Auglaize County Court of Common Pleas

Fax filing is not accepted for the listed documents, including filings requiring a cost deposit or witness-fee check.

(B) The following documents will not be accepted for fax filing: original wills and codicils, cognovit promissory notes, written pleas of not guilty, written pleas of not guilty by reason of insanity, and any pleadings for filing that require a deposit for costs or check for witness fee.

Page 13 | Rule 6.1 — Applicability

A faxed document is the effective original filing, but the filer must retain the source document and cover sheet and produce them to the court on request.

(A) A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing.

Page 13 | Rule 6.1 — Original Filing

Pleadings and other papers may be filed by fax with the Clerk in the Juvenile and Probate Divisions at the stated number, subject to the listed conditions.

Pleadings and other papers may be filed in the Juvenile and Probate Division of the Court with the Clerk by facsimile transmission to 419-738-1061 subject to the conditions listed below:

Page 13 | Rule 6.1 — Facsimile Copy Filing with the Clerk

Pleadings and other papers may be filed by fax with the Clerk in the Criminal, Civil, and Domestic Relations Divisions at the stated number, subject to the listed conditions.

Pleadings and other papers may be filed in the Criminal, Civil and Domestic Relations Division of the Court with the Clerk of Courts by facsimile transmission to 419-739-6768 subject to the conditions listed below:

Page 13 | Rule 6.1 — Facsimile Copy Filing with the Clerk

Fax filings may not be sent directly to the court and must be transmitted through the facsimile equipment operated by the Clerk of Courts.

(B) Fax filings may NOT be sent directly to the court for filing but may only be transmitted directly through the facsimile equipment operated by the Clerk of Courts.

Page 15 | TIME OF FILING

Anyone filing with the Clerk or Court must register as an e-filer, use the assigned electronic identifier for case documents, and create an account with the Clerk-determined online payment agent.

Persons filing documents with the Clerk or the Court must become registered e- filers. Registered e-filers will receive a confidential and unique electronic identifier that shall be used to file, serve, receive, review, and retrieve e-filed pleadings, orders, and other documents in the case. The e-filer is required to create an account with an on-line payment agent determined by the Clerk of Courts.

Page 20 | Register E-Filers

An attorney or party who registers as an e-filer agrees to file electronically and serve the parties and Court under Ohio Civil Rule 5, and receives filing notices in the e-filer account.

By registering as an e-filer, the attorney or party agrees to file documents electronically and shall serve parties to a case and the Court in accordance with Ohio Civil Rule 5. The e-filer will receive notice of filing to the e-filer’s account.

Page 21 | E-filing

When electronically filing a document that starts a case or adds a party, the filer must electronically file service instructions, the initiating document, and—if using a process server—a current appointment order.

When e-filing a complaint or other document initiating a case or adding a party, the filer must:  Electronically file separate instructions for service, including the names and addresses of those to be served.  Electronically file the complaint, third party complaint, or other initiating document.  Electronically file a current copy of the order appointing the individual process server if the document is to be served by a process server.

Page 23 | Complaints and Documents with New Parties

A subpoena to be issued by the Clerk must be filed in paper form with the Clerk.

Subpoenas which are to be issued by the Clerk shall be filed in paper form with the Clerk.

Page 23 | Exceptions to E-filing

Depositions may not be filed electronically.

Depositions must be filed in a sealed envelope in the office of the Clerk of Courts and shall include the printed transcript but may include a CD or flash drive. The Case number and parties shall be notated on the envelope. Depositions shall not be filed electronically.

Page 32 | Rule 15 — Depositions

E-filing is not available for every case type.

E-filing will not be permitted for all case types.

Page 21 | E-filing

Unregistered pro se parties may file paper documents in person or by U.S. Mail, and those documents become filed and part of the official record when entered in the Case Management System.

Pro se parties who are not registered users of the Court’s e-file system may file documents in paper form with the Clerk in person or by U.S. Mail. Documents filed in accordance with this Rule shall be deemed filed and shall become the Court’s Official court record when they are entered by the Clerk in the Court’s Case Management System.

Page 23 | Exceptions to E-filing

Documents that cannot be adequately viewed in PDF and the listed categories are exceptions to e-filing; the former must be filed in physical form.

Exhibits, attachments, or other documents that may not be comprehensibly viewed in a pdf shall be filed in their physical form with the Court. All documents related to Petition for Domestic Violence Civil Protection Order (R.C.3113.31), Petition for Dating Violence Civil Protection Order (R.C.3113.31), Certificates of Judgment, State Tax Liens, Garnishments, Original wills and codicils, cognovits promissory notes, Depositions, or any pleading for filing that requires a check for witness fees.

Page 23 | Exceptions to E-filing

The Clerk may implement electronic filing and related electronic public access in a manner she determines best, subject to statutory and Supreme Court requirements and available resources.

(h) The Clerk may implement electronic filing and all related electronic public access as per statutory and Supreme Court requirements in the manner in which she determines to be the most efficient, cost effective and best practice, taking into account the resources she has available.

Page 8 | Discretion of Clerk

Electronically filed documents become part of the Court’s official record when accepted and docketed.

Electronically filed, accepted and docketed documents are the official record of the Common Pleas Court of Auglaize County, General and Domestic Relations Divisions (“Court”)

Page 19 | RULE 6.2 — E-FILING PROCEDURES

An electronically filed document is deemed signed by the person or court official who submitted it.

Every electronically filed pleading, motion, order, judgment or document is deemed signed by the judge, magistrate, clerk, attorney, party, or person who submitted it.

