Henry County Court of Common Pleas, General Division Document Filing Requirements
143 rules from official source documents
Required elements, certificates, and structural requirements for court documents.
CRITICAL
- Applies to
- Pleading
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.
CRITICAL
- Applies to
- Video deposition
A video deposition filing must include a typed certified transcript copy and a list of objections, in addition to complying with Sup.R. 13.
The filing of video deposition shall conform to Sup.R. 13, and in addition, a typed certified copy of the transcript and a list of objections shall be filed along with the video deposition.
CRITICAL
- Applies to
- Uniform standardized form
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.
CRITICAL
- Applies to
- In forma pauperis motion
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.
CRITICAL
- Applies to
- Motion
- Must include
- proposed order
Parties filing any motion must accompany it with a proposed order that includes the new date.
All motions shall be accompanied by a proposed order which shall include the new date.
CRITICAL
- Applies to
- Trial exhibit list
Counsel must provide opposing counsel and the Court a complete, properly identifying list of proposed trial exhibits at least seven days before trial.
Counsel shall also provide opposing counsel and the Court a full and complete Exhibit List of all proposed trial exhibits, including their proper identification, at least seven (7) days prior to trial.
CRITICAL
- Applies to
- Updated trial exhibit list
Any updated exhibit list must be provided to opposing counsel and the Court before trial starts.
Additionally, an updated list, if any, shall be presented to the opposing counsel and the Court prior to the start of trial.
CRITICAL
- Applies to
- Motion
Each motion must be filed as a separate pleading and include supporting factual representations and a memorandum of law with citations to authority.
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.
CRITICAL
- Applies to
- Brief
Copies of briefs and memoranda provided to the Court and parties must include copies of cited unreported cases and other cited or referenced materials.
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
CRITICAL
- Applies to
- Motion
A motion to continue, vacate a hearing or trial, or similar motion where citations are unnecessary must include factual representations verified by the attorney or an affidavit.
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.
CRITICAL
- Applies to
- Motion
- Must include
- proposed order
Every motion must be accompanied by a separate proposed order.
D. All motions must be accompanied by a separate proposed Order.
CRITICAL
- Applies to
- Motion to amend
- Must include
- proposed order
A motion to amend a pleading must be submitted with a proposed judgment entry that has the proposed amended pleading attached.
When a party files a motion to amend a pleading, he shall provide the Court with a proposed judgment entry which shall have attached thereto the proposed amended pleading.
CRITICAL
- Applies to
- Show cause contempt motion
A motion to show cause or for contempt must identify the date of the prior court order and the specific provisions alleged to have been violated.
All motions to show cause/contempt of Court shall state the date of the prior Court order(s) and the specific provision(s) of the prior Court order(s) that are alleged to be violated.
CRITICAL
- Applies to
- Show cause contempt motion
A motion to show cause or for contempt in a domestic relations case must include an affidavit from the party alleging contempt that specifies the order violations.
Motions to show cause/contempt of Court in domestic relations cases shall include an affidavit by the party alleging the contempt, with specificity as to the violations of the Court order.
CRITICAL
- Applies to
- Show 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.
CRITICAL
- Applies to
- Judgment entry
A judgment entry incorporating a separation and property settlement agreement or shared parenting plan must attach a copy of that agreement or plan.
1. All judgment entries incorporating a separation and property settlement agreement or shared parenting plan shall have attached thereto a copy of the separation and property settlement agreement or shared parenting plan.
CRITICAL
- Applies to
- Submitting letter
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.
CRITICAL
- Applies to
- Order
Every order directing issuance of title to a motor vehicle must include the VIN, year, make, and model.
C. The Court shall include the vehicle identification number (VIN), year, make and model in every order directing the issuance of title to a motor vehicle.
CRITICAL
- Applies to
- Judgment entry
A judgment entry in an action involving title to real property must include a legal description certified as accurate by the appropriate county official.
D. Judgment entries in all actions involving title to real property shall include a legal description of the property inquestion. Said legal description shall be certified by the appropriate county official as being accurate.
CRITICAL
- Applies to
- Expert report
Parties intending to call an expert witness must obtain a written report stating the expert’s opinion and its factual basis.
Parties who intend to call expert witnesses are required to obtain from the expert witness a written report which shall state the expert’s opinion and the factual basis for that opinion.
CRITICAL
- Applies to
- Complaint
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)).
CRITICAL
- Applies to
- Complaint
The judgment creditor’s attorney must include in the complaint a statement of the defendant’s last known address to the best of the attorney’s knowledge.
B. The attorney who represents the judgment creditor shall include in the complaint a statement setting forth to the best of his knowledge the last known address of the defendant or defendants.
CRITICAL
- Applies to
- Cognovit judgment
In every case, the original note must be presented to the Court for cancellation or its absence must be adequately explained.
D. In all cases, the original note shall be presented for cancellation by the Court, or its absence adequately explained.
CRITICAL
- Applies to
- Substitution of counsel
Substitution of counsel may be approved only if succeeding counsel enters an appearance or both withdrawing and succeeding counsel approve a proposed substitution entry.
Substitution of counsel may be approved only upon entry of appearance by succeeding counsel or upon submission of a proposed entry of substitution approved by withdrawing and succeeding counsel.
CRITICAL
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.
CRITICAL
- Applies to
- Notice of limited appearance
An attorney making a limited appearance must file and serve a notice that describes its scope and states that the client authorized the limitation.
The attorney must file and serve a “Notice of Limited Appearance” that clearly describes the scope of the limited appearance and states that the limitation has been authorized by the client.
