Henry County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Receivership Plan, Receivership Report
Adjournments
- Applications to continue scheduled events must be written and directed to the assigned Judge or Magistrate.
- A continued event must be contemporaneously assigned a fixed date.
- Continuance applications must state the reason, current assignment, client-notification information, opposing-party notification and consent information, and a proposed new date within 60 days approved by the Court and opposing counsel if the application is granted.
- +7 more
Request must include
- Continuance applications must be submitted at least 14 days before the scheduled event, unless there is an emergency or the Court deems the cause sufficient.
Page & Word Limits1 rule
The GAL shall provide a one page written summary to the Court at least five (5) days prior to the GAL pre-trial conference.
Written Summary
1 page
Document Format Requirements11 rules
Plaintiffs exhibits are to be marked with Arabic numerals; Defendant’s exhibits to be marked with letters; and stipulated joint exhibits to be marked with Roman numerals.
Exhibit stickers shall also be marked with the case number and the date (if a trial is to be conducted over a period of consecutive days it may be dated with the first date of trial).
All documents and exhibits must be marked for identification purposes
All ex parte orders shall advise the opposing party of the right to request a hearing and shall contain the following language in bold print:
The NOTICE cover sheet must print the required language in bold, 22-point font or larger.
The requirement that the Guardian ad Litem, when providing the report to unrepresented parties and legal counsel of record attach a cover sheet entitled NOTICE which sets out the language required above in subparagraph 2 in bold print in 22-point font or larger.
The prescribed notice to the Plan Administrator must appear in bold print after the QDRO’s last page.
Following the last page of the QDRO, Counsel or self-represented party shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Qualified Domestic Relations Order has been qualified with the Clerk of Courts. NOTICE TO PLAN ADMINISTRATOR THIS QUALIFIED DOMESTIC RELATIONS ORDER HAS BEEN SERVED UPON YOU. PLEASE PROVIDE WRITTEN VERIFICATION OF ITS QUALIFICATION TO (choose correct jurisdiction): Defiance County Clerk of Courts Fulton County Clerk of Courts 221 Clinton 210 S Fulton St #102 Defiance OH 43512 Wauseon OH 43567 Case Number: Case Number: Henry County Clerk of Courts Williams County Clerk of Courts 660 North Perry Suite 302 One Courthouse Square, 3rd Floor PO Box 71 Bryan OH 43506 Napoleon OH 43545 Case Number: Case Number:
Said application, motion, and judgment entry shall be submitted to the Clerk of Courts in triplicate with each bearing original signatures.
The NOTICE cover sheet must present the required language in bold print using at least 22-point font.
In addition, the Guardian ad Litem, when providing the report to unrepresented parties and legal counsel of record shall attach a cover sheet entitled NOTICE which sets out the language required above in bold print in 22-point font or larger.
Unless a judge directs otherwise, covered filings must be on white letter-size paper, legible, securely fastened, and page-numbered if they contain more than one sheet.
In addition to the requirements of Civ. R. 10, all papers filed with the Clerk as pleadings, motions, applications, judgments and orders shall be on 8½ by 11 inch white paper, typewritten, or printed in a neat and legible manner, securely fastened together and page numbered if consisting of more than a single sheet.
All papers shall have a blank space of at least two and one-half (2½) inches at the top of the first page for file marks by the Clerk. All subsequent pages shall have a top margin of not less than one (1) inch.
counsel may highlight on all copies what they want the Court to review.
Document Filing Requirements143 rules
A pleading with a Rule 38 jury demand endorsed on it must include “Jury demand endorsed hereon” in the caption, unless the demand appears in the body; omission waives a jury trial.
If a jury demand, pursuant to Rule 38 of the Ohio Civil Rules of Procedure, is endorsed upon a pleading, the caption of the pleading shall state, "Jury demand endorsed hereon". Failure to comply with Ohio Civil Rule 38 shall result in the case being tried to the Court and failure to include this statement on the caption shall be a waiver of jury trial, unless the demand for jury is contained in the body of the pleading.
DocumentPleading
The filing of video deposition shall conform to Sup.R. 13, and in addition, a typed certified copy of the transcript and a list of objections shall be filed along with the video deposition.
DocumentVideo Deposition
The Clerk must accept unaltered, properly completed Supreme Court of Ohio Uniform Standardized Forms when any applicable filing fee is paid.
All forms approved by the Supreme Court of Ohio as part of their Uniform Standardized Forms shall be accepted for filing by the Clerk of Courts provided the forms have not been altered, are properly completed and have the filing fee, if applicable.
DocumentUniform Standardized Form
An in forma pauperis motion must include the attorney’s statement that no attorney’s fees have been or will be accepted until costs are paid or secured.
A No motion to proceed In Forma Pauperis shall be granted by the Court unless there is attached thereto a statement by the attorney for the party executing such affidavit that he or she has not accepted and will not accept any attorney’s fees in said cause until the costs are paid or secured to be paid.
DocumentIn Forma Pauperis Motion
All motions shall be accompanied by a proposed order which shall include the new date.
DocumentMotion
Additionally, an updated list, if any, shall be presented to the opposing counsel and the Court prior to the start of trial.
DocumentUpdated Trial Exhibit List
Counsel shall also provide opposing counsel and the Court a full and complete Exhibit List of all proposed trial exhibits, including their proper identification, at least seven (7) days prior to trial.
DocumentTrial Exhibit List
A. Each motion must be submitted by separate pleading with representations of fact to support the motion and a memorandum of law containing citations to authority in support of the motion.
DocumentMotion
B. Copies of briefs and memoranda provided for the Court and for all parties shall have attached thereto a copy of all unreported cases, or other references cited or referred to
DocumentBrief
C. If the motion is one to continue a matter, to vacate a hearing or trial, or a similarmotion where citations are not necessary, the memorandum must contain representations of fact verified by the attorney or an affidavit in support of the motion.
DocumentMotion
D. All motions must be accompanied by a separate proposed Order.
DocumentMotion
Motions to show cause/contempt of Court in domestic relations cases shall include an affidavit by the party alleging the contempt, with specificity as to the violations of the Court order.
DocumentShow Cause Contempt Motion
A domestic-relations contempt motion alleging nonpayment of medical or health-care bills must include the completed and filed “Explanation of Health Care Bills” form.
All motions to show cause/contempt of Court in domestic relations cases alleging non-payment of medical/health care bills shall include the Form titled “Explanation of Health Care Bills” (Appendix G, Form 4) as approved by the Supreme Court of Ohio, Uniform DR forms. This form shall be completed and filed with the motion.
DocumentShow Cause Contempt Motion
When a party files a motion to amend a pleading, he shall provide the Court with a proposed judgment entry which shall have attached thereto the proposed amended pleading.
DocumentMotion To Amend
All motions to show cause/contempt of Court shall state the date of the prior Court order(s) and the specific provision(s) of the prior Court order(s) that are alleged to be violated.
DocumentShow Cause Contempt Motion
The submitting letter must include the specified certification when no response is made within 14 days.
I HEREBY CERTIFY THAT THE FOREGOING ENTRY OR ORDER WAS (MAILED, DELIVERED, OR FAXED) TO , COUNSEL FOR PLAINTIFF/ DEFENDANT, ON THE DAY OF , 20 AND HAS NOT BEEN RETURNED, REVISED NOR OBJECTED TO.
DocumentSubmitting Letter
A judgment entry incorporating a separation and property settlement agreement or shared parenting plan must attach a copy of that agreement or plan.
1. All judgment entries incorporating a separation and property settlement agreement or shared parenting plan shall have attached thereto a copy of the separation and property settlement agreement or shared parenting plan.
DocumentJudgment Entry
D. Judgment entries in all actions involving title to real property shall include a legal description of the property inquestion. Said legal description shall be certified by the appropriate county official as being accurate.
DocumentJudgment Entry
C. The Court shall include the vehicle identification number (VIN), year, make and model in every order directing the issuance of title to a motor vehicle.
DocumentOrder
Parties who intend to call expert witnesses are required to obtain from the expert witness a written report which shall state the expert’s opinion and the factual basis for that opinion.
DocumentExpert Report
B. The attorney who represents the judgment creditor shall include in the complaint a statement setting forth to the best of his knowledge the last known address of the defendant or defendants.
DocumentComplaint
D. In all cases, the original note shall be presented for cancellation by the Court, or its absence adequately explained.
DocumentCognovit Judgment
A complaint seeking a cognovit judgment must contain or be accompanied by an affidavit addressing the maker’s county of residence, where the warrant of attorney was signed, and whether the instrument arises from a consumer loan or transaction.