Page 22 | Electronic Signatures

Filings may be submitted electronically to the Clerk at any time, 24 hours a day and seven days a week.

Any filing may be e-filed with the Clerk 24 hours a day, 7 days a week.

Page 24 | Time, Effect and Process of e-filing

If a fax filing lacks the required cover-page information, the Clerk may file it or place it in the failed-fax file, in which case it is not filed; the Clerk need not notify the sender but may do so if practicable.

(B) If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may, at the Clerk’s discretion; (1) enter the document in the Case Docket and file the document; or (2) deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Court. (C ) The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing.

Page 14 | Rule 6.1 — Cover Page

An accepted fax filing is considered filed when the Clerk time-stamps receipt, not when the fax was transmitted.

(A) Subject to the provision of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.

Page 15 | TIME OF FILING

Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the facsimile document is filed.

Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document.

Page 15 | EXHIBITS

Electronic filing does not change or extend applicable statutes of limitation.

Electronic filing does not alter or extend applicable statutes of limitation.

Page 19 | No Time Extension

E-filers are responsible for submitting compliant documents and allowing enough time for filing, Clerk review, and any resubmission because noncompliant documents may be rejected and not filed.

E-filers must always be aware of the statute of limitations, the savings statute, and similar time limits. It is solely the e-filer’s obligation to submit only documents which fully comply with court rules, policies, procedures, and practices. Documents that do not fully comply may be rejected, not docketed, and not filed. The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.

Page 19 | No Time Extension

An accepted submission is deemed filed and receives an electronic stamp showing when it was submitted to the e-file system.

Upon acceptance, the submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the courts e-file system.

Page 24 | Time, Effect and Process of e-filing

A rejected submission is not part of the court record and must be resubmitted to meet the requirements within 48 hours or it will be rejected.

 If the submission is rejected, the document shall not become part of the court record and the filer shall be required to re-submit the document to meet the requirements within 48 hours. If not resubmitted within 48 hours, the document will be rejected.

Page 24 | Time, Effect and Process of e-filing

In civil cases, all parties must file their pre-trial statements at least three days before the Final Pre-trial.

In all Civil cases, Pre-trial Statements by all parties shall be filed with the Court at least three (3) days before date of Final Pre-trial.

Page 28 | Rule 12 — Pre-trial Procedure

Video depositions must be filed no later than 14 days before trial.

All Video Depositions shall be filed no later than fourteen (14) days before trial and shall be accompanied by a written transcript of the testimony.

Page 32 | Rule 15 — Depositions

Unless the Court directs otherwise, prevailing counsel must prepare and submit the judgment entry within five days after the order, decree, or judgment, and opposing counsel must approve or reject it within five days after receipt.

Unless the Court otherwise directs, counsel for the parties in whose favor an order, decree or Judgment is rendered, shall within five (5) days thereafter, prepare the proper Judgment Entry and submit it to counsel for the adverse party who shall approve or reject the same within five (5) days after receipt thereof.

Page 34 | Rule 18 — Entries in all Cases

Appellants must submit their briefs at least 14 days before the hearing.

All Appellants shall submit briefs at least fourteen (14) days prior to the time set for hearing.

Page 35 | Rule 19 — Appeals to the Common Pleas Court

Appellees must submit their briefs no later than the time set for the hearing.

Appellees shall submit briefs at or prior to the time set for hearing.

Page 35 | Rule 19 — Appeals to the Common Pleas Court

The opposing party must answer a conciliation petition within 14 days after service.

Service of the petition shall be in accordance with the Civil Rules and the opposing party shall answer the petition within fourteen (14) days of service.

Page 47 | RULE 26.16 - CONCILIATION PROCEDURES

Within 15 days after a stay is lifted by the Bankruptcy Court or by operation of law, the attorney or party must file and serve notice of the lifting on all counsel or self-represented parties.

Furthermore, such attorney or party shall file and serve all counsel or pro se parties notice of the lifting of any such stay within fifteen (15) days after such a stay is lifted by the Bankruptcy Court or operation of law.

Page 58 | Rule 39 — Bankruptcy Adjudication

Within 15 days after bankruptcy is filed, the attorney of record or self-represented party must file written notice with the Clerk and include the stay order or other documentation confirming the filing and its date.

Whenever any party to an action pending in this Court files bankruptcy, the attorney of record or the party, if acting in a pro se capacity shall, within fifteen (15) days after filing bankruptcy, file written Notice of Filing with the Clerk of this Court. Such Notice shall include a copy of the Order Staying State Court actions or other appropriate documentation confirming and giving the date of such filing.

Page 58 | Rule 39 — Bankruptcy Adjudication

A party requesting separate findings under Civil Rule 52 must submit proposed findings within five days after receiving notice of the Court’s decision.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civil Rule #52, the party requesting such statement shall within five (5) days after receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law

Page 70 | Rule 42 — Findings of Fact and Conclusions of Law

Opposing counsel must submit and serve their proposed findings within five days after receiving the requesting party’s proposals.

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

Page 70 | Rule 42 — Findings of Fact and Conclusions of Law

Ordered judgment entries must be filed within fourteen days unless other arrangements are made.

If Counsel are ordered to prepare Judgment Entries, same shall be filed within fourteen (14) days unless other arrangements are made.

Page 80 | RULE 50.01 GENERAL

A complaint or probation violation must be filed within 48 hours of a child’s arrest.

Upon arrest of a child, a detention hearing will be held within forty-eight (48) hours either by the Court or by personnel at the detention facility. A complaint or probation violation will also be filed within the same time constraints.

