Highland County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:

Limits & Logistics
Document Limits

Adjournments
- On motion and for good cause shown, the Court may reduce or enlarge the deadlines as authorized by Civil Rule 6.
- On a party’s motion and for good cause, the Court may reduce or enlarge the time to file motions or responses.
- Any requests for extensions of discovery deadlines should be filed as soon as it becomes evident that an extension is needed but no later than the first pre-trial.
- +13 more
Request must include
- Mediation attendance is mandatory, and a party must request rescheduling at least 48 hours before the session to avoid the current non-cancellation fee.

Communication
Phone
Phone
Clerk
Page & Word Limits1 rule
Filings that exceed 30 pages, excluding exhibits, without prior approval of the court.
- Page limit
- Up to 30 pages
Excluded from page count
- •Exhibits
Exception
More pages with leave of court
Document Format Requirements15 rules
Any document that is larger than 8 ½ x 11.
- Paper size
- Letter
Pleadings must be flat on white letter-size paper, use 11- to 12-point regular font, have a minimum 1.5-inch head margin, and be paginated sequentially; spacing varies by document section.
- Margins
- Top 1.5 inches
- Paper size
- Letter
Formatting
- •Pleadings must be filed flat; no backing is required
- •Pages must be paginated sequentially
Court's wording
All pleadings shall be filed flat, with no backing required, printed or typed on 8-1/2" by 11" white paper using not less than 11 point nor more than 12 point regular font with a minimum head margin of one and one half inches and paginated sequentially. The caption of the case, the information regarding the attorney or party filing the pleading, certificates of service and quotes in the body of the document shall be single spaced. The body of the pleading including memoranda in support shall be double spaced.
Electronically filed documents must be typed or computer-generated PDFs, double-spaced, 11 to 12 point, sequentially paginated, and no larger than 1000 KB; larger filings must be split into smaller documents.
- File type
Formatting
- •Pages must be paginated sequentially
- •A pleading or document must not exceed 1000 KB in size
Court's wording
All electronically filed pleadings and documents shall be typewritten or computer generated in pdf form, shall be double spaced, have no less than 11 and no more than 12 regular font, shall be paginated sequentially, and shall not exceed 1000 KB in size. Pleadings or documents exceeding 1000 KB shall be split into multiple documents of less than 1000 KB each.
Plaintiffs’ exhibits must be numbered from 1, Defendants’ exhibits lettered from A, joint exhibits marked with Roman numerals from I, and exhibits must identify the marking party when there are multiple Plaintiffs or Defendants.
- Exhibits
Formatting
- •Plaintiffs’ exhibits must be marked numerically beginning with 1
- •Defendants’ exhibits must be marked alphabetically beginning with A
Court's wording
Exhibits attached to pleadings by Plaintiffs shall be marked numerically beginning with the number 1. Exhibits attached to pleadings filed by Defendants shall be marked alphabetically beginning with the letter A. Joint exhibits attached to Pleadings shall be marked by roman numerals beginning with the number I. If there are multiple Plaintiffs or Defendants, the exhibit will include the name of the party that has marked it.
Motions for default judgment shall be filed in writing any time after the answer time has expired.
Trial exhibits must be marked before trial unless they were not reasonably anticipated, and State, Defendant, and joint exhibits must use numbers, letters, and Roman numerals, respectively.
Court's wording
All exhibits that are intended to be offered into evidence shall be marked prior to trial. This shall not apply to exhibits that were not reasonably anticipated to be offered into evidence prior to trial. The State’s exhibits shall be identified by number and the Defendant’s exhibits by letters. Joint Exhibits will be identified by Roman Numerals.
Joint exhibits must be pre-marked with sequential Roman numerals, plaintiff exhibits with sequential Arabic numbers, and defendant exhibits with sequential letters.
Court's wording
The parties shall pre-mark all joint exhibits with sequential roman numerals (Jt. Ex. I, etc.). Each party shall pre-mark all of that party’s prospective separate exhibits, with the plaintiff using sequential Arabic numbers (Pl. Ex.1, etc.) and the defendants using sequential letters (Def. Ex. A, etc.).
Proposed jury instructions and proposed verdict forms shall be presented to the Court at Final Pre-trial on hard copy and on CD, in Microsoft Word.
Any section not having enough room for full disclosure has been continued and completed on an attached page.
If you need additional space to list assets and/or debts attach additional information to this form.
Mark plaintiff exhibits numerically from 1, defendant exhibits alphabetically from A, and joint exhibits with Roman numerals from I; identify the party when there are multiple plaintiffs or defendants.
Formatting
- •Exhibits attached by Plaintiffs must be marked numerically beginning with 1
- •Exhibits attached by Defendants must be marked alphabetically beginning with A
- •Joint exhibits must be marked with Roman numerals beginning with I
Court's wording
Exhibits attached to pleadings by Plaintiffs shall be marked numerically beginning with the number 1. Exhibits attached to pleadings filed by Defendants shall be marked alphabetically beginning with the letter A. Joint exhibits attached to pleadings shall be marked by roman numerals beginning with the number I. If there are multiple Plaintiffs or Defendants, the exhibit will include the party’s name.
A precipe and subpoena may include up to five (5) names and addresses provided that all persons are to appear at the same time and date.
Attorneys are encouraged and authorized to use any approved formats for inclusion in their computers for use in preparing the subpoenas.
- Attorneys
The Clerk shall also accept any format for a subpoena that clearly states the following information:
- Subpoena
Formatting
- •Any format is acceptable if the subpoena clearly states the required information
The Court will also accept for filing any pleadings or other documents required under this rule on forms that have been adopted by the Ohio Supreme Court for use in domestic relations cases in the courts of this state.
Document Filing Requirements185 rules
(to be used if assets/debts are $50,000.00 or more)
The affidavit must list funds in all accounts at financial institutions, including the specified account types.
Court's wording
List all funds on deposit in any and all accounts in any bank, savings & loan, credit union, regulated investment company, mutual fund or other financial institution. Account includes any of the following: checking, certificate of deposit (“CD”), investment savings, individual retirement (“IRA”, stock option, etc.
ATTACH PAY STUB WITH YEAR TO DATE EARNINGS AND A COPY OF MOST RECENT TAX RETURN
All other sources of income including Social Security, Worker’s Compensation, commissions, disability benefits, trust payments, unemployment, pensions, investments, dividends, interest etc.
7. HOUSEHOLD GOODS, ANTIQUES, JEWELRY, FIREARMS, COLLECTIBLES, ETC. Attach a list which with present value
List all pension, retirement plans and profit sharing plans in which you have any interest, the employer or location of these accounts, and their value as of the date of this affidavit.
Sworn and subscribed to me this ___________ day of _______________________, 20___.
Affiant states that the information contained herein is complete and accurate to the best of his/her information, knowledge or belief under penalty of law.
Affiant(s) states this information to be complete and accurate to the best of his/her belief under penalty of law.
Sworn to before me and subscribed in my presence this ____ day of ____________, 200___, at ________________, Ohio.
A party seeking stenographic recording must file a written request for appointment of a court reporter and present a proposed entry.
Court's wording
If a party desires to have the proceedings recorded by stenograph in addition to the digital recording, the party shall file a written request for appointment of a court reporter for that case and present a proposed entry.
A motion to withdraw must include a proposed entry containing a provision for the Clerk to serve a copy on the client by ordinary mail.
Court's wording
A proposed entry to approve the withdrawal shall also be submitted with the motion and shall include a provision that a copy of the entry shall be served by the Clerk upon the client of the withdrawing counsel by ordinary mail.
A motion to withdraw as counsel in any pending matter shall not be considered until filed in writing with the court.
All entries ordering notice by publication shall bear the certification of the Clerk that the required additional cost deposit has been made.
A person requesting waiver or reduction of the security deposit shall submit a written request with the proposed to the Clerk who will promptly deliver it to the Magistrate if it is a domestic relations proceeding or to the Judge if it is any other type of case.
