Delaware County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Prior To Trial As Designated In Scheduling Order
Motion, Brief, Opposition, Reply
Motion, Other Written Filing
Receivership Plan, Receivership Report
Adjournments
- The judge may modify any case-schedule date for good cause and on just terms, either on a party’s motion or sua sponte.
- A party affected by failure of electronic notice may request an order extending the response deadline.
- The court may modify Civil Rule 6(C) deadlines upon a written application showing good cause, but the extension request must be filed before the proposed filing deadline.
- +7 more
Request must include
- A continuance motion based on a conflicting trial assignment must attach the conflicting assignment and be filed at least 30 days before trial; counsel must promptly notify the court and opposing counsel of a potential conflict.
Page & Word Limits2 rules
The court may strike a motion or memorandum that exceeds the applicable page limits.
The court may strike any motion or memorandum in excess of these page limits.
Brief
Motions and nonreply memoranda may not exceed 25 double-spaced pages in at least 12-point font, excluding supporting documents, while reply memoranda may not exceed 12 double-spaced pages.
No motion or memorandum may exceed 25 double-spaced pages using a minimum 12-point font, exclusive of supporting documents. Reply memoranda may not exceed 12 double-spaced pages.
Motion Or Memorandum
25 pages
Reply Brief
12 pages
Document Format Requirements10 rules
All documents submitted to the court must be in PDF format.
Documents must be submitted in Portable Document Format (PDF).
The facsimile cover page must state the attorney’s identifying and contact information, transmission date and time, and total page count.
Name of attorney; Address of attorney; Ohio Supreme Court registration number of attorney; Telephone number of attorney; Facsimile number of attorney; Email address of attorney; Date and time of facsimile transmission; and Number of pages of facsimile transmission.
Every facsimile filing must include a cover page and comply with the applicable Civil and Criminal Rules.
All facsimile transmissions tendered to the clerk for filing under this rule must comply with the applicable Civil Rules and Criminal Rules and include a cover page containing the following information:
Every pleading, motion, and memorandum must be legibly typed or printed in at least 12-point font on 8.5-by-11-inch paper and paginated at the bottom of each page.
Every pleading, motion, and memorandum filed must be legibly typed or printed using a minimum font size of 12 points on 8.5-inch by 11-inch paper, paginated at the bottom of each page, and have typed or printed the case name, the case number, and the name of the judge.
The proposed entry must be submitted in Word format by email to the assigned judge’s chambers using the applicable listed address.
The Word format of the entries must be submitted to the email address [either HemmeterCourt@co.delaware.oh.us or SchuckCourt@co.delaware.oh.us] for the assigned judge’s chambers.
DOCX
A motion or memorandum exceeding 20 pages must include a table of contents and table of authorities identifying sections, principal arguments, primary-authority citations, and page locations.
Any motion or memorandum exceeding 20 pages must include a table of contents and table of authorities, including reference to the main sections of the memorandum and the principal arguments and citations to primary authority made in each section, as well as the pages on which each section and any sub-sections may be found.
The clerk will not accept a deposition envelope containing more than one deposition.
The clerk will not accept for filing an envelope containing more than one deposition.
Counsel must mark all exhibits as ordered in the scheduling entry.
All exhibits must be marked by counsel, as ordered in the scheduling entry.
Counsel must arrange for appropriate redactions to a pre-recorded deposition before trial begins.
(4) Counsel must arrange to have the appropriate redactions on the pre-recorded deposition made prior to the start of trial.
The jury-service summons must be presented in a single document using readily understandable language.
The notice summoning a person to jury service will be set forth in a single document that is phrased in a manner that is readily understood by an individual unfamiliar with the legal and jury systems.
Document Filing Requirements79 rules
An electronic signature has the same legal effect as a manual signature and must consist of either a typed “/s/” signature or an electronic or scanned signature image.
An electronic signature will have the same force and effect as a manual signature. An electronically-submitted document issued or received by the clerk is considered signed if an electronic signature is included on the document. An electronic signature must include at least one of the following: a. “/s/” and the name typed in the space where the signature would otherwise appear; or b. An electronic image or scanned image of the signature.
Document Type
Electronically Filed Document
Every electronically filed document must be signed by an Ohio-admitted attorney or by an unrepresented party.
All electronically-filed documents must be signed by an attorney admitted to practice in the State of Ohio or by a party not represented by an attorney.
Document Type
Electronically Filed Document
An electronically filed pleading or document requiring an attorney’s signature must include the attorney’s electronic signature, registration number, party representation, address, telephone number, facsimile number, and email address.
A pleading or other document requiring an attorney’s signature must be signed with an electronic signature in substantially the following format if filed electronically: /s/Ohio Attorney Ohio attorney-registration number Attorney for (Plaintiff/Defendant) Address Telephone Number Facsimile Number Email Address
Document Type
Electronically Filed Document
All criminal complaints filed electronically must comply with Criminal Rule 3.
Pursuant to Crim.R. 12(B)(1), all criminal complaints must comply with Crim.R. 3.
Document Type
Criminal Complaint
When clerk service is required or requested, the e-filer must file Instructions for Service as a separate document.
(iii)For all documents that require service by the clerk or documents for which a party is requesting that service be made by the clerk, Instructions for Service must be filed by the e-filer as a separate document.
Document Type
Instructions For Service
Every e-filer must include a properly signed certificate of service containing the prescribed substantive language.
All e-filers must also include on their documents a certificate of service signed in accordance with the Civil Rules or the Criminal Rules, and these Local Rules. The certificate of service must contain substantially the following language: “I hereby certify that on [date], [document title] was served through the Court’s Electronic Filing Service or by ordinary U.S. mail.”
Document Type
E Filed Document
Final judgment entries must provide for payment of costs, and the clerk will apply the case deposit to those costs regardless of the assessed party.
Final judgment entries must contain a provision for payment of costs. The clerk of courts will apply the deposit to the costs in the case, regardless of the party against whom the costs are assessed.
Document Type
Final Judgment Entry
In specified foreclosure or Delaware County real-property sale actions involving the county treasurer or auditor, every pleading, motion, and memorandum must list each subject property’s Delaware County permanent parcel number beneath the judge’s name in the caption.
If the action is classified under Local Rule 1.13 as an action for foreclosure or is otherwise an action requesting the sale of real property located in Delaware County, Ohio and the Delaware County Treasurer or the Delaware County Auditor is a party to the action, each pleading, motion, and memorandum must list in the case caption beneath the judge’s name, the Delaware County permanent parcel number(s) of each of the real propert(ies) that are the subject of the action.
Document Type
Pleading Motion Or Memorandum
When applicable, a complaint must attach proof of assignment from the original creditor or interested party to establish standing and jurisdiction, and the court may dismiss the complaint without prejudice if the proof is missing.
Upon filing and where appropriate, complaints must have attached proof of assignment to the plaintiff from the original creditor or original party-in-interest to establish the plaintiff’s standing and the jurisdiction of the court. The court may dismiss the complaint without prejudice if the proof of assignment is not attached to the complaint.
Document Type
Complaint
A pleading that adds a new plaintiff or defendant after case commencement must state the new party’s name and address in the caption, followed by the appropriate party designation.
When a new party plaintiff or defendant is added to a case after its commencement, the caption of that pleading adding the new party must contain the name and address of the new party, followed by the appropriate designation.
Document Type
Pleading Adding New Party
Every pleading, motion, and memorandum must display the case name, case number, and judge’s name.
Every pleading, motion, and memorandum filed must be legibly typed or printed using a minimum font size of 12 points on 8.5-inch by 11-inch paper, paginated at the bottom of each page, and have typed or printed the case name, the case number, and the name of the judge.
Document Type
Pleading Motion Or Memorandum
Unless the judge orders otherwise, all nondispositive motions must include a proposed entry in Word format.
Except as otherwise ordered by the judge, all motions (except dispositive motions) must be accompanied by a proposed entry in Word format.
Document Type
Motion
A request for leave to exceed the memorandum page limits must be made by motion before filing the over-limit motion or memorandum.
Requests for leave to file memoranda in excess of these page limits must be made by a motion that is filed before the motion or memorandum exceeding these page limitations is filed.
Document Type
Memorandum
When appropriate, a motion must include a supporting memorandum stating the specific grounds for relief and citing controlling authorities.
All motions, where appropriate, must be accompanied by a memorandum in support of the motion, setting forth the specific grounds for the relief sought, along with citations to controlling authorities relied upon in requesting the relief.
Document Type
Memorandum In Support
When appropriate, a memorandum about a pending motion must cite page and document references for the evidentiary support of every factual assertion.
