Fulton County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy
Receivership Plan, Receivership Report
- 1 copy
Adjournments
- Continuance applications for scheduled events must be written and directed to the assigned Judge or Magistrate.
- A continued event must be assigned a fixed date at the same time.
- Continuance applications must state the reason, current assignment, client-notification status, opposing-party notification and consent status, and a proposed date within 60 days approved by the Court and opposing counsel if granted.
- +9 more
Request must include
- Continuance applications must be submitted at least 14 days before the scheduled event, unless there is an emergency or the Court deems cause sufficient.
Communication
Phone
Document Format Requirements13 rules
All papers shall have a blank space of at least two and one-half (2½) inches at the top of the first page for file marks by the Clerk.
In addition to the requirements of Civ. R. 10, all papers filed with the Clerk as pleadings, motions, applications, judgments and orders shall be on 8½ by 11 inch white paper, typewritten, or printed in a neat and legible manner, securely fastened together and page numbered if consisting of more than a single sheet.
- Paper size
- Letter
- Pleading
- Motion
- Application
- Judgment
- Order
Formatting
- •White paper
- •Securely fastened together
All subsequent pages shall have a top margin of not less than one (1) inch.
- Margins
- Top 1 inch
All documents and exhibits must be marked for identification purposes
Exhibit stickers shall also be marked with the case number and the date (if a trial is to be conducted over a period of consecutive days it may be dated with the first date of trial).
Plaintiffs exhibits are to be marked with Arabic numerals; Defendant’s exhibits to be marked with letters; and stipulated joint exhibits to be marked with Roman numerals.
The NOTICE cover sheet must use bold print in 22-point font or larger.
- Font size
- At least 22 points
- Cover sheet
Court's wording
The requirement that the Guardian ad Litem, when providing the report to unrepresented parties and legal counsel of record attach a cover sheet entitled NOTICE which sets out the language required above in subparagraph 2 in bold print in 22-point font or larger.
The required Plan Administrator notice must appear after the QDRO's last page and be in bold print.
Court's wording
Following the last page of the QDRO, Counsel or self-represented party shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Qualified Domestic Relations Order has been qualified with the Clerk of Courts.
The Plan Administrator notice must appear after the DOPO’s last page and be printed in bold.
- Division of property order
Formatting
- •Print the NOTICE in bold
Court's wording
Following the last page of the DOPO, Counsel or self¬ represented party shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Division of Property Order has been qualified with the Clerk of Courts.
Said application, motion, and judgment entry shall be submitted to the Clerk of Courts in triplicate with each bearing original signatures. Copies shall be provided to the Clerk if the attorney desires file stamped copies.
Filed transcripts must be preserved in their original format and may be examined outside the Clerk’s possession only in the presence of the Clerk or a deputy clerk.
Court's wording
Once a transcript of a proceeding is filed by the court reporter, it must be preserved in its original format to prevent the possibility of alteration or destruction since it has been certified as correct by the stenographer or shorthand reporter. Therefore, in accordance with the Ohio Revised Code Section 2303.09, 2301.24, 2301.25, and other Rules of Court of Common Pleas, General Division, and the general case law of the State of Ohio, such transcripts may not leave the possession of the Clerk, except for purposes of being examined in the presence of the Clerk of Courts or one of the deputy clerks.
The NOTICE cover sheet must present the required language in bold, 22-point font or larger.
- Font size
- At least 22 points
Court's wording
In addition, the Guardian ad Litem, when providing the report to unrepresented parties and legal counsel of record shall attach a cover sheet entitled NOTICE which sets out the language required above in bold print in 22-point font or larger.
counsel may highlight on all copies what they want the Court to review.
Document Filing Requirements164 rules
All pleadings, motions or other papers of a party represented by an attorney shall be signed by at least one attorney of record. A party who is not represented by an attorney shall sign the pleading, motion or other paper. Unless e-filing documents as set forth in F below, paper copies must contain a physical signature.
The first page of each party’s filing must identify the parties, case, judge, filing, and the filer’s specified contact and registration information.
- Document
- Paper filed by party
- Placement
- First page
Must include
- •Judge name
- •Case number
Court's wording
Each paper filed by each party shall designate on the first page thereof the parties, the case number, the name of the judge, the identification of the filing, the name, address, Ohio Supreme Court registration number, telephone number, fax number and e-mail address, if any, of the counsel filing the paper or if there is no counsel, then the party filing the paper.
A pleading endorsing a jury demand must include the specified caption statement, unless the demand appears in the body; omission may waive a jury trial.
- Document
- Pleading
- Placement
- Caption
Must include
- •Jury demand endorsed hereon
Court's wording
If a jury demand, pursuant to Rule 38 of the Ohio Civil Rules of Procedure, is endorsed upon a pleading, the caption of the pleading shall state, "Jury demand endorsed hereon". Failure to comply with Ohio Civil Rule 38 shall result in the case being tried to the Court and failure to include this statement on the caption shall be a waiver of jury trial, unless the demand for jury is contained in the body of the pleading.
The filing of video deposition shall conform to Sup.R. 13, and in addition, a typed certified copy of the transcript and a list of objections shall be filed along with the video deposition.
All Magistrate's decisions and all orders of the Magistrates and Judges shall have the name of the respective Magistrate or Judge printed or typed below their respective signature line.
- Document
- Order
- Placement
- Signature block
A motion to proceed in forma pauperis must include the attorney’s statement concerning fees and payment or security for costs.
Court's wording
No motion to proceed In Forma Pauperis shall be granted by the Court unless there is attached thereto a statement by the attorney for the party executing such affidavit that he or she has not accepted and will not accept any attorney’s fees in said cause until the costs are paid or secured to be paid.
All motions shall be accompanied by a proposed order which shall include the new date.
- Document
- Motion
Must include
- •Proposed order
Counsel shall also provide opposing counsel and the Court a full and complete Exhibit List of all proposed trial exhibits, including their proper identification, at least seven (7) days prior to trial.
- Document
- Trial exhibit list
Must include
- •Exhibit list
All motions must be accompanied by a separate proposed Order.
- Document
- Motion
Must include
- •Proposed order
If the motion is one to continue a matter, to vacate a hearing or trial, or a similarmotion where citations are not necessary, the memorandum must contain representations of fact verified by the attorney or an affidavit in support of the motion.
Each motion must be submitted by separate pleading with representations of fact to support the motion and a memorandum of law containing citations to authority in support of the motion.
Copies of briefs and memoranda provided for the Court and for all parties shall have attached thereto a copy of all unreported cases, or other references cited or referred to
When a party files a motion to amend a pleading, he shall provide the Court with a proposed judgment entry which shall have attached thereto the proposed amended pleading.
All motions to show cause/contempt of Court shall state the date of the prior Court order(s) and the specific provision(s) of the prior Court order(s) that are alleged to be violated.
A domestic-relations contempt motion alleging nonpayment of medical or health-care bills must include the approved “Explanation of Health Care Bills” form.
Court's wording
All motions to show cause/contempt of Court in domestic relations cases alleging non-payment of medical/health care bills shall include the Form titled “Explanation of Health Care Bills” (Appendix G, Form 4) as approved by the Supreme Court of Ohio, Uniform DR forms.
This form shall be completed and filed with the motion.
Motions to show cause/contempt of Court in domestic relations cases shall include an affidavit by the party alleging the contempt, with specificity as to the violations of the Court order.
B. Copies of a judgment entry, or an order prepared by counsel, shall be in sufficient quantity so the Clerk of Courts may distribute one (1) to trial counsel and unrepresented parties. One extra copy shall be provided to the Clerk in all domestic relations cases involving the payment of child support or spousal support.
2. Judgment entries and orders of dismissal by compromise prepared by counsel shall be approved by all counsel of record, and submitted to the Court within twenty-eight (28) days after notice to the Court of settlement or as otherwise agreed by the Court.
A judgment entry incorporating a separation and property settlement agreement or shared parenting plan must attach a copy of that agreement or plan.
Court's wording
1. All judgment entries incorporating a separation and property settlement agreement or shared parenting plan shall have attached thereto a copy of the separation and property settlement agreement or shared parenting plan.
When submitting an unreturned entry or order after 14 days without a response, preparing counsel must include the prescribed certification.