A filer seeking to avoid payment must submit a notarized poverty affidavit and motion to waive the deposit or fee with the e-filing.
Court's wording
The e-filing function of the case management system will not accept filing without payment of the required deposit or fee unless a notarized poverty affidavit and motion to waive the payment of a deposit or fee is filed with the e-filing pleading or document.
A filer using fax or email must retain the source document through the end of all post-judgment relief opportunities and produce it if the court requests it.
Court's wording
The person filing by facsimile or e-mail transmission shall not file the source document with the Clerk of Courts, but shall retain it until the case is closed and all opportunities for post judgment relief have been exhausted or elapsed, and have it available for production on request by the court.
A fax or email filing must include a cover page with the listed court, case, document, transmission, page-count, and filer information.
- Document
- Fax or email filing cover page
Must include
- •Caption
- •Judge name
- •Case number
Court's wording
The person filing a document by facsimile or e-mail shall also provide a cover page containing the following information: 1. The name of the court; 2. The caption of the case; 3. The case number; 4. The assigned judge; 5. The title of the document being filed such as “answer”, “motion” etc. 6. The date of transmission; 7. The transmitting fax number or email address; 8. An indication of the number of pages included in the transmission, including the cover page; 9. The name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document.
Any pleadings/documents that are e-filed must contain signatures as required by Ohio law or rules of court. Signatures may be electronic.
A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
A fax or email filer must sign the source document and, when filing without another person's signature after that person's approval, note the approval on the source document and initial it.
Court's wording
A person filing any pleading by facsimile or e-mail transmission shall sign the source document. If other persons have signed the document or approved its filing by telephone, email, fax or other means, the person that faxes the document without the signature of the other person shall note the approval on the source document and initial it.
If a pleading or document contains exhibits that are confidential, being submitted for an in camera review or otherwise claimed not to be subject to public inspection, the filing party shall specifically note that in the filing
Each exhibit to a facsimile or email transmission produced that cannot be accurately transmitted due its size or any other reason must be replaced by an insert page describing the exhibit and explaining why it is missing.
In addition to the original, sufficient copies shall be filed with the Clerk to provide counsel and the party with a file stamped copy and to accomplish service of process, if required. No additional file copies shall be accepted by the Clerk.
The complaint, third party complaint or other pleading shall contain the names and addresses of all parties to be served.
Parties filing pleadings or documents electronically must still comply with any applicable Rules of Practice and Procedure for Ohio Courts (e.g., certificate of service, notice etc.) in addition to the local rules of this court.
Each document must contain the case caption, case number, description of the pleading and identify what part of the filing it represents (e.g., part 2 of 3, document 3 of 4 etc.).
- Document
- Electronically filed document
Must include
- •Caption
- •Case number
If a party is seeking specific relief prior to final judgment in a case, that relief shall be requested in a separate pleading (e.g., a motion) that clearly designates the requested relief.
Proposed judgment entries or orders shall be e-filed with all motions for specific relief.
- Document
- Motion for specific relief
Must include
- •Proposed order
Any time that an action is commenced by e-filing, or a third party complaint or any other type of pleading requiring service is filed in an open case, a request for service and instruction for service shall also be filed with the pleading.
Pleadings must include the specified contact details for the filing attorney or self-represented party.
Court's wording
The name, address, telephone number, fax number, email address and attorney registration number of the attorney shall also be on all pleadings filed with the Clerk. Self-represented parties shall include their address, telephone number, fax number and email address on the pleading.
A civil complaint must include the court-prescribed classification form identifying the case classification and trial attorney; each listed attorney is considered a trial attorney.
Court's wording
No civil complaint shall be accepted for filing unless accompanied by a classification form prescribed by the court that classifies the case and clearly designates the trial attorney. If more than one attorney is listed as trial attorney, each person listed shall be considered the trial attorney for the case.
The attorney or party completing the classification form upon the filing of a complaint shall certify as to whether the case had been filed previously and dismissed.
A subpoena praecipe must be filed with a completed original subpoena and two copies for each person named, in a Clerk-approved form.
Court's wording
In all hearings, trials, examinations, depositions, productions of documents or evidence, and any other proceedings in any case pending in this court, the party or attorney filing a precipe for the issuance of any type of subpoena by the Clerk of Courts, shall be required to present to the Clerk of Courts at the time of the filing of the precipe, a completed original subpoena and two (2) copies thereof for each person designated in the subpoena to be issued in a form approved by the Clerk.
If the case was previously dismissed under Civ. R. 41, then, under the case number, the re-filed complaint shall contain the statement: “This is a refiled case”, and shall state the number of the previous case.
The Clerk shall also accept any format for a subpoena that clearly states the following information: 1. Name of the Court 2. Case number and caption of the case 3. Date, time and place of appearance including full address of the Court 4. Name and address of witness including county of residence 5. Identification of documents or evidence to be produced 6. Identification of officer to serve said subpoena 7. Return of Service of the subpoena
All motions submitted shall be accompanied by a brief memorandum in support of the relief requested and a proposed entry.
A summary-judgment motion must include a supporting memorandum and permitted supporting materials, and attach copies of cited documents and cited deposition transcript pages.
Court's wording
All motions for summary judgment shall be accompanied by a memorandum in support of the motion and supporting affidavit or other documents permitted by Civil Rule 56. The movant shall attach to the motion copies of all documents referred to in the motion or memorandum in support along with copies of the pages of transcripts of depositions of witnesses referred to in the memorandum.
The Court will not grant a default judgment seeking recovery on a promissory note, negotiable instrument or an account unless satisfactory proof of the actual note, instrument or statement of account showing the original creditor, debtor and terms thereof is attached to the complaint or motion, or is provided at the hearing on the motion.
At a hearing on unliquidated damages, plaintiff’s trial counsel must attend and present evidence, including the listed matters the Court will consider.
Court's wording
The Plaintiff’s trial counsel must be present at the hearing to present evidence of said damages. At the hearing the Court shall consider the following: 1. Perfection of service of the complaint by plaintiff or counsel; 2. Defendant's failure to answer or appear within twenty-eight (28) days of service; 3. Evidence of damages either by verified pleadings by plaintiff, or testimony of plaintiff, together with any exhibits properly appended to pleadings or affidavit, or introduced and accepted at hearing; 4. Report from expert stating opinion as to proximate cause of injury; 5. Report from expert stating opinion as to present value of damages sought;
When the assignment notice states that counsel of record or a party must appear, a substitution of counsel or engagement of local counsel for the motion is not permitted without prior court approval. Approval will not be granted on the date of the hearing.
A proposed entry shall be submitted with the motion.
For a motion for default judgment involving liquidated damages, the Court considers service, failure to answer, supporting affidavits, related account documents, and the plaintiff’s standing.
Court's wording
The Court shall consider the following upon the filing of a motion for default: 1. Perfection of service as above; 2. Failure of defendant to answer as above; 3. Affidavits in support of the motion; 4. Copies of notes, statements of account or other documents relating thereto; 5. Standing of the Plaintiff to bring the action.
Any entry presented to the court for signature without endorsement by all counsel or parties shall contain the certification that the entry was served upon the opposing counsel or appearing self-represented party and that the time for objection has expired.
Objections to a proposed entry must be written and filed with a copy of the proposed entry and a supporting memorandum.
Court's wording
If the opposing counsel or self-represented party objects to the proposed entry, he or she shall file written objections together with a copy of the proposed entry and a memorandum in support of the objections within five (5) business days after the proposed entry was submitted.
The responding party shall not file copies of the documents provided.
Entries shall contain a caption listing all parties, the case number, the title of the entry and the name of the judge to whom the case has been assigned.
- Document
- Entry
- Placement
- Caption
Must include
- •Judge name
- •Case number
Any motion filed seeking enforcement of discovery requests, sanctions or protective orders shall set forth the efforts of the moving party to resolve the issues prior to the filing of the motion.
Final judgment entries shall contain the language that it is a final appealable order and there is no just cause for delay. It shall also contain a provision requiring the Clerk of Courts to serve the judgment on the parties in the action pursuant to Civil Rule 58(B).