CRITICAL
- Applies to
- Notice of completion of limited appearance
An attorney may terminate a limited appearance by filing and serving a Notice of Completion of Limited Appearance.
As provided by Civ.R. 3(B), an attorney’s limited appearance may be terminated by filing and service of a “Notice of Completion of Limited Appearance.”
CRITICAL
- Applies to
- Notice of completion of limited appearance
By signing the completion notice, the attorney certifies under Civ.R. 11 that all retained services have been completed.
By signing the Notice of Completion of Limited Appearance an attorney certifies under Civ.R. 11 that all of the services for which the attorney was retained have been completed.
CRITICAL
- Applies to
- Original complaint or petition
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;
CRITICAL
- Applies to
- Updated title report
After all defendants have been served with the complaint, plaintiff’s counsel must obtain and file an updated title report establishing that all lienholders were joined and served.
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.
CRITICAL
- Applies to
- Order of sale application
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;
CRITICAL
- Applies to
- Proposed order of sale
The proposed order of sale must contain a legal description certified as accurate by the appropriate county official.
2. The proposed order of sale contains a legal description certified by the appropriate county official as being accurate.
CRITICAL
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.
CRITICAL
- Applies to
- Receivership plan
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.
CRITICAL
- Applies to
- Receivership plan and report
The chambers submission must include a proposed entry approving the plan and report.
A duplicate copy shall be submitted to chambers, together with a proposed entry approving the plan and report.
CRITICAL
- Applies to
- Application to retain professional
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.
CRITICAL
- Applies to
- Professional retention agreement
The retention agreement between a receiver and each professional must be in writing.
The retention agreement between a receiver and every professional shall be in writing.
CRITICAL
- Applies to
- Professional retention application
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.
CRITICAL
- Applies to
- Professional retention application
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.
CRITICAL
- Applies to
- Professional compensation disclosure
A court-appointed professional may not accept compensation unless it is fully and timely disclosed to the court for prior approval.
No fee, commission, expense reimbursement, or other direct or indirect compensation of any nature may be accepted by any court-appointed professional that is not folly and timely disclosed to the court for prior approval.
CRITICAL
- Applies to
- Fee application
Each 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.
CRITICAL
An attorney serving as receiver must separately distinguish fees for receiver work from fees for attorney work.
An attorney acting as a receiver must clearly differentiate between fees sought for work performed as a receiver and for work separately performed as an attorney.
CRITICAL
- Applies to
- Receiver final report
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.
CRITICAL
- Applies to
- Foreign judgment
A proponent submitting a foreign judgment must provide a judgment entry with original certifications of authenticity from the foreign jurisdiction.
The proponent submitting the foreign judgment must provide a judgment entry with original certifications of authenticity from the foreignjurisdiction.
CRITICAL
- Applies to
- Document or evidence
- Must include
- ai disclosure
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.
CRITICAL
- Applies to
- Complaint or pleading requesting allocation of parental rights
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).
CRITICAL
- Applies to
- Case involving allocation of parental rights
A case involving allocation of parental rights cannot be filed without a DR-3 form and IV-D application.
No case involving the allocation of parental rights and responsibilities for minor child(ren) may be filed without a DR-3 form and a IV-D Application.
CRITICAL
- Applies to
- Dissolution action
Dissolution actions must include a petition for dissolution, separation agreement, and waiver of entry of appearance and service of summons.
In all actions for dissolution, the parties shall file a petition for dissolution, separation agreement and a waiver of entry of appearance and service of summons.
CRITICAL
- Applies to
- Dissolution action
All dissolution actions must include completed DR-1 and DR-2 forms signed by both parties.
Completed DR-1 (Affidavit of Income and Expenses) and DR-2 (Affidavit of Property) forms signed by both parties shall be filed in all dissolutions.
CRITICAL
- Applies to
- Dissolution action
In dissolution actions involving minor children, the parties must file the Child Support Guidelines, IV-D application, DR-3, and DR-4.
If there are minor children, the parties shall file Child Support Guidelines, IV-D Application for Child Support Services, DR-3 (Parenting Proceeding Affidavit) and DR-4 (Health Insurance Affidavit).
CRITICAL
- Applies to
- Divorce annulment or legal separation complaint
The party bringing a divorce, annulment, or legal-separation action must file DR-1 and DR-2 with the complaint.
In all actions for divorce, annulment and legal separation, the party bringing the action shall file their DR-1 and DR-2 forms with their complaint.
CRITICAL
- Applies to
- Divorce annulment or legal separation complaint
When minor children are involved, the plaintiff must also file the IV-D application, DR-3, and DR-4 forms.
If there are minor children, Plaintiff shall also file a IV-D Application for Child Support Services, DR-3 and DR-4 forms.
CRITICAL
- Applies to
- Responding party filing
The responding party must file the applicable DR forms within the time allotted for a response.
Within time allotted for response, the responding party shall also file the applicable DR forms.
CRITICAL
- Applies to
- Answer response objection counterclaim or counter motion
The responding party must file a DR-1 with an answer, response, objections to ex parte orders, counterclaim, or counter-motion.
The responding party shall file a DR-1 form with his or her answer, response, objections to ex parte orders, counterclaims or counter-motions.
CRITICAL
- Applies to
- Dr 1 affidavit
If the responding party files no response, they must file a DR-1 form at least ten (10) days before a hearing on temporary orders or scheduled mediation, or at least sixty (60) days before a pretrial or final hearing, whichever is earlier.
If the responding party does not file a response, (s)he must file a DR-1 form at least ten (10) days prior to a hearing on temporary
CRITICAL
- Applies to
- Judgment entry
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.
