Hardin County Court of Common Pleas, General & Domestic Relations Divisions
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Pretrial Memorandum
- 1 copy • No Later Than Seven Days Before Final Pretrial Conference
Adjournments
- An application to continue a status conference or final pretrial must be made to the Court by motion.
- A continuance based on a conflict will not be granted if this court set its hearing date before the other court designated the conflicting date.
- A continuance based on a conflict will be granted if this court set its hearing date after another court had set a hearing for the same date.
- +25 more
Request must include
- A continuance motion based on a conflicting court hearing must be filed at least ten days before the hearing and include the other court’s Assignment Notice.
- A conflict-based continuance or reassignment motion must attach the conflicting assignment and be filed immediately upon notice of the conflict and at least 30 days before the hearing; the first-set trial and criminal-over-civil priorities apply.
- A continuance requires a written application supported by evidence of good cause, generally filed at least seven days before the proceeding or hearing, and an order of the Judge or Magistrate.
Communication
Phone
Page & Word Limits2 rules
However, facsimile filings shall not exceed ten (10) pages in length, including exhibits.
Fax Filing
10 pages
Facsimile filing will only be accepted if the total number of pages is ten pages or less in length, including exhibits, per pleading.
Fax Filed Pleading
10 pages
Document Format Requirements12 rules
The attorney requesting a sale must type and file the order of sale with the Clerk, and the order must include the specified property and debt information.
Said Orders shall be typed by the attorney requesting the sale and filed with the Clerk, which Order shall contain the following minimal information: full legal description or the full property address and a summary of the property description which includes information on where to obtain the full legal description, with the permanent parcel number(s), amount due, interest due and date to which interest will continue to accrue.
Pleadings and documents must follow the specified cover, first-page, subsequent-page, and paper-format requirements; nonconforming filings may be stricken, except for the stated exhibit exception.
All pleadings and documents, other than original documents attached or offered as exhibits, present for filing with the Hardin County Juvenile Court shall be offered for filing without folders or covers and the first page of filings shall have a 3" unobstructed space at the top of the document for the Clerk to place a file stamp, all subsequent pages shall indicate the names of the case/parties, name of document, case number and page number. All pleadings and documents shall be one-sided and on 8.5" x 11" bond paper. The Court may strike documents for filing that do not conform to this Rule.
Filed papers must be typed or legibly handwritten on 8½-by-11-inch paper and leave at least three inches of blank space at the top right of the first page for the Clerk’s endorsement.
All pleadings, motions and all other papers filed in an action shall be typed or legibly handwritten upon 8 ½ x 11" paper with a blank space of at least three inches at the top of the right side of the first page for endorsement thereon by the Clerk, and shall be filed in accordance with the Civil Rules.
Upon completion of a transcript, the original transcript shall be filed with the Clerk of Courts and one electronic copy of the transcript shall be provided to counsel of record or, if pro se, the parties of record in a PDF format free of charge.
All electronically filed documents and pleadings or proposed orders for Court approval shall be filed with the Clerk in Portable Document Format (PDF).
A motion for a continuance, reassignment, or extension shall be in type or, if absolutely necessary, legibly printed in ink
Non legible forms may be stricken from the record upon discovery.
The court may accept computer-generated forms from the listed sources, and any such form printed two-sided must be in “tumble style” for binding at the top of its first side.
This court may accept computer-generated forms created by third party providers, forms as adopted by the court, or forms prepared by lawyers or others, provided the following conditions are met: A) If a form is printed two-sided, it shall be “tumble style” for binding at the top of the first side of the form.
Filings must be typed or, if absolutely necessary, legibly printed in ink and meet electronic-imaging criteria; blue ink is preferred, and illegible filings may be stricken.
All filings (including motions for continuance) shall be in typed or, if absolutely necessary, legibly printed in ink and meet the court’s criteria for electronic imaging. Blue ink for hand printing and signatures is highly preferred. Illegibly printed filings, in whole or in part may be stricken.
Parties may submit specified documents on a memory device in a format usable by the court’s word-processing system, and must do so if directed by the court.
In addition to filing written original documents, the parties may, or if the court directs, shall submit proposed entries, briefs, memoranda, jury instructions, or other documents on a memory device formatted in a manner which may be utilized by the court’s word processing system.
Filers must leave a marginal location at the top right of the first page of a document for date and time stamps. This space must be no less than 2 ½ inches wide and 1 inch high.
All electronically filed pleadings shall be formatted in accordance with the applicable rules governing formatting of paper pleadings.
Document Filing Requirements169 rules
Counsel for the party requesting marshaling, foreclosure, or judicial sale must prepare and file a preliminary judicial report with the Clerk of Courts.
In action for the marshaling and foreclosure of liens, and the judicial sale of real estate, or any action involving title to real estate, counsel for the party requesting such marshaling, foreclosure and/or judicial sale of real estate shall prepare and file with the Clerk of Courts a preliminary judicial report.
DocumentPreliminary Judicial Report
When a decree orders a real-estate sale, the requesting party or attorney must provide the specified updated title certification, identify applicable exceptions, and certify that necessary parties have been served and are before the Court.
Upon any decree subsequently issued which orders the sale of real estate, the party or attorney having requested said sale shall further certify: “the undersigned hereby certifies to the Common Pleas Court that the examination of title to the subject real estate has been extended to , to determine if any parties have acquired any interest therein subsequent to said previous examination and said examination discloses that, in the opinion of the undersigned, there are no such parties except parties to whom the doctrine of lis pendens applies,” also stating as further exceptions any such party not subject to lis pendens. Such certification shall also advise the Court that all necessary parties have been properly served and are before the Court.
DocumentCertification
When a judicial sale is contemplated, the requesting party or its attorney must endorse the specified ownership-and-parties certification on the pleading and identify any interested party not named.
In every action wherein a judicial sale of real estate is contemplated by the complaint or subsequent pleadings, the party praying for said sale or the attorney for the party praying for said sale shall endorse thereon the following certification: “The undersigned hereby certifies to the Common Pleas Court that an examination of the public records of Hardin County, Ohio, has been made to determine the ownership of the subject real estate and all parties who may claim an interest therein, and that, in the opinion of the undersigned, all parties have been named as parties to this action,” stating as exceptions any interested party not so named.
DocumentPleading
A proposed foreclosure judgment entry or order of sale must include the specified language governing access to the property for appraisal.
Any proposed Judgment Entry of Foreclosure/Order of Sale of real estate shall contain the following language relating to access to the subject property: “It shall be the responsibility of the attorney for the party who is prosecuting this foreclosure action to provide a key to the premises or to make other suitable arrangements with the Hardin County Sheriff’s Department for access to the property for appraisal purposes. The Court hereby ORDERS, ADJUDGES AND DECREES that the party who is prosecuting this foreclosure action and the Hardin County Sheriff’s Department should be and they hereby are authorized to use all reasonable means necessary or appropriate to gain access to the property for appraisal purposes, including but not limited to the retention of a locksmith. Expenses for gaining access to the property shall be taxed as costs.”
DocumentProposed Judgment Entry
Said order of sale shall also be accompanied by the Hardin County Sheriff’s Property Description Approval Form.
DocumentOrder Of Sale
An order of sale must state a full legal description or property address and summary, permanent parcel number(s), amount due, interest due, and the date through which interest will accrue.
Said Orders shall be typed by the attorney requesting the sale and filed with the Clerk, which Order shall contain the following minimal information: full legal description or the full property address and a summary of the property description which includes information on where to obtain the full legal description, with the permanent parcel number(s), amount due, interest due and date to which interest will continue to accrue.
DocumentOrder Of Sale
Upon completion of the appraisal as required by law, the appraisers shall submit their findings on an appraisal report prescribed by the Court.
DocumentAppraisal Report
The Sheriff shall cause the original of such report to be filed with the Court with a copy to be retained by the Sheriff.
DocumentAppraisal Report
The judgment entry must provide for payment from the sale proceeds of taxes, penalties, and assessments accrued through the date the confirmation entry is filed, with current-year amounts permitted to be estimated using current tax figures.
R. The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall include payment for real estate taxes, penalties and assessments accrued and payable up to the date of the confirmation entry, which amount can be an estimated amount for the current tax year as calculated by reference to the current tax figures. In other words, taxes, etc. are payable from the proceeds of sale up to, and including, the date on which the confirmation entry is filed.
DocumentJudgment Entry Confirming Sale Ordering Deed And Distribution Of Sale Proceeds
The judgment entry must provide for the sheriff to pay the conveyance fee from the sale deposit at the stated rates.
Q. The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall include payment of the conveyance fee by the sheriff to the Hardin County Auditor to be paid from the sale deposit at the customary rate of $4.00 per/thousand dollars of the sale price and $.50 for each parcel.
DocumentJudgment Entry Confirming Sale Ordering Deed And Distribution Of Sale Proceeds
Every proposed Confirmation/Order of Distribution Entry must contain the specified certification.
S. Any proposed Confirmation/Order of Distribution Entry shall contain the following certification: “The undersigned hereby certifies to the Common Pleas Court that all proceedings herein have been in accordance with all applicable law and statutes in such cases provided.”
DocumentProposed Confirmation Order Of Distribution Entry
Oral arguments shall be considered waived unless any party requests oral arguments in writing, and the motion shall be considered submitted on the date scheduled for the hearing or any continuance of the hearing granted in writing by the Court.