When the party responds to the request, that party shall file a notice of response.
A document certifying that a discovery request has been served upon the opposing party shall be filed with a certificate of service.
- Document
- Discovery request service certification
Must include
- •Certificate of service
Unless the court designates otherwise, judgment entries shall be prepared by the counsel for the prevailing party or the self-represented party who prevails.
Any party filing requests for discovery shall not file a copy of that document with the Clerk.
The submission for signature must include notice that the entry will be offered to the court on the fifth business day after submission.
Court's wording
Entries shall be submitted to opposing counsel or to a self-represented party for signature within five (5) business days of the court’s decision, along with notice that the entry will be offered to the court on the fifth business day after the proposed entry is submitted.
Filing & Service rules
Electronic Filing Rules
Registered e-filers must use their unique confidential identifier for every e-filing and are responsible for its security and use.
Each person that registers for e-filing shall be assigned a unique confidential electronic identifier that must be used each time a pleading or document is e-filed. The registered person is solely responsible for security and use of that identifier.
Page 8 | 3.2
A party or attorney who wants to e-file must register with the Clerk and provide a valid credit card for required deposits or fees.
A party or attorney desiring to file pleadings or documents using the e-filing function of the case management system must register with the Clerk and provide a valid credit card for payment of deposits or fees required by the court rules, Ohio law or Ohio Rules of Court.
Page 8 | 3.2
Fax and email filings must be sent only to the Clerk of Court’s fax number or email address.
All facsimile and email filings must be transmitted to the Clerk of Court’s fax number or email address only.
Page 9 | 3.6 Authorized facsimile number and email address for filing
Fax and email filings are not accepted for the listed filing types, including filings requiring a fee or specified signature, filings over 30 pages excluding exhibits without prior court approval, and documents larger than 8½ by 11 inches.
The following documents will not be accepted by the Clerk of Courts for filing if submitted by facsimile or e-mail transmission: 1. Filings commencing an action or reopening a case that was completed and closed; 2. Filings that require a cost deposit or fee; 3. Filings that require the signature of a judge, magistrate or party; 4. Filings that exceed 30 pages, excluding exhibits, without prior approval of the court. 5. Any document that is larger than 8 ½ x 11.
Page 9 | 3.5 Filing by facsimile or email transmission
Proposed judgment entries or orders must be e-filed with every motion for specific relief.
Proposed judgment entries or orders shall be e-filed with all motions for specific relief.
Page 11 | 3.13 Motions for specific relief
Compliant pleadings and documents not excluded by Rule 3.5 may be filed by fax or email and are accepted as the effective original filing.
Pleadings and documents other than those set forth in Rule 3.5 may be filed by facsimile or e-mail transmission. They shall be accepted by the Clerk as the effective original filing if they comply with the court rules, policies, procedures and practices.
Page 9 | 3.4 Facsimile and email filings; retention of source documents
E-filing is optional unless the court orders otherwise.
Efiling is optional unless otherwise ordered by the court.
Page 8 | 3.2
Filing Timing and Cure Windows
Required filing fees in a transferred case are due within 30 days after transfer.
In any case that is transferred to this court from another court; the Clerk shall collect from the Plaintiff the required filing fees within 30 days of the transfer.
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
The Clerk must give notice of the filing fee due within three business days after transfer.
The Clerk shall give notice of the filing fee due within three (3) business days of the transfer.
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
The request and proposed pleading may not be docketed, and no summons may issue, until the Judge or Magistrate reviews the request.
The request and/or the proposed pleading shall not be docketed and no summons shall issue until the request has been reviewed by the Judge or the Magistrate.
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
The Clerk must review electronically submitted documents and accept e-filings in e-file cases after determining they comply with applicable requirements.
Upon receipt of any document submitted electronically, the Clerk shall review the document for compliance with applicable court rules, policies, procedures and practices. The Clerk of Court shall accept any pleading or document filed by e-filing in any e-file case after the Clerk Review has determined it to be in compliance with the court rules, policies, procedures and practices.
Page 8 | 3.3
If the court finds the party indigent, a filing is deemed filed when received if Clerk review finds it compliant.
If the court finds that the party is indigent, the pleading or document submitted shall be deemed to have been filed the date it was received provided the Clerk’s Review found it to be in compliance with the court’s rules, policies, procedures and practices.
Page 8 | 3.2
The Clerk must reject and notify the filer of a noncompliant electronic document, and the filer has three business days to correct the deficiency.
If any document submitted electronically does not comply with the applicable court rules, policies, procedures and practices, it will not be accepted by the Clerk for filing and the Clerk shall notify the filer of the deficiency or reason. The filer shall have three (3) business days to correct the deficiency in the filing.
Page 8 | 3.3
An e-filed pleading or document is filed on the day it is submitted.
The date of filing will be the day the pleading/document was submitted by e-filing.
Page 8 | 3.3
An accepted fax or email filing is deemed filed on the date and time the Clerk received the transmission.
Pleadings and documents accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the facsimile or email transmission was received by the Clerk of Courts.
Page 9 | 3.4 Facsimile and email filings; retention of source documents
Unless the court orders otherwise, an omitted exhibit must be filed as a separate document within five business days after the fax or email filing.
Unless the court otherwise orders, the omitted exhibit shall be filed with the court, as a separate document, not later than five (5) business days following the filing of the facsimile or email document.
Page 10 | 3.11 Documents that cannot be electronically transmitted
If a person claims that a facsimile or email was received and the Clerk of Courts has no record of its receipt, upon filing of written proof of a confirmed transmission by the sending party, the document shall be accepted for filing if it complies with the court’s rules, policies, procedures and practices by the Clerk along with the confirmation and the document shall be deemed filed on that date.
If a person claims that a facsimile or email was received and the Clerk of Courts has no record of its receipt, upon filing of written proof of a confirmed transmission by the sending party, the document shall be accepted for filing if it complies with the court’s rules, policies, procedures and practices by the Clerk along with the confirmation and the document shall be deemed filed on that date.
Page 10 | 3.8 Risk assumed by sending party
The Clerk will reject a praecipe filed without the original subpoena and two copies and will not issue the requested subpoenas.
Any precipe filed without the original and two (2) copies shall not be accepted for filing by the Clerk and the Clerk shall not issue the subpoenas requested therein.
Page 12 | RULE 5, 5.1
The Clerk must reject and return pleadings that do not comply with Rule 4, and the court may strike a noncompliant pleading that was mistakenly accepted.
Any pleading tendered for filing that does not comply with this rule shall not be accepted for filing by the Clerk and shall be returned to the tendering party. Any pleading mistakenly accepted by the Clerk may be stricken by the court as a sanction for violation of this rule.
Page 12 | RULE 4, 4.6
A motion filed for a purpose other than trial must be filed no later than 14 days before the scheduled hearing.
Motions filed for purposes other than trial shall be served on the opposing party and filed with the court no later than fourteen days prior to a scheduled hearing.
Page 14 | Section II Civil Case Management Plan — Rule 6
A response to the motion must be filed within 14 days after service of the motion.
A response to the motion must be filed within fourteen days of service of the motion.
Page 14 | Section II Civil Case Management Plan — Rule 6
A motion filed for trial purposes must be filed no later than 28 days before trial.
A motion filed for purposes of trial shall be filed no later than twenty-eight days prior to trial.
Page 14 | Section II Civil Case Management Plan — Rule 6
Depositions cited in the supporting memorandum must be filed no later than the date the motion is filed.
Any depositions cited in the memorandum must be filed no later than the filing date of the motion.
Page 14 | Section II Civil Case Management Plan — Rule 7
A motion for default judgment may be filed only after the answer time has expired.
Motions for default judgment shall be filed in writing any time after the answer time has expired.
Page 15 | RULE 8 — MOTIONS FOR DEFAULT JUDGMENT
If a final hearing or trial date has been set, a default-judgment motion requires leave of court before filing.