CRITICAL
- Applies to
- Schedule e
When the Court issues a child support order, Schedule E must be completed, its original forwarded by the Clerk of Courts to the Child Support Enforcement Agency, and a copy filed in the family file.
At such time as a child support order is issued by the Court, Schedule E shall be completed with the original forwarded by the Clerk of Courts to tire Child Support Enforcement Agency and a copy filed in the family file.
CRITICAL
- Applies to
- Ex parte order application
Covered ex parte applications must state the exigent circumstances and support their factual basis with the requesting party’s sworn affidavit.
Applications for ex parte orders relating to the allocation of parental rights, child support, spousal support, or for sole and exclusive use of the marital residence shall contain the following information: 1, The basis for the claimed exigent circumstance which requires the issuance of an ex parte order. The factual basis of said exigent circumstances shall be supported by an affidavit sworn to by the requesting party;
CRITICAL
- Applies to
- Ex parte order application
Covered ex parte applications must describe counsel’s efforts to contact the opposing side or explain why notice should not be given.
Applications for ex parte orders relating to the allocation of parental rights, child support, spousal support, or for sole and exclusive use of the marital residence shall contain the following information: 2. A statement by counsel as to the efforts made to contact either opposing counsel or, if unrepresented, the opposing party or, in the alternative, the reason why opposing counsel or the unrepresented party should not be given notice;
CRITICAL
- Applies to
- Ex parte order
Every ex parte order must advise the opposing party of the right to request a hearing and include the prescribed 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.
CRITICAL
- Applies to
- Child support order
Every child support order must contain both parties’ full names.
All orders for child support shall contain the full names of both parties.
CRITICAL
- Applies to
- Child support order
The Application for Child Support Services (Court Schedule E) must be filed with every child support order.
The Application for Child Support Services (“Court Schedule E”) must be filed with any child support order.
CRITICAL
- Applies to
- Child support order
The Clerk of Courts must forward the original Application and a copy of the child support order to the Child Support Enforcement Agency.
The original of the Application shall be forwarded to the Child Support Enforcement Agency by the Clerk of Courts, together with a copy of the child support order.
CRITICAL
- Applies to
- Application for child support services
A copy of the Application must be filed in the family file.
A copy of the Application shall be filed in the family file.
CRITICAL
- Applies to
- Child support order
Unless either stated exception applies, orders establishing or modifying child support must include the specified statutory language.
Unless: 1. a child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself and the Court has made other appropriate orders for the duration of the support of the child; or 2. the child(ren)’s parents have agreed to continue support beyond that time required by law pursuant to a separation agreement that was or is incorporated into a decree of divorce or dissolution. All orders establishing or modifying a child support order shall contain the following language: Pursuant to Ohio Revised Code §3119.86, this child support order will remain in effect beyond the age of eighteen (18) as long as the child continuously attends any recognized and accredited high school on a full time basis. Support will continue during seasonal vacations until the order terminates. Nevertheless, no current obligation for support will remain in effect beyond the child’s attainment of the age of nineteen (19) subject to the continuing jurisdiction of the Court. In the event the child is not attending an accredited high school, support will terminate upon the child’s eighteenth (18th) birthday.
CRITICAL
- Applies to
- Child support order
Orders establishing or modifying child support must include the listed information, subject to statutory requirements that may change periodically.
All Orders establishing or modifying a child support order shall contain the following information, as required by Ohio Statute which requirements may change periodically. 1. The name, date of birth and social security number (last four digits) of the support obligee; 2. The name, date of birth and social security number (last four digits) of the support obligor; 3. The guideline child support amount; 4. The overnight parenting time deviation. For purposes of calculation of child support per the guidelines, the adoption of Schedule A (Parenting Time Guidelines for Travel Distances Under 150 Miles One Way) shall meet the ninety (90) day overnight requirement for deviation as required by statute. The adoption of Schedule B (Parenting Time Guidelines for Travel Distances Over 150 Miles One Way) shall meet the ninety (90) day overnight requirement for deviation as required by statute, unless otherwise indicated by court order. 5. Other deviation factors; 6. Arrearages; 7. The method to secure support payments; 8. Duration and termination of support and required Notices; 9. Health insurance coverage, including availability of private health insurance coverage and health insurance obligor; 10. Cash medical support and payment of children’s medical expenses.
CRITICAL
- Applies to
- Child support order
All orders establishing or modifying a support obligation, including temporary orders, must have a copy of the worksheet attached.
A copy of the worksheet shall be attached to all orders establishing or modifying a support obligation, including temporary orders.
CRITICAL
- Applies to
- Final order
Final orders must state whether temporary-order support arrears will carry forward; unreserved arrears are waived.
F. All final orders shall state whether any arrears accruing from temporary orders for support shall be carried forward. Failure to specifically reserve the carryover of arrears shall result in those arrears being waived.
CRITICAL
- Applies to
- Order establishing or modifying child support
- Must include
- certificate of service
Orders establishing or modifying child support must include a certificate of service stating that a file-stamped copy of the judgment entry was provided to the county Child Support Enforcement Agency.
G. All orders establishing or modifying a child support obligation shall contain a certificate of service certifying that a file-stamped copy of the judgment entry has been provided to the county Child Support Enforcement Agency.
CRITICAL
- Applies to
- Qualified medical support order
At the request of either party or in the discretion of the Court, a qualified medical support order shall issue.
At the request of either party or in the discretion of the Court, a qualified medical support order shall issue.
CRITICAL
- Applies to
- Support order
Every support order must identify who is responsible for the children’s health care and include an appropriate order for providing and maintaining health insurance for the parties’ minor children.
In accordance with Ohio Revised Code 3119.30, every support order shall include a determination of the person or persons responsible for health care of children, to include an appropriate order for provision and maintenance of health insurance for the minor children) of the parties.