DocumentOral Argument Request
When a Rule 52 request is made, all parties must submit proposed findings and conclusions within Rule 52’s time limits.
When a request for Findings of Fact and Conclusions of Law is made pursuant to Rule 52 of the Civil Rules of Practice, the Court shall require any and all parties to submit their proposed Findings of Fact and Conclusions of Law. Such request shall be made pursuant to Rule 52 and within the time limitations noted thereon.
DocumentProposed Findings Conclusions
In any memorandum accompanying such motion, counsel shall refer to specific paragraphs, lines, and pages of any pleading, interrogatories, affidavits, depositions or other documentary evidence which counsel wishes the court to consider.
DocumentMemorandum
All journal entries settling cases shall state which party will pay the costs, and said entry will not be filed by the Clerk until all costs are paid.
DocumentSettlement Journal Entry
The clerk will not accept a complaint seeking a determination of a parent-child relationship unless it is accompanied by the specified IV-D Application or an attorney certification of its submission to the agency; Child Support Enforcement Agency complaints are excepted.
The Clerk of this Court shall not accept any complaints, other than those filed by the Child Support Enforcement Agency, that request the determination of the existence or non-existence of a parent and child relationship unless the Complaint is accompanied by a "IV-D Application" as shown in Appendix C (see attached), prepared by the attorney or the party filing the Complaint, or an attorney certification that such has been sent to with the Hardin County Child Support Enforcement Agency.
DocumentParentage Complaint
Attorneys are required to prepare a Judgment Entry based upon the Magistrate's Decision or upon the Court's Order on objections.
DocumentJudgment Entry
Unless an emergency situation exists, as determined by the Court, based upon supporting affidavits, no ex-parte orders will issue, except reciprocal, mutual restraining orders following the language in Rule 31, below, for which no affidavits are necessary.
DocumentEx Parte Order
All Judgment Entries for cases being handled by the Magistrate must first be approved by the Magistrate before being submitted to the Judge.
DocumentJudgment Entry
Post decree motions shall contain the exact language of the original order sought to be changed, the change requested, and a complete and accurate statement of the movant's reasons and/or basis for change, as well as a citation to pertinent Ohio Revised Code Sections. Failure to supply this information may result in the motion being dismissed.
DocumentPost Decree Motion
D. If attendance at the Parenting Seminar is ordered, the attendance certificate must be filed by the date of the final Pre-Trial.
DocumentParenting Seminar Attendance Certificate
Motions invoking continuing jurisdiction in post-paternity and related matters must be written and filed in the original action, with movant-provided Clerk instructions for serving notice on all parties under Civil Rules 4 through 4.6.
All motions to invoke the continuing jurisdiction of the Court in all post-paternity matter and other matters relating thereto, such as parental rights and responsibilities, shall be made by written motion filed in the original action. Said motions shall be accompanied by instructions to the Clerk for service of notice on all parties as set forth in Civ. R. 4 through 4.6, incl. by the movant.
DocumentMotion To Invoke Continuing Jurisdiction
1. Specifically state the basis for the contempt citation, including the alleged contemnor's conduct and the order alleged to have been violated.
DocumentMotion Requesting Contempt Citation
2. Contain notice of hearing and after filing shall be submitted to the assignment commissioner for scheduling.
DocumentMotion Requesting Contempt Citation
A motion requesting a contempt citation must include the specified warning and notice language verbatim.
3. Include the following language: FAILURE TO APPEAR MAY RESULT IN THE ISSUANCE OF AN ORDER OF ARREST AND IN THE ISSUANCE OF AN ORDER FOR PAYMENT OF SUPPORT BY WITHHOLDING AN AMOUNT FROM YOUR PERSONAL EARNINGS OR BY WITHHOLDING OR DEDUCTION AN AMOUNT FROM SOME OTHER ASSET YOU MAY OWN. YOU HAVE THE RIGHT TO COUNSEL AND IF YOU BELIEVE YOU ARE INDIGENT YOU MAY APPLY FOR COURT APPOINTED COUNSEL WITHIN THREE (3) BUSINESS DAYS AFTER YOUR RECEIPT OF THIS SUMMONS. THE COURT MAY REFUSE TO GRANT A CONTINUANCE AT THE TIME OF THE HEARING FOR THE PURPOSE OF YOUR OBTAINING COUNSEL, IF YOU FAIL TO MAKE A GOOD FAITH EFFORT TO RETAIN COUNSEL PRIOR TO THE HEARING. IF YOU ARE FOUND GUILTY OF CONTEMPT, THE COURT MAY IMPOSE ANY OF THE FOLLOWING PENALTIES (Ohio Revised Code Section 2705.05 (A): (1) FOR A FIRST OFFENSE, A FINE OF NOT MORE THAN $250.00, A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 30 DAYS IN JAIL, OR BOTH; (2) FOR A SECOND OFFENSE, A FINE OR NOT MORE THAN $500.00, A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 60 DAYS IN JAIL, OR BOTH; (3) FOR A THIRD OR SUBSEQUENT OFFENSE, A FINE OF NOT MORE THAN $1,000.00, A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 90 DAYS IN JAIL, OR BOTH.
DocumentMotion Requesting Contempt Citation
Judgment entries in paternity matters and related matters must include the specified signatures and magistrate recommendation and approval, and must recite waiver of the magistrate’s decision when appropriate.
A. All judgment entries in this Court in paternity matters or other matters relating thereto shall contain the approval of the judgment entry by signature of both parties and/or their attorneys and a recommendation and approval of such judgment entry by the magistrate. In addition thereto such judgment entry shall recite the waiver of such decision by the magistrate, when appropriate.
DocumentJudgment Entry
2. Requirements contained in Section 3121.28, 3121.51, 3121.52 and 3121.53 of the Ohio Revised Code, including the provisions that all support orders shall be in monthly support obligation for all children of the parties, rather than a weekly per child order.
DocumentChild Support Judgment Entry
B. Judgment entries shall dispose of all matters prayed for in the proceedings including, costs, interest, and attorney fees, if applicable.
DocumentJudgment Entry
C. Judgment entries which initiate child support shall include or have attached thereto: 1. The Orders, as applicable, which are contained in Section 3121.01 et seq. of the Ohio Revised Code. The wording contained in Appendix D should be used, if applicable.
DocumentChild Support Judgment Entry
All orders allocating parental rights and responsibilities must contain the specified provisions concerning the parties’ conduct, communication, school and health information, and the children’s religious practices.
D. The following language is required in all orders pertaining to the allocation of parental rights and responsibilities. 1. The plaintiff/defendant/petitioner will, in spite of his/her differences with the other party, discuss with him/her matters pertaining to the children's welfare, health and education, knowing full well that the general welfare of said children is of paramount importance. 2. Each of the parties shall encourage the children to respect, honor and love the other party, and neither party shall use the children to solve differences between themselves. 3. As residential parent, the plaintiff/defendant/petitioner shall: a. Take any necessary action with the school authorities of the schools in which the children are enrolled to: (1) List the other party as a parent of the child. (2) Authorize the school to release to the other party any and all information concerning the children. (3) Make sure that the other party receives copies of any notices regarding the children. b. Promptly transmit to the other party any information received concerning parent teacher meetings, school club meetings, school programs, athletic, etc. c. Promptly after receipt of same, furnish to the other party a photocopy of the children's grade report cards and copies of any other reports concerning the children's status or progress. d. Notify the other party of when to make appointments for parent-teacher conferences. e. Promptly inform the other party of any illness of the children which shall require medical attention. 4. Further, open and free communication between the children and the other party shall be encouraged and neither party shall do anything to impede or restrict communications by any method between the children and the other party. The communication between the children and the other party shall be kept confidential and shall not be opened or read by the party to whom the mail was not addressed. 5. Both parties shall refrain from criticizing the other parent in the presence of the children. Neither parent shall encourage the children to call anybody other than biological parent "Mom, Dad", or an equivalent. 6. Neither of the parties shall attempt to modify the religious practices of the children without first having consulted each other and the Court.
DocumentParental Rights Allocation Order
E. In all matters involving children, the requisite order regarding health insurance coverage shall be a part of the final order.
DocumentFinal Order
When Rules 26 and 27 are ordered, the entry must include the rules or a certification identifying the version and confirming each party received an accurate copy; the certification must be signed by counsel, if any, and the party, while attaching the rules requires prior Court approval.
In each case in which Hardin County Common Pleas Court, General Division, Rules 26 and 27 is the order of the Court, there shall be, attached to the entry in which the order occurs, or a certification that each party has been provided with a true and accurate copy of the applicable parenting time rule, and which version of the rule is being used. The certification shall be signed by counsel for the party, if any, and by the party acknowledging receipt of the rule. (See Appendix G) Hardin County Common Pleas Court, General Division, Rules 26 and 27 may be attached to an entry with prior approval of the Court.
DocumentEntry
All objections to such proposed judgment entry shall be in writing and may be answered in writing.
DocumentJudgment Entry Objection
Counsel must prepare and submit a judgment entry within 14 days after judgment, unless the Court allows more time, and opposing counsel must approve or reject it within 14 days of receipt.
Counsel for the party in whose favor a judgment is rendered, or who is directed to do so by the court, shall, within fourteen (14) days thereafter, unless further time be given by the Court, prepare and submit a judgment entry to opposing counsel who shall approve or reject same within fourteen (14) days after its receipt.
DocumentJudgment Entry
Each exhibit filed under the fax rule must include a cover sheet or filing notice with the specified case and exhibit information.