If the Court has set a final hearing or trial date, a motion for default judgment shall not be filed without leave of court.
Page 15 | RULE 8 — MOTIONS FOR DEFAULT JUDGMENT
An entry must be sent to opposing counsel or the self-represented party for signature within five business days of the decision, with notice that it will be offered to the court on the fifth business day after submission.
Entries shall be submitted to opposing counsel or to a self-represented party for signature within five (5) business days of the court’s decision, along with notice that the entry will be offered to the court on the fifth business day after the proposed entry is submitted.
Page 16 | RULE 10 — ENTRIES
An opposing counsel or self-represented party objecting to a proposed entry must file written objections, a copy of the proposed entry, and a supporting memorandum within five business days after submission.
If the opposing counsel or self-represented party objects to the proposed entry, he or she shall file written objections together with a copy of the proposed entry and a memorandum in support of the objections within five (5) business days after the proposed entry was submitted.
Page 16 | RULE 10 — ENTRIES
10.4 If an entry or objections to a proposed entry is not received by the court within fifteen (15) business days of its decision, then the court may dismiss the matter, order the Clerk to enter judgment in accordance with the decision rendered, or take other appropriate action including the imposition of sanctions.
10.4 If an entry or objections to a proposed entry is not received by the court within fifteen (15) business days of its decision, then the court may dismiss the matter, order the Clerk to enter judgment in accordance with the decision rendered, or take other appropriate action including the imposition of sanctions.
Page 17 | 10.4
If the note is unavailable when the complaint is filed, it must be filed before a summary-judgment or default-judgment motion.
If a copy of the note is not available at the time of the filing, a copy thereof shall be filed prior to the filing of a motion for summary judgment or default judgment.
Page 19 | Section III Foreclosures, Rule 15
The foreclosure party must present the sale-confirmation and distribution entry for approval within 15 days of the sale, unless exceptions to the proposed distribution have been filed.
The entry confirming sale and ordering distribution of the proceeds of sale must be presented to the court for approval within fifteen (15) days of the sale date by the party granted the foreclosure unless exceptions to the proposed distribution have been filed.
Page 20 | Section III Foreclosures, Rule 15
Mortgage assignments must be recorded with the county recorder before any summary-judgment or default-judgment motion is filed.
Said assignment shall be recorded with the county recorder prior to the filing of any motion for summary judgment or default judgment.
Page 20 | Section III Foreclosures, Rule 15
After a stay notice is filed with the Clerk, the foreclosure party must present a proposed stay entry within seven business days.
If a notice of a stay is received, the party granted the foreclosure shall present a proposed entry staying the case to the court within seven (7) business days of the filing of the notice of stay with the Clerk of Court.
Page 20 | Section III Foreclosures, Rule 15
The final judicial title report or title opinion must be filed no later than the accompanying summary-judgment or default-judgment motion.
A final judicial title report or title opinion shall be filed prior to or with a motion for summary judgment or default judgment.
Page 20 | Section III Foreclosures, Rule 15
The Clerk must reject and return pleadings that do not comply with the rule, and the court may strike a noncompliant pleading that was mistakenly accepted.
15.13 Any pleading tendered for filing that does not comply with this rule shall not be accepted for filing by the Clerk and shall be returned to the tendering party. Any pleading mistakenly accepted by the Clerk may be stricken by the court as a sanction for violation of this rule.
Page 21 | Foreclosures
A party that did not join a mediation request has five business days from the later of the request’s filing or the referral order to file an objection.
If all parties to an action do not join in the request for mediation, a party not joining in the request shall have five (5) business days after the filing of the request or the order of referral whichever is later, to file an objection to the mediation.
Page 22 | Section IV Mediation
Proof of financial counseling must be filed with the Court at least five days before the scheduled hearing in foreclosure mediation cases.
In foreclosure cases, the homeowners requesting mediation shall be required to complete financial counseling and to file proof thereof with the Court at least 5 days before the scheduled hearing.
Page 23 | Section IV — Mediation
The joint entry for a partial mediation settlement is due within five business days after mediation terminates.
If some, but not all, issues in the case are settled during mediation, then the parties shall submit a joint entry to the court listing the issues settled and that remain disputed within 5 business days of the termination of the mediation.
Page 24 | Section IV — Mediation
The Clerk must reject and return pleadings that do not comply with the rule; a mistakenly accepted pleading may be stricken by the court.
17.8 Any pleading tendered for filing that does not comply with this rule shall not be accepted for filing by the Clerk and shall be returned to the tendering party. Any pleading mistakenly accepted by the Clerk may be stricken by the court as a sanction for violation of this rule.
Page 25 | Rule 17
The opposing party has fourteen days to respond.
The opposing party shall have fourteen (14) days to respond with a memorandum and counter affidavits.
Page 27 | RULE 19 — TEMPORARY ORDERS
Counter affidavits and an opposition memorandum are due within fourteen days after service of the temporary-order motion.
The opposing party shall file any counter affidavits and memorandum in opposition to the motion, within fourteen days after the party has been served with the motion requesting temporary orders.
Page 27 | RULE 19 — TEMPORARY ORDERS
In a pending divorce or legal separation, each party must disclose the required information and documents to the opposing party within twenty-eight days after filing an answer or counterclaim.
Each party to a pending divorce or legal separation shall within twenty-eight (28) days of the filing of an answer or counterclaim disclose to the opposing party the following information and documents:
Page 28 | RULE 20 — MANDATORY DISCLOSURE REQUIREMENT
For documents provided at least 14 days before a hearing, a written objection stating the particular legal objection must be filed at least 7 days before the hearing, unless the objection’s basis was unforeseeable.
20.2 No objections as to the admissibility of any document provided pursuant to this rule at least fourteen (14) days before a scheduled court hearing shall be considered unless the party opposing introduction of the document files a written objection to the introduction of that document at least seven (7) days prior to the hearing setting forth the particular legal objection being raised or unless the basis for the objections was unforeseeable prior to the hearing.
Page 29 | Rule 20.2
Parents must attend the seminar within 45 days after the action or motion is filed.
Attendance at the seminar shall take place within forty-five (45) days after the filing of the action or motion.
Page 29 | Rule 21.1 Parent Education Class
A guardian ad litem interim report must be filed with the Magistrate at least 14 days before a hearing involving the allocation of parental rights.
Guardian ad litem interim reports shall be filed with the Magistrate at least fourteen (14) days prior to any hearing involving the allocation of parental rights of children.
Page 32 | 21.8
The psychologist or psychiatrist must provide the report to the court at least seven days before the hearing, unless otherwise ordered.
The psychologist or psychiatrist will provide the court with the original written report and recommendation (including case name and number, the date of hearing) no less than seven (7) days prior to the hearing unless otherwise ordered, with copies mailed to counsel for each party, or to a party if unrepresented.
Page 33 | 21.9 Psychological Reports and Custody Evaluations
A motion for contempt or to compel the division or exchange of personal property must be filed by the 30th day after the initial 30-day period expires.
The court will only entertain these motions if filed by a party on or before the 30th day after the expiration of the 30-day period.
Page 34 | 22.1 PERSONAL PROPERTY
Unless otherwise ordered, prevailing counsel must prepare the appropriate document and forward it to opposing counsel within five business days after the decision is announced.
After the court has announced its decision on any matter requiring an entry, order, decision or decree, unless otherwise ordered, counsel for the prevailing party shall prepare the appropriate document and forward it to opposing counsel within five (5) business days.
Page 37 | RULE 28 — ENTRIES
file a request for ruling on the entry with the Court within three (5) business days.
file a request for ruling on the entry with the Court within three (5) business days.
Page 37 | RULE 28 — ENTRIES
Opposing counsel must sign and return the document within five business days of receiving it.
Opposing counsel shall sign and return the document within five (5) business days of receipt.
Page 37 | RULE 28 — ENTRIES
The document must be submitted to the Court within fifteen business days after the decision is announced.
The document shall be submitted to the court within fifteen (15) business days after the court announces its decision.
