Clark County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- 1 copy • Within 5 Business Days After Acceptance
Motion
- Hand Delivery • Upon Filing
Opposition
- Hand Delivery • Upon Filing
Adjournments
- A continuance motion must be written, state the reason, be endorsed by the client, and be accompanied by an entry granting it and rescheduling the matter.
- For conflicting trial appearances, the first-assigned case has priority, criminal cases have priority over civil cases, and a copy of the trial assignment must be attached to the motion.
- Fixed scheduling dates may be modified only by court order after a motion showing good cause is filed.
- +1 more
Request must include
Page & Word Limits3 rules
A motion memorandum may not exceed 15 pages, excluding the table of contents, table of cases, statutes, and other cited authorities.
No memorandum shall exceed fifteen (15) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited,
Motion Memorandum
15 pages
A reply memorandum may not exceed 10 pages, excluding the specified tables, cited authorities, and appendices, unless the court grants prior leave.
Except upon prior leave of the court, no reply memorandum shall exceed ten (10) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any.
Reply Brief
10 pages
An opposition memorandum may not exceed 15 pages, excluding the table of contents, table of cases, statutes and other authorities, and appendices, unless the court grants prior leave.
No memorandum in opposition shall exceed fifteen (15) pages in length, exclusive of the table of contents, table of cases, statutes and other authorities cited, and appendices, if any except by prior leave of the Court. Application for leave to file a longer memorandum in opposition shall be by motion specifying the unusual circumstances which necessitate the filing of a memorandum in opposition that exceeds the limits imposed by this rule.
Opposition
15 pages
Document Format Requirements6 rules
Proposed orders must be forwarded in hard-copy form to the assigned judge or magistrate.
i. No proposed orders shall be submitted electronically. Any proposed orders must be forwarded in hard-copy to the assigned Judge or magistrate.
Paper
Filed pleadings, motions, briefs, and similar documents must be typewritten or printed on 8½-by-11-inch paper, sequentially paginated, and filed without backing or cover, while original attached or offered exhibits are exempt.
All pleadings, motions, briefs and other similar documents that are filed with the Clerk shall be typewritten or printed on 8-1/2" x 11" paper, paginated sequentially and filed without backing or cover. Original documents attached or offered as exhibits thereto are exempt from this requirement.
Every filing must leave at least 2½ inches of blank space at the top of its first page for endorsements.
In all filings, a blank space of at least two and one-half inches shall be left at the top of the first page for endorsements thereon.
Each electronic file is subject to a size limit, and the filer must compress the file as necessary to file it electronically.
k. There is a size limit to each file and it is the filer's duty to compress the file as necessary to file electronically.
Memoranda must be submitted in double-spaced format; noncompliant briefs may be returned for reformation.
All memorandums shall: 3. Be submitted in double space format. Any brief that fails to comply with this rule may be returned by the Clerk for reformation.
Proposed jury instructions must be provided in hard copy and on a disc.
10. Proposed jury instructions (Hard Copy and Disc).
Document Filing Requirements43 rules
Attorneys must include their Supreme Court of Ohio registration number on every document filed with the Court.
All attorneys shall include their attorney registration number issued by the Supreme Court of Ohio on all documents filed with the Court.
Requirement
Document requirement
Documents requiring service or notice must include counsel’s fax number when facsimile service is available and counsel’s email address.
All documents requiring service or notice shall contain counsels' fax numbers if facsimile machines are available, and email addresses.
Document Type
Document Requiring Service Or Notice
A document requiring court service or notice must include the plaintiffs’ and defendants’ addresses in its caption or state that those addresses are unknown when they are in fact unknown.
All documents requiring service or notice by the court, upon filing, shall: 1. Include the address of the plaintiffs and defendants in the caption of the document; or 2. Indicate that the addresses of the plaintiffs and defendants are unknown if such addresses are in fact unknown.
Document Type
Document Requiring Court Service Or Notice
A party objecting to testimony in a perpetuation deposition must submit the objections in writing to the court by the final pretrial conference.
Regarding perpetuation depositions, any party objecting to testimony in a deposition shall submit the objections IN WRITING to the Court at or before the Final Pretrial Conference.
Document Type
Deposition Objections
A written transcript of a deposition must be filed when the corresponding videotape is filed.
In addition to the requirements of Rule 13 of the Rules of Superintendence for the Courts of Ohio, a written transcript of the deposition shall be filed when the videotape is filed.
Document Type
Videotaped Deposition
The written transcript of a videotaped deposition must be filed before the final pretrial conference.
The written transcript of the videotaped deposition shall be filed prior to the final pre-trial conference.
Document Type
Videotaped Deposition
The proponent of a video deposition must edit it according to the court's ruling and redact questions and answers for sustained objections.
The proponent of a video deposition shall cause the deposition to be edited in accordance with the Court's ruling on objections, redacting questions and answers to which objections are sustained.
Document Type
Videotaped Deposition
A party must submit a proposed order staying proceedings under 11 U.S.C. 362 after filing for bankruptcy.
bankruptcy and submit a proposed order staying proceedings as provided by the provisions of 11 U.S.C. 362.
Document Type
Proposed Order
The caption of every initial pleading must contain the information required by Ohio Civil Rules 10(A) and 11.
1. The caption of all initial pleadings shall contain the information required by Rule 10(A) and Rule 11 of the Ohio Rules of Civil Procedure.
Document Type
Initial Pleading
Every moving party must file and serve a brief written memorandum stating the motion's grounds with particularity, the relief sought, and the supporting authorities.