Any exhibit filed pursuant to this rule shall include a cover sheet or notice of the filing that contains the caption of the case, i.e. sets forth the name of the Court, title of the case, the case number, name of the Judge or Magistrate and the title of the exhibit being filed (e.g., Defendant's Smith's Notice of Filing Exhibit "G" to Motion to Dismiss).
DocumentExhibit
The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.
DocumentExhibit
Each fax filing must be preceded by a cover page containing the listed case, filer, transmission, and document information.
Any fax copy filed shall conform to the Civil and Juvenile Rules and shall be preceded in transmission by a cover page, which includes the following information: a. Caption of the case b. Case number c. Assigned Judge/Magistrate d. Description of the document being filed e. Attorney name, address, Ohio Supreme Court registration number, telephone number and fax number f. Date and time of fax initiation g. Transmitting fax number h. Number of pages, including the cover page, being transmitted
DocumentFax Filing
A faxed document requiring a signature must include the source-document signature or use the specified /s/ notation and signer name.
Any document requiring a signature shall either contain the signature on the source document at the time of fax transmission or be submitted without the signature by the notation "/s/" followed by the name of the signing person where the signature appears in the signed source document.
DocumentFax Filing
An extraordinary-fees request must be submitted as a written motion with supporting information and documentation.
6. Requests for extraordinary fees shall be made by written motion, and shall be filed with supporting information and documentation NO LATER THAN THIRTY (30) DAYS after the final disposition date as defined in paragraph 5 of this rule.
DocumentExtraordinary Fees Motion
The requesting party shall be required to fill out the forms, have same notarized and file them with the Clerk of Courts prior to 2:30 p.m. daily.
DocumentPetition For Protection Order Forms
A petition for dissolution must be filed with the listed documents, including applicable support and IV-D materials.
All petitions for dissolution shall be commenced by the filing of the following document(s): 1. Petition with separation agreement. 2. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio, 3. Support worksheet, if applicable. 4. IV-D application, if applicable, with proof of filing with Child Support Enforcement Agency, hereinafter CSEA. 5. Case designation sheet. (See Appendix A)
DocumentPetition For Dissolution
A divorce complaint must be filed with the listed documents, including applicable support and IV-D materials and temporary-order papers if requested.
All complaints for divorce shall be commenced by the filing of the following document(s): 1. Complaint, 2. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio, 3. Support worksheet, if applicable, 4. IV-D application, if applicable, with proof of filing with CSEA 5. Motion for temporary orders, if requested and notice of hearing. 6. Case designation sheet. (See Appendix A)
DocumentDivorce Complaint
Answers and counterclaims must be filed with the listed accompanying documents, subject to the stated conditions.
All answers and counterclaims shall be filed with accompanying document(s): 1. Answer and/or counterclaim, 2. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio, 3. Support worksheet, if plaintiff’s is incorrect, 4. Motions for temporary orders, if not requested by plaintiff, and notice of hearing, 5. IV-D application, if not filed by plaintiff, with proof of filing with CSEA.
DocumentAnswer Or Counterclaim
A pretrial memorandum in a contested matter must include a case summary, witness list and expected testimony, proposed property settlement, whether custody and spousal support are issues and why, required discovery, and anticipated trial time.
In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed, with a courtesy copy to the Judge or Magistrate assigned to hear the case no later than seven (7) days prior to the date set for final pretrial conference and shall include the following. 1. A brief summary of the case. 2. A list of witnesses and what they will testify to. 3. A proposed property settlement. 4. Whether custody and spousal support are issues and why. 5. Discovery required. 6. The anticipated trial time required.
DocumentPretrial Memorandum
All judgment entries of child support shall have included therein, or attached thereto, a child support worksheet and a copy of Domestic Relations Exhibit A.
DocumentChild Support Judgment Entry
A final pretrial will be scheduled within thirty (30) days prior to the date set for final trial, or hearing, at which time the pretrial brief shall be filed in accordance with Rule these rules.
DocumentPretrial Brief
TEMPORARY CHILD AND SPOUSAL SUPPORT ARREARAGE SHALL BE DEEMED WAIVED UNLESS IT IS RESERVED IN THE FINAL DECREE.
DocumentFinal Decree
All judgment entries shall dispose of court costs.
DocumentJudgment Entry
All judgment entries shall contain the approval of same by both parties and/or their attorneys.
DocumentJudgment Entry
The Court shall not accept a consent Judgment Entry unless the same is approved by all parties of record and their respective counsel.
DocumentConsent Judgment Entry
Stipulations and private agreements of counsel or parties concerning the progress or management of any matter, not made in open court, will not be recognized unless the same are reduced to writing and signed by the parties thereto.
DocumentStipulation
All judgments that include the incorporation of a separation agreement in the entry shall have attached a copy of the separation agreement or other document which is incorporated.
DocumentJudgment Incorporating Separation Agreement
Motions to modify child support, spousal support, parenting time, or allocation of parental rights and responsibilities must be commenced with the listed filings, including a support worksheet when both parties’ income figures are readily available or reasonably ascertainable.
All motions for modification for child support, spousal support, parenting time and allocation of parental rights and responsibilities shall be commenced by the filing of the following document(s): 1. Motion. 2. Memorandum or affidavit in support. 3. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio 4. Support worksheet, if both parties income figures are readily available, or reasonably ascertainable.
DocumentPost Decree Modification Motion
If opposing counsel rejects the entry, he/she shall prepare an entry in accordance with his objections and submit it to prevailing counsel and the Court together with the rejected entry.
DocumentRejected Judgment Entry
Each attorney shall include the attorney or pro hac vice registration number issued by the Supreme Court on any document filed with the court.
DocumentFiled Document
The applicable standard probate form shall be used for all filings in this court, except that a computer-generated form may be used subject to the limitations of Sup. R. 51 and 52 and Local Rule 52.1.
DocumentCourt Filing
Filing & Service rules
Electronic Filing Rules
Eligible filings may be submitted by fax after the original complaint and before final judgment, but exhibits must be filed separately within five court days after the original fax filing.
Filing of documents subsequent to an original complaint and prior to a final judgment entry and other filings not requiring a security deposit may be filed by fax copy with the Juvenile Clerk, exhibits shall be filed with the Juvenile Clerk as a separate document no later than five (5) court days following the filing of the original fax document.
Page 40 | 34. FAX FILING
The Juvenile Clerk shall maintain a telephone line and facsimile (fax) machine to allow parties to file documents no longer than 10 pages in length with the court. Filings in excess of 10 pages shall be charged a fee of $2 per page, payable within fourteen (14) days.
The Juvenile Clerk shall maintain a telephone line and facsimile (fax) machine to allow parties to file documents no longer than 10 pages in length with the court. Filings in excess of 10 pages shall be charged a fee of $2 per page, payable within fourteen (14) days.
Page 40 | 34. FAX FILING
The listed documents may not be sent by fax to the Juvenile Clerk for filing.
The following documents may not be sent by facsimile transmission to the Juvenile Clerk for filing: a. an ex-parte motion for emergency custody; b. any document in whole or part under seal; c. original complaints; d. pleadings pursuant to appeal; e. filings requiring a deposit;
Page 41
Facsimile filing is available across the court's jurisdiction except in cases under R.C. 2151.85, where no document may be filed by fax.
This rule applies to cases involving all areas of the court's jurisdiction, with the exception of cases filed pursuant R.C. 2151.85 regarding a minor's complaint for an abortion. In such cases, no document shall be filed by facsimile transmission.
Page 41
The Court prohibits email and electronic filings unless another rule provides otherwise.
### 41. EMAIL OR ELECTRONIC FILINGS The Court will not accept email or electronic filings, except as otherwise provided in these rules.
Page 43 | 41. EMAIL OR ELECTRONIC FILINGS
A prior or superseded will deposited with the court must be filed in the estate proceedings for record purposes only.
Any prior or superseded will so deposited shall be filed in the estate proceedings for record purposes only.
Civil cases
Page 12 | LOCAL RULE 59.1 WILLS — INDEX OF WILLS DEPOSITED
Pleadings exceeding ten pages must be filed by mail or in person with the Clerk of Courts.
Pleadings in excess of ten pages must be filed by mail or in person at the Clerk of Courts.
Page 10 | FILINGS BY FACSIMILE — PROVISIONS
Pleadings may be fax-filed only if sent to the specified Clerk of Court fax number; faxing to another number is not filing, subject to case-by-case exceptions for equipment malfunction.
All pleadings must be ten pages or less and faxed to the Hardin County Common Pleas Clerk of Court facsimile machine at (419) 674-2273. Facsimiles to any other number will be deemed as not filed with the Clerk of Court. Exceptions will be handled on a case by case basis in the event of equipment malfunction.
Page 10 | FILINGS BY FACSIMILE — PROVISIONS
Court documents must be filed electronically through the Clerk’s system, while paper or fax submissions are converted by Clerk staff; Third District Court of Appeals cases follow its local rules.
All pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders, or other court documents submitted shall be filed electronically through the Clerk’s electronic filing system, or if submitted in paper or facsimile, shall be converted to electronic format by the Clerk of Courts staff. The exception to this rule is that all cases filed with the Third District Court of Appeals shall continue to comply with its local rules.
Page 96 | Rule Number 42 — Electronic Filing of Court Documents (E-Filing) and Electronic Signatures
Parties must electronically file the listed case documents through the Clerk’s system; documents received on paper or by fax are converted to electronic format by Clerk staff.
