Fulton County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Paper filed by party

Must include

judge name, case number

The first page of each party’s filing must identify the parties, case, judge, filing, and the filer’s specified contact and registration information.

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.

CRITICAL

Applies to

Pleading motion or other paper

Represented parties’ pleadings and other papers must be signed by an attorney of record, self-represented parties must sign their own papers, and paper copies must have a physical signature unless the documents are e-filed under subsection F.

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.

CRITICAL

Applies to

Pleading

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.

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.

CRITICAL

Applies to

Video deposition

A video deposition filing must include a typed certified transcript copy and a list of objections, in addition to conforming to Sup.R. 13.

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.

CRITICAL

Applies to

Order

All magistrate decisions and magistrate or judge orders must have the respective judicial officer’s name printed or typed below the signature line.

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.

CRITICAL

Applies to

Motion to proceed in forma pauperis

A motion to proceed in forma pauperis must include the attorney’s statement concerning fees and payment or security for costs.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions must include a proposed order stating the new date.

All motions shall be accompanied by a proposed order which shall include the new date.

CRITICAL

Applies to

Trial exhibit list

Counsel must provide opposing counsel and the Court a complete list of all proposed trial exhibits, properly identified, 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.

CRITICAL

Applies to

Motion

Each motion must be submitted as a separate pleading with supporting factual representations and a memorandum of law citing supporting authority.

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.

CRITICAL

Applies to

Brief

Copies of briefs and memoranda provided to the Court and parties must include copies of cited or referenced unreported cases and other references.

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

CRITICAL

Applies to

Motion

For motions to continue, vacate a hearing or trial, or similar motions where citations are unnecessary, the supporting memorandum must contain facts verified by the attorney or an affidavit.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must be accompanied by a separate proposed order.

All motions must be accompanied by a separate proposed Order.

CRITICAL

Applies to

Motion

A motion to amend a pleading must be accompanied by a proposed judgment entry with the proposed amended pleading attached.

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.

CRITICAL

Applies to

Motion

A motion to show cause or for contempt must identify the date of the prior court order and the specific provisions alleged to have been violated.

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.

CRITICAL

Applies to

Motion

In domestic relations cases, a motion to show cause or for contempt must include an affidavit from the alleging party specifying the order violations.

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.

CRITICAL

Applies to

Motion

A domestic-relations contempt motion alleging nonpayment of medical or health-care bills must include the approved “Explanation of Health Care Bills” form.

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.

CRITICAL

Applies to

Motion

The required “Explanation of Health Care Bills” form must be completed and filed with the motion.

This form shall be completed and filed with the motion.

CRITICAL

Applies to

Judgment entry or order

Counsel-prepared judgment entries and orders must include enough copies for distribution to trial counsel and unrepresented parties, plus one extra Clerk copy in specified domestic relations cases.

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.

CRITICAL

Applies to

Judgment entry

A judgment entry incorporating a separation and property settlement agreement or shared parenting plan must attach a copy of that agreement or plan.

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.

CRITICAL

Applies to

Judgment entry or compromise dismissal order

Counsel-prepared judgment entries and compromise dismissal orders require approval by all counsel of record and submission 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.

CRITICAL

Applies to

Judgment entry or order

When submitting an unreturned entry or order after 14 days without a response, preparing counsel must include the prescribed 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.

CRITICAL

Applies to

Order directing issuance of motor vehicle title

Every order directing issuance of title to a motor vehicle must include the VIN, year, make, and model.

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.

CRITICAL

Applies to

Judgment entry

A judgment entry in an action involving title to real property must include a legal description certified as accurate by the appropriate county official.

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.

CRITICAL

Applies to

Expert report

A party intending to call an expert must obtain a written report stating the expert’s opinion and its factual basis.

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.

CRITICAL

Applies to

Settlement memorandum

Trial counsel must submit a written settlement memorandum to the Court 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.

CRITICAL

Applies to

Notice of filing of settlement memorandum

Counsel must submit a notice of filing of the settlement memorandum to the Clerk of Courts.

Counsel shall further submit a notice of filing of the settlement memorandum with the Clerk of Courts.

CRITICAL

Applies to

Complaint

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.

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)).

CRITICAL

Applies to

Complaint

The judgment creditor’s attorney must include in the complaint a statement of the defendant’s or defendants’ last known address, to the best of the attorney’s knowledge.

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.

CRITICAL

Applies to

Cognovit judgment

Immediately after judgment is entered, the judgment creditor’s attorney must furnish the Clerk of Courts with copies of the pleadings and judgment entry.

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.

CRITICAL

Applies to

Cognovit judgment

The original note must be presented to the Court for cancellation, or its absence must be adequately explained.

D. In all cases, the original note shall be presented for cancellation by the Court, or its absence adequately explained.

CRITICAL

Applies to

Substitution of counsel

Substitution of counsel may be approved only if succeeding counsel enters an appearance or both withdrawing and succeeding counsel approve a proposed substitution entry.

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.

CRITICAL

Applies to

Withdrawal request

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.

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.

CRITICAL

Applies to

Withdrawal request

Must include

proposed order

A proposed entry must be submitted with a request to withdraw as counsel.

2. A proposed entry.

CRITICAL

Applies to

Notice of limited appearance

An attorney entering a limited appearance must file and serve a notice that describes its scope and states that the client authorized the limitation.

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.

CRITICAL

Applies to

Notice of completion of limited appearance

By signing the Notice of Completion of Limited Appearance, the attorney certifies that all retained services are complete.

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.

CRITICAL

Applies to

Complaint

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.

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;

CRITICAL

Applies to

Title report

After all defendants have been served with the complaint, plaintiff’s counsel must obtain and file an updated title report establishing that all lienholders were made parties and served.

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.