Page 82 | RULE 50.02 – UNRULY, DELINQUENCY AND TOBACCO OFFENDERS

The Clerk’s office is deemed open to receive fax filings on the days and during the hours the court is regularly open for business.

The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business.

Page 15 | TIME OF FILING

The sender bears all risks of fax transmission, and fax filers are urged to verify receipt using available technological means.

(D) The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.

Page 16 | TIME OF FILING

If a system error prevents receipt, the Court may, upon satisfactory proof, order that the document be filed as of its submission date.

If a submission is not received by the court because of a system error, the court may, upon satisfactory proof, enter an order permitting the document to be filed as to the date it was submitted.

Page 24 | Time, Effect and Process of e-filing

Counsel must promptly submit a dismissal order after settlement; if counsel has not done so within 15 days after representing to the Court that the case settled, the Court may dismiss for want of prosecution or enter settlement and dismissal and assess costs.

Counsel shall promptly submit an order of dismissal following settlement of the case. If counsel fails to do so within fifteen (15) days after representation to the Court that the case has been settled, the Court may order the case dismissed for want of prosecution or file a Judgment Entry of settlement and dismissal, and assess costs.

Page 34 | Rule 18 — Entries in all Cases

The Clerk must docket and forward the IV-D Application to the CSEA within 14 days after the support entry is filed.

H. Unless previously filed, all Judgment Entries ordering support shall be accompanied by a signed and completed IV-D Application which the Clerk of Court shall docket and forward to the CSEA within fourteen (14) days of the filing of the Entry.

Page 43 | Rule 26

When ordered to prepare an entry, counsel must prepare and submit it within 14 days unless the Court allows another period.

G. When the Court orders counsel to prepare an entry, counsel will have fourteen (14) days to prepare the same and submit it to the Court unless some other time period is allowed.

Page 43 | Rule 26

If the home-investigation motion is granted, the investigator must prepare and provide a written report to the Court at least 14 days before the final hearing.

B. If the motion is granted, a written report shall be prepared and provided to the Court by the court appointed investigator at least fourteen (14) days prior to the final hearing.

Page 44 | Rule 26.09 - Home Study Investigations

The Clerk of Court may acknowledge receipt of a fax transmission but is not required to do so.

(C) The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.

Page 15 | TIME OF FILING

An electronically submitted document is filed and docketed after Clerk review and acceptance.

Accepted: An electronically submitted document has been reviewed by the Clerk, filed and docketed.

Page 19 | Terms and Definitions

Upon receipt of an electronic submission, the system must issue confirmation showing the receipt date and time as proof of receipt.

Upon receipt, the Court’s e-file system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.

Page 24 | Time, Effect and Process of e-filing

In civil filings, the plaintiff must initially choose one Civil Rule 4.1 service method and may not request an alternate method until a return shows failure, except in Domestic Relations cases.

(A)(1) In all civil filings, the plaintiff shall initially choose one method of service as provided for in Civil Rule 4.1, and may not request service by an alternate method until there is a return showing failure of service, except Domestic Relations, which may be served as directed by the parties or otherwise authorized by the Court.

Page 8 | Rule 4 — Service

Counsel seeking service by publication must submit the proposed legal notice to the Clerk of Courts, who must promptly publish it in the local newspaper; requesting counsel must pay the newspaper directly.

(B) Counsel for a party desiring service by a publication shall submit to the Clerk of Courts the proposed legal notice for such publication. This notice shall be promptly

Page 8 | Rule 4 — Service

Petitions for the specified protection orders must be personally served at Ohio addresses or served by certified mail at addresses outside Ohio, unless the petitioner instructs otherwise.

The Clerk is Ordered that Petitions for Civil Stalking Protection Orders or Sexually Oriented Offense Protection Orders shall be served by PERSONAL SERVICE if the address is located within the State of Ohio, and by CERTIFIED MAIL if the address is not within the State of Ohio, unless specifically instructed otherwise by the Petitioner.

Page 9 | Rule 4.1 — Service in Civil Stalking Cases

The filer may not transmit service copies by fax.

The filer shall not transmit service copies by facsimile.

Page 16 | LENGTH OF DOCUMENT

A party filing electronically must still provide a certificate of service for all parties entitled to service.

A certificate of service on all parties entitled to service is still required when a party files a document electronically.

Page 22 | Certificate of Service

When electronically filing an original complaint, third-party complaint, or pleading adding a party, the filer must also electronically file service instructions, after which the clerk issues summons and process using the designated service method under the Civil Rules.

Upon electronically filing the original complaint, third party complaint, or any pleading that adds a new party, the filing party shall also file instructions for service electronically. The clerk shall issue a summons and process in the designated method of service in accordance with the Civil Rules.

Page 22 | Certificate of Service

Initiating documents may be filed electronically but must not be served electronically; summons and service must follow the applicable rule or statute.

Initial complaints, re-filed complaints, third party complaints, other documents initiating a case or adding a new party are filed but not served electronically. Summons and service cannot be issued or completed electronically and must be accomplished as required by the applicable rule or statute.

Page 23 | Complaints and Documents with New Parties

The filer, rather than the Clerk, is responsible for serving documents filed after the original complaint on all parties and attorneys.

In accordance with Civ. R. 5(B)(2) and Crim R. 49, the filer, not the Clerk of Courts shall be responsible for serving all documents filed subsequent to the original complaint on all parties and attorneys.