Parties shall file all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, notices, orders, or other documents electronically through the Clerk’s electronic filing system. Any documents received in paper or by facsimile shall be converted to electronic format by the Clerk of Courts staff.
Page 97 | OFFICIAL COURT RECORD
The Clerk may place a fax filing sent without the required cover page in a failed-fax file and note the reason for failure.
If a facsimile filing is sent by fax to the Clerk of Court without the cover page as designated in this rule, the Clerk at their discretion may deposit the document in a file of failed faxed documents with a notation as to the reason for the failure.
Page 40 | 34. FAX FILING
The Court may strike a document, an exhibit, or both if missing exhibits are not filed as required.
The Court may strike any document or exhibit, or both, if missing exhibits are not filed as required by Rule.
Page 40 | 34. FAX FILING
The court accepts filings by fax, and the submitting party is assessed copying and mailing costs.
The court will accept filings by facsimile transmission. Costs of copying and mailing will be assessed to the submitting party. The Court’s fax number is 419-674-2274.
Civil cases
Page 10 | LOCAL RULE 57.2 FACSIMILE FILINGS/ELECTRONIC FILINGS
The fax machine accepts document transmissions 24 hours a day, seven days a week, including holidays.
However, the fax machine will be available to receive fax transmission of documents on the basis of 24 hours per day, seven days per week, including holidays at the following number: 419-675-2941.
Page 40 | 34. FAX FILING
The Clerk of Court's fax machine is available to receive document transmissions 24 hours a day, seven days a week.
The office of the Clerk of Court facsimile machine will be available to receive facsimile transmission of documents on the basis of 24 hours per day 7 days per week.
Page 12 | EFFECTIVE DATE AND TIME OF FILING
Filing Timing and Cure Windows
The final judicial report must be filed at least ten days before judgment.
A final judicial report shall be filed in the proceeding at least ten days prior to the date of judgment.
Civil cases
Page 1 | REAL ESTATE SALE PROCEEDINGS, A
The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds must be filed within 30 days after the sale.
P. A Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall be filed within thirty (30) days of the real estate sale.
Civil cases
Page 3 | P
Counsel must submit a default entry within ten days of notification that service has been perfected, or the case may be dismissed.
B. Upon perfection of service, Counsel shall be required to submit a default entry within ten (10) days of notification, otherwise the case may be dismissed.
Civil cases
Page 1 | SERVICE
The opposing party may serve and file opposing affidavits before the hearing date.
The opposing party, prior to the day of hearing may serve and file opposing affidavits.
Civil cases
Page 3 | SUMMARY JUDGMENT
A summary-judgment motion is considered submitted on the scheduled hearing date or the date of a continuance granted in writing by the Court.
Oral arguments shall be considered waived unless any party requests oral arguments in writing, and the motion shall be considered submitted on the date scheduled for the hearing or any continuance of the hearing granted in writing by the Court.
Civil cases
Page 3 | SUMMARY JUDGMENT
The Clerk will not file a journal entry settling a case until all costs are paid.
All journal entries settling cases shall state which party will pay the costs, and said entry will not be filed by the Clerk until all costs are paid.
Civil cases
Page 4 | JUDGMENT ENTRIES
The parties may settle without appearing if they file an entry reflecting the settlement within 30 days of the trial date.
The avoidance of trial by settlement of the parties shall be allowed without appearance so long as an entry reflecting the settlement of the case is filed within thirty (30) days of the date set for trial.
Civil cases
Page 4 | JUDGMENT ENTRIES
The journal entry must be submitted to the judge within 15 days of the Court’s decision; afterward, the Court may prepare its own entry.
Within fifteen (15) days of the Court's decision, the journal entry shall be submitted to the judge, or, thereafter, the Court will be free to prepare its own journal entry.
Civil cases
Page 4 | JUDGMENT ENTRIES
The prevailing party’s counsel must submit the journal entry to opposing counsel within five days of the Court’s decision.
That entry shall be submitted to opposing counsel within five (5) days of the Court's decision.
Civil cases
Page 4 | JUDGMENT ENTRIES
Opposing counsel must approve or reject the journal entry within five days after receiving it.
Opposing counsel shall approve or reject the entry within five (5) days thereafter.
Civil cases
Page 4 | JUDGMENT ENTRIES
A jury-trial demand must be written and filed with the Clerk by the later of ten days before trial or the third day after notice of the trial date is received.
The defendant shall be tried by the Court unless said party demands a jury trial. Such a demand must be in writing and filed with the Clerk of this Court not less than ten (10) days prior to the date set for trial, or on or before the third (3rd) day following receipt of notice of the date set for trial, whichever is later.
Page 22 | 2. DEMAND FOR TRIAL BY JURY
Supporting transcripts must be filed within 40 days after objections are filed unless the court approves an alternative evidence-review method within that period.
All transcripts supporting the objections shall be filed with the court within 40 days after the filing of objections, unless, with leave of court, an alternative method of reviewing the evidence is approved by the court within that 40 day period.
Page 25 | 13. MAGISTRATES
A response to objections must be filed within 14 days after the objections are filed.
Any Party wishing to respond to objections filed in their case shall do so within 14 day of the filing of the objections.
Page 25 | 13. MAGISTRATES
If a written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within 45 days of the filing of the notice of relocation and served on the party filing the notice of relocation, then Hardin County Common Pleas Court, General Division, Rule 27 shall become the order of the Court.
If a written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within 45 days of the filing of the notice of relocation and served on the party filing the notice of relocation, then Hardin County Common Pleas Court, General Division, Rule 27 shall become the order of the Court.
Page 29 | 19. REMOVAL FROM COUNTY AND LONG DISTANCE PARENTING TIME
A legal custodian and residential parent intending to move more than 20 miles from the children’s residence must file and serve a written relocation notice at least 45 days before the move, though a shorter period may be appropriate in an emergency.
If any legal custodian and residential parent of a minor child or children subject to the jurisdiction of the Court intends to move more than 20 miles from the child(ren)'s residence, then such party shall file a written notice of relocation at least 45 days in advance of such removal and serve said notice of relocation upon the other parent. A period of less than 45 days may be appropriate in emergency situations.
Page 29 | 19. REMOVAL FROM COUNTY AND LONG DISTANCE PARENTING TIME
A fax filing is considered filed when the Juvenile Clerk time-stamps it during regular hours, not when the fax machine records its transmission.
Subject to the provisions of these rules, all documents sent by fax and received by the Juvenile Clerk shall be considered filed with the Court as of the date and time the Juvenile Clerk time-stamps the document during regular hours, as opposed to the date and time of the fax transmission that is imprinted by the facsimile machine.
Page 40 | 34. FAX FILING
Exhibits must be filed separately with the Juvenile Clerk no later than five court days after the original fax document is filed.
Filing of documents subsequent to an original complaint and prior to a final judgment entry and other filings not requiring a security deposit may be filed by fax copy with the Juvenile Clerk, exhibits shall be filed with the Juvenile Clerk as a separate document no later than five (5) court days following the filing of the original fax document.
Page 40 | 34. FAX FILING
The time allowed to remedy a defective motion does not stay applicable deadlines unless the Court approves and journalizes otherwise.
The time provided to remedy the defect shall not stay any time limits established by this rule, or any other rule or order of this Court, unless approved and journalized by the Court.
Page 44 | 42. COURT APPOINTED COUNSEL AND GUARDIAN ad LITEM MOTION FOR FEES
Motions must be filed within 30 days after final disposition, determined using the specified dates and exceptions.
5. All Motions shall be filed with the Court WITHIN THIRTY (30) DAYS after the case is finally disposed of by the Court. For the purpose of determining timelines, "finally disposed of by the Court" is defined as follows: a. the date of final judgment or journal entry filed by the Court, excluding extraordinary fees motions; b. if no journal entry or disposition date, the date of the last appearance in Court; or c. in periodic billings, the last date of activity on Itemized Fee Statement portion of the Motion (excluding time spent preparing the bill, which is not allowable) or the filing of the journal entry from the last Court appearance.
Page 45 | LOCAL RULES
Requests for extraordinary fees must be made by written motion with supporting information and documentation within 30 days after final disposition.
6. Requests for extraordinary fees shall be made by written motion, and shall be filed with supporting information and documentation NO LATER THAN THIRTY (30) DAYS after the final disposition date as defined in paragraph 5 of this rule.
Page 45 | LOCAL RULES
The requesting party shall be required to fill out the forms, have same notarized and file them with the Clerk of Courts prior to 2:30 p.m. daily.
The requesting party shall be required to fill out the forms, have same notarized and file them with the Clerk of Courts prior to 2:30 p.m. daily.
Civil cases
Page 1 | CIVIL PROTECTION ORDERS
In contested matters, a pretrial memorandum must be filed and served on all parties and any appointed Guardian Ad Litem, with a courtesy copy to the assigned Judge or Magistrate, at least seven days before the final pretrial conference.
In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed, with a courtesy copy to the Judge or Magistrate assigned to hear the case no later than seven (7) days prior to the date set for final pretrial conference and shall include the following.
Civil cases
Page 4 | PRETRIAL BRIEF
Opposing counsel must approve or reject the entry within seven days and, if approving it, submit it to the Court forthwith.
Opposing counsel shall approve or reject the entry within seven (7) days, and if approved, forthwith submit the same to the Court.