Where appropriate, all memoranda filed regarding a pending motion must include page and document references to evidentiary material for all factual assertions.
Document Type
Memorandum
Failure to submit the required proposed entry may delay consideration of or cause denial of the motion.
Failure to submit an entry may delay consideration of the motion or result in the court denying the motion for failure to comply with this rule.
Document Type
Motion
A motion requesting an oral hearing must state the request and anticipated hearing length in its caption.
If an oral hearing on the motion is desired, the motion must contain a request for oral hearing, with the anticipated length of the hearing, in the caption.
Document Type
Motion
Every pleading and motion filed for a represented party must be signed by one attorney in the attorney’s individual name.
All pleadings and motions served and filed on behalf of any party represented by counsel must be signed by one attorney in that attorney’s individual name as required by Civ.R. 11.
Document Type
Motion
An attorney’s signature block must include specified contact information, the Supreme Court registration number, and the party-specific trial-attorney designation.
Following that attorney’s signature, office address, telephone number, facsimile number, email address, and Supreme Court registration number, there must be set forth the designation “Trial Attorney for Plaintiff” (or Defendant).
Document Type
Motion
A self-represented party’s pleading or motion must be signed by that party and include the specified typed or printed signature-block information, including an email address if available.
All pleadings and motions served and filed by an unrepresented party must be signed by that party, and the signature block should contain the following information, either typed or printed: the party’s name, the designation that the party is self-represented, the party’s address, a telephone number where the party can be reached, and an email address (if available).
Document Type
Motion
A notice of substitution of counsel must be filed.
notice of substitution of counsel must be filed.
Document Type
Notice Of Substitution Of Counsel
The sponsoring attorney must provide written notice of sponsorship to the court and certify the out-of-state attorney’s compliance with the applicable rules.
The sponsoring attorney must provide written notice of his or her sponsorship to the court and certify the out-of-state attorney’s compliance with this rule and the Rules for the Government of the Bar;
Document Type
Notice Of Sponsorship
An out-of-state attorney seeking admission must provide registration proof, a written certification of familiarity with applicable Ohio rules, identify an Ohio-licensed sponsor, submit an entry authorizing approval, and identify the sponsor as co-counsel.
(1) Provided proof that the out-of-state attorney has registered with the Supreme Court Office of Attorney Services in accordance with Gov.Bar R. XII; (2) Certified in writing that he or she has familiarized himself or herself with these Local Rules and will familiarize himself or herself with the appropriate Ohio Rules of Criminal or Civil Procedure, the Ohio Rules of Evidence, and the Ohio Rules of Professional Conduct; (3) Identified an attorney licensed to practice law in Ohio to act as his or her sponsor. The sponsoring attorney must provide written notice of his or her sponsorship to the court and certify the out-of-state attorney’s compliance with this rule and the Rules for the Government of the Bar; (4) Submitted with the motion and certification an entry authorizing the approval of the motion; and (5) Identified the sponsoring attorney as co-counsel with the attorney admitted pro hac vice.
Document Type
Motion For Admission Pro Hac Vice
An attorney seeking withdrawal must file a motion stating the reasons, including the client’s current address and phone number and the attorney’s certification that specified conditions have been met.
An attorney desiring to withdraw from representation of a client must file a motion to withdraw stating the reasons for the withdrawal. The motion must also include the last current address and phone number of the client and certification by the attorney that the following ===== PAGE 18 ===== conditions have been met:
Document Type
Motion To Withdraw
A refiled civil complaint must include the prior case number after the required “THIS IS REFILED CASE #” designation under the new case number.
(2) Refiled Cases. If a case has been dismissed and is refiled, the refiled complaint must contain the following designation under the new case number: “THIS IS REFILED CASE #” followed by the prior case number.
Document Type
Refiled Complaint
A refiled criminal case must include the designation “THIS IS REFILED CASE #” followed by the prior case number under the new case number.
If a case has been terminated by nolle prosequi or other form of dismissal, the refiled case must contain the following designation under the case number: “THIS IS REFILED CASE #” followed by the prior case number.
Document Type
Refiled Case
When filing an indictment for an additional co-defendant, the prosecuting attorney must include the names and case numbers of all other co-defendants on the indictment for case-assignment purposes.
At the time of filing new indictments of additional co-defendant(s), the prosecuting attorney must include the name and case numbers of all other co-defendants on each indictment for case assignment purposes.
Document Type
Indictment
A notice of partial dismissal must be provided to the court and identify the settling parties, remaining parties, dismissed claims, and claims remaining pending.
(1) Notice of a partial dismissal must be provided to the court. The notice must indicate which parties have settled, which parties remain, which claims are dismissed, and which claims remain pending.
Document Type
Notice Of Partial Dismissal
A party obtaining a case-schedule modification must submit a signed Amended Case Schedule and promptly file and serve it on every other party.
If the case schedule is modified on motion of a party, that party must prepare and present to the judge for signature an “Amended Case Schedule,” which must be promptly filed and served on all other parties.
Document Type
Amended Case Schedule
A written extension motion must include a proposed entry.
The moving party must submit a proposed entry with its motion.
Document Type
Extension Motion
A party seeking leave to amend outside the time allowed by Civil Rule 15(A) must file a motion containing the proposed amended pleading.
A party seeking leave to amend its pleading beyond the time permitted by Civ.R. 15(A) must file a motion for leave to amend. That motion must include a copy of the proposed amended pleading.
Document Type
Motion For Leave To Amend
Receivership motions, fee applications, hearing requests, and other receivership procedural matters must be submitted in writing with a proposed order delivered to the judge’s chambers.
Motions for a receivership, fee applications, hearing requests, and other procedural matters relative to a receivership must be submitted in writing, with a proposed entry submitted to the judge’s chambers.
Document Type
Receivership Procedural Matter
A proposed order approving any fees must be submitted to the court.
Document Type
Fee Application
Each written receiver fee application must be provided to all appearing parties and include an updated plan, progress report, and a billing summary identifying work dates, work performed, workers, and the rate or calculation method sought.
(K) Payment of Receiver and Professional Fees (1) Fee applications must be made in writing, with notice to all parties that have appeared. The receiver or counsel for the receiver must attach to each fee application a brief, updated plan and progress report, together with a billing summary concisely reflecting: (a) the dates on which work was performed; (b) a description of work performed; (c) the name of each individual performing the work; and (d) the hourly rate(s) sought to be charged, or other method used to calculate proposed fee(s) and expenses.
Document Type
Fee Application
An attorney acting as receiver must separately identify fees sought for work performed as receiver and for work separately performed as an attorney.
(4) An attorney acting as a receiver must clearly differentiate between fees sought for work performed as a receiver and for work separately performed as an attorney.
Document Type
Fee Application
A final fee application must be accompanied by a receiver’s final report detailing collections and sources, prior creditor disbursements, remaining assets, creditor-claim status, unresolved claims, proposed distributions and closing date, administrative expenses, additional expenses sought, and known objections to the winding-up plan.
(L) Final Report to the Court and Creditors When the final fee application is submitted, it must be accompanied by a receiver’s final report that includes all of the following information: (1) the total amount of money collected during the receivership, the total funds collected since the last interim fee award to the receiver and the source(s) of those funds; (2) the total funds previously disbursed to creditors; (3) the amount of money or any property remaining on hand; (4) the status of all known secured and unsecured creditors’ claims; (5) the approximate number and admitted balances due creditors but remaining unpaid; 38 ===== PAGE 42 ===== (6) the approximate number and total of creditors’ claims that remain open or unresolved; (7) proposed final distributions to creditors and the date by which the receiver proposes to make them and close out the case; (8) the total administrative expense incurred to date, including fees paid to the receiver, attorneys, and other professionals; (9) the amount of additional administrative expense sought to be paid in the final fee application; and (10) any known objections or other positions taken by those having an interest in the receivership with respect to the receiver’s final plan to wind up the case.
Document Type
Receiver Final Report
The preliminary judicial report must include each parcel’s legal description, street address or available adjoining-road identifiers, permanent parcel or tax identification number, and record owners.
(a) a legal description of each parcel of real estate to be sold at the judicial sale; (b) the street address of the real estate or, if there is no street address, the name of the street or road upon which the real estate fronts together with the names of the streets or roads immediately to the north and south or east and west of the real estate; (c) the county treasurer’s permanent parcel number or other tax identification number of the real estate; (d) the name of the owners of record of the real estate to be sold;
Document Type
Preliminary Judicial Report
An application to employ a professional must state the professional's usual and proposed compensation, disclose relevant fees paid during the preceding year, and identify any prior retainer or compensation for receivership preparation.