CRITICAL
- Applies to
- Support order
A court order may not treat either party’s provision of Medicaid as satisfying the health-care and insurance requirement.
No court order shall specify the provision of Medicaid by either party as satisfying this requirement.
CRITICAL
- Applies to
- Support order
If the required information is not included in substantially similar form in the support order’s body, schedules C and D must be completed and included with every support order.
If not contained in the body of the support order in substantially similar form, schedules C and D shall be completed and included in every support order issued by the Court.
CRITICAL
- Applies to
- Guardian ad litem appointment order
A court appointment of a Guardian ad Litem must be issued using the attached Court Order #2 form and include the specified and Sup.R. 48.02(A) items.
An order of appointment shall be issued when a Guardian ad Litem is appointed by the Court, as provided in the form attached to these Rules as “Court Order #2,” issued pursuant to Rule 48.02(A) of the Ohio Rules of Superintendence, which shall include, but not be limited to, the items set in Sup.R. 48.02(A) and the following:
CRITICAL
- Applies to
- Guardian ad litem report
When issued, a Guardian ad Litem report must contain the specified disclosure language in bold print.
The requirement that the Guardian ad litem report, when issued shall contain the following language in bold print: This report is being provided to the Court, unrepresented parties, and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any other’ disclosure of the report must he approved in advance by the Court. Unauthorized disclosure of the report in any fashion through any means including, but not limited 13-1 ===== PAGE 100 ===== to, copying the report, posting it or any portion of it on social media or other mediums, or disclosing all or portions of the report to another person, without prior approval, may be subject to Court action including penalties for contempt, which include incarceration and fines.
CRITICAL
- Applies to
- Guardian ad litem report cover sheet
When providing the report to unrepresented parties and legal counsel of record, the Guardian ad Litem must attach a NOTICE cover sheet containing 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.
CRITICAL
- Applies to
- Guardian ad litem report
Each Guardian ad Litem report must include in its body the language referred to in paragraph (C)(2).
Each report shall contain the language referred to above in paragraph (C)(2) of this rule in the body of the report.
CRITICAL
- Applies to
- Guardian ad litem report
When providing the report to parties or counsel, the Guardian ad Litem must attach the cover sheet required by paragraph (C)(3).
In addition, the Guardian ad Litem shall attach the cover sheet required above in Paragraph (C)(3) to the report when providing it to parties or counsel.
CRITICAL
- Applies to
- Guardian ad litem report
The Guardian ad Litem must file the report with the Clerk of Courts for placement in the family file.
A Guardian ad Litem shall file his/her report with the Clerk of Courts to be placed in the family file.
CRITICAL
- Applies to
- Clerk notice
When the report is submitted for filing, the Clerk must file a public notice stating the report’s filing date.
At the time the report is submitted for filing, the Clerk shall file a Notice in the public file stating the date that the Guardian ad Litem report has been filed.
CRITICAL
- Applies to
- Guardian ad litem report
A volunteer Guardian ad Litem must submit reports with distribution instructions, and the Court must distribute them to attorneys and unrepresented parties according to those instructions.
A volunteer Guardian ad Litem shall submit his/her reports to the Court with instructions as to distribution. The Court shall be responsible to distribute to the attorneys and unrepresented parties per instructions provided by volunteer Guardian ad Litem.
CRITICAL
- Applies to
- Judgment entry
All judgment entries must be submitted to the Guardian ad Litem for approval.
All judgment entries shall be submitted to the Guardian ad Litem for approval.
CRITICAL
- Applies to
- Appointment order
When ordering parenting coordination, the court or division must issue an appointment order containing the specified coordinator, authority, appointment, fee, decision, objection, and party-contact provisions.
When ordering parenting coordination, the court or division shall issue an appointment order that does all of the following: a) Includes the name and contact information of the parenting coordinator and outlines the definition and purpose of the parenting coordinator; b) Specifies the scope of authority of the parenting coordinator; c) Sets forth the term of the appointment; d) Allocates the responsibility for fees and expenses related to parenting coordination; e) Addresses procedures for decision-malting of the parenting coordinator; f) Addresses procedures for objections to parenting coordinator decisions; g) Addresses other provisions as the court considers necessary and appropriate; h) Orders the parties to contact the parenting coordinator within the time period specified by the court.
CRITICAL
- Applies to
- Qdro
When the parties agree to divide a pension or retirement program by QDRO, they or their counsel must sign and approve the original and any subsequent QDRO submitted to the Court, unless the Court waives the signature requirement.
B. Whenever the parties agree to divide a pension or retirement program by a QDRO, they or their counsel shall sign and approve the original of a QDRO submitted to the Court and shall sign and approve any subsequent QDRO submitted to the Court, unless signature is waived by the Court.
CRITICAL
- Applies to
- Qdro
Unless otherwise agreed or ordered, a defined-benefit-plan QDRO must include or be governed by the specified provisions and assumptions concerning benefit interests, division, assigned benefits and subsidies, survivor annuity, and division date.
D. Unless otherwise agreed or ordered, a QDRO for a defined benefit plan shall contain the following provisions or shall be governed by the following assumptions: 1. The QDRO will be a separate interest QDRO, meaning the alternate payee’s benefits shall be independent of those of the participant; 2. The division of benefits shall be based on the language of the case of Hoyt v. Hoyt, 53 Ohio St. 3d 177 (1999), and its progeny; 3. The benefits assigned to the alternate payee shall include any and all temporary and supplemental benefits. Further, the benefits, as assigned to the alternate payee, shall include all early retirement subsidies and, should the alternate payee commence receipt of the benefits prior to participant’s retirement, the alternate payee’s benefits will be recalculated to reflect the subsidy; 4. The alternate payee will be deemed to be the surviving spouse of the participant to the extent of benefits assigned for the purpose of a preretirement survivor annuity; 5. The division of the benefits will be made as of the date of final hearing of dissolution or as of the date upon which the final hearing of divorce concludes.