All moving parties shall file and serve their motions with the following: 1. A brief written memorandum which shall: a. State with particularity the grounds in support of the motion; b. Set forth the relief or order sought; and c. Specify the citations of the authorities upon which the motion is based.
Document Type
Motion Memorandum
Every pleading filed after the initial pleading must specify the case number, judge information, filing attorney's identifying information, and each pro se litigant's contact information.
All pleadings filed subsequent to the initial pleading shall specify: 1. The case number. 2. The name of the judge who was assigned to the case or the name of the judge who heard the case and the magistrate if applicable. 3. The name, address and telephone number of the attorney who is making the filing and the attorney registration number. The attorney's facsimile number and email address should be included if available. 4. The name, address and telephone number of each pro-se litigant.
Document Type
Subsequent Pleading
A primary-counsel designation must be filed when a class of litigants or a party is represented by more than one attorney of record.
A designation of primary counsel shall be filed in the following types of actions: a. A class of litigants represented by more than one attorney of record, or b. A party which is represented by more than one attorney of record.
Document Type
Primary Counsel Designation
Cited unreported opinions must be attached to the pleading and furnished to opposing counsel.
If unreported opinions are cited, copies thereof shall be attached to the pleading and furnished to opposing counsel. Failure to do so may be grounds for striking the pleading or brief.
Document Type
Brief
A motion must include copies of photographs or documentary evidence supporting it when the motion requires consideration of facts outside the record.
Copies of all photographs or documentary evidence that will be used in support of the motion if the motion requires the consideration of facts that do not appear in the record.
Document Type
Motion
The opposition memorandum must include copies of evidentiary materials opposing the motion when facts outside the record must be considered.
Be accompanied by copies of all photographs or documentary evidence that will be used in opposition to the motion if the motion requires the consideration of facts that do not appear in the record
Document Type
Opposition
A party or counsel requesting a view of the premises or scene must submit a written request at or before pretrial.
Any party or their counsel who requests a view of the premises or scene must make a written request for such at or before pretrial.
Document Type
View Request
Debtor's counsel must file a Notice of Bankruptcy and submit an order staying proceedings under 11 U.S.C. 362.
counsel for the debtor shall file with the Court a Notice of Bankruptcy and shall submit an order staying proceedings as provided by the provisions of 11 U.S.C. 362.
Document Type
Notice Of Bankruptcy
Debtor's counsel must immediately notify the court of a bankruptcy action that would permit the case to proceed.
Counsel for the debtor shall immediately notify the Court of any action of the Bankruptcy Court which would permit the Court to proceed with the case.
Document Type
Notice Of Bankruptcy
Counsel must notify the court of a settlement and present a termination entry for approval within 30 days.
Counsel shall notify the Court if a case is settled and present a termination entry for approval within thirty (30) days.
Document Type
Termination Entry
A pretrial statement must be filed at least one week before trial and must contain the specified information where appropriate.
The Court may review and discuss with counsel their Pretrial Statements (to be filed at least one week prior to trial) which must contain the following information where appropriate:
Document Type
Pretrial Statement
A discovery application or motion must include a certificate describing the specific times and methods used to attempt informal resolution.
A certificate to that effect shall be affixed to or made a part of the application or motion and it shall include the specific times and methods of attempted informal resolution.
Document Type
Discovery Application Or Motion
After the consolidation entry is filed, all parties must reference every case number on subsequent pleadings and other papers.
Upon filing of the Entry, all parties shall be required to reference all case numbers on all subsequent pleadings and other papers filed with the Court.
Document Type
Subsequent Pleadings And Filed Papers
Every default-judgment motion must state the extent of any contact with the defaulting party or the defaulting party's counsel and include a proposed judgment entry.
All motions shall recite that the moving counsel has not been contacted by the defaulting party or counsel for the defaulting party, or if contact has been made, the extent to which such contact had been made. All motions for default judgment shall be accompanied by a proposed judgment entry.
Document Type
Default Judgment Motion
If unable to submit the initial affidavit, the judgment seeker must instead file an affidavit stating that the defaulting party is in military service or that the affiant cannot determine the military-service status.
If unable to file such an affidavit, the party seeking judgment shall file an affidavit setting forth that the party in default is either in the military service or that the affiant is not able to determine whether or not the defaulting party is in the service, so that judgment can be entered as required under 50 U.S.C. 520, et seq.
Document Type
Alternative Military Service Affidavit
A party seeking default judgment must file an affidavit showing that the defaulting party is not in military service.
If there shall be a default judgment of any appearance by any party, the party seeking judgment shall file with the Court an affidavit setting forth facts showing the party in default is not in the military service.
Document Type
Military Service Affidavit
A judgment by confession must be written, state the debt or cause of action decided, and be filed with the Clerk.
All judgments by confession shall: 1. Be in writing; 2. State the debt or cause of action decided; and 3. Be filed with the Clerk.
Document Type
Judgment By Confession
When a judicial sale of real estate is contemplated, the requesting party or attorney must endorse the pleadings with the specified certification.
Endorse on the pleadings the following Certification:
Document Type
Pleadings
A contemplated judicial real-estate sale requires filing the original preliminary judicial report, updated to no more than 30 days before the complaint is filed.
File with the Clerk of Courts the original guaranteed evidence of the state of the record title to the property in question (preliminary judicial report), prepared and extended by a responsible title and abstract company to a date not over thirty (30) days prior to the filing of the Complaint
Document Type
Preliminary Judicial Report
A real-estate sale judgment must be accompanied by the original final judicial report, including the docket, property location, and title state updated within 30 days before filing.