Court's wording
5. If no response is made to original preparing counsel within fourteen (14) days, preparing counsel shall submit the entry or order along with the submitting letter to the Court with the following certification: I HEREBY CERTIFY THAT THE FOREGOING ENTRY OR ORDER WAS (MAILED, DELIVERED, OR FAXED) TO , COUNSEL FOR PLAINTIFF/ DEFENDANT, ON THE DAY OF , 20 AND HAS NOT BEEN RETURNED, REVISED NOR OBJECTED TO.
D. Judgment entries in all actions involving title to real property shall include a legal description of the property inquestion. Said legal description shall be certified by the appropriate county official as being accurate.
C. The Court shall include the vehicle identification number (VIN), year, make and model in every order directing the issuance of title to a motor vehicle.
Parties who intend to call expert witnesses are required to obtain from the expert witness a written report which shall state the expert’s opinion and the factual basis for that opinion.
Counsel shall further submit a notice of filing of the settlement memorandum with the Clerk of Courts.
Trial counsel shall be required to submit a written settlement memorandum to the Court ten (10) days prior to the settlement pretrial conference.
C. Immediately upon the entering of any judgment, the attorney who represents the judgment creditor shall furnish a copy of the pleadings and judgment entry to the Clerk of Courts.
B. The attorney who represents the judgment creditor shall include in the complaint a statement setting forth to the best of his knowledge the last known address of the defendant or defendants.
D. In all cases, the original note shall be presented for cancellation by the Court, or its absence adequately explained.
A complaint seeking a cognovit judgment must contain or be accompanied by an affidavit stating the maker’s county of residence, the county where the warrant of attorney was signed, and that the instrument does not arise from a consumer loan or transaction.
Court's wording
A. When a complaint is presented to the Court for the rendering of a cognovit judgment, it shall contain or be accompanied by an affidavit to the effect: 1. That the maker of the cognovit note now resides in the county in which the action is brought; 2. That the maker, or any one of several makers, of the cognovit note signed the warrant of attorney in the county in which the action is brought; 3. That the instrument does not arise out of a consumer loan or a consumer transaction. (ORC Section 2323.13(E)).
A withdrawal request must comply with DR 2-110 and include an attorney certification stating the reason for withdrawal, file delivery or retrieval information, and notice of all court dates and deadlines to the client.
Court's wording
Withdrawal of counsel may be approved only upon compliance with the terms set forth in DR 2-110 of the Code of Professional Responsibility and upon submission of the following to the Court. 1. A certification from the attorney seeking to withdraw from the case stating: a. The reason for the need to withdraw; b. That the client has received the withdrawing attorney’s entire file on the case, or that the client has been given express written notice of where and when the entire file may be obtained; c. That a written notice containing all court dates and deadlines have been given to the client.
The attorney must file and serve a “Notice of Limited Appearance” that clearly describes the scope of the limited appearance and states that the limitation has been authorized by the client.
Substitution of counsel may be approved only upon entry of appearance by succeeding counsel or upon submission of a proposed entry of substitution approved by withdrawing and succeeding counsel.
2. A proposed entry.
By signing the Notice of Completion of Limited Appearance an attorney certifies under Civ.R. 11 that all of the services for which the attorney was retained have been completed.
In quiet-title, partition, and real-property lien marshalling or foreclosure cases (except delinquent real estate tax foreclosures), plaintiff’s counsel must file a statement of owners and lienholders or a qualifying preliminary judicial report with the complaint or petition.
Court's wording
In cases to quiet title, for partition, and for the marshalling and foreclosure of liens on real property, (other than delinquent real estate tax foreclosure actions) counsel for plaintiff must file the following with the Clerk at the time of the filing of the original complaint or petition: 1. A statement of owners and lienholders or a preliminary judicial report, including the names of the owners of the property, and a reference to the volume and page and date of recording of the next preceding recorded instrument by or through which the owners claim title, as die same shall have been prepared and extended by a responsible title company to a date not over thirty (30) days prior to the filing of the complaint, the costs of which are taxed as costs;
After all the defendants have been served with complaint, counsel for the plaintiff shall obtain and file an updated title report establishing all lienholders have been made parties and served with the complaint.
2. The proposed order of sale contains a legal description certified by the appropriate county official as being accurate.
No order of sale shall be approved unless the following conditions have been met: 1. Counsel has filed a written declaration to the Court that all lien holders of record have been notified of the application for order of sale;
Advertisements for any judicially ordered sale shall state that the successfill bidder must deposit ten percent (10%) of the successful bid on the day of the sale with the balance due within thirty (30) days of the date of confirmation.
No confirmation of sale and distribution entries shall be accepted which do not provide for complete distribution of sale proceeds unless prior Court approval is obtained.
Counsel must be prepared to present sufficient facts for the Court to determine an appropriate receiver bond.
Court's wording
The court will set a bond commensurate with the anticipated size of the estate, having in mind the views of secured creditors and the debtor. Accordingly, counsel must be prepared to present sufficient facts for the court to make an informed judgment on bond.
Motions for a receivership, fee applications, hearing requests, or other procedural matters relative to a receivership must be submitted in writing, with an approval entry tendered to the Court.
Parties seeking appointment of a receiver must advise the Court of the complete proposed compensation arrangement, approximate value of the property or business, and anticipated scope of the receiver’s work.
Court's wording
Parties seeking appointment must fully advise the court of the entire fee arrangement proposed to compensate the receiver, including all expense reimbursements and any commission contemplated for leasing or selling property. In addition, the court must be advised of the approximate value of the business or property likely to be managed in the receivership (if granted), and of the scope of work likely to be required of the receiver.
Any party may suggest candidates, but must be prepared to document their experience and expertise relative to the matter at hand, and certify that they are disinterested persons.
Each receiver must place a written acknowledgment in the record upon accepting appointment, including the listed commitments.
Court's wording
Upon accepting appointment, each receiver must affirmatively acknowledge in writing in the record that they will: a. act in conformity with Ohio law and these local rules; b. deposit all funds coming into their hands into a separate trust account for the estate, with full contemporaneous record-keeping for all funds; c. avoid any conflict of interest; d. not directly or indirectly pay or accept anything of value that has not been fully and timely disclosed and formally approved by the court; e. not directly or indirectly purchase, acquire, or accept any interest in property managed, appraised, or sold through the receivership; and f. otherwise act in the best interests of the estate.
The initial receivership plan must address the debtor’s business and circumstances, plan goals, significant assets, anticipated costs and duration, and specified operational, liquidation, or proceeding details when applicable.
Court's wording
The initial receivership plan shall identify: a. the nature of the debtor’s business, and a concise statement of the circumstances leading to the receivership; b. whether the present goal is to preserve and operate a business, collect rental on property, liquidate assets, or take other action; c. the significant assets of the receivership, including real estate, tangible or intangible property, inventory, cash on hand, accounts receivable, and claims against insurers or other third parties; d. anticipated transactional costs predictably to be incurred, including upcoming financing or mortgage payments, government fees or taxes, receiver fees, accounting, appraisal or auction costs, and legal fees inherent in the plan (as best they can be estimated); e. the anticipated duration of the receivership; f. if an active business is to be operated, the minimum number of employees needed to do so, and the estimated aggregate payroll (including benefits) per month; g. if property is to be liquidated, the estimated date by which appraisal and sale by the receiver can occur, and whether public or private sale is contemplated; h. if litigation or administrative proceedings are underway or anticipated, the nature and expected cost of each such proceeding.
The court must receive a written receivership plan at the outset or as soon as reasonably available, with updates when significant developments warrant or through periodic reports.
Court's wording
At the outset of the receivership, or as soon thereafter as information becomes reasonably available, the court shall be provided with a written plan for the receivership. The plan shall, thereafter, be updated as significant developments warrant, or as part of ongoing periodic reporting to the court.
A duplicate copy shall be submitted to chambers, together with a proposed entry approving the plan and report.
Each shall include a summary of action taken to date measured against the previous plan for the receivership; shall set forth proposed future action; and shall update previous estimates of costs, expenses, and the timetable needed to complete the receivership.