(4) Applications to employ professionals must also set forth: (a) the professional’s usual and customary hourly rate or fee; (b) the proposed fee, hourly rate, or other alternative method or formula for determining compensation in the receivership; (c) whether any fees were paid to the professional during the one-year period preceding the filing of the application from, or involving, (a) the debtor in receivership, (b) a person or party closely related to the debtor, or (c) a person or party known to be adverse to the debtor and to have a material claim in the receivership; and (d) the amount, date paid, and source of any retainer or other compensation already received by the professional for preparatory work relative to the receivership.
Document Type
Application To Employ Professionals
An application to retain a professional must describe the professional's qualifications and verify licensure, conflict checks, required insurance, and contractual conflict and proceeds safeguards.
(3) Applications for authority to retain professionals to assist a receiver should summarize the experience, current professional licensure, and other qualifications for every person sought to be retained. The application must affirmatively verify that: (a) all necessary licenses are in good standing and not under suspension; (b) appropriate conflict checks have been made by the professional; (c) as to lawyers, professional liability insurance in an amount equal to the minimum coverage required by the Rule 1.4 of Ohio Rules of Professional Conduct is in force; and (d) the contract retaining the professional will affirmatively state that the professional will avoid any conflict of interest in connection with work on the receivership; that gross proceeds of any sale or other transaction conducted by them will be immediately turned over to the receiver or placed in a separate trust account; and that they will not, under any circumstances, directly or indirectly purchase, acquire, or accept any interest in any property they manage, appraise, or sell through the receivership.
Document Type
Application To Retain Professionals
Requests for court approval of fees, compensation, or expense reimbursements must be made by motion with notice to appropriate parties and a proposed order.
(3) All fees, compensation, or expense reimbursements to the receiver, counsel, or professionals require prior approval from the court. Such requests must be by motion, with notice given to all appropriate parties. A proposed order approving the request must be submitted to the court.
Document Type
Motion For Approval Of Fees Compensation Or Expense Reimbursements
Receivership expenses not specifically authorized elsewhere require prior court approval when they exceed $2,500 per month or the threshold set by a specific receivership order, through a noticed motion with a proposed order.
(4) All expenses of the receivership, other than those specifically enumerated above, also require prior approval of the court if, in the aggregate, they exceed $2,500 per month, or such other threshold as set by order in the specific receivership. Such request must be by motion, with notice given to all appropriate parties. A proposed order approving the request must be submitted to the court.
Document Type
Motion For Approval Of Receivership Expenses
The title-insurance commitment must cover each parcel, state the successful-bid amount, identify the purchaser as proposed insured, and remain effective through 30 days after the sale deed is recorded.
The commitment must cover each parcel of real estate to be sold, must include the amount of the successful bid 40 ===== PAGE 44 ===== at the judicial sale, must show the purchaser at the judicial sale as the proposed insured, and must not expire until 30 days after the recordation of the deed by the officer who makes the sale to that purchaser.
Document Type
Title Insurance Commitment
Before submitting an order or judgment entry for residential real estate sale, the submitting parties must file a final judicial report updating title through the date of lis pendens.
Prior to submitting any order or judgment entry to the court that would order the sale of the residential real estate described in section (A), the party or parties submitting the order or judgment entry must file with the clerk a final judicial report that updates the state of the title to that real estate from the effective date of the preliminary judicial report through the date of lis pendens.
Document Type
Final Judicial Report
A party seeking judgment in lien-foreclosure or marshaling actions must file the note and mortgage with proof of the plaintiff’s holder or mortgagee status, including an assignment when the instrument does not reflect that status.
In actions for the marshalling and foreclosure upon liens, any party seeking judgment must file the following documentation: (1) A copy of the note and evidence that the plaintiff is the holder in due course of the note. If the note does not reflect that the plaintiff is the holder, an assignment of the note must be filed, proving that the plaintiff is the holder of the note. (2) A copy of the mortgage and evidence that the plaintiff is the mortgagee of the mortgage. If the mortgage does not reflect that the plaintiff is the mortgagee, an assignment of the mortgage must be filed, proving that the plaintiff is the mortgagee.
Document Type
Note And Mortgage Documentation
Except for Torrens-registered premises, the plaintiff’s attorney must obtain and file the Delaware County Engineer’s statement on transfer acceptability simultaneously with the complaint.
In actions for the marshaling and foreclosure of liens, any other judicial sale of real estate, or any action involving title to real estate, except in cases where the premises involved are registered under the Torrens Law, the attorney for the plaintiff must secure from the Delaware County Engineer, and file simultaneously with the complaint, a statement reflecting the acceptability, or lack thereof, of the description of the real estate, for transfer purposes.
Document Type
Real Estate Title Description Statement
If the real-estate description is unacceptable for transfer when the complaint is filed, a new acceptable description must be obtained during the case and before an order for sale issues.
In the event that the description of the real estate is not acceptable for transfer at the time of the filing of the complaint and as reflected upon the Delaware County Engineer’s Statement, a new description acceptable for transfer purposes must be secured during the pendency of the case and prior to the issuance of an Order For Sale.
Document Type
Acceptable Real Estate Description
After the officer returns the order of sale and before sale confirmation, the requesting party must file an invoice for specified title-insurance and related costs.
After the officer’s return of the order of sale and prior to the confirmation of the sale, the party requesting the order of sale must file with the clerk an invoice for the cost of the title insurance policy, commitment cost related expenses, and cancellation fees, if any.
Document Type
Title Insurance Invoice
A complaint must attach proof of assignment from the original creditor or original party-in-interest when applicable.
Upon filing and where applicable, complaints must have attached proof of assignment to the plaintiff from the original creditor or original party-in-interest to establish the plaintiff’s standing.
Document Type
Complaint
Failure to attach the required proof of assignment may result in dismissal of the complaint without prejudice.
The court may dismiss the complaint without prejudice if the proof of assignment is not attached to the complaint.
Document Type
Complaint
Within seven days after filing the return on sale, the plaintiff’s attorney must prepare and deliver the proposed sale-confirmation entry to the court and serve copies on all parties or attorneys of record by regular mail.
The plaintiff’s attorney must prepare and deliver a proposed entry confirming the sale to the court for signature, and must serve copies upon all parties or their attorneys of record by regular mail, within seven days after the filing of the return on sale.
Document Type
Proposed Confirmation Entry
When an incarcerated defendant is outside the Delaware County Jail, defense counsel must confirm the defendant’s location and submit a transport order at least seven days before a hearing requiring or requesting the defendant’s presence.
Where a defendant is incarcerated in a location other than the Delaware County Jail, defense counsel must confirm a defendant’s location and submit a conveyance or transport order to the court at least seven days prior to any hearing where the defendant’s presence in required or requested.
Document Type
Transport Order
A motion to voluntarily dismiss a criminal case must state sufficient grounds and include a proposed judgment entry.
When the prosecuting attorney desires to voluntarily dismiss any criminal case under Crim.R. 48(A), a motion must be filed setting forth sufficient grounds for the requested relief and a proposed judgment entry submitted.
Document Type
Motion
Before appointed counsel may be appointed, an indigent defendant must file a completed affidavit of indigence with the Public Defender's Office.
Before defense counsel is appointed, a defendant must file a completed affidavit of indigence with the Public Defender’s Office.
Document Type
Affidavit Of Indigence
The plea agreement must be stated on the record at the change-of-plea hearing, and noncompliance may result in the court refusing to proceed.
The plea agreement must be stated on the record at the change-of-plea hearing. Failure to comply with this Local Rule may result in the court’s refusal to proceed with any change-of-plea hearing.
Document Type
Plea Agreement
Every plea agreement must be written, signed, and dated by the assigned prosecutor, defense counsel, and defendant.
All plea agreements must be: (1) reduced to writing; and (2) signed and dated by the assistant prosecuting attorney assigned to the case, defense counsel, and the defendant.
Document Type
Plea Agreement
The process-server affidavit must identify the agent for whom the applicant will act.
10. I am going to be acting as an agent of _________________________________.
Document Type
Process Server Affidavit
The process-server affidavit must identify the affiant, residence, telephone number, and email address.
I, _______________________________, being first duly sworn and cautioned according to law, state that: 1. I reside at _______________________________________________________. My telephone number is ___________________________________________. My email address is _______________________________________________.
Document Type
Process Server Affidavit
The process-server affidavit must affirm that the applicant is not currently a respondent subject to a civil protection order.
8. I am not currently a respondent subject to any civil protection order.
Document Type
Process Server Affidavit
Filing & Service rules
Electronic Filing Rules
When an original document requires a non-attorney’s signature, the original must be scanned and electronically filed.