CRITICAL
- Applies to
- Qdro
Unless otherwise agreed or ordered, a defined-contribution-plan QDRO must include or be governed by the specified provisions and assumptions about the division date, investment earnings and losses, distribution, loans, and later deposits.
E. Unless otherwise agreed or ordered, a QDRO for a defined contribution plan shall contain the following provisions or be governed by these assumptions: 1. The division of the benefits will be the date of the final hearing in the case; 2. The alternate payee’s benefits shall be credited with investment earnings and/or losses from the date of division until distribution; 3. The QDRO will allow an immediate lump sum distribution of the alternate payee’s benefits, if permitted by the plan; 4. Any loans from the plan shall be charged to the participant’s benefits and will remain the obligation of the participant; 5. The alternate payee’s share of the benefits will not reflect credit for sums deposited into the plan after the date of division which are based on service for periods prior to the date of division.
CRITICAL
- Applies to
- Final judgment entry
Whenever a QDRO is to be issued, the final judgment entry must include the specified language retaining the Court’s jurisdiction and stating that the order is final and appealable.
F. In all cases in which a Qualified Domestic Relations Order is to be issued, the final judgment entry shall contain the following language: The Court retains jurisdiction with respect to the Qualified Domestic Relations Order to the extent required to maintain its qualified status and the original intent of the parties. The Court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein, including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order. Notwithstanding the reservation of jurisdiction to insure that the domestic relations order is qualified, this is a final appealable order.
CRITICAL
- Applies to
- Qdro
The QDRO must include the prescribed notice directing the Plan Administrator to provide written verification of qualification to the appropriate Clerk of Courts.
Following the last page of the QDRO, Counsel or self-represented party shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Qualified Domestic Relations Order has been qualified with the Clerk of Courts. 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:
CRITICAL
- Applies to
- Dopo
When the parties agree to divide a state pension or retirement program by DOPO, they or their counsel must sign and approve the original and each subsequent DOPO submitted to the Court, unless the Court waives the signature.
Whenever the parties agree to divide a state pension or retirement program by a DOPO, they or their counsel shall sign and approve the original of a DOPO submitted to the Court and shall sign and approve any subsequent DOPO submitted to the Court, unless signature is waived by the Court.
CRITICAL
- Applies to
- Dopo
A DOPO must contain the provisions approved in the statute applicable to the particular state retirement plan.
A DOPO shall contain those provisions approved in Sections 145.571, 742.462, 3305.21, 3307.371, 3309.671 or 5505.261, whichever is applicable to the particular state retirement plan.
CRITICAL
- Applies to
- Final judgment entry
When a DOPO is to be issued, the final judgment entry must include the specified jurisdiction-retention language.
In all cases in which a DOPO is to be issued, the final judgment entry shall contain the following language: The Court retains jurisdiction with respect to the Division of Property Order to the extent required to maintain its qualified status and the original intent of the parties. The Court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein, including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order. Notwithstanding the reservation of jurisdiction to insure that the Division of Property Order is qualified, this is a final appealable order.
CRITICAL
- Applies to
- Division property order
A specified notice must appear in bold after the last page of the DOPO, directing the Plan Administrator to provide written verification of qualification to the correct Clerk of Courts.
Following the last page of the DOPO, Counsel or self¬ represented party shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Division of Property Order has been qualified with the Clerk of Courts. NOTICE TO PLAN ADMINISTRATOR THIS DIVISION OF PROPERTY ORDER HAS BEEN SERVED UPON YOU. PLEASE PROVIDE WRITTEN VERIFICATION OF ITS QUALIFICATION TO (choose correct jurisdiction): Defiance County Clerk of Courts Fulton County Clerk of Courts 221 Clinton 210 S Fulton St #102 Defiance OH 43512 Wauseon OH 43567 Case Number: Case Number; Henry County Clerk of Courts Williams County Clerk of Courts 660 North Perry Suite 302 One Courthouse Square, 3rd Floor PO Box 71 Bryan OH 43506 Napoleon OH 43545 Case Number: Case Number:
CRITICAL
- Applies to
- Motion
A request for drug testing must be made by motion supported by an affidavit.
A request for drug testing shall be made in the form of a motion with supporting affidavit.
CRITICAL
- Applies to
- Investigation order
An order requiring an investigation must specify the information sought.
The order shall specify the information being sought through the investigation.
CRITICAL
- Applies to
- Investigation order
An order requiring an investigation must state how its costs will be divided.
The order issued shall indicate how the costs for the investigation shall be divided.
CRITICAL
- Applies to
- Investigation report
The report must include the specified notice in bold print in its body.
The report shall include the following NOTICE in BOLD print in the body of the report: This report is being provided to the court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of this report to another person, without prior approval, shall be subject to court action, including penalties for contempt which include incarceration and fines.
CRITICAL
- Applies to
- Investigation report
The investigation report must be signed by the investigator.
The report shall be signed by the investigator and the investigator shall be subject to cross-examination by either party concerning the contents of the report.
CRITICAL
- Applies to
- Public notice
When the report is submitted for filing, the clerk must file a public notice stating the report’s filing date.
At the time the report is submitted for filing, tire clerk shall file a notice in the public file stating the date that the report of the investigation has been filed.