A. When a complaint is presented to the Court for the rendering of a cognovit judgment, it shall contain or be accompanied by an affidavit to the effect: 1. That the maker of the cognovit note now resides in the county in which the action is brought; 2. That the maker, or any one of several makers, of the cognovit note signed the warrant of attorney in the county in which the action is brought; 3. That the instrument does not arise out of a consumer loan or a consumer transaction. (ORC Section 2323.13(E)).
DocumentComplaint
A withdrawal request requires compliance with DR 2-110, an attorney certification stating the reason for withdrawal and confirming notice to the client about the case file and all court dates and deadlines, and a proposed entry.
Withdrawal of counsel may be approved only upon compliance with the terms set forth in DR 2-110 of the Code of Professional Responsibility and upon submission of the following to the Court. 1. A certification from the attorney seeking to withdraw from the case stating: a. The reason for the need to withdraw; b. That the client has received the withdrawing attorney’s entire file on the case, or that the client has been given express written notice of where and when the entire file may be obtained; c. That a written notice containing all court dates and deadlines have been given to the client. 2. A proposed entry.
Substitution of counsel may be approved only upon entry of appearance by succeeding counsel or upon submission of a proposed entry of substitution approved by withdrawing and succeeding counsel.
DocumentSubstitution Of Counsel
The attorney must file and serve a “Notice of Limited Appearance” that clearly describes the scope of the limited appearance and states that the limitation has been authorized by the client.
DocumentNotice Of Limited Appearance
By signing the Notice of Completion of Limited Appearance an attorney certifies under Civ.R. 11 that all of the services for which the attorney was retained have been completed.
DocumentNotice Of Completion Of Limited Appearance
As provided by Civ.R. 3(B), an attorney’s limited appearance may be terminated by filing and service of a “Notice of Completion of Limited Appearance.”
DocumentNotice Of Completion Of Limited Appearance
In the specified real-property cases, plaintiff’s counsel must file a statement of owners and lienholders or a qualifying preliminary judicial report with the original complaint or petition.
A. In cases to quiet title, for partition, and for the marshalling and foreclosure of liens on real property, (other than delinquent real estate tax foreclosure actions) counsel for plaintiff must file the following with the Clerk at the time of the filing of the original complaint or petition: 1. A statement of owners and lienholders or a preliminary judicial report, including the names of the owners of the property, and a reference to the volume and page and date of recording of the next preceding recorded instrument by or through which the owners claim title, as die same shall have been prepared and extended by a responsible title company to a date not over thirty (30) days prior to the filing of the complaint, the costs of which are taxed as costs;
DocumentOriginal Complaint Or Petition
B. After all the defendants have been served with complaint, counsel for the plaintiff shall obtain and file an updated title report establishing all lienholders have been made parties and served with the complaint.
DocumentUpdated Title Report
2. The proposed order of sale contains a legal description certified by the appropriate county official as being accurate.
DocumentProposed Order Of Sale
An order of sale cannot be approved unless counsel files a written declaration that all recorded lienholders were notified of the application.
E. No order of sale shall be approved unless the following conditions have been met: 1. Counsel has filed a written declaration to the Court that all lien holders of record have been notified of the application for order of sale;
DocumentOrder Of Sale Application
Each receiver must acknowledge in writing in the record that they will comply with the listed duties.
Upon accepting appointment, each receiver must affirmatively acknowledge in writing in the record that they will: a. act in conformity with Ohio law and these local rules; b. deposit all funds coming into their hands into a separate trust account for the estate, with full contemporaneous record-keeping for all funds; c. avoid any conflict of interest; d. not directly or indirectly pay or accept anything of value that has not been fully and timely disclosed and formally approved by the court; e. not directly or indirectly purchase, acquire, or accept any interest in property managed, appraised, or sold through the receivership; and f. otherwise act in the best interests of the estate.
A duplicate copy shall be submitted to chambers, together with a proposed entry approving the plan and report.
DocumentReceivership Plan And Report
The initial receivership plan must identify the specified business, goals, assets, costs, duration, staffing and payroll, liquidation schedule, and anticipated proceedings.
The initial receivership plan shall identify: a. the nature of the debtor’s business, and a concise statement of the circumstances leading to the receivership; b. whether the present goal is to preserve and operate a business, collect rental on property, liquidate assets, or take other action; c. the significant assets of the receivership, including real estate, tangible or intangible property, inventory, cash on hand, accounts receivable, and claims against insurers or other third parties; d. anticipated transactional costs predictably to be incurred, including upcoming financing or mortgage payments, government fees or taxes, receiver fees, accounting, appraisal or auction costs, and legal fees inherent in the plan (as best they can be estimated); e. the anticipated duration of the receivership; f. if an active business is to be operated, the minimum number of employees needed to do so, and the estimated aggregate payroll (including benefits) per month; g. if property is to be liquidated, the estimated date by which appraisal and sale by the receiver can occur, and whether public or private sale is contemplated; h. if litigation or administrative proceedings are underway or anticipated, the nature and expected cost of each such proceeding.
DocumentReceivership Plan
The retention agreement between a receiver and every professional shall be in writing.
DocumentProfessional Retention Agreement
An application to retain professionals must describe each person's experience, licensure, and qualifications and verify the specified licensing, conflict-check, insurance, and contract terms.
Applications for authority to retain professionals to assist a receiver shall summarize the experience, current professional licensure, and other qualifications for every person sought to be retained. The application must affirmatively verify that: a. all necessary licenses are in good standing and not under suspension; b. appropriate “ conflict” checks have been made by the professional; c. as to lawyers, professional liability insurance in an amount equal to the 5-10 ===== PAGE 50 ===== minimum coverage required by the Rule 1.4 of Ohio Rules of Professional Conduct is in force; and d. the contract retaining the professional will affirmatively state that the professional wall avoid any conflict of interest in connection with work on the receivership; that gross proceeds of any sale or other transaction conducted by them wall be immediately turned over to the receiver or placed in a separate trust account; and that they will not, under any circumstances, directly or indirectly purchase, acquire, or accept any interest in any property they manage, appraise or sell through the receivership.
DocumentProfessional Retention Application
A receiver or other party seeking approval to retain a professional whose compensation will be charged to the estate or sale proceeds must apply to the court.
A receiver (or other party) requesting approval to retain an attorney or other professional (including appraisers, auctioneers, brokers, or real estate agents) whose compensation will be claimed against the estate or from proceeds of sale of estate property shall apply to the court.
DocumentApplication To Retain Professional
A court-appointed professional may not accept compensation unless it is fully and timely disclosed to the court for prior approval.
No fee, commission, expense reimbursement, or other direct or indirect compensation of any nature may be accepted by any court-appointed professional that is not folly and timely disclosed to the court for prior approval.
DocumentProfessional Compensation Disclosure
Applications to employ professionals must disclose customary and proposed compensation, specified fee payments during the preceding year, and details of any compensation already received for preparatory work.
Applications to employ professionals shall also set forth: a. the professional’s usual and customary hourly rate or fee; b. their proposed fee, hourly rate, or other alternative method or formula for determining compensation in the receivership; c. whether any fees were paid to the professional during the one (1) year period preceding the filing of the application from, or involving, (a) the debtor in receivership, (b) a person or party closely related to the debtor, or (c) a person or party known to be adverse to the debtor and to have a material claim in the receivership; and d. the amount, date paid, and source of any retainer or other compensation already received by the professional for preparatory work relative to the receivership.
DocumentProfessional Retention Application
Each written fee application must include notice to appearing parties, an updated plan and progress report, and a billing summary with the specified work and rate information.
Fee applications shall be made in writing, with notice to all parties that have appeared. The receiver or counsel for the receiver shall attach to each fee application a brief, updated plan and progress report, consistent with Local Rule 66.06, together with a billing summary concisely reflecting: a. the dates on which work was performed; b. a description of work performed; c. the name of each individual performing the work; and d. the hourly rate(s) sought to be charged, or other method used to calculate proposed fee(s) and expenses.
DocumentFee Application
The final fee application must be accompanied by a Receiver’s Final Report containing all specified financial, creditor, distribution, expense, and interested-person information.
When the final fee application is submitted, it shall be accompanied by a Receiver’s Final Report that includes all of the following information: 1. the total amount of money collected during the receivership, (b) the total funds collected since the last interim fee award to the receiver (if any), and (c) the source(s) of funds; 2) total funds previously disbursed to creditors; 3) the amount of money or any property remaining on hand; 4) the status of all known secured and unsecured creditors’ claims; 5) the approximate number and admitted balances due creditors but remaining unpaid; 6) the approximate number and total of creditors’ claims that remain open or unresolved; 7) proposed final distributions to creditors and the date by which receiver proposes to make them and close out the case; 8) the total administrative expense incurred to date, including fees paid to the receiver, attorneys and other professionals; 9) the amount of additional administrative expense sought to be paid in the final fee application; and 10) any known objections or other positions taken by those having an interest in the receivership with respect to the receiver’s final plan to wind up the case.