File with the Clerk of Courts the original final certificate of extension of the evidence of title (final judicial report) prepared and extended by a responsible title and abstract company, which includes a copy of the case docket, the address or location of the property, and the record state of title as of a date not more than thirty (30) days prior to the filing of the judgment entry.
Document Type
Final Judicial Report
A decree or judgment entry ordering a real-estate sale must bear the specified updated title certification.
With any Decree or judgment entry subsequently issued which orders the sale of real estate, the party or attorney having requested said sale shall do the following: 1) Endorse on the Decree or judgment entry the following Certification:
Document Type
Judgment Entry
A party seeking default or summary judgment on a foreclosure claim must file a completed Certificate of Readiness with the motion.
Any party seeking a default or summary judgment on a claim for foreclosure must file a completed "Certificate of Readiness" (Exhibit D) along with the party's motion for default judgment or summary judgment.
Document Type
Motion
Plaintiff's counsel must use the attached Exhibit E deed form, or a substantially similar form, for all deeds resulting from court-ordered judicial sales, including foreclosures.
Plaintiff's counsel shall be responsible to utilize the deed form attached herewith and marked as "Exhibit E", or a form substantially similar to that which is attached, when preparing all deeds resulting from judicial sales ordered by the Court of Common Pleas, including foreclosures.
Document Type
Judicial Sale Deed
The filing must include an Interim Report, two copies of the Final Report and Answer, and a Fifteen-Day Demand Letter with proof of service.
Interim Report, two (2) copies of the Final Report and Answer, and the Fifteen-Day Demand Letter with proof of service.
Document Type
Fifteen Day Demand Letter
An objection to a finding of fact must be supported by a transcript of all relevant evidence, or by an affidavit if a transcript is unavailable.
Any objection to a finding of fact in the Magistrate's decision shall be supported by a transcript of all the evidence submitted to the Magistrate relevant to that fact or an affidavit of that evidence if a transcript is not available.
Document Type
Objections To Magistrate Decision
The notice of appeal must identify the order appealed from and the ground for appeal.
A notice of appeal that sets forth the order appealed from and the ground for appeal.
Document Type
Notice Of Appeal
A party appealing an administrative-agency order must file specified papers with the Clerk of Courts.
File the following with the Clerk of Courts:
Document Type
Administrative Appeal
The appellant must file a copy of the notice of appeal with the administrative agency.
A copy of the notice of appeal.
Document Type
Notice Of Appeal
The statement directs the agency to prepare and file a complete transcript of all original papers, testimony, and evidence within forty (40) days.
A statement that directs the agency to prepare and file within forty (40) days a complete transcript of all the original papers, testimony, and evidence offered, heard, and taken in consideration in issuing the decision which is being appealed.
Document Type
Transcript Request Statement
An appellant must file with the Clerk a statement directing the agency to prepare and file a complete transcript with the court within 40 days.
A copy of the statement that directs the agency to prepare and file with the Court within forty (40) days a complete transcript of all the original papers, testimony and evidence offered, heard, and taken into consideration in issuing the decision which is being appealed.
Document Type
Transcript Request Statement
Failure to submit written objections by the final pretrial conference may be treated by the court as a waiver of those objections.
Failure to submit objections IN WRITING to the Court at or before Final Pretrial Conference, may be considered by the Court as a waiver of objections.
Document Type
Deposition Objections
The reply memorandum may address only matters rebutting the opposition memorandum.
The reply memorandum shall be restricted to matters in rebuttal of the memorandum in opposition.
Document Type
Reply
The Court Mediator must prepare and file a Status of Mediation form after each mediation.
The Court Mediator shall prepare and file a Status of Mediation form after each mediation to inform the Court of the status of the referred case.
Document Type
Status Of Mediation
After the agency files the complete transcript, the Clerk must notify the appellant of the filing date.
Upon the agency filing a complete transcript of all original papers, the Clerk of Courts shall notify the appellant of the date that the transcript was filed.
Document Type
Transcript Filing Notice
Filing & Service rules
Electronic Filing Rules
Proposed orders may not be submitted electronically and must be sent in hard copy to the assigned judge or magistrate.
i. No proposed orders shall be submitted electronically. Any proposed orders must be forwarded in hard-copy to the assigned Judge or magistrate.
The Clerk of Courts is not authorized to receive or send pleadings, attachments, or necessary correspondence by facsimile transmission.
I. The Clerk of Courts is not authorized to receive and send pleadings, attachments and necessary correspondence by facsimile transmission.
The Clerk may not receive or send pleadings, attachments, or necessary correspondence by facsimile transmission.
I. The Clerk of Courts is not authorized to receive and send pleadings, attachments and necessary correspondence by facsimile transmission.
Page 24 | RULE 2.04 FILING BY FACSIMILE TRANSMISSION
The Clerk of Courts is authorized to receive and send pleadings, attachments, and necessary correspondence electronically subject to ORC 2303.081.
II. The Clerk of Courts is authorized to receive and send pleadings, attachments and necessary correspondence by electronic transmission within the parameters set forth in ORC 2303.081.
Pleadings and documents may be filed with the Clerk of Court in paper or electronic format.
a. Pleadings or documents may be filed with the Clerk of Court in paper or electronic format.
The Clerk determines whether electronic filings will be submitted by email or through an online platform.
b. The Clerk shall determine whether the filing of pleadings or documents in electronic format may be accomplished either by electronic mail or through the use of an online platform.