CRITICAL

Applies to

Application for order of sale

An order of sale cannot be approved unless counsel has filed a written declaration that all record lienholders were notified of the application.

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;

CRITICAL

Applies to

Proposed order

The proposed order of sale must contain a legal description certified as accurate by the appropriate county official.

2. The proposed order of sale contains a legal description certified by the appropriate county official as being accurate.

CRITICAL

Applies to

Sale advertisement

Advertisements for judicially ordered sales must state that the successful bidder must deposit 10% on the sale date and pay the balance within 30 days after confirmation.

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.

CRITICAL

Applies to

Confirmation of sale and distribution entry

A confirmation of sale and distribution entry must provide for complete distribution of sale proceeds unless the Court approves otherwise in advance.

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.

CRITICAL

Applies to

Receiver candidate submission

A party suggesting a receiver candidate must be prepared to document the candidate’s relevant experience and expertise and certify that the candidate is disinterested.

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.

CRITICAL

Applies to

Motion for appointment of receiver

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.

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.

CRITICAL

Applies to

Motion for appointment of receiver

Counsel must be prepared to present sufficient facts for the Court to determine an appropriate receiver bond.

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.

CRITICAL

Applies to

Receivership motion fee application hearing request or procedural matter

Must include

proposed order

Receivership motions, fee applications, hearing requests, and other receivership procedural matters must be submitted in writing with an approval entry tendered to the Court.

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.

CRITICAL

Applies to

Receiver written acknowledgment

Each receiver must place a written acknowledgment in the record upon accepting appointment, including the listed commitments.

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.

CRITICAL

Applies to

Receivership plan

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.

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.

CRITICAL

Applies to

Initial receivership plan

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.

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.

CRITICAL

Applies to

Receivership plan and report

A proposed entry approving the receivership plan and report must accompany the duplicate copy submitted to chambers.

A duplicate copy shall be submitted to chambers, together with a proposed entry approving the plan and report.

CRITICAL

Applies to

Updated receivership plan or report

Each updated plan and report must summarize actions against the prior plan, describe proposed future actions, and update estimates and the completion timetable.

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.

CRITICAL

Applies to

Application to retain professional

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.

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.

CRITICAL

Applies to

Professional retention agreement

A receiver’s retention agreement with each professional must be in writing.

The retention agreement between a receiver and every professional shall be in writing.

CRITICAL

Applies to

Application to retain professional

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.

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.

CRITICAL

Applies to

Application to retain professional

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.

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.

CRITICAL

Applies to

Professional compensation disclosure

A court-appointed professional may not accept compensation unless it is fully and timely disclosed to the court for prior approval.

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.

CRITICAL

Applies to

Fee application

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.

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.

CRITICAL

Applies to

Final fee application

A final fee application must include a Receiver’s Final Report containing the specified financial, creditor, distribution, expense, and objection information.

When the final fee application is submitted, it shall 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, (b) the total funds collected since the last interim fee award to the receiver (if any), and (c) the source(s) of funds; 2) 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; 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 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.

CRITICAL

Applies to

Fee application

An attorney who serves as receiver must separately identify fees for receiver work and attorney work.

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.

CRITICAL

Applies to

Foreign judgment

A proponent submitting a foreign judgment must provide a judgment entry with original certifications of authenticity from the foreign jurisdiction.

The proponent submitting the foreign judgment must provide a judgment entry with original certifications of authenticity from the foreignjurisdiction.

CRITICAL

Applies to

Stipulation

Stipulations concerning SJT proceedings must be written as an addendum to the SJT order and approved by the Court.

All stipulations entered into concerning these proceeding shall be written as an addendum to the order for SJT and shall meet with the approval of the Court.

CRITICAL

Applies to

Document or evidence

Must include

ai disclosure

Attorneys and parties must disclose AI use in creating or editing documents or evidence submitted to the Court or filed with the Clerk, and describe the AI technology used.

Attorneys and parties shall disclose the use of AI Technology or AI- Assisted Material in the creation or editing of any document or evidence submitted to the Court or filed with the Clerk. The disclosure shall include a description of the AI Technology utilized

CRITICAL

Applies to

Document or evidence

Must include

ai disclosure

At submission, attach a written certification identifying the AI technology used and affirming final review, approval, and awareness of and compliance with the Local Rule.

Such disclosure shall be made at the time of submission by way of a written certification attached to the document or evidence. The certification shall identify the type of AI Technology used and affirm that the attorney or party has conducted a final review, approved the AI-Assisted Material, and is aware of and in compliance with this Local Rule.

CRITICAL

Applies to

Complaint or other pleading requesting allocation of parental rights and responsibilities

When parental-rights allocation may be involved, file a DR 3 form and IV-D Application with the complaint or other pleading requesting allocation.

In all cases in which allocation of parental rights for minor child(ren) may be involved, a DR 3 form (Parenting Proceeding Affidavit) and IV-D Application for Child Support Services (Schedule E) shall be filed at the time of the complaint or any other pleading requesting the allocation of parental rights and responsibilities for minor child(ren).

CRITICAL

Applies to

Case involving allocation of parental rights and responsibilities

A case involving parental-rights allocation may not be filed without a DR-3 form and IV-D Application.

No case involving the allocation of parental rights and responsibilities for minor child(ren) may be filed without a DR-3 form and a IV-D Application.

CRITICAL

Applies to

Dissolution action

In a dissolution action, the parties must file a petition for dissolution, separation agreement, and waiver of entry of appearance and service of summons.

In all actions for dissolution, the parties shall file a petition for dissolution, separation agreement and a waiver of entry of appearance and service of summons.

CRITICAL

Applies to

Dissolution action

All dissolution actions require completed DR-1 and DR-2 forms signed by both parties.

Completed DR-1 (Affidavit of Income and Expenses) and DR-2 (Affidavit of Property) forms signed by both parties shall be filed in all dissolutions.