Page 37 | RULE 28 — ENTRIES
Service and Proof of Service Rules
The Clerk must serve the approved withdrawal entry on the withdrawing counsel’s client by ordinary mail, as provided in the proposed entry.
A proposed entry to approve the withdrawal shall also be submitted with the motion and shall include a provision that a copy of the entry shall be served by the Clerk upon the client of the withdrawing counsel by ordinary mail.
Page 5 | Section I — General Provisions
A motion to withdraw must be served on the withdrawing counsel’s client and counsel for all other parties.
A copy of the motion shall be served on the client of the withdrawing counsel as well as counsel for all other parties.
Page 5 | Section I — General Provisions
For indigent persons, service by publication must be made by posting at each of the four specified courthouse and county-building locations.
Pursuant to Civil Rule 4.4(A)(2) in the case of indigents, service by publication shall be by posting on the bulletin board in the first floor lobby of the Court House, on the wall of the Domestic Relations Division waiting room on the second floor of the Court House, on the bulletin board of the first floor of the Highland County administration building on Governor Foraker Place, and on the bulletin board of the Highland County Tech Center building located at 1575 N. High St.
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
Parties and attorneys are responsible for allowing sufficient time to serve subpoenas.
Parties and/or attorneys are responsible for allowing sufficient time for service of the subpoenas.
Page 13 | Section I — General Provisions
A motion filed for a purpose other than trial must be served on the opposing party and filed at least 14 days before the scheduled hearing.
Motions filed for purposes other than trial shall be served on the opposing party and filed with the court no later than fourteen days prior to a scheduled hearing.
Page 14 | Section II Civil Case Management Plan — Rule 6
A document certifying service of a discovery request on the opposing party must be filed with a certificate of service.
A document certifying that a discovery request has been served upon the opposing party shall be filed with a certificate of service.
Page 16 | RULE 9 — DISCOVERY
A written continuance motion must be served on the opposing party.
13.1 No continuances of any court dates will be granted except upon written motion served upon the opposing party and by entry approved by the court and reflected upon the court’s docket.
Page 18 | 13.1
Foreclosure complaints and counterclaims or crossclaims must include sufficient copies for clerk service and return of file-stamped copies.
The Plaintiff shall file the original complaint and sufficient copies for service by the Clerk and for returning file stamped copies. Defendants filing counter claims or cross claims for foreclosure shall file sufficient copies for service by the Clerk and returning file stamped copies.
Page 19 | Section III Foreclosures, Rule 15
The parties must exchange the documentation and information specified in the mediation referral order.
The parties shall also be required to exchange such documentation and information as may be ordered in the order of referral.
Page 23 | Section IV — Mediation
For a divorce or legal-separation action, the Clerk must include the temporary restraining order with the summons and complaint served on the defendant.
Upon the filing of an action for divorce or legal separation, a mutual temporary restraining order shall be issued as set forth in Appendix E. The Clerk shall include a copy of the temporary restraining order with the summons and complaint served on defendant and shall mail a copy of the temporary restraining order to both parties by ordinary mail.
Page 25 | Rule 17
Absent proof of exigent or other compelling circumstances in the supporting affidavits, the Court will not grant specified ex parte support or expense orders until 14 days after service, allowing the opposing party to file counter-affidavits.
Unless proof of exigent or other compelling circumstances is shown in the supporting affidavits, the Court will not grant ex parte orders for child support, spousal support or payment of expenses and debts until fourteen days after service of the motion has been made upon the opposing party to give that party opportunity to file counter affidavits.
Page 26 | Rule 18 — Ex Parte Orders
The Defendant must serve the motion, memorandum, and supporting affidavit with the answer under Civil Rule 5.
Defendant shall serve a copy of a motion, memorandum and supporting affidavit with the answer pursuant to Civil Rule 5.
Page 27 | RULE 19 — TEMPORARY ORDERS
A copy of the motion, memorandum and supporting affidavit filed by Plaintiff shall be served by the Clerk with the summons and complaint.
A copy of the motion, memorandum and supporting affidavit filed by Plaintiff shall be served by the Clerk with the summons and complaint.
Page 27 | RULE 19 — TEMPORARY ORDERS
Legal counsel must provide their clients a copy of the guardian ad litem report.
Legal counsel shall provide a copy of the report to their clients.
Page 32 | 21.8
The guardian ad litem must receive notice of all hearings and proceedings and be served copies of all pleadings, motions, notices, and other case documents filed.
The guardian ad litem shall be given notice of all hearings and proceedings and shall be served a copy of all pleadings, motions, notices and other documents filed in the case.
Page 32 | 21.8
The guardian ad litem must provide the report to the court, each party’s legal counsel, and unrepresented parties.
The guardian ad litem shall provide a copy of the report to the court, legal counsel for any party and to unrepresented parties.
Page 32 | 21.8
A party who wishes to cross-examine the guardian ad litem must ensure written notice is given at least seven days before the hearing.
The party wishing to cross examine shall be responsible for ensuring that written notice is given at least seven days in advance of the hearing so that the guardian ad litem can prepare for the testimony.
Page 33 | Guardian ad litem
Copies of the report must be mailed to counsel for each party or to an unrepresented party, with the report provided at least seven days before the hearing unless otherwise ordered.
The psychologist or psychiatrist will provide the court with the original written report and recommendation (including case name and number, the date of hearing) no less than seven (7) days prior to the hearing unless otherwise ordered, with copies mailed to counsel for each party, or to a party if unrepresented.
Page 33 | 21.9 Psychological Reports and Custody Evaluations
The attorney-fee affidavit must be submitted to opposing counsel or the self-represented party at least two days before the final hearing.
The affidavit must be submitted to opposing counsel or self-represented party at least two days (2) before he final hearing.
Page 35 | RULE 23 — ATTORNEY FEES
A written motion for a continuance must be served on the opposing party.
No continuances of any court proceeding will be granted except upon written motion served upon the opposing party and by entry approved by the court and reflected upon the court’s docket.
Page 36 | RULE 25 — CONTINUANCES
Copies of motions and supporting documents must be served on opposing counsel.
Copies of all motions and supporting documents shall be served upon counsel for the opposing party.
Page 39
Attorneys or moving parties must provide copies of all bills and payment proofs to the opposing party and Court at the hearing, or mail a copy to opposing counsel in advance.
31.5 Attorneys or moving parties shall have a copy of all bills, proof of insurance paid and proof of the Movant’s payment for the opposing party and the Court at a hearing or mail a copy to opposing counsel in advance.
Page 41 | 31.5
Juror summonses must be delivered by ordinary mail.
The juror summons shall be delivered by ordinary mail.
Page 47 | SECTION VIII-JURY MANAGEMENT PLAN
A copy of a motion requesting access to a confidential document must be served on all parties and attorneys of record.
A copy of the motion shall be served upon all parties and attorneys of record in the case.
Page 49 | SECTION VIII-CONFIDENTIAL COURT RECORDS
If a party discovers a prospective witness after the Disclosure Date despite due diligence, it must disclose the witness within 48 hours of learning of them and at least 24 hours before referring to them at trial.
Any party that first locates a prospective witness after the Disclosure Date despite the exercise of due diligence to learn about that witness earlier, shall disclose the name of that witness to each adverse party (a) within forty-eight hours after learning about that witness, and (b) no less than twenty-four hours before referring to the witness at the trial.
Page 53 | WITNESS DISCLOSURE
No later than one week before trial, each party must provide adverse parties the names of all witnesses it intends to call.
No later than one week before trial (“Disclosure Date”), each party will provide any adverse party with the name of all witnesses whom that party intends to call at the trial.
Page 53 | WITNESS DISCLOSURE
A party that obtains a prospective exhibit after the Disclosure Date despite due diligence must supply it to the adverse party within 24 hours of obtaining it and at least 24 hours before referring to it at trial.