Filing Timing and Cure Windows
An e-filing is filed on the date and time the Clerk's platform accepts it, and requests received by 4:00 p.m. during regular business hours are processed that same day.
j. The date and time an e-filing is "accepted" on the clerk's e-filing platform shall be the date and time of filing on the case record. The Clerk's office shall process all filing requests that are received on or before 4:00pm during regular business hours, that same day.
The Clerk may not accept or docket an entry until the appropriate judge approves it.
No entry shall be accepted or docketed by the Clerk until it is approved by the appropriate judge.
Page 6 | RULE 1.13 — I. FILING — A. Duties of Clerk
A moving party may file a reply memorandum, which must be filed within 10 days after service of notice of the opposition memorandum.
C. Moving parties may file a reply memorandum to the opposing party's memorandum in opposition to the motion. The reply brief must be filed within ten (10) days from the time notice of the opposing party's memorandum in opposition to the motion was served, pursuant to Ohio Civ. R. 6(E).
Page 25 | B. Opposing Parties
The opposition memorandum must be filed and served within 14 days after service of notice of the motion.
Be filed and served within fourteen (14) days from the time notice of the motion was served, pursuant to Ohio Civ. R. 6(E).
Page 25 | B. Opposing Parties
The pretrial statement must be filed at least one week before trial.
The Court may review and discuss with counsel their Pretrial Statements (to be filed at least one week prior to trial)
Page 28 | III. FINAL PRE-TRIAL CONFERENCE
A request for a view made after pretrial will not be granted.
Requests made after pretrial will not be granted.
Page 28 | VII. REQUEST FOR VIEW
A termination entry must be presented for approval within 30 days after the case is settled.
Counsel shall notify the Court if a case is settled and present a termination entry for approval within thirty (30) days.
Page 28 | IV. SETTLED CASES
Except for the listed discovery materials, all papers required to be served after the complaint must be filed within three days after service.
In accordance with Ohio Civil Rule 5(D), all papers, after the complaint, required to be served upon a party shall be filed with the Court within three days after service, but depositions upon oral examination, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not be filed unless on order of the Court or for use as evidence or for consideration of a motion in the proceeding.
Page 29 | RULE 2.09 — IV. DISCOVERY PAPERS
An entry ordering consolidation must be filed with the Clerk of Courts within five days after the court grants consolidation.
When two or more cases are consolidated, an Entry ordering said consolidation shall be filed with the Clerk of Courts within five days of the Court granting the consolidation.
Page 31 | RULE 2.14 CONSOLIDATION OF CASES
A court judgment becomes effective when its judgment entry is filed and journalized with the Clerk of Courts.
The judgment of the Court shall be effective upon the filing and journalization of a judgment entry with the Clerk of Courts.
Page 32 | RULE 2.17 JUDGMENT — I. ENTRY OF JUDGMENT — A. Procedure
After a contested decision, counsel must prepare the final entry and submit it to opposing counsel for approval within fourteen days.
After a decision has been rendered by the Court or Jury in a contested matter, the Court will request that counsel prepare the final entry. Counsel shall have fourteen (14) days to submit the final entry to opposing counsel for approval.
Page 32 | RULE 2.17 JUDGMENT — I. ENTRY OF JUDGMENT — A. Procedure
After receiving the final entry, opposing counsel has seven days to submit it to the court for approval.
Opposing counsel shall have seven (7) days to submit the entry to the Court for approval.
Page 32 | RULE 2.17 JUDGMENT — I. ENTRY OF JUDGMENT — A. Procedure
At least 14 days before the scheduled sale date, requesting counsel must file a Certificate of Service of Notice of Sale Date with the Clerk identifying the service details and recipients; failure to do timely may result in denial of sale confirmation.
V. Not less than fourteen (14) days prior to the scheduled sale date, counsel for the party requesting the sale shall file with the Clerk of Courts a Certificate of Service of Notice of Sale Date specifying the date and manner of service and the names and addresses of all interested parties or their respective counsel of record who were sent notice. Failure to timely file the certificate of service required by this rule shall constitute grounds for denial of the confirmation of sale.
Page 35
A motion to set aside a magistrate's pretrial order must state objections with particularity and be filed within ten days after the order is entered.
Any person may appeal to the Court from any order of a magistrate under division III (A) of this rule by filing a motion to set the order aside, stating the party's objections with particularity. The motion shall be filed no later than ten days after the magistrate's order is entered.
Page 47 | RULE 2.32 III.B
A transcript request must be submitted to the proper court reporter within three days after objections are filed.
The request for a transcript shall be submitted to the proper court reporter within three (3) days after filing of objections.
Page 48 | RULE 2.32 VII
The moving party must file the transcript within thirty days after objections are filed, unless the magistrate extends the time in writing for reporter inability or waives the transcript requirement upon motion.
A transcript must be filed with the Court by the moving party within thirty (30) days after the filing of objections to the Magistrate's decision unless the Magistrate, in writing, extends the time for inability of the reporter to complete the transcript of the testimony, or, upon motion, waives the requirement for filing a transcript.
Page 48 | RULE 2.32 VII
A party may file objections or a response within ten days after another party timely files objections.
If any party timely files objections, any other party may also file objections or a response not later than ten (10) days after the first objections are filed.
Page 48 | RULE 2.32 VI.A
Any party may file objections to a magistrate's decision within fourteen days after the decision is filed.
Objections to the Magistrate's decision may be filed by any party within fourteen (14) days of the filing of the Magistrate's decision.
Page 48 | RULE 2.32 VI.A
Appellee’s counsel must file the appellee’s brief within 15 days after service of the appellant’s brief.
Within fifteen (15) days after service of appellant's brief, counsel for appellee shall file his brief.