CRITICAL

Applies to

Dissolution action involving minor children

In a dissolution action involving minor children, the parties must file Child Support Guidelines, an IV-D Application, and DR-3 and DR-4 forms.

If there are minor children, the parties shall file Child Support Guidelines, IV-D Application for Child Support Services, DR-3 (Parenting Proceeding Affidavit) and DR-4 (Health Insurance Affidavit).

CRITICAL

Applies to

Complaint in divorce, annulment, or legal-separation action

In divorce, annulment, and legal-separation actions, the plaintiff must file DR-1 and DR-2 forms with the complaint.

In all actions for divorce, annulment and legal separation, the party bringing the action shall file their DR-1 and DR-2 forms with their complaint.

CRITICAL

Applies to

Complaint in divorce, annulment, or legal-separation action involving minor children

In a divorce, annulment, or legal-separation action involving minor children, the plaintiff must also file an IV-D Application and DR-3 and DR-4 forms.

If there are minor children, Plaintiff shall also file a IV-D Application for Child Support Services, DR-3 and DR-4 forms.

CRITICAL

Applies to

Responsive pleading in divorce, annulment, or legal-separation action

The responding party must file applicable DR forms within the time allotted for a response.

Within time allotted for response, the responding party shall also file the applicable DR forms.

CRITICAL

Applies to

Answer, response, objections to ex parte orders, counterclaim, or counter-motion

The responding party must file a DR-1 form with an answer, response, objections to ex parte orders, counterclaim, or counter-motion.

The responding party shall file a DR-1 form with his or her answer, response, objections to ex parte orders, counterclaims or counter-motions.

CRITICAL

Applies to

DR-1 form when responding party does not file a response

If the responding party does not file a response, (s)he must file a DR-1 form at least ten (10) days prior to a hearing on temporary

If the responding party does not file a response, (s)he must file a DR-1 form at least ten (10) days prior to a hearing on temporary

CRITICAL

Applies to

DR-1 form

When needed to correct or complete previously provided information, the DR-1 form must be updated before any further pretrial, final hearing, or trial.

A DR-1 form shall be updated prior to any further pretrial, final hearing or trial, when necessary to correct or complete any information previously provided.

CRITICAL

Applies to

Notice of filing

The public file must contain a Clerk-prepared Notice of Filing stating that a document is maintained in the family file and giving its filing date.

The “ public file” shall contain, in place of the document contained in the family file, a Notice of Filing prepared by the Clerk of Courts reflecting the filing of the document maintained in the family file and the date thereof (e.g., “ Notice is hereby given that on [date

CRITICAL

Applies to

Judgment entry

In cases with minor children, Schedule D must be completed and attached to the judgment entry, or its appropriate language may instead be incorporated into the entry.

Schedule D sets out requirements for provision of health insurance and shall be completed and attached to the judgment entr y filed in every case in which there are minor children or, in the alternative, appropriate language as set out within Schedule D may be incorporated in the judgment entry.

CRITICAL

Applies to

Schedule E

When the Court issues a child support order, Schedule E must be completed; the Clerk forwards the original to the Child Support Enforcement Agency and files a copy in the family file.

At such time as a child support order is issued by the Court, Schedule E shall be completed with the original forwarded by the Clerk of Courts to tire Child Support Enforcement Agency and a copy filed in the family file.

CRITICAL

Applies to

Ex parte application

Covered applications for ex parte orders must state the exigent circumstances with a sworn supporting affidavit and include counsel’s statement about efforts to provide notice or why notice should not be given.

Applications for ex parte orders relating to the allocation of parental rights, child support, spousal support, or for sole and exclusive use of the marital residence shall contain the following information: 1, The basis for the claimed exigent circumstance which requires the issuance of an ex parte order. The factual basis of said exigent circumstances shall be supported by an affidavit sworn to by the requesting party; 2. A statement by counsel as to the efforts made to contact either opposing counsel or, if unrepresented, the opposing party or, in the alternative, the reason why opposing counsel or the unrepresented party should not be given notice;

CRITICAL

Applies to

Ex parte order

Every ex parte order must advise the opposing party of the right to request a hearing and include the prescribed notice in bold print.

3. All ex parte orders shall advise the opposing party of the right to request a hearing and shall contain the following language in bold print: The Court has made this order solely upon the evidence provided by . You may request a hearing on this matter. You have the right to counsel and should have counsel present with you at any hearing. This is a temporary order and the Court will review all the evidence of the parties at any requested hearing.

CRITICAL

Applies to

Child support order

Every child support order must contain the full names of both parties.

All orders for child support shall contain the full names of both parties.

CRITICAL

Applies to

Child support order

The Application for Child Support Services (Court Schedule E) must be filed with every child support order.

The Application for Child Support Services (“Court Schedule E”) must be filed with any child support order.

CRITICAL

Applies to

Application for child support services

The Clerk must forward the original Application and a copy of the child support order to the Child Support Enforcement Agency, and a copy of the Application must be filed in the family file.

The original of the Application shall be forwarded to the Child Support Enforcement Agency by the Clerk of Courts, together with a copy of the child support order. A copy of the Application shall be filed in the family file.

CRITICAL

Applies to

Child support order

Orders establishing or modifying child support must include the stated language, except when either listed exception applies.

Unless: 1. a child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself and the Court has made other appropriate orders for the duration of the support of the child; or 2. the child(ren)’s parents have agreed to continue support beyond that time required by law pursuant to a separation agreement that was or is incorporated into a decree of divorce or dissolution. All orders establishing or modifying a child support order shall contain the following language: Pursuant to Ohio Revised Code §3119.86, this child support order will remain in effect beyond the age of eighteen (18) as long as the child continuously attends any recognized and accredited high school on a full time basis. Support will continue during seasonal vacations until the order terminates. Nevertheless, no current obligation for support will remain in effect beyond the child’s attainment of the age of nineteen (19) subject to the continuing jurisdiction of the Court. In the event the child is not attending an accredited high school, support will terminate upon the child’s eighteenth (18th) birthday.

