
A copy of the printer-payment receipt must be submitted to the Clerk with the precipe, unless the party is declared indigent by court order.
Court's wording
These costs must be paid in advance to the printer and a copy of the receipt for said payment is to be submitted to the Clerk with the precipe for service and/or publication unless the party is declared indigent by Court order and therefore shall be exempted from this requirement.
For publication service or a public-sale notice, proposed text must be submitted to an Athens County newspaper for setup and a cost determination.
Court's wording
When submitting a request for service by publication or for publication of public sale notice, the proposed text is to be submitted to a newspaper of general circulation in Athens County for set up and determination of printer's fee/publication costs.
The following information is deemed "personal and private" and may not be included in a public record: 1. Social Security number; 2. Full financial account number (it may be listed as e.g. " -- - _ 1234) and; 3. Any other information deemed personal and private by any federal or state statute, regulation, executive order, or court ruling.
and shall state the name of the court, county, and state, and shall state the name and address, if known, of each party.
After a case has been assigned to an individual judge, thereafter the Judge's name shall be typed in the caption.
- Placement
- Caption
Must include
- •Judge name
Each initial pleading, motion or application filed by the party shall bear the name, office address, telephone number, and email address of the attorney or law firm representing that party, if any, or similar information of the party filing the same if unrepresented, and the Supreme Court registration number of the attorney representing the party.
The petition shall contain the caption of the particular case.
- Document
- Petition
Must include
- •Caption
Pleadings filed subsequent to the complaint, including motions and applications, shall state the number of the cause, the name of the first party plaintiff and the first party defendant on each side.
The separate envelope containing personal and private information must bear the stated non-public-information notice.
Court's wording
The information will be kept in a separate envelope within the case file marked as follows: The enclosed personal and private information has been deemed by the court as non-public. It is for the use of the court, attorneys of record listed in the case, and the clerk of court's office only. Any other person must have a court order to view the contents of this envelope. Violation of this court shall be contempt of court.
The copy not containing personal and private information (for the public file) will have the notion "redacted" at all places in the document where such information was removed.
- Document
- Public journal entry
Include
- •Redacted
A completed Designation Form must accompany the initial filing of every action; copies are available from the Clerk of Courts.
Court's wording
As a result of the Ohio Supreme Court's statistical reporting requirements, a completed Designation Form shall accompany the initial filing of all actions. (See form attached entitled Designation Form to Be Used by Counsel to Indicate the Category of the Cause.) Copies of this form are available from the office of the Clerk of Courts.
Upon the face of the complaint there shall appear a general statement as to the type or kind of action.
The caption of the first pleading adding a new party must give the new party’s name and address and identify the party as a new plaintiff or defendant.
- Document
- First pleading adding new party
- Placement
- Caption
Court's wording
When a new party plaintiff or defendant is added to a case after the commencement thereof, the caption of the first pleading in which or after which such new party is added shall contain the name of such new party, together with his, her, or its address followed by the specific designation of new party plaintiff or new party defendant as is applicable.
10.01 All motions shall be accompanied by a brief or memorandum stating the grounds thereof and citing the authorities relied upon.
Unless the court otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered, shall within seven days thereafter prepare the proper journal entry and include instructions to the Clerk for service.
If counsel are unable to agree upon the entry, their respective entries shall be submitted to the judge or magistrate who will direct what entry shall be made.
When an individual defendant who was served with summons fails to answer, the plaintiff must file an SCRA-compliant affidavit by the trial, default-hearing, or final-disposition date.
Court's wording
In any action or proceeding in which an individual who is a defendant has been served with summons, but has failed to answer, the plaintiff shall on or before the trial day or other date of default hearing or final disposition in such action or proceeding file with the court an affidavit in compliance with Servicemembers Civil Relief Act of 2003 and its amendments.
Pre-trial motions must be filed in accordance with Criminal Rule 12(C).
Court's wording
1. The assignment commissioner shall schedule all pre-trial motions, to be filed in accordance with Criminal Rule 12(C), and shall complete appropriate Journal Entry, to be prepared and distributed by movant's counsel.
A movant shall also file an Ohio Supreme Court Affidavit of Income and Expenses (found on their website at https://www.supremecourt. ohio.gov/), form with any post- decree motion involving support.
In any initial action or post-decree motion involving child support, an Ohio Supreme Court Affidavit of Health Insurance (found on the Ohio Supreme Court website https://www.supremecourt.ohio.gov/) and a child support worksheet shall be filed.
An Ohio Supreme Court Affidavit of Income and Expenses must accompany specified dissolution, divorce, legal-separation, answer, or counterclaim filings, unless there is no support issue and the plaintiff or petitioner files a waiver.
Court's wording
An Ohio Supreme Court Affidavit of Income and Expenses (found on their website at https://www.supremecourt.ohio.gov/), shall accompany the filing of a dissolution petition, action for divorce, legal separation, or the filing of an answer or counterclaim to the aforementioned, unless no support issue is involved and the plaintiff or petitioner files a Waiver of the Financial Disclosure Affidavit.
In domestic actions involving parental-rights allocation, shared parenting, or visitation, both parties must file an affidavit complying with R.C. 3109.27.
Court's wording
In all domestic actions involving allocation of parental rights and responsibilities, shared parenting or visitation, both parties shall file an affidavit complying with R.C. Section 3109.27, copies of which shall be served on the opposing party as required by the Rules of Civil Procedure.
When there are minor or dependent children involved, every dissolution petition, complaint for divorce or legal separation, or post-decree motion or pleading shall state each party's date of birth in the case caption.
- Document
- Dissolution petition divorce legal separation or post-decree pleading
- Placement
- Caption
Alternatively, the parties shall complete Court approved online course at their own expenses and provide proof of completion to the Court by way of certificate or other Court approved means.
Counsel filing dissolution of marriage actions shall provide a copy of the instructional letter to both parents to the action.
At the time of filing, the Clerk of Courts shall provide a copy of the instructional letter to counsel for delivery to the plaintiff or movant and to pro se litigants.
The Clerk must include an instructional letter with service of process in the specified divorce, legal separation, and post-decree matters.
Court's wording
An instructional letter shall be included by the Clerk of Courts with service of process in each action for divorce or legal separation in which there are minor children and in each post-decree motion involving visitation or reallocation of parental rights and responsibilities.
A written objection to a document’s introduction must set forth the particular legal objection raised.
Court's wording
Unless the party opposing introduction of the document into evidence files a written objection to the introduction of that document at least seven (7) days before the hearing, setting forth the particular legal objection raised;
Supporting affidavits must contain sufficient evidence to allow the Court to make a determination regarding the orders requested.
All requests that a party be named temporary residential parent and legal custodian must either provide for visitation or request that such be denied based upon facts set forth in the affidavit.
If requesting exclusive use of the marital residence, the affidavit must contain the names and family relationship of all present occupants of the home.
If an award of parental rights will result in removal of a child from the marital residence, give the address and school district, if applicable, to which the child is being taken and, if applicable, the name and address of a new child care provider.
Pretrial statements submitted at the conference must address the listed discovery, settlement, issues, stipulations, trial exhibits, financial records, witnesses, parental-rights, child-support, spousal-support, property-division, and property-listing matters, with the specified attachments and details.