If an Original Document requires a signature of a non-attorney, the filing party or the clerk’s office must scan the original document and then electronically file it.
Page 7
Depositions and other transcripts must be filed with the clerk in paper format.
All depositions and other transcripts must be filed in paper format with the clerk in accordance with these Local Rules.
Page 8
An e-filer unable to submit electronically because of problems on the filer’s end must file a hard copy or fax the document to the clerk.
2. An e-filer who cannot file a document electronically due to problems on the e-filer’s end must file a hard copy or fax file the document with the clerk.
Page 9 | (i) Filing Acceptance or Rejection Cycle — Technical Failures
After a facsimile has been accepted and filed, the original hard copy may not be tendered or accepted for filing.
Following the acceptance of and filing of a document by means of facsimile transmission, the original “hard copy” must not be tendered to the clerk for purposes of filing, and the clerk must not accept for filing the original “hard copy.”
Page 12 | (B) Facsimile Filing
Court filings may be submitted electronically through CourtView, but users must register and create an e-filing account; filing instructions are available on the Clerk’s and Court’s websites.
The Clerk of Courts staff accept filings electronically via CourtView’s electronic filing module and fax in accordance with Local Rule 1.3. Users are required to register and create an account with the e-filing application. Instructions on how to file documents using each of these methods are placed on the Clerk’s and Court’s websites.
Page 71 | D. Filing
An e-filer must register with the EFM, provide a designated email address, and receive notice of the access decision by email.
A person or entity must first register with the EFM in order to e-file. Upon approval or denial of the request for access to the EFM, the person or entity will receive an email of approval or denial. An e-filer must provide a designated email address to the EFM.
Page 6 | RULE 1.3 ELECTRONIC TRANSMISSIONS — (A)(2)(c)
An electronically filed document may not be altered after receiving the clerk’s electronic file stamp.
(iv) After a document receives an electronic file stamp, the document cannot be altered.
Page 10 | (j) Electronic File Stamp
A person choosing electronic filing assumes responsibility for delays, disruptions, signal interruptions, readability problems, and the risk that the document will not be properly filed.
(v) Any attorney, party, or other person who elects to file any document electronically will be responsible for any delay, disruption, interruption of electronic signals, and readability of the document and accepts the full risk that the document may not be properly filed with the clerk as a result.
Page 10 | (i) Filing Acceptance or Rejection Cycle
After an initiating pleading, documents under 26 pages that require no security deposit may be filed by facsimile.
Pleadings or other documents that are filed after the original complaint or other initiating pleading and that are less than 26 pages and do not require a security deposit under Local Rule 1.4 may be tendered to the clerk for filing by facsimile transmission.
Page 12 | (B) Facsimile Filing
Electronic filing is preferred, but the clerk accepts emergency or urgent filings by facsimile.
Although electronic filing is the preferred and most efficient way to file, the clerk of courts maintains a private telephone line and facsimile machine to accept emergency or urgent faxed filings.
Page 12 | (B) Facsimile Filing
Electronic filing through the clerk is permitted for pleadings and other papers, subject to Rule 1.3.
In conformity with the Ohio Revised Code, Civ.R. 5(E), and Crim.R. 12(B), pleadings and other papers may be filed with the clerk of courts electronically, subject to the provisions in this rule.
Page 6 | RULE 1.3 ELECTRONIC TRANSMISSIONS — (A)(2)(a)
Complaints, including criminal complaints, may be filed electronically.
Complaints, including criminal complaints, may be filed electronically.
Page 8
An e-filer should identify the associated pleading, motion, or memorandum in the e-filing system’s comment field.
The e-filer should advise the clerk as to which pleading, motion, or memorandum the attachments or exhibits belong by so stating in the comment field of the e-filing system.
Page 11 | (l) Attachments and Exhibits
Filing Timing and Cure Windows
A rejected filing must be resubmitted within 24 hours of the rejection email—a firm deadline applying on weekends and holidays—to retain the original rejection date, and later corrective filings will be rejected unless a new filing attempt is made.
(iii)If for any reason the document submitted for e-filing is not accepted and filed by the clerk, the e-filer will be notified via email that the document was rejected and the reason for rejection. A rejected filing will be treated by the court as having been tendered to the clerk for filing on the date of the rejection if the e-filer resubmits the rejected document through the e-filing system within 24 hours after the rejection email was sent by the clerk. That 24-hour window is a firm deadline, and it applies even on weekends and holidays. Any corrective filing submitted after the 24-hour period expires will be rejected. If an e-filer wishes to file the rejected document electronically after the 24-hour correction period, that e-filer may initiate a new e-filing attempt, but the document will not be treated by the court as having been tendered to the clerk on the date of the initial rejection.
Page 9 | (i) Filing Acceptance or Rejection Cycle
An e-filer seeking to relate a corrective filing back to a rejected filing’s date and time because of technical failure must file a motion requesting relief.
4. If a document is not filed due to technical failures and the e-filer wishes to have the corrective filing relate back to the date and time of the rejected filing, the e-filer must file a motion with the court seeking relief.
Page 9 | (i) Filing Acceptance or Rejection Cycle — Technical Failures
The clerk electronically stamps an accepted document, and the document is considered filed on the date and time shown on that stamp.
(i) Upon acceptance by the clerk, a document will receive an electronic file stamp. (ii) This stamp will include the date and time when the clerk originally received the transmission. A document received electronically will be considered to have been filed on the date and time in the time stamp.
Page 10 | (j) Electronic File Stamp
Facsimiles may be transmitted at all times, but those received after 4:30 p.m. on a business day or on a weekend or holiday are filed the next business day; filing time is determined by the clerk’s timestamp.
Although facsimiles may be transmitted 24 hours per day, seven days per week, regardless of whether or not the clerk’s office is open, any facsimile received by the clerk after 4:30 p.m. on a regular business day or anytime on a weekend or holiday will be filed on the next regular business day. For purposes of any filing deadline imposed by these Local Rules, court order, statute, or otherwise, a document will be deemed filed on the date and time when the clerk time stamps the document.
Page 12 | (B) Facsimile Filing
Unless good cause is shown, subpoena requests must be filed with the clerk at least two days before the trial date.
Except for good cause shown, neither the clerk nor the sheriff is required to issue subpoenas, unless requests are filed with the clerk at least two days prior to the trial date.
Page 24 | RULE 1.21 SUBPOENAS
A party granted leave to amend must file the amended pleading with the clerk within seven days.
If leave is granted, the party is required to file the amended pleading with the clerk of courts within seven days.
Page 27 | RULE 2.3(B) Amendments
The clerk will not accept the listed discovery materials unless the court orders otherwise, they will be used as evidence, or they relate to a pending motion and accompany or are filed with it.
Pursuant to Civ.R. 5(D), the clerk will not accept for filing depositions upon oral examination, interrogatories, requests for production, and requests for admission unless: (1) the court otherwise orders, (2) they are to be used as evidence, or (3) they relate to a pending motion and are attached in support or filed contemporaneously with a pending motion.
Page 28 | RULE 2.5(A) Generally — FILING OF DISCOVERY MATERIALS
Absent a court-specified disclosure date, the parties must jointly disclose all witnesses by the later of the final pretrial conference or 14 days before trial.
In the event the judge does not specify a date for the disclosure of witnesses or expert witnesses, the parties must jointly disclose all their witnesses on or before the final pretrial conference, or 14 days before trial, whichever is later.
Page 28 | RULE 2.4(C) Cases without a Witness-Disclosure Deadline in the Case Schedule
A party seeking default judgment must apply in writing to the judge within 30 days after the defaulting party’s deadline to plead or defend.
The party entitled to a judgment by default may apply in writing to the judge within 30 days after the date upon which the defaulting party should have pleaded or otherwise defended.
Page 29 | II. CIVIL RULES OF PRACTICE AND PROCEDURE — RULE 2.9(A) DEFAULT JUDGMENTS
The case-schedule discovery cutoff is the last date to seek judicial involvement in discovery, absent extraordinary circumstances; agreed discovery may continue afterward only if it does not delay other scheduled events.
The discovery-cutoff date specified in the case schedule will be the last date for any party to seek the involvement of the judge in the discovery process by way of motion seeking a ruling, an order, sanctions, or other court action, absent extraordinary circumstances. Voluntary, mutually agreed-upon discovery, including perpetuation of trial testimony by video recording or otherwise, may continue after the discovery cutoff in a manner that does not delay any other event on the case schedule.
Page 29 | II. CIVIL RULES OF PRACTICE AND PROCEDURE — (C) Discovery Cutoff
Dispositive motions must be filed by the date specified in the case schedule or a court order.
All dispositive motions must be filed no later than the date specified in the case schedule or court order.