CRITICAL

Applies to

Child support order

Orders establishing or modifying child support must include the specified identifying, support, deviation, arrearage, payment, duration, notice, insurance, and medical-expense information, subject to the stated Schedule B exception.

C. All Orders establishing or modifying a child support order shall contain the following information, as required by Ohio Statute which requirements may change periodically. 1. The name, date of birth and social security number (last four digits) of the support obligee; 2. The name, date of birth and social security number (last four digits) of the support obligor; 3. The guideline child support amount; 4. The overnight parenting time deviation. For purposes of calculation of child support per the guidelines, the adoption of Schedule A (Parenting Time Guidelines for Travel Distances Under 150 Miles One Way) shall meet the ninety (90) day overnight requirement for deviation as required by statute. The adoption of Schedule B (Parenting Time Guidelines for Travel Distances Over 150 Miles One Way) shall meet the ninety (90) day overnight requirement for deviation as required by statute, unless otherwise indicated by court order. 5. Other deviation factors; 6. Arrearages; 7. The method to secure support payments; 8. Duration and termination of support and required Notices; 9. Health insurance coverage, including availability of private health insurance coverage and health insurance obligor; 10. Cash medical support and payment of children’s medical expenses.

CRITICAL

Applies to

Support order

A copy of the worksheet must be attached to every order establishing or modifying a support obligation, including temporary orders.

D. A copy of the worksheet shall be attached to all orders establishing or modifying a support obligation, including temporary orders.

CRITICAL

Applies to

Final order

Final orders must state whether temporary-order support arrears will carry forward; arrears not specifically reserved are waived.

F. All final orders shall state whether any arrears accruing from temporary orders for support shall be carried forward. Failure to specifically reserve the carryover of arrears shall result in those arrears being waived.

CRITICAL

Applies to

Child support order

Must include

certificate of service

Orders establishing or modifying a child support obligation must include a certificate of service confirming that a file-stamped copy of the judgment entry was provided to the county Child Support Enforcement Agency.

G. All orders establishing or modifying a child support obligation shall contain a certificate of service certifying that a file-stamped copy of the judgment entry has been provided to the county Child Support Enforcement Agency.

CRITICAL

Applies to

Support order

Every support order must identify who is responsible for the children’s health care and provide for health insurance for the minor children.

In accordance with Ohio Revised Code 3119.30, every support order shall include a determination of the person or persons responsible for health care of children, to include an appropriate order for provision and maintenance of health insurance for the minor children) of the parties.

CRITICAL

Applies to

Court order

A court order may not treat either party’s provision of Medicaid as satisfying the health-care and insurance requirement.

No court order shall specify the provision of Medicaid by either party as satisfying this requirement.

CRITICAL

Applies to

Support order

If substantially similar information is not in the support order, Schedules C and D must be completed and included with it.

If not contained in the body of the support order in substantially similar form, schedules C and D shall be completed and included in every support order issued by the Court.

CRITICAL

Applies to

Guardian ad litem appointment order

When the Court appoints a Guardian ad Litem, it must issue an appointment order using the attached Court Order #2 form and including the specified required items.

An order of appointment shall be issued when a Guardian ad Litem is appointed by the Court, as provided in the form attached to these Rules as “Court Order #2,” issued pursuant to Rule 48.02(A) of the Ohio Rules of Superintendence, which shall include, but not be limited to, the items set in Sup.R. 48.02(A) and the following:

CRITICAL

Applies to

Guardian ad litem report

When issued, a Guardian ad Litem report must include the prescribed language in bold print.

The requirement that the Guardian ad litem report, when issued shall contain the following language in bold print: This report is being provided to the Court, unrepresented parties, and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any other’ disclosure of the report must he approved in advance by the Court. Unauthorized disclosure of the report in any fashion through any means including, but not limited

CRITICAL

Applies to

Cover sheet

When providing the report to unrepresented parties and counsel of record, the Guardian ad Litem must attach a NOTICE cover sheet containing the specified language in bold print at 22-point font or larger.

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.

CRITICAL

Applies to

Guardian ad litem report

Each Guardian ad Litem report must include the specified language in the body of the report.

Each report shall contain the language referred to above in paragraph (C)(2) of this rule in the body of the report.

CRITICAL

Applies to

Guardian ad litem report

When providing the report to parties or counsel, the Guardian ad Litem must attach the required cover sheet.

In addition, the Guardian ad Litem shall attach the cover sheet required above in Paragraph (C)(3) to the report when providing it to parties or counsel.

CRITICAL

Applies to

Guardian ad litem report

The Guardian ad Litem must file the report with the Clerk of Courts for placement in the family file.

A Guardian ad Litem shall file his/her report with the Clerk of Courts to be placed in the family file.

CRITICAL

Applies to

Clerk notice

When the report is submitted for filing, the Clerk must place a Notice in the public file stating the filing date.

At the time the report is submitted for filing, the Clerk shall file a Notice in the public file stating the date that the Guardian ad Litem report has been filed.

CRITICAL

Applies to

Guardian ad litem report

A volunteer Guardian ad Litem must submit reports to the Court with distribution instructions.

A volunteer Guardian ad Litem shall submit his/her reports to the Court with instructions as to distribution.

CRITICAL

Applies to

Judgment entry

All judgment entries must be submitted to the Guardian ad Litem for approval.

All judgment entries shall be submitted to the Guardian ad Litem for approval.

CRITICAL

Applies to

Guardian ad litem application

Attorney Guardian ad Litem applicants must provide an insurance cover sheet indicating current malpractice coverage.