Civil cases
Page 6 | TIMELY FILING OF ENTRIES
Prevailing counsel, or the party directed by the Court, must accurately prepare the judgment, decree, or order and submit it to opposing counsel within seven days after the hearing.
All judgments, decrees and orders shall be prepared by prevailing counsel, or by the party directed by the Court, accurately reflecting the Court’s decision, and submitted to opposing counsel within seven (7) days of the hearing.
Civil cases
Page 6 | TIMELY FILING OF ENTRIES
If opposing counsel does not approve the entry within seven days, prevailing counsel must submit it to the Court without that approval.
If opposing counsel fails to approve the same within the seven days, prevailing counsel shall submit the entry to the Court without the approval of opposing counsel.
Civil cases
Page 6 | TIMELY FILING OF ENTRIES
A pleading requiring a new case number or payment of court cost must be filed at least 15 minutes before closing.
Any pleading that requires a new case number or the payment of court cost shall be filed at least 15 minutes before closing.
Civil cases
Page 8 | LOCAL RULE 53.1 HOURS OF THE COURT
An application for a marriage license must be initiated at least 30 minutes before closing.
Application for a marriage license shall be initiated at least 30 minutes before closing.
Civil cases
Page 8 | LOCAL RULE 53.1 HOURS OF THE COURT
Unless the judge directs otherwise, prevailing counsel must submit the proposed judgment entry to opposing counsel within seven calendar days after judgment.
Unless otherwise directed by the judge, counsel for the party in whose favor a ruling or judgment is rendered shall submit the proposed judgment entry to opposing counsel within seven (7) calendar days after judgment is rendered.
Civil cases
Page 10 | LOCAL RULE 57.1 FILINGS, JUDGMENT ENTRIES, HEARING ASSIGNMENTS, WITHDRAWAL OF COUNSEL
If an entry approved by all parties is not filed within 21 calendar days after judgment or after the parties indicate a settlement, the court must assign the matter for a journalization hearing.
If a proposed entry approved by each party or their respective attorney is not filed within twenty-one calendar days after judgment is rendered, or within twenty-one calendar days after the parties have indicated settlement of part or all pending issues, the court shall assign the matter for journalization hearing.
Civil cases
Page 10 | LOCAL RULE 57.1 FILINGS, JUDGMENT ENTRIES, HEARING ASSIGNMENTS, WITHDRAWAL OF COUNSEL
Service and Proof of Service Rules
A party requesting publication must arrange and pay for publication and direct the publisher to file proof with the Clerk, subject to the stated poverty-affidavit procedure.
If any party requests service by publication, such party, in addition to the deposit for 10 costs, shall arrange with the newspaper publisher for such publication, pay the costs thereof to the newspaper publisher and direct the publisher to file proof of publication with the Clerk of Courts. In any case in which the Court has approved a poverty affidavit, it shall be the responsibility of the attorney making the request to advise the newspaper publisher in writing at the time the legal notice is presented for publication, that no funds are available for payment of the publication costs.
Page 3 | SERVICE BY PUBLICATION
Summons must be served under the Ohio Rules of Civil Procedure; the clerk must immediately notify counsel of failed service, and the specified notice and dismissal process applies if service remains incomplete.
A. Summons shall be served in accordance with the Ohio Rules of Civil Procedure. In the event there is a failure of service, the clerk shall notify counsel immediately. If service is not complete within six months, pursuant to Civil Rule 4(E), the Court will notify plaintiff’s counsel directing that unless service is obtained within fourteen (14) days, the case will be dismissed. Fourteen (14) days after such notice, the action will be dismissed if service has not been obtained.
Civil cases
Page 1 | SERVICE
Notice of hearing must be served with the pleadings in accordance with the Civil Rules.
Notice of hearing shall be served with the pleadings pursuant to Civil Rules.
Page 26 | 14. EX-PARTE ORDERS
Service and notice must be made individually on every party; notice to an attorney does not constitute proper service on a party.
Service and notice shall be made to all parties individually. Notice to an attorney is not proper service on a party.
Page 27 | 17. CONTINUING JURISDICTION – POST JUDGMENT RELIEF
The movant is responsible for initiating service of notice of the contempt motion and hearing on the subject party under Civil Rules 4 through 4.6.
B. Notice of such motion and of the hearing thereon shall be served upon the subject party pursuant to the rules of service of summons contained in Civ. R. 4 through Civ. R. 4.6, incl., and the responsibility for initiating such service shall be on the movant.
Page 28 | 18. CONTINUING JURISDICTION – POST JUDGMENT RELIEF ACCOMPANIED BY CITATION FOR CONTEMPT
An objection or request for hearing must be served on the party who filed the relocation notice within the 45-day period after the notice is filed.
If a written notice of relocation is filed and served as required herein, and no objection or request for hearing is filed within 45 days of the filing of the notice of relocation and served on the party filing the notice of relocation, then Hardin County Common Pleas Court, General Division, Rule 27 shall become the order of the Court.
Page 29 | 19. REMOVAL FROM COUNTY AND LONG DISTANCE PARENTING TIME
The relocation notice must be served on the other parent at least 45 days before the move, though a shorter period may be appropriate in an emergency.
If any legal custodian and residential parent of a minor child or children subject to the jurisdiction of the Court intends to move more than 20 miles from the child(ren)'s residence, then such party shall file a written notice of relocation at least 45 days in advance of such removal and serve said notice of relocation upon the other parent. A period of less than 45 days may be appropriate in emergency situations.
Page 29 | 19. REMOVAL FROM COUNTY AND LONG DISTANCE PARENTING TIME
Service by publication must be made by posting unless the Court orders otherwise; the rule specifies posting locations, a seven-day posting period, and filing the return of service.
A. Pursuant to Ohio Juvenile Rule 16 (A), service by publication shall be made by posting unless otherwise ordered by the Court. B. In addition to the Juvenile Courthouse at One Courthouse Square, Suite 200, Kenton, Ohio, the Court designates the following as locations where publication of service of process by posting may be made, in accordance with Juvenile Rule 16 (A). Pursuant to that Rule, posting shall be made at any two (2) of the following designated locations: (1) The Hardin County Department of Job and Family Services, 175 West Franklin Street, Kenton, Ohio, or any other location to which it might relocate; (2) The Hardin County Department of Health, 175 West Franklin Street, Kenton, Ohio, or any other location to which it might relocate. C. The Clerk of this Court shall cause the required notice to be posted in a conspicuous place and manner in the above denominated places for the requisite seven (7) days. Upon completion of the posting for seven (7) days, the Clerk shall remove the notice, complete the return of service, file the same and notify counsel as provided by law.
Page 38 | 28.7 PUBLICATION BY POSTING
The exhibit and its cover sheet must be served under the rules governing service of pleadings in this Court.
The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.
Page 40 | 34. FAX FILING
A non-party’s request for access to an electronic recording must be served on all parties.
A request for access by a non-party must be served on all parties.
Page 40 | 33. TRANSCRIPT FEES AS TO RECORDED PROCEEDINGS
A fax filer must serve necessary parties directly and may not fax service copies to the Juvenile Clerk.
The party filing documents by fax shall not transmit copies by fax to the Juvenile Clerk for service upon other parties but shall provide service directly upon all necessary parties.
Page 41
Assignment notices must be placed in counsel's designated attorney drawer, or mailed postage prepaid if counsel has no such drawer.
All assignment notices generated by the Hardin County Juvenile Court shall be placed in the attorney drawer of appropriate counsel in the Hardin County Probate Court or Clerk of Courts office. If counsel has no such drawer, the assignment notices shall be deposited with the Postal Service, postage prepaid.
Page 42 | 35. DELIVERY BY OR TO COUNSEL OR PARTIES/SERVICE OF NOTICES
At the end of each hearing, the court must give specified recipients written notice or on-record oral notice of the next hearing; mailing is unnecessary if written notice was given at the prior hearing's conclusion.
Upon conclusion of each hearing, the court shall provide written notice or oral notice on the record to the prosecuting attorney, the child's attorney, the child's guardian ad litem, and the child's parents, guardian or custodian, of the date, time and place of the next scheduled hearing. Mailed notice shall not be required for any party or other individual designated in this rule to whom notice of the next hearing was provided in writing upon conclusion of the immediately preceding hearing.
Page 42 | 36. RULES TO EXPEDITE COMPETENCY PROCEEDINGS
The Clerk must docket the type of service completed, using language such as the example provided.
The Clerk of this Court shall note on the docket of the case the type of service completed using language such as "Judgment Entry filed. Photo copy served on all parties."
Page 42 | 35. DELIVERY BY OR TO COUNSEL OR PARTIES/SERVICE OF NOTICES
Placement of copies in the appropriate attorneys drawer, reflected in a certificate of delivery, is deemed delivery to counsel.
Where copies of pleadings, motions, briefs, memoranda and other papers have been placed in the appropriate attorneys drawer in the Hardin County Probate Court, One Courthouse Square, Suite 210, and certificate of delivery reflects such action, it shall be deemed by the Court as delivery to counsel pursuant to the requirements of the Ohio Rules of Civil Procedure.
Page 42 | 35. DELIVERY BY OR TO COUNSEL OR PARTIES/SERVICE OF NOTICES
Summonses are served by regular or certified mail or personal delivery, and the service must be docketed.
Summons typed and served by regular or certified mail or personally delivered and said service is docketed.
Page 47 | APPENDIX A
If the plaintiff is unrepresented or the defendant waived service of the summons, the admonishment must be handed to the filing party and mailed to the other party.