CRITICAL
- Applies to
- Cover sheet
A cover sheet containing the notice specified in Paragraph D must accompany the report when it is sent to attorneys or unrepresented parties.
When die report is sent to the attorney(s) and/or unrepresented parties, a cover sheet containing the NOTICE stated in Paragraph D above shall be attached to the report.
CRITICAL
- Applies to
- Private custody evaluator appointment list application
The private custody evaluator application must include a resume documenting qualifications and initial training and outlining the applicant’s education, licensure, training, experience, and expertise.
The application of a private custody evaluator shall provide a resume documenting compliance with the custody evaluator qualifications and completion of the initial training program under Sup.R. 91.08(B) and section VII(B) of this rule and outlining the applicant’s education and licensure, training, experience, and expertise demonstrating the applicant’s ability to successfully perform the duties and responsibilities of a custody evaluator;
CRITICAL
- Applies to
- Annual evaluator update
By January 1 each year, each private custody evaluator must submit resume updates and a list of prior-year continuing education trainings with each training’s provider, title, date, and location.
Each private custody evaluator shall submit to the court on or before January 1st of each year any updates to the resume and a list of continuing education 18-6 ===== PAGE 138 ===== training completed by the evaluator during the previous calendar year pursuant to Sup.R. 91.09, including the provider, title, date, and location of each training.
CRITICAL
- Applies to
- Custody evaluator appointment order
An order appointing a custody evaluator must include the evaluator’s identifying and licensure information, appointment scope and term, report and testimony requirements, relevant deadlines, fees, safety provisions, information-access authority, party-cooperation requirements, and any other provisions the court deems necessary.
3. Order of appointment. The court, when appointing a custody evaluator pursuant to division (A) above shall enter an order of appointment that includes all of the following information: a) The name, business address, licensure, and telephone number of the evaluator; b) The purpose and scope of the appointment; c) The term of the appointment; d) A provision that a written report is required and oral testimony may be required; e) Any deadlines pertaining to the submission of reports to the court, including the dates of any pretrial, settlement conference, or trial associated with the furnishing of reports; f) A provision for payment of fees, expenses, and any hourly rate or fee that will be charged; g) Any provision the court deems necessary to address the safety and protection of all parties, the children of the parties, any other children residing in the home of a party, and the person being appointed; h) A provision that grants the custody evaluator the right to access information as authorized by the appointment; i) A provision that requires the parties to cooperate with the custody evaluator and provide information promptly when requested to do so. j) Any other provisions the court deems necessary.
CRITICAL
- Applies to
- Custody evaluator report
The custody evaluator report must analyze the parties’ strengths and areas for improvement and compare the parenting or companionship plans under consideration.
The report shall provide a detailed analysis of the relative strengths and areas in need of improvement of the parties with respect to meeting the needs of the child as well as a comparative analysis of different parenting or companionship plans under consideration.
CRITICAL
- Applies to
- Custody evaluator report
The written report must include the specified disclosure statement in bold.
b) The written report shall include the following statement in bold: This document is being provided to the court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of this report to another person, without prior approval, shall be subject to court action, including penalties for contempt which include incarceration and fines.
CRITICAL
- Applies to
- Custody evaluator report
A cover sheet containing the notice stated in Paragraph D must accompany the report when it is sent to counsel or unrepresented parties.
When the report is sent to the attorney(s) and/or unrepresented parties, a cover sheet containing the NOTICE stated in Paragraph D above shall be attached to the report.
CRITICAL
When the report is submitted for filing, the clerk must file a public-file notice stating the date it was filed.
At the time the report is submitted for filing, the clerk shall file a notice in the public file stating the date that the report of the investigation has been filed.
CRITICAL
- Applies to
- Bond application
A defendant seeking release on an O.R. bond must sign a written bond application.
Any defendant seeking release upon a recognizance (O.R.) bond shall be required to sign a written bond application.
CRITICAL
- Applies to
- Property bond title search
When a defendant posts a property bond, the attorney must provide the Clerk with a title search containing the specified property information and an appraisal by a Court-approved appraiser.
In all criminal cases where the defendant posts a property bond, his attorney or an attorney for the surety whose property is being used to secure the bond must provide the Clerk of Courts with a title search certifying the following: a short description of the property, the names that appear on the deed, the true value of the property as shown on the records in the County Auditor's Office and whether there are any liens on file against the property, together with an appraisal of the real estate prepared by an appraiser approved by the Court.
CRITICAL
- Applies to
- Felony counsel appointment request
Attorneys seeking felony counsel appointments must submit a written appointment request and the Appointed Counsel Compliance Form to the Court Administrator for judicial review before appointment.
All attorneys seeking felony counsel appointments must verify compliance with Ohio Administrative Code Chapter 120-1-10. A written request to be appointed along with the Appointed Counsel Compliance Form (See Appendix C) shall be submitted to the Court Administrator for review by the Judge prior to any appointments as legal counsel.
CRITICAL
- Applies to
- Affidavit of indigency financial disclosure
Court-appointed attorneys representing indigent defendants must file the Court-provided Affidavit of Indigency/Financial Disclosure with the Clerk within 15 days of arraignment.
Attorneys appointed by the Court to represent an indigent defendant shall be responsible for the filing of the Affidavit of Indigency/Financial Disclosure with the Clerk of Courts on the form provided by the Court within fifteen (15) days of the arraignment of the defendant.
CRITICAL
- Applies to
- Certificate of qualification for employment petition
The petitioner must complete the online petition at www.drccqe.com.
B. Petitioner must complete the online petition at www.drccqe.com (further instructions are available to assist the petitioner on the website).