Page 52 | RULE 2.34 — APPEAL FROM ADMINISTRATIVE AGENCIES
The appellant must file any reply brief within 10 days after the appellee’s brief is served.
All reply briefs shall be filed by appellants within ten (10) days after appellee's brief has been served.
Page 52 | RULE 2.34 — APPEAL FROM ADMINISTRATIVE AGENCIES
Unless the court grants an extension, the appellant must file the claim of error, brief, and other essential papers within 20 days after the later of the notice-of-appeal filing or transcript filing.
Unless the Court has authorized an extension of time, the appellant shall file a claim of error, brief, and all other essential papers within twenty (20) days after the notice of appeal has been filed or the filing of the transcript, whichever is later.
Page 52 | RULE 2.34 — APPEAL FROM ADMINISTRATIVE AGENCIES
The court will automatically set a non-oral hearing one day after the reply-brief filing deadline expires.
The motion will automatically receive a non oral hearing from the court (1) day after the deadline for moving parties to file their "reply memorandum to the opposing party's memorandum in opposition" has expired.
Page 25 | B. Opposing Parties
Deposition notices, interrogatories, discovery requests, requests for admission, and related answers and responses may not be filed absent a court order or specified use in the proceeding.
Depositions upon oral examination, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not be filed unless on order of the Court or for use as evidence or for consideration of a motion in the proceeding.
Page 29 | RULE 2.09 — IV. DISCOVERY PAPERS
If counsel refuses to sign an entry and does not submit an alternative within seven days, the original entry must go to the court with a notation that it was not signed or returned.
If counsel refuses to sign an entry presented and does not present an alternative entry within seven (7) days, the original entry shall be presented to the Court for approval with a notation that the entry was submitted, was not signed or returned by counsel.
Page 32 | RULE 2.17 JUDGMENT — I. ENTRY OF JUDGMENT — B. Objection to Entries of Judgment
A receiver must file an affidavit stating that property was sold for the best price obtainable within ten days after any sale.
the receiver shall file an affidavit to that effect within ten (10) days after any sale.
Page 45 | III. SALES BY RECEIVERS
A receiver must file a report of receipts and disbursements with the Clerk of Courts within 90 days after appointment and every 90 days thereafter.
Within ninety (90) days of the date of their appointment and every ninety (90) days thereafter receivers shall file a report of receipts and disbursements with the Clerk of Courts.
Page 46 | D. Duties Of Receivers
When a party requests findings of fact and conclusions of law, the objection-filing period begins when the magistrate files the decision containing those findings and conclusions.
If a party makes a request for findings of fact and conclusions of law, the time for filing objections begins to run when the Magistrate files a decision including findings of fact and conclusions of law.
Page 48 | RULE 2.32 VI.A
Service and Proof of Service Rules
For service requests, file-stamped hard copies must be provided to the Clerk of Courts, and service will not issue until the necessary copies are received.
For service requests, file-stamped hard-copies must be provided to the Clerk of Courts as necessary for service of process. Service will not be issued until the necessary copies are provided to the Clerk of Court.
Page 3
File-stamped hard copies must be provided to the Clerk of Courts when needed for service of process.
For service requests, file-stamped hard-copies must be provided to the Clerk of Courts as necessary for service of process.
The Clerk must reject a document requiring service on counsel or parties if it does not designate their names and addresses.
The Clerk shall not accept for filing any document that must be served upon counsel or parties which does not designate their names and addresses.
Page 6 | RULE 1.13 — I. FILING — C. Documents Requiring Service or Notice
The Clerk must reject a civil filing that lacks instructions for service.
In addition, the Clerk shall not accept a civil filing without instructions for service.
Page 6 | RULE 1.13 — I. FILING — C. Documents Requiring Service or Notice
When service is by publication, the publisher or agent must file an affidavit proving publication and a copy of the notice of publication; together they constitute proof of service.
1. After the last publication, the publisher or agent shall file with the Court: a. an affidavit showing publication was made, and b. a copy of the notice of publication. The affidavit and copy of the notice shall together constitute proof of service.
Page 20 | CIVIL RULES OF PRACTICE AND PROCEDURE, RULE 2.01, III. STEP ONE
Court orders, decisions, opinions, and other papers served by the Court or Clerk must be served only on the designated primary counsel.
All court orders, decisions, opinions, or papers served by the Court or the Clerk of Courts shall be served only upon the designated primary counsel for the class, party, or parties.
Page 24 | RULE 2.05 PLEADINGS AND MOTIONS — I. PLEADINGS — A. Initial Pleadings
Opposing parties must file and serve a memorandum in opposition to the motion filed and served against them.
All parties opposing motions shall file and serve a memorandum in opposition to the motion that has been filed and served against them.
Page 25 | B. Opposing Parties
A plaintiff or counsel filing a voluntary notice or stipulation of dismissal must immediately deliver a copy to the assigned judge and magistrate.
Any plaintiff or plaintiff's counsel who has filed a notice of dismissal or a stipulation of dismissal pursuant to Rule 41(A)(1) of the Ohio Rules of Civil Procedure shall immediately deliver a copy of the notice or stipulation to the Judge and magistrate assigned to the case so that the Judge and magistrate are promptly informed of the voluntary dismissal of the action.
Page 31 | RULE 2.15 DISMISSAL OF ACTIONS — I. VOLUNTARY DISMISSAL: NOTICE REQUIREMENT
Counsel must include a certificate of service on the default-judgment motion, notice, and judgment.
Counsel shall endorse the motion, notice and judgment with a certificate of service as required by Rule 5(D) of the Ohio Rules of Civil Procedure.