Page 23 | Complaints and Documents with New Parties

After an order or entry is signed and filed, the Clerk must serve copies of all entries and orders.

After the order or entry has been signed and filed, the Clerk of Courts shall serve copies of all entries and orders.

Page 23 | Complaints and Documents with New Parties

Proof of service must be an attached certificate identifying the attorneys or parties served and stating the date and manner of service.

Proof of service shall be by certificate of service attached to such Pleading of a Motion, Brief, Memorandum or Argument, and shall include the names of attorneys and/or parties served, and the date and manner of such service.

Page 26 | Rule 8 — Certificate of Service

Every written pleading, motion, memorandum, or argument filed with the Court and Judge must be served on opposing counsel or on unrepresented parties.

Every Pleading, Motion, Memorandum or Argument, in writing, filed with the Court and Judge, shall be served upon all opposing counsel or upon all parties not represented by counsel.

Page 26 | Rule 8 — Certificate of Service

The default-judgment applicant must notify the opposing party and submit proof of service to the Court when filing the application.

In addition to the following requirements of Civil Rule #55, the party applying for a Default Judgment shall give notice of the application to the party against whom the Default Judgment is sought and shall, at the time of filing the application, submit to the Court proof of service of the application.

Page 33 | Rule 17 — Default Judgments and Relief from Judgment

Upon filing a judgment entry, the Clerk must immediately serve a copy on each party or counsel.

All such Entries shall be submitted to the Court with sufficient copies to provide each party with a copy thereof. The Clerk of Courts will not accept for filing any Judgment Entry unless it is accompanied by sufficient copies for each party or counsel in the cause, and the Clerk shall immediately, upon the filing of any such Entry, cause each party or counsel to be served a copy of such Entry.

Page 34 | Rule 18 — Entries in all Cases

Hearing notice on a Receiver’s fee application must be sent personally or by mail to all creditors or their attorneys of record, unless the Court orders otherwise.

Written notice of the hearing on application for fees shall be submitted personally or by mail to all creditors or to their attorney of record, unless otherwise provided by Court Order.

Page 37 | Rule 22 — Receiverships

When the Prosecuting Attorney is ordered to prepare a criminal-case entry, the Attorney must submit it for signature and journalization and serve a file-stamped copy on the Defendant or defense counsel.

In all Criminal cases where the Entry is Ordered to be prepared by the Office of the Prosecuting Attorney, said Prosecuting Attorney shall submit an Entry to the Court for signature and journalization, and shall cause a file stamped copy to be served upon the Defendant or defense counsel.

Page 38 | Rule 24 — Judgment Entries in Criminal Cases

The Clerk must not serve pleadings on the Defendant until a IV-D application is received.

The Clerk shall not serve pleadings upon the Defendant until a IV-D application is received.

Page 39 | Rule 26.01 — Filing of Cases

The Clerk must serve temporary and emergency temporary orders on parties by certified mail, attorneys of record by regular mail, and CSEA by hand delivery, unless the order or pleading directs otherwise.

The Clerk shall cause a copy of all Temporary or Emergency Temporary Orders to be served upon the parties by certified mail, upon attorneys of record by regular mail and upon CSEA by hand delivery, unless the order or pleading directs otherwise.

Page 42 | RULE 26.05 - EMERGENCY TEMPORARY ORDERS - EX PARTE

A copy of every motion to modify child or spousal support must be served on the CSEA.

A. A copy of all motions requesting a modification of child support or spousal support shall be served upon the CSEA.

Page 45 | RULE 26.10 - MODIFICATION OF CHILD SUPPORT OR SPOUSAL SUPPORT

If a party does not comply with the financial-information notice within 30 days, the CSEA must file a contempt motion and serve it on that party.

D. Should either party not comply with the notice of the financial information within the thirty (30) day period, the CSEA shall so inform the Court and file a Motion for Citation in Contempt which shall be served upon the party and the hearing date previously set by the Court shall be used as a contempt hearing.

Page 45 | RULE 26.10 - MODIFICATION OF CHILD SUPPORT OR SPOUSAL SUPPORT

After receiving the financial information, the CSEA must review it and serve the results on all parties within 15 days.

C. Upon the CSEA receiving the financial information within the thirty (30) day period after service upon the responding party, said CSEA shall review and serve the results of that review upon all parties within fifteen (15) days of their receipt of the financial information.

Page 45 | RULE 26.10 - MODIFICATION OF CHILD SUPPORT OR SPOUSAL SUPPORT

Within 30 days after service on the opposing party, both parties must provide specified financial information to each other and the CSEA, and that information must not be filed with the Court.

Within 30 days of service upon the opposing party, the filing party and the opposing party shall provide to both the CSEA and each other the following financial information: 1. A copy of the party’s federal income tax return from the previous year. 2. A copy of all pay stubs obtained by the party within the preceding six (6) months. 3. A copy of all their records evidencing the receipt of any other salary, wage, or compensation within the preceding six (6) months. 4. Any other information necessary to properly review the child or spousal support order. NOTE: The information in Paragraphs 1-4 above is not to be filed with the Court.

Page 45 | RULE 26.10 - MODIFICATION OF CHILD SUPPORT OR SPOUSAL SUPPORT

When filing a relocation notice, the filing party must request service on the other party by certified mail.

B. The party filing the notice shall request service by certified mail upon the other party at the time of filing.

Page 46 | RULE 26.13 - CHILD RELOCATION

The hearing notice or show-cause order must be served with the contempt-citation motion as provided by the Civil Rules.

The notice of hearing/showcause order shall be served with the motion for citation in contempt as provided by the Civil Rules.

