Clinton County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A party may obtain one extension of up to 30 days to answer, plead, or otherwise move by filing a written stipulation approved by all counsel that affirmatively states no prior extension was granted; without that stipulation or for an additional extension, Court approval is required.
- A trial counsel's failure to appear at a pretrial conference may result in the conference being continued and sanctions, including opposing litigants' costs and attorney fees resulting from the continuance.
- The Court may extend the filing time for a brief and assignment of error upon motion and for good cause.
- +10 more
Request must include
Communication
Phone
Document Format Requirements31 rules
All entries must be on a separate sheet of paper and must be captioned with the appropriate style of the case, except entries which immediately follow and adopt a Magistrate's Decision.
Typewritten or printed, double spaced, on 8 1/2" x 11" paper, not less than 11-point and not greater than 12-point regular type font, paginated sequentially.
- Line spacing
- Double
- Paper size
- Letter
- Pleading
- Motion
- Brief
- Other document
All e-Filed documents, pleadings, and papers shall be filed with the Clerk in .pdf (Portable Document Format).
- File type
- E-filed document
- Pleading
A proposed order or proposed entry submitted for review (or other documents requiring a judge’s signature) shall be submitted in Word [.doc] format
- Proposed order
- Proposed entry
Formatting
- •Submit in Word [.doc] format
A document signed by a nonparty must be submitted as a hand-signed, scanned-in PDF, not with a conformed signature.
- File type
Court's wording
Third Party Signatures: A document containing the signature of a third party, who is not a party to the action (i.e., affidavit signed by a doctor, military affidavit signed by a staff member or company representative, etc.), shall be electronically submitted only as a hand-signed (not a conformed signature) scanned-in PDF document.
Documents requiring an original signature, such as an affidavit or other notarized documents shall be e-Filed as a .pdf.
- File type
All filings with the Clerk of Courts must contain a top margin of at least one (1) inch.
- Margins
- Top 1 inch
Exception for Decrees: The Court requires an original and three copies of each Decree.
All pleadings and forms required by the Court shall be typewritten or printed LEGIBLY in INK.
The Court requires an original plus one copy of all filings, plus a sufficient number of copies for service.
- 2. An original and three sets of photocopies of all exhibits, premarked, with the Plaintiff identifying exhibits by number and the Defendant identifying exhibits by letter.
All filings MUST be on the forms provided by the Ohio Supreme Court.
All e-Filed documents, pleadings, and papers shall be filed with the Clerk in .pdf (Portable Document Format).
- File type
A proposed order or proposed entry submitted for review (or other documents requiring a judge's signature) shall be submitted in Word [.doc] format and reference the specific motion to which it applies.
Formatting
- •Submit in Word [.doc] format
Typewritten or printed, double spaced, on 8 1/2" x 11" paper, not less than 11-point and not greater than 12-point regular type font, paginated sequentially.
- Line spacing
- Double
- Paper size
- Letter
A document bearing a nonparty third party’s signature must be electronically submitted only as a scanned PDF bearing that person’s handwritten, not conformed, signature.
- File type
Court's wording
A document containing the signature of a third party, who is not a party to the action (i.e., affidavit signed by a doctor, military affidavit signed by a staff member or company representative, etc.), shall be electronically submitted only as a hand-signed (not a conformed signature) scanned-in PDF document.
Documents requiring an original signature, such as an affidavit or other notarized documents shall be e-Filed as a .pdf.
- File type
All documents related to Civil Protection Orders, Certificates of Judgments and Executions of Judgment shall be filed in paper form with the Clerk.
- File type
- Paper
Exhibits, attachments, or other documents that may not be comprehensibly viewed in .pdf shall be filed in their physical form with the Court.
Pleadings and motions may be amended as provided by Civil Rule 15, but no pleading or motion shall be amended by interlineations or obliteration.
A filed document shall not contain links internal or external to other documents or references to the Court's e-Filing Portal.
Using an incorrect electronic file format may result in a deficiency notice.
Court's wording
By way of examples, notification of deficiencies may be given for reasons including, but not limited to, the use of incorrect electronic file format; failure to pay correct filing fees, including those for a requested jury demand; submitting multiple documents in one uploaded file; incomplete or inaccurate party information; submission of orders or entries and incorrect case number.
Upon expiration of the time for filing the brief as set forth above, the case will be considered submitted on briefs unless oral argument is requested in writing and granted by the Judge to whom the appeal is assigned.
If an attorney or party wants file-stamped copies of any filing or pleading, he/she must provide additional copies as well as an envelope with postage for mailing.
a “Notice of Presentation of Entry” may be filed with the Court in substantial compliance with DR Form 1 (included in Appendix 7).
## ATTACH ADDITIONAL PAGES AS NECESSARY
Formatting
- •Attach additional pages as necessary
A filed document shall not contain links internal or external to other documents or references to the Court's e-Filing Portal.
Submitting multiple documents in one uploaded file may result in a deficiency notice.
Court's wording
By way of examples, notification of deficiencies may be given for reasons including, but not limited to, the use of incorrect electronic file format; failure to pay correct filing fees, including those for a requested jury demand; submitting multiple documents in one uploaded file; incomplete or inaccurate party information; submission of orders or entries and incorrect case number.
E-Filed documents may be signed by a Judge or judicial officer via a digital signature.
The Court strongly encourages pleadings to refer to the parties as Husband/Wife or Mother/Father instead of Plaintiff/Defendant.
If more space is needed, add additional pages.
Document Filing Requirements275 rules
Civil cases shall designate the type of case, according to the Supreme Court definitions.
Every filed pleading, motion, and memorandum must identify filing counsel and, when counsel is a firm, the attorney with primary responsibility.
Court's wording
Every pleading, motion, and memorandum filed shall have typed or printed thereon the name, address, Supreme Court number, and telephone number of counsel filing the same. When the counsel is a firm of attorneys, a particular attorney within the firm having primary responsibility for the case shall be indicated thereon.
The Clerk of Court shall not accept for filing the transcript of a deposition unless it is accompanied by a certification by counsel
All motions shall be accompanied by a brief or memorandum stating the grounds thereof and citing the authorities relied upon.
When a new party plaintiff or defendant is added to a case after its commencement, the caption of subsequent pleadings shall contain the name and address of the new party, followed by the specific designation of “new party plaintiff” or “new party defendant” as is applicable.
- Document
- Subsequent pleading
- Placement
- Caption
Counsel shall promptly submit an entry of dismissal to the Judge following settlement of any case.
Counsel who prepared the entry and/or decision shall then submit it to the Court and put the Court on notice if it has not been approved by opposing counsel.
If counsel are unable to agree upon the entry and decision, the matter shall be submitted to the Judge or Magistrate, who will direct what entry and/or decision shall be made.
All entries must be on a separate sheet of paper and must be captioned with the appropriate style of the case, except entries which immediately follow and adopt a Magistrate's Decision.
- Placement
- Caption
Disputed portions of specified discovery requests must be filed with a related Rule 26(C) or Rule 37 motion.
Court's wording
If relief is sought under Ohio Civil Rule 26(C) or Ohio Civil Rule 37 concerning interrogatories, requests for production of documents or inspections, and requests for admissions, copies of the portions of such documents which are in dispute shall be filed with the Court contemporaneously with any motion filed under Ohio Civil Rule 26(C) or Ohio Civil Rule 37.
Leave to file other than through the e-Filing Portal may be granted only by the filing of a motion with the Judge assigned to the case, specifically stating the reasons the attorney/party cannot comply with e-Filing Procedures.
