Darke County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- In criminal matters, pretrial motion practice and continuance requests may toll speedy-trial time but do not extend the trial time set by Rule 39.
- On a written request, the Court routinely grants up to 14 days to answer, plead, or otherwise move when no prior extension has been granted.
- Every extension request must state whether any prior extension has been granted.
- +3 more
Request must include
- A continuance for a conflict of assignments generally requires a written application within five days after notice of trial assignment, subject to the Civil Rules and Rules of Superintendence.
Communication
Phone
Page & Word Limits1 rule
Electronically delivered filings shall not exceed 30 pages in length for each document.
Electronically Delivered Filing
30 pages
Document Format Requirements5 rules
Pleadings and other papers must be unfolded, suitable for flat filing, prepared on letter-size bond paper (unless an attached or offered original exhibit requires another size), bound together, and comply with the stated top margins.
All pleadings and other papers shall be offered for filing without folding, suitable for flat-filing system, and shall be prepared upon letter size bond paper, except where the original document which is attached or offered as an exhibit, requires a different size. All pleadings must be bound together as one document by suitable method, including stapling or other binding; filing of loose papers is not permitted. In all filings, a top margin of 2 ½ inches shall be available on the first page to allow for endorsements thereon. Subsequent pages should have a top margin of no less than one inch.
New Complaints should have the last two digits of the year and the docket code typed on by the attorney's office. The Clerk's Office will fill in the new case number.
Furthermore, where old case filings have no prefix numbers and letters, such should be added based on information from the file.
There are no spaces or hyphens used in case numbering.
All citations in legal documents submitted shall comply with the Supreme Court of Ohio, WRITING MANUAL, A Guide to Citations, Style, and Judicial-Opinion Writing, Third Edition (effective June 17, 2024).
Document Filing Requirements56 rules
An affidavit of inability to prepay or give security for costs shall include a detailed explanation of the financial resources and income of the affiant. An affiant should be able to satisfy the Court that the exception to the rule of prepayment is justifiable.
DocumentAffidavit Of Inability To Prepay Or Give Security For Costs
The following pleadings are required in the respective actions: Dissolution (with children) : Petition Uniform Child Custody Jurisdiction Affidavit Separation Agreement (and Shared Parenting Plan, if applicable) Affidavit of Property Affidavit of Income and Expenses Affidavit of Health Insurance Notice to Attend Parenting Classes
DocumentDissolution With Children
All pleadings and other papers shall be identified by a title which shall contain the name and party designation of the persons filing it, and the nature of the pleading or paper.
DocumentPleading Or Other Paper
Counsel-filed pleadings must bear one attorney’s individual signature, Trial Attorney designation, typed name, office address, telephone number, attorney registration number, and email address; firm and other counsel names may appear for information purposes.
C. Signing of pleadings. All pleadings filed on behalf of any party represented by counsel shall be signed by one (1) attorney in his/her individual name with the designation “Trial Attorney referred to in paragraph (B) of this rule, together with his/her typed name, his/her office address, zip code, telephone number, area code, attorney registration number and email address. Firm names and names of co-counsel or associate counsel may appear on the pleadings for information purposes.
DocumentPleading
An attorney must notify the Court as soon as possible after accepting representation by filing a pleading, motion, Entry of Appearance, or other document.
A. Notice of Appearance. It shall be the duty of any attorney upon accepting representation of a party in any matter to notify the Court of such representation as soon as possible by the filing of a pleading, motion, Entry of Appearance, or other document.
DocumentNotice Of Appearance
A motion must be accompanied by a memorandum stating the relied-upon points and supporting authorities, with copies to opposing counsel, or the Clerk will not accept it for filing.
Except as otherwise provided by these rules, counsel filing any motion shall also file a written memorandum containing a short, concise statement of the points relied upon and the authorities supporting each contention, with copies to opposing counsel. The Clerk shall not accept for filing any motion which is not accompanied by a memorandum in accordance with this rule.
DocumentMotion
Counsel must include their Supreme Court of Ohio attorney registration number on every document filed with the Court.
Counsel shall include their attorney registration number issued by the Supreme Court of Ohio on all documents filed with the Court, and the Court shall use said number as the exclusive number or code to identify counsel who file documents.
DocumentCourt Filing
When citing an unreported case to the Court in any pleading, counsel or a party shall attach a complete copy of that case to the pleading.
DocumentPleading
A bankruptcy notice must include a bankruptcy-court pleading showing the filing; an expected stay requires a separate stay order, and notice alone does not stop proceedings.
When a bankruptcy proceeding is filed, the debtor’s attorney or the debtor shall file a notice with the Court which shall include a copy of an appropriate pleading from the bankruptcy court providing prima facia proof of the filing. If the bankruptcy is expected to stay further sale proceedings, an Order to stay proceedings shall be submitted to the Court; merely filing a notice of bankruptcy does not automatically stop proceedings, including advertised Sheriff’s sales. When the bankruptcy proceeding is complete and/or the stay is no longer warranted, the debtor’s attorney shall file a notice with the Court.
DocumentBankruptcy Notice
In addition to other statutory requirements, prior to obtaining a cognovit judgment, the moving party must provide the original note to the Court.
DocumentCognovit Judgment Application
1. File in this Court a written application for such allowance, which application shall contain notice of the time and date for the hearing, which shall not be less than seven (7) days from the filing of the application.
DocumentApplication For Allowance
Each party requesting child support or spousal support shall file a completed Affidavit of Income and Expenses.
DocumentSupport Request
The Plaintiff must present the specified Questionnaire with a Complaint seeking divorce, dissolution, legal separation, or spousal support; the Clerk will not accept a divorce, dissolution, or legal-separation Complaint without it.
In each and every case in which the relief demanded includes a divorce, dissolution, legal separation, or spousal support, there shall be presented by the Plaintiff with the Complaint a Questionnaire on a yellow colored form which may be obtained from the Clerk, containing a personal history of the parties of the action. The Clerk shall not accept for filing any Complaint in a divorce, dissolution, or legal separation action unless the Questionnaire is presented.