Any party that first obtains a prospective exhibit after the disclosure date, despite the exercise of due diligence to obtain it earlier, shall supply a copy of that prospective exhibit to the adverse party (a) within twenty-four hours after obtaining it, and (b) no less than twenty-four hours before referring to it at the trial.
Page 54 | MARKING AND EXCHANGE OF EXHIBITS
A party objecting to an adverse party’s exhibit must serve the written Objection Statement no later than one day before trial.
No later than one day before trial, each party who objects to the admissibility of any adverse party’s exhibit shall file and serve a written Objection Statement regarding any challenged exhibits which shall state (a) whether the party objects to an exhibit’s authenticity, and (b) any other ground on which the party objects to that exhibit’s admissibility (without argument or citation of authority).
Page 54 | MARKING AND EXCHANGE OF EXHIBITS
No later than one week before trial, each party must supply adverse parties a list of proposed exhibits and a pre-marked copy of each exhibit it may offer, or identify an exhibit already possessed from discovery responses.
No later than one week before trial (“Disclosure Date”), each party shall supply the adverse party with a list of all proposed exhibits and a pre-marked copy of every exhibit that the party may offer at the trial (or reference to any exhibit which the adverse part already possesses from discovery responses).
Page 54 | MARKING AND EXCHANGE OF EXHIBITS
For service on a person residing in Highland County, the Court recommends presenting the precipe and subpoena to the Clerk at least five business days before the appearance date.
It is recommended that precipes and subpoenas for persons residing in Highland County be presented to the Clerk at least five business days prior to the date of appearance to allow ample time for service of the subpoena.
Page 13 | Section I — General Provisions
For a person residing outside Highland County, the filing party or attorney should contact that county’s Sheriff or another process server to determine the time needed for service.
The party and/or attorney filing a precipe and subpoena for persons residing outside of Highland County should contact the Sheriff of that county or other process server to determine how much time will be needed for service of the subpoena.
Page 13 | Section I — General Provisions
A copy of a complaint must be provided to the guardian ad litem who is its subject so that the guardian may respond in writing.
A copy of the complaint will be provided to the guardian ad litem who is the subject of the complaint for purpose of responding in writing.
Page 32 | 21.7 Guardians Ad Litem
Filing Fees and Waivers
A security deposit for costs in the amount listed in Appendix A is required upon filing, though the Court may revise the deposit and fee schedule.
No civil action, domestic relations action or other type of proceeding shall be accepted for filing by the Clerk unless there is deposited upon the filing as security for costs the amount required as set forth in Appendix A to these rules. The Court may modify the amount of the security deposits and court fees from time to time, and the new deposit schedule shall be substituted as Appendix A to these rules when it becomes effective.
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
An additional deposit ordered by the Court must be deposited with the Clerk when a jury view is requested in a civil case.
An additional deposit as ordered by the Court shall be deposited with the Clerk upon the request for jury view in any civil case.
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
For a case transferred from another court, the Clerk must collect the required filing fees from the plaintiff within 30 days of transfer.
In any case that is transferred to this court from another court; the Clerk shall collect from the Plaintiff the required filing fees within 30 days of the transfer.
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
The Clerk must collect a $20 computer fee for the Clerk’s office on the cases specified in R.C. 2303.01(A)(1).
Pursuant to R.C. 2303.201, the Clerk shall collect the $20.00 computer fee for the Clerk’s office and the $6.00 fee for the Court computer fund on all cases set forth in R.C. 2303.01(A)(1)
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
Failure to pay the required jury-trial security deposit is treated as withdrawal of the jury demand.
Failure to pay the required security deposit for a jury trial as required by this rule shall be deemed a withdrawal of the demand for a trial by jury.
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
The Clerk must collect a $50 fee when the specified criminal, civil, domestic-relations, and confession-judgment matters are filed, including post-judgment filings.
Therefore, it is hereby ordered that the sum of $50.00 shall be collected by the Clerk of this Court on the filing of each criminal case, civil action or proceeding including both original and post judgment proceedings, all domestic relations cases including dissolutions, both in original and post judgment filings, and judgments by confession.
Page 7 | 2.8
Required deposits and fees must be paid by credit card through the e-filing system at filing, unless the filer submits a notarized poverty affidavit and motion to waive payment with the filing.
Any pleading or document that requires the payment of a deposit or fee to the Clerk shall be paid electronically by a credit card through the Clerk of Court’s efiling system at the time of filing. The e-filing function of the case management system will not accept filing without payment of the required deposit or fee unless a notarized poverty affidavit and motion to waive the payment of a deposit or fee is filed with the e-filing pleading or document.
Page 8 | 3.2
Failure to comply is treated as a mediation cancellation without 48 hours’ notice and results in assessment of the current non-cancellation fee.
Failure to comply with this rule shall be deemed a cancellation of the mediation without 48 hours’ notice and shall result in an assessment of the non-cancellation fee currently being charged.
Page 23 | Section IV — Mediation
The Court may dismiss an action without notice if the required filing fees are not paid.
If the filing fees are not paid, the Court may dismiss the action without notice to the parties.
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
After approval of an affidavit of poverty, an action may be filed without the security deposit, but court costs will be assessed at the end of the case.
Upon the approval of an affidavit of poverty by entry of the Judge or the Magistrate, an action may be filed without the required security deposit. However, court costs shall be assessed at the conclusion of the case.
Page 6 | Rule 2 — Security Deposits for Costs and Other Fees
Sealing & Redaction Procedures
For confidential, in camera, or otherwise nonpublic exhibits, the filing party must file a motion to have the exhibits sealed or unavailable for public inspection.
If a pleading or document contains exhibits that are confidential, being submitted for an in camera review or otherwise claimed not to be subject to public inspection, the filing party shall specifically note that in the filing and file a motion to have said exhibits sealed or not made available for public inspection by person accessing the public information in the case management system.
Page 10 | 3.12 Confidential Information
The filing party must redact social security numbers and other individual personal identifiers from documents filed in the public case file.
32.5 If there are documents which are to be filed in the public case file containing social security numbers or any other individual personal identifiers, the same shall be redacted by the filing party on those documents in the public case file.
Page 42 | 32.5
The family file must contain the listed financial, health, assessment, evaluation, report, visitation, genetic testing, and asset valuation records, as well as other items directed by the Court.
32.3 The family file shall contain items as follows: 1. Affidavits of indigency, financial records and financial disclosure statements regarding property, debt, taxes, income and expenses, including collateral source documents attached to or filed with records and statement, including, but not limited to, income tax returns; 2. Health care documents, including, but not limited to, physical health reports, psychological assessments and any other mental health or counseling documents; 3. Drug and alcohol assessments, screens and reports; 4. Guardian Ad Litem reports, including collateral source documents attached to or filed with the reports; 5. Home studies, including collateral source documents attached to or filed with the studies; 6. Child custody evaluations, including collateral source documents attached to or filed with the evaluations; 7. Domestic violence reports and screens, including, but not limited to, risk assessments; 8. Supervised parenting time/companionship/visitation records and reports, including, but not limited to, exchange records and reports; 9. Genetic testing relationship reports; 10. Asset appraisals/valuations; 11. Other items as directed by the Court.
Page 42 | 32.3
Documents filed in a domestic relations case that contain sensitive personal information must be kept in a family file separate from the public case file.
32.2 Documents filed in any domestic relations case containing sensitive personal information shall be kept in a “family file,” separate from the public case file otherwise maintained by the Clerk of Courts. The family file shall be maintained by the Clerk of Courts in such manner and in such location as the Clerk deems appropriate.
Page 42 | 32.2
The listed health, substance-use, guardian ad litem, financial, appraisal, and legally confidential documents are deemed confidential and inaccessible as stated, subject to the evidence and confidentiality exceptions in the rule.
35.3 Any of the following types of documents filed with the Clerk shall be deemed confidential documents not accessible to non-parties and attorneys of record unless admitted as evidence in a hearing or trial in this Court and not otherwise deemed to be confidential: 1. Health care documents, including but not limited to physical health, psychological health, psychiatric health, mental health and counseling documents; 2. Drug and alcohol use assessments and treatment facility/agency reports; 3. Guardian Ad Litem reports in general division cases; 4. Financial records regarding property, debt, taxes, income and expenses including collateral source documents filed with records and statements; 5. Asset appraisals and evaluations; 6. Any other documents deemed to be confidential pursuant to state or federal law including rules of court.