For a document requiring multiple signatures, the submitter must sign it, affirm that its contents are acceptable to all required signers, and indicate the agreement of the other counsel or parties in the appropriate place.
Court's wording
The submitting party or attorney shall sign the stipulation or document himself or herself as follows: “/s/ John Smith” The submitting party or attorney shall then include an affirmation that the contents of the document are acceptable to all persons required to sign the document. The submitter shall indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line.
e-Filed documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/[name].”
- Document
- E-filed document
- Placement
- Signature block
A proposed order or proposed entry submitted for review (or other documents requiring a judge’s signature) shall be submitted in Word [.doc] format and reference the specific motion to which it applies.
In order to submit a proposed order or entry you must select the “proposed entry” document type in the e-Filing portal.
The submitting party or attorney shall then submit the document electronically, identifying all of the other signatories as follows: "/s/ Jane Doe, per written authorization by John Smith, etc."
Consistent with Ohio Rules of Civil Procedure, the filing party shall also file instructions for service
When any complaint or third-party complaint is submitted for electronic filing, the filing party shall file a case designation sheet.
The motion must be accompanied by a signed declaration explaining the failure to meet the deadline.
The notice of default hearing shall set forth the time and place for the default hearing and the original copy of the notice shall be placed in the Court's record-jacket of the case an exhibit of service to the defaulting party.
If the address of any party is unknown or cannot be ascertained with reasonable diligence, notice will be dispensed with upon filing of an affidavit of counsel attesting to such fact.
- a. File a written request for transcripts under the case number with the Clerk;
A. Preliminary Certificate of Title: At the time of the filing of any complaint in actions to quiet title, partition, and/or for the marshalling and foreclosure of liens on real property, except those involving registered lands, the attorney for the plaintiff shall file with the Clerk a Preliminary Certificate of Title as to the condition of the real estate in question for a period of 40 years prior to the filing of the complaint.
The Preliminary Certificate must be addressed to the Court and include the owners, the specified prior recording information, the parcel numbers, and all recorded lienholders and other claimants and their interests.
Court's wording
The Preliminary Certificate, which shall be addressed to the Court, shall include: - 1. The names of the owners of the property; - 2. Reference to the volume, page, and date of the recording of the next preceding recorded instrument by or through which the owners claim title; - 3. The parcel number(s) assigned by the Clinton County Auditor to the property(ies) the subject of the action. - 4. The names of all lien holders of record and any other parties claiming an interest in the real property the subject of the action, and the nature of such interest.
There shall be a count in the complaint to reform the deed, if a new legal description is required.
A Supplemental Certificate of Title shall be issued and filed with the Clerk before the Decree of Foreclosure or Decree of Partition is filed.
If the Tax Map Office rejects a property description, the plaintiff must obtain an approved new or corrected description, evidenced by a supplemental Form 1, before an order of sale is issued.
Court's wording
If the legal description of the property(ies) is rejected for transfer by the Tax Map Office, a legal description obtained from a new survey of the property(ies) or otherwise corrected, and approved by the Tax Map Office, shall be obtained by the plaintiff in the action prior to the issuance of any order of sale for the property(ies) by the Clerk to the Sheriff of this county. Such new description shall be evidenced by a supplemental Form 1, indicating the approval of the legal description by the Tax Map Office.
Prior to the issuance of any judgment in an action to quiet title, partition, and/or for the marshalling and foreclosure of liens on real property, counsel for plaintiff shall complete and file with the Clerk an Attorney's Certification of Readiness (Local Rule 20 - Form 2).
The Supplemental Certificate of Title must report service details for each party, disclose later-filed liens or mortgages and any applicable lis pendens basis, and remain in the case file.
Court's wording
Said Supplemental Certificate shall state the method of service and date of service on each of the parties to the action and shall include a disclosure of any additional liens or mortgages that have been filed since the date of the Preliminary Certificate of Title was issued, and, if applicable, the reasons that such additional liens or mortgages are claimed to be subject to the doctrine of lis pendens, and the holders thereof not necessary parties to the action. The certificates of title shall become and remain part of the file in the case.
To be attached to Preliminary Certificate of Title
1.0) A legible copy of the promissory note is attached to the Complaint or Cross Claim.
3.0) The legal description in the mortgage is correct and has been approved for transfer by the Clinton County Tax Map Office. Local Rule 20 - Form 1 is attached to this Certification.
2.0) A legible copy of the recorded mortgage with a legible legal description is attached to the Complaint or Cross Claim
3.1) The legal description in the mortgage is incorrect. I have asserted a count for reformation of the mortgage. Local Rule- "Form 1 Supplemental" is attached to this Certification.
8.2) Proof that the party seeking judgment is a current holder of record of a mortgage is in the file.(assignment)
6.0) All parties claiming an interest in the subject property(ies), as disclosed in the preliminary and final Certificate of Title have been named as defendant and their interest have been identified.
8.1) Proof that the party seeking judgment is a current holder of a note is in the file. (assignment)
5.0) A Final (Supplemental) Certificate of Title has been filed. Its start date matches the preliminary report's end date and covers the lis pendens date. It lists all additional parties not subject to lis pendens.
Upon application frilled by the offender on Form 30a, the Recovery Docket case manager will initially screen applicants for eligibility.
Filing & Service rules
Electronic Filing Rules
Anyone filing documents in a mandatory e-filing case type must be registered as a user in the e-Filing Portal.
All persons filing documents in the case types designated as mandatory e-File cases shall be registered as users in the e-Filing Portal.
Page 10 | Electronic Transmission Filing (E-Filing) — Users/Registration
Fax filings are not accepted in cases for which e-filing has been implemented.
Fax filings will not be accepted for cases for which e-Filing has been implemented.
Page 10 | Electronic Transmission Filing (E-Filing) — Implementation
In case types designated for mandatory e-filing, documents must be submitted through the e-Filing Portal, and paper filings will not be accepted subject to applicable exceptions.
Once e-Filing is implemented for a particular case type, all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings and other documents submitted in a mandatory e-File case type shall be submitted electronically through the e-Filing Portal. Subject to applicable exceptions, the Clerk shall not accept for filing or file any document in paper form in mandatory e-Filing case types.
Page 10 | Electronic Transmission Filing (E-Filing) — Implementation
Leave to file outside the e-Filing Portal may be granted only on a motion to the assigned judge that specifically states why the attorney or party cannot comply.
Leave to file other than through the e-Filing Portal may be granted only by the filing of a motion with the Judge assigned to the case, specifically stating the reasons the attorney/party cannot comply with e-Filing Procedures.
Page 11 | Electronic Transmission Filing (E-Filing)
All licensed attorneys are expected to use the e-Filing Portal. Any documents received in person, by mail, or fax from a licensed attorney will be returned to the attorney, unfiled, with instructions on how to register as a user of the e-Filing Portal and how submit documents electronically.
All licensed attorneys are expected to use the e-Filing Portal. Any documents received in person, by mail, or fax from a licensed attorney will be returned to the attorney, unfiled, with instructions on how to register as a user of the e-Filing Portal and how submit documents electronically.
Page 11 | Electronic Transmission Filing (E-Filing)
A party represented by counsel may not e-file documents or pleadings on their own behalf, and such filings will be rejected.
Parties who are represented by counsel, are not permitted to e-File documents or pleadings on their own behalf. Such filings shall be rejected.
Page 11 | Electronic Transmission Filing (E-Filing)
The submitting party or attorney must electronically submit the document and identify other signatories using the stated format.
The submitting party or attorney shall then submit the document electronically, identifying all of the other signatories as follows: "/s/ Jane Doe, per written authorization by John Smith, etc."
