Court Rules
Common questions about Defiance County Court of Common Pleas, General Division rules

Are courtesy copies required in Defiance County Court of Common Pleas, General Division?

Courtesy-copy rule applies for pleadings, motions, and other papers. After a visiting judge is appointed, counsel must provide the visiting judge with one copy of all pleadings, motions, and other papers filed for the record.

View ruleSource: page 10, section Chapter 3 — Filing Procedures, Rule 3.01(A)(5)

What page or word limits apply to guardian ad litem pretrial summary in Defiance County Court of Common Pleas, General Division?

Defiance County Court of Common Pleas, General Division's rule states these limits: 1 pages. The GAL must provide the court with a written summary limited to one page at least five days before the GAL pre-trial conference.

View ruleSource: page 192, section ORDER APPOINTING GUARDIAN AD LITEM

What formatting rules apply to filings in Defiance County Court of Common Pleas, General Division?

Defiance County Court of Common Pleas, General Division's formatting rule includes letter paper, binding securely bound, white paper, typewritten or printed in a neat and legible manner, securely fastened together, and page numbered if consisting of more than a single sheet. Papers filed as pleadings, motions, applications, judgments, and orders must be on 8½-by-11-inch white paper, typewritten or neatly and legibly printed, securely fastened together, and page-numbered when they contain more than one sheet.

View ruleSource: page 10, section Chapter 3 — Filing Procedures, Rule 3.01(A)(1)

What must be included with paper filings in Defiance County Court of Common Pleas, General Division?

The rule requires caption, judge name, and case number. The first page of each filed paper must identify the parties, case number, judge, filing, and the filing counsel’s or party’s contact and registration information.

View ruleSource: page 10, section Chapter 3 — Filing Procedures, Rule 3.01(A)(2)

What must be included with pleading filings in Defiance County Court of Common Pleas, General Division?

The rule identifies required filing content or certificates. A pleading with an endorsed jury demand must include "Jury demand endorsed hereon" in its caption, but omission does not waive a jury demand stated in the pleading's body.

View ruleSource: page 11, section C. JURY DEMAND

How may parties contact Defiance County Court of Common Pleas, General Division?

The rule addresses phone communications with the intake unit. The rule lists phone Defiance County: 419-782-5931; Fulton County: 419-337-9260; Henry County: 419-599-5951; Williams County: 419-636-2644. Self-represented litigants may contact the Court’s Designee by the listed county-specific telephone number to arrange attendance at a free pro se clinic.

View ruleSource: page 89, section RULE 10.05 - SELF-REPRESENTED LITIGANTS

How does Defiance County Court of Common Pleas, General Division handle sealed or redacted filings?

Defiance County Court of Common Pleas, General Division rules set procedures for sealed or redacted filings. Only the listed individuals may inspect and review non-public-file contents in performing their duties or as the Court directs.

View ruleSource: page 18, section RULE 3.03 — NON-PUBLIC FILE

How do I request an adjournment or extension in Defiance County Court of Common Pleas, General Division?

Advance notice is not fully stated in the structured details. Every continuance application for a scheduled event must be written and directed to the assigned judge or magistrate.

View ruleSource: page 19, section C. CONTINUANCES

Is electronic filing required in Defiance County Court of Common Pleas, General Division?

No. Electronic filing is prohibited for the covered filings. The Clerk will not accept filings by fax, email, or another alternative electronic means when case-management-system e-filing is available.

View ruleSource: page 12, section F. E-FILING WITH CLERK OF COURTS

Are filing fees or waivers addressed in Defiance County Court of Common Pleas, General Division?

A fee is required for covered filings. Unaltered, properly completed Uniform Standardized Forms must include the applicable filing fee to be accepted for filing.

View ruleSource: page 14, section I. UNIFORM STANDARDIZED FORMS

When is a filing treated as filed in Defiance County Court of Common Pleas, General Division?

The rule states that filing is treated as when clerk accepts. An electronic submission is deemed filed upon acceptance and receives an electronic stamp showing the date and time it was submitted to the e-filing system.