Page 32 | RULE 2.17 JUDGMENT — II. DEFAULT JUDGMENT — B. Form
Failure to provide the required certificate may justify vacating default judgment unless the record establishes that the judgment target's name or address is unknown.
Failure to provide a certificate constitutes an irregularity and a ground for the vacation of judgment unless the record establishes that the name or address of the party against which judgment is sought is unknown.
Page 32 | RULE 2.17 JUDGMENT — II. DEFAULT JUDGMENT — B. Form
At an uncontested hearing, counsel must furnish the final entry and supporting orders with enough copies for service on every party.
At all uncontested hearings, counsel shall furnish the final entry with supporting orders and sufficient copies to be served on all parties.
Page 32 | RULE 2.17 JUDGMENT — I. ENTRY OF JUDGMENT — A. Procedure
The Clerk must mail the defendant one copy of the notice of judgment entry on the same day the Clerk receives it from plaintiff.
Mail one copy of defendant's notice of judgment entry to the defendant on the same day the copy was received from the plaintiff;
Page 33 | III. JUDGMENT BY CONFESSION
The Clerk must file one copy of the defendant's notice in the case file the same day received, endorse the docket, and file the certificate and return of mailing.
File one copy of the defendant's notice of judgment entry in the case file on the same day it was received from the plaintiff; and c. Endorse on the docket and file in the case the certificate of mailing and the return of mailing.
Page 33 | III. JUDGMENT BY CONFESSION
After entry of judgment, plaintiff's attorney must give the Clerk two notices for the defendant and a properly addressed and stamped certified-mail envelope, unless a filestamped duplicate judgment naming each defendant is used as notice.
Upon entry of judgment, Plaintiff's attorney shall deliver the following to the Clerk: a. Two copies of the notice of judgment entry for the Defendant. A duplicate of the judgment may be used as notice if it has been filestamped by the Clerk and bears the name of each defendant; and b. One envelope that is addressed to the defendant, bears the Clerk's return address and is properly stamped for certified mail.
Page 33 | III. JUDGMENT BY CONFESSION
The requesting attorney or party must promptly mail notice of the sheriff's sale time, date, and location to record owners, non-default interested parties, or their counsel of record.
In every action in any division of the Common Pleas Court of Clark County, Ohio wherein a judicial sale of real estate is ordered by the Court, the attorney for the plaintiff, or such other party requesting the sale, shall promptly mail notice of the time, date and location of the Sheriff's sale to the record owner(s) of the subject real estate and to all other interested parties not in default for failure to appear, or their counsel of record, at
Page 34 | RULE 2.23 JUDICIAL SALE OF REAL ESTATE
Real-estate record owners must be noticed by mail in all cases, including cases where they have defaulted, unless they were originally served with summons solely by publication.
The record owner(s) of the real estate shall be noticed by mail in all cases whether or not in default for failure to appear, except when said owner(s) were originally served with summons solely by publication.
Page 35
Parties in default of answer need not receive notice of sale except by publication under Sections 2329.26 and 2329.27 of the Ohio Revised Code.
No other parties to the proceeding in default of answer need be served with notice of sale except by publication as provided by Sections 2329.26 and 2329.27 of the Ohio Revised Code.
Page 35
Notice of the receiver-appointment hearing must be served on interested parties unless the court finds that notice would cause irreparable harm to the plaintiff.
Notice of the hearing shall be served on interested parties unless the Court finds that the time taken to give notice will result in irreparable harm to the plaintiff;
Page 42 | RULE 2.29 — I. IN GENERAL — A. Procedure Upon Filing Of Motion For The Appointment Of A Receiver
For a real-estate foreclosure receiver appointment hearing, interested parties receive notice by attachment to the complaint and original summons or by certified mail, and the property owner must receive notice three days before the hearing.
Notice of the hearing shall be served on interested parties either by attachment to the complaint and original summons, or by certified mail in accordance with the Ohio Rules of Civil Procedure; and c. Notice shall be served on the owner of the property three (3) days before the hearing.
Page 45 | IV. RECEIVERS IN REAL ESTATE FORECLOSURES
A receiver may not sell property to a former owner or another person interested in the receivership until all creditors receive notice fixing the sale-confirmation date.
No sale shall be made to a former owner or to any person interested in the business or operation of the receivership until notice is served on all creditors fixing a date for confirmation of the sale.
Page 45 | III. SALES BY RECEIVERS
The jury-service notice and questionnaire must be combined into a single, readily understandable document delivered by ordinary mail.
The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person will be: 1. Combined in a single document; 2. Phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems; and 3. Delivered by ordinary mail.
Page 11 | XI. NOTIFICATION AND SUMMONING PROCEDURES
The Scheduling Order must be filed, and copies must be forwarded to the parties by email or ordinary mail; parties must provide their email addresses.
The Scheduling Order will be filed and copies will be forwarded to the parties by email or ordinary mail. (The parties are required to provide their respective email addresses in compliance with these rules).
Page 27 | II. SCHEDULING CONFERENCE
A proponent must provide copies of written materials intended for reading into evidence to the court and other counsel at pretrial.
If written materials are to be read into evidence, copies of these materials shall be provided by the proponent to the Court and other counsel at pretrial.
Page 28 | VI. WRITTEN MATERIALS TO BE READ INTO EVIDENCE
A receiver requesting extraordinary-service fees above fifteen percent must mail notice of the hearing application, request, hearing date, and hearing place to all known creditors and shareholders.