Page 13 | Electronic Transmission Filing (E-Filing)
Exhibits, attachments, and other documents that cannot be comprehensibly viewed as a PDF must be filed physically with the Court.
Exhibits, attachments, or other documents that may not be comprehensibly viewed in .pdf shall be filed in their physical form with the Court.
Page 16 | Exceptions to E-Filing
Bonds filed in criminal cases must be submitted on paper to the Clerk.
Bonds filed in criminal cases shall be filed in paper form with the Clerk.
Page 16 | Exceptions to E-Filing
A document requiring a filing deposit or fee must be filed in the same manner as any other e-filed document.
Any document requiring payment of a filing Deposit or fee to the Clerk in order to achieve valid filing status shall be filed in the same manner as any other E-Filed document.
Page 16 | Collection and Filing Deposit Fees
Subpoenas to be issued by the Clerk must be filed on paper with the Clerk.
Subpoenas which are to be issued by the Clerk shall be filed in paper form with the Clerk.
Page 16 | Exceptions to E-Filing
Documents related to Civil Protection Orders, Certificates of Judgment, and Executions of Judgment must be filed on paper with the Clerk.
All documents related to Civil Protection Orders, Certificates of Judgment and Executions of Judgment shall be filed in paper form with the Clerk.
Page 16 | Exceptions to E-Filing
Filings requiring a Judge or Magistrate’s signature must be dropped off at the Clerk of Courts, except those requiring compliance review.
All court filings (other than those requiring compliance review) requiring a Judge or Magistrate's signature shall be dropped off at the Clerk of Courts.
Page 36 | 6.04 COMPLIANCE AND PROCEDURE FOR FILING DECREES, ENTRIES, MAGISTRATE'S DECISIONS, ORDERS — B. Other Filings
Represented parties may not e-file documents on their own behalf, and such filings will be rejected.
Parties who are represented by counsel, are not permitted to e-File documents or pleadings on their own behalf. Such filings shall be rejected.
Page 2 | B. Users/Registration
In case types where e-filing is mandatory, covered documents must be submitted through the e-Filing Portal, and paper filings are not accepted subject to applicable exceptions.
Once e-Filing is implemented for a particular case type, all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings and other documents submitted in a mandatory e-File case type shall be submitted electronically through the e-Filing Portal. Subject to applicable exceptions, the Clerk shall not accept for filing or file any document in paper form in mandatory e-Filing case types.
Page 2 | A. Implementation
Licensed attorneys are expected to use the Portal, and their documents submitted in person, by mail, or by fax will be returned unfiled with registration and e-filing instructions.
All licensed attorneys are expected to use the e-Filing Portal. Any documents received in person, by mail, or fax from a licensed attorney will be returned to the attorney, unfiled, with instructions on how to register as a user of the e-Filing Portal and how submit documents electronically.
Page 2 | B. Users/Registration
Anyone filing in a case type designated for mandatory e-filing must be registered as a Portal user.
All persons filing documents in the case types designated as mandatory e-File cases shall be registered as users in the e-Filing Portal.
Page 2 | B. Users/Registration
Leave to file outside the Portal may be granted only through a motion to the assigned judge explaining why the attorney or party cannot comply with e-filing procedures.
Leave to file other than through the e-Filing Portal may be granted only by the filing of a motion with the Judge assigned to the case, specifically stating the reasons the attorney/party cannot comply with e-Filing Procedures.
Page 2 | B. Users/Registration
Fax filings are not accepted in cases where e-filing has been implemented.
Fax filings will not be accepted for cases for which e-Filing has been implemented.
Page 2 | A. Implementation
Documents requiring an original signature, including affidavits and other notarized documents, must be e-filed as PDFs.
Documents requiring an original signature, such as an affidavit or other notarized documents shall be e-Filed as a .pdf.
Page 4 | E. Format of Documents Electronically Filed—Signatures
Documents containing a nonparty third party’s signature must be submitted electronically in the specified scanned-PDF form.
A document containing the signature of a third party, who is not a party to the action (i.e., affidavit signed by a doctor, military affidavit signed by a staff member or company representative, etc.), shall be electronically submitted only as a hand-signed (not a conformed signature) scanned-in PDF document.
Page 4 | E. Format of Documents Electronically Filed—Third Party Signatures
During an E-Filing Portal technical failure, filers may use paper filing or the Clerk's Email filing process to meet jurisdictional and non-jurisdictional deadlines.
When the E-Filing Portal is subject to a technical failure, filers may file documents in paper format or via the Clerk's Email filing process to comply with jurisdictional and non-jurisdictional deadlines.
Page 6 | G. Missed Deadline as a Result of E-Filers Technical Failure
The submitting party is responsible for ensuring documents are properly received, docketed, and served.
Ultimately, it shall be the submitting party's responsibility to ensure all documents are properly received, docketed, and served.
Page 6 | 8. Effect of Technical Error
Subpoenas to be issued by the Clerk must be filed on paper with the Clerk.
- 5. Subpoenas which are to be issued by the Clerk shall be filed in paper form with the Clerk.
Page 7
Bonds in criminal cases must be filed on paper with the Clerk.
- 4. Bonds filed in criminal cases shall be filed in paper form with the Clerk.
Page 7
Documents requiring a filing deposit or fee to achieve valid filing status must be filed like other e-filed documents.
Any document requiring payment of a filing deposit or fee to the Clerk in order to achieve valid filing status shall be filed in the same manner as any other e-Filed document.
Page 7 | I. Collection and Filing Deposit and Fees
Counsel and self-represented litigants must check the Clerk's website to determine whether e-filing is required for their case type.
The Clerk will maintain on the Clerk's website a list of all case types that are required to be e-Filed. Counsel and self-represented litigants (pro se parties) shall determine whether e-Filing is required.
Page 10 | Electronic Transmission Filing (E-Filing) — Implementation
Submitting multiple documents in one uploaded file may result in a deficiency notice.
By way of examples, notification of deficiencies may be given for reasons including, but not limited to, the use of incorrect electronic file format; failure to pay correct filing fees, including those for a requested jury demand; submitting multiple documents in one uploaded file; incomplete or inaccurate party information; submission of orders or entries and incorrect case number.
Page 14 | 3. Notice of Deficiencies in Submissions
The notification component of e-Filing must be turned on or you may not be aware that your filing was rejected.
The notification component of e-Filing must be turned on or you may not be aware that your filing was rejected.
Page 14 | 3. Notice of Deficiencies in Submissions
Criminal case documents filed at or before arraignment are exceptions to e-filing.
Criminal case documents filed at arraignment and prior to arraignment.
Page 16 | Exceptions to E-Filing
Filing Timing and Cure Windows
Papers required to be served after the complaint must be filed within three days after service, except that specified discovery materials are not filed unless ordered or used as evidence or in connection with a motion.
B. 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 8 | Discovery
Unless the judge or magistrate directs otherwise, counsel for the prevailing party must prepare the entry within 14 days, and opposing counsel must approve or reject it within 3 days of receipt.
Unless the Judge or Magistrate otherwise directs, counsel for the party in whose favor an order, decree, judgment or decision is rendered, shall within fourteen (14) days thereafter prepare the proper entry and/or decision and submit it to opposing counsel who shall approve or reject it within three (3) days after its receipt and who may file objections with the Court.
Page 9 | Entries and Decisions
Documents submitted outside the e-Filing Portal are not considered filed until submitted through the portal.
No such documents shall be considered filed until they are submitted through the e-Filing Portal.