DocumentComplaint
When a domestic-relations case or motion to invoke continuing jurisdiction is filed, the party or counsel must provide specified identifying information to the Court on a separate pleading, not publicly file it, and the Court must maintain it in a confidential file with restricted access.
To assist with accurate identification of a party or person, when any domestic relations case is filed or any motion to invoke the Court's continuing jurisdiction is filed, the party or their counsel shall provide the Court (but not publicly file) on a separate pleading the full name, complete social security number, complete date of birth, and maiden name (if applicable). This information shall be maintained by the Court in a confidential file which shall be available only to Court personnel, personnel from the Department of Jobs and Family Services (for support collection purposes) and others upon Court approval for good cause shown.
DocumentSeparate Identifying Information Pleading
Consistent with Superintendence Rule 45, no complete social security number or date of birth for any party shall be included on pleadings filed with the Clerk of Courts.
DocumentPleading
Parties seeking this relief shall file supporting affidavits providing detailed information which would support the motion, including statements regarding the past and current caretakers of the child(ren). Vague and broadly written affidavits are discouraged as not likely to assist the Court in making a decision.
DocumentEx Parte Motion Concerning Children
When pleadings are filed to invoke the Court's jurisdiction on post-decree issues, the initial pleading filed by any party shall contain therein the current address of all parties and an updated Application for Child Support Services (IV- D application).
DocumentInitial Post Decree Pleading
In the absence of specific agreements between parties regarding parenting time on a case by case basis, then parenting time orders shall make reference to the Standard Schedule.
DocumentParenting Time Order
Before custody, parenting-time, and support agreements may be approved, the parties must agree on support amount, parenting time, specified medical expenses, and children’s medical insurance.
Before agreements regarding custody, parenting time, and support can be approved, the parties must not only agree as to the amount of support but also on parenting time, payments of ordinary and extraordinary medical, dental, optical, and orthodontic expenses, and provisions for medical insurance which benefits such children.
DocumentCustody Parenting Time And Support Agreement
The Plaintiff’s pleadings shall indicate proof of receipt of the temporary restraining order or acknowledgment of its existence.
DocumentPleadings
The Plaintiff’s attorney must prepare and file a conforming order with the initial pleadings, and the same duty applies to a self-represented Plaintiff if there is no attorney.
The attorney representing the Plaintiff shall prepare and file an order with the initial pleadings in conformity with this Rule so that the document is served simultaneously with initial pleadings. If there is no attorney for the Plaintiff, a comparable legal duty shall apply to a self-represented Plaintiff.
DocumentInitial Pleadings
In cases where one or both parties objects to the Magistrate's Decision, a memorandum consisting of the reasons for the objections must be filed within fourteen (14) days after the filing of such decision.
DocumentObjection Memorandum
Besides the filed set, proposed instructions shall be provided to the Court on USB thumb drive or via e-mail to commonpleas2@co.darke.oh.us.
DocumentProposed Jury Instructions
Within fourteen (14) days prior to any trial, both parties shall file a list of witnesses which they intend to call and a list of exhibits which they intend to introduce.
DocumentWitness And Exhibit Lists
Within ten (10) days prior to any trial, both parties shall file proposed jury instructions with citation to the Ohio Jury Instructions or other resource.
DocumentProposed Jury Instructions
For a defendant who will appear by Zoom from another location, defense counsel must request permission and provide the defendant’s location and contact information.
Defense counsel shall insure the Defendant will personally appear for all proceedings unless excused by the Court or unless the Defendant is in the custody of the Darke County Jail. If the Defendant is incarcerated in another jail/prison, attending inpatient treatment, or otherwise desires to appear via Zoom from another location, defense counsel shall file a request asking permission for the Defendant to appear via Zoom and further request the Court to make arrangements or accommodations if necessary. Such request must contain information regarding the Defendant’s location and contact information (email or telephone of the jail, prison, caseworker, etc.) so the Court can make the appropriate arrangements.
DocumentZoom Appearance Request
A request for an Order of Sale involving real estate must include the complete property description and specified identifying information, and the description must be approved by the Darke County Engineer.
When the relief sought includes a request for an Order of Sale involving real estate, the proponent of the Order shall attach a complete real estate description for the real property to be sold, along with the permanent parcel identification number, any known street address and the volume and page reference for the most recently recorded deed. The complete real estate description shall contain the approval of the Darke County Engineer regarding the accuracy of the description for purposes of subsequent conveyance.
DocumentOrder Of Sale
Counsel for the sale proponent must submit the deed and conveyance form with the approved legal description.
Counsel for the proponent of the sale shall submit the deed and conveyance form required by R.C. 2329.36. A copy of the legal description with proof of the Engineer’s approval shall accompany the deed.
DocumentDeed
A request to enter a building or improvement on the property must be made in writing to the Court and provide detailed reasons.
In the circumstance where entrance into a building or improvement on the real estate is requested (such as an open house, the need to preserve the premises from damage, re- appraisals, etc.), a written request must be made to the Court providing detailed reasons to justify the request.
DocumentWritten Request
When a bankruptcy proceeding is filed, the debtor’s attorney or the debtor shall file a notice with the Court which shall include a copy of an appropriate pleading from the bankruptcy court providing prima facia proof of the filing.
DocumentNotice Of Bankruptcy
If the bankruptcy is expected to stay further sale proceedings, an Order to withdraw the sale shall be submitted to the Court; merely filing a notice of bankruptcy does not automatically stop a sale.
DocumentOrder To Withdraw Sale
Unless the Court directs otherwise, the sender need not file the source document but must retain it with any required original signatures and the source cover page and produce them to the Court on request.
2. Unless otherwise directed by the Court, the person causing an electronic delivery need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the Court the source document delivered by electronic method, with original signatures as otherwise required under the applicable rules, together with the source copy of the cover page used for delivering the subject document.
DocumentElectronically Delivered Source Document
3. The source document delivered by electronic method shall be maintained by the person making the delivery until the case is closed and all opportunities for post judgment relief are exhausted.
DocumentElectronically Delivered Source Document
Each electronically delivered document must be accompanied by a cover page containing the listed sender, case, document, transmission-date, and page-count information.