Court's wording
At the conference, pretrial statements shall be submitted, with any social security numbers and other identifying personal and account information redacted in accordance with Local Rule 5.01(B). Any paper copies produced to opposing counsel or pro se party with such redacted information shall be provided to the Court without redaction which shall be kept in a separate non-public file: 1. Status of discovery and settlement negotiations; 2. Statement of issues involved; 3. Matters stipulated; 4. Exhibits to be used at trial (attach copies); 5. Financial documentation - at a minimum, include Federal Income Tax return for prior year plus attachments, paycheck stubs from previous six months, and bank statements for previous six months; 6. Names and addresses of witnesses to be called at trial (separate expert from lay witnesses and specify expert's field of expertise); ATHENS COMMON PLEAS COURT LOCAL RULES 7. If allocation of parental rights and responsibilities is contested, statement justifying award; 8. If relevant, suggested child support level and visitation schedule -attach copy of child support computation worksheet per child support guidelines and suggested visitation schedule; 9. If spousal support is requested, needs of payee and ability of payor to meet requests; 10. Suggested property division; 11. List of personal and real property, including fair market value, appraised value, deeds, legal description, etc.
A temporary order must contain the quoted notice; an objection may be filed by proper motion and counter affidavit within 14 days.
Court's wording
'¿This order is granted upon application of (plaintiff/defendant) supported by affidavit. Objection to the order may be made by a proper motion and counter affidavit filed with the Court within fourteen (14)days, pursuant to Ohio Civil Rule 75(N)(2)."
Upon the filing of such a request, the Assignment Commissioner/Court Reporter for the Domestic Relations Division will estimate the cost of the transcript and file a Notice of Request for Transcript granting an extension of time in which to file objections until the fourteenth day following the filing of a completed transcript.
Filing & Service rules
Electronic Filing Rules
Pleadings and other papers must be e-filed according to the Clerk of Courts website directions and separate administrative orders, unless exempted or required to be filed by hand.
Pleadings and other papers shall be filed with the Clerk of Courts by e-filing by following the directions on the Athens Common Pleas Clerk of Courts website and complying with the requirements of e-filing set forth by separate administrative orders unless exempted or required to be filed by hand.
Page 6 | RULE 5.05
Filers must comply with the Domestic Relations Division's electronic-filing administrative order and its amendments.
Filers must also comply with Athens County Court of Common Pleas Domestic Relations Division Administrative Order Re: Electronic Filing of Court Documents, filed 2020, and any amendments thereto which are incorporated herein as if fully rewritten.
Page 20 | 24.01 SECURITY FOR COSTS
Pleadings and other papers must be e-filed according to the Clerk’s website directions and the applicable administrative order, unless exempted or required to be filed by hand.
Pleadings and other papers, shall be filed with the Clerk of Courts by e-filing by following the directions on the Athens Common Pleas Clerk of Courts website and complying with the requirements of e-filing set forth by the Athens County Common Pleas Court, Domestic Relations Division Administrative Order Re: Electronic Filing of Court Documents unless exempted or required to be filed by hand.
Page 21
Mandatory e-filing began for all divorce case types, with and without children, on June 1, 2020.
On June 1, 2020, the Athens County Clerk of Courts and the Athens County Common Pleas Court Division of Domestic Relations began mandatory e-Filing for all divorce case types (with and without children).
Page 69 | APPLICATION AND SCOPE OF ADMINISTRATIVE ORDER
Mandatory e-filing was to begin January 1, 2021, for the listed civil case types, subject to the stated exclusions.
The Athens County Common Pleas Court will then implement mandatory e-Filing for the following case types as outlined below: Civil Case Type Mandatory e-File "Go-Live" Date Foreclosure January 1, 2021 Professional Tort January 1, 2021 Products Liability January 1, 2021 Personal Injury January 1, 2021 Other Civil including any commercial January 1, 2021 docket and cognovit, but excluding civil stalking, domestic violence, or sexually- oriented offense protection orders Workers Compensation January 1, 2021 Administrative Appeals January 1, 2021 Complex Litigation January 1, 2021 All other case types except for petitions for January 1, 2021
Page 69 | APPLICATION AND SCOPE OF ADMINISTRATIVE ORDER
All party and non-party filers must e-file documents in mandatory e-File case types unless specifically excluded by the Order.
This Administrative Order applies to all filers (party filers and non-party filers). Any and all persons or entities who need to file anything in a mandatory e-File case type, unless specifically excluded herein, shall file their documents electronically, as outlined herein.
Page 70 | APPLICATION AND SCOPE OF ADMINISTRATIVE ORDER
Case types designated as mandatory e-File by a supplemental order or local rule must be filed electronically after that designation takes effect.
If necessary, the Court may issue additional administrative orders or adopt local rules that supplement this Order and designate various other case types as mandatory e-File case types. Case types so designated shall be filed electronically after the effective date of such supplemental order or local rule.
Page 70 | APPLICATION AND SCOPE OF ADMINISTRATIVE ORDER
Civil: All civil cases designated as follows shall be mandatory e-File cases: Professional tort, product liability, other torts, workers' compensation, foreclosure, administrative appeal, complex litigation and other civil cases; excluding civil stalking, domestic violence or sexually-oriented offense protection orders.
Civil: All civil cases designated as follows shall be mandatory e-File cases: Professional tort, product liability, other torts, workers' compensation, foreclosure, administrative appeal, complex litigation and other civil cases; excluding civil stalking, domestic violence or sexually-oriented offense protection orders.
Page 72 | O. Case Types - Mandatory and Non-Mandatory
People represented by an attorney must register to use the Court's e-Filing System and file their documents electronically in mandatory e-File cases.
Persons represented by an attorney are mandatory filers and shall electronically file their documents by registering to use the Court's e-Filing System.
Page 72 | III. ELECTRONIC FILING IN MANDATORY E-FILE CIVIL CASE TYPES
The other cases, including those docketed BR, TL, TF, CQE, and CJ, must be e-filed, except title petitions and garnishment proceedings.
All other cases including those docketed 'as BR, TL, TF, CQE, CJ shall also be mandatory e-File cases (except for petitions for court-ordered motor vehicle and watercraft titles, and garnishment proceedings).
Page 72 | O. Case Types - Mandatory and Non-Mandatory
Beginning on the applicable go-live dates, the listed documents in designated mandatory e-File cases must be filed through the e-Filing System.
Pursuant to the schedule listed in Section I and as of the "go-live" dates listed therein, all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders and other documents submitted in designated mandatory e-File case types shall be filed electronically through the e-Filing System.
Page 72 | III. ELECTRONIC FILING IN MANDATORY E-FILE CIVIL CASE TYPES
Except for the Section XI exceptions, the Clerk will not accept paper filings in mandatory e-File case types.
Subject to the exceptions listed in Section XI, the Clerk shall not accept for filing or file any documents in paper format in mandatory e-File case types.
Page 72 | III. ELECTRONIC FILING IN MANDATORY E-FILE CIVIL CASE TYPES
Facsimile filing stopped for the listed civil case types as of the dates shown, subject to the stated exclusions.
As of the dates listed below, the Clerk stopped accepting any documents for filing via facsimile in these case types: Civil Case Type Last Day for Facsimile Filing Foreclosure January 1, 2021 Professional Tort January 1, 2021 Products Liability January 1, 2021 Personal Injury January 1, 2021 Other Civil including any commercial January 1, 2021 docket and cognovit, but excluding civil stalking, domestic violence, or sexually- oriented offense protection orders Workers Compensation January 1, 2021 Administrative Appeals January 1, 2021 Complex Litigation January 1, 2021 All other case types except for petitions for January 1, 2021 court ordered motor vehicle and watercraft titles, and garnishment proceedings
Page 73 | Civil Case Type Last Day for Facsimile Filing
Facsimile filing stopped for all criminal cases as of the listed last day, December 31, 2020.
Criminal Case Type Last Day for Facsimile Filing All cases December 31, 2020
Page 73 | Criminal Case Type Last Day for Facsimile Filing
Documents mailed by an attorney for filing are returned with instructions to register and submit them electronically.