Page 11 | Electronic Transmission Filing (E-Filing)
A document with procedural, portal, or clerical deficiencies is not considered filed until those deficiencies are corrected.
"Rejected Document" refers to a document containing deficiencies such as errors or omissions of a party failing to comply with the procedural aspects of these Local Rules, technical requirements of the e-Filing Portal, or clerical errors while submitting a document for filing. Such document will not be considered filed until deficiencies have been corrected.
Page 13 | F. Availability of e-Filing-Acceptance of Documents
A document is considered filed on its submission date and receives an electronic stamp showing its submission date and time.
Documents shall be considered filed upon date of submission and shall receive an electronic stamp that includes the date and time the filer submitted the document to the Court's e-File system.
Page 14 | F. Availability of e-Filing-Acceptance of Documents
A rejected document is considered filed when resubmitted if its deficiencies are corrected in a timely manner.
A rejected document will be considered filed upon resubmission, provided any deficiencies are corrected in a timely manner.
Page 14 | 3. Notice of Deficiencies in Submissions
Once the Clerk accepts a document, it is deemed filed for purposes of Ohio law and the relevant rules of court procedure.
Once accepted by the Clerk the document will be deemed filed for purposes of Ohio Law and relevant Rules of Court Procedure.
Page 14 | F. Availability of e-Filing-Acceptance of Documents
A rejected document must be corrected and resubmitted within 48 business hours; otherwise, it will be rejected, and the filer bears responsibility for timeliness.
If the document is rejected, the document shall not become part of the Court record and the submitter shall be required to re-submit the document to meet the requirements within 48 business hours. If not submitted within 48 hours, the document will be rejected. The burden for timeliness falls on the filing party.
Page 14 | 3. Notice of Deficiencies in Submissions
Technical failures cannot extend jurisdictional deadlines, including statutes of limitation and appeal deadlines.
Technical failures, whether the fault of the E-Filing Portal or otherwise, cannot extend jurisdictional deadlines (such as statutes of limitation or deadlines for appeal).
Page 16 | Jurisdictional Deadlines
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 E-File system.
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 E-File system.
Page 16 | Exceptions to E-Filing
The Court must assign a case for a scheduling conference within 60 days after the complaint is filed; the conference may be held in person or by telephone.
Within 60 days of the filing of a complaint, the Court shall assign the case for a scheduling conference (first pretrial) which may be conducted in person or by telephone.
Page 18 | CIVIL CASE MANAGEMENT PLAN
The case-management schedule sets milestones from the month the case is filed: the torts and product-liability schedule has a 24-month maximum, while the general, civil, workers' compensation, and foreclosure schedule has a 12-month maximum; complex, administrative-appeal, and criminal litigation are excluded.
## C. CASE MANAGEMENT GUIDELINES ## TYPE OF CASE:* TORTS & PRODUCT LIABILITY (24 Months Maximum) GENERAL, CIVIL, WORKERS COMP & FORECLOSURE (12 Months Maximum) ## EVENT: | CASE FILED | 0 MO.** | 0 MO. | | --- | --- | --- | | SCHEDULING CONFERENCE | 2 MO. | 2 MO. | | MOTIONS TO JOIN NEW PARTIES: | 4 MO. | 3 MO. | | PLAINTIFF DISCLOSES EXPERTS | 7 MO. | 3 MO. | | DEFENDANT DISCLOSES EXPERTS | 10 MO. | 5 MO. | | DISCOVERY CUTOFF | 12 MO. | 7 MO. | | DISPOSITIVE MOTION CUTOFF | 13 MO. | 8 MO. | | FORMAL PRETRIAL CONFERENCE | 2 WEEKS BEFORE TRIAL | 2 WEEKS BEFORE TRIAL | | TRIAL: | 15 MO. | 10-12 MO. | *DOES NOT INCLUDE COMPLEX, ADMINISTRATIVE APPEAL OR CRIMINAL LITIGATION. **ALL TIMES MEASURED IN MONTHS FROM MONTH IN WHICH CASE IS FILED.
Page 19 | C. CASE MANAGEMENT GUIDELINES
A Preliminary Certificate may be prepared by an attorney or title company and must be completed no more than 30 days before the complaint is filed.
Said certificate may be prepared by an attorney or title company, and shall be completed not more than thirty (30) days prior to the filing of the complaint.
Page 24 | CERTIFICATES OF TITLE FOR JUDICIAL SALES
The Preliminary Certificate of Title must be filed and completed no more than 30 days before the Complaint is filed.
4.0) A Preliminary Certificate of Title as required by Local Rule 20 was filed and completed not more than thirty (30) days prior of the filing of the Complaint.
Page 29 | ATTORNEY'S CERTIFICATION OF READINESS
The listed requirements must be met by the default hearing or the due date for a response to the summary-judgment motion; otherwise, the case will be dismissed without prejudice at the client's cost.
I understand that if the above requirements are not met as of the date of the default hearing or date a response to the motion for summary judgment is due, my case will be dismissed without prejudice at my client's cost.
Page 32 | Certificate
Counsel for the party requesting the sale must file the certificate of service with the Clerk of Courts at least seven days before the scheduled sale.
Not less than seven (7) 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 certifying compliance with local Rule 21 (A)
Page 33 | RULE 21, B. Required Filing
A Confirmation Entry that the purchaser has not approved must not be filed until the thirty-day examination period has expired.
but no Confirmation Entry not approved by the purchaser shall be filed until said period has expired.
Page 34 | RULE 21, D. Waiver
In the covered administrative-agency appeals, the appellant must file assignments of error and a brief within twenty days after the proceeding record is filed with the Clerk.
- 1. Within twenty (20) days after the filing of the record of proceeding with the Clerk of the Common Pleas Court, the appellant shall file his assignments of error and brief.
Page 36 | RULE 24 — APPEALS FROM ADMINISTRATIVE AGENCIES
A. Where there are counsel of record other than the plaintiff, the confirmation of sale of real estate shall be endorsed by all such counsel who have appeared of record, in the event it is not so endorsed, counsel for Plaintiff shall file a Motion and Entry for Confirmation of Sale which shall be held for fourteen days before being submitted to the Court for ruling.
A. Where there are counsel of record other than the plaintiff, the confirmation of sale of real estate shall be endorsed by all such counsel who have appeared of record, in the event it is not so endorsed, counsel for Plaintiff shall file a Motion and Entry for Confirmation of Sale which shall be held for fourteen days before being submitted to the Court for ruling.
Page 36 | RULE 22 — CONFIRMATION OF PUBLIC SALES
The appellant may file a reply brief within 10 days after the appellee's brief is filed.
Within ten (10) days after filing of the appellee's brief, the appellant may file a reply brief.
Page 37 | Appeals from Administrative Agencies
3) Termination Entry. Upon being advised that the parties have reached a resolution in mediation, the mediator's administrative assistant shall cause a Rule 41(a) Dismissal Entry to be filed with the Clerk dismissing the action without prejudice.
3) Termination Entry. Upon being advised that the parties have reached a resolution in mediation, the mediator's administrative assistant shall cause a Rule 41(a) Dismissal Entry to be filed with the Clerk dismissing the action without prejudice.
Page 40 | E. Duties of Parties, Representatives, and Attorneys
Counsel must file the dismissal entry after the full releases have been signed and complied with.
Once, the full releases have been signed and complied with, counsel for the parties shall file a Dismissal Entry terminating the cause of action with prejudice.
Page 40 | E. Duties of Parties, Representatives, and Attorneys
Motions and other written requests must be filed within 14 days after arraignment or plea unless the Court allows otherwise.