Page 29 | II. CIVIL RULES OF PRACTICE AND PROCEDURE — RULE 2.8 DISPOSITIVE MOTIONS
The administrative-appeal record must be filed within 28 days after the notice of appeal unless an extension is granted.
The record must be filed no later than 28 days after the filing of the notice of appeal, unless an extension is granted.
Page 30 | II. CIVIL RULES OF PRACTICE AND PROCEDURE — RULE 2.11(A) ADMINISTRATIVE APPEALS
The initial receivership plan and activity report must be submitted no later than two months after the receiver’s appointment.
The first plan (and report of activity to date) must be submitted no later than two months after appointment of the receiver.
Page 38 | F. Receivership Plan and Progress Reports
After the initial plan and report, the receiver must file updated plans and reports at least semi-annually.
After filing the first plan and report, the receiver must file updated plans and reports no less often than semi-annually.
Page 38 | F. Receivership Plan and Progress Reports
The court ordinarily will not approve receivership fees or proposed action until 14 days after service of the updated plan or report, although the court may alter that period for good cause.
(2) Ordinarily, no approval of fees or other proposed action in a receivership will occur unless 14 days have elapsed following service of an updated plan or report, in order to allow interested parties to comment or object. However, for good cause, the court may alter this notice period.
Page 38 | (K) Payment of Receiver and Professional Fees
In an action seeking judicial sale of residential property consisting of one to four single-family units, the requesting parties must file a preliminary judicial report within 14 days after filing the pleadings seeking that relief.
(1) Preliminary Judicial Report. Pursuant to R.C. 2329.191(B), in every action demanding the judicial sale of residential real estate consisting of one to four single-family units, the party or parties seeking such judicial sale must file, within 14 days after the filing of the pleadings requesting such relief, a preliminary judicial report, including:
Page 39 | RULE 2.16 FORECLOSURES (A) Title Insurance (1) Preliminary Judicial Report
The preliminary judicial report must be effective within the 30 days before filing the complaint or other pleading requesting judicial sale.
The preliminary judicial report will be effective within 30 days prior to the filing of the complaint or other pleading requesting judicial sale.
Page 43 | (A) Preliminary Judicial Report
In actions seeking judicial sale of more than four single-family residential units or commercial real estate, the requesting party must file a preliminary judicial report or an approved owner’s title-insurance commitment within 14 days after filing the pleadings requesting relief.
In every action demanding the judicial sale of residential real estate consisting of more than four single-family units or of commercial real estate, the party seeking that judicial sale must file with the clerk within 14 days after filing the pleadings requesting relief either a preliminary judicial report or a commitment for an owner’s fee policy of title insurance on the form approved by the department of insurance that is prepared and issued by a duly licensed title insurance agent on behalf of a licensed title insurance company.
Page 43 | (4) Sales of Commercial Property and Residential Property with Four or More Units
The title-insurance commitment must be effective within 14 days before the judicial-sale pleading and contain all information required for a preliminary judicial report.
The commitment must have an effective date within 14 days prior to the filing of the complaint or other pleading requesting a judicial sale and must contain all of the information listed in section (A) for a preliminary judicial report.
Page 43 | (4) Sales of Commercial Property and Residential Property with Four or More Units
The sheriff or private selling officer must file the return on sale with the clerk no later than the first Monday following the sale.
No later than the first Monday following the date of the sale, the sheriff or private selling officer must file the return with the clerk.
Page 46 | RULE 2.17
The required transport order must be submitted at least seven days before a hearing at which the defendant’s presence is required or requested.
Where a defendant is incarcerated in a location other than the Delaware County Jail, defense counsel must confirm a defendant’s location and submit a conveyance or transport order to the court at least seven days prior to any hearing where the defendant’s presence in required or requested.
Page 48 | III. CRIMINAL RULES OF PRACTICE AND PROCEDURE — RULE 3.4
Unless the court orders otherwise, a response to a criminal motion must be filed and served on opposing counsel by the fourteenth day following the motion's filing.
Once a motion has been filed, any response to the motion must be filed and served upon opposing counsel no later than the fourteenth day following the filing of the motion, unless the court orders otherwise.
Page 49 | RULE 3.8
Each original Court Certificate of Release must be filed when the Confirmation Entry is filed.
3. File each original Court Certificate of Release at the time of filing the Confirmation Entry.
Page 66 | Appendix C — Instructions
Electronic documents may be submitted at all times, but filers after normal business hours assume the risk of technical failure preventing e-filing.
The clerk receives electronic documents 24 hours per day, seven days per week, regardless of whether the clerk’s office is open. Parties filing after normal business hours (8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays) assume the risk of technical failures that prevent the e- filing of their document.
Page 8
Electronic filing deadlines and timing are governed by the court’s Eastern Time zone, not the filer’s time zone.
Time at the court (Eastern Time zone) governs, rather than the time zone from which the filing is made.
Page 8
An electronically filed document requiring a fee may be rejected if the filer does not use the court’s established filing-fee payment mechanism.
Any document filed electronically that requires a filing fee may be rejected by the clerk of courts unless the electronic filer has complied with the mechanism established by these Local Rules for the payment of filing fees.
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The clerk may designate the e-filing site as technically failed when it cannot continuously accept filings or has intermittent failures for more than one hour after 10:00 a.m., with known outages posted online when possible.
1. The clerk may deem the e-filing site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or only accepts filings intermittently over the course of any period of time greater than one hour after 10:00 a.m. that day. Known system outages will be posted on the clerk’s website, if possible.
Page 9 | (i) Filing Acceptance or Rejection Cycle — Technical Failures
An e-filer may seek appropriate relief when a technical failure of the court’s system or a problem on the filer’s end makes the filing untimely.
3. An e-filer whose filing is made untimely as a result of a Technical Failure of the clerk’s system or site, or as a result of problems on the e-filer’s end, may seek appropriate relief from the court.
Page 9 | (i) Filing Acceptance or Rejection Cycle — Technical Failures
An electronically transmitted document that the clerk does not successfully process receives no electronic file stamp, and the e-filer receives a rejection email.
(iii)A document electronically filed that is not successfully processed by the clerk will not receive an electronic file stamp, but the e-filer will receive a rejection email as provided in these Local Rules.
Page 10 | (j) Electronic File Stamp
The clerk must immediately notify the attorney if a transmitted facsimile cannot be filed.
The clerk will immediately notify the attorney if the transmitted document cannot be filed for any reason.
Page 12 | (B) Facsimile Filing
Failure to give settlement notice at least 24 hours before trial may result in sanctions, including jury costs.
Failure to do so may result in sanctions, including jury costs if notice of the settlement is not given at least 24 hours prior to the trial date.
Page 22 | RULE 1.15(A) — SETTLEMENT
The court ordinarily will not approve receivership fees or other proposed action until 14 days after service of the updated plan or report, unless the court alters the period for good cause.
Ordinarily, no approval of fees or other proposed action in a receivership will occur unless 14 days have elapsed following service of an updated plan or report, in order to allow interested parties to comment or object.
Page 38 | F. Receivership Plan and Progress Reports
The movant may file and serve a reply memorandum within seven days after service of the response.
A reply memorandum may be filed by the movant and served upon opposing counsel within seven days after service of the response.
Page 49 | RULE 3.8
Successful electronic filing results in a receipt confirmation showing the date and time acknowledged by the e-filer system.
All electronically-filed documents will receive a confirmation of receipt that includes the date and time acknowledgement displayed on the screen of the e-filer’s computer upon successful transmission of the e-filing.
Page 8
The clerk emails notice that an electronically submitted document was accepted and filed, together with the confirmation and case numbers.
(ii) Upon successful processing by the clerk of the document submitted for e- filing, an email will be sent to the e-filer stating that the document was accepted and filed. The email will also contain the confirmation number and case number assigned, if any.
Page 9 | (i) Filing Acceptance or Rejection Cycle
The clerk assigns a confirmation number to each filing, and the e-filer receives the confirmation number, filing date, and filing time after successful transmission.
(i) A confirmation number will be assigned by the clerk to each filing received by the clerk. The confirmation number and the date and time of the filing will be displayed on the screen of the e-filer’s computer upon successful transmission of the filing.
Page 9 | (i) Filing Acceptance or Rejection Cycle
Service and Proof of Service Rules
Documents filed electronically must be served in accordance with Federal Rules of Civil Procedure 5 and Criminal Procedure 49.
(i) Documents filed electronically with the clerk must be served in accordance with Civ.R. 5 and Crim.R. 49.
Page 10 | (k) Service of Documents
Court judgment entries and orders will generally be electronically served through the e-filing system to appearing attorneys who have supplied email addresses, unless statute or rule requires otherwise.