1. The person delivering a document by electronic methods shall also provide therewith a cover page containing the following information: [See attached sample cover page.] a. sender’s name and firm identification; b. sender’s telephone number; c. the transmitting fax/email number; d. the caption of the case; e. the case number; f. the title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit G, etc.); g. the date of transmission; h. the number of pages included in the transmission, including the cover page;
DocumentElectronic Delivery Cover Page
Each exhibit to an electronically produced document that cannot be accurately delivered via electronic transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
DocumentElectronically Delivered Document
A party who delivers a signed document by electronic method represents that the physically signed source document is in his/her possession or control and that he/she will comply with this Rule.
DocumentElectronically Delivered Signed Document
A party electronically delivering a signed source document must transmit either the signed copy or an unsigned copy bearing the specified /s/ notation and signer’s name.
A party delivering a signed source document by electronic method shall either: a. transmit a copy of the signed source document; or b. transmit 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 (eg. /s/ Jane Doe). Submission of this notation carries the imprimatur and obligations of Ohio Rule of Civil Procedure 11.
DocumentElectronically Delivered Signed Document
Any exhibit filed in this manner shall be attached to a cover sheet containing the information required by Section D.1. above, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court. [See appendix for sample cover sheet.]
DocumentSeparately Filed Exhibit
For the return of time-stamped copies by mail, a self-addressed, stamped envelope must be furnished to the Clerk.
DocumentRequest For Return Of Time Stamped Copies By Mail
At other times, the Court may permit counsel to withdraw only upon: written application with the written consent of the party and the entry of appearance of a substitute counsel, or a finding of good cause after hearing on a written application which contains a certificate of service of said application and a copy of this rule upon the represented party by counsel.
DocumentWithdrawal Application
Motions, applications and requests, to which objections are not reasonably filed, may be granted as a matter of course (as will orders directing answers to interrogatories) upon the informal presentation of an appropriate proposed and endorsed order by counsel for the party initiating discovery.
DocumentDiscovery Request
A corrective entry must clearly identify the correction and state “nunc pro tunc” in its title.
Where is it necessary to correct an entry previously filed, the corrections in the subsequent entry shall readily identify the area of correction (by such manners as underlying, bold text or capital lettering). The entry must indicate in the title that it is an entry "nunc pro tunc."
DocumentCorrective Entry
In order to avoid improprieties and to not interfere with the adjudicatory process, any written comments and criticism of the Guardian ad Litem may be submitted to the presiding judge of the Court at such time as the matter concerning the Guardian’s involvement is finally determined and all appeal times have expired.
DocumentComments And Criticism
In order to be considered, comments and criticism shall be signed by the submitting party.
DocumentComments And Criticism
Upon specific application and for good cause shown, the Court reserves the right to waive the requirement to disclose a current address.
DocumentInitial Post Decree Pleading
Disclosure of witnesses or exhibits during discovery does not satisfy this requirement; the Court may exclude exhibits and witnesses not properly disclosed to the Court.
DocumentWitness And Exhibit Lists
Failure to file proposed jury instructions may result in the Court denying any subsequent request.
DocumentProposed Jury Instructions
The list from the State shall specifically indicate each exhibit by a number; the list from the defense shall specifically indicate each exhibit by a letter.
DocumentExhibit List
If Counsel or a party would like to order a copy of the audio recording of any proceeding(s), please file a Request For Audio Recording identifying the case caption, case number, and date and time of proceedings, and provide to the Court a clean thumb drive.
DocumentRequest For Audio Recording
If Counsel or a party would like to order a transcript of any proceeding(s), please file a Request for Transcript identifying the case caption, case number, and date and time proceeding(s).
DocumentRequest For Transcript
A written public-records request must include the requester’s name, a non-Post Office Box mailing address and telephone number, the case caption and number, the proceeding date and time, and a clean thumb drive with sufficient storage.
A person making a request for public records must furnish to Court in writing the following: 1. Name, mailing address (not Post Office Box), and telephone number of the person making the request. 2. Case caption, case number, and date and time of proceeding(s) being requested. 3. A clean thumb drive with sufficient electronic storage for copying audio file(s).
DocumentPublic Records Request
The proof of a title examination, judicial report or other evidence of title required by R.C. 2329.191 may also be issued by an attorney licensed to practice law in the State of Ohio (i.e. not exclusively issued by a title insurance company). Such proof shall cover a period of 21 years prior to the date of the report, or the actual length of the current owner’s title, whichever is longer.
DocumentProof Of Title
The requirements of R.C. 2329.271 shall be deemed satisfied by completion and filing the form customarily used by the Darke County Sheriff.
DocumentForm
Counsel for both parties should sign the agreement before submission to the Court.
DocumentAgreed Resolution
Where such information appears necessary to clarify persons or parties, it is suggested the following information may be included: (1) first five digits of the social security number; and/or (2) month and year of birth.
DocumentPleading
The Defendant may present a similar Questionnaire at the time of filing an Answer or Cross-Complaint.
DocumentAnswer Or Cross Complaint
Filing & Service rules
Electronic Filing Rules
An electronically delivered document is accepted as the effective original filing, and the receiving Clerk reconstructs a paper copy for the case file.
1. A document delivered by electronic transmission shall be accepted as the effective original filing. The Clerk of Court receiving the electronic transmission will maintain its equipment to reconstruct a paper copy version of the source document to serve as the original document in the case file.
Page 37 | B. ORIGINAL FILING
Filers must not transmit service copies electronically.
The filer shall not transmit service copies by electronic methods.
Page 40 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING — I. LENGTH OF DOCUMENT
Electronically delivered documents must be transmitted to the Clerk, not sent directly to the Court for filing.
Electronically delivered documents may NOT be sent directly to the Court for filing but may only be transmitted directly to the Clerk of Court.
Page 40 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING — G. TIME OF FILING
Facsimile copies may be used for electronic delivery for filing purposes.
The use of facsimile copies for electronic delivery to filing purposes is permitted.
Page 6 | RULE 2: PLEADINGS AND OTHER PAPERS — C. Facsimile copies
The electronic-delivery rules do not apply to the listed pleadings and documents, including filings requiring an unpaid cost deposit and specified original documents.