Motions and other written requests in criminal cases shall be filed within fourteen (14) days after arraignment or plea unless otherwise allowed by the Court.
Page 42 | CRIMINAL CASES
The Court shall dismiss on its own motion a filing that does not conform to applicable requirements or pass compliance review within 45 days of the initial filing.
Further, if the filing fails to conform to the requirements of Local Rules, State Law or the Ohio Rules of Civil Procedure or fails to pass compliance standards within forty-five (45) days from the initial filing, the Court shall dismiss the filing on its own motion.
Page 8 | 1.03 Compliance Review
Ex parte orders may be issued only at the time of or before service of the initial filings.
Ex parte orders shall only be issued at the time of, or prior to service of, the initial filings.
Page 13 | 2.03 C. When the parties separate after the filing of ex parte orders
A motion to dissolve an ex parte temporary restraining order under this rule must be heard within 14 days after it is filed.
Any motion to dissolve an ex parte temporary restraining order granted pursuant to this Local Rule shall be heard within fourteen (14) days of the date the motion to dissolve is filed.
Page 16 | 2.08 Exclusive Use of the Marital Residence — B. Orders Not to Return to Residence
The first pretrial hearing must be scheduled when the Complaint is filed, for a date at least 60 days after the Complaint is filed.
The first pretrial hearing shall be set at the time the Complaint is filed. The date shall be at least 60 days after the filing of the Complaint.
Page 18 | 3.03 SCHEDULING OF CONTESTED DIVORCES AND LEGAL SEPARATIONS. A. Pretrial Conferences.
In non-contested divorces and legal separations, the Defendant’s Answer is due within 42 days of service; if no timely Answer is filed, the noticed first pretrial date becomes the final hearing date.
In all non-contested divorces and actions for legal separation, if a timely Answer is not filed by the Defendant (within 42 days from service), the first pretrial date set out in notice served with the Complaint shall become the final hearing date.
Page 18 | B. Non-Contested Divorces and Actions for Legal Separation.
When the Court orders a pretrial statement, each party must file it on or before the designated date.
If so ordered by the Court, each party shall file a pretrial statement on or before the designated date.
Page 19
A responsive motion must be filed at least seven days before the scheduled hearing.
Any responsive motion shall be filed at least seven (7) days prior to the scheduled hearing.
Page 20 | 3.04 MOTION PRACTICE; A. Scheduling of Hearing
Service and Proof of Service Rules
Counsel must submit the prepared entry or decision to opposing counsel for review.
Unless the Judge or Magistrate otherwise directs, counsel for the party in whose favor an order, decree, judgment or decision is rendered, shall within fourteen (14) days thereafter prepare the proper entry and/or decision and submit it to opposing counsel who shall approve or reject it within three (3) days after its receipt and who may file objections with the Court.
Page 9 | Entries and Decisions
the Clerk shall issue a summons and serve the complaint or third-
the Clerk shall issue a summons and serve the complaint or third-
Page 14 | 4. Filing of Initial Pleadings
Electronic filing does not eliminate the requirement to serve opposing counsel or parties as required by the Civil Rules.
The availability and utilization of electronic filing shall not serve to eliminate any requirements to serve opposing counsel or parties with filing pursuant to the Rules of Civil Procedure.
Page 15 | Certificate of Service
Proof of service must be made for all documents required or permitted to be served in compliance with the cited civil and criminal rules.
Proof of service of all documents required or permitted to be served shall be made in compliance with Civ. R. 5 and Crim. R.49(C).
Page 15 | Certificate of Service by attorneys or pro se parties
The submitting party is responsible for ensuring each document is properly received, docketed, and served.
Ultimately, it shall be the submitting party's responsibility to ensure all documents are properly received, docketed, and served.
Page 15 | Effect of Technical Error
After an order or entry is signed and filed, the Court or Clerk must serve copies.
After the order or entry has been signed and filed, the Court or Clerk shall serve copies of all entries and orders.
Page 15 | Entries and Orders
The filer, not the Clerk, must serve documents filed after the original complaint on all parties or their attorneys.
In accordance with Civ. R. 5(B) and Crim. R. 49, the filer not the Clerk, shall be responsible for serving all documents filed subsequent to the original complaint on all parties or their attorneys.
Page 15 | Documents Filed Subsequent to Complaint or Indictment
Certificates of service must comply with Ohio Civil Rules 4 and 5.
Certificate of service shall be made in accordance with Ohio Civil Rule 4 and 5.
Page 17 | CERTIFICATE OF SERVICE
The Assignment Commissioner must mail notice of trial assignment to each counsel and to unrepresented parties at least three weeks before trial.
Notice of trial assignment shall be by mail to each counsel and to all parties not represented by counsel at least three weeks prior to the trial date by the Assignment Commissioner.
Page 20 | RULE 15 — ASSIGNMENT FOR TRIAL
Default-hearing notice must be sent by regular mail to parties in default at least seven days before the hearing, unless an unknown or unascertainable address is attested to in counsel’s filed affidavit.
In any case in which the defendant is in default for answer or other pleading, the matter may be set as a default hearing with notice to be given by regular mail, to all parties in default, at least seven (7) days prior to the date of said hearing. If the address of any party is unknown or cannot be ascertained with reasonable diligence, notice will be dispensed with upon filing of an affidavit of counsel attesting to such fact.
Page 21 | RULE 16 — DEFAULT HEARING
A party or counsel seeking a transcript must serve a copy of the request on the responsible court reporter.
- b. Served a copy of the request upon the court reporter who is responsible for the preparation of the transcript; and
Page 22 | RULE 18 — OBTAINING TRANSCRIPTS — Procedure
If a Preliminary or Supplemental Certificate of Title shows that necessary parties were not made defendants, the filing attorney must promptly cause them to be added and served.
Where either a Preliminary or a Supplemental Certificate of Title indicates that necessary parties have not been made defendants, the attorney for the party filing the same shall proceed without delay to cause such new parties to be added and served.
Page 25 | Local Rule 20
Serve all filings subsequent to the Complaint at a proper address for each party or appearing counsel, except for parties served by publication.
B. Except parties served by publication, I have served all filings subsequent to the service of the Complaint at a proper address for all parties or, if counsel has entered an appearance for a party, a proper address for that party's counsel.
Page 30 | ATTORNEY'S CERTIFICATION OF READINESS
Service must be perfected on all named defendants.
A. Service has been perfected on all named defendants.
Page 30 | ATTORNEY'S CERTIFICATION OF READINESS
If the United States is named as a defendant because of IRS liens, service must be requested on both the U.S. Attorney General and the U.S. Attorney for the Southern District of Ohio.
12.0) If the United States of America is named a defendant because of IRS liens, service has been requested upon both the Att. Gen. of the U. S. and upon the U. S. Attorney for the S. Dist. of Ohio in accordance with 28 U.S.C. 2410.
Page 31 | Certificate
The party requesting a judicial sale must promptly mail notice of its time, date, and location to record owners and other interested parties entitled to notice, subject to the stated publication exceptions.
A. Notice of Sale: In every action 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, by ordinary U.S. mail, notice of the time, date, and location of the Sheriff's sale to the record owners of the subject real estate and to all other interested parties not in default for failure to appear, or their counsel of record, at their respective last known addresses. The record owners of the real estate shall be noticed by ordinary U.S. 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. No other parties to the proceeding in default of answer need be served with notice of sale except by publication as provided by O.R.C. Sections 2329.26 and 2329.27. Failure to provide timely notice to interested parties shall constitute grounds for denying confirmation of the sale.