Except where required by statute or rule, judgment entries and orders from the court will be electronically served using the email address on file to any attorneys who have already entered an appearance in the case and provided their email addresses.
Page 11 | Electronic Filing
An electronic filing notice together with the required proof of service constitutes service under the applicable Civil and Criminal Rules.
The automatic electronic notice, in conjunction with the required proof of service, will constitute service under Civ.R. 5 and Crim.R. 49.
Page 11 | Electronic Filing
An e-filer must serve paper copies on parties or counsel who do not receive the court’s electronic filing notification.
As a result, any e-filer must serve a paper copy of the e- filed document on all parties to the case or their counsel to whom the clerk’s e-filing system does not send the Notification of Electronic Filing.
Page 11 | Electronic Filing
The filing party must provide proof of service for every document requiring service.
Proof of service of all documents required to be served must be provided by the filing party in compliance with Civ.R. 5(B)(4) and Crim.R. 49.
Page 11 | (v) Proof of Service
Electronic service is complete when the clerk’s e-filing system generates the Notification of Electronic Filing.
For parties or their counsel who receive the Notification of Electronic Filing, service is complete at the time the Notification of Electronic Filing is generated by the clerk’s e-filing system.
Page 11 | (vi) Service Date and Time to Respond
The motion to withdraw must be served on the client, and notice must be provided to all counsel or, for unrepresented parties, to the parties.
(1) Notice has been given to the client advising the client of all orders and all upcoming assignment dates affecting the client; (2) The motion to withdraw is served on the client; and (3) Notice has been given to all counsel, or if unrepresented, notice has been given to the parties.
Page 18 | RULE 1.11(A)(1)-(3)
The Amended Case Schedule must be served promptly on all other parties.
If the case schedule is modified on motion of a party, that party must prepare and present to the judge for signature an “Amended Case Schedule,” which must be promptly filed and served on all other parties.
Page 27 | RULE 2.2 (D) Amended Case Schedule
The party submitting an entered receivership order must serve it on the receiver or receiver’s counsel and specified parties, then file proof of service.
The party who submitted a proposed order entered by the court is responsible for serving it upon the receiver or receiver’s counsel and upon all parties who have appeared, or for whom service of process remains underway. Proof of service must be filed by the party making service.
Page 35 | RULE 2.15(C) Hearings and Requests for Procedural Orders
Each receiver’s plan and report must be filed with the clerk and served on all parties who have appeared or for whom service remains pending.
Copies of each receiver’s plan and report must be filed with the clerk, with service upon all parties who have made an appearance or for whom service remains pending.
Page 38 | F. Receivership Plan and Progress Reports
If necessary parties were not made defendants, the attorney must promptly add them and serve a copy of the complaint under the Ohio Rules of Civil Procedure.
Where the evidence of title indicates that a necessary party or parties have not been made defendants, the attorney for the party submitting the judgment decree should proceed without delay to cause those new parties to be added and must serve a copy of the complaint in accordance with the Ohio Rules of Civil Procedure.
Page 43 | (2) Final Judicial Report
The proposed sale-confirmation entry must be served by regular mail on all parties or attorneys of record within seven days after filing the return on sale.
The plaintiff’s attorney must prepare and deliver a proposed entry confirming the sale to the court for signature, and must serve copies upon all parties or their attorneys of record by regular mail, within seven days after the filing of the return on sale.
Page 46 | RULE 2.17
The clerk must send notice of bail forfeiture to the defendant and surety using a court-approved form.
Notice of bail forfeiture will be sent by the clerk to the defendant and to the surety in a form as may be approved by the court.
Page 48 | III. CRIMINAL RULES OF PRACTICE AND PROCEDURE — RULE 3.5 — BAIL FORFEITURE
When process is requested by summons, the sheriff must serve the defendant with the judgment entry scheduling arraignment and the notice of the right to appointed counsel when the indictment and summons are served.
(A) In all cases in which the prosecuting attorney has requested service of process to be accomplished by means of a summons, the sheriff will serve a copy of the judgment entry scheduling the arraignment and the notice of the right to appointed counsel upon the defendant at the time of the service of the indictment and summons.
Page 48 | III. CRIMINAL RULES OF PRACTICE AND PROCEDURE — RULE 3.3 — (A)
The jury-service notice must be delivered by ordinary mail, explain when and how to respond, and state the consequences of failing to respond.
The notice will be delivered by ordinary mail and will clearly explain how and when the recipient must respond. The notice will also explain the consequences of failure to respond.
Page 57 | JURY-RELATED RULES
When a pleading is left with a suitable-age person other than the intended recipient, the return must be marked as residential service.
If a pleading is left with a person of a suitable age other than the person to be served, then return is marked as “residential service,”
Page 63 | APPENDIX A — APPOINTMENT OF STANDING SPECIAL PROCESS SERVER
When the pleading is left with the intended recipient, the return must be marked as personal service.
if the pleading is left with the individual to be served, then the return is marked as “personal service.”
Page 63 | APPENDIX A — APPOINTMENT OF STANDING SPECIAL PROCESS SERVER
Registration as an e-filer constitutes consent to receive electronic service of other registered e-filers' pleadings and court orders.
Registration as an e-filer constitutes consent to accept electronic service of any pleadings filed by other registered e-filers as well as any orders issued by the court.
Page 6 | RULE 1.3 ELECTRONIC TRANSMISSIONS — (A)(1)(b)
When a submission is deemed filed, the system sends electronic-filing notices to the filer, registered users, and parties who supplied an email address, but not to unregistered parties or counsel who have not provided an email address.
(iv) Automated Service. When a submission is deemed filed, the clerk’s e-filing system will generate a Notification of Electronic Filing to the e-filer and any other party to the case or their counsel who is a registered user of the clerk’s e-filing system. Parties who have listed an email address on prior court filings will also receive the Notification of Electronic Filing. Parties to the case or their counsel who are not registered with the clerk’s e-filing system or who have not provided an email address on court filings will not receive a Notice
Page 10 | (k) Service of Documents
After appearing, a party must provide an email address, and subsequent service should be electronic when possible.
(ii) Once a party has entered an appearance in the case, the party must furnish his or her email address, and service thereafter should be made electronically when possible.
Page 10 | (k) Service of Documents
Mail-served parties receive the additional response time under the specified rules, while recipients of electronic filing notices do not receive that additional time.
Parties who do not receive the Notification of Electronic Filing and who are served by regular U.S. mail will have additional time to respond as provided by Civ.R. 6(D) or Crim.R. 45(E). Parties who receive the Notification of Electronic Filing are not entitled to the additional time to respond provided by Civ.R. 6(D) or Crim.R. 45(E).
Page 11 | (vi) Service Date and Time to Respond
A party joining additional parties must serve each additional party with the existing case schedule, if one exists.
(B) Service of Case Schedule on Additional Parties upon Joinder A party who joins an additional party or parties will be responsible for serving the additional party or parties with the existing case schedule, if any.
Page 26 | II. CIVIL RULES OF PRACTICE AND PROCEDURE — RULE 2.2 CASE SCHEDULE
If a presentence-investigation report is prepared, it must be sent to the judge and made available to defense counsel, an unrepresented defendant, and the prosecuting attorney.
If a presentence-investigation report is prepared, it will be sent to the judge and made available for review by defense counsel (or by the defendant if he is unrepresented) and the prosecuting attorney.
Page 53 | RULE 3.14 DISCLOSURE OF PRE-SENTENCE REPORTS
At least six days before random juror selection, written notice must be served on the clerk of courts and the administrative judge unless a signed waiver is executed and filed with the clerk.
(D) At least six days prior to the random selection of prospective jurors for each part of the Annual Term of court, Written Notice of the Drawing of Jurors will be served on the clerk of courts of the Delaware County Court of Common Pleas and the administrative judge of the General Division of the Delaware County Court of Common Pleas, unless a signed waiver is executed and filed with the clerk of courts.
Page 56 | RULE 4.5 TERM AND AVAILABILITY FOR JURY SERVICE
Jury commissioners must publish a Notice of Drawing of Jurors in a newspaper of general circulation at least six days before the random selection of prospective jurors.
(C) At least six days prior to the random selection of prospective jurors for each part of the Annual Term of court, jury commissioners will publish a Notice of Drawing of Jurors in a newspaper of general circulation in Delaware County.
Page 56 | RULE 4.5 TERM AND AVAILABILITY FOR JURY SERVICE
Immediately after random juror selection, the Jury Office must mail each selected General Division juror a summons and the listed accompanying materials, including a stamped return envelope.