DocumentReceiver Final Report
An attorney acting as a receiver must clearly differentiate between fees sought for work performed as a receiver and for work separately performed as an attorney.
The proponent submitting the foreign judgment must provide a judgment entry with original certifications of authenticity from the foreignjurisdiction.
DocumentForeign Judgment
A written certification attached at submission must disclose AI use, identify the technology, and affirm final review, approval, and compliance with the rule.
Attorneys and parties shall disclose the use of AI Technology or AI- Assisted Material in the creation or editing of any document or evidence submitted to the Court or filed with the Clerk. The disclosure shall include a description of the AI Technology utilized Such disclosure shall be made at the time of submission by way of a written certification attached to the document or evidence. The certification shall identify the type of AI Technology used and affirm that the attorney or party has conducted a final review, approved the AI-Assisted Material, and is aware of and in compliance with this Local Rule.
DocumentDocument Or Evidence
Cases involving allocation of parental rights must include a DR 3 form and IV-D application with the complaint or other pleading requesting allocation.
In all cases in which allocation of parental rights for minor child(ren) may be involved, a DR 3 form (Parenting Proceeding Affidavit) and IV-D Application for Child Support Services (Schedule E) shall be filed at the time of the complaint or any other pleading requesting the allocation of parental rights and responsibilities for minor child(ren).
DocumentComplaint Or Pleading Requesting Allocation Of Parental Rights
Completed DR-1 (Affidavit of Income and Expenses) and DR-2 (Affidavit of Property) forms signed by both parties shall be filed in all dissolutions.
DocumentDissolution Action
If there are minor children, Plaintiff shall also file a IV-D Application for Child Support Services, DR-3 and DR-4 forms.
DocumentDivorce Annulment Or Legal Separation Complaint
If there are minor children, the parties shall file Child Support Guidelines, IV-D Application for Child Support Services, DR-3 (Parenting Proceeding Affidavit) and DR-4 (Health Insurance Affidavit).
DocumentDissolution Action
Within time allotted for response, the responding party shall also file the applicable DR forms.
DocumentResponding Party Filing
In all actions for dissolution, the parties shall file a petition for dissolution, separation agreement and a waiver of entry of appearance and service of summons.
DocumentDissolution Action
The responding party shall file a DR-1 form with his or her answer, response, objections to ex parte orders, counterclaims or counter-motions.
DocumentAnswer Response Objection Counterclaim Or Counter Motion
In all actions for divorce, annulment and legal separation, the party bringing the action shall file their DR-1 and DR-2 forms with their complaint.
DocumentDivorce Annulment Or Legal Separation Complaint
No case involving the allocation of parental rights and responsibilities for minor child(ren) may be filed without a DR-3 form and a IV-D Application.
DocumentCase Involving Allocation Of Parental Rights
If the responding party does not file a response, (s)he must file a DR-1 form at least ten (10) days prior to a hearing on temporary
DocumentDr 1 Affidavit
In cases with minor children, Schedule D must be completed and attached to the judgment entry, or its appropriate language may be incorporated into the entry instead.
Schedule D sets out requirements for provision of health insurance and shall be completed and attached to the judgment entr y filed in every case in which there are minor children or, in the alternative, appropriate language as set out within Schedule D may be incorporated in the judgment entry.
DocumentJudgment Entry
At such time as a child support order is issued by the Court, Schedule E shall be completed with the original forwarded by the Clerk of Courts to tire Child Support Enforcement Agency and a copy filed in the family file.
DocumentSchedule E
Every ex parte order must advise the opposing party of the right to request a hearing and include the prescribed language.
All ex parte orders shall advise the opposing party of the right to request a hearing and shall contain the following language in bold print: The Court has made this order solely upon the evidence provided by . You may request a hearing on this matter. You have the right to counsel and should have counsel present with you at any hearing. This is a temporary order and the Court will review all the evidence of the parties at any requested hearing.
DocumentEx Parte Order
Filing & Service rules
Electronic Filing Rules
When e-filing is available through the case management system, the Clerk will not accept filings by alternative electronic means such as fax or email.
The Clerk of Courts will not accept filings by alternative electronic means, including but not limited to facsimile transmission or e-mail, when e-filing is available through the case management system.
Page 12 | E-FILING WITH CLERK OF COURTS
Anyone filing electronically must register with the Clerk, use the assigned confidential unique identifier, and create an account with the Clerk-designated online payment agent.
Persons filing documents electronically must become registered e-filers with the Clerk of Courts. Registered e-filers will receive a confidential and unique electronic identifier. The e-filer is required to create an account with an on-line payment agent determined by the Clerk of Courts. As each county maintains a different case management system (CMS), please see each individual Clerk of Court’s website for their Administrative Order on E-filing procedures.
Page 12 | E-FILING WITH CLERK OF COURTS
The listed categories of documents, among others, cannot be e-filed.
Certain documents cannot be e-filed, including but not limited to: a) Civil Protection Orders b) Certificate of judgment c) Execution of judgment d) Bonds in criminal cases e) Subpoenas f) QDRO g) Depositions h) Transcripts i) Original wills and codicils j) Cognovit notes.
Page 13 | 4. Exceptions to E-filing
Each receiver’s plan and report must be filed with the Clerk, served on parties who have appeared or remain to be served, and accompanied by a duplicate for chambers and a proposed approving entry.
Copies of each receiver’s plan and report shall be filed with the Clerk, with service upon all parties who have made an appearance or for whom service remains pending. A duplicate copy shall be submitted to chambers, together with a proposed entry approving the plan and report.
Page 48 | F. Receivership Plan and Progress Reports
While a case is in mediation, documents may not be filed except for the listed documents or as expressly permitted by the rules or Court order.
The clerk of Courts shall not accept for filing any documents while a case is in mediation, unless expressly permitted by these rales or by Court order. Only the following documents may be filed while a mediation stay is in effect: 1. Motion to lift the mediation stay; 2. Response to a motion to lift mediation stay; 3. Motion or stipulation to dismiss the case; and 4. Notice related to counsel.
Page 108 | J. Stay of Proceedings
Electronic filing is required for the Certificate of Qualification for Employment petition procedure.
Electronic Filing Required
Page 150 | RULE 20.03 — CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
Electronically filed documents become part of the official Common Pleas Court record only when accepted and docketed.
a) Electronically filed, accepted and docketed documents are the official record of the Common Pleas Court.
Page 12 | Official Court Record
The Court provides an e-filing portal for online document submissions by counsel and self-represented litigants.
E-filing submission portal Online submission of documents – Contact with Clerk’s Office and Clerk of Courts used by counsel and self- website directions representing litigants
Page 343 | A. Case Management
The Clerk accepts electronic filings under Local Rule 3.01, and filings may also arrive by mail, fax, or personal delivery to the front counter.
The Clerk of Courts accepts filings electronically in accordance with Local Rule 3.01. Instructions are on the Clerk’s website. Case filings are entered daily into CMS360 by deputy clerks from sources such as – the mail, fax, personally delivery to the front counter and e-filing.
Page 345 | E. Filing
Filing Timing and Cure Windows
If service fails, the serving party must file further written instructions within 30 days.
In the event of failure of service, the serving party must file further written instructions within thirty (30) days).
Page 10 | Rule 3.01(B)(1), Service
An e-filing is deemed filed upon acceptance and receives an electronic stamp showing when the filer submitted it.
d) Official Time Stamp: Upon acceptance, the submission will be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the Court’s e-filing system.
Page 12 | Time, Effect and Process of E-filing
The Clerk reviews each e-filed document; only accepted documents are filed, docketed, and time stamped, while rejected submissions do not become part of the court record.
c) Clerk Review: The Clerk reviews all electronically filed documents for compliance with court rules, policies, procedures and practices. After review, the document becomes accepted, pending or rejected. Only accepted documents will be filed, docketed and time stamped. If the submission is rejected, the document shall not become part of the Court record.
Page 12 | Time, Effect and Process of E-filing
Electronic filing does not alter or extend applicable statutes of limitation.
Electronic filing does not alter or extend applicable statutes of limitation.
Page 13 | 3. No Time Extension
Noncompliant e-filings may be rejected and not filed, so e-filers must allow time for clerk review and any necessary resubmission.
Documents which do not fully comply may be rejected, not docketed, and not filed. The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.
Page 13 | 3. No Time Extension
The Court must review and approve filings by self-represented parties for compliance before filing.
All filings by self- represented parties are subject to compliance review and approval by the Court prior to filing (see Local Rule 10.05).
Page 14 | I. UNIFORM STANDARDIZED FORMS
Counsel-prepared judgment entries and compromise dismissal orders must be approved by all counsel of record and submitted within 28 days after notice of settlement, unless the Court agrees otherwise.
