Crawford County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The scheduling order may be altered only by court order.
- A civil continuance request must be in writing, not made orally, and include the proposed hearing date, reason, and opposing counsel’s consent position.
- A criminal continuance request must be written and state the reason, opposing counsel’s consent position, and the new hearing date.
- +11 more
Request must include
Page & Word Limits1 rule
A fax filing is limited to 15 pages unless the appropriate case manager or Clerk approves a longer filing in advance.
- Fax filing
- Up to 15 pages
Court's wording
A transmitted filing shall not exceed more than fifteen (15) pages in length. Filings exceeding this amount shall not be filed by fax without prior approval from the appropriate court personnel (Civil/Criminal Case Manager or Domestic Relations Case Manager) or the Clerk of Courts Office.
Document Format Requirements5 rules
Trial exhibits must be marked before trial; copies must be provided to opposing counsel no later than five days before trial and to the Court on trial day, using numerical labels for plaintiffs and alphabetical labels for defendants.
- Trial exhibit
Formatting
- •Mark all trial exhibits before trial begins
- •Plaintiffs use numerical designations; defendants use alphabetical designations
Court's wording
All exhibits to be used during trial shall be marked before the commencement of the trial. Photocopies shall be made and given to opposite counsel preferably before the pre‑trial conference, however, in no event less than FIVE (5) days before trial. Photocopies also shall be provided to the Court on the day of trial. Plaintiffs shall use the numerical designation, while the Defendants shall use alphabetical designation.
All pleadings and other papers filed in an action shall be neatly and plainly typewritten with legal caption and double spaced so that they can be easily read, or the Court may strike them from the files at the cost of the party filing them.
- Line spacing
- Double
Formatting
- •Include a legal caption
- •The Court may strike noncompliant papers at the filing party’s cost
A faxed signed document must be transmitted either with the signature or with “/s/” and the signer’s name in the signature location.
Court's wording
A sending party who wishes to file a signed source document by fax shall either fax a copy of the signed source document or fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.
Effective immediately, that you leave a two and one-half (2½) inch margin at the top of the cover page of all documents, including Court of Appeals documents.
- Margins
- Top 2.5 inches
Amended pleadings must not replace or obliterate the original or use interlineation or delineation unless the Court grants special leave and the proposed words are set out fully in the journal.
- Amended pleading
Formatting
- •Do not withdraw or obliterate the original pleading
- •Do not amend by interlineation or delineation without special leave of Court
Court's wording
In no case where pleadings are amended, shall the original pleadings be withdrawn from the files or any part thereof obliterated; nor shall the amendment be made by interlineation or delineation, except by special leave of Court, and if such is granted, the words to be interlined and/or delineated shall be set forth in full on the journal.
Document Filing Requirements46 rules
1. All counsel eligible for payment under this schedule shall be appointed by Judge of the Municipal or of Common Pleas Court and said appointment shall be entered by a signed journal entry recorded on the Court Docket.
The attorney's certificate when submitted shall include a separate written statement noting that the Court had allowed extraordinary fees with the specific amount of the fee and the time involved indicated; and
A party seeking temporary-order relief on collateral matters must specifically request it in the proposal and provide sufficient reasons.
Court's wording
Collateral matters which the parties wish for the court to consider in the temporary orders (i.e. exclusive use of the marital home, other property, autos, bank accounts, etc.) must be specifically requested in that party’s proposal with sufficient reasons to enable the court to properly draft equitable temporary orders.
Each party wishing to state a position on requested temporary orders must file the court’s Proposal for Temporary Orders form.
Court's wording
In all cases in which temporary orders are being requested, the court form “Proposal for Temporary Orders” shall also be filed by each party wishing to state a position concerning temporary orders, which will then be considered in drafting the temporary orders, covering temporary custody, child support and/or spousal support.
Complaints must state known party addresses or say when an address is unknown; the first pleading or motion must give the party’s correct address, and all pleadings must identify filing counsel and number each page at the bottom.
- Document
- Pleading
- Placement
- Caption
Court's wording
The caption of the complaint shall state the post office address of all parties, if known; if the address is unknown, that fact shall be stated. The first pleading or motion filed by a party shall state the correct address of such party. A motion of pleading making new parties shall conform to the provisions of this rule. All pleadings shall bear the name, address, zip code, and phone number of counsel filing them, and each page shall be numbered at the bottom of the page.
All Petitions submitted through the DRC shall be accompanied by the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).
In ex‑parte orders in domestic relations matters, true affidavits based on personal knowledge or sworn testimony, which can always be arranged on short notice, shall be required.
Child-support entries must state the monthly amount and payment frequency, address health insurance and extraordinary medical expenses, and provide for payment through Ohio Child Support Payment Central with processing fees included by wage withholding.
Court's wording
Orders for child support shall be stated in terms of a monthly amount payable weekly, bi‑weekly, semi‑monthly, or whenever the payer is paid. The entry shall also require one or both of the parties to maintain health insurance for the children and the amount for extraordinary medical, dental, optical, etc., shall be included. The entry shall also provide for the child support, and/or spousal support to be paid through the Ohio Child Support Payment Central with the appropriate processing fees included by wage withholding.
Such written requests for oral hearings seeking modification of temporary orders which are made more than fourteen (14) days after the filing of the temporary orders must be based upon a change of circumstances relating to facts contained within the initial affidavits, which facts were not reasonably known to or anticipated by the parties at the time the affidavits were filed.
A trial brief shall be submitted at the final pretrial conference along with a jointly prepared pretrial statement. Any jury instructions requested by the parties shall also be submitted at this time.
Every domestic ex parte order must advise the opposing party of the right to request a hearing and include the specified language in bold.
Court's wording
All ex parte orders shall advise the opposing party of the right to request a hearing and shall contain the following language in bold print: “The Court has made this order solely upon the evidence provided by ______________________________. You may request a hearing on this matter. You have the right to counsel and should have counsel present with you at any hearing. This is a temporary order and the Court will review all the evidence of the parties at any requested hearing.”
A request for an oral hearing to modify temporary orders must identify each challenged portion, the reason for each objection, and the specific proposed modifications.
Court's wording
Written requests for oral hearings seeking modification of temporary orders shall specify with particularity each of the following items: The specific portions of the temporary order to which the party objects; and The specific reasons for the objection to each such portion of the temporary order; and The specific modifications to the temporary order which the objecting party suggests that the court adopt.
All parties shall have filed “Pretrial Statement” in accordance with these rules. Each counsel shall come prepared and authorized to negotiate toward settlement of the case. Where an insurance company is involved, a representative of the companyshall be present at the pretrial. The plaintiff shall also be present.
All contested cases will be pre-tried unless a pre-trial is waived by all parties. Pre-trials will be before the magistrate and all parties and counsel are to be present unless excused for cause.