(A) Immediately following the random selection of prospective jurors for each part of the Annual Term of Court, the Jury Office will mail a Summons to Serve as a Juror with a return service including Juror Questionnaires, Request for Excuse Form, Juror Information Sheets, Report Dates, Maps, Parking Pass, and a stamped self-addressed return envelope to each prospective juror selected for service in the General Division of the Court of Common Pleas of Delaware County.
Page 56 | RULE 4.6 NOTIFICATION AND SUMMONING PROCEDURES
Filing Fees and Waivers
Normal filing fees and case deposits must be paid through an accepted financial transaction device when the filing is processed, and a device-use surcharge may also apply.
The clerk will assess normal filing fees. All filing fees and case deposits will be collected via an Accepted Financial Transaction Device at the time the filing is processed. Under R.C. 301.28(E) and (F), a surcharge for using a financial transaction device use may be assessed in an amount to be determined by the clerk.
Page 8
If the court declines to waive the cash deposit, the initiating party may pay the required security deposit, and failure to pay after 30 days’ notice may result in dismissal.
If the trial court should determine that a cash deposit should not be waived, the party initiating the action or proceeding will be permitted an opportunity to pay the required security deposit. If the deposit is not paid as ordered, then the proceeding may be dismissed by the trial court after 30 days’ notice of the impending dismissal.
Page 13 | RULE 1.4 DEPOSIT AND PAYMENT OF COSTS (C)
An initiating party unable to pay the cost deposit must file an indigence affidavit signed before a deputy clerk, using the approved form or one containing substantially the same financial information, but the affidavit does not determine whether costs will ultimately be assessed.
If the party initiating the action or proceeding is unable to pay the cost deposit, as set forth in Local Rule 1.4(A), the party must file an affidavit, signed before a deputy clerk of court, reflecting the inability to post the required cost deposit. An affidavit of indigence filed in lieu of cash deposit must be filed on the approved form or a form that contains substantially the same financial information. The filing of an affidavit of indigence is not determinative of whether a party will be assessed costs at the conclusion of the case.
Page 13 | RULE 1.4 DEPOSIT AND PAYMENT OF COSTS (C)
A new or reactivated civil action or proceeding will not be accepted for filing until the applicable cost deposit is paid, as determined by the clerk’s office cost schedule unless otherwise provided by law.
No new or reactivated civil action or proceeding will be accepted by the clerk for filing unless the appropriate deposit has been paid. Upon termination of the case, if costs remain unpaid, appropriate orders will be imposed to collect the costs. Except as otherwise provided by law, the cost schedule prominently displayed in the clerk’s office will dictate the required cost deposit in each case.
Page 13 | RULE 1.4 DEPOSIT AND PAYMENT OF COSTS (A)
A court-set special-projects fee, which may vary by case type, is charged as a court cost when a new criminal case, civil action or proceeding, or judgment by confession is filed.
A special-projects fee will be charged as a court cost in the case whenever a new criminal case, civil action or proceeding, or judgment by confession is filed. The amount of that fee will be set by order of the court and may differ depending on the case type.
Page 14 | RULE 1.6 SPECIAL PROJECTS FEES
Requests for copies of pleadings or other case-file documents must be accompanied by the applicable copying fee.
Any request for copies of pleadings or other documents from a case file must be accompanied by the appropriate copying fee.
Page 5 | GENERAL PROVISIONS
Personal checks are not accepted as payment.
No personal checks will be accepted.
Page 8
Facsimile filing may incur transmission and per-page fees determined by the clerk, and payment must be arranged in advance.
The clerk of courts is expressly authorized to charge a fee for this service—both for the transmission itself and a per-page charge—in an amount determined by the clerk. Payment of fees must be arranged in advance for any facsimile transmission.
Page 12 | (B) Facsimile Filing
The clerk of courts must apply the deposited funds to case costs even when the costs are assessed against a different party.
The clerk of courts will apply the deposit to the costs in the case, regardless of the party against whom the costs are assessed.
Page 13 | RULE 1.4 DEPOSIT AND PAYMENT OF COSTS (B)
If costs remain unpaid when the case ends, the court will issue appropriate orders to collect them.
Upon termination of the case, if costs remain unpaid, appropriate orders will be imposed to collect the costs.
Page 13 | RULE 1.4 DEPOSIT AND PAYMENT OF COSTS (A)
When insufficient deposited funds prevent an outside filing or recording, the clerk will file the document only in the clerk’s office and mail the requesting party a certified copy with a cover letter explaining that the party must pay the outside filing or recording cost.
If any judgment entry requires the clerk of courts to file or record any judgment entry or document in any office or department other than the clerk of courts, and if a cost or fee is required and money or funds sufficient to pay that cost or fee are not on deposit, the clerk of courts will file the entry in the clerk’s office but will not file or record it elsewhere. Instead, the clerk of courts will mail a certified copy of the judgment entry or document to the party on whose behalf the judgment entry or document was to be filed or recorded. The judgment entry or document will be accompanied by a cover letter stating that the clerk of courts was unable to file or record the judgment entry or document because funds on deposit with the clerk of courts were insufficient to cover the cost to file or record the judgment entry or document. The letter will also note that due to the lack of a sufficient deposit, the judgment entry or document is being provided to the party so that the party may, on his or her own, pay the cost or fee to file or record the judgment entry or document.
Page 13 | RULE 1.4 DEPOSIT AND PAYMENT OF COSTS (D)
All costs must be paid when a case is placed on the court’s inactive list.
At that time, all costs must be paid.
Page 45
A party seeking to reactivate an inactive case must pay a new deposit.
Any party seeking to reactivate an inactive case must pay a new deposit.
Page 45
The court does not maintain electronic billing or debit accounts for lawyers or law firms.
The court will not maintain electronic billing or debit accounts for lawyers or law firms.
Page 8
No special-projects fee is charged for certificates of judgment, qualification-for-employment petitions, civil-protection-order petitions, or sealing and expungement applications.
No special-projects fee will be charged for certificates of judgment, petitions for certificates of qualification for employment, petitions for civil protection orders, and applications for sealing or expungement.
Page 14 | RULE 1.6 SPECIAL PROJECTS FEES
Courtesy Copy Requirements
The filing attorney or party must submit one courtesy copy of every filed motion and supporting, opposing, or reply memorandum—including electronic filings—to the assigned judge in person, by mail, by facsimile, or by the applicable chambers email address.
A courtesy copy of all filed motions and memoranda (in support of, contra, and reply), including those filed electronically, must be submitted by the attorney or party filing the motion to the assigned judge in person, by mail, by facsimile, or by e-mail [either HemmeterCourt@co.delaware.oh.us or SchuckCourt@co.delaware.oh.us].
Page 16 | (J) Courtesy Copies
The attorney or filing party must submit a courtesy copy of every motion and other written filing to the judge in accordance with Local Rule 1.7.
A courtesy copy of all motions and other written filings must be submitted to the judge by the attorney or party making the filing as provided in Local Rule 1.7.
Page 49 | RULE 3.8
Counsel must exchange all exhibits and provide a courtesy copy to the judge’s chambers before trial at the time designated in the scheduling order.
(1) All exhibits must be exchanged by counsel and a courtesy copy provided to the judge’s chambers.
Page 31 | RULE 2.13 TRIAL PROCEDURE
A duplicate copy of the receivership plan and report should be submitted to chambers with a proposed entry approving it.
A duplicate copy should be submitted to chambers, together with a proposed entry approving the plan and report.
Page 38 | F. Receivership Plan and Progress Reports
Sealing & Redaction Procedures
Filing parties must omit or partially redact listed personal, financial, proprietary, and trade-secret identifiers from pleadings, documents, and exhibits unless the assigned judge orders otherwise.
Filing parties must omit – or, where inclusion is necessary, partially redact – the following personal data identifiers from all pleadings, documents, and exhibits, whether filed electronically or on paper, unless the assigned judge orders otherwise: • Social security numbers with the exception of the last four digits; • State or federal tax identification numbers; • Driver’s license numbers or state identification numbers; • Minors’ names in abuse, neglect, or dependency cases; • Employer and employee identification numbers; • Individual financial information; and • Proprietary or trade-secret information.
Page 5 | (C) Privacy
A party with leave of court may seal an unredacted document by filing a motion, and the judge may require a redacted public copy.
With leave of court, a party may file under seal a document containing the unredacted personal data identifiers listed above. (a) The party seeking to file an unredacted document must file a motion to file the document under seal. (b) In granting the motion or application to seal, the assigned judge may require the party to file a redacted copy for the public record.
Page 5 | (C) Privacy
A deposition bearing a protective or sealing order may not be unsealed without a further court order.