A party seeking approval to retain a professional whose compensation will be charged to the estate or sale proceeds must apply to the court, and the professional must be disinterested unless a business relationship is disclosed and approved in advance.
Court's wording
A receiver (or other party) requesting approval to retain an attorney or other professional (including appraisers, auctioneers, brokers, or real estate agents) whose compensation will be claimed against the estate or from proceeds of sale of estate property shall apply to the court. All such professionals must be disinterested persons with no business relationship with the Receiver, unless otherwise expressly disclosed and approved in advance by the court.
An application to retain a professional must describe each person’s experience, licensure, and qualifications and verify the specified licensing, conflict-check, insurance, and contract terms.
Court's wording
Applications for authority to retain professionals to assist a receiver shall 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 wall avoid any conflict of interest in connection with work on the receivership; that gross proceeds of any sale or other transaction conducted by them wall 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.
The retention agreement between a receiver and every professional shall be in writing.
An application to employ a professional must state customary and proposed compensation, specified prior fee-payment information, and details of any retainer or preparatory-work compensation already received.
Court's wording
Applications to employ professionals shall also set forth: a. the professional’s usual and customary hourly rate or fee; b. their 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 (1) 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.
A court-appointed professional may not accept compensation unless it is fully and timely disclosed to the court for prior approval.
Court's wording
No fee, commission, expense reimbursement, or other direct or indirect compensation of any nature may be accepted by any court-appointed professional that is not folly and timely disclosed to the court for prior approval.
Each receiver fee application must be written, noticed to appearing parties, and accompanied by an updated plan and progress report and a billing summary with specified information.
Court's wording
Fee applications shall be made in writing, with notice to all parties that have appeared. The receiver or counsel for the receiver shall attach to each fee application a brief, updated plan and progress report, consistent with Local Rule 66.06, 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.
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.
Filing & Service rules
Electronic Filing Rules
When e-filing is available through the case management system, the Clerk will not accept filings by alternative electronic means such as fax or email.
The Clerk of Courts will not accept filings by alternative electronic means, including but not limited to facsimile transmission or e-mail, when e-filing is available through the case management system.
Page 12 | Chapter 3 - Filing Procedures, F. E-Filing with Clerk of Courts
People filing electronically must register with the Clerk, receive a unique confidential identifier, and create an account with the Clerk-designated online payment agent; county procedures are posted on each Clerk’s website.
Persons filing documents electronically must become registered e-filers with the Clerk of Courts. Registered e-filers will receive a confidential and unique electronic identifier. The e-filer is required to create an account with an on-line payment agent determined by the Clerk of Courts. As each county maintains a different case management system (CMS), please see each individual Clerk of Court’s website for their Administrative Order on E-filing procedures.
Page 12 | Chapter 3 - Filing Procedures, F. E-Filing with Clerk of Courts
The listed documents, among others, cannot be e-filed.
Certain documents cannot be e-filed, including but not limited to: a) Civil Protection Orders b) Certificate of judgment c) Execution of judgment d) Bonds in criminal cases e) Subpoenas f) QDRO g) Depositions h) Transcripts i) Original wills and codicils j) Cognovit notes.
Page 13 | 4. Exceptions to E-filing
While a case is in mediation, the clerk may accept filings only when expressly permitted by the rules or court order, including the listed documents during a mediation stay.
The clerk of courts shall not accept for filing any documents while a case is in mediation, unless expressly permitted by these rules or by court order. Only the following documents may be filed while a mediation stay is in effect: a. Motion to lift the mediation stay; b. Response to a motion to lift mediation stay; c. Motion or stipulation to dismiss the case; and d. Notice related to counsel.
Page 64 | 10. Stay of Proceedings
The petitioner must complete the petition online, then print and file it with the Notice to Court of Petition with the Clerk.
Electronic Filing Required B. Petitioner must complete the online petition at www.drccqe.com (further instructions are available to assist the petitioner on the website). C. Petitioner shall print the fully completed Electronic Petition and file the same along with the Notice to Court of Petition (Appendix D) with the Common Pleas Clerk of Courts.
Page 151 | RULE 20.03
Accepted and docketed electronically filed documents constitute the official record of the Common Pleas Court.
a) Electronically filed, accepted and docketed documents are the official record of the Common Pleas Court.
Page 12 | Chapter 3 - Filing Procedures, F.2.a Official Court Record
Electronically filed court notices, schedules, orders, decisions, judgments, and other documents are the official record, and a judge’s or magistrate’s digital signature has the same effect as a handwritten signature.
b) The court’s electronically filed hearing notices, schedules, orders, decisions, judgments, and other documents are the official court record. The digital signature of a judge or magistrate has the same force and effect as a handwritten signature on a paper document
Page 12 | Chapter 3 - Filing Procedures, F.2.b Official Court Record
If a motion to amend is granted, the Court will file the amended pleading with the Clerk.
If the motion is granted, the amended pleading shall be filed with the Clerk by the Court.
Page 24 | Rule 4.03(G), Motions
Court filings may be submitted via fax using Facismile.
Facismile | Utilized for accepting court filings via fax | Online | Clerk of Courts staff
Page 197 | E. Filing
Henschen is used to accept electronic court filings.
Henschen | Case management & used for accepting electronic filings and accepting electronic payments | Vendor training materials | Clerk of Courts staff Court staff
Page 197 | E. Filing
The Court accepts documents from CCNO staff concerning defendants in CCNO custody by fax.
| Fax | Accepting documents from CCNO staff regarding Defendants in custody at CCNO | IT assistance | Court staff |
Page 199 | I. Interfacing with Other Entities
Filing Timing and Cure Windows
If service fails, the serving party must file further written instructions within 30 days.
In the event of failure of service, the serving party must file further written instructions within thirty (30) days).
Page 10 | RULE 3.01(B)(1)
The Clerk reviews electronically filed documents; only accepted documents are filed, docketed, and time-stamped, while rejected submissions do not become part of the Court record.
c) Clerk Review: The Clerk reviews all electronically filed documents for compliance with court rules, policies, procedures and practices. After review, the document becomes accepted, pending or rejected. Only accepted documents will be filed, docketed and time stamped. If the submission is rejected, the document shall not become part of the Court record.
Page 12 | Chapter 3 - Filing Procedures, F.1.c Time, Effect and Process of E-filing
An accepted submission is deemed filed upon acceptance and receives an electronic stamp showing when the filer submitted it.
d) Official Time Stamp: Upon acceptance, the submission will be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the Court’s e-filing system.
Page 12 | Chapter 3 - Filing Procedures, F.1.d Time, Effect and Process of E-filing
Electronic filing does not alter or extend applicable statutes of limitation.
Electronic filing does not alter or extend applicable statutes of limitation.
Page 13 | 3. No Time Extension
If counsel does not respond within 14 days, preparing counsel must submit the entry or order and a letter to the Court with the specified certification.
5. If no response is made to original preparing counsel within fourteen (14) days, preparing counsel shall submit the entry or order along with the submitting letter to the Court with the following certification: I HEREBY CERTIFY THAT THE FOREGOING ENTRY OR ORDER WAS (MAILED, DELIVERED, OR FAXED) TO , COUNSEL FOR PLAINTIFF/ DEFENDANT, ON THE DAY OF , 20 AND HAS NOT BEEN RETURNED, REVISED NOR OBJECTED TO.
Page 25 | Rule 4.04(B)(5) — Orders and Judgments
Counsel must submit covered judgment entries and compromise dismissal orders within 28 days after notice of settlement, unless the Court agrees otherwise.
2. Judgment entries and orders of dismissal by compromise prepared by counsel shall be approved by all counsel of record, and submitted to the Court within twenty-eight (28) days after notice to the Court of settlement or as otherwise agreed by the Court.
Page 25 | Rule 4.04(B)(2) — Orders and Judgments
If counsel cannot agree on an entry or order within 28 days of the original submission, both drafts must be submitted to the Court.
6. If counsel cannot agree on an entry or order within twenty-eight (28) days of the original submission then copies of both the original and response order or entry drafts shall be submitted to the Court. The Court may adopt either entry, make its own entry, or set a date for a hearing on the proposed entries.
Page 26 | Rule 4.04(B)(6) — Orders and Judgments
A reply to a response must be filed within seven days after service of the response.