2. Judgment entries and orders of dismissal by compromise prepared by counsel shall be approved by all counsel of record, and submitted to the Court within twenty-eight (28) days after notice to the Court of settlement or as otherwise agreed by the Court.
Page 25 | Rule 4.04 — Orders and Judgments, B.2
If no response is made within 14 days, preparing counsel must submit the entry or order and a submitting letter with the specified certification.
5. If no response is made to original preparing counsel within fourteen (14) days, preparing counsel shall submit the entry or order along with the submitting letter to the Court with the following certification:
Page 25 | Rule 4.04 — Orders and Judgments, B.5
If counsel cannot agree within 28 days after the original submission, copies of both proposed drafts must be submitted to the Court, which may adopt either, prepare its own, or schedule a hearing.
6. If counsel cannot agree on an entry or order within twenty-eight (28) days of the original submission then copies of both the original and response order or entry drafts shall be submitted to the Court. The Court may adopt either entry, make its own entry, or set a date for a hearing on the proposed entries.
Page 26 | Rule 4.04 — Orders and Judgments, B.6
A reply to a response must be filed within 7 days after service of the response.
Any reply to said response shall be filed and served on or before the seventh (7th) day after the date of service of the response.
Page 27 | RULE 4.05 — RULE DAYS NOT FIXED BY LAW
When no other law or rule sets the time, a response must be filed within 14 days after service of the paper requiring the response.
In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the fourteenth (14th) day after the date of service of the pleading, motion or other paper, requiring the response.
Page 27 | RULE 4.05 — RULE DAYS NOT FIXED BY LAW
Trial counsel must submit a written settlement memorandum to the Court 10 days before the settlement pretrial conference.
F. Trial counsel shall be required to submit a written settlement memorandum to the Court ten (10) days prior to the settlement pretrial conference.
Page 30 | RULE 4.07 CIVIL PRETRIAL
If no objection is filed and served within 10 days, the attorney’s withdrawal is complete without leave of court.
If no objection to tire Notice of Completion of Limited Appearance is filed and served within 10 days, the attorney’s withdrawal is complete without the need for leave of court.
Page 38 | Rule 4.14(D)
The first receivership plan and activity report must be submitted within two months after the receiver is appointed.
The first plan (and report of activity to date) must be submitted no later than two months after appointment of the receiver.
Page 48 | F. Receivership Plan and Progress Reports
The court must receive a written receivership plan at the outset or as soon as information is reasonably available, with updates when warranted by significant developments or through periodic reporting.
At the outset of the receivership, or as soon thereafter as information becomes reasonably available, the court shall be provided with a written plan for the receivership. The plan shall, thereafter, be updated as significant developments warrant, or as part of ongoing periodic reporting to the court.
Page 48 | F. Receivership Plan and Progress Reports
After filing the first plan and report, the receiver must file updated plans and reports at least semi-annually, including specified updates on actions, future plans, costs, expenses, and the completion timetable.
After filing the first plan and report, the receiver shall file updated plans and reports no less often than semi-annually. Each shall include a summary of action taken to date measured against the previous plan for the receivership; shall set forth proposed future action; and shall update previous estimates of costs, expenses, and the timetable needed to complete the receivership.
Page 49
A party or person interested in property proposed for sale or lease may object within fourteen days of service of notice; the court may set a hearing or decide on the record.
If any party or person having an interest in the property to be sold or leased files an objection within fourteen days of sendee of the notice, the court may set the receiver’s request for hearing or may rule based on the material of record.
Page 51 | J. DISPOSITION OF PROPERTY
In administrative-agency appeals other than Child Support Enforcement Agency determinations, the appellee must file its brief within 14 days after service of the appellant’s brief.
Except as otherwise provided by specific rule, statute or court order, in all cases originating in administrative agencies and appealed to this Court, the following briefing schedule shall be followed: 2. The appellee’s brief shall be filed within fourteen (14) days after service of appellant’s brief; This Rule shall not apply to any determinations of the Child Support Enforcement Agency.
Page 66 | RULE 5.12 — APPEALS FROM ADMINISTRATIVE AGENCIES
A judge, magistrate, or designee must review a self-represented litigant’s pleading before the clerk time-stamps it.
All pleadings filed by self-represented litigants shall first be reviewed by the Judge, Magistrate or his/her designee before being time-stamped by the Clerk.
Page 88 | RULE 10.05(A)
The Guardian ad Litem must prepare and file a written report at least seven days before the specified hearings.
Pursuant to Sup. R. 48.06, a written report shall be prepared by the Guardian ad Litem and filed with the Court not less than seven (7) days before the final hearing and, in abuse, neglect, dependency, unruly and delinquency cases, not less than seven days prior to any initial dispositional healing, permanent custody hearing, and any hearing upon a motion requesting a change in disposition.
Page 101 | Chapter 13 - Guardian ad Litem
If the Plan Administrator does not file a Notice of Qualification, the parties or their attorneys must file the Administrator’s approval or qualification letter with the Clerk within 30 days of receipt.
If the Plan Administrator fails to file Notice of Qualification, the parties or attorneys for the parties shall file a copy of the letter of approval/qualified issued by the Plan Administrator with the Clerk of Courts within thirty (30) days of receipt.
Page 127 | Chapter 16
The investigator must file the investigation report at least seven days before any scheduled trial date.
The investigator shall file his or her report of the investigation at least seven (7) days before any scheduled trial date.
Page 133 | Chapter 18
The custody evaluator must file a written report at least 30 days before the final hearing.
a) A custody evaluator shall prepare and file with the court a written report at least 30 days prior to the final hearing.
Page 141 | F. Custody Evaluator Report; 1. General
The Court-appointed attorney must file the affidavit within 15 days of the defendant's arraignment.
Attorneys appointed by the Court to represent an indigent defendant shall be responsible for the filing of the Affidavit of Indigency/Financial Disclosure with the Clerk of Courts on the form provided by the Court within fifteen (15) days of the arraignment of the defendant.
Page 148 | RULE 20.02 — COURT APPOINTMENT
The attorney must submit the fee application, motion, and judgment entry within 30 days of whichever occurs first: conclusion of the case or termination of the attorney’s services.
Within thirty (30) days of the conclusion of the case of the termination of the attorney’s services, whichever should occur first, the attorney shall submit an application, motion and judgment entry for fees.
Page 149
A judge must decide the petition within 60 days after receiving all requested information, unless the petitioner requests and is granted an extension.
Once all information requested has been received, a Judge shall decide whether to Grant or Deny the Petition within sixty (60) days, unless Petitioner requests and is granted an extension of time.
Page 151 | Chapter 20 - Applicable Rules to Criminal Cases
A parent who intends to move must immediately file a Notice of Intent to Relocate with the Court.
12. Intent to Relocate: If a parent intends to move, he/she shall immediately file a Notice of Intent to Relocate with the Court.
Page 291 | Intent to Relocate
A parent who intends to move must immediately file a Notice of Intent to Relocate with the Court.
If a parent intends to move, the moving parent shall immediately file a Notice of Intent to Relocate with the Court.
Page 297 | 10. Intent to Relocate
A parent who intends to move must immediately file a Notice of Intent to Relocate with the Court.
If a parent intends to move, the moving parent shall immediately file a Notice of Intent to Relocate with the Court.
Page 301
Unless the Court modifies the time period, the GAL must submit the written report and recommendations at least seven days before the final hearing in proceedings involving allocation of parental rights and responsibilities.
Unless the time period is modified by the Court, the GAL shall submit their frill written report(s) with recommendations to the court, counsel of record and self-represented parties, in accordance with the following time requirements: • In proceedings involving the allocation of parental rights and responsibilities, not less than seven days before the final hearing date.
Page 328 | Order Appointing Guardian ad Litem
Unless the Court modifies the time period, the GAL must submit the written report and recommendations at least seven days before the specified dispositional, permanent-custody, or change-in-disposition proceedings in abuse, neglect, dependency, unruly, and delinquency cases.
Unless the time period is modified by the Court, the GAL shall submit their frill written report(s) with recommendations to the court, counsel of record and self-represented parties, in accordance with the following time requirements: • In abuse, neglect, dependency, unruly, and delinquency cases, not less thanhearing seven days prior to any initial dispositional hearing, permanent custody hearing, and any upon a motion requesting a change in disposition;
Page 328 | Order Appointing Guardian ad Litem
The GAL must provide the written summary to the Court at least five days before the pre-trial conference.
The GAL shall provide a one page written summary to the Court at least five (5) days prior to the GAL pre-trial conference.
Page 328 | Order Appointing Guardian ad Litem
The custody evaluator must submit a full written report upon completion and, if a final hearing date is set, at least 30 days before that date.