If the Court or Clerk receives, via mail, documents to be filed from an attorney, the documents will be returned to the filer with instructions on how to register as a user of the e-Filing System and how to submit the documents electronically.
Page 73 | B. DOCUMENTS RECEIVED BY MAIL OR FACSIMILE FROM ATTORNEYS.
Anyone filing in a mandatory e-File case type must be registered in the e-Filing System unless a local rule exempts them.
All persons filing documents in case types designated as mandatory e-File case types shall be registered as users in the e-Filing System unless exempted by local rule.
Page 73 | IV. REGISTERED USERS AND AUTHORIZATION IN MANDATORY E-FILE CASE TYPES
Represented parties in assigned e-File cases must promptly enable counsel to perform the listed electronic case-document actions, and parties filing electronically or receiving electronic service become system participants.
Parties to an assigned e-File case, who are represented by counsel, shall promptly take steps to allow their counsel to file, serve, receive, review and retrieve copies of the pleadings, orders and other documents filed in the case(s) electronically. By definition, parties filing electronically or receiving electronic service of any documents filed shall become participants in the e-Filing System.
Page 74 | E. AUTHORIZATION.
Pro se litigants are exempt from mandatory e-filing and may file paper documents with the Clerk.
Pro-se litigants (persons representing themselves without an attorney) are exempted from mandatory e-Filing and may file in the traditional method of providing their paper documents to the Clerk for filing.
Page 75 | Rule 6. Papers on File with the Clerk
The signer must be the person whose username and password file the document, except that someone else may e-file a pro se inmate’s civil filing after the inmate signs it by hand.
The attorney/filer who signs the electronically filed document shall be the attorney/filer whose unique username and password are used to file the document, with the exception of a pro se inmate filing in a civil action, who may have someone else electronically file the document on their behalf, after the document has been signed by hand by the inmate litigant.
Page 76 | 3. Signatures
Documents bearing a nonparty’s signature must be electronically filed as hand-signed, scanned PDFs.
Third-Party Signatures. A document containing the signature of a third party who is not a party to the action (i.e., affidavit signed by a doctor, military affidavit signed by a staff member or company representative, etc.) shall be electronically filed only as a hand-signed scanned-in PDF document.
Page 77 | Third-Party Signatures
The Court must issue, file, and serve court-created documents electronically through its e-Filing System in all e-File case types, subject to local rules.
In all e-File case types, the Court shall issue, file and serve all notices, decisions, orders and other documents that are created by the Court electronically, through the Court's e-Filing System, subject to the applicable provisions in the Court's local rules.
Page 81 | Electronic Filing and Electronic Service by the Court of Court-Created Documents
The listed document types must be filed conventionally unless the Court expressly requires electronic filing.
Notwithstanding the foregoing, the following types of documents shall be filed conventionally, unless expressly required to be filed electronically by the Court.
Page 84 | L. CONVENTIONAL FILING OF DOCUMENTS
A declared vexatious litigator may not e-file and may file on paper only after obtaining the assigned Judge's permission for that case.
Individuals who have been declared vexatious litigators pursuant to RC. §2323.52 will not be permitted to file documents electronically. The e-Filing System will not provide an individual who has been declared a vexatious litigator with a username and password to access the system. A vexatious litigator may only file in paper format, provided he/she has first obtained permission from the assigned Judge to file in that case.
Page 85
Records of proceedings in administrative appeal case types must be filed in conventional paper format.
Currently, the records of proceedings filed in administrative appeal case types shall be filed in conventional paper format.
Page 85
Filing Timing and Cure Windows
The application fee must be paid to the Clerk within seven days after the affidavit of indigency or financial disclosure form is submitted.
The fee shall be paid to the Clerk within seven (7) days of submitting an affidavit of indigency/financial disclosure form.
Page 4 | RULE 3. SECURITY FOR COSTS
When no law or other rule sets the deadline, a pleading or amended pleading must be filed by the fourteenth day after the entry requiring or granting leave, unless the entry specifies otherwise and it is approved by the authority identified in the complete rule.
In all cases where the time for the filing of pleadings or amended pleadings is not fixed by law or another rule, the pleading or amended pleading shall be filed on or before the fourteenth day after the date of the entry requiring or granting leave for the filing of such pleading or amended pleading, unless otherwise specified in the entry and approved by the
Page 6 | RULE &. RULE DAYS NOT FIXED BY LAW
An opposing party must move or plead in response no later than the fourteenth day after a pleading or amended pleading is filed.
Any opposing party shall move or plead to the pleadings or amended pleadings so filed on or before the fourteenth day after such pleading or amended pleading is filed.
Page 7 | Rule 8
For covered time periods, exclude the triggering day, extend a last day falling on a weekend, legal holiday, or specified closure, exclude intervening weekends and legal holidays for periods under seven days, and allow an act to be done the next qualifying day when the public office is closed.
a) In computing any period of time prescribed or allowed by these rules, by the local rules of any court, by order of court, or by any applicable statute, the day of the act, event, or detault from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, a legal holiday, or closed by court or government action, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. When a public office in which an act, required by law, rule, or order of court, is to be performed is closed to the public for the entire day which constitutes the last day for doing such an act, or before its usual closing time on such day, then such act may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday.
Page 7 | Rule 8
The adverse party's counsel must approve or reject and return the entry within five days of receipt; if counsel does not act in time, the preparer must submit it to the court with a notation of when it was presented.
Said counsel shall submit the entry to counsel for the adverse party, who shall approve or reject the same within five days after the receipt thereof and return to the submitting attorney or the assignment commissioner for the judge's signature. Upon failure of the adverse party to act upon the entry in the specified time, its preparer shall submit it to the court for approval with a notation as to when it was presented to the adverse party.
Page 8 | RULE 11. ENTRIES
If an agreement is reached and placed on the record, the entries must be prepared, circulated, and submitted to the Court within fourteen days unless the Court directs otherwise.
If an agreement has been reached by the parties and is placed on the record, entries shall be prepared and circulated and submitted to the Court within fourteen (14) days of placing the agreement on the record unless the Court directs otherwise.
Page 8 | RULE 11. ENTRIES
Unless the court directs otherwise, counsel for the prevailing party must prepare the journal entry within seven days after the order, decree, or judgment is rendered.
Unless the court otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered, shall within seven days thereafter prepare the proper journal entry and include instructions to the Clerk for service.
Page 8 | RULE 11. ENTRIES
The SCRA affidavit must be filed no later than the trial day, default-hearing date, or final-disposition date, as applicable.
In any action or proceeding in which an individual who is a defendant has been served with summons, but has failed to answer, the plaintiff shall on or before the trial day or other date of default hearing or final disposition in such action or proceeding file with the court an affidavit in compliance with Servicemembers Civil Relief Act of 2003 and its amendments.
Page 9 | RULE 17. SERVICEMEMBERS CIVIL RELIEF ACT (SCRA)
A magistrate's proposed decision must be prepared and filed within five business days of the hearing, unless waived or tried to the bench.
Within five (5) business days of hearing, a magistrate's proposed decision is prepared and filed unless waived or tried to bench.
Page 12 | 20.03 DOMESTIC RELATIONS CASE MANAGEMENT PLAN — (A) Dissolution
The assignment commissioner must prepare appropriate R.C. 3121.03 orders within five business days after the decree is prepared.
The assignment commissioner prepares appropriate R.C. 3121.03 orders within five (5) business days of decree's preparation.
Page 13 | Clerical Step 4
If the proposed decision is waived or the matter is heard by a judge, the decree of divorce must be prepared within five business days of the hearing.
If proposed decision waived or hearing by judge, a decree of divorce shall be prepared within five (5) business days of hearing.