A separately filed omitted exhibit must have a signed and served cover sheet stating the case caption, case number, and exhibit title.
- Document
- Exhibit cover sheet
Must include
- •Caption
- •Case number
Court's wording
A cover sheet shall accompany any exhibit filed in this manner. The cover sheet shall contain the case caption, case number and title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings.
Except in the listed domestic-relations matters, parties must return a mediation case summary form to the mediator at least five days before civil mediation, with claim elements, facts and remaining issues, a settlement proposal, and other pertinent issues.
Court's wording
50.05 Mediation Position Statement. In all cases except for those regarding divorce, allocation of parental rights and responsibilities, visitation, or companionship, at least five (5) days prior to civil mediations, the parties shall return to the mediator a mediation case summary form which shall include the following: The elements of each claim asserted by the party filing the form; A brief statement of facts supporting the claim(s), admitted or undisputed facts, and of remaining issues of fact to be tried; A brief settlement proposal; and Any other issues the parties deem pertinent to reaching an equitable and satisfactory resolution.
In jury cases, counsel for each party must submit an issue checklist to the Court 10 days before trial, including issues expected at trial and those counsel believes belong in the jury charge.
Court's wording
Counsel for each party in which a jury trial has been requested shall submit to the Court ten (10) days prior to the date of trial a check list of those issues which he believes, either as plaintiff or defendant, will be involved in the trial of the case, and further which he believes the Court should include in its charge to the jury.
An agreed resolution before a magistrate hearing must be written and submitted as a memo entry; the parties must submit and sign a formal entry within 15 days, or the motion may be dismissed after the stated notice periods.
Court's wording
In actions where the parties have resolved the matter by agreement prior to magistrate hearing, the parties shall reduce their agreement to writing and shall submit their written MEMO entry to the court. A formal entry shall be submitted and signed by the parties within fifteen (15) days after the memo entry for the judge and magistrate to sign. Failure to comply with this rule will result in a fourteen (14) day notice to dismiss. Upon no response within the additional fourteen (14) days, the court will dismiss the motion.
For domestic-relations hearings about treatment necessity or reasonableness, file a duly signed medical/treatment report with the motion if available, otherwise as soon as practicable or as ordered, and properly and timely serve it on opposing counsel for admission without objection.
Court's wording
In any type of domestic relations hearing concerning the reasonableness or the necessity of the treatment to be done, a medical/treatment necessity report (duly signed by the physician or other supplier of treatment-related services, i.e. dental, optometric, other medical specialty, etc.) shall be filed with the motion, if available at that time, or as soon thereafter as reasonably practicable, or as otherwise ordered by the Court. Once filed, such report shall be sufficient and be admitted into evidence at said hearing if properly and timely served on the opposing counsel without objection.
All parties must attend the oral hearing unless excused by the court for good cause.
The attorney or pro se litigant must provide with the filing of the document by fax a cover sheet containing the following information: (See appendix of this Local Court Rule for the preferred Facsimile Filing Cover Page.) The office to which the document is being sent (Crawford County Clerk of Courts Office). The fax number in which the transmission is being sent (419-562-8011). The name and Supreme Court Registration Number, if applicable, of the sender. The address, telephone number, fax number and email address, if any, of the sender. The case caption and case number as assigned by the Court. The title of the document(s). The date of the transmission. The number of pages, including the cover sheet, of the transmission. If applicable, a statement explaining how costs associated with the filing will be submitted.
In matters pertaining to child support or spousal support where the law requires information sheets, the parties shall sign any such information sheets or forms and provide them to the Child Support Enforcement Agency at the time the Journal Entries concerning child support are presented to the Court for signature.
Audio testimony tapes may be removed only with written permission; a person granted leave must sign a receipt, and removal beyond seven days requires express leave.
Court's wording
No audio tapes of testimony may be removed from the Court without written permission by the Court. The recognized court stenographer/transcriber or any other person who petitions the Court to remove audio tapes of testimony from the court premises and who is granted leave to do so shall sign a receipt for those tapes removed. In no case shall audio tapes of testimony be removed from the Court for more than 7 days without express leave of the Court.
A final pretrial conference shall be scheduled approximately thirty (30) days before trial. Counsel shall certify to this Court that they conferred with each other prior thereto, and they shall be prepared to discuss all aspects of the case and to conduct good‑faith negotiations toward settlement.
- Document
- Final pretrial
Must include
- •Certificate of conference
Counsel must file a pretrial statement at least seven days before pretrial that identifies the issues and anticipated legal questions, itemizes special damages, and reports settlement negotiations.
Court's wording
No later than seven (7) days before pretrial all counsel shall file a “Pretrial Statement” containing the following required data: A statement of the issues involved and a statement of all questions of law which it is expected will be involved in the case. An itemization of all special damages claimed. Status of settlement negotiations.
For domestic-relations hearings about dependency tax exemptions and their calculated benefits, file a tax-preparer-signed calculations report with the motion if available, otherwise as soon as practicable or as ordered, and properly and timely serve it on opposing counsel.
Court's wording
In any type of domestic relations hearing concerning the issue of claiming of dependency tax exemptions by one of more of the parties, and the calculated benefits of awarding such exemptions to one or the other parent, a calculations report, so designated and duly signed by a tax preparer, shall be filed with the motion, if available at that time, or as soon thereafter as reasonably practicable, or as otherwise ordered by the Court. Once filed, such calculations report shall be sufficient and be admitted into evidence at said hearing if properly and timely served on the opposing counsel without objection.
For domestic-relations hearings about current values of the listed assets, file a designated valuation or appraisal report signed by the valuator with the motion if available, otherwise as soon as practicable or as ordered, and properly and timely serve it on opposing counsel.
Court's wording
In any type of domestic relations hearing concerning the issue of present day values of: retirement benefits/pension plans; personal property; real property; or business and/or financial assets or interests, a calculations/valuation/appraisal report, so designated and duly signed by the valuator/appraiser of the property in issue, shall be filed with the motion, if available at that time, or as soon thereafter as reasonably practicable, or as otherwise ordered by the Court. Once filed, such valuations report shall be sufficient and be admitted into evidence at said hearing if properly and timely served on the opposing counsel without objection.
If a videotaped deposition will be used at trial, its transcript must be filed two weeks before trial, and objections must be filed in writing one week before trial.
Court's wording
In all cases where video tape depositions are going to be used at trial, a written transcript of said deposition shall be filed with the Court two (2) weeks prior to trial. Any party with objections to any part of the deposition shall file the same in writing one (1) week before trial.
For medical-malpractice cases filed on or after April 10, 2003, plaintiff’s counsel must file the completed original Medical Malpractice Report with the Clerk at final disposition.