2. These rules do not apply to the following pleadings: a. any pleading requiring a court cost deposit where none has already been made with the clerk, such as civil complaint, counter-claim, cross-claim, third-party complaint, domestic relations motions to re-open case, etc. b. any pleading which commences a new action or matter where no deposit is required; c. cognovit promissory notes and other documents where any part of the original document is to be returned to the proffering party; d. original depositions; e. criminal complaint and attachments; indictments
Page 37 | A. APPLICABILITY
Pleadings and other papers may be delivered to the Clerk for filing by fax or email as an alternative to postal, carrier, or personal delivery, subject to the stated requirements.
As an alternative to delivery by U.S. Postal Service, for-profit carriers and/or personal delivery, pleadings and other papers may be delivered to the Clerk of Courts for filing by electronic (facsimile or email) transmission to 937-547-7305 or edelivery.darkeclerk@co.darke.oh.us, subject to the following requirements:
Page 37 | LOCAL RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING
A Guardian ad Litem report may be submitted electronically and stored electronically if it can be retrieved on paper.
Submission may be by electronic means, and may be stored in electronic format, provided retrieval on paper can occur therefrom.
Page 22 | RULE 7: DOMESTIC RELATIONS MATTERS — E. Investigations / Guardians ad Litem, 2
Filing Timing and Cure Windows
Objections to specified discovery motions, applications, interrogatories, or requests must be filed within ten days after service and accompanied by a memorandum or brief.
Objections to any discovery motion, application, interrogatories, or request under Rules 26 through 37 of the Civil Rules shall be filed within ten (10) days after service of the formal motion, application, interrogatories, or request, and shall be accompanied by a memorandum or brief.
Page 14 | RULE 5: CASE MANAGEMENT, I. Discovery, paragraph 1
Counsel must present the agreement within 14 days after the Court is advised of it or the scheduled hearing date, whichever occurs earlier.
Counsel shall present agreements to the Court within 14 days after the Court is advised of the agreement or within 14 days after the date of the scheduled hearing, whichever is earlier.
Page 18 | Agreed Settlements
A Guardian ad Litem report must be submitted to the Court at least seven days before the hearing unless the Court permits another date; submission is deemed filing the report.
The report of the Guardian ad Litem shall be submitted to the Court at least seven (7) days in advance of hearing, unless another date is permitted by the Court on a case by case basis. Submission to the Court shall be deemed as “filing” the report as required by Supt. Rule 48(F)(2).
Page 22 | RULE 7: DOMESTIC RELATIONS MATTERS — E. Investigations / Guardians ad Litem, 2
The objection memorandum must be filed within 14 days after the Magistrate’s Decision is filed.
In cases where one or both parties objects to the Magistrate's Decision, a memorandum consisting of the reasons for the objections must be filed within fourteen (14) days after the filing of such decision.
Page 27 | RULE 8: HEARINGS BEFORE THE MAGISTRATE
Proposed jury instructions must be filed within 10 days before trial.
Within ten (10) days prior to any trial, both parties shall file proposed jury instructions with citation to the Ohio Jury Instructions or other resource.
Page 28 | RULE 9: CRIMINAL MATTERS
The witness and exhibit lists must be filed within 14 days before trial.
Within fourteen (14) days prior to any trial, both parties shall file a list of witnesses which they intend to call and a list of exhibits which they intend to introduce.
Page 28 | RULE 9: CRIMINAL MATTERS
Criminal Rule 12 motions, including suppression and intervention-in-lieu-of-conviction motions, must be filed before the final Pretrial Conference or 10 days before trial, whichever occurs first.
Motions pursuant to Criminal Rule 12, including motions to suppress and motions for intervention in lieu of conviction, shall be filed before the final Pretrial Conference or ten (10) days before trial, whichever is earlier.
Page 28 | RULE 9: CRIMINAL MATTERS
If the Defendant seeks discovery, the request must be filed within 7 days after arraignment.
If discovery is desired, the Defendant shall file a request for discovery within 7 days after the date of arraignment.
Page 28 | RULE 9: CRIMINAL MATTERS
Counsel must submit a requested entry within seven business days unless the Court orders otherwise.
If counsel is requested to prepare an entry, counsel shall submit it to the Court within seven (7) business days after the request unless otherwise Ordered.
Page 29 | RULE 9: CRIMINAL MATTERS
If an electronically delivered document lacks required cover-page information or otherwise violates the Local Rules, the Clerk may file it or place it in the failed-documents file, in which case it is not considered filed.
2. If a document is delivered by electronic method to the Clerk of Court without the cover page information listed above, or if the document does not otherwise comply with any provisions of the Local Rules, the Clerk may, at its discretion: a. enter the document in the Case Docket and file the document; or b. deposit the document in a file of failed electronic documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts.
Page 38 | D. COVER PAGE
Unless the Court orders otherwise, a missing exhibit must be filed separately within five court days after the electronic document is filed; failure may result in the document or exhibit being stricken.
Unless the Court otherwise orders, the missing exhibit shall be filed with the Court, as a separate document, not later than five (5) court days following the filing of the electronically delivered document. Failure to file the missing exhibits as required by this paragraph may result in the Court striking the document and/or exhibit.
Page 39 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING — F. EXHIBITS
An electronically delivered document is filed when the Clerk time-stamps its receipt, not when it is electronically delivered; electronic delivery is accepted during the Clerk’s regular business days and hours.
Subject to the provisions of these rules, all documents delivered by electronic method and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the electronic delivery. The office of the Clerk of Court will be deemed open to receive electronic delivery of documents on the same days and at the same time the court is regularly open for business.
Page 40 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING — G. TIME OF FILING
Unless the Court orders otherwise, counsel for the prevailing party must prepare the journal entry and submit it to opposing counsel for endorsement within seven days after the decree, judgment, or order.
Unless otherwise ordered by the Court, counsel for the party in whose favor a decree, judgment, or order is rendered, including orders and rulings pertaining to any part of a motion shall, within seven (7) days thereafter, prepare the proper journal entry and submit it to counsel for the adverse party for endorsement.
Page 13 | RULE 5: CASE MANAGEMENT, G. Journalizing decisions
A party generally must file a counter-memorandum or other response within ten (10) days after receiving a motion, or the court will treat the motion as submitted and rule on it; exceptions apply.