Page 13 | Judicial Step 2
Unless waived or tried to a judge, the magistrate's proposed decision must issue within 28 days after the hearing.
Unless waived or tried to judge, a magistrate's proposed decision shall issue within twenty-eight (28) days after date of hearing.
Page 13 | Judicial Step 2
When the petitioner requests that the respondent vacate the home, the assignment commissioner must schedule a hearing within seven court days after the petition is filed.
If petitioner requests that respondent vacate home, the assignment commissioner shall schedule a hearing within seven (7) court days of the filing of the petition.
Page 13 | Domestic Violence
The assignment commissioner must schedule a pre-trial conference no later than 60 days after a responsive pleading is filed.
If a responsive pleading is filed within rule, the assignment commissioner shall schedule a pre-trial conference no later than sixty (60) days after a responsive pleading is filed.
Page 13
If the proposed decision is waived or the matter is tried to the bench, a judgment entry must be prepared within five business days.
If waived or tried to bench, a judgment entry is prepared within five (5) business days.
Page 13 | Domestic Violence
If no request is made for the respondent to vacate the home, the assignment commissioner must schedule a hearing within ten court days.
If no request for vacation, then the assignment commissioner shall schedule a hearing within ten (10) court days.
Page 13 | Domestic Violence
If the Court files an entry requesting changes to shared-parenting plans, the parties must file the changes within 14 days of the entry.
If an entry requesting changes is filed by the Court, the party/parties shall file such changes within fourteen (14) days of the Court's entry.
Page 14 | Special Circumstances - Shared parenting
If the proposed decision is waived or the matter is heard by a judge, a judgment entry must be prepared within five business days of the hearing.
If proposed decision waived or heard by judge, judgment entry shall be prepared within five (5) business days of hearing.
Page 14 | Post-Decree Motions
The child support enforcement agency must prepare appropriate R.C. 3121.03 orders within 15 business days after the judgment entry is filed.
The child support enforcement agency prepares appropriate R.C. 3121.03 orders within fifteen (15) business days of judgment entry's filing.
Page 14 | Domestic Violence
Unless waived or tried to a judge, the magistrate's proposed decision must issue within 28 days after the hearing.
Unless waived or tried to judge, a magistrate's proposed decision shall issue within twenty-eight (28) days after day of hearing or
Page 14 | Post-Decree Motions
When shared parenting is requested, the judge or referee must rule within 28 days after a plan is filed and issue findings of fact and conclusions of law if required.
If one or both parties have requested shared parenting, the judge/referee shall rule upon the request within twenty-eight (28) days of a plan (or plans) being filed and issue findings of fact and conclusions of law, if required.
Page 14 | Special Circumstances - Shared parenting
The arbitrators’ names must be submitted to the Court within 60 days after the medical malpractice complaint is filed.
The name of plaintiff's(s') arbitrator and defendant's(s') arbitrator shall be submitted to the Court within sixty (60) days after a medical malpractice complaint is filed.
Page 15 | RULE 21. MEDICAL MALPRACTICE ARBITRATION; 21.02 SELECTION OF ARBITRATORS AND MANNER OF APPOINTMENT
Objections may be submitted 14 days before the arbitration hearing for the panel to consider when weighing the evidence.
It shall give such weight as the panel deems is justified after consideration of any objections which may be submitted fourteen (14) days prior to the arbitration hearing, but shall not be admitted into evidence at trial if the decision of the arbitration panel is not accepted by the parties
Page 16 | RULE 21. MEDICAL MALPRACTICE ARBITRATION; 21.08 CONDUCT OF HEARING: GENERAL POWERS
The panel chairperson must file the written report and award and provide a duplicate to the judge within 30 days after the hearing.
Within thirty (30) days after the hearing, the panel chairperson shall file a written report and award with the Clerk of the Court of Common Pleas and provide a duplicate copy to the judge.
Page 17 | 21.13 REPORT AND AWARD
Service and Proof of Service Rules
When filing a pleading or motion for service by the Clerk of Courts, the filer must provide the clerk with a true copy for each party-defendant along with the original.
Upon the filing of a pleading or motion to be served by the Clerk of Courts, the person filing the same shall submit to the clerk, along with the original, a true copy thereof for each party-defendant for service according to law.
Page 6 | RULE 7. SERVICE OF COPIES AND NOTICE
A true copy of each subsequent pleading, motion, or other paper must be served as provided by law.
A true copy of each subsequent pleading, motion, or other paper filed in any cause shall be served as provided by law.
Page 6 | RULE 7.02
An attorney may withdraw only with court leave on a motion served on all parties of record and upon a showing of good cause.
An attorney may withdraw from a case only with leave of court upon motion, served upon all parties of record, and for good cause shown.
Page 7 | RULE 9. COUNSEL OF RECORD AND DUTY UPON WITHDRAWAL
After the last publication, the publisher or agent must file an affidavit of publication and a copy of the publication notice with the Court; together, they constitute proof of service.
1 After the last publication, the publisher or agent shall file with the Court an affidavit showing publication was made, and a copy of the notice of publication. Both the affidavit and copy of the notice shall constitute proof of service.
Page 12 | 20.03 DOMESTIC RELATIONS CASE MANAGEMENT PLAN — (B) Divorce
Counsel must attach the Notice of Hearing to the papers served on the respondent.
Counsel attaches the Notice of Hearing to the papers served upon respondent.
Page 14 | Post-Decree Motions
On the day the report and award are filed, the chairperson must mail or otherwise forward copies to all parties or their counsel.
On the same day, the chairperson shall also mail or otherwise forward copies thereof to all. parties or their counsel.
Page 17 | 21.13 REPORT AND AWARD
A party making amendments must serve all other parties under the Ohio Rules of Civil Procedure.
Any party making such amendments shall serve all other parties pursuant to the Ohio Rules of Civil Procedure.
Page 18 | 21.16 TIME LIMIT TO AMEND PLEADINGS
Copies of the R.C. 3109.27 affidavit must be served on the opposing party as required by the Rules of Civil Procedure.
In all domestic actions involving allocation of parental rights and responsibilities, shared parenting or visitation, both parties shall file an affidavit complying with R.C. Section 3109.27, copies of which shall be served on the opposing party as required by the Rules of Civil Procedure.
Page 20 | 24.02 INITIAL PLEADING REQUIREMENTS
In a divorce proceeding, each party must disclose the specified information and documents to the other party within 28 days after an answer or counterclaim is filed.
(A) In a divorce proceeding each party has the affirmative duty, within twenty-eight (28) days of the filing of an answer or counterclaim, to disclose to the other party the following information and documents:
Page 21 | 24.21 MANDATORY DISCOVERY
Documents must be provided to opposing counsel at least 14 days before the hearing.
Documents shall be provided to opposing counsel at least 14 days before hearing.
Page 22 | 24.21 MANDATORY DISCOVERY
Copies of objections must be provided to the opposing party and the Court.
Copies of objections must be provided to the opposing party and the Court.
Page 28 | 24.07 OBJECTIONS TO MAGISTRATE'S PROPOSED DECISION
For objections involving the Child Support Enforcement Agency, a copy must also be provided to the Agency.
If the objection relates to a proceeding involving the Child Support Enforcement Agency, a copy must also be provided to the Agency.
Page 28 | 24.07 OBJECTIONS TO MAGISTRATE'S PROPOSED DECISION
The Agency must notify the obligor by a method of service authorized under the Civil Rules that support payments due after service must be paid to the CSPC.
The Agency shall notify the obligor, by any method of service authorized under Civil Rules to make all support payments due after service to the CSPC.
Page 31 | 25.07
A represented or self-represented party filing a potentially modifying child-support motion or contempt charges must provide the Agency copies of the filing, hearing or continuance notices, and any objections.