Court's wording
Pursuant to SB 281, which became a law on April 10, 2003, it is required at the final disposition of any Medical Malpractice case that the attorney for the plaintiff shall file with the Clerk of the Common Pleas Court a completed original of the Ohio Department of Insurance, Medical Malpractice Report. This rule shall apply to any Medical Malpractice case filed with this Court on or after April 10, 2003.
Motions shall be accompanied by a memorandum stating the grounds therefore and citing the authorities and reasons relied upon.
Specified domestic ex parte applications must state the exigent circumstances supported by the moving party’s sworn affidavit, describe notice efforts or why notice should be omitted, and include an executed Certification of Counsel.
Court's wording
All applications for an ex parte order relating to the wrongful disposition/encumbrance of property, the allocation of parental rights and/or for sole and exclusive use of the marital residence shall contain the following: The basis for the claimed exigent circumstances which requires the issuance of an ex parte order. The factual basis of said exigent circumstances shall be supported by an affidavit sworn to by the moving party; A statement by counsel as to the efforts made to contact either opposing counsel or, if unrepresented, the opposing party or, in the alternative, the reason why opposing counsel or the unrepresented party should not be given notice; An executed “Certification of Counsel (Pursuant to Prof. Cond. Rule 3.3),” in substantially the form identified as Appendix to this Local Court Rule.
If temporary orders are sought, the parties shall submit the general information, financial affidavits and child support guidelines worksheets with their initial pleadings.
A CQE petitioner must file Form A with the Clerk and provide the DRC electronic petition number and printed receipt if submitted through the DRC, or attach a completed DRC-prescribed written petition if not submitted electronically.
Court's wording
In order to request a CQE, the Petition for Certificate of Qualification for Employment (RC 2953.25) [Form A] shall be filed with the Clerk of Courts by the Petitioner. The Petitioner shall provide the DRC Electronic Petition Number and attach a printed receipt of electronic Petition if submitted through the DRC. If not submitted electronically through the DRC, a written Petition must be completed on the form prescribed by the DRC and attached to the pleading.
The undersigned hereby petitions for a Certificate of Qualification for Employment (see attached Exhibit A) with the Court of Common Pleas where the Petitioner resides.
Petitioner claims to have suffered a collateral sanction that is related to employment or occupational licensing as a result of one or more convictions or pleas of guilty to an offense.
If filing is made directly with the Court, Petitioner also asserts no time has been served on a term in a state correctional institution or in a department-funded program.
Counsel shall prepare for use by the child support enforcement agency one copy of each judgment entry filed with the clerk.
Stipulations and private agreement of counsel or parties concerning the progress or management of any matter touching the case, not made in open Court, will not be recognized unless the same is reduced to writing and signed by the parties thereto.
At the conclusion of mediation, a report stating whether agreement was reached on any mediated issue must be filed with the Court.
Court's wording
50.04 Mediation Report. Upon conclusion of mediation and pursuant to Ohio Revised Code section 3109.052(B), a mediation report indicating whether or not an agreement has been reached on any of the issues that were the subject of mediation shall be filed with the Court.
Ordinarily, post-decree motions will be pre-tried unless they are not contested, in which case the initial hearing date may be considered a final hearing on such motions if the court deems it appropriate. A notice of the following effect should be included with such post-decree motions: The hearing scheduled on the above motion will be considered a pre-trial conference before the court, rather than a hearing on the merits, unless the party against whom the motion is brought does not appear at the hearing and does not file an objection to the requested relief, and if no such appearance or objection is made, the court may proceed to the merits of the motion at the scheduled hearing.
The parties are requested to file and exchange pre-trial statements no later than the day of the pre-trial.
Any deviation therefrom shall be made by special application to the Court.
During the arraignment, a pretrial date shall be established by the Court. After the pretrial conference, an entry shall be journalized establishing the last date that a plea negotiation shall be considered by the Court. If a change of plea hearing is not scheduled, then this matter shall be set for jury trial.
If you are interested in providing any information regarding this petition, please complete the attached form and file with the undersigned clerk of courts within fourteen days.
The specified general information, affidavits, and worksheets need not accompany the pleading when temporary orders are not sought.
Court's wording
At the time of filing a party’s respective pleading, it is not necessary for the parties to file general information, financial affidavits, and child support guidelines worksheets in cases in which temporary orders are not sought.
The court may order either counsel to prepare an entry setting fourth the agreement of the parties or an order of the court.
Filing & Service rules
Electronic Filing Rules
The listed documents, including new-case complaints, certain service-dependent filings, appeals, and sealing or expungement applications, may not be filed by fax.
The following documents will not be accepted for fax filing: cognovit promissory note original complaint and accompanying paperwork for a new domestic or civil case action motion for reopening of a case answer with cross complaint needing service debtor’s exam writ of possession garnishment service by publication and/or precipe for order of sale making and/or filing and/or releasing of a certificate of judgment request for execution by the Sheriff filing of an appeals action filing of a motion/application for sealing or expungment of a criminal record
Page 1 | Rule 4.1 (A) Facsimile Filings
Attorneys and self-represented litigants may fax only emergency or time-critical filings meeting the stated test, and must call the appropriate case manager or Clerk before faxing.
Attorneys and pro se litigants shall limit use of facsimile to filings of an emergency or time-critical nature only. A filing is of an emergency or time-critical nature if a document is due to the Court by set deadlines, and/or hearings and will not arrive to the Court via regular or express mail or cannot be brought to the Clerk of Courts Office for filing with the Court within the available timeframe. Attorneys and pro se litigants shall call the appropriate court personnel (Civil/Criminal Case Manager or Domestic Relations Case Manager) or the Clerk of Courts Office prior to faxing any document.
Page 1 | Rule 4.1 (B) Facsimile Filings
Eligible pleadings, motions, exhibits, and other case documents may be filed by fax with the Clerk, subject to the stated conditions and exclusions.
Pleadings, motions, exhibits and other case documents, other than those outlined in section 4.1 (A) of this Local Court Rule, may be filed with the Crawford County Clerk of Courts Office by facsimile transmission to 419-562-8011, subject to the following conditions.
Page 1 | Rule 4.1 Facsimile Filings
Filing Timing and Cure Windows
The affidavit must be executed within six months before filing; noncompliant affidavits will be rejected by the Clerk.
NOTE: This affidavit must be executed not more than six months prior to being filed in the court. Affidavits not in compliance will be rejected for filing by the Clerk.
Page 1 | AFFIDAVIT OF INDIGENCY
If you are interested in providing any information regarding this petition, please complete the attached form and file with the undersigned clerk of courts within fourteen days.
If you are interested in providing any information regarding this petition, please complete the attached form and file with the undersigned clerk of courts within fourteen days.
Criminal cases
Page 1 | Notice to Court of Petition for Certificate of Qualification for Employment (RC 2953.25)
A party or counsel has 14 days to object to the magistrate’s decision, and filing objections automatically stays the judgment.