If any party fails to file a counter-memorandum or other response within ten (10) days after the receipt of any motion except summary judgment (unless another specific time has been established by the Court), the motion will be treated as having been submitted and the Court will rule upon the same. This rule shall not apply to a motion for temporary injunction, a motion to modify a decree, a motion for a new trial, unless otherwise ordered, or to any motion otherwise assigned for a hearing by the Court.
Page 13 | RULE 5: CASE MANAGEMENT, F. Responsive pleadings
The party who initiated discovery may respond to objections within ten days after service, and the matter is automatically submitted when that response is filed or the ten-day period ends.
The party initiating discovery to which objections are filed may file an answer, memorandum, or brief within ten (10) days after service of the objections. Upon the filing of such answer, memorandum, or brief, or at the end of the ten (10) day period, the matter will be automatically submitted.
Page 14 | RULE 5: CASE MANAGEMENT, I. Discovery, paragraph 2
Counsel receiving a proposed journal entry must approve or reject it within seven days; if counsel cannot agree, the judge will direct the entry or may prepare and file it.
Counsel to whom the entry is submitted shall approve or reject the same within seven (7) days after receipt thereof, and if counsel are unable to agree upon an entry, the judge making the decision or order shall direct what entry shall be made, or the Judge may prepare and file it himself.
Page 14 | RULE 5: CASE MANAGEMENT, G. Journalizing decisions
Such reports are returnable to the Clerk on or before the seventh (7th) day following day after the proceeding was filed.
Such reports are returnable to the Clerk on or before the seventh (7th) day following day after the proceeding was filed.
Page 17 | Proceedings in aid of execution
A trustee must account at least every two years unless the Court otherwise requires an account for good cause.
Every trustee administering a trust in this Court shall render an account of the administration of his trust at least once every two (2) years, unless by Order of the Court, on its own motion, or by motion of any person interested in the trust, for good cause shown, such account be otherwise required.
Page 17 | Trustee's Accounts
A receiver must post bond as ordered and file an inventory within 30 days of appointment unless the court grants an extension on a good-cause motion.
The receiver shall post bond as ordered by the Court and file an inventory not later than thirty (30) days from his appointment unless an extension is granted upon a motion filed for good cause shown.
Page 17 | Receivership
A trustee must render a final account within 30 days after the trust terminates, or within another period ordered by the Court.
Every such trustee shall render a final account within thirty (30) days after termination of such trust, or within such periods of time as the Court may order.
Page 17 | Trustee's Accounts
If a trustee does not file the overdue account within 30 days after service of a citation, the Court may deny compensation if it finds the delay unreasonable.
In Page 17 of 45 ===== PAGE 18 ===== the event the trustee fails to file such account within thirty (30) days after he has been served with such citation, no allowances shall be made for his services if the Court finds that such delay was unreasonable.
Page 18 | Trustee's Accounts
Ex parte motions for spousal support by cash or in-kind payment generally will be set for a hearing or a noticed written-response deadline, with a reply permitted within the time set by the notice, generally 10 to 14 days after the notice is filed.
Motions seeking ex parte Orders for spousal support by cash or in-kind payment will generally be set for hearing or deadline for written response with notice to the opposing party, permitting reply within the time permitted by the notice (generally 10 to 14 days after filing the notice).
Page 22 | RULE 7: DOMESTIC RELATIONS MATTERS — C. Temporary Orders, 4
A post-conviction motion hearing is scheduled only by court order and is usually scheduled within 60 days after the motion is filed unless otherwise ordered.
B. Post-Conviction Motions. Upon the filing of any post-conviction motion, only upon Order of the Court will the matter be scheduled for hearing. Unless otherwise Ordered, scheduling will usually be held within sixty (60) days after any motion is filed.
Page 29 | RULE 9: CRIMINAL MATTERS — Post-Conviction Motions
Zoom appearance requests may require substantial advance notice, with prisons generally requiring two or three weeks.
Please note, many places need considerable notice (a week or more) for such requests, and prisons generally require such request two or three weeks in advance.
Page 29 | RULE 9: CRIMINAL MATTERS
To obtain reimbursement from the Ohio Public Defender’s Office, appointed counsel should file fee and expense applications within 30 days after the last service, although late applications may still be considered and may receive a lower rate.
In order to obtain reimbursement from the Ohio Public Defender's Office, applications for fees and expenses should be filed with the Court within thirty (30) days after the date of the last service for the Defendant. Applications filed out of time will be considered for payment, possibly at the end of the fiscal year, and possibly for compensation at a lower rate.
Page 30 | RULE 9: CRIMINAL MATTERS — Counsel for Indigent Defendants
After accepting and docketing an electronically delivered document, the Clerk must notify the sender by the same electronic method, and the sender must retrieve the filed document from the docket.
Once an electronically delivered document is accepted by the Clerk and filed on the Case Docket, the Clerk of Courts shall send a notice (eg. bottom of the cover page) to the sending party by the same electronic method as received (eg. fax or email) that the document was accepted and filed. The Clerk of Courts shall not be responsible for return of the filed document; instead, the sending party may retrieve the document by searching the docket and retrieving the document (eg. download the document to your desk top).
Page 39 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING
The Clerk need not notify senders of failed electronic delivery, so senders are expected to check delivery; the Clerk will endeavor to report failed filings only.
As with current methods of paper delivery, the Clerk of Court is not legally required to send any form of notice to the sending party of a failed electronic delivery. Parties are expected to check on the efficacy of electronic delivery. The Clerk of Court shall endeavor to inform the sending party only of a failed filing.
Page 39 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING
Service and Proof of Service Rules
When the Court approves service by posting and mailing, the Clerk must post the notice in the three specified courthouse, Juvenile/Probate Court, and Sheriff’s Criminal Justice Center locations.
When approved, service of notice shall be made by the Clerk of Courts by posting in the following places: (1) in the Clerk of Courts office of the courthouse; (2) in the lobby of the Juvenile/Probate Court via delivery to the Court’s Bailiff; and (3) in the lobby of the Darke County Sheriff’s Criminal Justice Center.