A party independently represented by counsel or proceeding pro se who files either a motion that has the possibility of modifying an existing child support order or charges in contempt relative to a child support order shall provide the Athens County Child Support Enforcement Agency a copy of either the motion or the charges in contempt, all notices regarding hearings or continuances, and copies of any objections filed.
Page 32 | 26.03 OTHER PROCEDURES
Prospective jurors must be notified by regular mail through issuance of a summons.
All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons.
Page 36 | 29.03 RANDOM SELECTION PROCESS
The Clerk must serve the petitioner with written notice of the Court's decision and judgment entry.
The Clerk shall serve a written notice on the Petitioner of the Court's Decision and Judgement Entry.
Page 48 | 31.9
The Court must send appropriate notice and response forms to the county Prosecuting Attorney.
The Court shall also send appropriate notice and response forms to the Prosecuting Attorney of this county.
Page 48 | 31.6
The Court must mail notice and response forms to each identified court with a certificate of mailing and a stamped return envelope.
The Court shall send appropriate notice and respond forms to each court so identified by U.S. mail, with a certificate of mailing, and include a stamped return envelope.
Page 48 | 31.6
The Clerk must notify the DRC electronically of the petition's disposition and, if granted, order the DRC to issue the CQE to the petitioner.
The Clerk shall also notify the DRC electronically of the disposition of the petition as required under the Administrative Rules, and, if granted, order the DRC to issue the CQE to Petitioner.
Page 48 | 31.9
You must serve an answer to the money claim on the plaintiff's attorney, or the plaintiff if unrepresented, within 28 days after service of the summons, excluding the day of service.
You are required to serve upon the plaintiff's attorney, or upon the plaintiff, ifthey have no attorney ofrecord, a copy of an answer to the claim for money within twenty-eight days after service of this summons on you, exclusive ofthe day of service.
Page 61 | SUMMONS IN ACTION IN FORCIBLE ENTRY AND DETAINER
When electronically submitting a Complaint or Third-Party Complaint, the filing party must request service through the e-Filing System; the Clerk processes the requested method, and e-Service does not replace service methods required by the applicable rules.
When submitting any Complaint or Third-Party Complaint for electronic filing, the filing party shall also request service through the e-Filing System in accordance with the Ohio Rules of Civil Procedure. The Clerk shall issue a summons and process the method of service requested in accordance with the applicable Rules of Procedure. E-Service shall not replace the methods of service of pleadings prescribed in the applicable Rules of Procedure.
Page 81 | 1. Service of Original Complaint or Third-Party Complaint
The Court must serve paper copies of court-created documents on pro se litigants and parties who are not registered e-Filing System users.
The Court shall serve pro se litigants and parties who are not registered users of the Court's e-Filing System with paper copies of all notices, decisions, orders and other documents that are created by the Court.
Page 81 | Electronic Filing and Electronic Service by the Court of Court-Created Documents
For filings after the pleadings in an e-File case, the filing party must serve all other parties and electronically serve registered users through the Court's authorized system, subject to Section A exceptions.
Subject to the exceptions noted in Section A below, it shall be the responsibility of the filing party to serve all filings subsequent to the pleadings on all other parties in an e-File case. The filing party shall make service upon all other registered users of the e-Filing System electronically via the Court's authorized e-Filing System.
Page 81 | K. Electronic Service of Filings and Other Documents
When the specified pleadings or a Court Order, Rule, or service instructions require paper copies, the Clerk must produce the service copies instead of requiring the parties to furnish them.
When serving a pleading as outlined in Section (a) above, or if directed by Court Order, Rule or service instructions to serve paper copies of any other court documents, the Clerk shall cause service copies to be produced in lieu of service copies being furnished by the parties.
Page 82 | Service Copies
Filing Fees and Waivers
A $100 filing fee is required in garnishment proceedings.
A filing fee of $100.00 shall be required in garnishment proceedings
Page 3 | RULE 3. SECURITY FOR COSTS
The deposit is due at filing unless the Court determines that the party qualifies as indigent under R.C. 2323.311.
This deposit shall be paid at the time of filing, unless the Court determines that the party qualifies as an indigent litigant as set forth in R.C. 2323.311.
Page 3 | RULE 3. SECURITY FOR COSTS
A $200 security deposit is required for civil actions, counterclaims, and crossclaims involving up to five defendants, except in domestic-relations and foreclosure cases.
A deposit of $200.00 is required as security for costs to initiate a civil action, counterclaim and crossclaim (up to 5 Defendants and $225.00 for six Defendants or more) except in domestic relations cases and foreclosure cases.
Page 3 | RULE 3. SECURITY FOR COSTS
The appropriate deposit must be paid when the complaint or other pleading is filed, unless the party is determined to be indigent.
The appropriate deposit shall be made at the time of filing the complaint or other pleading with the Clerk of the Common Pleas Court, unless determined to be indigent.
Page 3 | RULE 3. SECURITY FOR COSTS
A $600 deposit is required to initiate a foreclosure action involving up to five defendants.
A deposit of $600.00 is required to initiate a foreclosure action (up to 5 Defendants and $625.00 for six Defendants or more).
Page 3 | RULE 3. SECURITY FOR COSTS
A $150 deposit is required to reopen a civil action.
and a $150.00 deposit is required to re-open a civil action.
Page 3 | RULE 3. SECURITY FOR COSTS
Publication costs must be paid to the printer in advance, unless the party is declared indigent by court order.
These costs must be paid in advance to the printer and a copy of the receipt for said payment is to be submitted to the Clerk with the precipe for service and/or publication unless the party is declared indigent by Court order and therefore shall be exempted from this requirement.
Page 3 | RULE 3. SECURITY FOR COSTS
After a case is closed, the Clerk will not accept another complaint or pleading in that case if previously incurred costs remain unpaid, unless the costs are waived for indigency or the party is current on a payment plan.
Once a case is complete and closed out by the Clerk, no additional complaint/pleading will be accepted for filing by the Clerk where the party seeking the filing of said action has failed to pay costs previously incurred in that case unless costs are waived due to the indigency of the party or the party is current with their payment plan on said case.
Page 4 | RULE 3. SECURITY FOR COSTS
A new action in an unrelated case cannot be refused for filing because the party failed to pay costs in a previous unrelated case.
A new action in an unrelated case cannot be refused for filing for due to a party failing to pay on a previous unrelated case.
Page 4 | RULE 3. SECURITY FOR COSTS
A person requesting a public defender or appointed counsel must pay a $25 upfront application fee per case.
All persons requesting a public defender or appointed counsel shall be assessed an up- front application fee of $25.00 per case, in accordance with R.C. 120.36.
Page 4 | RULE 3. SECURITY FOR COSTS
A party requesting a transcript must deposit security for its costs in an amount determined by the court reporter or designee.
In any cause in which a transcript of the proceedings is requested by a party, such party shall deposit with the court reporter, or other person designated by the judge, security for the costs of said transcript. The deposit amount shall be determined by the court reporter or such person after consideration of the nature and amount of work required.
Page 9 | RULE 16. DEPOSIT FOR TRANSCRIPT COSTS
A filing fee of $375 is required in domestic relations cases with children, and $325 in cases without children.
A) A filing fee of $375 is required in all domestic relations cases with children and $325 in all domestic relations cases without children.
Page 19 | 24.01 SECURITY FOR COSTS
B) The filing fee shall be made at the time of filing the complaint or petition with the Clerk of the Common Pleas Court.
B) The filing fee shall be made at the time of filing the complaint or petition with the Clerk of the Common Pleas Court.