Counsel and/or party have fourteen (14) days in which to object to the decision. Upon objections being filed, the judgment shall be automatically stayed.
Page 1 | 1.4 (I) Magistrate’s Decision
The assigned judge must designate the arbitration chair within 45 days after the complaint is filed, and each side must submit its arbitrator’s name within 10 days after receiving the designation.
The judge to whom the case is assigned shall designate, within forty‑five (45) days after the filing of the Complaint, the arbitration panel chairman. The names of the two (2) members of the panel to be appointed by the plaintiff(s) and defendant(s), respectively, shall be submitted to the judge within ten (10) days after receipt of the designation provided for in (1) above.
Page 1 | Rule 34.02 (a) Selection of Arbitrators & Manner of Appointment
The arbitration hearing must be scheduled within 45 days after the board is appointed, with written notice of time and place at least 15 days beforehand; weekend, holiday, and evening hearings require agreement of all parties and arbitrators.
A hearing shall be scheduled not more than forty‑five (45) days after the appointment of the board of arbitration and the Assignment Commissioner shall notify the arbitrators and the parties or their counsel in writing at least fifteen (15) days before the hearing of the time and place of the hearing. No hearing shall be fixed for Saturdays, Sundays, legal holidays or evenings, except upon agreement of all parties and the arbitrators.
Page 1 | Rule 34.04 (a) Hearing; When and Where Held; Notice
An interested party must elect to take the property within 14 days after confirmation and notify all counsel; if an election is timely made and noticed, other eligible parties receive an additional 14 days to elect.
Any interested party having a right to elect to take said premises or any part thereof at the appraised value shall do so within fourteen days after the confirmation of said appraisement, and notice of such election shall be given by such parties so electing to counsel of record for all parties. Should such an election be made within said fourteen‑day period and notice given to all counsel of record, then any other parties entitled to elect shall have an additional fourteen‑day period to file a similar election.
Page 1 | Rule 9 (B) Partition
When the nonmoving party files a hearing request, the Court must schedule a hearing on the merits of the ex parte order within 10 days.
Upon the filing of a request for hearing by the non-moving party, the Court shall schedule a hearing on the merits of the ex parte order within ten (10) days.
Page 1 | Rule 39 Ex Parte Orders – Domestic Matters
A fax’s printed timestamp establishes when it was received; accepted faxes are file-stamped upon receipt during office hours or, if received after hours, before other filings the next court morning, and are deemed filed when stamped.
The date and time as imprinted on each page of the transmitted document shall be the time the document is received by the Clerk. Any transmission received and accepted for filing outside the standard office hours of Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding observed holidays, shall be file stamped by the Clerk prior to accepting and file stamping any other case documents the morning of the next court day. Such accepted faxed flings shall be file stamped in the order in which they have been received. Any transmission received and accepted for filing within the standard office hours shall be file stamped by the Clerk upon receipt. Any transmission received and accepted shall be deemed filed with the Court upon being file stamped by the Clerk.
Page 1 | Rule 4.1 (F) Facsimile Filings
Drafting counsel shall prepare and mail said entry to all counsel and all guardians ad litem within fourteen (14) days of the hearing date.
Drafting counsel shall prepare and mail said entry to all counsel and all guardians ad litem within fourteen (14) days of the hearing date.
Page 1 | Rule 5 (B) Drafting of Judgment Entries in Domestic Relations Cases
The arbitration chairman must file the report and award within 30 days after the hearing and send copies to the assigned judge and all parties or counsel on the same day.
Within thirty (30) days after the hearing, the chairman of the panel shall file a written report and award with the Clerk of the Court of Common Pleas and a duplicate copy with the judge to whom the case is assigned and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.
Page 1 | Rule 34.12 Report and Award
An exhibit omitted from a fax because it cannot be accurately or practically transmitted must be identified by an explanatory insert and filed separately within five court days, unless the Court orders otherwise.
Exhibits to a faxed filing that cannot be accurately transmitted via fax for any reason or are too lengthy to be faxed must be replaced by an insert page describing the exhibit and the reason(s) it is missing. Unless otherwise ordered by the Court, the exhibit must then be filed, as a separate document, no later than five (5) court days following the receipt of the faxed document. Failure to file the exhibit as outlined in this section may result in the Court’s striking the document and/or exhibit.
Page 1 | Rule 4.1 (E) Facsimile Filings
If the decision of the arbitrators is rejected pursuant to Section 2711.21 O.R.C., pleadings shall be amended and filed with the Clerk of Courts within thirty (30) days after filing of the report and award of the arbitrators. The parties making such pleadings amendments shall serve other parties pursuant to Ohio Rules of Civil Procedure.
If the decision of the arbitrators is rejected pursuant to Section 2711.21 O.R.C., pleadings shall be amended and filed with the Clerk of Courts within thirty (30) days after filing of the report and award of the arbitrators. The parties making such pleadings amendments shall serve other parties pursuant to Ohio Rules of Civil Procedure.
Page 1 | Rule 34.15 Time Limit to Amend Pleadings
The Clerk need not notify a sender of a failed fax filing; the sender must keep the transmission receipt with the source document and bears the risk of fax transmission.
The Clerk of Courts Office is not responsible to notify any sending party of a failed fax filing. The sending party shall retain receipt generated by their sending device as evidence of the filing of the document and shall maintain said receipt with the source document. The sending party bears the entire risk of transmitting a document by fax to the Crawford County Clerk of Courts Office.
Page 1 | Rule 4.1 (D)(2) Facsimile Filings
The Petitioner must provide the requested information within a number of days after the Order, but the number of days is not specified.
Upon consideration of the above captioned Petition for Certificate of Qualification for Employment, the Court hereby Orders the Petitioner to provide the following information within days of this Order:
Criminal cases
Page 1 | ORDER FOR ADDITIONAL INFORMATION
If opposing counsel does not respond within 14 days after mailing, drafting counsel may submit the entry without approval but must tell the Court that no response was received.
In the event that opposing counsel fails to respond to drafting counsel within fourteen (14) days from the time drafting counsel mails the entry to opposing counsel, drafting counsel may then submit the entry to the court without the approval of opposing counsel, and in the event, drafting counsel shall inform the court of the fact that drafting counsel received no response from opposing counsel within that fourteen (14) day period.
Page 1 | Rule 5 (D) Drafting of Judgment Entries in Domestic Relations Cases
Opposing counsel has 14 days after mailing to review the proposed entry and must sign and return it, attempt to resolve discrepancies, or contact the Court for direction.
Opposing counsel shall then have fourteen (14) days, after the entry was mailed by drafting counsel, to review the same, and within the same period opposing counsel shall do one of the following: Sign the entry and return it to preparing counsel, who is to file it with the court; or Contact opposing counsel to attempt to resolve any discrepancies; or Contact the court for further direction.