Page 9 | RULE 3: SERVICE OF PROCESS — SERVICE BY POSTING
Counsel seeking service by publication must submit the proposed notice to the Clerk, who must promptly publish it in a newspaper of general circulation upon compliance.
Counsel for a party desiring service by publication in a civil matter pursuant to Civil Rule 4.4(A)(1) shall submit to the Clerk of Courts the proposed legal notice for such publication. Upon compliance with this Rule, the Clerk shall promptly publish the notice in a newspaper of general circulation.
Page 9 | RULE 3: SERVICE OF PROCESS — SERVICE BY PUBLICATION
The Clerk must promptly post the notice at the designated courthouse and two public locations for six consecutive weeks, then docket when and where it was posted, at which point service is complete.
The Clerk shall promptly post the notice in a conspicuous place in the Courthouse of Darke County, Ohio and in two public areas of Darke County which might reasonably be believed to give notice of the proceedings as designated by Entry filed in the case based upon the request of the Plaintiff. This notice shall be posted in these required locations for six (6) consecutive weeks. Upon the completion of the six (6) weeks, the Clerk shall note on the docket when and where notice was posted, and service shall then be complete.
Page 9 | RULE 3: SERVICE OF PROCESS — SERVICE BY PUBLICATION
A request for service by posting and mailing under Civil Rule 4.4(A)(2) must be supported by sufficient filed affidavits and proof to satisfy the Court that the process should be permitted.
Where service by posting and mailing is requested pursuant to Civil Rule 4.4(A)(2), sufficient affidavits and proof shall be filed to satisfy the Court that process under Civil Rule 4.4 should be permitted.
Page 9 | RULE 3: SERVICE OF PROCESS — SERVICE BY POSTING
Counsel seeking this form of service must submit the proposed notice to the Clerk, and the notice must state the time and place of the final hearing.
Counsel for a party desiring this service shall submit to the Clerk of Court the proposed legal notice for such publication. This notice shall include notice of the time and place of final hearing.
Page 9 | RULE 3: SERVICE OF PROCESS — SERVICE BY PUBLICATION
When the Plaintiff proceeds in forma pauperis and the Defendant’s residence is unknown in a divorce, annulment, or legal separation action, service must be by posting and mail as required by Civil Rule 4.4(A)(2).
In a divorce, annulment, or legal separation action, if the Plaintiff is proceeding in forma pauperis, and if the residence of the Defendant is unknown, service by publication shall be made by posting and mail as required by Civil Rule 4.4 (A)( 2).
Page 9 | RULE 3: SERVICE OF PROCESS — SERVICE BY PUBLICATION
Before submitting a proposed agreement for enforcement, counsel for the signing party must notify the other attorney at least three days before submission.
However, prior to submission to the court, counsel for the signing party shall notify the other attorney that the entry will be submitted to the Court at least 3 days after the notice.
Page 18 | Agreed Settlements
Upon filing the application and copies, the applicant must promptly mail one copy to each counsel of record, but one copy suffices when counsel represents multiple parties.
Upon the filing of the application and copies, the applicant shall forthwith mail one copy to each counsel of record in the case, except where several parties are represented by the same counsel, it shall be sufficient compliance herewith to mail one (1) copy to such counsel.
Page 20 | RULE 6: FEES OF FIDUCIARIES AND THEIR ATTORNEYS
A copy of the application and hearing notice must be served on the other parties and counsel according to the Ohio Rules of Procedure.
A copy of the application and notice shall be served upon other parties and counsel in the manner provided for by the Ohio Rules of Procedure.
Page 20 | RULE 6: FEES OF FIDUCIARIES AND THEIR ATTORNEYS
The Guardian ad Litem must provide report copies to counsel of record, and further verbatim distribution in any format is prohibited.
Copies shall be provided by the Guardian ad Litem to counsel of record but any further distribution in verbatim format (paper, electronically, etc.) is prohibited.
Page 22 | RULE 7: DOMESTIC RELATIONS MATTERS — E. Investigations / Guardians ad Litem, 2
The plaintiff is subject to the temporary restraining orders as of filing, and each defendant is subject to them as of service.
The Plaintiff shall be restrained as of the date an action is filed, and the Defendant(s) shall be restrained as of the date of service.
Page 24 | J. Mutuality of Restraining Orders
The order must be served simultaneously with the initial pleadings.
The attorney representing the Plaintiff shall prepare and file an order with the initial pleadings in conformity with this Rule so that the document is served simultaneously with initial pleadings.
Page 25
The Plaintiff’s attorney must furnish the restraining order to the Plaintiff in a divorce or legal separation action.
The attorney representing the Plaintiff in any divorce or legal separation action filed in this court shall furnish a copy of the restraining order to the Plaintiff, and as of signing the complaint, the Plaintiff shall be bound by the terms of this order.
Page 25
The attorney for the objecting party must give the Common Pleas Court a copy of any objections to the Magistrate’s Decision.
A copy of any objections to the Magistrate's Decision must be given to the Common Pleas Court by the attorney representing the objecting party.
Page 27 | RULE 8: HEARINGS BEFORE THE MAGISTRATE
The sender must comply with Ohio Civil Rule 5 when providing notice to other parties or counsel.
The sending party shall comply with Ohio Rule of Civil Procedure 5 regarding notice to other parties / counsel.
Page 39 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING
A separately filed missing exhibit must be signed and served in accordance with the rules governing the signing and service of pleadings in this court.
Any exhibit filed in this manner shall be attached to a cover sheet containing the information required by Section D.1. above, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court. [See appendix for sample cover sheet.]
Page 40 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING — F. EXHIBITS
Documents and exhibits to be presented at a hearing must be provided to opposing counsel or parties and the Court before the hearing; providing them does not establish admissibility.
Exhibits: Provide any documents/exhibits that will be presented at the hearing shall be provided to opposing counsel / parties and the Court prior to the hearing. Providing the exhibit does not imply that rules for admissibility are satisfied.
Page 43 | J. INSTRUCTIONS FOR ELECTRONIC APPEARANCE
If service is not completed within six months as required by Civil Rule 4(E), the Court will notify counsel that the case will be dismissed unless service is obtained within the specified time.