CRITICAL
- Applies to
- Notice to court of petition
The petitioner must print and file the completed Electronic Petition with the Notice to Court of Petition, and include the DRC Electronic Petition Number on the Notice.
C. Petitioner shall print the fully completed Electronic Petition and file the same along with the Notice to Court of Petition (Appendix D) with the Common Pleas Clerk of Courts. The Petitioner shall include the DRC Electronic Petition Number on the Notice.
CRITICAL
- Applies to
- Certificate of qualification for employment petition
Every petition submitted through the DRC must include electronic access to the DRC CQE Summary.
E. All Petitions submitted through the DRC shall include electronic access to the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).
CRITICAL
- Applies to
- Notice of decision
The Clerk must give the petitioner written notice of the decision and judgment entry, including specified information if the petition is denied.
The Clerk shall provide a written notice to the Petitioner of the Court’s Decision and Judgment Entry. If denied, the notice shall include conditions, if any, placed on subsequent filings and language that a final appealable order has been filed.
CRITICAL
- Applies to
- Parenting access plan
A parenting access plan must state the parents’ agreements about parenting time and sharing parenting functions and responsibilities.
Parents must state their agreements about parenting time in their parenting access plan. A successful parenting access plan will state the agreements parents reach about parenting time, and sharing of parenting functions and responsibilities.
CRITICAL
- Applies to
- Court appointed counsel compliance form
Applicants seeking appointment must submit a current malpractice insurance certificate with the form.
In order to be appointed, you must submit a current certificate of malpractice insurance with this form.
CRITICAL
- Applies to
- Notice of petition for certificate of qualification for employment
The DRC Electronic Petition number is required before filing the notice.
DRC Electronic Petition No. (required before filing)
CRITICAL
- Applies to
- Notice of petition for certificate of qualification for employment
The notice refers to the completed Electronic Petition attached as Exhibit A.
The undersigned hereby petitions this Court for a Certificate of Qualification for Employment (see completed Electronic Petition attached as Exhibit A).
CRITICAL
- Applies to
- Notice of petition for certificate of qualification for employment
A petitioner filing directly with the Court must assert that no time was served on a term in a state correctional institution or department-funded program.
If filing is made directly with the Court, Petitioner also asserts no time has been served on a term in a state correctional institution or in a department-funded program.
CRITICAL
The Service Provider must provide written treatment progress and compliance documentation to the courts before the Drug Court team meeting.
provide written documentation to the courts prior to the Drug Court team meeting regarding the participant’s progress in treatment and compliance with the treatment plans, including attendance and drug-test results;
CRITICAL
- Applies to
- Drug test results statement
The participant must sign a statement regarding the results of any drug test.
The participant will be required to sign a statement regarding the results of any drug tests.
CRITICAL
- Applies to
- Physician letter
When a doctor considers prescribing such medication necessary, the physician must send the Drug Court Coordinator a letter acknowledging the participant’s recovery status and that the medication’s need outweighs its risks.
If a doctor believes that it is necessary to prescribe such medication, the physician must submit a letter to the Drug Court Coordinator stating that the doctor is aware of the participant’s status as a recovering substance user. The physician must also acknowledge that the need for the medication outweighs the risks.
CRITICAL
- Applies to
- Physician letter
A Physician Letter for medication that may cause a positive screen must be signed and dated by the physician and address the participant’s diagnosis and prescribed medications.
If for some reason, a Participant needs a prescribed medication which may result in a positive screen, a Physician Letter needs to be signed and dated by the Physician. This letter will state the Participant is diagnosed with a Substance Use Disorder and ask the Physician to clarify the meds prescribed.
CRITICAL
- Applies to
- Child support document
A completed Child Support Worksheet must be attached to the document.
As required by law, a completed Child Support Worksheet is attached to this document.
CRITICAL
- Applies to
- Guardian ad litem report
The written GAL report must state that the GAL’s responsibilities were met, detail specified investigative activities and information considered, and include the prescribed statement in bold print.
A written GAL report shall affirmatively state that the GAL’s responsibilities have been met and shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted, and all other relevant information considered by the GAL in reaching the GAL’s recommendations and in accomplishing the duties required by statute, court rule, and in the Order of Appointment. The report shall include the following statement in bold print as required by local rule; This report is being provided to the Court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the Court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of the report to another person, without prior approval, shall be subject to Court action including penalties for contempt which include incarceration and fines.
CRITICAL
- Applies to
- Guardian ad litem report
When providing the report to unrepresented parties and counsel of record, the GAL must attach a NOTICE cover sheet with the required language in bold 22-point font or larger.
In addition, the Guardian ad Litem, when providing the report to unrepresented parties and legal counsel of record shall attach a cover sheet entitled NOTICE which sets out the language required above in bold print in 22-point font or larger.
CRITICAL
- Applies to
- Motion for interim fees
When GAL fees exceed $2,500, the GAL must file an interim-fee motion that includes a detailed description of services rendered.
At any time the fees of a guardian ad litem exceed $2,500.00, the guardian ad litem shall file a motion for interim fees, served upon all parties, which must include a detailed statement and description of rendered services.
CRITICAL
- Applies to
- Guardian ad litem records
The GAL must keep accurate records of time spent, services rendered, and costs and expenses incurred.
The GAL shall keep accurate records of the time spent, services rendered, and costs and expenses incurred while performing the responsibilities of a GAL.
CRITICAL
- Applies to
- Monthly statement of fees and expenses
A GAL who is not a volunteer must provide all parties a monthly statement of fees and expenses.
Unless the GAL is a volunteer, the GAL shall provide a monthly statement of fees and expenses to all parties.