Page 1 | Rule 5 (C) Drafting of Judgment Entries in Domestic Relations Cases
If only the defendant seeks temporary orders, the plaintiff may file the appropriate informational documents within 14 days after service of the defendant’s proposal and accompanying documents.
However, in the event a plaintiff does not seek temporary orders, but a defendant requests them, the plaintiff shall have the opportunity to respond by filing the appropriate informational documents within fourteen (14) days after the service of defendant’s “Proposal for Temporary Orders” and accompanying documents.
Page 1 | 1.4 (D) Temporary Orders
If a party fails to appoint an arbitrator, the judge must appoint one upon motion within five days after the motion is filed.
If there is a failure of one or more parties to appoint one or more arbitrators as in (2) above, the judge shall, upon motion, appoint an arbitrator or arbitrators for the party or parties failing to comply, such appointment shall be made within five (5) days of the filing of such motion.
Page 1 | Rule 34.02 (b) Selection of Arbitrators & Manner of Appointment
A scheduling conference must be assigned 30 to 90 days after the last responsive pleading is filed and may be conducted by telephone.
The Assignment Commissioner shall, in not less that thirty (30) days nor more than ninety (90) days after the last responsive pleading is filed, assign a scheduling conference with all parties which may be conducted by telephone.
Page 1 | 1.2 (C)(1) Scheduling Order
A party in a partition case has five days after return of the appraisal order to object; absent objections, the Court may confirm the appraisal after that period.
In a partition case any party shall have five days after the return of the order of appraisement to file objections to said appraisement. If no objections are filed, said appraisement may be confirmed by the Court at the expiration of said five‑day period.
Page 1 | Rule 9 (A) Partition
After receiving all requested information, a judge must decide the CQE petition within 60 days unless the petitioner requests and receives an extension.
Once all information requested has been received, a Judge shall decide whether to Grant (Form H) for Deny (Form I) the Petition within sixty days, unless Petitioner requests and is granted an extension of time.
Page 1 | Rule 51.12 Certificate of Qualification for Employment
The Court will conduct the modification hearing within 28 days after a timely request is filed.
Within twenty-eight (28) days of the timely filing of a request for oral hearing seeking modification of a temporary order, the court will conduct the oral hearing.
Page 1 | 1.4 (D) Temporary Orders
Any other party may file its own modification-hearing request within 10 days after the first request, identifying the challenged portions and proposed modifications with particularity.
Within ten (10) days after the filing of a request for oral hearing seeking modification of a temporary order, any other party to the case may file such a request of her or his own, specifying with particularity the specific portions of the order to which the party objects, and the specific modifications to the temporary order suggested by such objecting party.
Page 1 | 1.4 (D) Temporary Orders
If you are interested in providing any information regarding this petition, please complete the attached form and file with the undersigned clerk of courts within fourteen days.
If you are interested in providing any information regarding this petition, please complete the attached form and file with the undersigned clerk of courts within fourteen days.
Criminal cases
Page 1 | NOTICE TO PROSECUTOR OF PETITION FOR CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT (RC 2953.25)
Service and Proof of Service Rules
The Clerk must provide written notice to the Petitioner and the Department of Rehabilitation and Corrections.
The Clerk is HEREBY ORDERED to provide written notice to Petitioner and the Department of Rehabilitation and Corrections.
Criminal cases
Page 2 | Notice and Final Appealable Order
Counsel must make reasonable efforts to complete service within 28 days after notice of failure of service, or the case may be dismissed without prejudice.
Upon notice of failure of service, counsel must make reasonable attempts to make good service within twenty‑eight (28) days of notice; and if they do not, the case may be dismissed by the Court without prejudice.
Page 1 | 1.2 (B) Failure of Service
If service is incomplete, plaintiff’s counsel must be notified that the case will be dismissed unless service is obtained; the case must be dismissed if no effort is made within 14 days.
If service is incomplete, notice shall be served on plaintiff’s counsel directing that unless service is obtained, the case will be dismissed. If after fourteen (14) days no effort has been made to obtain service, the case shall be dismissed.
Page 1 | 1.4 (C) Complaints
Even if an order issues ex parte, a hearing on continuing it must be scheduled and held after notice to all concerned.
Even when the order is issued ex parte, a hearing on the continuance of such order shall be scheduled and held after notice to all concerned.
Page 1 | Rule 7 (C) Equitable Relief
Serve notice of the hearing time on the adverse party or counsel; an ex parte hearing is allowed only if the motion affidavits show extraordinary, undue hardship from delay.
Notice of time of hearing shall be served upon the adverse party or his counsel and no matter shall be heard ex parte, unless from the affidavits filed with the motion, the Court determines that extraordinary, undue hardship would result to the moving party by any delay in the proceeding.
Page 1 | Rule 7 (C) Equitable Relief
As soon as reasonably practicable after an answer is filed, the parties must exchange the listed financial, property, income, and asset information and documents.
It is mandatory that the parties exchange with each other, as soon as is reasonably practicable after an answer is filed, all of the following: The identity of all pensions, profit sharing and retirement benefits, including IRA’s and the most recent summary; and Copies of all real estate deeds and vehicle titles and any appraisals intended by the parties to be used in the case; and Copies of the last three years income tax returns unless already in the possession of the other party; and Documentary proof of current income from all sources; and Copies of the most recent statements on all bank accounts, life insurance policies, mortgages, mutual funds, and other asset and debt accounts; and The identity and location of any safety deposit box; and The identity of all entities which hold assets in which either party has an interest, including but not limited to beneficial interests in trusts, and tangible and other personal property held for the benefit of a party. Also, the identity of all such assets which are being held for the benefit of a party.
Page 1 | 1.4 (E) Status Conferences, Pre-Trial Conferences and Disclosure
Unless the Court orders otherwise, the filer must provide each other counsel of record a true copy of post-complaint pleadings and listed filed papers, deliver it personally or by mail, and make or show proof of service in the case.
True copies of all pleadings filed after the complaint or of any exhibits, motions, affidavits, briefs or other papers filed with the Clerk, unless otherwise ordered by the Court, shall be provided by the party filing same for each of other counsel of record in the case and such copies shall be delivered to other counsel of record in person or by mail and proof of such service shall be made or shown in the case.
Page 1 | Rule 4 (C) Pleadings, Files and Papers
Copies of affidavits and written reports to be used in arbitration must be furnished to all counsel at least two weeks before the hearing.
In the instance of affidavits and written reports, copies shall be furnished to counsel for all parties not less than two weeks in advance of hearing.
Page 1 | Rule 34.07 (a) Conduct of Hearing; General Powers
Do not transmit service copies with a fax filing; the Court or Clerk will make the necessary copies.