Page 33 | RULE 21, A. Notice of Sale
Notice of a continuance motion must be served on opposing counsel, or on the defendant if the defendant is unrepresented and the prosecutor filed the motion; opposing counsel may promptly file an affidavit in opposition.
Notice of the filing of such motion shall be served upon opposing counsel who may forthwith file an affidavit in opposition. If the defendant has no counsel and a motion for continuance is filed by the prosecuting attorney, such notice shall be served on the defendant.
Page 42 | CRIMINAL CASES
After the last publication, the publisher must file an affidavit of publication and a copy of the notice; the affidavit and exhibits constitute proof of service.
Upon completion of the last publication of service, the publisher shall file with the Court an affidavit showing the fact of publication, together with a copy of the notice of publication. The affidavit and its exhibits shall constitute proof of service.
Page 11 | 1.11 SERVICE OF PROCESS BY PUBLICATION.
The party responsible for service by publication must ensure publication is completed, including selecting and administering the means of publication.
In all cases when service of process is to be accomplished by publication, it shall be the responsibility of the party to insure that the publication is accomplished, including the selection of the means of publication and administration of the publication.
Page 11 | 1.11 SERVICE OF PROCESS BY PUBLICATION.
All other parties must receive notice of subpoena issuance in accordance with Civil Rule 45(A)(3).
Notice of issuance of subpoenas shall be given to all other parties in accordance with Civ. R. 45(A)(3).
Page 12 | 1.14 NOTICE OF SUBPOENA ISSUANCE.
Service may be perfected by posting and mailing; after the required affidavits are filed, the Clerk must post notice at the specified locations for six consecutive weeks, the required complaint and summons mailings must be completed, and service is complete when the Clerk records where and when the notice was posted.
In compliance with Civil Rule 4.4(A)(2), service of process may be perfected by a combination of posting and mailing. Upon the filing of the affidavits required by Civil Rule 4.4(A), the Clerk of Courts shall make service by posting the proper notice as follows: The front door of the Clinton County Courthouse; the Child Support Enforcement Agency located on S. South Street (Wilmington); and the Clinton County Administration Building located on Sugartree Street (Wilmington). The notices shall be posted for six consecutive weeks. Mailings of the complaint and summons required in Civil Rule 4.4(A)(2) must also be completed. Service is complete when the Clerk notes on the docket where and when notice was posted.
Page 12 | 1.12 SERVICE OF PROCESS BY POSTING AND MAIL.
If an ex parte order denies or restricts parenting time, the restrained parent must be served with notice of the restriction and the emergency hearing.
If parenting time is denied or restricted by an ex parte order, notice of the restriction and notice of an emergency hearing shall be served upon the restrained parent.
Page 14 | 2.04 EX PARTE TEMPORARY PARENTING TIME ORDERS
A motion to require a spouse to leave the established home requires a hearing after notice to the opposing party, unless urgent need to protect the movant or the movant’s minor children is demonstrated to the judge or magistrate.
Motions for an order requiring a spouse to move from the established home of the parties shall not be granted without a hearing after notice to the opposing party, unless there is demonstrated to the Judge/Magistrate that there is urgent need for an immediate order to protect the physical well being of the movant or minor children of the movant.
Page 15 | 2.08 Exclusive Use of the Marital Residence — A. Orders to Vacate
The standard Mutual Restraining Order must be served on the Plaintiff when the Complaint is filed.
These restraints shall be imposed by the Court's standard Mutual Restraining Order (attached to Appendix 6) which shall be served upon the Plaintiff upon filing the Complaint and shall be served upon Defendant along with summons.
Page 17
All motions must be served in accordance with the Ohio Rules of Civil Procedure.
All motions shall contain a notice of the date and time of hearing and shall be served in accordance with the Ohio Rules of Civil Procedure.
Page 17 | 2.10 RELIEF FROM EX PARTE ORDERS.
The notice of the first pretrial hearing must be served with the summons.
Said hearing shall be inserted in the proper notice and served with the summons.
Page 18 | 3.03 SCHEDULING OF CONTESTED DIVORCES AND LEGAL SEPARATIONS. A. Pretrial Conferences.
The parties and counsel must exchange all discovery required by Appendix 8 before the discovery cutoff date set at pretrial.
A discovery cutoff date shall be set at pretrial. Parties (if unrepresented) and counsel shall exchange all discovery as required in Appendix 8 attached to these rules prior to said cutoff date.
Page 18 | 3.03 SCHEDULING OF CONTESTED DIVORCES AND LEGAL SEPARATIONS. B. Discovery at Pretrial Conferences.
If an emergency-hearing request is approved, the hearing must be set for the first available date at least seven days after service.
If approved, the Assignment Commissioner will set the motion for the first available hearing date, at least seven (7) days after service.
Page 20 | D. Emergency Hearings
All motions must be served in accordance with the Civil Rules.
All motions must be served in accordance with the Civil Rules.
Page 20 | D. Emergency Hearings
Filing Fees and Waivers
The required deposit for a foreign judgment is $75.
| FOREIGN JUDGMENT ..... | $ 75.00 |
Page 5 | SECURITY FOR COSTS
The required deposit for a divorce or dissolution with children is $400.
| DIVORCE/DISSOLUTION OF MARRIAGE WITH CHILDREN ..... | $400.00 |
Page 5 | SECURITY FOR COSTS
The required deposit for a foreclosure complaint is $570.
| COMPLAINT IN FORECLOSURE..... | $570.00 |
Page 5 | SECURITY FOR COSTS
The required deposit for garnishments is $50.
| GARNISHMENTS ..... | $ 50.00 |
Page 5 | SECURITY FOR COSTS
The required deposit for a civil case is $250.
| CIVIL CASE ..... | $250.00 |
Page 5 | SECURITY FOR COSTS
The required deposit for a divorce or dissolution without children is $300.
| DIVORCE/DISSOLUTION OF MARRIAGE W/O CHILDREN ..... | $300.00 |
Page 5 | SECURITY FOR COSTS
The foreclosure complaint deposit includes a $350 filing fee and a $220 Real Auction fee.
| (This includes $350.00 filing fee and $220.00 Real Auction fee) | |
Page 5 | SECURITY FOR COSTS
A party must deposit the scheduled amount to secure costs before a civil action or proceeding is accepted for filing, except as otherwise provided by law.
No civil action or proceeding shall be accepted by the Clerk for filing unless the party or parties offering the same for filing shall have first deposited a sum to secure the payment of the costs that may accrue in each action or proceeding, except as otherwise provided by law. Such advance deposit shall be in accordance with the following schedule:
Page 5 | SECURITY FOR COSTS
The required deposit for an execution is $50.
| EXECUTION ..... | $ 50.00 |
Page 5 | SECURITY FOR COSTS
The required deposit for a writ of possession is $100.
| WRIT OF POSSESSION ..... | $100.00 |
Page 5 | SECURITY FOR COSTS
The charge for a home investigation is $150.
| HOME INVESTIGATION ..... | $150.00 |
Page 6 | SECURITY FOR COSTS
The charge for releasing a certificate of judgment is $5.
| RELEASE OF A CERTIFICATE OF JUDGMENT ..... | $ 5.00 |
Page 6 | SECURITY FOR COSTS
| When a precipe for subpoena is filed for OUT OF COUNTY RESIDENT, it shall be accompanied by a check made payable to the witness for one day witness fee ($12.00) plus round trip mileage at $.10 per mile, and a $15.00 deposit (to cover issuing subpoena and Sheriff's fee). | |
| When a precipe for subpoena is filed for OUT OF COUNTY RESIDENT, it shall be accompanied by a check made payable to the witness for one day witness fee ($12.00) plus round trip mileage at $.10 per mile, and a $15.00 deposit (to cover issuing subpoena and Sheriff's fee). | |
Page 6 | SECURITY FOR COSTS
A $50 deposit applies when service for the motion requiring service is made by the sheriff.