Page 49 | SECTION VIII-CONFIDENTIAL COURT RECORDS
A person may request access to a confidential document by written motion, and the Court may grant access upon the stated clear-and-convincing-evidence finding.
35.6 Any person may file a written motion with the Court requesting access to a document deemed to be confidential. A copy of the motion shall be served upon all parties and attorneys of record in the case. The Court may schedule a hearing on the motion or consider it without hearing at the discretion of the Court. Access to a confidential document may be permitted if the Court finds by clear and convincing evidence that the presumption of maintaining confidentiality is outweighed by a higher interest than that of the parties or the person to whom the document belongs or concerns.
Page 49 | SECTION VIII-CONFIDENTIAL COURT RECORDS
For good cause, the Court may order confidential documents filed under seal by the Clerk; sealed documents are inaccessible without the Court’s permission.
Notwithstanding the provisions of this rule, the Court, for good cause, may order certain confidential documents to be filed under seal by the Clerk. Said documents would not be accessible to any person without permission of the Court.
Page 43 | Rule 32
Filed documents are presumed publicly accessible unless an identified rule or statute provides otherwise.
35.2 All documents filed with the Court are presumed to be open to public access except as otherwise provided by Rules 44 and 48 of the Rules of Superintendence for the Courts of Ohio, Local Rule 32 and any provisions of the Ohio Revised Code.
Page 49 | SECTION VIII-CONFIDENTIAL COURT RECORDS
For good cause, the Court may order other documents containing sensitive personal information to be kept in the family file on a party’s motion or its own motion.
32.4 Upon motion of any party or upon the Court’s own motion, and, for good cause shown, other documents containing sensitive personal information may be ordered to be maintained in the family file.
Page 42 | 32.4
Filing Bundling Requirements
The motion and proposed entry must be filed together for a qualifying nunc pro tunc or modification request.
If a nunc pro tunc entry or an entry modifying a prior entry confirming sale and ordering proceeds distributed is requested after the entry confirming sale and ordering distribution of proceeds is filed, a motion requesting said entry stating with specificity the provisions to be corrected shall be filed with the proposed entry.
Page 20 | Section III Foreclosures, Rule 15
Pre-Motion Conference Requirements
The Court must set an evidentiary hearing if a motion requires factual findings and the parties do not stipulate to the facts.
If the issues to be determined in the motion require findings of fact and the parties do not stipulate to the facts, the Court shall set an evidentiary hearing on the motion.
Page 13 | Section II Civil Case Management Plan — Rule 6
A response to a motion for summary judgment may be served within twenty-eight days of the service of the motion and the movant’s reply to the response shall be served within seven days of the service of the response.
A response to a motion for summary judgment may be served within twenty-eight days of the service of the motion and the movant’s reply to the response shall be served within seven days of the service of the response.
Page 13 | Section II Civil Case Management Plan — Rule 6
Responses to a written motion except a motion for summary judgment may be served within fourteen days after service of the motion and the movant’s reply to the response shall be filed within seven days after service of the response.
Responses to a written motion except a motion for summary judgment may be served within fourteen days after service of the motion and the movant’s reply to the response shall be filed within seven days after service of the response.
Page 13 | Section II Civil Case Management Plan — Rule 6
The Court sets a non-oral hearing date; a party seeking oral argument must file its hearing request with its pleadings, and the Court may also set oral argument on its own motion.
A non-oral hearing date shall be set by the Court. If any party desires to have oral argument on the motion, a request for oral hearing on the date set shall be filed by that party with the pleadings filed by that party. The Court may also set the motion for an oral hearing on its own motion.
Page 14 | Section II Civil Case Management Plan — Rule 7
When the opposing party files a summary-judgment motion, the original movant must respond within 28 days and file a reply within 7 days after service of the motion.
If the opposing party files a motion for summary judgment, the original moving party shall file a response within twenty-eight days and the reply shall be filed within seven days of the service of the motion.
Page 14 | Section II Civil Case Management Plan — Rule 7
The Court sets a non-oral hearing date; a party seeking oral argument must file its hearing request with its pleadings, and the Court may also set oral argument on its own motion.
A non-oral hearing date shall be set by the Court. If any party desires to have oral argument on the motion, a request for oral hearing on the date set shall be filed with the pleadings filed by that party. The Court may also set the motion for an oral hearing on its own motion.
Page 14 | Section II Civil Case Management Plan — Rule 7
A motion to enforce discovery, for sanctions, or for a protective order must state the moving party’s efforts to resolve the issues before filing.
Any motion filed seeking enforcement of discovery requests, sanctions or protective orders shall set forth the efforts of the moving party to resolve the issues prior to the filing of the motion.
Page 16 | RULE 9 — DISCOVERY
The opposing party has five business days to file its opposition memorandum and supporting documentation.
The opposing party shall have five (5) business days to file a memorandum and documentation opposing the motion.
Page 39
After the transcript is filed, the movant has 14 days to file a supporting memorandum, the opposing party has 14 days after receiving it to oppose, and the movant may reply within 7 days after receiving the opposition.
The movant shall file a written memorandum in support of the objections within fourteen days of the filing of the transcript. The opposing party shall file a memorandum in opposition within fourteen (14) days of receipt of the movant’s memorandum. Movant may file a reply memorandum within seven (7) days of receipt of the opposing memorandum.
Page 39 | 29.3 Objections to Magistrate’s Decision
Unless a party requests oral argument in the pleadings or the Court sets it on its own motion, the Court will decide the motion based on the submitted memoranda.
Unless oral argument is requested by any party in the pleadings, or set by the Court on its own motion, the issues in the motion will be determined by the Court based upon the memoranda submitted.
Page 13 | Section II Civil Case Management Plan — Rule 6
The parties are expected to resolve discovery disputes between themselves without court intervention.
The court expects the parties to resolve discovery issues between them without court intervention.
Page 16 | RULE 9 — DISCOVERY
The Court will not hold an oral hearing on objections unless a party moves and shows good cause; no additional evidence is heard at a granted hearing, and qualifying newly available evidence results in a limited remand.
Unless a motion for oral hearing is filed by a party and good cause therefore is shown, the Court will not conduct an oral hearing on the objections, but will make an independent review of the objections, transcript and record and issue a ruling. If oral hearing is granted, the Court will not hear additional evidence. If a party demonstrates pursuant to Civil Rule 53(D)(4) that there is additional evidence that with reasonable diligence could not have been produced by that party for consideration by the Magistrate, the Court will remand the matter back to the Magistrate for further hearing on that evidence and any evidence opposing that new evidence only.
Page 39 | 29.4
The Court may set an oral hearing on its own motion or on a party’s written motion with the Court’s consent; the provision does not apply to motions under the listed Ohio Civil Rules.
Motions may be set for an oral hearing on the court’s motion or on any party’s written motion with consent of the court. This Rule shall not apply to motions filed under Ohio Civil Rules 22, 23, 24, 55, 56, 65 and 75.
Page 13 | Section II Civil Case Management Plan — Rule 6
The Rule excludes motions under Ohio Civil Rules 55, 65, and 75 and specified procedural motions, which the Court may decide immediately without a response.
This Rule shall not apply to motions filed under Ohio Civil Rules 55, 65 and 75 or to procedural motions such as motions for extension of time deadlines, continuances, leave to file a pleading, leave to withdraw as counsel and similar motions which may be decided immediately by the Court without a response from the other parties to the action.
Page 14 | Section II Civil Case Management Plan — Rule 6
Adjournment & Extension Requirements
A party with a pre-existing conflict with a date in a scheduling order must immediately move for a continuance or rescheduling upon receiving the order.