Service copies shall not be transmitted with the source document, as the Court or Clerk will make necessary copies.
Page 1 | Rule 4.1 (H) Facsimile Filings
Service of summons must be checked 30 days after the complaint is filed; if service is complete and no answer has been filed, the case is assigned for an uncontested action.
After the complaint is filed, service of summons shall be checked in thirty days. If service is complete and no answer has been filed, the case shall be assigned before the magistrate for an uncontested action.
Page 1 | 1.4 (C) Complaints
When a real-estate appraisal is required, the Clerk must immediately mail a full copy to counsel of record or to pro se parties when the appraisal is returned.
In all cases where the appraisal of real estate is necessary or required by law, the Clerk of Court shall immediately notify all counsel of record of the appraisal, when it is returned by the Crawford County Sheriff’s Office. This Notice shall be in the form of a full copy of the appraisal and shall be mailed to the attorneys of record or to the parties of record, if pro se.
Page 1 | Rule 8 (C) Foreclosure or Execution/Real Estate Sales
Domestic-relations service may be made by publication and posting at the Courthouse and designated public places, including the Galion and Crestline Police Departments.
Pursuant to Ohio Civil Rule 4.4, service can be made by publication and posting in the Courthouse, plus two additional public places in the county that have been designated by Local Rule. It is ordered that the public area at the Galion Police Department and the Crestline Police Department shall be designated for posting of notices pursuant to Civil Rule 4.
Page 1 | Rule 48 (A) Service by Publication and Posting in Domestic Relations Cases
Filing Fees and Waivers
The fee schedule sets $750 for sex-offender reclassification.
• Sex Offender Reclassification $ 750.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
Reimbursement for services related to entering guilty or no-contest pleas is capped at $65 per hour for both in-court and out-of-court work, subject to each classification's prescribed maximum.
3. Reimbursement for the entrance of guilty or no contest pleas will be made based on the maximum rate of $65.00 per hour for out-of-court services and $65.00 per hour for in- court services up to the prescribed maximums for each classification.
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $500 for judicial release.
• Judicial Release $ 500.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $300 for jail-time credit.
• Jail Time Credit $ 300.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $300 for expungement.
• Expungement $ 300.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $2,500 for a degree 3 felony petition or new-trial motion under R.C. 2953.21.
• Felony (degree 3) $2,500.00 R.C. 2953.21 Petition/New Trial Mtn
Page 3 | Post Conviction and Habeas Corpus Proceedings
With Court approval, extraordinary-case reimbursement is $65 per hour for in-court and out-of-court work when trial continues beyond 15 days for aggravated murder, 10 days for murder, or 5 days for felonies.
5. Additional reimbursement shall be made for extraordinary cases when approved by the Court. Such reimbursement shall be made at the rate of Sixty-Five Dollars ($65.00) per hour in-court and Sixty-Five Dollars ($65.00) per hour out-of-court whenever as trial continues beyond the following periods: Aggravated Murder 15 days Murder 10 days Felonies 5 days
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $750 for revocation.
• Revocation $ 750.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $2,500 for a juvenile matter.
• Juvenile $2,500.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $1,000 for withdrawal of a guilty plea.
• Withdrawal of Guilty Plea $1,000.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $1,500 for a misdemeanor 60(B) matter.
• Misdemeanor (60(B)) $1,500.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $500 for resentencing.
• Resentencing $ 500.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $750 for NGRI or competency review.
• NGRI/Comp Review $ 750.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
Reasonable representation expenses may be reimbursed when submitted on the attorney's fee certification and approved by the Court.
4. Reimbursement for reasonable expenses associated with providing representation shall be made when submitted on the attorney's fee certification and approved by the Court. Expenses included, but are not limited to, such items as expert witness fees, polygraph examination costs, long distance phone calls, photocopying, certain travel expenses and other necessary items as approved at the discretion of the Courts.
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $1,500 for state habeas.
• State Habeas $1,500.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
Death-sentence representation is compensated at a $125 rate with no fee maximum.
• Death Sentence As set by Capital Fee Council-see R.C. 120.33 The Council has currently set at a rate of $125 with no fee maximum
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $1,750 for a degree 4 or 5 felony petition or new-trial motion under R.C. 2953.21.
• Felony (degrees 4-5) $1,750.00 R.C. 2953.21 Petition/New Trial Mtn
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $4,000 for a degree 1 or 2 felony petition or new-trial motion under R.C. 2953.21.
• Felony (degrees 1-2) $4,000.00 R.C. 2953.21 Petition/New Trial Mtn
Page 3 | Post Conviction and Habeas Corpus Proceedings
The fee schedule sets $150 for driving privileges.
• Driving Privileges $ 150.00
Page 3 | Post Conviction and Habeas Corpus Proceedings
The court’s filing-fee schedule sets the listed charges for case types and filings, ranging from $5 to $500.
the fees for filing cases in the Common Pleas Court of Crawford County shall be as follows: Dissolution……………………………………………… $ 200.00 Divorce……………………………………………………. 300.00 Civil………………………………………………………… 300.00 Service by Publication and/or a Precipe for Order of Sale– an additional fee…………………… 500.00 Post Decree Motion……………………………………… 200.00 Answer and Cross Complaint with Service……………. 100.00 Execution…………………………………………………. 200.00 Debtor’s Exam……………………………………………. 200.00 Writ of Possession………………………………………. 200.00 Court of Appeals………………………………………… 150.00 Garnishment……………………………………………… 100.00 Make and File Certificate of Judgment…………………. 35.00 Make Certificate of Judgment…………………………….. 5.00 Filing Certificate of Judgment……………………………. 30.00 Releasing Certificate of Judgment………………………… 5.00 Expungment………………………………………………. 150.00 Filing a Foreign Judgment………………………………… 50.00 Agreed Judgment Entry…………………………………… 50.00 Qualified Domestic Relations Order…………………….. 50.00 Petition for Certificate of Qualification for Employment…300.00
Page 1 | Rule 20 Court Costs
A fax filing requiring a fee will not be file-stamped until the fee is paid by check or cash.
Any faxed filing that requires a filing fee shall not be accepted by the Clerk for file stamping until filing fees have been paid. Acceptable forms of payment are check or cash.
Page 1 | Rule 4.1 (I) Facsimile Filings
A CQE petitioner must pay a $300 deposit before action is required, using a payment form accepted by the court; a judge may waive some or all of it, and the petitioner may submit indigency or other information seeking a reduction.
Before any action is required to be taken on the Petition, the Petitioner must pay a deposit in the amount of $300.00. Payment of this deposit may be made in any form otherwise accepted in the court of filing. A Judge may waive some or all of the deposit otherwise required by this Rule. The Petitioner may submit an Affidavit of Indigency (Form B) or other relevant information for the Court’s consideration if requesting a reduction in the filing fees.