In the event that a plaintiff is unrepresented by counsel, or the defendant has waived service of a copy of summons, a copy of the domestic relations admonishment shall be handed to the party(s) filing the action and mailed to the other party.
Civil cases
Page 2 | TEMPORARY STANDING ORDERS
Counsel for a plaintiff in a divorce or legal separation action must give the client a copy of the Domestic Relations Admonishment.
Counsel representing the plaintiff in any divorce, or legal separation action shall furnish his/her client with a copy of the DOMESTIC RELATIONS ADMONISHMENT.
Civil cases
Page 2 | TEMPORARY STANDING ORDERS
The Clerk of Courts must attach the Domestic Relations Admonishment to the summons served on the defendant.
The Clerk of Courts shall attach a copy of the domestic relations admonishment to the summons for service upon the Defendant.
Civil cases
Page 2 | TEMPORARY STANDING ORDERS
A notice of hearing must be served with the initial pleadings.
Notice of hearing must be served with the initial pleadings pursuant to Ohio Rules of Civil Procedure.
Civil cases
Page 3
The pretrial memorandum must be served on all parties and any appointed Guardian Ad Litem no later than seven days before the final pretrial conference.
In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed, with a courtesy copy to the Judge or Magistrate assigned to hear the case no later than seven (7) days prior to the date set for final pretrial conference and shall include the following.
Civil cases
Page 4 | PRETRIAL BRIEF
Counsel must ensure that the CSEA receives a file-stamped copy of each child- or spousal-support entry, using one of the stated delivery options.
It is the obligation of counsel to insure that a file stamped copy of each entry dealing with child or spousal support filed by the Clerk of Courts is transmitted to the CSEA. The Clerk’s office maintains a file box for such entries which is checked daily by the CSEA. You may either: 1. Deliver the CSEA copy personally; 2. Place the CSEA copy in the file box in the Clerk’s office; 3. Make sufficient copies with distribution indicated in the lower left hand corner and request the Clerk’s office to place the entry in the box when file stamped.
Civil cases
Page 6 | JUDGMENT ENTRIES
An appointee must regularly file and serve the payer with an itemized fee and expense statement, and do so promptly if fees appear likely to exceed the estimate, unless charging under the court’s fee schedule.
The appointee shall file with the court and serve upon the payer an itemized fee and expense statement on a regular basis and promptly if it appears the fee will exceed the estimate. This will not be necessary if the appointee is charging a fee in compliance with this court’s fee schedule.
Civil cases
Page 3 | LOCAL RULE 8.1 COURT APPOINTMENTS
A request for access by a non-party must be served on all parties.
request for access by a non-party must be served on all parties.
Civil cases
Page 5 | LOCAL RULE 11.1 RECORDING OF PROCEEDINGS
In a civil action, file the summons-service request, a copy of the complaint or petition, and the manner of service with the original complaint or petition and the required deposit.
A request for service of summons and a copy of a complaint/petition with manner of service shall be filed with an original complaint or petition in a civil action accompanied by the requisite deposit.
Civil cases
Page 11 | LOCAL RULE 57.5 PRAECIPE FOR SERVICE
Within seven days after appointment, the administrator must notify all persons entitled to inherit, including support-allowance recipients, unless they received notice of the hearing or waived notice.
Upon appointment, the administrator shall give notice thereof within seven (7) days after the appointment to all persons entitled to inherit including persons entitled to an allowance for support, unless those persons were provided notice of hearing on the application or have waived notice.
Civil cases
Page 12 | LOCAL RULE 60.1 NOTICE OF APPLICATION TO ADMINISTER
Service on a minor must comply with Civil Rule 4.2.
Service on a minor shall be made pursuant to Civ. R. 4.2.
Civil cases
Page 12 | LOCAL RULE 59.1 WILLS — NOTICE OF PROBATE OF WILL
Notice of an application for appointment to administer must be served at least seven days before the hearing date.
Notice of application for appointment to administer shall be served at least seven (7) days prior to the date set for hearing.
Civil cases
Page 12 | LOCAL RULE 60.1 NOTICE OF APPLICATION TO ADMINISTER
The fiduciary must serve interested persons with written hearing notice and the application at least seven days before the hearing.
The fiduciary shall serve written notice of the hearing and a copy of the application on all interested persons at least seven (7) days before the hearing.
Civil cases
Page 17 | LOCAL RULE 70.1 SETTLEMENT OF WRONGFUL DEATH CLAIMS
Filing Fees and Waivers
A filing requires the required deposit, except when refusing it would cause a filing time limitation to expire.
Further, no action or proceeding shall be accepted for filing by the clerk of this court without the required deposit, unless the refusal of the filing would cause the expiration of time limitations for filing.
Page 1 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS
The deposit is $500 for a civil action with one defendant and $50 for each additional defendant; foreclosure actions also require $500, with a $50 additional deposit for each additional defendant.
1. *Civil actions for one defendant Each additional defendant $ 50.00 2. Forclosure actions $500.00 Each additional defendant (additional deposit) $50.00
Page 1 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
Each additional defendant in a civil action requires a $50 deposit.
1. *Civil actions for one defendant Each additional defendant $ 50.00
Page 1 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
After a cost deposit is exhausted, the Clerk charges costs as they accrue, and they must be paid as they accrue.
When a cost deposit is exhausted, the Clerk shall charge costs and the same shall be paid as they accrue.
Page 1 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS
The deposit for a foreclosure action is $500.
2. Forclosure actions $500.00
Page 1 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The Clerk will not accept a filing from a party or attorney of record who has costs due in a case involving that filing party.
In addition, no action or proceeding shall be accepted for filing by the Clerk of this court by any party or attorney of record if there remains costs due on the case which were assessed involving the filing party.
Page 1 | RULE NUMBER 3 — COSTS AND SECURITY FOR COSTS
Each additional defendant in a foreclosure action requires an additional $50 deposit.
Each additional defendant (additional deposit) $50.00
Page 1 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for an otherwise unlisted counterclaim or cross-claim is $350 for one defendant and $50 for each additional defendant.
3. *Counterclaims and cross claims not otherwise mentioned herein for $350.00 one defendant Each additional defendant $50.00
Page 1 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for a praecipe for an order of sale conducted by a Private Selling Officer is $500 and requires the Court's permission.
24. Pracipe for order of sale with sale to be conducted by a Private Selling $500.00 Officer with permission of the Court
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The fee for release or satisfaction of a certificate of judgment is $5.
16. Release/satisfaction of certificate of judgment $5.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The fee for a notice of appeal to the Third District Court of Appeals is $150.
13. Notice of Appeal to Third District Court of Appeals $150.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for filing a foreign certificate of judgment is $101.
14. *Filing certificate of judgment (foreign) $101.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The fee for preparing and filing a certificate of judgment is $107.
15. Preparing and filing certificate of judgment $107.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for a domestic post-decree motion, with or without children, is $350.
8. *All post-decree motions - Domestic with or without children $350.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The schedule lists a $165 deposit for an extra county action.
18. *Extra county action
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The fee for making or preparing a certificate of judgment is $6.
17. Making/preparing certificate of judgment $6.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for garnishment is $200.
19. *Garnishment $200.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for an agreed or joint post-decree motion regarding allocation of parental rights or responsibilities is $200.
9. *Agreed/joint post-decree motions regarding allocation of parental rights/ responsibilities $200.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The fee for a record check is $5.
21. Record Check $5.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
A motion for Guardian Ad Litem requires a $500 additional deposit, plus any additional deposit ordered for other parties by the Court.
7. Motions for Guardian Ad Litem (additional deposit). Plus such additional deposit by other parties as Ordered by the Court. $500.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for a civil post-judgment motion is $250.
10. *Civil post-judgment motions $250.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
23. Pracipe of order of sale with sale to be conducted by Real Auction
23. Pracipe of order of sale with sale to be conducted by Real Auction
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
For a one-day jury trial, the jury-demand deposit is $1,050, with $100 due when the demand is filed and the remaining $950 due within four weeks of trial.
20. Jury demand (additional deposit - $100.00 due at the time of the filing of $1050.00 the demand and the remaining $950.00 due within four weeks of the jury trial for a one day jury trial.
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for a writ of execution against personal property is $350.
22. *Writ of execution against personal property $350.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for a proceeding in aid of execution is $200.
11. *Proceedings in aid of execution $200.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for child support medical establishments for married or separated couples, or other domestic relations, is $350.
6. Child Support Medical Establishments for Married/Separated Couples or Other Domestic Relations $350.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for a divorce or legal separation is $500.
5. *All Divorces or Legal Separation $500.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for an appeal from another tribunal is $350.
12. *Appeals from other tribunals $350.00
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
The deposit for a dissolution is $350 and does not include parenting class fees, which are payable when the session is attended.
4. *All Dissolutions (Does not include parenting class fees which are payable $350.00 when the session is attended.)
Page 2 | SCHEDULE OF COST DEPOSITS COMMON PLEAS COURT
Courtesy Copy Requirements
A courtesy copy of the pretrial memorandum must be provided to the assigned Judge or Magistrate no later than seven days before the final pretrial conference.
In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed, with a courtesy copy to the Judge or Magistrate assigned to hear the case no later than seven (7) days prior to the date set for final pretrial conference and shall include the following.
Civil cases
Page 4 | PRETRIAL BRIEF
A courtesy copy of the pretrial memorandum must be provided to the assigned Judge or Magistrate in contested matters.