Page 47 | RULE 26.14 - POST JUDGMENT RELIEF ACCOMPANIED BY CITATION FOR CONTEMPT

The petition must be served under the Civil Rules, and the opposing party must answer within 14 days after service.

Service of the petition shall be in accordance with the Civil Rules and the opposing party shall answer the petition within fourteen (14) days of service.

Page 47 | RULE 26.16 - CONCILIATION PROCEDURES

The Clerk may not file a Waiver and Entry of Appearance until the Defendant has received service of a copy of the rule.

The Clerk shall not file a Waiver and Entry of Appearance until a copy of this rule is received and served upon the Defendant.

Page 49

The Clerk must attach the rule to the summons so both are served at the same time.

The Clerk of this Court shall attach a copy of this rule to the summons so that both documents will be served simultaneously.

Page 49

A transcript request must be made by written motion to the Court, with a copy served on the Court Reporter.

Requests for transcriptions of testimony from the recordings of any cases shall be made in writing by Motion with the Court, with a copy to be served upon the Court Reporter.

Page 55 | Rule 30 — Transcription: Trial Record

Upon an alleged victim’s request, the prosecuting attorney must notify the victim of all public proceedings involving the alleged offense and the victim’s rights.

(A) Pursuant to Criminal Rule 37, to ensure that the alleged victim(s), upon request, be given notice of all public proceedings involving the alleged criminal offense(s) against the victim(s) and the opportunity to be present at all such proceedings, the Court hereby directs the prosecuting attorney to provide such notice to the alleged victim(s), including notice of the rights enumerated in Division (B) below.

Page 57 | Rule 36 — Request for Victim Notification

The attorney or self-represented party must give the bankruptcy notice to other counsel or self-represented parties of record in accordance with Civil Rule 5.

Such attorney or party shall likewise give such Notice to other counsel or pro se parties of record in such pending litigation; same to conform to requirements of Civil Rule #5.

Page 58 | Rule 39 — Bankruptcy Adjudication

Notice of the lifting of a stay must be served on all counsel or self-represented parties within 15 days after the stay is lifted.

Furthermore, such attorney or party shall file and serve all counsel or pro se parties notice of the lifting of any such stay within fifteen (15) days after such a stay is lifted by the Bankruptcy Court or operation of law.

Page 58 | Rule 39 — Bankruptcy Adjudication

The Clerk must serve the Journal Entry on the listed recipients, choosing hand delivery, electronic means if available, or regular U.S. mail.

The Clerk of Courts shall cause a copy of this Journal Entry to be served upon the Auglaize County Sheriff, Auglaize County Correction Center, the Probation Department of this Court, and all counsel of record by hand delivering the same, or electronic means if available, or by regular U.S. mail, at the Clerk’s discretion.

Page 68 | Work-Release Program

Opposing counsel must submit and serve proposals for findings of fact and conclusions of law within five (5) days after receiving the requesting party’s proposed statement.

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

Page 70 | Rule 42 — Findings of Fact and Conclusions of Law

The requesting party must serve copies of the proposed findings on all opposing parties or their counsel.

and shall serve copies thereof on all opposing parties or their Counsel.

Page 70 | Rule 42 — Findings of Fact and Conclusions of Law

Counsel must file a notice of appearance and provide a copy to opposing counsel or parties.

Counsel representing children, parents or parties shall file a notice of appearance with the Court and provide a copy to opposing counsel or parties.

Page 80 | RULE 50.01 GENERAL

The Clerk must prepare the summons on the Court’s prescribed form and serve it with a complaint copy by mail within ten days, unless an alternate form of service is requested.

The Clerk shall prepare the summons on a form prescribed by the Court and cause it along with a copy of the complaint to be served within ten (10) days by mail unless an alternate form of service is requested.

Page 81 | RULE 50.02 – UNRULY, DELINQUENCY AND TOBACCO OFFENDERS

The Court must wait fourteen days after service of a joinder motion on the parents or custodians before ruling on joinder.

The Court will wait fourteen days after service of the joinder motion on the parents or custodians before ruling on the joinder.

Page 83 | 50.04 PARENTAGE AND CUSTODY ACTIONS

The Clerk must arrange for the Summons and statement of rights to be served on the parties by mail.

The Clerk will prepare the Summons and cause it along with a statement of rights to be served on the parties by mail.

Page 83

For a privately filed parentage action, CSEA must be served a copy of the complaint.

Parentage actions may be filed by CSEA or privately. If filed privately, CSEA will be served a copy of the complaint.

Page 83 | 50.04 PARENTAGE AND CUSTODY ACTIONS

Unless otherwise ordered, send the sealing or expungement entry and required form by certified mail to the law enforcement agencies listed in the order, including BCI.

In the event a case is ordered sealed or expunged, the entry will be sent by certified mail unless otherwise ordered to all law enforcement agencies listed on the order, including BCI along with the “Sealing and/or Expungement” Form required by the Ohio Attorney General.

Page 93 | E. Procedures for Sealing & Expunging Records

The Clerk of Courts publishes the legal notice in the local newspaper.

published in the local newspaper by the Clerk of Courts.

Page 9

A $300 deposit is required upon original filing of a civil complaint other than a foreclosure, with an additional $25 per defendant when there are five or more defendants, subject to the stated exceptions.