Page 1 | Rule 51.04 Certificate of Qualification for Employment
Divorce and alimony pleadings require the Local Rule 20 filing-fee deposit, and the Clerk will not file them until it is received unless an affidavit of poverty is made.
The filing fee as set forth in Local Rule 20 shall be required in divorce or alimony cases. The Clerk shall not file any such pleadings until receipt of such deposit, unless an affidavit of poverty is made.
Page 1 | Rule 24 (A) Divorce Cases
A $25.00 application fee may be assessed.
($25.00 application fee may be assessed-see notice on reverse side)
Page 2 | FINANCIAL DISCLOSURE / AFFIDAVIT OF INDIGENCY
A non-refundable $25 application fee is due to the clerk within seven days of submitting the form unless the court waives or reduces it.
By submitting this Financial Disclosure / Affidavit of Indigency Form, you will be assessed a non-refundable $25.00 application fee unless waived or reduced by the court. If assessed, the fee is to be paid to the clerk of courts within seven (7) days of submitting this form to the entity that will make a determination regarding your indigency.
Page 3 | VIII. $25.00 APPLICATION FEE NOTICE
An additional $3 fee is charged when each covered cause or appeal is filed.
The Clerk of this Court is directed and hereby authorized to charge and collect an additional fee of three dollar ($3.00) upon the filing of each cause or appeal under O.R.C. 2303.201 (A), (Q), and (U).
Page 1 | Rule 47 (A) Fees for Computer Research and Services
Filing, service, and court costs for a complaint under the rule are waived until a violation judgment is entered, after which they are charged to the offender.
All filing fees, service costs and court costs associated with the filing of such complaint shall be waived until a judgment is entered by the Court for a violation, at which time such costs shall be charged to the offender.
Page 1 | Rule 44 (G) Notary Public Committee
A requesting party must pay the Clerk $20 for each copy of a recorded proceeding.
All copies of recorded proceedings before the Courts shall be supplied to a requesting party upon payment of a $20.00 fee for each copy. This fee is the responsibility of the requesting party and shall be paid to the Clerk of Courts.
Page 1 | Rule 37 (A) Record of Proceedings
The Clerk must deduct $5 from the filing fee to cover processing of the Medical Malpractice Report.
A $5.00 fee shall be deducted from the filing fee, by the Clerk, and placed in the Clerk of Courts account to cover the processing of the report.
Page 1 | Rule 34.2 (B) Processing of the Medical Malpractice Report
A notary-public application must include the fee set by law for the Commission Clerk, and that amount is refunded if the application is not approved.
All notary public application shall be accompanied by the fee provided by law for the Commission Clerk for the Secretary of State’s Office, which amount shall be refunded to the applicant in the event the application is not approved.
Page 1 | Rule 44 (C) Notary Public Committee
An additional $10 fee is charged for each covered cause of action, appeal, certificate of judgment, aid in execution, or petition to vacate, revive, or modify a judgment.
The Clerk of this Court is directed and hereby authorized to charge an additional fee of ten dollars ($10.00) upon the filing of each cause of action, appeal, certificate of judgment, or the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment under O.R.C. 2303.20(A), (P), (Q), (T), and (U).
Page 1 | Rule 47 (B) Fees for Computer Research and Services
Sealing & Redaction Procedures
Social security numbers and other information required to be excluded from the public record must be redacted under the applicable court rules.
All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence.
Page 1 | Rule 51.05 Certificate of Qualification for Employment
Pre-Motion Conference Requirements
Before filing a post-decree motion, the filer must bring it to the domestic-relations case manager for the magistrate to obtain a hearing date.
Post-decree motions shall be brought to the domestic relations case manager for the magistrate before filing to be assigned a hearing date.
Page 1 | 1.4 (G) Post-Decree Motions
Summary judgment motions are decided without oral hearing unless the Court finds one necessary; a party seeking a hearing must explain the need in writing within five days after receiving the briefing schedule.
Motions for summary judgement shall be handled in accordance with Civil Rule 56. They shall be decided without oral hearing unless oral hearing is determined to be necessary by the Court. The Assignment Commissioner shall establish a briefing schedule and a non‑oral hearing date. A party desiring an oral hearing shall notify the Court in writing within five (5) days after receipt of the Briefing Schedule stating why an oral hearing is necessary.
Page 1 | 1.2 (D) Motions for Summary Judgment
A motion hearing will be set only if the requesting party demonstrates the need in writing before the 14-day period expires.
Oral hearings on motions shall be set only where the party seeking same demonstrates such need in writing prior to the expiration of fourteen (14) days.
Page 1 | Rule 7 (A) General Motions
Opposing parties must respond within 14 days after service; after the memorandum period the matter is submitted, and failure to file a required memorandum waives it and permits immediate decision.
Within fourteen (14) days after service of such Motion, each party opposing the Motion shall respond. Upon expiration of the time for filing memoranda, the matter shall be deemed submitted. Failure to file a memorandum at the time required is a waiver and consent to submit the issue or case to the Court forthwith for decision.
Page 1 | Rule 7 (A) General Motions
Effective immediately this court shall not entertain any ex‑parte orders that do not deal with true emergency situations. These emergency situations would include immediate loss of property or true irreparable harm to persons.
Effective immediately this court shall not entertain any ex‑parte orders that do not deal with true emergency situations. These emergency situations would include immediate loss of property or true irreparable harm to persons.
Page 1 | Rule 39.1 (A) Ex-Parte Orders on Other Matters
If the above is desired, a hearing shall be set before the court or magistrate.
If the above is desired, a hearing shall be set before the court or magistrate.
Page 1 | Rule 39.1 (C) Ex-Parte Orders on Other Matters
A qualifying medical-malpractice claim filed in the Common Pleas Court must be assigned to arbitration under the cited statute.
Upon filing of a medical malpractice case as defined in Section 2305.11(d) (3) O.R.C. in the Court of Common Pleas, said claim shall be assigned for arbitration as provided in Section 2711.21.
Page 1 | Rule 34.01 Cases for Arbitration
A pretrial may be waived only with the consent of all parties and the Court.
A pretrial may be waived by consent of all parties and the Court.
Page 1 | Rule 11 (A) Duties of Counsel at Pretrial Hearings
The general motion rule applies to motions except domestic-relations proceedings and matters otherwise provided for in the rules.
This rule shall apply to all motions excepting domestic relations proceedings and those otherwise provided herein.
Page 1 | Rule 7 (B) Exceptions
In the interest of justice, the Court may decide a motion on an expedited basis before the briefing period expires, after notice to the nonmoving party.
Where the interest of justice require, the Court may, upon notice to the non-moving party, decide any motion on an expedited basis prior to the expiration of the briefing schedule set forth in this rule.