When fees in excess of fifteen (15) percent are requested for extraordinary services, the receiver shall mail to all known creditors and/or shareholders, if any, a notice of the hearing on the application, the nature of the request, and the date and place of the hearing.
Page 45 | III. SALES BY RECEIVERS
When property must be sold, notice stating the sale's time, place, and terms must be given to all claim-having creditors and interested stockholders.
When it becomes necessary to sell property, notice of the time, place, and terms of the sale shall be given to all creditors who have filed claims and to all stockholders who have an interest in the sale.
Page 45 | III. SALES BY RECEIVERS
A Request for Mediation form must be served with the complaint in every new foreclosure action.
A "Request for Mediation" form will be served with the complaint in all new foreclosure actions.
Page 49 | II. REFERRAL TO MEDIATION
Filing Fees and Waivers
Failure to provide required hard copies of an e-filed document results in a reproduction-cost fee, with the clerk using it to print and add one hard copy to the paper record.
Failure to produce hard-copies of e-filed documents, as set forth above, will result in a fee equal to the cost of reproducing the e-filed document in hard copy, said fee shall be applied by the clerk to cover the cost of printing a single hard-copy of the e-filed document for the paper record, and the clerk shall add said hard-copy to the paper record.
Page 3
A party must first deposit security for potential costs before filing a civil action or proceeding, unless otherwise provided by law.
No civil action or proceeding shall be accepted by the Clerk for filing unless the party offering the same for filing shall have first deposited a sum to secure the payment of the costs that may accrue in such action or proceeding, except as otherwise provided by law.
Page 22 | RULE 2.03 DEPOSITS FOR COSTS
A party requesting subpoena service must pay each witness by check or money order made payable to that witness.
The party requesting service of a subpoena shall provide payment to the Clerk of Court, in the form of a check or money order made payable to each witness.
Page 31 | RULE 2.13 PAYMENT OF WITNESS FEES
A party must post a $25 deposit for each out-of-County witness requiring foreign county sheriff service.
The party shall post a deposit of $25.00 to the Clerk of Courts, per witness residing outside of Clark County requiring foreign county sheriff service.
Page 31 | RULE 2.13 PAYMENT OF WITNESS FEES
The party on whose behalf a witness is subpoenaed must pay that witness's fees and mileage.
The fees and mileage of witnesses shall be paid by the party on whose behalf the witness is subpoenaed.
Page 31 | RULE 2.13 PAYMENT OF WITNESS FEES
A $75.00 check payable to the Clark County Clerk of Courts is required for personal earnings garnishments.
The Clerk of Courts requires a check in the amount of $75.00 payable to the Clark County Clerk of Courts for personal earnings garnishments.
Page 47 | GARNISHMENT FEES
Other garnishments require a $75.00 deposit to the Clerk of Courts and a $1.00 check payable to the garnishee.
All other garnishments require a $75.00 deposit to the Clerk of Courts and a check in the amount of $1.00 payable to the garnishee.
Page 47 | GARNISHMENT FEES
A filer exempt from filing fees must file documents in person or by mail to avoid paying costs.
e. Any filer who is exempted from filing fees, in order to avoid the payment of costs, must file their documents in person or by mail.
Electronic filing fees may be paid after filing, and advance payment is prohibited unless the Clerk provides an electronic payment system.
c. The fee for filing pleadings or documents in electronic format may be paid after the filing. The clerk shall not require that any fee for the filing of pleadings or documents in electronic format be paid before the filing, unless the clerk has provided for an electronic payment system for such filing.
The electronic filing fee may not exceed the applicable paper filing fee.
d. The clerk shall not require a fee for the filing of pleadings or documents in an electronic format that is greater than the applicable fee for the filing of pleadings or documents in paper format.
Filing a certificate of judgment requires a $25.00 fee.
FILING CERTIFICATE OF JUDGMENT...$ 25.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CERTIFICATE OF JUDGMENTS
A jury deposit is $500.00.
JURY DEPOSIT...$500.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CIVIL
A quiet-title action requires a $275.00 cost deposit.
QUIET TITLE...$275.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CIVIL
A new civil case requires a $275.00 cost deposit.
NEW CIVIL CASE ...$275.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CIVIL
Making a certificate of judgment requires a $5.00 fee.
MAKING CERTIFICATE OF JUDGMENT...$ 5.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CERTIFICATE OF JUDGMENTS
Renewal of a certificate of judgment requires a $30.00 fee.
RENEWAL OF CERTIFICATE OF JUDGMENT...$ 30.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CERTIFICATE OF JUDGMENTS
Each additional person served requires a $20.00 cost deposit.
ADDITIONAL SERVICE PER PERSON...$ 20.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CIVIL
A request for an order of sale requires a $550.00 cost deposit.
REQUEST ORDER OF SALE...$550.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — EXECUTIONS
An aid of execution requires a $225.00 cost deposit.
AID OF EXECUTION...$225.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — EXECUTIONS
A notary oath requires a $1.00 fee.
OATH OF NOTARY...$ 1.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — NOTARY
A garnishment cost deposit includes an additional $1.00 for each bank attachment.
(plus $1.00 for bank attachments)
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CIVIL
A garnishment requires a $70.00 cost deposit.
GARNISHMENTS...$ 70.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CIVIL
A new special case requires a $95.00 cost deposit.
NEW SPECIAL CASE...$ 95.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CIVIL
Recording a notary requires a $5.00 fee.
RECORDING NOTARY...$ 5.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — NOTARY
A full release of a certificate of judgment requires a $5.00 fee.