10. Custody Evaluator shall submit a full written report to the Court upon completion of the evaluation. In the event a final hearing date has been set, the report must be submitted at least thirty days before that date. If a final hearing date has not, as yet, been set, this matter shall be scheduled for further hearing upon receipt of the evaluation report.
Page 337
The mediator must file a mediation report with the Court and make it available to counsel within fourteen days after mediation concludes.
It is further ORDERED, ADJUDGED AND DECREED that within fourteen (14) days after the conclusion of the mediation services the mediator shall file with the Court and make available to counsel for all parties an appropriate mediation report concerning the result of the mediation.
Page 340 | Judgment Entry Requiring Mediation Services
Upon receipt of an e-filing, the system must issue confirmation showing the receipt date and time, which serves as proof of receipt.
b) Receipt: Upon receipt, the Court’s e-filing system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.
Page 12 | Time, Effect and Process of E-filing
Approval of fees or other proposed action ordinarily will not occur until seven days after service of an updated plan or report, although the court may alter the notice period for good cause.
Ordinarily, no approval of fees or other proposed action in a receivership will occur unless seven (7) days have elapsed following service of an updated plan or report, in order to allow interested parties to comment or object. However, for good cause the court may alter this notice period.
Page 49
Upon referral to mediation, the court may stay all filing deadlines for up to 60 days.
Upon referral of a case to mediation, the court may elect to stay all filing deadlines for up to 60 days.
Page 64 | 10. Stay of Proceedings
Service and Proof of Service Rules
The Clerk must serve the original complaint by certified U.S. mail with return receipt requested unless written instructions requesting an alternative method are filed with the complaint.
Clerk shall perfect service of the original complaint by United States Postal Service via certified mail, return receipt requested, pursuant to Civil Rule 4.1 unless written instructions requesting alternative means of services are filed with the original complaint.
Page 10 | Rule 3.01(B)(1), Service
When the Clerk must serve summons for a complaint, pleading, or motion, enough copies must be filed to provide one to each party.
Upon the filing of a complaint or any other pleading or motion for which the service of summons by the Clerk of Courts is required, sufficient copies shall be filed so that one copy thereof may be provided to each party.
Page 11 | NUMBER OF COPIES TO BE FILED
Marked documents and exhibits must be shared with opposing counsel at least seven days before trial.
shared with opposing counsel at least seven (7) days prior to trial.
Page 21 | G. TRIAL EXHIBITS AND EXHIBIT LISTS
If there is a Court reporter, counsel must provide the reporter a copy of the exhibit list.
In the event that there is a Court reporter, a copy of said exhibit list shall be provided to the Court reporter.
Page 21 | G. TRIAL EXHIBITS AND EXHIBIT LISTS
The Court shall send copies of judgment entries or other orders to counsel and parties, with transmission to represented parties if ordered.
A. The Court shall transmit, or direct the Clerk of Courts to transmit, copies of judgment entries or other orders to all counsel and unrepresented parties and represented parties if so ordered.
Page 25 | Rule 4.04 — Orders and Judgments
The Clerk must mail all final appealable orders to counsel and parties within three days of journalization.
E. All final appealable orders will be delivered to counsel, unrepresented parties and represented parties by the Clerk by regular U.S. mail within three (3) days of journalization.
Page 26 | Rule 4.04 — Orders and Judgments, E
A reply to a response must be served within 7 days after service of the response.
Any reply to said response shall be filed and served on or before the seventh (7th) day after the date of service of the response.
Page 27 | RULE 4.05 — RULE DAYS NOT FIXED BY LAW
When no other law or rule sets the time, a response must be served within 14 days after service of the paper requiring the response.
In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the fourteenth (14th) day after the date of service of the pleading, motion or other paper, requiring the response.
Page 27 | RULE 4.05 — RULE DAYS NOT FIXED BY LAW
The expert’s report and all relevant expert documents, including records and bills, must be provided to opposing counsel at least 10 days before the expert’s deposition or final settlement pre-trial, whichever occurs first.
The expert’s report and all relevant documents, including all records and bills of an expert witness shall be provided to opposing counsel at least ten (10) days prior to the taking of said expert's deposition or final settlement pre-trial, whichever occurs first.
Page 28 | RULE 4.06 — DISCOVERY
The Court must send written hearing-date notice to counsel and unrepresented parties at the address on the pleadings or the Clerk’s Office mailbox; notice to represented parties is sent if so ordered.
The Court shall send written notice of all hearing dates to counsel, unrepresented parties and/or represented parties if so ordered. Notice to counsel and unrepresented parties shall be at the address on pleadings or the mailbox in the Clerk of Courts office.
Page 31 | RULE 4.08 NOTICE OF HEARINGS/APPEARANCE OF COUNSEL
Counsel is responsible for notifying clients of all hearing dates.
It shall be counsel’s responsibility to notify clients of all hearing dates.
Page 31 | RULE 4.08 NOTICE OF HEARINGS/APPEARANCE OF COUNSEL
The Clerk must notify each defendant by registered or certified mail, sending copies of the pleadings and judgment entry to the address in the complaint.
The Clerk shall notify the defendant or defendants by mailing a copy of the pleadings and judgment entry by registered or certified mail at the address set forth in the complaint.
Page 32 | RULE 4.09 COGNOVIT JUDGMENTS
Immediately upon entry of judgment, the judgment creditor’s attorney must furnish the Clerk of Courts with copies of the pleadings and judgment entry.
C. Immediately upon the entering of any judgment, the attorney who represents the judgment creditor shall furnish a copy of the pleadings and judgment entry to the Clerk of Courts.
Page 32 | RULE 4.09 COGNOVIT JUDGMENTS
The Notice of Limited Appearance must be served as well as filed.
The attorney must file and serve a “Notice of Limited Appearance” that clearly describes the scope of the limited appearance and states that the limitation has been authorized by the client.
Page 37 | Rule 4.14(D)
During a limited appearance, any paper requiring service under Civ.R. 5 must be served on both the attorney and the client.
When an attorney has entered a limited appearance, any pleading, order, notice, brief or other paper that Civ.R. 5 requires to be served must be served on both the attorney and the attorney’s client.
Page 37 | Rule 4.14(D)
The Notice of Completion of Limited Appearance must be served as well as filed.
As provided by Civ.R. 3(B), an attorney’s limited appearance may be terminated by filing and service of a “Notice of Completion of Limited Appearance.”
Page 38 | Rule 4.14(D)
The Clerk of Courts must give all counsel and unrepresented parties written notice of the judicially ordered sale’s time, date, and location.
The Clerk of Courts shall provide written notice to all counsel and unrepresented parties of the time, date and location of the judicially ordered sale.
Page 44 | RULE 5.04(G)
When a judicially ordered sale is published, the Sheriff must give the Clerk written notice of the sale’s time, date, and location.
At the time of publication of any judicially ordered sale, the Sheriff shall provide the Clerk of Court written notice of the time, date and location of the sale.
Page 44 | RULE 5.04(G)
Unless the court clearly served the order through the e-filing system, the submitting or approving party must serve it on the specified recipients and file proof of service.
Unless it is clear that service has already been made by the court using the e-filing system, the party who submitted or approved a proposed order entered by the court is responsible for serving it upon the receiver or receiver’s counsel and upon all parties who have appeared, or for whom service of process remains underway. Proof of service must be filed by the party making service.
Page 46 | RULE 5.05(C)(2)
Unless authorized to continue the business, a receiver must notify all known creditors of the appointment.
Unless the court specifically authorizes a receiver to continue a business, the receiver shall: 1. take control of the assets of the defendant debtor that are subject to the receivership; ' 2. give notice to all known creditors of the receiver's appointment;
Page 47 | E. General Duties of the Receiver
Each receiver’s plan and report must be served on parties who have appeared or for whom service remains pending.
Copies of each receiver’s plan and report shall be filed with the Clerk, with service upon all parties who have made an appearance or for whom service remains pending.
Page 48 | F. Receivership Plan and Progress Reports
Unless the court addresses the matter at the initial receivership hearing, written notice of each professional-retention application must be given to the debtor, appearing parties, and those with service of process still pending.
Unless the court addresses the application during the initial hearing on whether to grant a receivership, written notice of all such applications shall be given to the debtor, all parties that have appeared and all those for whom service of process remains pending.
Page 49 | H. APPLICATIONS TO EMPLOY COUNSELOR PROFESSIONALS
Unless otherwise ordered, the receiver must serve notice of the proposed sale or lease and its terms on all parties and all known interested persons.
Unless otherwise ordered, a receiver shall serve notice of the receiver's intent to sell or lease receivership property and the terms of such proposed sale or lease for all property. Notice shall be given to all parties in the action and all persons known to have an interest in the property to be sold or leased.