If service is not completed within six (6) months as required by Civil Rule 4(E), the Court will serve notice on counsel that unless service is obtained within the specified time, the case will be dismissed.
Page 9 | RULE 3: SERVICE OF PROCESS — FAILURE OF SERVICE
The Court sends notices and communications to the trial attorney by email or to the last address of record, and trial counsel must inform co-counsel and associate counsel of matters affecting the action.
D. Notices. All notices and communications from the Court with respect to an action will be sent to the trial attorney via electronic mail or to the last address of record. Trial counsel shall be responsible for notifying his or her co-counsel or associate counsel of all matters affecting the action.
Page 11 | RULE 4: TRIAL ATTORNEY; D. Notices
Service of the reports is by regular mail unless another method is requested.
Service shall be by regular mail unless otherwise requested.
Page 17 | Proceedings in aid of execution
When publication is needed for service or sale advertising, counsel should seek the least expensive approved newspaper option, and absent good cause the Court may charge a higher publication cost to the proponent rather than the opposing party.
When publication is necessary for service of process, or for advertising the sale of real estate, pursuant to R.C. 2703.141 and R.C. 5721.18, efforts should be undertaken to minimize costs. Counsel is expected to contact local general circulation newspapers approved for publication to ascertain the least expensive alternative; if the least expensive alternative is not selected, unless good cause is shown, the Court reserves the right to assess the higher cost of publication against the proponent of the publication and not assess the higher cost to the opposing party.
Page 35 | RULE 11: JUDICIAL SALES OF REAL AND PERSONAL PROPERTY
If the highest bidder fails to pay the purchase-price balance within 30 days after the sale, the Court may forfeit the deposit after written notice and five days after mailing for payment.
In the event that the highest bidder does not pay the balance of the purchase price within 30 days after the sale, the Court may declare the deposit to be forfeited, provided the highest bidder receives written notice of the intent to declare the deposit forfeited and is given five days after the mailing of the notice to pay the balance due.
Page 35 | RULE 11: JUDICIAL SALES OF REAL AND PERSONAL PROPERTY
Filing Fees and Waivers
Civil actions and proceedings require a cost deposit before filing unless an affidavit of inability to prepay or give security is approved.
Unless an affidavit of inability to prepay or give security for costs is approved, no civil actions or proceedings shall be accepted for filing by the Clerk unless the party or parties offering the same for filing shall first deposit a sum of money to secure the payment of costs.
Page 4 | RULE 1: GENERAL PROVISIONS; COSTS, DEPOSITS AND FEES, D. Advance for Cost Deposit
A party seeking service by publication must deposit the Court-scheduled amount with the Clerk as security for publication costs, in addition to other required cost deposits.
In any action when service is to be made by publication, the party seeking service by publication shall deposit with the Clerk of Courts, as security for the publication costs, the sum set forth in the Schedule of Fees periodically adopted by the Court. This deposit shall be in addition to any and all other deposits for costs required by these rules.
Page 9 | RULE 3: SERVICE OF PROCESS — SERVICE BY PUBLICATION
If the parties do not agree on payment of the investigator’s report costs, the moving party must deposit sufficient funds with the Clerk unless the Court orders otherwise.
In the absence of an agreement, the moving party shall make a deposit with the Clerk of Court of sufficient funds (as set by the Court) to pay for the report (unless the court orders otherwise).
Page 23 | Guardian ad Litem
Each party must pay the appropriate seminar fee unless the Court waives it by order for good cause shown.
Each party shall pay the appropriate fee unless, upon Court Order for good cause shown, the fee is waived.
Page 24 | G. Seminar for Parents
The proponent of an Order of Sale must pay a $200 publication-cost deposit when filing the Order of Sale.
An additional cost deposit toward publication costs of $200.00 shall be paid by the proponent of the Order of Sale at the time of the filing of the Order of Sale.
Page 34 | RULE 11: JUDICIAL SALES OF REAL AND PERSONAL PROPERTY
The Clerk will not accept an electronically delivered document requiring a court-cost deposit without payment, and documents lacking required costs or rule compliance may not be filed.
No document delivered by electronic methods that requires a court cost deposit shall be accepted by the Clerk for filing. Documents tendered to the Clerk without payment of court cost and fees, or which do not conform to applicable rules, may not be filed.
Page 40 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING — H. FEES AND COSTS
Cost deposit amounts are periodically determined by the Court and published by the Clerk, and may change over time, subject to applicable law.
Except as otherwise provided by law, when applicable, such advanced deposits shall be as periodically determined by the Court and published by the Clerk of Courts. The current cost deposit amounts (which may change from time to time) are attached hereto and incorporated herein.
Page 4 | RULE 1: GENERAL PROVISIONS; COSTS, DEPOSITS AND FEES, D. Advance for Cost Deposit
Waiving a cost deposit does not prevent the Court from assigning costs later.
Waiving a deposit does not preclude the Court from later assigning costs.
Page 4 | RULE 1: GENERAL PROVISIONS; COSTS, DEPOSITS AND FEES, E. Affidavit of Inability to Pay Deposit
Calculating and billing court costs will be the responsibility of the Clerk of Courts and payment should be made to the Clerk of Courts within 30 days after the date of the statement.
Calculating and billing court costs will be the responsibility of the Clerk of Courts and payment should be made to the Clerk of Courts within 30 days after the date of the statement.
Page 4 | RULE 1: GENERAL PROVISIONS; COSTS, DEPOSITS AND FEES, F. Payment of Costs Upon Conclusion of Case
At the conclusion of a matter, the Court ordinarily enters an order allocating costs; parties are encouraged to resolve costs in an agreed disposition, and the initiating party remains responsible for paying costs due while retaining the right to seek reimbursement.
Upon conclusion of a case, motion or other matter pending before the court, an Order will ordinarily be entered concerning which party shall bear the costs incurred. Where an agreed disposition of the matter is reached, the counsel and/or parties are encouraged to resolve the issue of the payment of court costs. In the absence of any agreement, the Court shall make such Orders as shall be deemed appropriate regarding payment of court costs. Regardless of an allocation of costs by agreement or Order, the party initiating the case, motion or other matter is responsible for paying the costs due and is then entitled to seek reimbursement from the other party/parties.