For attorney Guardians ad litem, a copy of his or her malpractice insurance cover sheet, indicating current malpractice coverage.

CRITICAL

Applies to

Guardian ad litem application

Attorney Guardian ad Litem applicants must provide proof of the preservice education required for their applicable training or list date: 6 hours for those trained on or before December 31, 2020, and 12 hours for those on the list on or after January 1, 2021.

For attorney Guardians ad litem trained on or before December 31, 2020, proof of completion of the required 6-hour preservice education. For those on the list on or after January 1, 2021, proof of completion of the required 12-hour preservice education.

CRITICAL

Applies to

Guardian ad litem application

CASA Guardian ad Litem applicants must provide proof of completion of the education required to become a CASA.

For Court Appointed Special Advocate (CASA) Guardians ad litem, proof of completion of the required education to become a CASA.

CRITICAL

Applies to

Guardian ad litem application

All Guardian ad Litem applicants must provide a resume or information sheet describing their training, experience, and expertise relevant to performing the role.

For all applicants, a resume or information sheet setting forth the applicant’s training, experience, and expertise demonstrating the ability of the applicant to successfully perform the responsibilities of a Guardian ad litem.

CRITICAL

Applies to

Guardian ad litem application

CASA Guardian ad Litem applicants must provide a copy of the criminal and civil background check and related fitness investigation collected by the Northwest Ohio CASA program.

For CASA Guardians ad litem, a copy of the criminal and civil background check and investigation of information relevant to the fitness of the applicant collected by the Northwest Ohio CASA program.

CRITICAL

Applies to

Guardian ad litem application

Attorney Guardian ad Litem applicants must provide a statement of good standing from the Ohio Supreme Court.

For attorney Guardians ad litem, a statement of good standing from the Ohio Supreme Court.

CRITICAL

Applies to

Guardian ad litem annual documentation

Guardians ad Litem must provide annual documentation showing compliance with preservice and continuing education requirements.

Annual documentation indicating compliance with pre-service and continuing educational requirements.

CRITICAL

Applies to

Guardian ad litem annual certification

Each Guardian ad Litem must annually certify that they are unaware of circumstances that would disqualify them from serving.

Annual certification by each Guardian ad litem that he or she is unaware of any circumstances that would disqualify them from serving.

CRITICAL

Applies to

Guardian ad litem file

Each Court must maintain files for applicants and approved Guardians ad Litem containing required selection and service records, including proof of training and records of comments or complaints and their disposition.

Upon receipt of the information set forth above in paragraph N, each Court shall maintain files for all applicants and for individuals approved for appointment as Guardians ad litem with the court. The files shall contain all records and information required by Sup. R. 48 through 48.07 and by this rule for the selection and service of Guardians ad litem, including a certificate or other satisfactory proof of training requirements and a written record of the nature and disposition of any comment or complaint made regarding the Guardian ad litem.

CRITICAL

Applies to

Neutral evaluation report

The evaluator’s report to the court must state whether the evaluation concluded and whether there was no agreement or a full or partial settlement, and must contain no additional information.

At the conclusion of a neutral evaluation, the evaluator(s) shall report to the court whether the evaluation has been concluded and whether no agreement or a full or partial settlement has been reached. No additional information shall be contained in the report.

CRITICAL

Applies to

Appointment order

When ordering parenting coordination, the court or division must issue an appointment order containing the listed information and provisions.

When ordering parenting coordination, the court or division shall issue an appointment order that does all of the following: a) Includes the name and contact information of the parenting coordinator and outlines the definition and purpose of the parenting coordinator; b) Specifies the scope of authority of the parenting coordinator; c) Sets forth the term of the appointment; d) Allocates the responsibility for fees and expenses related to parenting coordination; e) Addresses procedures for decision-malting of the parenting coordinator; f) Addresses procedures for objections to parenting coordinator decisions; g) Addresses other provisions as the court considers necessary and appropriate; h) Orders the parties to contact the parenting coordinator within the time period specified by the court.

CRITICAL

Applies to

Qdro

Unless otherwise agreed or ordered, counsel for the alternate payee must prepare the QDRO for submission to the Court.

Unless otherwise agreed or ordered, counsel for the alternate payee entitled to the pension or retirement plan, or a portion thereof, shall prepare the Qualified Domestic Relations Order (“QDRO”) for submission to the Court.

CRITICAL

Applies to

Qdro

When the parties agree to divide a pension or retirement program by QDRO, the parties or their counsel must sign and approve the original and any subsequent QDRO submitted to the Court, unless the Court waives signature.

Whenever the parties agree to divide a pension or retirement program by a QDRO, they or their counsel shall sign and approve the original of a QDRO submitted to the Court and shall sign and approve any subsequent QDRO submitted to the Court, unless signature is waived by the Court.

CRITICAL

Applies to

Qdro

Unless otherwise agreed or ordered, a defined-benefit-plan QDRO must provide that the alternate payee’s benefits are independent of the participant’s benefits.

Unless otherwise agreed or ordered, a QDRO for a defined benefit plan shall contain the following provisions or shall be governed by the following assumptions: 1. The QDRO will be a separate interest QDRO, meaning the alternate payee’s benefits shall be independent of those of the participant;

CRITICAL

Applies to

Qdro

Unless otherwise agreed or ordered, the division of benefits in a defined-benefit-plan QDRO must be based on Hoyt v. Hoyt and its progeny.

Unless otherwise agreed or ordered, a QDRO for a defined benefit plan shall contain the following provisions or shall be governed by the following assumptions: 2. The division of benefits shall be based on the language of the case of Hoyt v. Hoyt, 53 Ohio St. 3d 177 (1999), and its progeny;

CRITICAL

Applies to

Qdro

Unless otherwise agreed or ordered, a defined-benefit-plan QDRO must include temporary and supplemental benefits and all early retirement subsidies, with recalculation to reflect the subsidy if the alternate payee begins receiving benefits before the participant retires.