Page 51 | J. DISPOSITION OF PROPERTY
Prospective jurors must be notified by ordinary mail of their selection and duty to respond.
The Jury Commissioners over the signature of the Defiance, Fulton, Henry or Williams County Sheriff shall notify by ordinary mail prospective jurors of their selection for jury service and their requirement to respond.
Page 70 | RULE 6.04 — PROCEDURES FOR SUMMONING JURORS
The Court must notify the Prosecutor’s Office of scheduled hearings as soon as reasonably practical after scheduling.
The Court shall provide notice of any scheduled hearing to the Prosecutor’s Office. Such notice shall be transmitted as soon as reasonably practical following the scheduling of the hearing.
Page 77 | C. Notifications
The Prosecutor or designee must notify victims of pre- and post-conviction hearings, including the listed hearing types.
The Prosecutor or designee shall notify victims for pre and post- conviction hearings, including but not limited to pretrials, trials, judicial release, community control revocations and sealing of record.
Page 77 | C. Notifications
The Guardian ad Litem must provide the report to unrepresented parties and counsel of record.
The report shall be provided by the Guardian ad Litem to unrepresented parties and legal counsel of record.
Page 101 | Chapter 13 - Guardian ad Litem
The Guardian ad Litem must be served with copies of all pleadings and provided notice of all hearings.
The Guardian ad Litem shall be served with copies of all pleadings and shall be provided notice of all hearings.
Page 102 | Chapter 13 - Guardian ad Litem
One week before a neutral evaluation session, attorneys and self-represented parties must submit court-ordered documents to the evaluators and other parties, with delivery to opposing counsel or a self-represented party at least seven days beforehand by an allowed method unless the court orders otherwise.
One week prior to the neutral evaluation session, each attorney or self-represented party shall submit a memorandum, brief or other documents as may be ordered by the court to the neutral evaluator(s), to the other attorney(s), and to any self-represented party. Unless otherwise ordered by the court, the required documents shall arrive at the office of opposing counsel or at the residence of any self-represented party at least seven days before the neutral evaluation session via ordinary mail, hand-delivery, facsimile or e-mail.
Page 111 | Referral to and Participation in Neutral Evaluation
A motion seeking a continuance must be served upon opposing counsel or any self-represented party.
If a continuance of a scheduled neutral evaluation session is desired, a motion seeking a continuance will be required, served upon the opposing attorney(s) or self-represented party(s).
Page 111 | Continuances
When filing a QDRO, counsel or a self-represented party must simultaneously file a praecipe directing the Clerk to serve the Plan Administrator.
Upon the filing of a Qualified Domestic Relations Order, Counsel or self¬ represented party shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Qualified Domestic Relations Order.
Page 127 | Chapter 16
When filing a Division of Property Order, counsel or a self-represented party must simultaneously file a praecipe directing the Clerk to serve the Plan Administrator.
Upon the filing of a Division of Property Order, Counsel or self-represented party shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Division of Property Order.
Page 129 | Chapter 16, H
When the investigator’s report is filed, the court must send copies to attorneys of record and unrepresented parties.
At the time the investigator’s report is filed, copies shall be sent by the court to the attorney(s) of record and any unrepresented parties.
Page 133 | Chapter 18
When the report is filed, the court must send copies to counsel of record and unrepresented parties, with the specified notice attached as a cover sheet.
c) At the time the report is filed, copies shall be sent by the court to the attorney(s) of record and any unrepresented parties. When the report is sent to the attorney(s) and/or unrepresented parties, a cover sheet containing the NOTICE stated in Paragraph D above shall be attached to the report.
Page 141 | F. Custody Evaluator Report; 1. General
The report is admitted on the court’s motion as the court’s exhibit in the form of the evaluator’s expert direct testimony, and a party challenging it must subpoena the evaluator at least fourteen days before the hearing or trial.
a) The evaluator’s report shall be admitted into evidence at a hearing or trial on the court’s motion. The report shall be admitted as tire court’s exhibit in the form of the evaluator’s expert direct testimony. A party challenging the report shall subpoena the evaluator to appear not less than fourteen days before a hearing or trial.
Page 142 | 6. Testimony and report at hearing or trial
The Adult Probation Department must mail the specified notice to each identified court.
The Adult Probation Department shall send a Notice to Court Regarding Petition for Certificate of Qualification for Employment and Submission of Information Regarding Petition for Certificate of Qualification for Employment to each court so identified. Such Notice shall be sent via ordinary US mail.
Page 151 | Chapter 20 - Applicable Rules to Criminal Cases
The Adult Probation Department must send the specified petition notice to the Williams County Prosecuting Attorney.
The Adult Probation Department shall also send a Notice to Prosecutor Regarding Petition for Certificate of Qualification for Employment and Submission of Information Regarding Petition for Certificate of Qualification for Employment to the Williams County Prosecuting Attorney.
Page 151 | Chapter 20 - Applicable Rules to Criminal Cases
Filing Fees and Waivers
The Clerk of Courts must accept unaltered, properly completed Supreme Court of Ohio Uniform Standardized Forms for filing when any applicable filing fee is paid.
All forms approved by the Supreme Court of Ohio as part of their Uniform Standardized Forms shall be accepted for filing by the Clerk of Courts provided the forms have not been altered, are properly completed and have the filing fee, if applicable.
Page 14 | I. UNIFORM STANDARDIZED FORMS
Unless an in forma pauperis motion is accepted or the Court waives the deposit, filings made without the required court-cost deposit may be summarily stricken.
B Unless a motion to proceed In Forma Pauperis is filed and accepted by the Court or the Court waives deposit for costs, any document, pleading, motion, request, objection, petition or complaint filed without payment of the court cost deposit to the Clerk, as listed in Appendix B, may be summarily stricken by the Court.
Page 15 | Rule 3.02(B)
If a cost deposit becomes insufficient, the Clerk must require the appropriate parties to make an additional deposit sufficient to cover reasonably anticipated costs.
D If at any time the deposit for costs becomes insufficient in any case, the Clerk shall require of the appropriate parties an additional deposit in an amount sufficient to secure the reasonably anticipated costs.
Page 15 | Rule 3.02(D)
If a cost-deposit check or other negotiable instrument is dishonored, the Court may dismiss the filing after giving the filer ten days’ notice to pay the required security for costs.
C If a check or other negotiable instrument for deposit for costs is dishonored for any reason, the filing may be dismissed by the Court after ten (10) days notice is given to the filer for failure to pay the required security for costs.
Page 15 | Rule 3.02(C)
When the county sheriff is ordered to conduct a judicial sale of real property, counsel must post the Appendix B deposit with the initial Order (Praecipe) of Sale; the Clerk pays it to the website vendor upon written invoice.
In all cases in which the county sheriff is ordered to conduct a judicial sale of real property, counsel shall post a deposit as set forth in Appendix B at the time of filing an initial Order (Praecipe) of Sale. The deposit constitutes the current license fee charged for the use of the Public Sheriffs Sale Website pursuant to ORC §2329.153. The deposit will be paid by the Clerk of Courts to the vendor of the Public Sheriffs Sale Website upon written invoice.
Page 44 | RULE 5.04(H)
A party that cancels a sheriff’s sale after an Order of Sale issues, except for a bankruptcy action, must pay a $75 cancellation fee.
In the event a party cancels a Sheriffs sale (after Order of Sale has issued) for any reason other than a bankruptcy action, a cancellation fee of $75.00 shall be assessed against the party cancelling said sale.
Page 45
The Clerk of Courts must secure a deposit for costs before processing and serving subpoenas requested by an out-of-state litigant.
The Clerk of Courts shall secure a deposit for costs before processing and serving the subpoenas as required by the out-of-state litigant.
Page 58 | RULE 5.09 OUT OF STATE SUBPOENAS TO BE SERVED IN DEFIANCE, FULTON, HENRY AND WILLIAMS COUNTIES
The petitioner must pay the deposit required by Rule 3 before any action is taken on the petition.
D. Before any action is required to be taken on the Petition, the Petitioner must pay a deposit as set forth under Rule 3 - Security for Costs.
Page 150 | RULE 20.03 — CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
A $75 charge is listed for a foreign judgment.
FOREIGN JUDGMENT $ 75.00
Page 179 | Appendix B — Security Costs
A $400 deposit is listed for a foreclosure complaint.
COMPLAINT $400.00
Page 179 | Appendix B — Security Costs
A $35 charge is listed for making and filing a certificate of judgment.
MAKING & FILING $35.00
Page 179 | Appendix B — Security Costs
A $125 charge is listed for post-conviction motions or petitions, including the examples provided.