| IF SERVICE MADE BY SHERIFF ..... | $ 50.00 |
Page 6 | SECURITY FOR COSTS
The charge for issuing a certificate of judgment is $5.
| ISSUING A CERTIFICATE OF JUDGMENT ..... | $ 5.00 |
Page 6 | SECURITY FOR COSTS
A case requiring service by publication requires an additional $500 deposit beyond the original case deposit.
| ANY CASE THAT SERVICE BY PUBLICATION IS REQUIRED ..... | $500.00 | | (This is in addition to the original case deposit) | |
Page 6 | SECURITY FOR COSTS
The required deposit for a motion to reopen a domestic case without children is $100.
| MOTION REOPENING DOMESTIC CASE W/O CHILDREN..... | $ 100.00 |
Page 6 | SECURITY FOR COSTS
The required deposit for a motion to reopen a domestic case with children is $175.
| With children ..... | $175.00 |
Page 6 | SECURITY FOR COSTS
| IF SERVICE BY SHERIFF ..... | $ 50.00 |
| IF SERVICE BY SHERIFF ..... | $ 50.00 |
Page 6 | SECURITY FOR COSTS
The charge for filing a certificate of judgment is $30.
| FILING A CERTIFICATE OF JUDGMENT ..... | $ 30.00 |
Page 6 | SECURITY FOR COSTS
The charge for expungement is $50.
| EXPUNGEMENT ..... | $50.00 |
Page 6 | SECURITY FOR COSTS
The required deposit for a judgment debtor examination is $100.
| JUDGMENT DEBTOR EXAM ..... | $100.00 |
Page 6 | SECURITY FOR COSTS
The charge for filing a notice of appeal is $225.
| FILING A NOTICE OF APPEAL ..... | $225.00 |
Page 6 | SECURITY FOR COSTS
A $20 deposit is required for a motion requiring service when no previous deposit has been made.
| MOTION REQUIRING SERVICE ..... | $ 20.00 | | (When No Previous Deposit has been made) | |
Page 6 | SECURITY FOR COSTS
| Subpoena issued for Cuyahoga County, a Deposit of $20.00 is required. | |
| Subpoena issued for Cuyahoga County, a Deposit of $20.00 is required. | |
Page 6 | SECURITY FOR COSTS
A subpoena precipe for a Clinton County resident requires a $20 deposit per witness.
| SUBPOENA ..... When a precipe for subpoena is filed for a CLINTON COUNTY resident, the deposit is $20.00 per witness. | |
Page 6 | SECURITY FOR COSTS
The required deposit for an answer and cross-complaint requiring service is $20.
| ANSWER AND CROSS-COMPLAINT REQUIRING SERVICE ..... | $ 20.00 |
Page 6 | SECURITY FOR COSTS
If costs remain unpaid 30 days after final judgment, the Clerk must apply the deposit to them, and later payment by the party assessed the costs requires a refund to the depositor of the amount applied.
C. Regardless of who is charged with the costs, thirty (30) days after the Entry of final judgment, if the costs have not been paid, the Clerk is directed to apply the deposit to the unpaid costs. If the costs are later paid by the party against whom they are assessed, the amount previously applied from the deposit will then be refunded to the party who made the deposit.
Page 7 | Security for Costs
If costs in an active case exceed the deposit, the Clerk must require an additional deposit equal to the original deposit.
A. When the Clerk has determined that costs in an active case have exceeded the deposit, the Clerk shall require an additional deposit in the same amount that was originally deposited at the time of filing.
Page 7 | Security for Costs
Sealing & Redaction Procedures
I request that the court not disclose my current address or that of the child(ren). My address is confidential pursuant to R.C. 3127.23(D) and should be placed under seal to protect the health, safety, or liberty of myself and/or the child(ren).
I request that the court not disclose my current address or that of the child(ren). My address is confidential pursuant to R.C. 3127.23(D) and should be placed under seal to protect the health, safety, or liberty of myself and/or the child(ren).
Page 78 | FORM 2.0 PARENTING PROCEEDING AFFIDAVIT
Filing Bundling Requirements
Proposed orders and entries must be submitted separately from all other filings.
All proposed orders/entries shall be submitted separately from any other filings.
Page 12 | E. Format of Documents Electronically Filed — 2. Proposed Orders/Entries
Proposed orders and entries must be submitted separately from all other filings.
All proposed orders/entries shall be submitted separately from any other filings.
Page 3 | E. Format of Documents Electronically Filed—Proposed Orders/Entries
Pre-Motion Conference Requirements
Opposition memoranda may be filed by the 14th day after a motion is filed, reply briefs may be filed by the 21st day, and the motion is deemed submitted on the 21st calendar day.
The opposing counsel or party may file a memorandum in opposition to the motion by the fourteenth (14th) day after the day on which the motion was filed. The moving party may file a reply brief by the twenty-first (21st) day following the day on which such motion was filed. On the twenty-first calendar day after the motion was filed, the motion shall be deemed submitted to the trial judge.
Page 8 | Motions
Summary judgment motions are governed by Ohio Civil Rule 56, and oral hearings are not allowed unless the trial judge grants leave.
Motions for Summary Judgment shall be dealt with in accordance with Ohio Civil Rule 56. Again, oral hearings on such motions will not be allowed except upon leave of the trial judge.
Page 8 | Motions
An oral hearing on a motion is allowed only if the trial judge grants leave after receiving a party's written request.
Oral hearings on motions will not be allowed except upon leave of the trial judge after receipt of a written request by a party.
Page 8 | Motions
Adjournment & Extension Requirements
A party may obtain one extension of up to 30 days to answer, plead, or otherwise move by filing a written stipulation approved by all counsel that affirmatively states no prior extension was granted; without that stipulation or for an additional extension, Court approval is required.
Civil Rule 12 prescribing Rule Day for pleadings will be strictly enforced. However, parties may obtain an extension of time not to exceed thirty (30) days in which to answer, plead or otherwise move, when no such prior extension has been granted, by filing with the Clerk a written stipulation approved by all counsel providing for such extension. The stipulation shall affirmatively state that no prior extension has been granted. If no such stipulation is obtained, or if an additional extension beyond the initial stipulated period is requested, the party desiring an extension must obtain the approval of the Court.
Page 18 | RULE DAYS
Continuance requests must be made by written motion; notice must be served on opposing counsel, or on an unrepresented defendant when the prosecutor requests the continuance, and the judge directs whether the motion is submitted on affidavits or at an oral hearing.
All requests for continuance shall be made by written motion. Notice of the filing of such motion shall be served upon opposing counsel who may forthwith file an affidavit in opposition. If the defendant has no counsel and a motion for continuance is filed by the prosecuting attorney, such notice shall be served on the defendant. The motion shall be submitted upon the affidavit or upon oral hearing as the Judge may direct.
Page 42 | CRIMINAL CASES
A continuance motion must state the reason for the request and whether opposing counsel or the party agrees; a conflicting trial-assignment notice is attached when appropriate.
Requests for continuances must be made by written motion AND accompanied by a proposed order. The motion must contain: - 1. The filing date of the original motion; - 2. The subject matter of the motion; - 3. The scheduled hearing date; - 4. Reason for the continuance; - 5. Copy of conflicting trial assignment notice attached, if appropriate; and - 6. Statement as to whether or not opposing counsel/party agrees to the continuance.