CRITICAL
- Applies to
- Motion for payment
At the conclusion of the GAL’s responsibilities, the GAL must provide the Court a payment motion with an itemized statement and accounting and send a copy to each responsible party or entity.
Upon the conclusion of his or her responsibilities, the GAL shall provide a motion for payment with an itemized statement and accounting to the Court, with a copy to each party or other entity responsible for payment.
CRITICAL
- Applies to
- Motion for payment
A GAL motion for payment must itemize duties performed, time expended, and costs and expenses.
The motion for payment shall contain an itemized list of duties performed, time expended, and costs and expenses.
CRITICAL
- Applies to
- Investigation report
The investigation report must contain the specified notice in bold within its body.
The Investigator shall include the following NOTICE in BOLD print within the body of then- report: This document is being provided to the Court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the Court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of the report to another person, without prior approval, shall be subject to Court action including penalties for contempt which include incarceration and fines.
CRITICAL
- Applies to
- Custody evaluator report
The custody evaluator’s report must include the specified notice in bold within its body.
11. Custody Evaluator shall include the following NOTICE in BOLD print within the body of their report: This report is being provided to the Court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the Court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of the report to another person, without prior approval, shall be subject to Court action including penalties for contempt which include incarceration and fines.
CRITICAL
- Applies to
- Motion for payment
At the conclusion of the evaluator’s responsibilities, the evaluator must submit a motion for payment with an itemized statement and accounting, including duties performed, time spent, and costs and expenses.
Upon the conclusion of their responsibilities. Custody Evaluator shall provide a motion for payment with an itemized statement and accounting to the Court, with a copy to each party or other entity responsible for payment. The motion for payment shall contain an itemized list of duties performed, time expended, and costs and expenses.
WARNING
- Applies to
- Paper filing
- Must include
- judge name, case number
Unless a judge directs otherwise, each filing must identify the parties, case, judge, filing, and filer details on its first page.
Each paper filed by each party shall designate on the first page thereof the parties, the case number, the name of the judge, the identification of the filing, the name, address, Ohio Supreme Court registration number, telephone number, fax number and e-mail address, if any, of the counsel filing the paper or if there is no counsel, then the party filing the paper.
WARNING
- Applies to
- Pleading motion or other paper
Unless a judge directs otherwise, represented parties’ pleadings, motions, and other papers must be signed by an attorney of record, self-represented parties must sign their papers, and paper copies must bear a physical signature unless e-filed as specified elsewhere.
All pleadings, motions or other papers of a party represented by an attorney shall be signed by at least one attorney of record. A party who is not represented by an attorney shall sign the pleading, motion or other paper. Unless e-filing documents as set forth in F below, paper copies must contain a physical signature.
WARNING
- Applies to
- Magistrate decision or order
Magistrates’ decisions and orders of Magistrates and Judges must print or type the issuing judicial officer’s name below the signature line.
All Magistrate's decisions and all orders of the Magistrates and Judges shall have the name of the respective Magistrate or Judge printed or typed below their respective signature line.
WARNING
- Applies to
- Show cause contempt motion
Supporting documentation for the specified health-care-bill contempt motion must be presented at the motion hearing.
The supporting documentation shall be presented at the motion hearing.
WARNING
- Applies to
- Juror notice
The initial notice must identify the selected four-month period and state that a subsequent notice will be sent seven days before the juror must appear.
The notice to prospective jurors shall specify the four (4) month period for which the juror was selected and inform the prospective juror that a subsequent notice will be sent seven (7) days before the prospective juror will actually have to appear at the Court.
WARNING
- Applies to
- Juror questionnaire
Each prospective juror must receive the listed jury materials and complete and return them to the Jury Commission Office within ten days.
Each prospective juror shall receive a Juror “Dear Citizen Letter,” Sheriffs Summons, Juror Questionnaire with an Excuse/Postponement Form duplexed on the back, and a return envelope, to be completed and returned within ten (10) days to the Jury Commission Office.
WARNING
- Applies to
- DR-1 form
Update the DR-1 form before any further pretrial, final hearing, or trial when needed to correct or complete previously provided information.
A DR-1 form shall be updated prior to any further pretrial, final hearing or trial, when necessary to correct or complete any information previously provided.
WARNING
- Applies to
- Monthly statement
A custody evaluator who is not court-connected must provide all parties a monthly statement of fees and expenses.
Unless Custody Evaluator is cour t-connected, Custody Evaluator shall provide a monthly statement of fees and expenses to all parties.
INFO
- Applies to
- Qualified medical support order
When preparing the qualified medical support order, the included Court Order #3 may be used.
When preparing said order, “Court Order #3,” as included within these Rules, may be used.
What must be included with pleading filings in Henry County Court of Common Pleas, General Division?
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.
What must be included with video deposition filings in Henry County Court of Common Pleas, General Division?
A video deposition filing must include a typed certified transcript copy and a list of objections, in addition to complying with Sup.R. 13.
What must be included with uniform standardized form filings in Henry County Court of Common Pleas, General Division?
The Clerk must accept unaltered, properly completed Supreme Court of Ohio Uniform Standardized Forms when any applicable filing fee is paid.
What must be included with in forma pauperis motion filings in Henry County Court of Common Pleas, General Division?
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.
What must be included with motion filings in Henry County Court of Common Pleas, General Division?
The rule requires proposed order. Parties filing any motion must accompany it with a proposed order that includes the new date.
4 more rules answer this question.
What must be included with trial exhibit list filings in Henry County Court of Common Pleas, General Division?
The rule requires exhibit list. Counsel must provide opposing counsel and the Court a complete, properly identifying list of proposed trial exhibits at least seven days before trial.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.