POST-CONVICTION MOTIONS/ PETITION: EXAMPLE: SEX OFFENDER RE-CLASSIFICATION, $125.00 FIREARM DISABILITY, LIFETIME SUSPENSION, CERTIFICATE OF QUALIFICATION OF EMPLOYMENT (CQE)
Page 179 | Appendix B — Security Costs
A divorce or dissolution with children has a $450 deposit, plus $30 for each child aged 5–17 in Williams and Henry counties only.
DIVORCE / DISSOLUTION – WITH CHILDREN $450.00+ + plus an additional $30.00/child between the age of 5-17 (Williams & Henry only)
Page 179 | Appendix B — Security Costs
A $37 charge is listed for filing a certificate of judgment from another court.
FILING FROM ANOTHER COURT $37.00
Page 179 | Appendix B — Security Costs
A $150 charge is listed for a notice of appeal.
NOTICE OF APPEAL $150.00 $150.00
Page 179 | Appendix B — Security Costs
A notice of appeal filed in a common pleas case incurs an additional $25, for a listed total of $175.
IF FILED IN A COMMON PLEAS CASE – ADDITIONAL $25.00 $175.00
Page 179 | Appendix B — Security Costs
A $100 charge is listed for a QDRO or DPRO.
QDRO OR DPRO $100.00
Page 179 | Appendix B — Security Costs
A $280 charge is listed for post-judgment motions with children.
POST-JUDGMENT MOTIONS – WITH CHILDREN $280.00
Page 179 | Appendix B — Security Costs
A $150 deposit is listed for execution on a certificate of judgment or garnishments.
EXECUTION ON CERTIFICATE OF JUDGMENT / GARNISHMENTS $150.00
Page 179 | Appendix B — Security Costs
A $150 deposit is listed for a cognovit filing.
COGNOVIT $150.00
Page 179 | Appendix B — Security Costs
An $8 charge is listed for making a certificate of judgment to transfer.
MAKING TO TRANSFER $ 8.00
Page 179 | Appendix B — Security Costs
A $325 deposit is listed for a divorce or dissolution without children, including a cross-claim or counterclaim.
DIVORCE/ DISSOLUTION – WITHOUT CHILDREN, CROSS-CLAIM & COUNTERCLAIM $325.00
Page 179 | Appendix B — Security Costs
A $42 charge is listed for a State of Ohio certificate of judgment, including release.
STATE OF OHIO (INCLUDES RELEASE) $42.00
Page 179 | Appendix B — Security Costs
A $100 charge is listed for an original action in the Court of Appeals category.
ORIGINAL ACTION $100.00
Page 179 | Appendix B — Security Costs
A $5 charge is listed for filing a release, satisfaction, or partial satisfaction of lien.
FILING RELEASE, SATISFACTION OR PARTIAL SATISFACTION OF LIEN $ 5.00
Page 179 | Appendix B — Security Costs
A $500 deposit is listed for publication.
PUBLICATION $500.00
Page 179 | Appendix B — Security Costs
An $875 deposit for a private-selling-officer order-of-sale praecipe is applied to legal notice, appraisal, and court costs.
PREAECIPE FOR ORDER OF SALE BY PRIVATE SELLING OFFICER $875.00 TO BE USED TOWARDS COSTS OF - LEGAL NOTICE, APPRAISAL AND COURT COSTS
Page 179 | Appendix B — Security Costs
A $75 deposit is listed for cancellation of a sheriff’s sale.
CANCELATION OF SHERIFF’S SALE $ 75.00
Page 179 | Appendix B — Security Costs
A $250 deposit is listed for aid in execution, a writ of possession, or a debtor's examination.
AID IN EXECUTION, WRIT OF POSSESSION & DEBTOR'S EXAMINATION $250.00
Page 179 | Appendix B — Security Costs
MOTION WITH CONSENT JUDGMENT ENTRY / NOTICE TO RELOCATE $ 50.00
MOTION WITH CONSENT JUDGMENT ENTRY / NOTICE TO RELOCATE $ 50.00
Page 179 | Appendix B — Security Costs
A $350 deposit is required for a civil complaint, cross-claim, counterclaim, or third-party complaint.
CIVIL DEPOSIT AMOUNT CIVIL COMPLAINT, CROSS-CLAIM / COUNTERCLAIM, THIRD PARTY COMPLAINT, $350.00
Page 179 | Appendix B — Security Costs
A $1,400 deposit for a sheriff's order-of-sale praecipe is applied to legal notice, appraisal, and court costs and includes $500 payable to Real Auction.
PRAECIPE FOR ORDER OF SALE BY SHERIFF $1,400.00 TO BE USED TOWARDS COSTS OF - LEGAL NOTICE, APPRAISAL AND COURT COSTS (includes $500 payable to Real Auction)
Page 179 | Appendix B — Security Costs
A $100 charge is listed for sealing or expunging, regardless of the number of records.
SEALING / EXPUNGING (regardless of number of records per ORC 2953.32) $100.00
Page 179 | Appendix B — Security Costs
A home investigation costs $600 in Williams County; in other counties, the amount is set by court order.
HOME INVESTIGATION – WILLIAMS COUNTY $600, ALL OTHERS – PER COURT ORDER
Page 179 | Appendix B — Security Costs
A $25 charge is listed for a notice to relocate.
NOTICE TO RELOCATE $ 25.00
Page 179 | Appendix B — Security Costs
A request for an out-of-state subpoena to be served in Fulton County costs $250.
REQUEST FOR OUT OF STATE SUBPOENAS TO BE SERVED IN FULTON COUNTY $250.00
Page 180 | Appendix B — Security Costs, Fulton County
At the first hearing, the court may designate the party most able to make a divorce or dissolution deposit and set the amount; it may order a refund of excess combined deposits, and failure to pay may lead to sanctions, striking a pleading, or default proceedings.
REGARDING DIVORCE / DISSOLUTION DEPOSITS: A. However the Court may determine at the first hearing the party most able to make the deposit; and upon Order of the Court, that party shall deposit an amount determined by the Court; and if the Court so orders, the Clerk shall refund the original deposit to the extent that combined deposit exceeds that required. B. Failure by the party to deposit the amount ordered may result in the part being sanctioned including the striking of any pleading or the case proceeding as in default.
Page 180 | Appendix B — Security Costs, Defiance County
Courtesy Copy Requirements
A duplicate copy of the plan and report and a proposed entry approving them must be submitted to chambers.
A duplicate copy shall be submitted to chambers, together with a proposed entry approving the plan and report.
Page 48 | F. Receivership Plan and Progress Reports
After a visiting judge is appointed, counsel must supply that judge with a copy of every pleading, motion, or other paper filed for the record.
Subsequent to the date of the appointment of a visiting judge, counsel shall supply a copy of all pleadings, motions, or other papers filed for record with the visiting judge.
Page 10 | Rule 3.01(A)(5), Form of Filings
Sealing & Redaction Procedures
The non-public file must contain the listed affidavits, financial and evaluation records, reports, letters, form, and other items directed by the Court.
B. The non-public file shall contain the following items: 1. The parties’ DR-1, DR-2 and DR-3 affidavits and attachments thereto; 2. Tax returns; 3. Reports of psychological or custody evaluations; 4. Medical reports; 5. Reports of supervised parenting time or supervised parenting time exchanges; 6. Reports of a home study evaluator or Guardian ad Litem; 7. Reports of medical or drug testing; 8. Copy of Application for Child Support Services (IV-D); 9. Letters to the Court from the parties, the child(ren) and/or other individuals; 10. Victim’s Rights Form; 11. Other items as directed by the Court.
Page 17 | RULE 3.03 — NON-PUBLIC FILE
The public file must contain a Clerk-prepared Notice of Filing identifying the non-public document and its filing date in place of that document.
D. The “ public file” shall contain, in place of the document contained in the non-public file, a Notice of Filing prepared by the Clerk of Courts reflecting the filing of the document maintained in the non-public file and the date thereof (e.g., “ Notice is hereby given that on 3-8 ===== PAGE 18 ===== [date of filing] a [name of document ] was filed by [person or party filing document], which shall be maintained in the Non-public File”).
Page 17 | RULE 3.03 — NON-PUBLIC FILE
Documents filed in the public file that contain Social Security numbers or other identifying information must be redacted.
If there are documents which are to be filed in the “ public file” containing social security numbers or any other individual identifying information, the same shall be redacted on those documents in the “ public file.”
Page 17 | RULE 3.03 — NON-PUBLIC FILE
Documents containing sensitive personal information must be maintained in a separate non-public file by the Clerk of Courts.
A. Documents filed in any case containing sensitive personal information shall be kept in a separate non-public file to be maintained by the Clerk of Courts in such manner and in such location as the Clerk deems appropriate.