Page 4 | RULE 1: GENERAL PROVISIONS; COSTS, DEPOSITS AND FEES, F. Payment of Costs Upon Conclusion of Case
Electronic delivery and filing of pleadings carries no additional fee, but customary printing or copying charges for documents distributed by the Clerk still apply.
No additional fee shall be assessed for electronic delivery and filing of pleadings. However, customary charges for the printing and /or copying of any documents which must be distributed by the Clerk of Court shall still be charged (eg. Final Appealable Orders, pleadings directed by the Court to be sent by the Clerk, etc.)
Page 40 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING — H. FEES AND COSTS
Counsel and parties are encouraged to periodically check with the Clerk for changes to cost deposit amounts.
Counsel and parties are encouraged to periodically check with the Clerk of Courts to determine if any changes have been made.
Page 4 | RULE 1: GENERAL PROVISIONS; COSTS, DEPOSITS AND FEES, D. Advance for Cost Deposit
Courtesy Copy Requirements
One additional copy of every pleading must be provided to the Judge’s office.
An additional copy of all pleadings shall be provided to the office of the Judge of the Court of Common Pleas.
Page 6 | RULE 2: PLEADINGS AND OTHER PAPERS — A. Form and size of pleadings
Counsel must provide the Clerk a complete copy of every pleading, motion, or other filing for delivery to the Court, marked “Court's copy” or “Judge's copy” on the front page.
Counsel shall provide a complete copy of all pleadings, motions, or other filings to the Clerk who shall file stamp and deliver same to the Court. These copies shall be marked on the front page as "Court's copy" or "Judge's copy."
Page 13 | RULE 5: CASE MANAGEMENT, D. Court's copy of pleadings
Filing Bundling Requirements
When multiple extensive documents are to be delivered electronically, submitting each document individually is recommended.
If multiple documents with extensive page size are to be electronically delivered, it is recommended that each document be submitted individually.
Page 40 | RULE 12: ELECTRONIC DELIVERY OF PLEADINGS FOR FILING — I. LENGTH OF DOCUMENT
Pre-Motion Conference Requirements
Excepting requests to mutually restrain the disposal of assets, requests for ex parte orders should not be made when the parties have both retained counsel who have been attempting to resolve marital conflict or conclude marital issues. If both parties have counsel, a movant shall notify the other counsel of their belief in the need for temporary Orders and contact the Court for a time to discuss the matter.
Excepting requests to mutually restrain the disposal of assets, requests for ex parte orders should not be made when the parties have both retained counsel who have been attempting to resolve marital conflict or conclude marital issues. If both parties have counsel, a movant shall notify the other counsel of their belief in the need for temporary Orders and contact the Court for a time to discuss the matter.
Page 21 | RULE 7: DOMESTIC RELATIONS MATTERS — C. Temporary Orders, 2
Adjournment & Extension Requirements
Every extension request must state whether any prior extension has been granted.
Every request shall state whether any prior extension(s) has been granted.
Page 8 | H. Extension of time to answer or plead
On a written request, the Court routinely grants up to 14 days to answer, plead, or otherwise move when no prior extension has been granted.
Upon the filing of a written request for such extension, the Court routinely grants up to 14 days as an extension of time in which to answer, plead, or otherwise move, when no such prior extension has been granted.
Page 8 | H. Extension of time to answer or plead
For an extension beyond the initial period, the requesting party must attempt to obtain opposing counsel's approval and show good cause.
If an additional extension beyond the initial period is requested, the party desiring an extension must attempt approval of any opposing counsel and show good cause.
Page 8 | H. Extension of time to answer or plead
A continuance of a case set at pretrial requires a written request and good cause; a request based on an absent material witness must include an affidavit describing the witness’s expected testimony, and the specified failure to arrange for the witness is not good cause.
No continuance of any case set at pretrial will be granted unless requested in writing and for good cause shown. In the event the cause claimed is the absence of a material witness, an affidavit must be furnished as to the substance of what the witness would testify to if called. Absence of a material witness whom counsel has not deposed, subpoenaed, or otherwise arranged for immediately after pretrial shall not be good cause.
Page 15 | K. Assignment of Civil Cases
A continuance for a conflict of assignments generally requires a written application within five days after notice of trial assignment, subject to the Civil Rules and Rules of Superintendence.
Continuances generally will not be granted due to conflict of assignments unless written application is received within five (5) days after the notice of trial assignment provided requirements of the Civil Rules and Rules of Superintendence are met.
Page 15 | K. Assignment of Civil Cases
In criminal matters, pretrial motion practice and continuance requests may toll speedy-trial time but do not extend the trial time set by Rule 39.
In criminal matters, pretrial motion practice and requests for continuance may toll the time for speedy trial, which can also be waived, but such matters do not extend the trial time set by the Supreme Court of Ohio in Rule 39.
Page 5 | G. Compliance with Rules of Superintendence
Requests to extend the prescribed periods must be written and state their grounds, and generally will be viewed with disfavor.
Requests for extensions of the prescribed periods must be in writing and state the grounds therefore and, in general, will be looked upon with disfavor.
Page 14 | RULE 5: CASE MANAGEMENT, I. Discovery, paragraph 4
Chambers Communication Rules
If communication with the Court is lost during a hearing, immediately call Court staff at 937-547-7325 and promptly try to reconnect.
If communication with the Court is lost during a hearing, immediately call the Court and advise the staff (937-547-7325). Also, promptly try to reconnect to the hearing.
Page 44 | J. INSTRUCTIONS FOR ELECTRONIC APPEARANCE
Junior Lawyer Participation Incentives
The Court may appoint additional counsel in murder or aggravated murder cases, when otherwise needed, or to provide younger counsel an educational opportunity.
Normally, one attorney will be appointed to represent the Defendant. However, when the case involves a charge of murder or aggravated murder or where the case appears to otherwise require additional counsel, including the opportunity to education younger counsel, the Court may appoint additional counsel to represent the Defendant.
Page 29 | RULE 9: CRIMINAL MATTERS — Counsel for Indigent Defendants