Any reply to said response shall be filed and served on or before the seventh (7th) day after the date of service of the response.
Page 27 | Rule 4.05 — Rule Days Not Fixed by Law
When no other law or rule sets the deadline, a response must be filed and served within 14 days after service of the paper requiring a response.
In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the fourteenth (14th) day after the date of service of the pleading, motion or other paper, requiring the response.
Page 27 | Rule 4.05 — Rule Days Not Fixed by Law
The settlement memorandum must be submitted 10 days before the settlement pretrial conference.
Trial counsel shall be required to submit a written settlement memorandum to the Court ten (10) days prior to the settlement pretrial conference.
Page 30 | RULE 4.07 CIVIL PRETRIAL
Plaintiffs’ counsel must submit a proposed judgment entry confirming the sale within 30 days of the sale.
Plaintiffs counsel shall submit proposed judgment entry confirming sale within thirty (30) days of the sale.
Page 45
The deed must be filed with the County Recorder within 14 days after payment is received.
The deed shall be filed with the County Recorder within fourteen (14) days of receipt of payment.
Page 45
Plaintiffs’ counsel must file the proposed deed with the Sheriff within 7 days of the order confirming sale.
Plaintiffs counsel shall file the proposed deed with the Sheriff within seven (7) days of the order confirming sale.
Page 45
The first receivership plan and report of activity to date must be submitted no later than two months after the receiver is appointed.
The first plan (and report of activity to date) must be submitted no later than two months after appointment of the receiver.
Page 48 | F. RECEIVERSHIP PLAN AND PROGRESS REPORTS
After filing the initial plan and report, the receiver must file updates at least semi-annually.
After filing the first plan and report, the receiver shall file updated plans and reports no less often than semi-annually.
Page 49
An interested party or person may object within fourteen days after service of notice, after which the court may hold a hearing or rule on the record.
If any party or person having an interest in the property to be sold or leased files an objection within fourteen days of sendee of the notice, the court may set the receiver’s request for hearing or may rule based on the material of record.
Page 51 | J. Disposition of Property
The appellee’s brief must be filed within 14 days after service of the appellant’s brief, unless a specific rule, statute, or court order provides otherwise; the schedule does not apply to Child Support Enforcement Agency determinations.
Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative agencies and appealed to this Court, the following briefing schedule shall be followed: 2. The appellee’s brief shall be filed within fourteen (14) days after service of appellant’s brief; B. This Rule shall not apply to any determinations of the Child Support Enforcement Agency.
Page 66 | RULE 5.12 — APPEALS FROM ADMINISTRATIVE AGENCIES
After the enjoined party requests a hearing, the court must schedule a hearing on the merits within ten days; if no request is received, the court must schedule one within three weeks after service.
Upon a filing for a request for hearing by the enjoined party, the court shall schedule a hearing on the merits within ten (10) days. In the event no request for hearing is received, the court shall schedule a hearing within three (3) weeks from the date of service.
Page 88 | Rule 10.04
Pleadings from self-represented litigants must be reviewed by the Judge, Magistrate, or designee before the Clerk time-stamps them.
All pleadings filed by self-represented litigants shall first be reviewed by the Judge, Magistrate or his/her designee before being time-stamped by the Clerk.
Page 89 | RULE 10.05 — SELF-REPRESENTED LITIGANTS
The Guardian ad Litem must prepare and file a written report at least seven days before the final hearing and, in the listed cases, at least seven days before the specified additional hearings.
Pursuant to Sup. R. 48.06, a written report shall be prepared by the Guardian ad Litem and filed with the Court not less than seven (7) days before the final hearing and, in abuse, neglect, dependency, unruly and delinquency cases, not less than seven days prior to any initial dispositional healing, permanent custody hearing, and any hearing upon a motion requesting a change in disposition.
Page 102 | Chapter 13 - Guardian ad Litem
The QDRO must be prepared as soon as possible after the final hearing for submission to the Court.
The QDRO shall be prepared as soon as possible following the final hearing for submission to the Court.
Page 126 | Chapter 16, Rule 16.01(C)
If the Plan Administrator does not file a Notice of Qualification, the parties or their attorneys must file the approval or qualification letter with the Clerk of Courts within 30 days of receipt.
If the Plan Administrator fails to file Notice of Qualification, the parties or attorneys for the parties shall file a copy of the letter of approval/qualified issued by the Plan Administrator with the Clerk of Courts within thirty (30) days of receipt.
Page 128
The investigator must file the investigation report at least seven days before the scheduled trial date.
The investigator shall file his or her report of the investigation at least seven (7) days before any scheduled trial date.
Page 134 | Chapter 18, Rule 18.01(D)
A custody evaluator must file a written report at least 30 days before the final hearing.
A custody evaluator shall prepare and file with the court a written report at least 30 days prior to the final hearing.
Page 142 | F. Custody Evaluator Report
Appointed counsel must file the court-provided Affidavit of Indigency/Financial Disclosure within 15 days of the defendant’s arraignment.
Attorneys appointed by the Court to represent an indigent defendant shall be responsible for the filing of the Affidavit of Indigency/Financial Disclosure with the Clerk of Courts on the form provided by the Court within fifteen (15) days of the arraignment of the defendant.
Page 149 | Rule 20.02 — Court Appointment
The attorney must submit the fee application, motion, and judgment entry within 30 days of whichever occurs first: conclusion of the case or termination of the attorney’s services.
Within thirty (30) days of the conclusion of the case of the termination of the attorney’s services, whichever should occur first, the attorney shall submit an application, motion and judgment entry for fees.
Page 150 | Rule 20.02 — Court Appointment
The Court Investigator must provide the written investigation report to the Court at least seven days before trial.
A written report of the investigation shall be provided by the Court Investigator to this Court not less than seven (7) days before trial
Page 213
The custody evaluator must submit the completed report at least 30 days before a scheduled final hearing.
Custody Evaluator shall submit a full written report to the Court upon completion of the evaluation. In the event a final hearing date has been set, the report must be submitted at least thirty days before that date.
Page 215
The mediator must file a mediation report and make it available to counsel for all parties within 14 days after mediation concludes.
It is further ORDERED, ADJUDGED AND DECREED that within fourteen (14) days after the conclusion of the mediation services the mediator shall file with the Court and make available to counsel for all parties an appropriate mediation report concerning the result of the mediation.
Page 218 | Court Order #8
The e-filing system must issue a receipt confirmation stating the date and time received, which serves as proof of receipt.
b) Receipt: Upon receipt, the Court’s e-filing system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.
Page 12 | Chapter 3 - Filing Procedures, F.1.b Time, Effect and Process of E-filing
E-filers must allow sufficient time for filing, clerk review, and any necessary resubmission.
The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.
Page 13 | 3. No Time Extension
The court may stay all filing deadlines for up to 60 days after referring a case to mediation.
Upon referral of a case to mediation, the court may elect to stay all filing deadlines for up to 60 days.
Page 64 | 10. Stay of Proceedings
To assist in the prompt and efficient administration of justice, the Court may require self- represented litigants to attend a free pro se clinic (copy costs may apply) before filing any documents with the Clerk of Courts.
To assist in the prompt and efficient administration of justice, the Court may require self- represented litigants to attend a free pro se clinic (copy costs may apply) before filing any documents with the Clerk of Courts.
Page 89 | RULE 10.05 — SELF-REPRESENTED LITIGANTS
The Clerk must file a received Notice Confirming Qualification in the public file.
When the Clerk receives Notice Confirming Qualification, it shall be filed in the public file.
Page 128
Service and Proof of Service Rules
The Clerk must serve the original complaint by certified mail with return receipt requested unless written instructions requesting another service method are filed with the complaint.
Clerk shall perfect service of the original complaint by United States Postal Service via certified mail, return receipt requested, pursuant to Civil Rule 4.1 unless written instructions requesting alternative means of services are filed with the original complaint.
Page 10 | RULE 3.01(B)(1)
When the Clerk must serve summons for a complaint, pleading, or motion, enough copies must be filed to provide one to each party.
Upon the filing of a complaint or any other pleading or motion for which the service of summons by the Clerk of Courts is required, sufficient copies shall be filed so that one copy thereof may be provided to each party.