FULL RELEASE OF CERTIFICATE OF JUDGMENT...$ 5.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CERTIFICATE OF JUDGMENTS
A writ of possession requires a $125.00 cost deposit.
WRIT OF POSSESSION...$125.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — EXECUTIONS
A third-party or intervenor complaint requires a $125.00 cost deposit.
THIRD PARTY/INTERVENOR COMPLAINT...$125.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CIVIL
A cross-claim or counterclaim requires a $100.00 cost deposit.
CROSS CLAIM/COUNTERCLAIM...$100.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CIVIL
A debtor's examination requires a $125.00 cost deposit.
DEBTORS EXAM...$125.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — EXECUTIONS
A foreign certificate of judgment requires a $120.00 fee.
FOREIGN CERTIFICATE OF JUDGMENT...$120.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CERTIFICATE OF JUDGMENTS
A new foreclosure case requires a $600.00 cost deposit.
NEW FORECLOSURE...$600.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CIVIL
A party requesting service by publication must arrange publication in a newspaper of general circulation, bear the costs, and may later have those costs taxed with an affidavit of publication.
In all cases of service by publication, the party desiring such service shall file any publication with any newspaper of general circulation and shall be responsible for said costs, which costs may thereafter be taxed as costs by entry with the affidavit of publication.
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — SERVICE BY PUBLICATION
A partial release of a certificate of judgment requires a $5.00 fee per page.
PARTIAL RELEASE OF CERTIFICATE OF JUDGMENT(Per Page)...$ 5.00
Page 22 | RULE 2.03 DEPOSITS FOR COSTS — CERTIFICATE OF JUDGMENTS
The agency must certify its transcript cost to the Clerk, who will tax that amount as a court cost.
The administrative agency shall certify the cost incurred in providing the same to the Clerk of this Court who shall tax any such cost as court cost in the case.
Page 52 | RULE 2.34 — APPEAL FROM ADMINISTRATIVE AGENCIES
The administrative agency must initially pay for a complete transcript of the original papers, testimony, and evidence presented at the administrative hearing.
It shall be the initial responsibility of the administrative agency to pay the cost of a complete transcript of the original papers, testimony and evidence offered at the administrative hearing.
Page 52 | RULE 2.34 — APPEAL FROM ADMINISTRATIVE AGENCIES
Courtesy Copy Requirements
For each e-filed document, provide the Clerk of Courts with one hard copy for the physical file and one additional courtesy copy for the assigned judge or magistrate.
Management System and mail or hand-deliver the hard-copy to the Clerk of Courts Office one (1) copy to be filed in the physical file as well as one (1) additional courtesy copy to be forwarded to the office of the assigned Judge or magistrate.
Page 3
Within five business days after acceptance of an e-filing, the filer must print a file-stamped copy and mail or personally deliver one copy for the physical file and one additional courtesy copy to the assigned judge or magistrate.
h. In order to maintain a paper file for the use of the Court system, a filer shall, within five (5) business days of the acceptance of e-filing by the clerk of courts, print a file-stamped copy of said filing from the Case Management System and mail or personally deliver said hardcopy to the Office of the Clark County Common Pleas Court Clerk's Office one (1) copy to be filed in the physical file as well as one (1) additional courtesy copy to be forwarded to the office of the assigned Judge or magistrate.
Parties must deliver a copy of each motion requiring the Court's attention to the assigned judge.
Parties shall deliver copies of each motion that requires the attention of the Court to the assigned judge.
Page 26 | Clerk of Courts — 1. Motions
Parties must deliver copies of all opposition memoranda to the assigned judge.
The parties shall deliver copies of all Memoranda In Opposition to motions to the assigned judge.
Page 26 | Clerk of Courts — 2. Memoranda In Opposition
Pre-Motion Conference Requirements
Before filing a discovery-related application, objection, or sanctions motion, counsel must discuss the impasse with opposing counsel and make a diligent effort to resolve it informally.
No application for protective order, objections to any form of discovery, motions for sanctions or the like shall be filed until the impasse which provoked it has been discussed with opposing counsel, and a diligent effort has been made to solve the problem informally.
Page 30 | RULE 2.09 — V. EFFECT OF RULE: CERTIFICATE
Adjournment & Extension Requirements
A continuance motion must be written, state the reason, be endorsed by the client, and be accompanied by an entry granting it and rescheduling the matter.
The Court shall not grant a motion for continuance of a trial date without the motion being in writing, stating the reason for the continuance and endorsed in writing by the client. Counsel shall provide the Court with an entry granting the motion and reassigning the matter for a date and time when all counsel are available. The Court shall not grant a continuance without rescheduling.
Page 21 | D. Continuances
Fixed scheduling dates may be modified only by court order after a motion showing good cause is filed.
These fixed dates are inflexible and may be modified only by Court order upon the filing of a motion showing good cause.
Page 27 | II. SCHEDULING CONFERENCE
An extension or reduction of time to file a brief or other paper can be approved only before the applicable filing deadline expires.
All requests for extensions or reductions of time to file briefs or other papers shall be approved only before the requisite filing time has expired.
Page 52 | RULE 2.34 — APPEAL FROM ADMINISTRATIVE AGENCIES
For conflicting trial appearances, the first-assigned case has priority, criminal cases have priority over civil cases, and a copy of the trial assignment must be attached to the motion.
When a continuance is requested for the reason that the attorney is scheduled to appear in another case assigned for trial on the same date, the case that was first assigned shall have priority. However, criminal cases assigned for trial shall have priority over civil cases assigned for trial. A copy of the trial assignment must be attached to the motion in order for the motion to be considered.
Page 21 | D. Continuances