Page 1 | Rule 7 (A) General Motions
Adjournment & Extension Requirements
A judgment entry granting a domestic-relations continuance must be approved by the magistrate before submission to the judge.
All Judgment Entries granting continuances in Domestic Relations cases shall be approved by the Magistrate before being submitted to the Judge.
Page 1 | Rule 32 (A) Continuances Regarding Domestic Relations Cases
The scheduling order may be altered only by court order.
This schedule may not be altered except by order of the Court.
Page 1 | 1.2 (C)(1) Scheduling Order
Further extensions require written consent and Court approval, or an application with notice to the opposing party or counsel and a showing of good cause.
Any leave to move or plead thereafter may be had only by consent in writing of the parties or their counsel and the approval of the Court, or upon application to the Court with notice to the opposing party or counsel, and for good cause shown.
Page 1 | Rule 6 (B) Leave to Move or Plead
A criminal continuance request must be written and state the reason, opposing counsel’s consent position, and the new hearing date.
Continuances shall not be granted orally and must be in writing. A request for continuance, before it is granted, shall contain the reason for the request, whether or not opposing counsel consents, and the new date for hearing.
Page 1 | 1.3 (C) Continuances
A continuance application based on an absent witness must include an affidavit stating the expected testimony and the diligence used to obtain it.
In all applications for the continuance of a case on the ground of inability to procure testimony of an absent witness, the party making the application shall state in his affidavit what he expects to prove by such witness, and also, what acts of diligence he has employed to procure the testimony of such witness.
Page 1 | Rule 16 (A) Inability to Produce Witness
A party may obtain an extension of up to 30 days by application without notice, or up to 50 days with counsel’s consent and without leave of Court.
When a party in any case is not prepared to move or plead on the rule day, an extension of time may be had upon application to the Court and without notice for a period not exceeding thirty (30) days; or with consent of counsel not to exceed fifty (50) days without leave of Court.
Page 1 | Rule 6 (A) Leave to Move or Plead
A civil continuance request must be in writing, not made orally, and include the proposed hearing date, reason, and opposing counsel’s consent position.
Continuances shall not be granted orally and must be in writing. A request for continuance, before it is granted, shall contain the new date for hearing, the reason for the request, and whether or not opposing counsel consents.
Page 1 | 1.2 (F) Continuances
In domestic-relations cases, any continuance must be approved by the magistrate before approval is sought from the judge.
In all cases regarding domestic relations, any continuance, for any reason, shall be first approved by the Magistrate before seeking the approval of the Judge.
Page 1 | Rule 41 (B) Continuance of Hearing Without Notification or Approval
After a hearing is set, a continuance requires opposing counsel’s express consent or good cause shown to the judge or magistrate, and must be to a definite date.
After a matter has been set for hearing, there shall be no continuances granted without the express consent of the opposing counsel or without a showing of good cause to the judge or magistrate. A continuance shall only be granted to a date certain.
Page 1 | Rule 22 (A)-(B) Continuances
A domestic-relations continuance request must be written, include the proposed hearing date, reason, and opposing counsel’s position, and receive magistrate approval before submission to the judge.
Continuances shall not be granted orally and must be in writing. A request for continuance, before it is granted, shall contain the new date for hearing, the reason for the request, whether or not opposing counsel consents, and must be approved by the magistrate before being submitted to the judge.
Page 1 | 1.4 (H) Continuances
A mediation continuance request must first be made to the mediator in writing; a party dissatisfied with the decision or wishing to object should file a motion through the Clerk to the Court.
Interested parties shall first contact their mediator to determine whether or not a continuance will be granted. This request shall be made to the mediator in writing as required by rule. If a party is not satisfied with the mediator’s decision regarding the continuance or the party wishes to file an objection to the continuance, a motion should be addressed to the Court by filing through the Clerk.
Page 1 | Rule 50.08 Continuances
The Court may continue the case if the testimony is material and due diligence was used, unless the opposing party agrees to admit the affidavit as evidence and proceed to trial.
If the Court finds the testimony material and that due diligence has been used, said cause may be continued unless the opposite party consents to the reading of such affidavit in evidence, in which case the trial may proceed and said affidavit will be read at the trial and treated as a deposition of the absent witness.
Page 1 | Rule 16 (B) Inability to Produce Witness
If a party cannot proceed on the scheduled date and all parties agree, the Assignment Commissioner may continue the case and assess a $25 fee against that party.
In the event that a party is unable to proceed when the case has been scheduled, and such date is agreed to by all parties, the Assignment Commissioner may mark the case continued and may assess a $25.00 continuance fee against such party.
Page 1 | Rule 34.05 Inability of Party to Proceed
The leave-to-move-or-plead extension rule does not apply to domestic-relations cases.
This rule does not apply to Domestic Relations cases.
Page 1 | Rule 6 (C) Leave to Move or Plead
Chambers Communication Rules
An attorney may not communicate a case problem to the Court when the other side is represented until opposing counsel is notified and either consents or is present.
Furthermore, in no instance shall an attorney attempt to communicate to this court any problem which they might have in a case when the other side is represented by counsel until the other counsel has been notified and either consents to said communication or is present when said communication is made.
Page 1 | Rule 39.1 (E) Ex-Parte Orders on Other Matters
Before faxing any document, attorneys and pro se litigants must call the appropriate case manager or the Clerk’s Office.
Attorneys and pro se litigants shall call the appropriate court personnel (Civil/Criminal Case Manager or Domestic Relations Case Manager) or the Clerk of Courts Office prior to faxing any document.
Page 1 | Rule 4.1 (B) Facsimile Filings
After 14 days without a response to a served affidavit, the requesting party must notify the domestic-relations case manager; the Court enters an order based on the affidavits, and the party may submit a proposed order.
If fourteen (14) days have elapsed from the service of an affidavit and no response has been filed, the party requesting the temporary order shall notify the court’s domestic relations case manager, and the court shall enter a temporary order based upon the affidavits filed. The party requesting the temporary order may submit a proposed temporary order for the court’s consideration at that time.
Page 1 | 1.4 (D) Temporary Orders
If a case settles before the arbitration hearing, the parties must notify the Court’s arbitrator, who must notify the other arbitrators.
Upon settlement of a case before the arbitration hearing, it is the responsibility of the parties to notify the Court’s arbitrator and he in turn has the responsibility of notifying the other arbitrators.
Page 1 | Rule 34.16 (a) Settlement
An attorney, pro se litigant, or designated stenographer or transcriber may request an appointment to review a recorded proceeding, subject to the Court’s convenience.
An attorney, pro se litigant or designated court stenographer or transcriber may at the Court’s convenience, request an appointment to review the proceeding.
Page 1 | Rule 37 (C) Record of Proceedings