Page 11 | Chapter 3 - Filing Procedures, C. Number of Copies to Be Filed
If there is a Court reporter, counsel must provide the reporter with a copy of the exhibit list.
In the event that there is a Court reporter, a copy of said exhibit list shall be provided to the Court reporter.
Page 21 | G. TRIAL EXHIBITS AND EXHIBIT LISTS
Documents and exhibits must be shared with opposing counsel at least seven days before trial, and failure to do so may result in their exclusion from evidence.
All documents and exhibits must be marked for identification purposes and shared with opposing counsel at least seven (7) days prior to trial. Failure to do so may result in said documents and exhibits not being admitted into evidence.
Page 21 | G. TRIAL EXHIBITS AND EXHIBIT LISTS
Any updated exhibit list must be presented to opposing counsel and the Court before trial starts.
Additionally, an updated list, if any, shall be presented to the opposing counsel and the Court prior to the start of trial.
Page 21 | G. TRIAL EXHIBITS AND EXHIBIT LISTS
Counsel must provide the exhibit list to opposing counsel and the Court at least seven days before trial.
Counsel shall also provide opposing counsel and the Court a full and complete Exhibit List of all proposed trial exhibits, including their proper identification, at least seven (7) days prior to trial.
Page 21 | G. TRIAL EXHIBITS AND EXHIBIT LISTS
A response to a summary-judgment motion may be served within 28 days after service of the motion.
Responses to motions for summary judgment may be served within twenty-eight days after service of the motion.
Page 23 | Rule 4.03(F)(1), Motions
A response to a written motion other than a summary-judgment motion may be served within 14 days after service of the motion.
Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion.
Page 23 | Rule 4.03(F)(1), Motions
A movant may serve a reply to a response to any written motion within 7 days after service of the response.
A movant’s reply to a response to any written motion may be served within seven days after service of the response to the motion.
Page 23 | Rule 4.03(F)(1), Motions
Unless another period is set by the rules or court order, a written motion for trial must be served at least 28 days before trial begins.
Unless a different period is fixed under these rules or by order of the court, a written motion for purposes of a trial shall be served no later than twenty-eight days prior to the start of trial.
Page 24 | Rule 4.03(F)(2), Motions
Unless another period is set by the rules or court order, a written motion for a nontrial hearing must be served at least 14 days before the hearing.
Unless a different period is fixed under these rules or by order of the court, a written motion for purposes of a hearing that is not a trial shall be served ; no later than fourteen days prior to the hearing,
Page 24 | Rule 4.03(F)(2), Motions
If ordered, the Court or Clerk must transmit copies of judgment entries or other orders to counsel and parties.
A. The Court shall transmit, or direct the Clerk of Courts to transmit, copies of judgment entries or other orders to all counsel and unrepresented parties and represented parties if so ordered.
Page 25 | Rule 4.04(A) — Orders and Judgments
The Clerk must deliver all final appealable orders to counsel and parties by regular U.S. mail within three days of journalization.
E. All final appealable orders will be delivered to counsel, unrepresented parties and represented parties by the Clerk by regular U.S. mail within three (3) days of journalization.
Page 26 | Rule 4.04(E) — Orders and Judgments
A reply to a response must be served within seven days after service of the response.
Any reply to said response shall be filed and served on or before the seventh (7th) day after the date of service of the response.
Page 27 | Rule 4.05 — Rule Days Not Fixed by Law
When no other law or rule sets the deadline, a response must be served within 14 days after service of the paper requiring a response.
In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the fourteenth (14th) day after the date of service of the pleading, motion or other paper, requiring the response.
Page 27 | Rule 4.05 — Rule Days Not Fixed by Law
The expert’s report and relevant supporting documents must be provided to opposing counsel at least 10 days before the expert’s deposition or final settlement pre-trial, whichever comes first.
The expert’s report and all relevant documents, including all records and bills of an expert witness shall be provided to opposing counsel at least ten (10) days prior to the taking of said expert's deposition or final settlement pre-trial, whichever occurs first.
Page 28 | Rule 4.06 — Discovery
Counsel must notify their clients of all hearing dates.
It shall be counsel’s responsibility to notify clients of all hearing dates.
Page 31 | RULE 4.08 NOTICE OF HEARINGS/APPEARANCE OF COUNSEL
The Court shall send written notice of all hearing dates to counsel, unrepresented parties and/or represented parties if so ordered. Notice to counsel and unrepresented parties shall be at the address on pleadings or the mailbox in the Clerk of Courts office.
The Court shall send written notice of all hearing dates to counsel, unrepresented parties and/or represented parties if so ordered. Notice to counsel and unrepresented parties shall be at the address on pleadings or the mailbox in the Clerk of Courts office.
Page 31 | RULE 4.08 NOTICE OF HEARINGS/APPEARANCE OF COUNSEL
The Clerk must mail the defendant or defendants copies of the pleadings and judgment entry by registered or certified mail to the address stated in the complaint.
The Clerk shall notify the defendant or defendants by mailing a copy of the pleadings and judgment entry by registered or certified mail at the address set forth in the complaint.
Page 32 | RULE 4.09 COGNOVIT JUDGMENTS
Papers required to be served under Civ.R. 5 must be served on both the attorney with a limited appearance and the attorney’s client.
When an attorney has entered a limited appearance, any pleading, order, notice, brief or other paper that Civ.R. 5 requires to be served must be served on both the attorney and the attorney’s client.
Page 37 | RULE 4.14 D. LIMITED APPEARANCE BY ATTORNEY
An attorney may terminate a limited appearance by filing and serving a Notice of Completion of Limited Appearance.
As provided by Civ.R. 3(B), an attorney’s limited appearance may be terminated by filing and service of a “Notice of Completion of Limited Appearance.”
Page 38 | RULE 4.14 D. LIMITED APPEARANCE BY ATTORNEY
When a judicially ordered sale is published, the Sheriff must notify the Clerk in writing of the sale’s time, date, and location, and the Clerk must provide that information in writing to all counsel and unrepresented parties.
At the time of publication of any judicially ordered sale, the Sheriff shall provide the Clerk of Court written notice of the time, date and location of the sale. The Clerk of Courts shall provide written notice to all counsel and unrepresented parties of the time, date and location of the judicially ordered sale.
Page 44 | RULE 5.04 — FORECLOSURE, QUIET TITLE, PARTITION AND JUDICIAL SALE
Unless the Court’s e-filing system clearly shows service was made, the party who submitted or approved the proposed order must serve it on the receiver or counsel and specified parties, and file proof of service.
Unless it is clear that service has already been made by the court using the e-filing system, the party who submitted or approved 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 46 | RULE 5.05 — RECEIVERSHIPS
Copies of each receiver’s plan and report must be filed with the Clerk and served on parties who have appeared or for whom service remains pending.
Copies of each receiver’s plan and report shall be filed with the Clerk, with service upon all parties who have made an appearance or for whom service remains pending.
Page 48 | F. RECEIVERSHIP PLAN AND PROGRESS REPORTS
Unless the application is addressed at the initial receivership hearing, written notice must be given to the debtor, appearing parties, and persons for whom service of process remains pending.
Unless the court addresses the application during the initial hearing on whether to grant a receivership, written notice of all such applications shall be given to the debtor, all parties that have appeared and all those for whom service of process remains pending.
Page 49 | H. APPLICATIONS TO EMPLOY COUNSELOR PROFESSIONALS
Unless otherwise ordered, a receiver must serve notice of the proposed sale or lease and its terms on all parties and known interested persons.
Unless otherwise ordered, a receiver shall serve notice of the receiver's intent to sell or lease receivership property and the terms of such proposed sale or lease for all property. Notice shall be given to all parties in the action and all persons known to have an interest in the property to be sold or leased.
Page 51 | J. Disposition of Property
Prospective jurors must be notified of their selection and response requirement by ordinary mail, with the notice identifying their jury period and advising that a further notice will be sent seven days before appearance.
The Jury Commissioners over the signature of the Defiance, Fulton, Henry or Williams County Sheriff shall notify by ordinary mail prospective jurors of their selection for jury service and their requirement to respond. The notice to prospective jurors shall specify the four (4) month period for which the juror was selected and inform the prospective juror that a subsequent notice will be sent seven (7) days before the prospective juror will actually have to appear at the Court.