Page 17 | RULE 3.03 — NON-PUBLIC FILE
A transcript of the recording may be made available to counsel or the parties only after objections to a Magistrate’s Decision are filed or an appeal is taken to the Court of Appeals.
A transcript of said recording shall only be made available to counsel or the parties after the filing of Objections to a Magistrate’s Decision to the Court or an appeal to the Court of Appeals.
Page 18 | RULE 3.03 — NON-PUBLIC FILE
The recording of a child’s in camera interview may not be made available to a party or counsel without Court approval.
The recording shall not be made available to either party or counsel without Court approval.
Page 18 | RULE 3.03 — NON-PUBLIC FILE
Copying, posting, or disclosing non-public-file contents without prior approval may result in court action, including contempt penalties of incarceration and fines.
Any person who copies the contents of the non-public file, posts on social media or other mediums or discloses all or portions of the non-public file to another person, without prior approval, shall be subject to Court action including penalties for contempt which include incarceration and fines.
Page 18 | RULE 3.03 — NON-PUBLIC FILE
A recording or transcript of a child’s in camera interview must be held in a separate file when a party requests it or the Court chooses to do so.
In the event that the Court conducts an in camera interview of any child, upon request of any party or in its own discretion, the Court shall hold said recording or transcript of the recording in a separate file.
Page 18 | RULE 3.03 — NON-PUBLIC FILE
If a receiver’s report, motion, fee application, or other filing refers to trade secrets (such as a plan for operating an ongoing business, proposed sale prices, customer information, personnel matters, or other non-public information) or would necessarily reference attorney-client or work product communications, then redacted documents may be filed in the public record and served upon all parties that have appeared. When that occurs, a complete un-redacted document shall be submitted to the court for in camera review. Upon application by the receiver or any party, the court will re-examine the document and determine whether previously redacted information should
If a receiver’s report, motion, fee application, or other filing refers to trade secrets (such as a plan for operating an ongoing business, proposed sale prices, customer information, personnel matters, or other non-public information) or would necessarily reference attorney-client or work product communications, then redacted documents may be filed in the public record and served upon all parties that have appeared. When that occurs, a complete un-redacted document shall be submitted to the court for in camera review. Upon application by the receiver or any party, the court will re-examine the document and determine whether previously redacted information should
Page 52 | M. TRADE SECRET OR PRIVILEGED INFORMATION
The Clerk must retain Victim’s Rights Forms as non-public; prosecutors, victims, and their representatives may receive unredacted copies, while defendants and defense counsel may access the form without the victim’s address and other contact or identifying information unless the Court orders otherwise.
A Victim’s Rights Form shall be retained by the Clerk of Courts as a non- public document. a. Those who are entitled to unredacted copy: prosecutor, victim or victim’s representative b. Defendant and Defense Counsel shall have access to the form except for the victim’s address and other contact or identifying information unless ordered by this court.
Page 76 | RULE 7.01(B)(2)
Social security numbers and other information excluded from public records must be redacted; upon filing, the Clerk must keep the original under seal and prepare a redacted copy for the public case file.
F. All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence. Upon filing of a Petition, the Clerk shall file the original under seal for use by the Court, and prepare a redacted copy for inclusion in the portion of the case file accessible to the public.
Page 150 | RULE 20.03 — CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
Other documents containing sensitive personal information may be ordered into the non-public file on a party’s motion or the Court’s own motion.
C. Upon motion of any party or upon the Court’s own motion, other documents containing sensitive personal information may be ordered to be kept in the non-public file.
Page 17 | RULE 3.03 — NON-PUBLIC FILE
Individuals outside the listed categories may request access to the non-public file by filing a motion.
Other individuals may request to inspect and review the contents of the non-public file by filing a motion.
Page 18 | RULE 3.03 — NON-PUBLIC FILE
The listed parties, counsel, court-related professionals, and personnel may inspect and review the non-public file in performing their duties or as the Court directs.
F. Contents of the non-public file may be inspected and reviewed by the following individuals in the performance of their duties or as the Court may direct: 1. Parties; 2. A party’s attorney of record; 3. County’s CSEA counsel; 4. Mediators appointed to a case; 5. Court personnel; 6. Guardians Ad Litem appointed to a case; 7. Home investigators appointed to a case; 8. Parenting coordinators appointed to a case.
Page 18 | RULE 3.03 — NON-PUBLIC FILE
When the Court deems it advisable, prospective juror lists may use numbers instead of names, and other identifying data may be withheld and sealed.
To preserve the privacy and confidentiality of prospective jurors, when deemed advisable by the Court, lists of potential jurors submitted to counsel may be identified only by number, and other identifying data, i.e. telephone numbers, addresses, etc., may be withheld and sealed.
Page 75 | RULE 6.08
The Court may order that identifying data of prospective jurors and information contained on Juror Questionnaires provided counsel shall not be disclosed by counsel to litigants, defendants, or others not directly associated with counsel’s professional office.
The Court may order that identifying data of prospective jurors and information contained on Juror Questionnaires provided counsel shall not be disclosed by counsel to litigants, defendants, or others not directly associated with counsel’s professional office.
Page 75 | RULE 6.08
Adjournment & Extension Requirements
Applications to continue scheduled events must be written and directed to the assigned Judge or Magistrate.
All applications for the continuance of any scheduled event must be in writing and ===== PAGE 20 ===== directed to the Judge or Magistrate assigned to the case.
Page 19 | Rule 4.01(C) Continuances
A continued event must be contemporaneously assigned a fixed date.
No event will be continued without contemporaneously reassigning a fixed date.
Page 20 | Rule 4.01(C)(1) Continuances
Continuance applications must state the reason, current assignment, client-notification information, opposing-party notification and consent information, and a proposed new date within 60 days approved by the Court and opposing counsel if the application is granted.
All applications for continuances shall contain the following information: (a) The reason for the request; (b) The time and date of the current assignment; (c) A statement indicating that counsel has informed his client of the request or in the alternative why the client has not been informed of the request. (d) A statement indicating opposing counsel has been notified or in the event of an unrepresented party, the party has been notified, or the reason opposing counsel has not been notified and whether opposing counsel has consented to the continuance; (e) A new date within sixty (60) days which has been approved by the Court and opposing counsel in the event the Court grants the application for continuance.
Page 20 | Rule 4.01(C)(3) Continuances
A continuance request based on a trial-assignment conflict must include a copy of the conflicting assignment.
All requests for continuance based upon a conflict of trial assignment shall have attached thereto a copy of the conflicting assignment.
Page 20 | Rule 4.01(C)(4) Continuances
A motion to continue a trial or evidentiary hearing must be endorsed by both the party and counsel, unless the trial judge waives the requirement for good cause.
No party shall be granted a continuance of a trial or evidentiary hearing unless the motion is endorsed by the party as well as counsel, provided the trial judge may waive this requirement upon a showing of good cause.
Page 20 | Rule 4.01(C)(5) Continuances
Continuance applications must be submitted at least 14 days before the scheduled event, unless there is an emergency or the Court deems the cause sufficient.
All applications for continuances shall be submitted to the Court at least fourteen (14) days prior to the scheduled date for the event sought to be continued, absent emergency or cause deemed sufficient by the Court.
Page 20 | Rule 4.01(C)(2) Continuances
A scheduled mediation may be continued only for good cause and after the parties determine a mutually acceptable future date.
Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined.
Page 108 | K. Continuances
Pending motions alone do not justify a continuance, and a continuance will not be granted unless mediation can be scheduled before the final pretrial, subject to Court authorization.
Except as authorized by the Court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.
Page 109
A continuance of a scheduled neutral evaluation session requires a motion and may be granted only for good cause.
If a continuance of a scheduled neutral evaluation session is desired, a motion seeking a continuance will be required, served upon the opposing attorney(s) or self-represented party(s). A continuance for a scheduled neutral evaluation session shall be granted only for good cause shown.
Page 111 | Continuances
On a party's motion and for good cause, the court may shorten or extend the time periods in divisions (F)(1) and (F)(2).
Upon motion of a party in an action, and for good cause, the court may reduce or enlarge the periods of time provided in divisions (F)(1) and (F)(2) of this rule.
Page 24 | RULE 4.03 MOTIONS, F(3)
A scheduled mediation may be continued only for good cause after the parties determine a mutually acceptable future date, and it must be rescheduled before the final pretrial unless the court authorizes otherwise; pending motions alone are not good cause.
Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediation Services Coordinator or the judge or magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.
Page 64 | 11. Continuances
Chambers Communication Rules
Parenting coordinators may not communicate ex parte with the appointing court or division about substantive matters or the merits of the case.
A parenting coordinator shall have no ex parte communications with the appointing court or division regarding substantive matters or issues on the merits of the case.
Page 120 | D.7. Ex parte communications