Unless a Poverty Affidavit is filed, no civil actions or proceedings shall be accepted by the Clerk unless the party or parties offering the same for filing shall have first deposited a sum of money to secure the payment of costs and to pay the filing fees as required by the Ohio Revised Code and Local Rule. Except as otherwise provided by law, when applicable, such advanced deposits shall be as follows: A.) $300.00 Civil Complaints (other than Foreclosures) upon original filing. If five (5) or more defendants, an additional $25.00 per defendant. B.) Civil Foreclosures $425.00 upon original filing. If five (5) or more defendants, an additional $25.00 per defendant. C.) $175.00 security for each cross-claim, counter claim or third party action.

Page 4 | Rule 3 — Security for Costs

A Notice of Appeal to the Third District Court of Appeals must be accompanied by a $150 deposit or an Affidavit of Indigency.

M.) $150.00 deposit or an Affidavit of Indigency must accompany the filing of a Notice of Appeal to the Third District Court of Appeals.

Page 5 | Rule 3 — Security for Costs

A $250 deposit is required for all other complaints or petitions.

K.) $250.00 all other complaints or petitions.

Page 5 | Rule 3 — Security for Costs

A $150 deposit is required for a request for in-County investigations.

F.) $150.00 request for in-County investigations.

Page 5 | Rule 3 — Security for Costs

An additional $600 deposit is required for service by publication.

D.) $600.00 additional security for service by a publication.

Page 5 | Rule 3 — Security for Costs

A $93 deposit is required for a summary release.

Summary Release $93.00

Page 5 | Rule 3 — Security for Costs

A $150 deposit is required for an administration.

Administrations $150.00

Page 5 | Rule 3 — Security for Costs

A $200 deposit is required for all other juvenile complaints or petitions.

Q.) $200.00 All other Juvenile complaints or petitions.

Page 5 | Rule 3 — Security for Costs

A $50 deposit is required for a will for record only.

Will for Record Only $50.00

Page 5 | Rule 3 — Security for Costs

A $350 filing deposit is required for a petition for dissolution, divorce, alimony, or annulment.

E.) $350.00 petition for dissolution, divorce, alimony or annulment.

Page 5 | Rule 3 — Security for Costs

A $200 deposit is required for a request for out-of-County investigations.

G.) $200.00 request for out-of-County investigations.

Page 5 | Rule 3 — Security for Costs

A $1,500 deposit is required for Guardian Ad Litem fees, and a $500 deposit is required for Home Study Investigations.

N.) $1,500.00 deposit for Guardian Ad Litem fees pursuant to Local Rule 8.06 and $500.00 deposit for Home Study Investigations pursuant to Local Rule 26.09.

Page 5 | Rule 3 — Security for Costs

A $150 deposit is required for will construction.

Will Construction $150.00

Page 5 | Rule 3 — Security for Costs

A $150 deposit is required for a testamentary trust.

Testamentary Trust $150.00

Page 5 | Rule 3 — Security for Costs

A $200 deposit is required for post-judgment motions.

I.) $200.00 post Judgment motions.

Page 5 | Rule 3 — Security for Costs

A $50 deposit is required for Ohio Estate Tax.

Ohio Estate Tax $50.00

Page 5 | Rule 3 — Security for Costs

A $150 deposit is required for a release from administration.

Release from Administration $150.00

Page 5 | Rule 3 — Security for Costs

A $100 deposit is required for applications for sealing or expungement proceedings.

L.) Pursuant to R.C. 2953.32(C)(3), $100.00 Applications for Sealing or Expungement proceedings.

Page 5 | Rule 3 — Security for Costs

A $50 deposit is required for a certificate of transfer.

Certificate of Transfer $50.00

Page 5 | Rule 3 — Security for Costs

A $150 deposit is required for juvenile unruly complaints.

P.) $150.00 Juvenile unruly complaints.

Page 5 | Rule 3 — Security for Costs

A $108 deposit is required for a summary release with will.

Summary Release with Will $108.00

Page 5 | Rule 3 — Security for Costs

A praecipe for an order of sale requires a $600 deposit and an additional nonrefundable one-time Real Auction fee of $510.

O.) Praecipe for order of sale: $600.00 plus an additional non refundable one time fee of $510.00 (Real Auction)

Page 5 | Rule 3 — Security for Costs

A $250 deposit is required for appeals from other tribunals.

H.) $250.00 Appeals from other tribunals.

Page 5 | Rule 3 — Security for Costs

A $150 deposit is required for a complaint.

Complaint $150.00

Page 5 | Rule 3 — Security for Costs

A $50 deposit is required to reopen an estate.

Re-Open Estate $50.00

Page 5 | Rule 3 — Security for Costs

A $150 deposit is required for a will contest.

Will Contest: $150.00

Page 5 | Rule 3 — Security for Costs

Execution issued to the Auglaize County Sheriff requires an additional $150 deposit, or a different amount requested by the Sheriff because of special circumstances or ordered by the Court.

J.) $150.00 additional deposit on execution issued to Auglaize County Sheriff or such amounts as may be requested by the Sheriff, due to special circumstances and/or ordered by the Court.

Page 5 | Rule 3 — Security for Costs

A qualifying affidavit of inability permits a complaint to be filed without a deposit or security, but the Court must approve the affidavit before the Clerk accepts it, and the Court may review it at any stage.

Where the Plaintiff makes an affidavit of inability to pay or secure costs as provided by Section 2323.31 of the Ohio Revised Code, the Clerk of Courts shall receive and file such complaint without such deposit or security; provided, however, the Clerk shall not accept for filing any affidavit of a party’s inability to make the required deposit for costs unless and until the Court has indicated approval thereon. Said affidavits are subject to Court review at any stage of the proceeding.