Page 70 | Rule 6.04(C)
The Court must notify the Prosecutor’s Office of scheduled hearings as soon as reasonably practical after scheduling.
The Court shall provide notice of any scheduled hearing to the Prosecutor’s Office. Such notice shall be transmitted as soon as reasonably practical following the scheduling of the hearing.
Page 77 | C. Notifications
The Prosecutor or designee must notify victims of pre- and post-conviction hearings, including the listed proceedings.
The Prosecutor or designee shall notify victims for pre and post- conviction hearings, including but not limited to pretrials, trials, judicial release, community control revocations and sealing of record.
Page 77 | C. Notifications
The Guardian ad Litem must provide the report to unrepresented parties and counsel of record.
The report shall be provided by the Guardian ad Litem to unrepresented parties and legal counsel of record.
Page 102 | Chapter 13 - Guardian ad Litem
The Guardian ad Litem must be served with copies of all pleadings.
The Guardian ad Litem shall be served with copies of all pleadings
Page 103 | Guardian ad Litem
The Guardian ad Litem must be provided notice of all hearings.
and shall be provided notice of all hearings.
Page 103 | Guardian ad Litem
A motion seeking a continuance of a neutral evaluation session must be served on the opposing attorney or self-represented party.
If a continuance of a scheduled neutral evaluation session is desired, a motion seeking a continuance will be required, served upon the opposing attorney(s) or self-represented party(s).
Page 112 | B. General Provisions, 5. Continuances
Attorneys and self-represented parties must submit court-ordered evaluation documents to the evaluator and other parties one week before the session; absent a different court order, the documents must arrive at opposing counsel’s office or a self-represented party’s residence at least seven days before the session by one of the listed methods.
3. One week prior to the neutral evaluation session, each attorney or self-represented party shall submit a memorandum, brief or other documents as may be ordered by the court to the neutral evaluator(s), to the other attorney(s), and to any self-represented party. Unless otherwise ordered by the court, the required documents shall arrive at the office of opposing counsel or at the residence of any self-represented party at least seven days before the neutral evaluation session via ordinary mail, hand-delivery, facsimile or e-mail.
Page 112 | C. Referral to and Participation in Neutral Evaluation, 3
Filing Fees and Waivers
If a payment instrument for a cost deposit is dishonored, the Court may dismiss the filing after giving the filer ten days’ notice to pay the required cost security.
If a check or other negotiable instrument for deposit for costs is dishonored for any reason, the filing may be dismissed by the Court after ten (10) days notice is given to the filer for failure to pay the required security for costs.
Page 15 | RULE 3.02
Unless an in forma pauperis motion is accepted or the Court waives the deposit, filings without the required court-cost deposit may be summarily stricken.
Unless a motion to proceed In Forma Pauperis is filed and accepted by the Court or the Court waives deposit for costs, any document, pleading, motion, request, objection, petition or complaint filed without payment of the court cost deposit to the Clerk, as listed in Appendix B, may be summarily stricken by the Court.
Page 15 | RULE 3.02
If there is a failure to pay within sixty (60) days from the Clerk’s cost statement by the party so ordered, the Clerk shall deduct the costs from any deposit held in their case.
If there is a failure to pay within sixty (60) days from the Clerk’s cost statement by the party so ordered, the Clerk shall deduct the costs from any deposit held in their case.
Page 15 | RULE 3.02
When a cost deposit becomes insufficient, the Clerk must require an additional deposit sufficient to cover reasonably anticipated costs.
If at any time the deposit for costs becomes insufficient in any case, the Clerk shall require of the appropriate parties an additional deposit in an amount sufficient to secure the reasonably anticipated costs.
Page 15 | RULE 3.02
When the county sheriff is ordered to conduct a judicial sale of real property, counsel must post the Appendix B deposit when filing the initial Order (Praecipe) of Sale; the deposit is the current license fee for use of the Public Sheriffs Sale Website.
In all cases in which the county sheriff is ordered to conduct a judicial sale of real property, counsel shall post a deposit as set forth in Appendix B at the time of filing an initial Order (Praecipe) of Sale. The deposit constitutes the current license fee charged for the use of the Public Sheriffs Sale Website pursuant to ORC §2329.153.
Page 44 | RULE 5.04 — FORECLOSURE, QUIET TITLE, PARTITION AND JUDICIAL SALE
A party cancelling a Sheriff’s sale after issuance of the Order of Sale must pay a $75 cancellation fee, except for a cancellation due to bankruptcy.
In the event a party cancels a Sheriffs sale (after Order of Sale has issued) for any reason other than a bankruptcy action, a cancellation fee of $75.00 shall be assessed against the party cancelling said sale.
Page 45
The Clerk of Courts must secure a deposit for costs before processing and serving the subpoenas.
The Clerk of Courts shall secure a deposit for costs before processing and serving the subpoenas as required by the out-of-state litigant.
Page 58 | RULE 5.09 OUT OF STATE SUBPOENAS TO BE SERVED IN DEFIANCE, FULTON, HENRY AND WILLIAMS COUNTIES
A fee at the applicable county rate is collected in the Court cost deposit and disbursed by the Clerk when ordered by the Court.
The fee for attendance at the What About Me class is the rate set forth in Appendices B-l (Defiance County), B-2 (Fulton County), B-3 (Henry County) and B-4 (Williams County). This fee shall be collected in the Court cost deposit and the Clerk shall disburse these costs when ordered by the Court.
Page 93 | RULE 11.03 — ATTENDANCE AT WHAT ABOUT ME PROGRAM
The petitioner must pay the required security-for-costs deposit before the court is required to act on the petition.
D. Before any action is required to be taken on the Petition, the Petitioner must pay a deposit as set forth under Rule 3 - Security for Costs.
Page 151 | RULE 20.03
A $75 fee is listed for a foreign judgment.
FOREIGN JUDGMENT $ 75.00
Page 180 | Appendix B — Security Costs
MOTION WITH CONSENT JUDGMENT ENTRY / NOTICE TO RELOCATE $ 50.00
MOTION WITH CONSENT JUDGMENT ENTRY / NOTICE TO RELOCATE $ 50.00
Page 180 | Appendix B — Security Costs
A $37 fee is listed for filing a certificate of judgment from another court.
FILING FROM ANOTHER COURT $37.00
Page 180 | Appendix B — Security Costs
A $150 fee is listed for a notice of appeal.
NOTICE OF APPEAL $150.00 $150.00
Page 180 | Appendix B — Security Costs
A $75 deposit is listed for cancellation of a sheriff’s sale.
CANCELATION OF SHERIFF’S SALE $ 75.00
Page 180 | Appendix B — Security Costs
A $150 deposit is listed for execution on a certificate of judgment or garnishments.
EXECUTION ON CERTIFICATE OF JUDGMENT / GARNISHMENTS $150.00
Page 180 | Appendix B — Security Costs
A $5 fee is listed for filing a release, satisfaction, or partial satisfaction of lien.
FILING RELEASE, SATISFACTION OR PARTIAL SATISFACTION OF LIEN $ 5.00
Page 180 | Appendix B — Security Costs
A $150 deposit is listed for a cognovit filing.
COGNOVIT $150.00
Page 180 | Appendix B — Security Costs
A $100 deposit is listed for a QDRO or DPRO.
QDRO OR DPRO $100.00
Page 180 | Appendix B — Security Costs
Fax fees are $2 plus $1 per page per transmission.
FAX FEES: $2.00 PLUS $1.00 PER PAGE PER TRANSMISSION
Page 180 | Appendix B — Security Costs
A $350 deposit is listed for a civil complaint, cross-claim or counterclaim, third-party complaint, or administrative appeal.
CIVIL COMPLAINT, CROSS-CLAIM / COUNTERCLAIM, THIRD PARTY COMPLAINT, $350.00
Page 180 | Appendix B — Security Costs
A notice of appeal filed in a common pleas case has an additional $25 fee, with $175 listed as the total.
IF FILED IN A COMMON PLEAS CASE – ADDITIONAL $25.00 $175.00
Page 180 | Appendix B — Security Costs
A $42 fee is listed for a State of Ohio certificate of judgment, including release.