Unless otherwise agreed or ordered, a QDRO for a defined benefit plan shall contain the following provisions or shall be governed by the following assumptions: 3. The benefits assigned to the alternate payee shall include any and all temporary and supplemental benefits. Further, the benefits, as assigned to the alternate payee, shall include all early retirement subsidies and, should the alternate payee commence receipt of the benefits prior to participant’s retirement, the alternate payee’s benefits will be recalculated to reflect the subsidy;

CRITICAL

Applies to

Qdro

Unless otherwise agreed or ordered, a defined-benefit-plan QDRO must deem the alternate payee the participant’s surviving spouse to the extent of assigned benefits for a preretirement survivor annuity.

Unless otherwise agreed or ordered, a QDRO for a defined benefit plan shall contain the following provisions or shall be governed by the following assumptions: 4. The alternate payee will be deemed to be the surviving spouse of the participant to the extent of benefits assigned for the purpose of a preretirement survivor annuity;

CRITICAL

Applies to

Qdro

Unless otherwise agreed or ordered, a defined-benefit-plan QDRO must divide benefits as of the date of the final dissolution hearing or the date the final divorce hearing concludes.

Unless otherwise agreed or ordered, a QDRO for a defined benefit plan shall contain the following provisions or shall be governed by the following assumptions: 5. The division of the benefits will be made as of the date of final hearing of dissolution or as of the date upon which the final hearing of divorce concludes.

CRITICAL

Applies to

Final judgment entry

A final judgment entry in any case involving a QDRO must include the specified jurisdiction-reservation and final-appealable-order language.

In all cases in which a Qualified Domestic Relations Order is to be issued, the final judgment entry shall contain the following language: The Court retains jurisdiction with respect to the Qualified Domestic Relations Order to the extent required to maintain its qualified status and the original intent of the parties. The Court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein, including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order. Notwithstanding the reservation of jurisdiction to insure that the domestic relations order is qualified, this is a final appealable order.

CRITICAL

Applies to

Qdro

Counsel or a self-represented party must place the required notice in bold after the QDRO's last page, directing the Plan Administrator to file notice of qualification with the Clerk of Courts.

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.

CRITICAL

Applies to

Division of property order

Unless the parties agree otherwise or the Court orders otherwise, counsel for the alternate payee must prepare the DOPO for submission.

Unless otherwise agreed or ordered, counsel for the alternate payee entitled to the state pension or retirement plan, or a portion thereof, shall prepare the Division of Property Order (“DOPO”) for submission to the Court.

CRITICAL

Applies to

Division of property order

When the parties agree to divide a state pension or retirement program by DOPO, the parties or their counsel must sign and approve the original and any subsequent DOPO submitted to the Court, unless the Court waives the signature.

Whenever the parties agree to divide a state pension or retirement program by a DOPO, they or their counsel shall sign and approve the original of a DOPO submitted to the Court and shall sign and approve any subsequent DOPO submitted to the Court, unless signature is waived by the Court.

CRITICAL

Applies to

Division of property order

The DOPO must contain the provisions approved in the listed statute that applies to the particular state retirement plan.

A DOPO shall contain those provisions approved in Sections 145.571, 742.462, 3305.21, 3307.371, 3309.671 or 5505.261, whichever is applicable to the particular state retirement plan.

CRITICAL

Applies to

Final judgment entry

When a DOPO will issue, the final judgment entry must include the specified jurisdiction-retention language.

In all cases in which a DOPO is to be issued, the final judgment entry shall contain the following language: The Court retains jurisdiction with respect to the Division of Property Order to the extent required to maintain its qualified status and the original intent of the parties. The Court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein, including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order. Notwithstanding the reservation of jurisdiction to insure that the Division of Property Order is qualified, this is a final appealable order.

CRITICAL

Applies to

Division of property order

The DOPO must end with the specified Plan Administrator notice, requiring written verification of qualification to the appropriate county Clerk of Courts.

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. NOTICE TO PLAN ADMINISTRATOR THIS DIVISION OF PROPERTY ORDER HAS BEEN SERVED UPON YOU. PLEASE PROVIDE WRITTEN VERIFICATION OF ITS QUALIFICATION TO (choose correct jurisdiction): Defiance County Clerk of Courts Fulton County Clerk of Courts 221 Clinton 210 S Fulton St #102 Defiance OH 43512 Wauseon OH 43567 Case Number: Case Number; Henry County Clerk of Courts Williams County Clerk of Courts 660 North Perry Suite 302 One Courthouse Square, 3rd Floor PO Box 71 Bryan OH 43506 Napoleon OH 43545 Case Number: Case Number:

CRITICAL

Applies to

Motion

A request for drug testing must be made by motion with a supporting affidavit.

A request for drug testing shall be made in the form of a motion with supporting affidavit.

CRITICAL

Applies to

Investigation order

Upon request of a party or at the court’s discretion, the court may issue an order requiring an investigation described above in paragraph A and appointing an investigator to complete the investigation. The order shall specify the information being sought through the investigation.

Upon request of a party or at the court’s discretion, the court may issue an order requiring an investigation described above in paragraph A and appointing an investigator to complete the investigation. The order shall specify the information being sought through the investigation.

CRITICAL

Applies to

Investigation order

An investigation order must state how investigation costs will be divided.

The order issued shall indicate how the costs for the investigation shall be divided.

CRITICAL

Applies to

Investigation report

The investigation report must include the specified notice in bold print in its body.

The report shall include the following NOTICE in BOLD print in the body of the report:

CRITICAL

Applies to

Investigation report

The investigation report must be signed by the investigator.