Page 19 | 24.01 SECURITY FOR COSTS
Applications or motions to reopen a domestic relations case or modify an order require a $175 fee, except motions to modify parental rights require $275.
All applications or motions to re-open a domestic relations case, or to seek modification of any court order therein, shall be accompanied by a filing fee of $175.00, except that a filing fee of $275.00 shall be required for motions to modify parental rights.
Page 20 | 24.01 SECURITY FOR COSTS
A petitioner must deposit $50 as security for costs before the petition is accepted, but may seek a waiver with an Affidavit of Indigency or other relevant information, and a judge or magistrate may waive the deposit.
Before the Petition is accepted for filing, the Petitioner shall deposit as security for costs the amount of $50.00. The Petitioner may submit an Affidavit of Indigency or other relevant information for the Court's consideration if requesting the waiver of filing fees. A judge or magistrate may waive the deposit otherwise required by this Rule.
Page 47 | 31.3
A petitioner determined to be indigent remains responsible for a $25 administrative fee.
If a judge or magistrate determines that the Petitioner is indigent, the Petitioner is still responsible for an administrative fee of $25.00.
Page 48 | 31.3
The Court adopts the Athens County Clerk of Court’s Table of Fees.
(A) The Court hereby adopts the Athens County Clerk of Court's Table of Fees and can be found on their website at https://www.co.athensoh.org/departments/clerk_of_courts/table_of_fees.php
Page 49 | RULE 33. TABLE OF FEES/COSTS & MISCELLANEOUS
After the applicant requests a waiver and the Court finds the applicant indigent, prepayment of costs or fees is waived, and the clerk must accept a civil action or proceeding filed with the required affidavit of indigency.
- Upon the request of the Applicant and the Court's review, the Court finds that the Applicant IS an indigent litigant and GRANTS a waiver of the prepayment of costs or fees in this matter. Pursuant to R.C. 2323.311(B)(3), upon the filing of a civil action or proceeding and the affidavit of indigency under division (B)(1) of this section, the clerk of the court shall accept the action, motion, or proceeding for filing.
Page 54 | ORDER
If the stated income and asset criteria are met and the application is approved, the clerk must waive the advance deposit or security.
The judge or magistrate shall approve the application if the applicant's gross income does not exceed one hundred eighty-seven and five-tenths per cent of the federal poverty guidelines as determined by the United States department of health and human services for the state of Ohio and the applicant's monthly expenses are equal to or in excess of the applicant's liquid assets as specified in division (C)(2) of section 120-1-03 of the Administrative Code, as amended, or a substantially similar provision. If the application is approved, the clerk shall waive the advance deposit or security and the court shall proceed with the civil action or proceeding.
Page 55 | R.C. 2323.311(B)
After an indigency application is denied, the applicant has 30 days to make the required deposit or security before dismissal or other action on the filing.
If the application is denied, the clerk shall retain the filing of the action or proceeding, and the court shall issue an order granting the applicant whose application is denied thirty days to make the required advance deposit or security, prior to any dismissal or other action on the filing of the civil action or proceeding.
Page 55 | R.C. 2323.311(B)
Child support filings requiring a judge's or magistrate's signature are subject to a $4.00 fee per page.
Per page for anything that requires the signature of a Judge or a Magistrate (including Magistrate's Orders and Decisions) -$4.00
Page 67 | Child Support Filing Fees
Most child support filings are subject to a $1.00 court cost fee per page.
Per page court cost fee for most filings (i.c. Complaints, Affidavits, Notice of Hearings, Notice of Appearance, Motions) -$1.00
Page 67 | Child Support Filing Fees
Reopening a child support case costs $125.00.
Reopening a case - -$125.00
Page 67 | Child Support Filing Fees
Courtesy Copy Requirements
File-stamped copies of all motions, memorandums, and briefs must be presented to the assigned judge for the judge’s personal file.
File-stamped copies of all motions, memorandums, and briefs shall also be presented to the assigned Judge for their personal file.
Page 6 | RULE 7.02
A file-stamped copy must be provided to the court for its personal use, except in domestic relations cases.
A file-stamped copy shall be provided the court for its personal use, except in domestic relations cases.
Page 6 | RULE 7. SERVICE OF COPIES AND NOTICE
The chairperson must provide one duplicate copy of the report and award to the judge within 30 days after the hearing.
Within thirty (30) days after the hearing, the panel chairperson shall file a written report and award with the Clerk of the Court of Common Pleas and provide a duplicate copy to the judge.
Page 17 | 21.13 REPORT AND AWARD
Briefs, memoranda, and motions must be filed in duplicate, with one copy furnished to the judge.
All briefs and memorandum, pro and contra, and all motions, briets, and memoranda thereto, pro and contra, shall be filed in duplicate, with one copy furnished to the judge.
Page 19 | RULE 23. ADMINISTRATIVE APPEALS
Sealing & Redaction Procedures
The filing party and counsel must remove personal and private information from filings, including attached exhibits and addenda.
It is the responsibility of the filing party and counsel to remove personal and private information from a document filed with the Clerk of Court's office. The responsibility of the filing party and counsel to remove personal and private information extend to and includes exhibits or addenda attached to filing, such as preliminary and final judicial reports which itemized state tax liens that use Social Security numbers as case numbers, or medical records.
Page 5 | RULE 5. PLEADINGS AND MOTIONS - GENERAL FORM
Journal entries containing personal and private information must be submitted in an unredacted copy for the non-public envelope and a redacted copy for the public file.
Journal entries that necessarily include personal and private information must be submitted to the Clerk of Court's office as follows: a copy that includes the personal and private information for placement in the non-pubic envelope and a copy with personal and private information redacted for placement in the public file.
Page 5 | RULE 5. PLEADINGS AND MOTIONS - GENERAL FORM
Personal and private information must be submitted separately as a non-public record and kept in a separate envelope in the case file.
Personal and private information must be summited in a separate filing which will be deemed by the Court as a non-public record. The information will be kept in a separate envelope within the case file marked as follows:
Page 5 | RULE 5. PLEADINGS AND MOTIONS - GENERAL FORM
Pretrial statements must redact Social Security numbers and other identifying personal and account information; paper copies provided to opposing counsel or a self-represented party must also be provided to the Court unredacted for a separate non-public file.
At the conference, pretrial statements shall be submitted, with any social security numbers and other identifying personal and account information redacted in accordance with Local Rule 5.01(B). Any paper copies produced to opposing counsel or pro se party with such redacted information shall be provided to the Court without redaction which shall be kept in a separate non-public file:
Page 23 | 24.04 PRETRIAL PROCEDURE
Information that must be excluded from public records is handled under seal, with a redacted copy placed in the public case file; records retain their public or nonpublic status as provided by law.
All social security numbers and other information that must be excluded from public records in accordance with the rules of this court and the Rules of Superintendence. Upon filing of a Petition, the Clerk shall file the original number under seal for use by the Court, and prepare a redacted copy for inclusion in the portion of the case file accessible to the public. Records or information received by the Court or the Clerk to assist the Court with making its decision under Revised Code Section 2953.25, including information included on a Petition, shall retain their character as public or nonpublic records, as otherwise provided in law.
Page 48 | 31.4
Documents may be filed under seal only with a prior Court order.
Documents shall be filed under seal only with prior Court order.
Page 83
A party may file documents under seal only after the sealing order has been signed and journalized.
Documents Filed Under Seal. A party shall file documents to be sealed only after an order sealing the documents has been signed and journalized.
Page 84 | L. CONVENTIONAL FILING OF DOCUMENTS
Documents containing nonpublic information, including Social Security or financial account numbers, must be filed in the private nonpublic section while a redacted copy is filed simultaneously in the public file.