STATE OF OHIO (INCLUDES RELEASE) $42.00
Page 180 | Appendix B — Security Costs
A $400 deposit is listed for a foreclosure complaint.
COMPLAINT $400.00
Page 180 | Appendix B — Security Costs
A $35 fee is listed for making and filing a certificate of judgment.
MAKING & FILING $35.00
Page 180 | Appendix B — Security Costs
A $250 deposit is listed for aid in execution, a writ of possession, or a debtor's examination.
AID IN EXECUTION, WRIT OF POSSESSION & DEBTOR'S EXAMINATION $250.00
Page 180 | Appendix B — Security Costs
An $875 deposit is listed for a praecipe for an order of sale by private selling officer, to be used toward specified costs.
PREAECIPE FOR ORDER OF SALE BY PRIVATE SELLING OFFICER $875.00 TO BE USED TOWARDS COSTS OF - LEGAL NOTICE, APPRAISAL AND COURT COSTS
Page 180 | Appendix B — Security Costs
A complete record costs $2 per page.
COMPLETE RECORD: $2.00 PER PAGE
Page 180 | Appendix B — Security Costs
A $1,400 deposit is listed for a praecipe for an order of sale by sheriff, including $500 payable to Real Auction.
PRAECIPE FOR ORDER OF SALE BY SHERIFF $1,400.00 TO BE USED TOWARDS COSTS OF - LEGAL NOTICE, APPRAISAL AND COURT COSTS (includes $500 payable to Real Auction)
Page 180 | Appendix B — Security Costs
A $100 fee is listed for sealing or expunging, regardless of the number of records, per ORC 2953.32.
SEALING / EXPUNGING (regardless of number of records per ORC 2953.32) $100.00
Page 180 | Appendix B — Security Costs
A $500 deposit is listed for publication.
PUBLICATION $500.00
Page 180 | Appendix B — Security Costs
A $125 fee is listed for post-conviction motions or petitions, including the examples stated.
POST-CONVICTION MOTIONS/ PETITION: EXAMPLE: SEX OFFENDER RE-CLASSIFICATION, $125.00 FIREARM DISABILITY, LIFETIME SUSPENSION, CERTIFICATE OF QUALIFICATION OF EMPLOYMENT (CQE)
Page 180 | Appendix B — Security Costs
Certification costs $2 per document plus a copy charge.
CERTIFICATION - $2.00 PER DOCUMENT PLUS COPY CHARGE
Page 180 | Appendix B — Security Costs
An $8 fee is listed for making a certificate of judgment to transfer.
MAKING TO TRANSFER $ 8.00
Page 180 | Appendix B — Security Costs
A home investigation is listed at $600 in Williams County and at an amount set by court order in all other counties.
HOME INVESTIGATION – WILLIAMS COUNTY $600, ALL OTHERS – PER COURT ORDER
Page 180 | Appendix B — Security Costs
Courtesy Copy Requirements
After a visiting judge is appointed, counsel must supply that judge with a copy of all pleadings, motions, and other papers filed for the record.
Subsequent to the date of the appointment of a visiting judge, counsel shall supply a copy of all pleadings, motions, or other papers filed for record with the visiting judge.
Page 10 | RULE 3.01(A)(5)
A duplicate copy of the plan and report must be submitted to chambers together with a proposed entry approving them.
A duplicate copy shall be submitted to chambers, together with a proposed entry approving the plan and report.
Page 48 | F. RECEIVERSHIP PLAN AND PROGRESS REPORTS
Sealing & Redaction Procedures
Documents containing sensitive personal information and the listed categories of records must be kept in a separate non-public file maintained by the Clerk.
A. Documents filed in any case containing sensitive personal information shall be kept in a separate non-public file to be maintained by the Clerk of Courts in such manner and in such location as the Clerk deems appropriate. B. The non-public file shall contain the following items: 1. The parties’ DR-1, DR-2 and DR-3 affidavits and attachments thereto; 2. Tax returns; 3. Reports of psychological or custody evaluations; 4. Medical reports; 5. Reports of supervised parenting time or supervised parenting time exchanges; 6. Reports of a home study evaluator or Guardian ad Litem; 7. Reports of medical or drug testing; 8. Copy of Application for Child Support Services (IV-D); 9. Letters to the Court from the parties, the child(ren) and/or other individuals; 10. Victim’s Rights Form; 11. Other items as directed by the Court.
Page 17 | Rule 3.03 — Non-Public File
The Court may order other documents containing sensitive personal information kept in the non-public file, and documents in the public file containing Social Security numbers or other identifying information must be redacted.
C. Upon motion of any party or upon the Court’s own motion, other documents containing sensitive personal information may be ordered to be kept in the non-public file. If there are documents which are to be filed in the “ public file” containing social security numbers or any other individual identifying information, the same shall be redacted on those documents in the “ public file.”
Page 17 | Rule 3.03 — Non-Public File
The public file must contain a Clerk-prepared Notice of Filing identifying the document held in the non-public file and its filing date.
D. The “ public file” shall contain, in place of the document contained in the non-public file, a Notice of Filing prepared by the Clerk of Courts reflecting the filing of the document maintained in the non-public file and the date thereof (e.g., “ Notice is hereby given that on [date of filing] a [name of document ] was filed by [person or party filing document], which shall be maintained in the Non-public File”).
Page 17 | Rule 3.03 — Non-Public File
Inspection of the non-public file is limited to specified people acting in their duties or as directed by the Court; others must move for access, and unauthorized copying or disclosure may result in contempt penalties.
F. Contents of the non-public file may be inspected and reviewed by the following individuals in the performance of their duties or as the Court may direct: 1. Parties; 2. A party’s attorney of record; 3. County’s CSEA counsel; 4. Mediators appointed to a case; 5. Court personnel; 6. Guardians Ad Litem appointed to a case; 7. Home investigators appointed to a case; 8. Parenting coordinators appointed to a case. In the event a Victim’s Rights form has been filed, access shall be limited as set forth in Rule 7.01. Other individuals may request to inspect and review the contents of the non-public file by filing a motion. Any person who copies the contents of the non-public file, posts on social media or other mediums or discloses all or portions of the non-public file to another person, without prior approval, shall be subject to Court action including penalties for contempt which include incarceration and fines.
Page 18 | Rule 3.03 — Non-Public File
The Court must keep a child’s in-camera interview recording or transcript in a separate file; the recording requires Court approval for access, and the transcript is available only after specified objections or an appeal.
E. In the event that the Court conducts an in camera interview of any child, upon request of any party or in its own discretion, the Court shall hold said recording or transcript of the recording in a separate file. The recording shall not be made available to either party or counsel without Court approval. A transcript of said recording shall only be made available to counsel or the parties after the filing of Objections to a Magistrate’s Decision to the Court or an appeal to the Court of Appeals.
Page 18 | Rule 3.03 — Non-Public File
For filings referring to trade secrets or necessarily referencing attorney-client or work-product communications, redacted versions may be filed publicly and served on appearing parties, while complete unredacted versions must be submitted to the court for in camera review.
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 shall be submitted to the court for in camera review.
Page 52 | M. Trade Secret or Privileged Information
Defendants and defense counsel may access the Victim’s Rights Form, but not the victim’s address or other contact or identifying information unless the court orders otherwise.
Defendant and Defense Counsel shall have access to the form except for the victim’s address and other contact or identifying information unless ordered by this court.
Page 76 | Rule 7.01(B)(2)(b)
The Clerk of Courts must retain a Victim’s Rights Form as a non-public document.
A Victim’s Rights Form shall be retained by the Clerk of Courts as a non-public document.
Page 76 | Rule 7.01(B)(2)
The Court may order other documents containing sensitive personal information into the family file, and documents in the public file containing Social Security numbers or other identifying information must be redacted.
Upon motion of any party or upon the Court’s own motion, other documents containing sensitive personal information may be ordered to be kept in the family file. If there are documents which are to be filed in the “ public file” containing social security numbers or any other individual identifying information, the same shall be redacted on those documents in the “ public file.”
Page 86 | RULE 10.03 — FAMILY FILE
Documents containing sensitive personal information must be kept in a separate family file maintained by the Clerk of Courts.