In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed, with a courtesy copy to the Judge or Magistrate assigned to hear the case no later than seven (7) days prior to the date set for final pretrial conference
Page 65 | FINAL AND CONTESTED HEARINGS
Do not deliver paper courtesy copies of electronically filed documents unless applicable rules require them or the Court requests them.
Paper courtesy copies of documents filed electronically shall not be delivered to the Court, unless required by applicable rules or requested by the Court.
Page 96 | Rule Number 42 — Electronic Filing of Court Documents (E-Filing) and Electronic Signatures
Courtesy copies to opposing counsel are appropriate, but not stated as mandatory, when a party has reason to believe prior counsel still represents the other party.
Courtesy copies to opposing counsel are appropriate if the party has reason to believe that prior counsel is still representing the other party.
Page 27 | 17. CONTINUING JURISDICTION – POST JUDGMENT RELIEF
Sealing & Redaction Procedures
If redacted personal identifying information is necessary to decide the case, the court may order an unredacted copy filed under seal, on motion or on its own initiative.
If personal identifying information has been redacted from a document but that information is necessary to the probate court’s determination of the case, the probate court may order, upon motion or sua sponte, that an un-redacted copy of the document be filed under seal.
Civil cases
Page 9 | LOCAL RULE 55.4 MAINTAINING PRIVACY OF PERSONAL IDENTIFYING NUMBERS
Pre-Motion Conference Requirements
Requests for psychological evaluations, a Guardian Ad Litem, and similar relief must be made by the first scheduled pretrial unless the Court grants leave to file later.
B. Any requests for Psychological Evaluations, the appointment of a Guardian Ad Litem (GAL), etc., must be made no later than the time of the first scheduled Pre-Trial, unless leave to file said request is granted by the Court.
Page 27 | 16. HEARING AND PRE-TRIALS
A contested complaint or motion cannot be set for a merits hearing until it has been set for pretrial, unless the Court waives pretrial.
A. No contested Complaints or Motions shall be set for hearing on the merits until such matter has been set for pre-trial unless a pre-trial is waived by the Court.
Page 27 | 16. HEARING AND PRE-TRIALS
A motion to reallocate parental rights and responsibilities may not be heard until a pretrial on the motion is conducted, unless the Court waives the requirement; the requirement does not apply to a joint motion by all interested parties.
No motion for reallocation of parental rights and responsibilities shall be heard by the Court until a pretrial is conducted on the motion, unless waived by the Court. The above provision shall not apply if the motion to reallocate parental rights and responsibilities is a joint motion made by all interested parties.
Civil cases
Page 7
A motion for conciliation must identify the conciliator, generally describe the requested procedures, guarantee their costs, and be made by the first pretrial date unless the Court grants written leave for a later filing.
Any party moving for conciliation pursuant to Ohio Revised Code Section 3105.091, shall set forth the name of the conciliator and shall generally describe the conciliation procedures requested. In addition, thereto said movant shall guarantee the costs of such conciliation procedure. Motions for conciliation shall be made no later than the first pretrial date for the case, unless leave is granted in writing by the Court to file said request at a later time.
Civil cases
Page 7 | MOTION FOR CONCILIATION
A motion requesting a conciliation procedure lasting more than 60 days must be set for an oral hearing at the earliest possible time to determine its propriety.
If such motion for conciliation requests a conciliation procedure lasting more than sixty (60) days, such motion shall be set for oral hearing at the earliest possible time in order to determine the propriety thereof.
Civil cases
Page 7 | MOTION FOR CONCILIATION
A motion to reallocate parental rights and responsibilities requires a pretrial before it can be heard unless the Court waives the pretrial; the requirement does not apply to a joint motion by all interested parties.
No motion for reallocation of parental rights and responsibilities shall be heard by the Court until a pretrial is conducted on the motion, unless waived by the Court. The above provision shall not apply if the motion to reallocate parental rights and responsibilities is a joint motion made by all interested parties.
Page 67 | POST DECREE MOTIONS
A conciliation motion requesting a procedure lasting more than 60 days must be set for an oral hearing at the earliest possible time to determine its propriety.
If such motion for conciliation requests a conciliation procedure lasting more than sixty (60) days, such motion shall be set for oral hearing at the earliest possible time in order to determine the propriety thereof.
Page 68 | MOTION FOR CONCILIATION
The moving party must consult the opposing side to arrange a timely, mutually agreeable hearing date; consulting the assignment clerk together is preferred when possible, and the court sets the date if the parties do not agree.
The moving party shall consult with opposing counsel, or if unrepresented, the opposing party, to arrange a hearing date that is timely and mutually agreeable. When possible, it is preferable to have all parties simultaneously consult with the courts assignment clerk as to selection of a hearing assignment. In the absence of an agreed hearing date, the court shall set a date for the hearing.
Civil cases
Page 10 | LOCAL RULE 57.1 FILINGS, JUDGMENT ENTRIES, HEARING ASSIGNMENTS, WITHDRAWAL OF COUNSEL
When briefs are requested, the moving party has 14 days, the opposing party has the next 14 days, and an appropriate reply is due 7 days later; the Court may adjust the schedule for good cause.
When requested by a party or by the Court, briefs shall be submitted to the Court by the plaintiff or moving party within fourteen (14) days, and by the opposing party within fourteen (14) days thereafter. A reply brief, if appropriate, will be filed within seven (7) days thereafter. The Court may extend or shorten the time for good cause. Upon failure of either party to file a brief within time, the case may be disposed of without the assistance of briefs.
Page 21
Unless the Rules of Civil Procedure provide otherwise, a party that fails to oppose a motion within 14 days after service may be treated as admitting that the motion may be granted.
In all motions directed to the Court, unless otherwise provided in the Rules of Civil Procedure, the failure of the party against whom a motion is directed to file a brief or memorandum in opposition within fourteen (14) days from the date of service of such motion, may be construed by the Court as an admission that the motion may be granted.
Page 21
Adjournment & Extension Requirements
An application to continue a status conference or final pretrial must be made to the Court by motion.
Any application for continuance of said conference shall be addressed to the Court by motion.
Civil cases
Page 2 | STATUS CONFERENCES AND FINAL PRETRIALS
A continuance motion based on a conflicting court hearing must be filed at least ten days before the hearing and include the other court’s Assignment Notice.
A Motion for Continuance due to conflicting court hearing date(s) must be filed at least ten (10) days before the scheduled hearing date and contain the Assignment Notice of the conflicting hearing date(s) from the other court. Said Motion shall:
Page 24 | 10. MOTION FOR CONTINUANCE OF HEARINGS
The court will consider a continuance for reasons other than a previously scheduled hearing conflict only with all parties’ written consent, after adequate response time and any hearing the court desires, or for a verified emergency or Act of God.
A Motion for continuance for reasons other than conflict with another previously scheduled hearing will not be considered by the Court except as follows: 1. by written consent of all parties; 2. After opposing parties have had adequate response time per the Ohio Rules of Civil Procedure and, if desired by the Court, a hearing upon said continuance request; 3. because of verified emergency or Acts of God.
Page 24 | 10. MOTION FOR CONTINUANCE OF HEARINGS
A continuance motion must state on its face that the opposing party was notified and state that party’s position.
Shall state on the face of the Motion that the opposing party has been notified and state the position of the opposing party to said continuance request.
Page 24 | 10. MOTION FOR CONTINUANCE OF HEARINGS
A continuance in a child-support-related case will not be granted until the Child Support Enforcement Agency’s position has been filed.
No continuances for child support related cases shall be granted, nor shall requests for early release from incarceration be granted until the Child Support Enforcement Agency's position on the continuance or request for early release has been filed.
Page 24 | 11. CONTINUANCE REQUESTS AND REQUEST FOR EARLY RELEASE – CHILD SUPPORT CASES
A continuance motion must be accompanied by an entry bearing counsel’s approval or disapproval.
Be accompanied by an entry bearing counsel's approval and/or disapproval.
Page 24 | 10. MOTION FOR CONTINUANCE OF HEARINGS
A transcript-filing extension request must state when the reporter was contacted and the transcript ordered, and document payment, a pending cost estimate, or the reporter’s statement that timely preparation is not possible.
Any requests to extend the period for filing the transcript must include the following: a. A statement by the attorney, or party if appearing pro se, that the court reporter who will be preparing the transcript has been contacted and the transcript ordered, and the date the transcript was ordered; and b. A statement by the attorney, or party if appearing pro se, that (i) the costs or fees required by the court reporter for the preparation of the transcript have been paid and the date payment was made, or (ii) the estimated cost has been requested but not yet received and the date the estimate was requested, OR a written statement from the court reporter that the transcript cannot otherwise be prepared within the necessary 40 day period.
Page 25 | 13. MAGISTRATES
Objections must state their nature and bases within the original 14-day period; an extension may be granted for cause shown on a written request filed within the initial objection period.
The party filing objections to a magistrate's decision shall specify the nature of the objections and the bases for them within the original 14 day period for objections. The time for filing objections may be extended for cause shown upon the written request of either party filed within the initial objection period.
Page 25 | 13. MAGISTRATES
A continuance or reassignment requires a definite trial or hearing date to be set at the same time; except for a court motion, a continuance requires notice to or consent of adverse parties or counsel, and failure to object within a reasonable time after notice is treated as consent.
No continuance or reassignment shall be granted without the contemporaneous setting of a definite date for trial or hearing. Except in a motion of the court, no motions for a continuance shall be granted without notice to or consent of adverse parties or counsel. Failure to object within a reasonable time after notice shall be considered consent.