If a protective order or sealing order is placed on the cover of the deposition, the deposition will not be unsealed, absent further court order.
Page 28 | RULE 2.5(B)(3) Depositions
A filing containing trade secrets, attorney-client privileged material, or work product may be publicly filed and served in redacted form, but the complete unredacted document should be submitted to the court for in-camera review and may later be reconsidered upon application.
(M) Trade Secret or Privileged Information If a receiver’s report, motion, fee application, or other filing refers to trade secrets (such as a plan for operating an ongoing business, proposed sale prices, customer information, personnel matters, or other non-public information) or would necessarily reference attorney-client or work- product communications, then redacted documents may be filed in the public record and served upon all parties that have appeared. When that occurs, a complete un-redacted document should be submitted to the court for in-camera review. Upon application by the receiver or any party, the court will re-examine the document and determine whether previously redacted information should be disclosed in the public case file or for attorney viewing only.
Page 39 | (M) Trade Secret or Privileged Information
Records whose release is legally protected, exempt, excluded from the definition of a court or public record, or otherwise not qualifying for public inspection must not be publicly inspected.
Records, whose release is prohibited or exempted by either state or federal law, or not considered a Court Record as defined in Sup.R. 44(B) or a public record as defined by R.C. § 149.43(A)(1) (also see “record” defined in R.C. § 149.011(G)), shall NOT be subject to public inspection. Refer to Section X.
Page 91 | D. Copied Records / E. Public Inspection
When a record contains both public and exempt portions, the exempt portions must be redacted, the public portions released, each redaction plainly visible, and the redactions supported by an explanation including legal authority.
If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest released. If there are redactions, each redaction must be made plainly visible and accompanied by a supporting explanation, including legal authority. (R.C. § 149.43(B)(1) and (3)).
Page 92 | J. Response/Denial — C. Denial of the Public Records Request
If all statutory requirements are met, the defendant's Mental Health Docket record is sealed upon successful termination through a judgment entry.
The case will be disposed of through a judgment entry successfully terminating the Defendant from the Mental Health Docket and sealing his/her record if all the statutory requirements have been met.
Page 124 | Chapter 6 - Program Completion
On motion and for good cause, the judge may seal the judgment entry authorizing appointed-counsel services and have the clerk maintain it with the criminal case's original papers.
Upon motion and for good cause, the judge may order that the judgment entry authorizing the services be sealed and maintained by the clerk, along with all other original papers in the criminal case.
Page 52 | Reimbursement of Expenses
Filing Bundling Requirements
Attachments or exhibits may be filed in separately labeled parts when the single file is too large to upload.
If the file size is too large to upload, the attachments or exhibits can be filed in multiple parts and labeled as Part 1, 2, 3, etc.
Page 11 | (l) Attachments and Exhibits
Attachments and exhibits to pleadings or motions should be bundled into a single PDF.
Attachments and exhibits to pleadings or motions should be included in one PDF file.
Page 11 | (l) Attachments and Exhibits
Pre-Motion Conference Requirements
Counsel must make every effort to resolve discovery disputes and confer by phone or in person before filing any discovery motion.
Counsel must make every effort to resolve discovery disputes prior to filing motions with the court. Counsel must confer with each other by phone or in person in an attempt to resolve the discovery dispute before filing any discovery motion.
Page 28 | RULE 2.6(A) Discovery Disputes
Discovery motions must include a statement describing discovery-dispute resolution efforts and, if a hearing is requested, a hearing request in the caption; parties must also follow the judge’s scheduling-order requirements before filing.
Motions for protective orders or to compel discovery must be accompanied by a statement reciting the efforts made to resolve the matter and must contain a request for a hearing in the caption, if a hearing is desired. The parties must comply with any specific requirements in the judge’s scheduling order regarding resolving discovery disputes prior to filing any discovery motion.
Page 29 | II. CIVIL RULES OF PRACTICE AND PROCEDURE — (B) Discovery Motions
A party may request an pretrial hearing to address a motion already pending in a criminal case.
A party may request a hearing in advance of trial to address a pending motion.
Page 49 | RULE 3.8
Adjournment & Extension Requirements
The court may modify Civil Rule 6(C) deadlines upon a written application showing good cause, but the extension request must be filed before the proposed filing deadline.
The dates and time periods set forth in Civ.R. 6(C) may be modified by the court upon written application and for good cause shown. A request for an extension must be filed prior to the date the proposed filing is due.
Page 15 | (G) Extensions
The court may strike a late filing if leave to file outside the Civil Rule 6(C) period is neither sought nor granted.
A late filing may be stricken by the court if leave of court is not sought and granted to file the document outside of the time periods set forth in Civ.R. 6(C).
Page 15 | (G) Extensions
A continuance motion based on a conflicting trial assignment must attach the conflicting assignment and be filed at least 30 days before trial; counsel must promptly notify the court and opposing counsel of a potential conflict.
The court will not consider any motion for continuance due to conflict of a trial assignment date unless a copy of the conflicting assignment is attached to the motion and the motion is filed not fewer than 30 days prior to trial. When an attorney becomes aware of any assignment that might create a conflict, the attorney must advise the court and opposing counsel as soon as practicable.
Page 22 | RULE 1.14(B) — CONFLICTS
A continuance motion must be written, include specified information, and be accompanied by a proposed entry containing alternative granting and denying language and a new trial date.
If a party seeks a continuance of a trial or hearing, the party must file a written motion and submit a proposed entry. All motions to continue must include the number of previous continuances and, in criminal cases, who sought the continuances, whether opposing counsel consents, whether time is waived, the try-by date, and dates counsel and witnesses are available for trial. The proposed entry must contain language for both granting and denying the motion, a box to check if the motion is granted or denied, and a place for the new trial date.
Page 22 | RULE 1.14(A) — CONTINUANCES–GENERALLY
A party seeking more time than the agreed extension or unable to obtain agreement must file a written good-cause motion.
When a party needs additional time beyond that provided in sub-section (A)(1) above, or where the parties cannot agree upon an extension of time, the party must file a written motion demonstrating good cause.
Page 27 | RULE 2.3(A)(2) Extensions
A party affected by failure of electronic notice may request an order extending the response deadline.
If the clerk’s e- filing system fails to generate the Notice of Electronic Filing, the party to be served may request an order extending the date for any response.
Page 11 | (vi) Service Date and Time to Respond
With opposing counsel’s agreement, a party may receive up to two extensions to plead, totaling no more than 28 days.
By agreement of opposing counsel, any party may be permitted up to two leaves to plead in response to a complaint, counterclaim, cross-claim, or third-party complaint, provided that the total extension of time does not exceed 28 days.
Page 27 | RULE 2.3(A)(1) Extensions
The judge may modify any case-schedule date for good cause and on just terms, either on a party’s motion or sua sponte.
The judge, either on motion of a party or sua sponte, may modify any date in the case schedule for good cause and on just terms.
Page 27 | RULE 2.2 (C) Sanctions; (D) Amended Case Schedule
The judge may extend case-schedule or default administrative-appeal deadlines upon a party’s written motion or sua sponte when good cause is shown.
The judge may extend any deadlines in the case schedule or the default case schedule in subsection (A) above upon written motion of a party or sua sponte for good cause shown, such as the complexity of the case or the length of the record.
Page 30 | II. CIVIL RULES OF PRACTICE AND PROCEDURE — RULE 2.11(B) ADMINISTRATIVE APPEALS
A continuance of a scheduled mediation is granted only by the assigned judge or magistrate and only for good cause.
(J) Continuances It is the policy of this court to determine matters in a timely way. Continuances of a scheduled mediation will be granted only by the judge or magistrate for good cause.
Page 34 | (J) Continuances
A grand-jury case may be continued on motion of the prosecuting attorney when critical evidence is unavailable, but the continuance must be noted in the grand-jury report and approved by the responsible judge.
If a witness’s testimony or other critical evidence is not available, the case may be continued by the court on motion of the prosecuting attorney for a definite period of time and the continuance noted in the report of the grand jury. Continuances must be presented to and approved by the judge who is responsible for the grand jury for that term of court.
Page 48 | III. CRIMINAL RULES OF PRACTICE AND PROCEDURE — RULE 3.2 — (C) Dismissal of Complaint
Chambers Communication Rules
Plaintiff’s counsel must immediately notify the judge by telephone or email or file written notice of a settlement with the court.
As soon as the parties have reached a settlement agreement prior to the trial date, Plaintiff’s counsel must immediately notify the judge by telephone or email to the judge’s chambers or file written notice of the settlement with the court.
Page 22 | RULE 1.15(A) — SETTLEMENT