Documents filed in any case containing sensitive personal information shall be kept in a separate family file to be maintained by the Clerk of Courts in such manner and in such location as the Clerk deems appropriate.
Page 86 | RULE 10.03 — FAMILY FILE
The report and attachments are kept in the family file and are not publicly accessible; counsel and self-represented parties may view them upon request, and the clerk must file a public notice stating the report’s filing date.
b) The written report shall not be available for public access pur suant to Sup.R. 44 through 47. The report and any attachments shall be placed in the family file and may be viewed by counsel and/or self-represented parties upon request. At the time the report is submitted for filing, the clerk shall file a notice in the public file stating the date that the report of the investigation has been filed.
Page 143 | Discovery and public access
A party may copy the report but generally may not disseminate it or disclose it further without advance court approval, and it may not be shared with the children who are the subject of the case.
a) A party may copy a written report of a custody evaluation but, except as permitted by the court, shall not disseminate the report by any means, including by social media. Any additional disclosure of this report must be approved in advance by the court. In particular, reports or the recommendations shall not be shared with minor children who are the subject of the case. Unauthorized disclosure or distribution of the report may be subject to court action, including the penalties for contempt which include fines and/or incarceration.
Page 143 | Copying and dissemination
Protected information must be redacted; the Clerk must place the original petition under seal and prepare a redacted copy for the public case file, while records retain their status under law.
F. All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence. Upon filing of a Petition, the Clerk shall file the original under seal for use by the Court, and prepare a redacted copy for inclusion in the portion of the case file accessible to the public. Records or information received by the Court or the Clerk to assist the court with malting its decision under Revised Code section 2953.25, including information included on a Petition, shall retain their character as public or non-public records, as otherwise provided in law.
Page 151 | RULE 20.03
When the Court deems it advisable, prospective juror lists may identify jurors by number only, and other identifying data may be withheld and sealed.
To preserve the privacy and confidentiality of prospective jurors, when deemed advisable by the Court, lists of potential jurors submitted to counsel may be identified only by number, and other identifying data, i.e. telephone numbers, addresses, etc., may be withheld and sealed.
Page 75 | Rule 6.08(A)
The Court may order counsel not to disclose prospective jurors’ identifying data or questionnaire information to litigants, defendants, or others outside counsel’s professional office.
The Court may order that identifying data of prospective jurors and information contained on Juror Questionnaires provided counsel shall not be disclosed by counsel to litigants, defendants, or others not directly associated with counsel’s professional office.
Page 75 | Rule 6.08(B)
Those who are entitled to unredacted copy: prosecutor, victim or victim’s representative
Those who are entitled to unredacted copy: prosecutor, victim or victim’s representative
Page 76 | Rule 7.01(B)(2)(a)
Filing Bundling Requirements
If counsel cannot agree within 28 days of the original submission, both drafts must be submitted to the Court, which may adopt either, make its own entry, or set a hearing.
6. If counsel cannot agree on an entry or order within twenty-eight (28) days of the original submission then copies of both the original and response order or entry drafts shall be submitted to the Court. The Court may adopt either entry, make its own entry, or set a date for a hearing on the proposed entries.
Page 26 | Rule 4.04(B)(6) — Orders and Judgments
Adjournment & Extension Requirements
Continuance applications for scheduled events must be written and directed to the assigned Judge or Magistrate.
All applications for the continuance of any scheduled event must be in writing and directed to the Judge or Magistrate assigned to the case.
Page 19 | Chapter 4, Rule 4.01(C) Continuances
Continuance applications must state the reason, current assignment, client-notification status, opposing-party notification and consent status, and a proposed date within 60 days approved by the Court and opposing counsel if granted.
All applications for continuances shall contain the following information: (a) The reason for the request; (b) The time and date of the current assignment; (c) A statement indicating that counsel has informed his client of the request or in the alternative why the client has not been informed of the request. (d) A statement indicating opposing counsel has been notified or in the event of an unrepresented party, the party has been notified, or the reason opposing counsel has not been notified and whether opposing counsel has consented to the continuance; (e) A new date within sixty (60) days which has been approved by the Court and opposing counsel in the event the Court grants the application for continuance.
Page 20 | Chapter 4, Rule 4.01(C) Continuances
Continuance applications must be submitted at least 14 days before the scheduled event, unless there is an emergency or the Court deems cause sufficient.
All applications for continuances shall be submitted to the Court at least fourteen (14) days prior to the scheduled date for the event sought to be continued, absent emergency or cause deemed sufficient by the Court.
Page 20 | Chapter 4, Rule 4.01(C) Continuances
A motion to continue a trial or evidentiary hearing must be endorsed by both the party and counsel, unless the trial judge waives the requirement for good cause.
No party shall be granted a continuance of a trial or evidentiary hearing unless the motion is endorsed by the party as well as counsel, provided the trial judge may waive this requirement upon a showing of good cause.
Page 20 | Chapter 4, Rule 4.01(C) Continuances
A continued event must be assigned a fixed date at the same time.
No event will be continued without contemporaneously reassigning a fixed date.
Page 20 | Chapter 4, Rule 4.01(C) Continuances
A continuance request based on a conflicting trial assignment must include a copy of that assignment.
All requests for continuance based upon a conflict of trial assignment shall have attached thereto a copy of the conflicting assignment.
Page 20 | Chapter 4, Rule 4.01(C) Continuances
A scheduled mediation may be continued only for good cause after the parties determine an acceptable future date, and it must be rescheduled before the final pretrial unless the court authorizes otherwise.
Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediation Services Coordinator or the judge or magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.
Page 64 | 11. Continuances
A continuance of a scheduled mediation may be granted only for good cause after the parties determine a mutually acceptable future date.
Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined.
Page 109 | K. Continuances
A mediation continuance will not be granted unless the mediation can be rescheduled before the final pretrial.
no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.
Page 110 | K. Continuances
A continuance of a scheduled neutral evaluation session requires a motion and may be granted only for good cause shown.
5. Continuances. If a continuance of a scheduled neutral evaluation session is desired, a motion seeking a continuance will be required, served upon the opposing attorney(s) or self-represented party(s). A continuance for a scheduled neutral evaluation session shall be granted only for good cause shown.
Page 112 | B. General Provisions, 5. Continuances
On a party’s motion and for good cause, the court may reduce or enlarge the time periods set out in Rule 4.03(F)(1) and (F)(2).
Upon motion of a party in an action, and for good cause, the court may reduce or enlarge the periods of time provided in divisions (F)(1) and (F)(2) of this rule.
Page 24 | Rule 4.03(F)(3), Motions
Pending motions do not constitute good cause for a mediation continuance unless the Court authorizes otherwise.
Except as authorized by the Court, the existence of pending motions shall not be good cause for a continuance
Page 110 | K. Continuances
The Mediation Services Coordinator or the referring judge or magistrate may continue the case.
The case may be continued by the Mediation Services Coordinator or the judge or magistrate who referred the case.
Page 109 | K. Continuances
Chambers Communication Rules
A parenting coordinator may not communicate ex parte with the appointing court or division about substantive matters or the merits of the case.
A parenting coordinator shall have no ex parte communications with the appointing court or division regarding substantive matters or issues on the merits of the case.
Page 121 | Ex parte communications
For good cause, the receiver or any appearing party may request an emergency hearing by contacting the Court.
For good cause, the receiver or any party that has appeared may request an emergency hearing by contacting the court.
Page 46 | RULE 5.05 — RECEIVERSHIPS
A custody evaluator must not communicate ex parte with the court about the merits of the case.
Refrain from any ex parte communications with the court regarding the merits of the case;
Page 141 | Custody Evaluator
Self-represented litigants may contact the Court’s Designee by telephone to arrange attendance at the clinic.
Please contact the Court’s Designee at the following telephone number to make arrangements to attend the Clinic: Defiance County - 419-782-5931 Fulton County - 419-337-9260 Henry County - 419-599-5951 Williams County - 419-636-2644
Page 89 | RULE 10.05 — SELF-REPRESENTED LITIGANTS
A custody evaluator may communicate with the court when necessary to amend the appointment order’s scope or time frame.
A custody evaluator may communicate with the court when necessary to amend the scope or time frame of the order of appointment.
Page 142 | 3. Communication with court