Page 6 | Rule 3 — Security for Costs

A $350 deposit is required for guardianship of a person and estate.

Guardianship- Person & Estate $350.00

Page 6 | Rule 3 — Security for Costs

A $200 deposit is required for guardianship of an estate.

Guardianship- Estate $200.00

Page 6 | Rule 3 — Security for Costs

A $50 deposit is required for correction of birth.

Correction of Birth $50.00

Page 6 | Rule 3 — Security for Costs

On a motion to modify a former court order, the moving party must pay all previously ordered unpaid court costs and deposit an additional $200.

On Motion to Modify a former Order of the Court the moving party shall pay all unpaid Court Costs which said moving party has been ordered to pay and in addition thereto shall deposit the sum of $200.00.

Page 6 | Rule 3 — Security for Costs

A $150 deposit is required for a civil action.

Civil Action $150.00

Page 6 | Rule 3 — Security for Costs

A $300 deposit is required for adoption.

Adoption $300.00

Page 6 | Rule 3 — Security for Costs

A $50 deposit is required for delayed registration of birth.

Delayed Registration of Birth $50.00

Page 6 | Rule 3 — Security for Costs

A $100 deposit is required for a minor’s personal injury settlement.

Minor’s Personal Injury $100.00 Settlement

Page 6 | Rule 3 — Security for Costs

A $350 deposit is required for guardianship of a person.

Guardianship- Person $350.00

Page 6 | Rule 3 — Security for Costs

A $150 deposit is required for adult adoption.

Adult Adoption $150.00

Page 6 | Rule 3 — Security for Costs

Costs in dissolution, divorce, alimony, and annulment cases must be paid in full before the final decree, and the Clerk may withhold filing until payment.

(a) All costs in dissolution, divorce, alimony and annulment cases must be paid in full before final decree is entered. The Clerk is authorized to withhold filing until such costs are paid.

Page 7 | Discretion of Clerk

A pleading, motion, or memorandum filed with the Clerk must include a copy for the Judge and sufficient additional copies for service or return to the filer.

(B)(1) The Clerk of Courts shall not accept for filing any Pleading, Motion or Memorandum unless it is accompanied by a copy thereof, which copy the Clerk shall forthwith forward to the Judge, plus sufficient copies for service and/or return to the filing party.

Page 12 | Rule 6 — Pleadings and Motions

A file-stamped copy of every pleading must be left with the Judge’s office upon filing.

A file stamped copy of all pleadings shall be left with the Judge’s office, upon filing same.

Page 39 | Rule 26.01 — Filing of Cases

A petitioner’s notification form containing identifiers in a protection order case must be kept in a confidential, nonpublic file and not disclosed to the respondent or respondent’s counsel.

The Court orders on Protection Order cases any Petitioner filing that form with those identifiers shall be maintained by the Clerks in a confidential file, shall not be a public record, and shall not be disclosed to the Respondent of Respondent’s Counsel.

Page 9 | Rule 4.2 — Petitioner Notification Form

When personal identifiers are omitted from a case document, the information must be submitted on Form 5.1 and kept as a non-public record in a separately marked confidential envelope.

The parties when omitting personal identifiers from a case document shall submit that information to the Court or Clerk on a separate form designated by the Court in this rule as Form 5.1. Such completed forms shall only be accessible as provided for in the Rules of Superintendence, which will be deemed by the Court as a non-public record. The information will be kept in a separate envelope within the case filed and marked as follows: “CONFIDENTIAL FILE – To be opened by Court/Clerk Personnel ONLY.”

Page 11 | Rule 5.1 — Protection of Personal Identifiers

Personal identifiers required for an order must be placed on a separate document, maintained like the identifier information sheet, and transmitted to the appropriate recipient as needed to carry out the order.

When issuing orders or other documents that require personal identifiers such as on arrest warrants or garnishment orders, those personal identifiers shall be provided on a separate document and not be a part of the case document. That document shall be maintained by the Clerk in the same manner as the personal identifier information sheet, and shall be transmitted by the Clerk to the Sheriff, law enforcement agency, garnishee, or other appropriate party or person as needed to carry out the warrant or order as appropriate.

Page 11 | Rule 5.1 — Protection of Personal Identifiers

The filing party and counsel must remove personal and private information from filed documents, including exhibits and addenda; the Clerk is not responsible for removing it.

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 extends to and includes exhibits or addenda attached to filings, such as preliminary and final judicial reports, which itemize state tax liens that use social security numbers as case numbers, or medical records. The Clerk of Courts and Deputy Clerks shall have no responsibility for the removal of any personal and private information filed in a public document in the Clerk of Court’s office.

Page 11 | Rule 5.1 — Protection of Personal Identifiers

An arrest-warrant, summons, or bench-warrant request and the issued warrant or summons may include the full Social Security number and date of birth; after return of service, the Clerk must place a copy redacting the first five Social Security-number digits in the file and retain the original separately with restricted access.

(B)(2)(b) Notwithstanding this rule, any request for issuance of an arrest warrant, summons or bench warrant, and the actual warrant or summons issued thereafter, may include the full social security number and date of birth of the person named therein. The Clerk shall, upon return of service of the warrant or subpoena replace the original with a redacted copy (ies) upon which the Clerk shall redact the first five numbers of such social security number, retaining the original document (s) in a separate envelope maintained with the file, with said documents open only to inspection to judicial staff, clerk’s staff or upon Court order.