Civil cases
Page 7 | LOCAL RULE 41.1 CONTINUANCES/EXTENSIONS
A conflict-based continuance or reassignment motion must attach the conflicting assignment and be filed immediately upon notice of the conflict and at least 30 days before the hearing; the first-set trial and criminal-over-civil priorities apply.
A motion for a continuance or reassignment due to a conflict of court assignments shall not be granted unless a copy of the conflicting assignment is attached to the motion. The case first set for trial has priority as does criminal over civil proceedings. The motion shall be filed immediately upon notice of the conflict and not less than thirty days prior to the hearing.
Civil cases
Page 7 | LOCAL RULE 41.1 CONTINUANCES/EXTENSIONS
A motion for continuance, reassignment, or extension must state the good-cause reason for granting it.
A motion for a continuance, reassignment, or extension shall be in type or, if absolutely necessary, legibly printed in ink, and shall state the good cause reason for granting the motion.
Civil cases
Page 7 | LOCAL RULE 41.1 CONTINUANCES/EXTENSIONS
Either party may request an extension to file objections by written request during the initial objection period, and the request must state the specific nature and bases of the objections.
The time for filing objections may be extended upon the written request of either party, provided the request is made during the initial objection period. Requests for extensions of time in which to file objections to a magistrate’s decision must include the specific nature of the objections and the bases for them.
Page 19 | OBJECTIONS
A request to extend the transcript-filing period must report when the reporter was contacted and the transcript ordered, and provide specified payment, cost-estimate, or reporter information.
Any requests to extend the period for filing the transcript must include the following information: 1. A statement by the attorney, or party if appearing pro se, that the court reporter who will be preparing the transcript has been contacted, the transcript ordered, and the date the transcript was ordered; and 2. A statement by the attorney, or party if appearing pro se, that (i) the costs or fees required by the court reporter for the preparation of the transcript have been paid and the date payment was made, or (ii) the estimated cost has been requested but not yet received and the date the estimate was requested, or a written statement from the court reporter that the transcript cannot otherwise be prepared within the necessary thirty-day period.
Page 20 | OBJECTIONS
A continuance requires a written application supported by evidence of good cause, generally filed at least seven days before the proceeding or hearing, and an order of the Judge or Magistrate.
No continuance of a court proceeding or hearing will be granted except upon written application to the Court supported by evidence of good cause for such continuance. Motions for continuances, except for extreme emergencies, must be made at least seven (7) days prior to such proceeding or hearing and shall only be granted upon order of the Judge or Magistrate.
Page 22 | CONTINUANCES
A continuance request based on a scheduling conflict with another court must include the conflicting hearing’s assignment notice, and counsel must contact the assignment commissioner to schedule a mutually agreeable date and time.
scheduling conflict with another court, shall be accompanied by a copy of the court issued assignment notice of the conflicting hearing. It shall be the duty of counsel to contact the assignment commissioner to schedule a mutually agreeable date and time to continue the matter to.
Page 23
A continuance motion based on a witness’s absence must be supported by evidence that counsel exercised reasonable diligence to find and produce the witness.
Motions for continuance based upon the absence of a witness must be supported by evidence of reasonable diligence on the part of counsel to find and produce said witness.
Page 23
A plea-date continuance requires a written motion and order provided to the Court stating the reasons for the request.
Once a plea date is set, no continuance of said plea date shall be granted unless a written motion and order is filed and provided to the Court setting forth the reasons for the continuance.
Page 27 | Rule Number 7 — Case Management for Criminal Cases
An application to continue a status conference or final pretrial must be made to the Court by motion.
Any application for continuance of said conference shall be addressed to the Court by motion.
Page 32 | STATUS CONFERENCES AND FINAL PRETRIALS
Show-cause motions are to be heard within 42 days of filing or as the docket permits; either party may receive one continuance of no more than 14 days for good cause, and no further continuances are allowed.
Motions to show cause shall be heard within forty-two (42) days, of the filing thereof, or as soon thereafter as the Court’s docket will permit. One continuance, not to exceed fourteen (14) days may be granted to either party for good cause shown. No further continuances shall be granted.
Page 88 | Rule Number 32 — Contempt Motions
A continuance based on a conflict will not be granted if this court set its hearing date before the other court designated the conflicting date.
Not be granted if a hearing date was set in this court prior to another court designating a hearing date for that same time.
Page 24 | 10. MOTION FOR CONTINUANCE OF HEARINGS
A continuance based on a conflict will be granted if this court set its hearing date after another court had set a hearing for the same date.
Be granted where a hearing date was set in this court after another court had set a hearing for that same date.
Page 24 | 10. MOTION FOR CONTINUANCE OF HEARINGS
The court retains discretion to grant or deny any continuance request.
The Court retains discretions to grant or deny any and all requests for continuances.
Page 24 | 10. MOTION FOR CONTINUANCE OF HEARINGS
A party may request an extension to file objections in writing during the initial objection or appeal period, and the extension automatically extends the response time by the same period.
The time for filing objections may be extended upon the written request of either party, only if said request is made during the initial objection or appeal period. This extension will automatically extend any response time by the same period.
Page 25 | 13. MAGISTRATES
The court may grant either party a continuance for good cause shown.
A continuance may be granted to either party for good cause shown.
Page 26 | 14. EX-PARTE ORDERS
A continuance may be granted to either party upon a showing of good cause.
A continuance may be granted to either party for good cause shown.
Civil cases
Page 2 | TEMPORARY ORDERS
The court may grant fiduciary-account extensions without a hearing at its discretion: up to 30 days past the original due date with no prior extensions, up to 60 days with one prior extension and the fiduciary’s signature, and up to 90 days with two or more prior extensions and written consent of all heirs and/or interested parties, subject to the stated conditions.
Extensions for fiduciary accounts may be granted at the discretion of the court without hearing as follows: 1. NO PRIOR EXTENSIONS: upon motion by attorney with statement of good cause; extension may be for up to 30 days past original due date; 2. ONE PRIOR EXTENSION: the same as (1) above with signature of fiduciary and up to 60 days past original due date; 3. TWO OR MORE PRIOR EXTENSIONS: with written consent of all heirs and/or interested parties and compliance with (1) and (2) above for up to 90 days past original due date.
Civil cases
Page 7 | LOCAL RULE 41.1 CONTINUANCES/EXTENSIONS
The court may grant an oral motion and waive endorsement for good cause; with written consent signed by all parties and/or counsel, it may grant the request without a hearing or good-cause showing.
The court may grant an oral motion and may waive endorsement by a party/fiduciary or by counsel for good cause. The court may grant said request without hearing or a good cause showing if all parties and/or their counsel have signed a written consent.
Civil cases
Page 7 | LOCAL RULE 41.1 CONTINUANCES/EXTENSIONS
A scheduled trial or hearing may not be continued solely because the out-of-state attorney is unavailable or inconvenienced.
The continuance of any scheduled trial or hearing date shall not be permitted solely because of the unavailability or inconvenience of the out-of-state attorney.
Civil cases
Page 20 | LOCAL RULE 75.3 PRO HAC VICE
Chambers Communication Rules
Absent an emergency or other legal authorization, an attorney may not communicate about the merits with a Judge or Magistrate before final disposition without adequate notice to opposing counsel and unrepresented adverse parties.
Except in emergency circumstances, or as otherwise provided by law, an attorney shall not communicate, or cause another to communicate, as to the merits of any litigation with any Judge or Magistrate, until final disposition, without adequate notice to opposing counsel and unrepresented adverse parties.
Civil cases
Page 3 | EX PARTE COMMUNICATION WITH COURT
Except in emergencies or as otherwise provided by law, attorneys may not communicate with a Judge or Magistrate about the merits of litigation before final disposition without adequate notice to opposing counsel and unrepresented adverse parties.
Except in emergency circumstances, or as otherwise provided by law, an attorney shall not communicate, or cause another to communicate, as to the merits of any litigation with any Judge or Magistrate, until final disposition, without adequate notice to opposing counsel and unrepresented adverse parties.
Page 63 | EX PARTE COMMUNICATION WITH COURT
A status conference may be held by telephone if requested in writing by the parties or directed by the Court; the requesting party must initiate the call and have all parties on the line before contacting the Court.
Said status conference may be conducted in person, or by telephone if requested by the parties in writing or directed by the Court. In the event that a telephone status conference is requested, the party making such request will be responsible for initiating such telephone conference and shall have all parties on the line prior to contacting the Court.
Civil cases
Page 1 | JUDICIAL REVIEW
A status conference may be held by telephone if requested in writing or directed by the Court, and the requesting party must initiate the call with all parties on the line before contacting the Court.
Said status conference may be conducted in person, or by telephone if requested by the parties in writing or directed by the Court. In the event that a telephone status conference is requested, the party making such request will be responsible for initiating such telephone conference and shall have all parties on the line prior to contacting the Court.
Page 31 | JUDICIAL REVIEW
The Court and Clerk’s staff will not give case information to a party represented by counsel and must refer an inquiring party to counsel or the Clerk’s website.
No case information will be given by the Court or Clerk’s staff to any party in a case who is represented by an attorney of record. Upon inquiry by a party, he or she shall be referred to his or her counsel or the Clerk’s website at www.hardincourts.com.
Page 92 | RULE NUMBER 38 — COMMUNICATION WITH REPRESENTED PARTIES