Certain documents that contain non-public information such as Social Security numbers and financial account numbers such as Qualified Domestic Relations Orders and Division of Property Orders shall be filed in the clerk's case file's private non-public section provided that a redacted copy is simultaneously filed in the clerk's public file.
Page 104 | C. Service of Filings Subsequent to the Complaint.
Other documents may be filed under seal only after obtaining a prior Court order.
Other documents shall be filed under seal only with prior Court order.
Page 104 | C. Service of Filings Subsequent to the Complaint.
A document may be filed under seal only after the sealing order is signed and journalized; the sealed document must be physically presented to the Clerk with a copy of that order.
A party shall file a document to be sealed only after an order sealing that document has been signed and journalized. The sealed documents will not be e-Filed, but physically presented to the Clerk's office along with a copy of the signed order.
Page 105 | XII.A. Documents Filed Under Seal
The Clerk of Courts may refuse a filing containing personal and private information that was not redacted or submitted as required.
The Clerk of Courts may refuse to accept for filing any document that contains personal and private information that has not been redacted or submitted in accordance with this order.
Page 5 | RULE 5. PLEADINGS AND MOTIONS - GENERAL FORM
The Clerk of Courts will not remove personal and private information from a file-stamped document without a court order.
The Clerk of Courts will not remove any personal and private information from a file stamped document, including records or transcripts transmitted to this court from another court, without a court order to do so.
Page 5 | RULE 5. PLEADINGS AND MOTIONS - GENERAL FORM
Personal and private information in documents filed before this rule took effect, and in records or transcripts received from another court, is considered public.
Any personal and private information in documents filed prior to the implementation of this rule is considered public. Any personal and private information in records or transcripts transmitted to this court from another court is considered public.
Page 5 | RULE 5. PLEADINGS AND MOTIONS - GENERAL FORM
Guardian ad litem and evaluating psychologist reports are kept in Confidential Family Files, are not filed with the Clerk or placed in attorneys' mailboxes, and are made available for pickup after notice to the parties or counsel.
Written reports filed by the guardian ad litem and/or evaluating psychologist will be kept in Confidential Family Files in the office of the Domestic Relations Court. Upon submission of either of these reports to the Court, the Domestic Relations Assignment Commissioner will file a Notice of Availability with the Clerk of Court's Office and provide copies of this Notice to parties and/or their respective counsel. Copies of the reports may then be picked up by the parties and/or counsel in the office of the Domestic Relations Court. To preserve confidentiality, these reports will not be filed in the Clerk of Court's Office nor will copies be put in attorney's mail boxes.
Page 24 | 24.04 PRETRIAL PROCEDURE
Sealed documents are handled under the applicable order, statute, and Clerk procedures; scanning and later destruction are subject to the stated conditions, and a party granted return must provide mailing materials.
The Clerk shall file the document in accordance with any judicial order for sealing, or statute permitting filing under seal, and the Clerk's internal procedures for filing of sealed documents. If not prohibited by the order for sealing, the document shall be scanned, uploaded to the system, and reviewed for quality assurance. Once quality assurance is completed, the documents may be destroyed, unless otherwise ordered by the court or unless a request is made for the return of the document by the filing party. If the request is granted, the filing party shall provide the Court with the proper mailing materials for return of the document.
Page 85
A party, attorney, or other person whose personal and private information appears in a public court record may petition for its removal and non-public treatment if the request is granted.
A party or an attorney in a case, or any other person whose personal and private information is contained in a public record of this court may petition the court for removal of personal and private information, and if the request is granted, the personal and private information will be removed from a stamped-filed document and placed in a separate envelope and deemed a non-public record.
Page 5 | RULE 5. PLEADINGS AND MOTIONS - GENERAL FORM
Filing Bundling Requirements
Exhibits should be filed together with the motion or brief to which they apply whenever possible.
All exhibits shall be filed in PDF format and shall, to the extent possible, be tiled along with the motion or brief to which they apply.
Page 78 | 4. Document Types
Pre-Motion Conference Requirements
Except for summary judgment motions and motions in domestic relations matters, the opposing party may file an answer brief by the fourteenth day after filing and the moving party may file a reply by the twenty-first calendar day; the motion is then submitted for non-oral hearing, and an oral hearing requires a written request and court leave.
Except in cases of summary judgement, the opposing party may file an answer brief by the fourteenth day after the day on which the motion was filed. The moving party may file a reply brief by the twenty-first calendar day after the motion was filed. Thereafter, the motion shall be deemed submitted for non-oral hearing. An oral hearing is permitted only upon written request and leave of court at a time to be set by the court. This rule shall apply to all motions except in domestic relations matters and in the cases of summary judgment. Summary judgement motions shall be controlled by Civ.R 6(C) and Civ.R. 56.
Page 7 | RULE 10. HEARING AND SUBMISSION OF MOTIONS
Request a stay first in the trial court; the Court of Appeals will consider it only after denial, inaction, or when applying to the trial court would be impractical.
Before asking the Court of Appeals to issue a stay or suspend the execution of sentence and admit a person to bail pending appeal, you must first make the request in the trial court. [Loc.R. 15] Only after the trial court denies the request, fails to act, or if application to the trial court would be impractical will the Court of Appeals consider the matter.
Page 8 | WHAT IS A STAY AND HOW DO I OBTAIN ONE?
Adjournment & Extension Requirements
A continuance requires an order or journal entry, and a case may not be moved on the docket without an entry continuing it to a definite date and time.
10.02 Motions for continuance shall be granted by order/journal entry only. No case shall be moved on the docket without an order/entry of continuance continuing the case to a date and time certain.
Page 8 | 10.02
Extensions of time to file objections are granted upon request and for good cause shown.
Extensions of time within which to file will be granted upon request and for good cause shown.
Page 28 | 24.07 OBJECTIONS TO MAGISTRATE'S PROPOSED DECISION
A continuance of scheduled mediation may be granted only by the applicable Judge, Magistrate, or Mediator, and only for good cause.
Continuances of a scheduled mediation will be granted only by the Judge, Magistrate, or Mediator, where applicable, for good cause.
Page 44 | 5. Continuances
An extension motion to transmit the record for any other reason must include an affidavit stating facts showing good cause.
A motion for an extension of time to transmit the record for any other reason must be supported by an affidavit setting forth facts showing good cause for the extension.
Page 9 | WHEN WILL THE CLERK TRANSMIT THE RECORD?
An extension motion based on the court reporter’s inability to prepare the transcript on time must include the reporter’s affidavit explaining the need and stating when the transcript can be completed.
A motion for an extension of time to transmit the record because of the court reporter’s inability to timely prepare the transcript must be accompanied by an affidavit from the court reporter explaining why an extension is needed and stating when the transcript can be completed.
Page 9 | WHEN WILL THE CLERK TRANSMIT THE RECORD?
A continuance requires a written motion establishing exceptional circumstances and good cause.
The Court of Appeals will not grant a continuance unless a party files a written motion establishing exceptional circumstances and good cause for the continuance.
Page 11 | WHAT IS ORAL ARGUMENT?
The reconsideration filing deadline will be extended only if a party demonstrates extraordinary circumstances.
The Court of Appeals will not extend the time for filing an application to reconsider unless a party demonstrates extraordinary circumstances.
Page 12 | WHAT CAN I DO IF I LOSE MY APPEAL?
An extension request to file the record, transcript, or brief should state the requested deadline and the reasons for the extension.
Appellant, C.D., requests an extension of time to file the (record, transcript, or brief) until . An extension of time is necessary because (please provide the reasons you need an extension of time).
Page 23 | MOTION TO EXTEND THE TIME TO FILE (Record, Transcript, Brief)
2. If all pre-trial motions have not been ruled upon at least three business days before the scheduled pre-trial conference, judge may set new final pre-trial and trial dates to allow sufficient time for Court to complete its consideration.