Page 12 | Rule 6 — Pleadings and Motions

A filing in a civil or criminal case may not contain a person’s full Social Security number, although the last four digits may be included at the filer’s discretion if relevant; the stated warrant exception applies.

(B)(2)(a) Effective immediately, no party or any representative of any party shall cause to be filed in any civil or criminal case any pleading or filing that contains the full social security number of any person, and the Clerk shall not accept for filing any pleading or filing that violates this rule, except as provided in Rule 6(B)(2)(b) below. A party or representative thereof may, at their discretion, file a pleading or filing containing the last four numbers of a person’s social security number, if such number is relevant to the case or controversy.

Page 12 | Rule 6 — Pleadings and Motions

The filing party is solely responsible for redacting personal, confidential, or private information.

Redactions of personal, confidential, or private information is solely the responsibility of the party filing the document.

Page 21 | Format

Before e-filing, filers must remove or redact specified personal and private information from documents.

Before e-filing, counsel, parties and other persons must make sure the first five digits of a social security number, financial account numbers, medical records, driver’s license numbers, and similar private information are removed/redacted from the pleading, motion, or document.

Page 21 | Format

Social Security numbers and other information that must be excluded from the public record must be redacted under the applicable court rules.

All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence.

Page 77 | Local Rule 47(C)

Personal information in pre-June 30, 2009 filings and records or transcripts received from another court is public, but an affected person may petition for removal; if granted, the information is kept separately as non-public and a redacted copy is placed in the public file.

Any personal and private information in documents filed prior to June 30, 2009, is considered public. Any personal and private information in records or transcripts transmitted to this court from another court is considered public. 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 the removal of personal and private information, and if the request is granted, the personal and private information will be removed from the file-stamped document and placed in a separate envelope and deemed a non-public record. A redacted copy of the document will be placed in the public case file.

Page 12 | Rule 5.1 — Protection of Personal Identifiers

Unless circumstances clearly dictate otherwise, counsel should participate in informal Pre-trial Discovery Conferences and diligently explore resolving Discovery matters informally before filing Discovery demands, motions, applications, or protective orders under Civil Rule #26-37, inclusive.

(A) See Local Rule 11(I). Unless circumstances clearly dictate otherwise, counsel shall participate in informal Pre-trial Discovery Conferences to reduce, in every way possible, the filing of Discovery demands and procedures; to that end it is suggested that no Interrogatory requests, Motions or Applications, or Protective Orders shall be filed under Civil Rule #26-37, inclusive, until counsel have diligently explored such objectives with opposing counsel in an effort to informally handle all Discovery matters and reduce or clarify the issues in controversy to facilitate the presentation at trial.

Page 31 | Rule 13 — Discovery

In cases assigned for trial, a continuance application must be supported by evidence of good cause and, if based on a witness’s absence, evidence of counsel’s reasonable diligence.

(B) In cases assigned for trial, applications for Continuances must be supported by evidence of good cause for Continuance and when such application is based upon the absence of a witness it must be supported by evidence of reasonable diligence on the part of counsel.

Page 26 | Rule 7 — CONTINUANCES

All continuance applications require the Judge’s approval.

(C ) All applications for Continuances must be approved by the Judge

Page 26 | Rule 7 — CONTINUANCES

Untimely continuance requests will be denied.

Untimely requests will be denied.

Page 26 | Rule 7 — CONTINUANCES

A continuance of an oral hearing requires a written application and evidence of good cause, and the application must be made at least seven days before the hearing.

(A) No continuance of an oral hearing will be granted except upon written application of the Court together with evidence of good cause for such continuance. Also, its applications for continuance must be made at least seven (7) days prior to such hearing.

Page 26 | Rule 7 — CONTINUANCES

A hearing continuance may be granted only upon a showing of good cause.

No continuance of the hearing shall be granted without good cause shown.”

Page 35 | Rule 19 — Appeals to the Common Pleas Court

Additional time for mediation and its report may be granted upon a showing of just cause by appropriate motion.

If additional time is required, same will be granted upon a showing of just cause by appropriate motion.

Page 48 | RULE 26.18 - MEDIATION

If a jury has been called, the party requesting a continuance bears the expense of calling the jury.

if a Jury has been called, the expense of calling such Jury will be borne by the party requesting the Continuance.

Page 26 | Rule 7 — CONTINUANCES

After a trial date is scheduled, counsel who have a conflict with a scheduled trial date should immediately apply for Continuance so that their case may be rescheduled and a replacement case inserted instead; also, requests must be accompanied by a copy of the Order creating the conflict.

After a trial date is scheduled, counsel who have a conflict with a scheduled trial date should immediately apply for Continuance so that their case may be rescheduled and a replacement case inserted instead; also, requests must be accompanied by a copy of the Order creating the conflict.

Page 26 | Rule 7 — CONTINUANCES

Counsel planning to be away on vacation or otherwise should notify the Assignment Commissioner well in advance of their anticipated absence.

Counsel who plan to be away on vacation or otherwise, should notify the Assignment Commissioner well in advance of their anticipated absence.

Page 26 | Rule 7 — CONTINUANCES

Motions for extensions of time must comply with the Ohio Civil Rules.

Motions for extension of time shall comply with Ohio Civil Rules.

Page 27 | Rule 9 — Rule Dates and Extensions

The fourteen-day period for a party to secure new counsel may be extended upon application of the parties.

Upon application of the parties, said time may be extended.

Page 70 | Rule 43 — Withdrawal of Trial Counsel

Continuances are discouraged.

All Continuances are discouraged.

Page 26 | Rule 7 — CONTINUANCES