The report shall be signed by the investigator

CRITICAL

Applies to

Public notice

When the investigation report is submitted for filing, the clerk must file a public notice stating its filing date.

At the time the report is submitted for filing, tire clerk shall file a notice in the public file stating the date that the report of the investigation has been filed.

CRITICAL

Applies to

Investigation report

A cover sheet containing the Rule 18.01(D) notice must accompany the report when it is sent to counsel or unrepresented parties.

When die report is sent to the attorney(s) and/or unrepresented parties, a cover sheet containing the NOTICE stated in Paragraph D above shall be attached to the report.

CRITICAL

Applies to

Custody evaluator order of appointment

When appointing a custody evaluator, the court must enter an order containing the specified evaluator, appointment, reporting, fee, safety, access, and cooperation information.

Order of appointment. The court, when appointing a custody evaluator pursuant to division (A) above shall enter an order of appointment that includes all of the following information: a) The name, business address, licensure, and telephone number of the evaluator; b) The purpose and scope of the appointment; c) The term of the appointment; d) A provision that a written report is required and oral testimony may be required; e) Any deadlines pertaining to the submission of reports to the court, including the dates of any pretrial, settlement conference, or trial associated with the furnishing of reports; f) A provision for payment of fees, expenses, and any hourly rate or fee that will be charged; g) Any provision the court deems necessary to address the safety and protection of all parties, the children of the parties, any other children residing in the home of a party, and the person being appointed; h) A provision that grants the custody evaluator the right to access information as authorized by the appointment; i) A provision that requires the parties to cooperate with the custody evaluator and provide information promptly when requested to do so. j) Any other provisions the court deems necessary.

CRITICAL

Applies to

Custody evaluator report

The custody evaluator’s report must analyze the parties’ relative strengths and areas for improvement and compare the parenting or companionship plans under consideration.

The report shall provide a detailed analysis of the relative strengths and areas in need of improvement of the parties with respect to meeting the needs of the child as well as a comparative analysis of different parenting or companionship plans under consideration.

CRITICAL

Applies to

Custody evaluator report

The custody evaluator’s written report must include the specified disclosure statement in bold.

The written report shall include the following statement in bold: This document is being provided to the court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of this report to another person, without prior approval, shall be subject to court action, including penalties for contempt which include incarceration and fines.

CRITICAL

Applies to

Custody evaluator report

A cover sheet containing the notice stated in Paragraph D must accompany the report when it is sent to counsel or unrepresented parties.

When the report is sent to the attorney(s) and/or unrepresented parties, a cover sheet containing the NOTICE stated in Paragraph D above shall be attached to the report.

CRITICAL

Applies to

Bond application

A defendant seeking release on an O.R. bond must sign a written bond application.

Any defendant seeking release upon a recognizance (O.R.) bond shall be required to sign a written bond application.

CRITICAL

Applies to

Property bond

For a property bond, the defendant’s attorney or the surety’s attorney must provide the Clerk of Courts with a title search containing the specified property information and a court-approved appraiser’s real-estate appraisal.

In all criminal cases where the defendant posts a property bond, his attorney or an attorney for the surety whose property is being used to secure the bond must provide the Clerk of Courts with a title search certifying the following: a short description of the property, the names that appear on the deed, the true value of the property as shown on the records in the County Auditor's Office and whether there are any liens on file against the property, together with an appraisal of the real estate prepared by an appraiser approved by the Court.

CRITICAL

Applies to

Appointment request

Attorneys seeking felony counsel appointments must verify regulatory compliance and submit a written appointment request with the Appointed Counsel Compliance Form for judicial review before appointment.

All attorneys seeking felony counsel appointments must verify compliance with Ohio Administrative Code Chapter 120-1-10. A written request to be appointed along with the Appointed Counsel Compliance Form (See Appendix C) shall be submitted to the Court Administrator for review by the Judge prior to any appointments as legal counsel.

CRITICAL

Applies to

Affidavit of indigency financial disclosure

Appointed counsel must file the court-provided Affidavit of Indigency/Financial Disclosure with the Clerk of Courts within 15 days of 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.

CRITICAL

Applies to

Petition

The petitioner must file the completed Electronic Petition together with the Notice to Court of Petition (Appendix D).

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.

CRITICAL

Applies to

Notice

The Notice to Court of Petition must include the DRC Electronic Petition Number.

The Petitioner shall include the DRC Electronic Petition Number on the Notice.

CRITICAL

Applies to

Petition

Petitions submitted through the DRC must include electronic access to the CQE Summary.

E. All Petitions submitted through the DRC shall include electronic access to the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).

CRITICAL

Applies to

Court appointed counsel compliance form

Applicants for court-appointed counsel must submit a current malpractice insurance certificate with the compliance form.

In order to be appointed, you must submit a current certificate of malpractice insurance with this form.

CRITICAL

Applies to

Court appointed counsel compliance form

The court-appointed counsel form requires the applicant to certify review of OAC 120-1-10, acceptance of appointments under that section, and an agreement to notify the court if no longer qualified.

I certify that I have reviewed Ohio Administrative Code 120-1-10 and I will accept appointments as provided by this section. I further agree to inform the Court if I am not qualified within OAC 120-1-10 to accept further appointments, http://codes.ohio.gov/oac/120-l-10vl

CRITICAL

Applies to

Petition for certificate of qualification for employment

The DRC Electronic Petition number is required before filing.

DRC Electronic Petition No. (required before filing)

CRITICAL

Applies to

Guardian ad litem report

A written GAL report must confirm the GAL’s responsibilities were met, detail the information considered, and include the specified disclosure statement in bold.