2. If all pre-trial motions have not been ruled upon at least three business days before the scheduled pre-trial conference, judge may set new final pre-trial and trial dates to allow sufficient time for Court to complete its consideration.
Page 11 | 20.02 CRIMINAL CASE MANAGEMENT PLAN — (D) PRE-TRIAL MOTIONS
For civil stalking or sexually oriented offense protection-order cases, the judge or magistrate may continue the final hearing to allow service if service has not been accomplished and good cause is shown.
2. On the day of the final hearing if service has not been accomplished upon the respondent, and upon good cause being shown, the judge or magistrate may continue the case to a new date for service to be accomplished.
Page 11
A continuance may be requested in writing or in the presence of opposing counsel.
Continuance may be requested in writing or in presence of opposing counsel.
Page 11 | 20.02 CRIMINAL CASE MANAGEMENT PLAN — (E) CONTINUANCES
After due notice, arbitration may proceed without a party who fails to appear or obtain an adjournment.
The arbitration may proceed in the absence of any party who, after due notice, fails to be present or fails to obtain an adjournment.
Page 16 | RULE 21. MEDICAL MALPRACTICE ARBITRATION; 21.07 DEFAULT OF A PARTY
If a party cannot proceed on the scheduled date and all parties agree to that date, the assignment commissioner may continue the case and may assess a $25 continuance fee against that party.
In the event that a party is unable to proceed when the case has been scheduled, and such date is agreed to by all parties, the assignment commissioner may mark the case continued and may assess a $25.00 continuance fee against such party.
Page 16 | RULE 21. MEDICAL MALPRACTICE ARBITRATION; 21.05 INABILITY OF PARTY TO PROCEED
After notice to all parties, the judge may grant an extension for good cause by entry.
After notice to all parties, the judge may, for good cause shown, grant extensions of time by entry.
Page 19 | RULE 23. ADMINISTRATIVE APPEALS
Extension of time for compliance with deadlines not involving a court hearing will be permitted only on a showing to the court that the extension
Extension of time for compliance with deadlines not involving a court hearing will be permitted only on a showing to the court that the extension
Page 44 | 5. Continuances
Requests for continuances and extensions, and how they are resolved, must be recorded in the case file.
Requests for continuances and extensions, and their disposition, will be recorded in the file of the case.
Page 45
Once all necessary information has been received, the judge or magistrate shall decide whether to grant or deny the Petition within 60 days of the completion of the record, unless Petitioner requests and is granted an extension of time.
Once all necessary information has been received, the judge or magistrate shall decide whether to grant or deny the Petition within 60 days of the completion of the record, unless Petitioner requests and is granted an extension of time.
Page 48 | 31.8
If electronic service does not occur, the party may move for an order extending the response deadline or the period to perform an act.
If e-Service on a party does not occur, the party to be served may, upon motion, be entitled to an order extending that party's response deadline or the period within which any right, duty or act shall be pertormed.
Page 84 | Failure of Electronic Service.
If e-service does not occur, the affected party may move for an order extending a response deadline or time to perform an act.
D. Failure of Electronic Service. If e-Service on a party does not occur, the party to be served may, upon motion, be entitled to an order extending that party's response deadline or the period within which any right, duty or act shall be performed.
Page 105 | D. Failure of Electronic Service
Submitting a proposed continuance entry electronically before the upcoming court date and time does not guarantee approval.
Electronic submission of a proposed continuance entry continuing a case or extending a deadline does not guarantee court approval merely because it was submitted prior to the upcoming court date and time.
Page 106 | XII.E. Continuances
The Court of Appeals may extend the brief-filing time limits.
The Court of Appeals may extend those time limits.
Page 10 | WHEN MUST I FILE MY BRIEF?
Chambers Communication Rules
Counsel and parties must not communicate with the arbitrators about the merits before the hearing begins.
There shall be no communications by counsel or the parties with the arbitrators concerning the merits of the controversy prior to the commencement of the hearing.
Page 16 | RULE 21. MEDICAL MALPRACTICE ARBITRATION; 21.04 HEARINGS; WHEN AND WHERE HELD; NOTICE
Parties and counsel must advise the assigned judge or magistrate of relevant known domestic violence allegations, including allegations learned after the referral order and before mediation concludes.
All parties and counsel shall advise the assigned judge or magistrate of any domestic violence allegations known to them to exist or to have existed in the past, or which become known to them following entry of the order but before conclusion of all mediation proceedings, which allegations involve any two or more persons whose attendance is required by the referral order.
Page 42 | D. Case Selection, 1. Referral Process
The mediator must inform the court who attended, whether the case settled, and whether mediation efforts will continue or the case will return for further proceedings; other information may be communicated only with consent from all holders of the mediation privilege, including the mediator.
The Mediator shall inform the Court who attended the mediation, whether the case settled, and whether efforts to settle the case through mediation are being continued or if the case is being returned to the Court for further proceedings. No other information shall be directly or indirectly communicated by the Mediator to the Court, unless all who hold a mediation privilege, including the Mediator, have consented to such disclosure.
Page 46 | (G)(1) Inform the Court
The mediator must keep mediation communications confidential unless all holders of the mediation privilege, including the mediator, consent to disclosure.
The Mediator shall keep mediation communications confidential, unless all who hold a mediation privilege, including the Mediator, have consented to such disclosure.
Page 46 | (G)(1) Inform the Court
An attorney who needs to intervene in a case where they are not a party must first contact the Clerk of Courts and request non-party filer access in the e-Filing System.
An attorney/filer who needs to file a motion to intervene in a case in which he/she is not a party, shall first contact the Clerk of Courts and request that he/she be added in the e-Filing System as a non-party filer to that case.
Page 88 | Q. MOTIONS TO CONSOLIDATE AND MOTIONS TO INTERVENE
Before the court-ordered psychologist issues a report, ex parte communication with that psychologist requires Court approval; a party may communicate freely with a psychologist it retained.
Prior to the issuance of the psychologist's report, ex parte communication with the court ordered psychologist is permitted only with Court approval. However, a party may still communicate freely with any psychologist retained by that party.
Page 24 | 24.04 PRETRIAL PROCEDURE
If a filer discovers a correctable submission error, the filer should contact the Clerk's office as soon as possible and provide the case and document numbers.
If the filer discovers an error in his/her submission that may be corrected (e.g., having selected the incorrect document type), the filer should, as soon as possible after the error is discovered, contact the Clerk's office and provide the case number and document number for which a correction is being requested.
Page 88 | USER FILING ERRORS AND TECHNICAL PROBLEMS — User Filing Errors
For a correctable submission error, the filer should contact the Clerk’s office as soon as possible and provide the case number and document number.
If the filer discovers an error in their submission that may be corrected, such as having chosen the incorrect document type, the filer should, as soon as possible after the error is discovered, contact the Clerk's office and provide the case number and document number for which a correction is being requested.
Page 108 | XVI. USER FILING ERRORS AND TECHNICAL PROBLEMS — A. User Filing Errors
Judges may not speak with parties outside formal court proceedings.
Please note that the Code of Judicial Conduct prohibits judges from speaking with the parties outside of formal court proceedings.
Page 2 | INTRODUCTION
A pro se litigant may apply to the Clerk for an e-filing user name.
The pro se litigant may apply to the Clerk for an e-filing electronic identifier (user name) as stated in Section V.
Page 99
For questions not answered by the handbook, you may call the court administrator at (740) 420-5110.
If you have any questions that this handbook does not answer, you may contact our court administrator in the Pickaway County office at (740) 420-5110.
Page 2 | INTRODUCTION