View ruleSource: page 12, section 1. Time, Effect and Process of E-filing — d) Official Time Stamp

What rule applies to service by mail in Defiance County Court of Common Pleas, General Division?

The rule addresses service method, recipient, or timing requirements. Details: method: service by mail, timing: after service. The clerk must serve the original complaint by certified mail, return receipt requested, unless alternative service instructions are filed with the complaint; after failed service, the serving party must file further written instructions within 30 days.

View ruleSource: page 10, section Chapter 3 — Filing Procedures, Rule 3.01(B)(1)
Complete rules summary for Defiance County Court of Common Pleas, General Division

An electronic submission is deemed filed upon acceptance and receives an electronic stamp showing the date and time it was submitted to the e-filing system.

Electronic filing does not extend any applicable statute of limitations, savings statute, or similar time limit.

Papers filed as pleadings, motions, applications, judgments, and orders must be on 8½-by-11-inch white paper, typewritten or neatly and legibly printed, securely fastened together, and page-numbered when they contain more than one sheet.

Electronic filers must leave sufficient time for filing, clerk review, and any necessary resubmission.

The first page of each filed paper must identify the parties, case number, judge, filing, and the filing counsel’s or party’s contact and registration information.

The first page of every paper must reserve at least 2½ inches at the top for clerk file marks, and every subsequent page must have a top margin of at least 1 inch.

After a visiting judge is appointed, counsel must provide the visiting judge with one copy of all pleadings, motions, and other papers filed for the record.

The clerk must serve the original complaint by certified mail, return receipt requested, unless alternative service instructions are filed with the complaint; after failed service, the serving party must file further written instructions within 30 days.

For an electronically filed original complaint, the Clerk prepares the service copies, and the filing party must not furnish them.

A pleading with an endorsed jury demand must include "Jury demand endorsed hereon" in its caption, but omission does not waive a jury demand stated in the pleading's body.

The Clerk will not accept filings by fax, email, or another alternative electronic means when case-management-system e-filing is available.

A person filing documents electronically must first register as an e-filer with the Clerk of Courts.

Registration as an e-filer results in issuance of a confidential, unique electronic identifier.

An e-filer must create an account with the Clerk-selected online payment agent.

E-filing is available for any filing at all times, including weekends.

The e-filing system must confirm receipt and include the receipt date and time as proof of receipt.

The Clerk reviews every electronic submission; only accepted documents are filed, docketed, and time-stamped, while rejected documents do not enter the court record.

Electronic filings that do not comply with court rules, policies, procedures, or practices may be rejected, not docketed, and not filed.

The listed documents, and other documents in the applicable exception category, cannot be filed electronically.

A video-deposition filing must comply with Sup.R. 13 and include a typed certified transcript and a list of objections.

Magistrate decisions and orders must include the issuing magistrate's or judge's name below the signature line.

Unaltered, properly completed Uniform Standardized Forms must include the applicable filing fee to be accepted for filing.

An in forma pauperis motion must include the attorney’s statement that no attorney’s fees will be accepted until court costs are paid or secured.

Court filings may be summarily stricken for failure to pay the Appendix B cost deposit unless a motion to proceed in forma pauperis is accepted or the Court waives the deposit.

A filing may be dismissed if the cost-deposit instrument is dishonored and the filer does not cure the deficiency within ten days after notice.

The Clerk may require an additional cost deposit sufficient to secure the case’s reasonably anticipated costs when the existing deposit becomes insufficient.

Costs ordered by a judgment are deducted from available deposits, unpaid amounts may be deducted after 60 days, deficiencies are billed, and remaining deposits are refunded after payment.

A plaintiff or appellant’s voluntary dismissal is charged to that party’s costs unless the Court orders otherwise.

When a final judgment does not identify who must pay costs, the Clerk divides them equally among available deposits and assesses any excess equally against the parties unless otherwise ordered.

Only the listed individuals may inspect and review non-public-file contents in performing their duties or as the Court directs.

More Judges in Defiance County Court of Common Pleas, General Division

Joseph N. Schmenk
Judge