Delaware County Court of Common Pleas, General Division Document Filing Requirements

Applies to

Amended case schedule

Must include

proposed order

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.

Applies to

Acceptable real estate description

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.

Applies to

Motion

Must include

proposed 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.

Applies to

Motion for admission pro hac vice

Must include

local rule certificate

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.

Applies to

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.

Applies to

Electronically filed document

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.

Applies to

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

Applies to

Criminal complaint

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.

Applies to

Notice of sponsorship

Must include

local rule certificate

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;

Applies to

Instructions for service

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.

Applies to

E filed document

Must include

certificate of 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.”

Applies to

Memorandum

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.

Applies to

Final judgment entry

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.

Applies to

Pleading adding new party

Must include

caption

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.

Applies to

Pleading motion or memorandum

Must include

caption, judge name, case number

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.

Applies to

Pleading motion or memorandum

Must include

caption, judge name

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.

Applies to

Complaint

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.

Applies to

Memorandum in support

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.

Applies to

Memorandum

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.

Applies to

Motion

Must include

proposed order

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.

Applies to

Motion

Must include

proposed order

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.

Applies to

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.

Applies to

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.

Applies to

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).

Applies to

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).

Applies to

Notice of substitution of counsel

A notice of substitution of counsel must be filed.

notice of substitution of counsel must be filed.

Applies to

Motion to withdraw

Must include

local rule certificate

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:

Applies to

Refiled complaint

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.

Applies to

Refiled case

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.

Applies to

Indictment

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.

Applies to

Notice of partial dismissal

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.

Applies to

Extension motion

Must include

proposed order

A written extension motion must include a proposed entry.

The moving party must submit a proposed entry with its motion.

Applies to

Motion for leave to amend

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.

Applies to

Receivership procedural matter

Must include

proposed order

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.

Applies to

Application to retain 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.

Applies to

Application to employ professionals

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.

Applies to

Motion for approval of fees compensation or expense reimbursements

Must include

proposed order

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.

Applies to

Motion for approval of receivership expenses

Must include

proposed order

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.

Applies to

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.

Applies to

Fee application

Must include

proposed order

A proposed order approving any fees must be submitted to the court.

A proposed order approving any fees must be submitted to the court.

Applies to

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.

Applies to

Receiver final report

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.

Applies to

Preliminary judicial 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;

Applies to

Final judicial report

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.

Applies to

Title insurance invoice

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.

Applies to

Title insurance commitment

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.

Applies to

Real estate title description statement

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.

Applies to

Note and mortgage documentation

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.

Applies to

Complaint

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.

Applies to

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.

Applies to

Proposed confirmation entry

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.

Applies to

Transport order

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.

Applies to

Affidavit of indigence

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.

Applies to

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.

Applies to

Plea agreement

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.

Applies to

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 _______________________________________________.

Applies to

Process server affidavit

The process-server affidavit must affirm that the applicant is at least 18 years old.

2. I am eighteen (18) years of age or older.

Applies to

Process server affidavit

The process-server affidavit must affirm United States citizenship or legal residency.

3. I am a United States citizen or legal resident of the United States.

Applies to

Process server affidavit

The process-server affidavit must affirm possession of an accepted form of government-issued identification.

4. I hold a valid government-issued identification card, passport, or driver’s license.

Applies to

Process server affidavit

The process-server affidavit must affirm that the applicant will not serve process where the applicant is a party, counsel, or has a familial relationship to a party.

5. I will not attempt to serve process in any case in which I am a party, counsel for a party, or have a familial relationship to any party.

Applies to

Process server affidavit

The process-server affidavit must affirm that the applicant will not serve process in a case in which the applicant has a financial interest.

6. I will not attempt to serve process in any case in which I have a financial interest in the outcome of the action.

Applies to

Process server affidavit

The process-server affidavit must address qualifying convictions within the preceding 10 years and current community-control sanctions, probation, post-release control, or parole.

7. I have not been convicted, within the last 10 years, of any felony, offense of violence, or offense involving dishonesty or false statement, and am not currently under community-control sanctions, probation, post-release control, or parole.

Applies to

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.

Applies to

Process server affidavit

The process-server affidavit must affirm familiarity with and compliance with applicable procedural rules and professional conduct.

9. I am familiar with and will follow all applicable Local Rules and Ohio Rules of Civil Procedure. I will conduct myself in a professional manner.

Applies to

Process server affidavit

The process-server affidavit requires compliance with court-ordered service instructions and specifies when the return must be marked as residential or personal service.

I will also obey any specific instructions for service of process as ordered by the Court in individual cases, including: 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,” and if the pleading is left with the individual to be served, then the return is marked as “personal service.”

Applies to

Process server affidavit

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 _________________________________.

Applies to

Process server affidavit

The process-server affidavit must be sworn before and subscribed in the presence of a notary public.

Sworn to before me and subscribed in my presence this ____________ day of ________________________, 20___.

Applies to

Electronic document

Must include

caption, judge name, case number

For each electronic filing, the e-filer must complete an online Document Description Form providing the case title and, when previously assigned, the case number and assigned judge.

For each electronic document filed, the e-filer must complete an online Document Description Form containing the following information: • The title of the case; • The case number, if previously assigned; • The assigned judge, if previously assigned

Applies to

Electronically filed document

Documents transmitted electronically without proper signing authority will be stricken.

Pursuant to Civ.R. 5(E)(1) and Crim.R. 12(B)(2), any documents transmitted without authority will be stricken.

Applies to

Motion

Unless the court orders otherwise, counsel may not attach cited cases or statutes that are readily available through electronic research sources.

Unless otherwise ordered, counsel must not attach copies of any cases or statutes cited if that authority is readily accessible through electronic research sources.

Applies to

Proposed order

The proposed entry’s heading should omit the word “Proposed.”

That entry should not be labeled as “Proposed” in the heading.

Applies to

Motion

A motion will not be set for hearing unless the court determines a hearing is necessary.

Motions will not be set for hearing unless the court determines that a hearing is necessary.

Applies to

Process server application

An applicant for designation as a special process server must submit an affidavit and an order for the administrative judge’s signature.

An individual or an agent of a legal organization may apply to be designated as a standing special process server or process server in an individual case. The applicant must submit an affidavit and an order for signature by the administrative judge.

Applies to

Subpoena

Each subpoena issued under Civil Rule 45(C) must have the text of Civil Rule 45(C) and (D) attached by the issuer.

The issuers of the subpoena under Civ.R. 45(C) are responsible for attaching to each subpoena the text of Civ.R. 45(C) and (D).

Applies to

Consent to plead

The parties’ agreement should be documented by a consent to plead signed by everyone, but the consent should not be submitted for the court’s signature.

The agreement of counsel should be evidenced by a “consent to plead” that has been signed by all parties to the action. This consent to plead should not be submitted to the court for signature.

Applies to

Foreclosure

The stated rule does not apply to foreclosures brought by the State of Ohio, Delaware County, or a municipal corporation.

This rule does not apply to any foreclosure brought by the State of Ohio, Delaware County, or any municipal corporation.

Applies to

Jury service notice

The jury-service notice must explain the response process and the consequences of nonresponse.

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.

Applies to

Court certificate of release

All release information must match the information in the Confirmation Entry.

ALL RELEASE INFORMATION MUST MATCH THE CONFIRMATION ENTRY

Applies to

Notice of appearance

A separate notice of appearance is not required.

No separate notice of appearance is required.