13. A written GAL report shall affirmatively state that the GAL’s responsibilities have been met and shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted, and all other relevant information considered by the GAL in reaching the GAL’s recommendations and in accomplishing the duties required by statute, court rule, and in the Order of Appointment. The report shall include the following statement in bold print as required by local rule; This report is being provided to the Court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the Court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of the report to another person, without prior approval, shall be subject to Court action including penalties for contempt which include incarceration and fines.

CRITICAL

Applies to

Guardian ad litem report

When providing the report to unrepresented parties and counsel of record, the GAL must attach a cover sheet titled NOTICE containing the required language.

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.

CRITICAL

Applies to

Interim fee motion

When GAL fees exceed $2,500, the GAL must file an interim-fee motion that includes a detailed description of services rendered and is served on all parties.

At any time the fees of a guardian ad litem exceed $2,500.00, the guardian ad litem shall file a motion for interim fees, served upon all parties, which must include a detailed statement and description of rendered services.

CRITICAL

Applies to

Motion for payment

At the conclusion of the GAL’s responsibilities, the GAL must provide the Court with a payment motion containing an itemized statement and accounting and send a copy to each party or other entity responsible for payment.

Upon the conclusion of his or her responsibilities, the GAL shall provide a motion for payment with an itemized statement and accounting to the Court, with a copy to each party or other entity responsible for payment.

CRITICAL

Applies to

Investigation report

The Investigator must include the specified notice in bold within the body of the report.

The Investigator shall include the following NOTICE in BOLD print within the body of then- report: This document is being provided to the Court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the Court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of the report to another person, without prior approval, shall be subject to Court action including penalties for contempt which include incarceration and fines.

CRITICAL

Applies to

Custody evaluation report

The custody evaluator must include the specified notice in bold within the body of the report.

Custody Evaluator shall include the following NOTICE in BOLD print within the body of their report: This report is being provided to the Court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the Court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of the report to another person, without prior approval, shall be subject to Court action including penalties for contempt which include incarceration and fines.

CRITICAL

Applies to

Motion for payment

A motion for payment must itemize the duties performed, time expended, and costs and expenses.

The motion for payment shall contain an itemized list of duties performed, time expended, and costs and expenses.

WARNING

Applies to

Motion

Supporting documentation for the health-care-bill contempt motion must be presented at the motion hearing.

The supporting documentation shall be presented at the motion hearing.

WARNING

Applies to

Judgment entry or order

Counsel who does not object must sign and return the entry or order; counsel who disagrees must prepare and submit an entry with proposed modifications to preparing counsel.

4. If counsel to whom the entry or order has been sent does not object, then he/she shall sign the entry and return it to the preparing counsel. If counsel does not agree with the submitted entry or order, he/she shall prepare and submit the original to preparing counsel, an entry with proposed modification.

WARNING

Applies to

Final appealable order

If counsel wants an additional copy placed in the Clerk's office mailbox, counsel must submit an extra copy as required by Local Rule 3.01(C) and note the requested special delivery.

If counsel desires the Clerk to provide an additional copy in their mailbox in the Clerk's office, counsel will submit an additional copy to those required in Local Rule 3.01(C) noting thereon the special delivery requested.

WARNING

Applies to

Attorney fee request

When attorney fees are to be awarded, the Court may require counsel to provide an itemized statement of hours worked and expenses.

In any case where attorney fees are to be awarded, counsel may be required to provide to the Court an itemized statement showing the hours worked and a detailed accounting of expenses.

WARNING

Applies to

Court order

The Court will adopt Schedule C’s standard order on insurance and expenses unless the parties submit a different order that the Court approves.

Schedule C sets out the standard Court order for insurance and payment of expenses and will be adopted by the Court unless a different order is submitted by the parties and approved by the Court.

WARNING

Applies to

Agreement

If a lull or partial agreement is reached, the evaluator may require it to be put in writing and submitted to the court, and may assist self-represented parties in preparing it.

If a lull or partial agreement is reached, the evaluator(s) may require the agreement to be reduced to writing and submitted to the court. If the parties are self-represented, the evaluator may assist the parties in reducing their agreement to writing before directing the parties to submit the same to the court.

WARNING

Applies to

Division of property order

The DOPO must be prepared as soon as possible after the final hearing for submission to the Court.

The DOPO shall be prepared as soon as possible following the final hearing for submission to the Court.

WARNING

Applies to

Investigation report

The investigator may not opine on child care and may report only findings on issues specified in the appointment order.

The investigator shall not render an opinion as to the care of children and may only report the investigator’s findings on the issues outlined in the order of appointment.

WARNING

Applies to

Notice to court of petition for certificate of qualification for employment

The notice indicates that the completed Electronic Petition is attached as Exhibit A.

The undersigned hereby petitions this Court for a Certificate of Qualification for Employment (see completed Electronic Petition attached as Exhibit A).

WARNING

Applies to

Motion for payment

In addition, at any time prior to the conclusion of a case, the GAL may submit a motion for payment. The motion for payment shall contain an itemized list of duties performed, time expended, and costs and expenses.

In addition, at any time prior to the conclusion of a case, the GAL may submit a motion for payment. The motion for payment shall contain an itemized list of duties performed, time expended, and costs and expenses.

WARNING

Applies to

Investigation report

The investigator’s report must be limited to findings on the issues outlined in the Order and must not contain an opinion on the care of children.

The investigator shall not render an opinion as to the care of children and may only report the investigator’s findings on the issues outlined in this Order.

INFO

Applies to

Attorney fee request

Attorneys requesting fees in a partition action need not provide the itemized statement when the requested amounts fall within the stated guidelines.

Attorneys requesting fees in a partition action are not required to provide an itemized statement as set forth in (B) above if the amounts fall within the following guidelines:

INFO

Applies to

Custody evaluator report

An attorney is permitted to share the report’s contents with the attorney’s client or clients.

An attorney may share the contents of the report with his or her client(s).