Page 24 | 3.09 B. Contents of Motion
A case with a scheduled hearing may be continued only with written authorization from the assigned Judge or Magistrate, and continuance requests are granted only in compliance with Ohio Superintendence Rule 41.
No case in which a date has been set for a hearing shall be continued without the written authorization of the assigned Judge or Magistrate. Requests for continuances shall be granted only in compliance with Rule 41 of the Rules of Superintendence for the Courts of Ohio.
Page 24 | 3.09 A. Policy
A hearing continuance is discretionary and will not be granted without good cause because hearings must be conducted expeditiously.
Continuances of the hearing will be at the discretion of the Court and will not be granted absent good cause due to the need to conduct these hearings in an expedited manner.
Page 31
A hearing continuance will not be granted without the Court’s written permission.
No continuances of the hearing will be granted without written permission of the Court.
Page 68 | CHANGE OF RESIDENCE OF EITHER PARENT
A trial counsel's failure to appear at a pretrial conference may result in the conference being continued and sanctions, including opposing litigants' costs and attorney fees resulting from the continuance.
The failure of trial counsel to appear at a pretrial conference may result in the continuance of such pretrial and appropriate sanction, such as costs and attorney fees of opposing litigants resulting from such continuance.
Page 20 | RULE 14 — PRETRIAL CONFERENCE
The Court may extend the filing time for a brief and assignment of error upon motion and for good cause.
For good cause, the Court may, upon motion, extend the time for filing the brief and assignment of error.
Page 37 | Appeals from Administrative Agencies
A trial assignment will not be continued because a motion was filed.
An assignment for trial will not be continued because the filing of such motion.
Page 42 | CRIMINAL CASES
Noncompliance with the Local Rules is not a basis to extend a deadline imposed by a Local Rule, state law, or a rule of procedure.
Failure to comply with the Local Rules is not a basis for extension of any time requirements mandated by Local Rule, State Law, or Rules of Procedure.
Page 7 | 1.01 Compliance with the Ohio Rules of Civil Procedure, Statutory Requirements and Local Rules
If opposing counsel or the party does not agree to a continuance, the Judge or Magistrate hearing the case rules on the request in their discretion.
If opposing counsel/party does not agree to a continuance, the Judge or Magistrate hearing the case shall, in his/her discretion, rule upon the request for continuance.
Page 25 | D. Opposed Continuance.
The Court may grant a continuance of a Civil Protection Order hearing in its discretion if the respondent was not served, the parties consent, a party needs time to obtain counsel, or other good cause is shown.
Continuances of any hearing concerning Civil Protection Orders may be granted in the Court's discretion for the following reasons: - 1. Respondent has not been served prior to hearing. - 2. Parties consent to continuance. - 3. Continuance is needed to allow party to obtain counsel. - 4. Continuance is needed for other good cause shown.
Page 42 | 7.02 E. Continuances
If a hearing cannot be completed in its allotted time, the Court may, in its discretion, grant a continuance in progress.
If a hearing cannot be concluded in the amount of time allotted, the Court may grant a continuance in progress at its discretion.
Page 22 | F. Burden and Hearing.
Chambers Communication Rules
The filing party must obtain a hearing date from the Assignment Commissioner.
The filing party shall obtain a hearing date from the Assignment Commissioner.
Page 17 | 2.10 RELIEF FROM EX PARTE ORDERS.
Until final disposition, an attorney may not discuss a case’s merits with its Judge or Magistrate without opposing counsel or an unrepresented opposing party present.
No attorney shall discuss the merits, either orally or in writing, of any case with any Judge or Magistrate presiding over the matter until final disposition thereof without the presence of opposing counsel or the opposing party, if not represented.
Page 17 | 3.01 MAGISTRATES.
In a dissolution, the attorneys or, if unrepresented, the Petitioners must contact the Assignment Commissioner to schedule the final hearing.
In all dissolutions, the Attorney(s) or, if unrepresented, the Petitioners, shall contact the Assignment Commissioner to schedule the final hearing.
Page 17 | 3.02 SCHEDULING OF NON-CONTESTED CASES.
If fewer than 42 days have elapsed since service at the first pretrial, Plaintiff’s attorney or an unrepresented Plaintiff must contact the Assignment Commissioner or ask the Court at pretrial to schedule a final hearing.
If less than 42 days from service have lapsed at the first pretrial, Attorney for Plaintiff (or Plaintiff if unrepresented) shall contact the Assignment Commissioner or request the Court (at pretrial) to schedule a final hearing.
Page 18 | B. Non-Contested Divorces and Actions for Legal Separation.
Anyone filing pleadings after a case has been heard, including written arguments, briefs, or requests for findings and conclusions, must contact the DR Magistrate's Assistant and notify that person of the filing.
Any person who files pleadings after a case has been heard (including but not limited to: written arguments, briefs and requests for findings of fact and conclusions of law) shall contact the DR Magistrate's Assistant and notify him/her of the filing.
Page 24 | 3.08 Supplemental Pleadings
A client requesting a hearing on a withdrawal motion must contact the Assignment Commissioner.
In order to request a hearing, the client shall contact the Assignment Commissioner.
Page 25 | 3.11 WITHDRAWAL OF COUNSEL — A. Filing Requirements.
While the case is pending, each party must inform the Court of any parenting proceeding concerning the children in another court in Ohio or any other state.
Each party has a continuing duty while this case is pending to inform the Court of any parenting proceeding concerning the child(ren) in any other court in this or any other state.
Page 78 | FORM 2.0 PARENTING PROCEEDING AFFIDAVIT
The Clerk must notify the submitting party of deficiencies by email.
The Clerk shall notify a submitting party of any deficiencies. That notice is sent from the Clerk's office via email to the submitting party.
Page 14 | 3. Notice of Deficiencies in Submissions
After learning the assignment date, counsel must promptly notify the Assignment Commissioner of facts that could interfere with trial on that date.
After being notified of an assignment date counsel shall promptly notify the Assignment Commissioner of any facts which might interfere with the trial of the case on the assigned date.
Page 21 | Assignment for Trial
A person needing disability-related accommodations must notify the Court of the requirements at least 10 days before a scheduled court appearance.
Any person who requires special accommodations because of a handicap or disability shall notify the Court of his or her special requirements at least ten (10) days before a scheduled court appearance.
Page 42 | 8.01 Disabled Persons
An attorney or party needing an interpreter must request one from the Office of the Administrative Assistant for the DR Magistrate at least 10 days before the hearing.
When interpretive services are needed, the attorney or party requesting an interpreter shall make a request to the Office of the Administrative Assistant for the DR Magistrate at least ten (10) days before the scheduled hearing.
Page 42 | 8.02 Interpretive Services
Each parent must notify the Court of any change to the parent's mailing address.
It is the responsibility of each parent to notify the Court of any change of the parent's mailing address.
Page 69 | B. THE FOLLOWING PROVISION APPLIES FOR CASES HEARD IN THE CLINTON COUNTY COMMON PLEAS COURT JUVENILE DIVISION
A hearing date may be obtained from the Assignment Commissioner by telephone for insertion in the proposed Order.
The proposed Order shall include a blank for the new hearing date; or, in the alternative, a hearing date may be obtained by telephone from the Assignment Commissioner and inserted into the Order before submission to the Court (provided that the Order reflects that the date was, in fact, obtained from the Assignment Commissioner).
Page 25 | C. Contents of Order.