If a party has a pre-existing conflict with any of the dates, that party shall file a motion for a continuance or rescheduling of the proceeding immediately upon receipt of the order.
Page 17 | 11.1
The court will not continue a trial or final hearing beyond the Ohio Supreme Court’s time guideline deadline unless good cause exists to avoid a miscarriage of justice.
11.2 It is the policy and practice of this Court to complete all cases within the time guidelines set by the Ohio Supreme Court. In the absence of good cause to avoid a miscarriage of justice, the Court will not continue the trial or final hearing of any case to a date beyond that deadline.
Page 17 | 11.2
Every motion to continue a court date must set forth good cause.
13.2 Any motion to continue any court date shall set forth good cause for the continuance.
Page 18 | 13.2
A continuance requires a written motion served on the opposing party and an entry approved by the court and reflected on the docket.
13.1 No continuances of any court dates will be granted except upon written motion served upon the opposing party and by entry approved by the court and reflected upon the court’s docket.
Page 18 | 13.1
13.3 Continuances of a trial date beyond the time guidelines set by the Ohio Supreme Court shall not be granted without a showing of extraordinary circumstances, and only then when there
13.3 Continuances of a trial date beyond the time guidelines set by the Ohio Supreme Court shall not be granted without a showing of extraordinary circumstances, and only then when there
Page 18 | 13.3
A continuance based on counsel’s required appearance in another court will not be granted unless the motion includes that court’s assignment notice and the other court date was scheduled first.
No motion for continuance due to a conflict with counsel’s appearance being required in another court shall be granted unless there is attached to the motion a copy of the assignment notice for said court date, and that court date was scheduled prior to the scheduling of the date in this court.
Page 18 | 13.2
A continuance entry must include the next court date and time or blank spaces for them.
No entry of continuance of a court date shall be granted unless the entry submitted includes a new date and time for the next court date or blank spaces to insert them.
Page 19 | Rule 13
A scheduled mediation may be continued only for good cause after the parties determine a mutually acceptable future date; the referring mediator, judge, or magistrate may continue the case.
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 court appointed mediator, judge or magistrate who referred the case.
Page 23 | Section IV — Mediation
Mediation attendance is mandatory, and a party must request rescheduling at least 48 hours before the session to avoid the current non-cancellation fee.
Attendance at the mediation shall be mandatory. Any party that fails to appear at the mediation or fails to request a rescheduling of the session at least forty-eight (48) hours prior to the time that it is scheduled shall be assessed the current non- cancellation fee.
Page 30 | Rule 21.2 Mediation
A continuance requires a written motion served on the opposing party and an entry approved by the court and reflected on the docket.
No continuances of any court proceeding will be granted except upon written motion served upon the opposing party and by entry approved by the court and reflected upon the court’s docket.
Page 36 | RULE 25 — CONTINUANCES
A motion to continue must state good cause; a conflict with counsel’s required appearance in another court warrants a continuance only if the assignment notice is attached and that court date was scheduled first.
Any motion to continue any court date shall set forth good cause for the continuance. No motion for continuance due to a conflict with counsel’s appearance being required in another court shall be granted unless there is attached to the motion a copy of the assignment notice for said court date, and that court date was scheduled prior to the scheduling of the date in this court.
Page 36 | RULE 25 — CONTINUANCES
A trial-date continuance beyond Ohio Supreme Court time guidelines requires extraordinary circumstances, no alternative means of preventing substantial injustice, and a delay not caused by the moving party’s neglect or purposeful act.
Continuances of a trial date beyond the time guidelines set by the Ohio Supreme Court shall not be granted without a showing of extraordinary circumstances, and only then when there is no alternative means of preventing a substantial injustice and the cause for the delay is not due to neglect or purposeful act of the moving party.
Page 36 | RULE 25 — CONTINUANCES
A hearing will not be continued because of a settlement unless the agreement was put in writing and signed by both parties before the hearing.
27.3 A hearing will not be continued for the reason that the parties have reached a settlement agreement unless it has been reduced to writing and signed by both parties prior to the hearing.
Page 37 | RULE 27 — SETTLEMENTS
The absence of a proposed decree at the final hearing is just cause to continue the hearing, but the petition may be dismissed if another hearing cannot be scheduled within the 90-day jurisdictional period.
Failure to have a proposed decree at the final hearing shall be just cause for continuance of the hearing and dismissal of the petition if it cannot be scheduled for another hearing within the required ninety (90) day jurisdictional period.
Page 38 | RULE 28 — ENTRIES
Trials or pleas must be completed within 150 days of arraignment and sentencing within 180 days; a continuance that would make the case miss the Supreme Court guidelines will not be granted unless necessary to avoid a miscarriage of justice.
The Court will complete all criminal cases within the time guidelines set by the Ohio Supreme Court. Trials or pleas shall be completed no later than 150 days after arraignment. Sentencings will be completed within 180 days of arraignment. Unless necessary to avoid a miscarriage of justice, no continuance will be granted that will result in the case not being completed within the Supreme Court guidelines.
Page 44 | Section VII—Criminal Case Management Plan
On motion and for good cause shown, the Court may reduce or enlarge the deadlines as authorized by Civil Rule 6.
The Court may upon motion and for good cause shown, reduce or enlarge the time deadlines as authorized by Civ. R. 6.
Page 13 | Section II Civil Case Management Plan — Rule 6
On a party’s motion and for good cause, the Court may reduce or enlarge the time to file motions or responses.
Upon motion of a party and for good cause, the Court may reduce or enlarge the time within which to file motions or responses.
Page 14 | Section II Civil Case Management Plan — Rule 6
Any requests for extensions of discovery deadlines should be filed as soon as it becomes evident that an extension is needed but no later than the first pre-trial.
Any requests for extensions of discovery deadlines should be filed as soon as it becomes evident that an extension is needed but no later than the first pre-trial.
Page 16 | RULE 9 — DISCOVERY
Chambers Communication Rules
The sender bears the risks of fax or email filing, must verify receipt by the Clerk using available technological means, and cannot rely on the Clerk to notify them of a failed filing.
The risks of transmitting a document by facsimile or email to the Clerk of Courts shall be borne entirely by the sending party. Anyone using filing by facsimile or email transmission is responsible for verifying receipt of such filing by the Clerk of Courts through whatever technological means are available. The Clerk of Courts is not required to send any form of notice to the sending party of a failed filing.
Page 10 | 3.8 Risk assumed by sending party
An entry affecting a pending matter set for hearing, arbitration, or mediation must be delivered to the Assignment Commissioner for cancellation; a copy of the motion and entry satisfies the requirement.
10.5 Any entry affecting a pending matter such as a continuance or dismissal that has been set for a hearing, arbitration, or mediation shall be delivered to the Assignment Commissioner for cancellation of the hearing. Delivery of a copy of the motion and entry satisfies this rule.
Page 17 | 10.5
Recipients must check the read-receipt box when opening a court email notice or, if their account lacks that setting, email an acknowledgment to the court within one business day.
The “read receipt” box on email notices from the court shall be checked by the recipient when opened. If the recipient does not have “read receipt” setting on the e-mail account, a return e-mail acknowledging receipt of the e-mail notice shall be returned to the court within one business day of its receipt.
Page 17 | 11.4
Upon filing a dissolution petition, counsel for a party or the self-represented parties must immediately contact the Assistant Assignment Commissioner to schedule a final hearing.
17.10 Upon filing of a petition for dissolution, counsel for one of the parties, or the parties if self-represented shall immediately contact the Assistant Assignment Commissioner of the Domestic Relations Division to schedule a final hearing.
Page 25 | Rule 17
After service in a divorce or legal-separation proceeding, plaintiff’s counsel or a self-represented plaintiff must immediately contact the Assistant Assignment Commissioner to schedule a pre-trial/final hearing.
17.9 After service has been accomplished in a divorce or legal separation proceeding, Plaintiff’s counsel or the Plaintiff if self-represented shall immediately contact the Assistant Assignment Commissioner of the Domestic Relations Division to schedule a pre- trial/final hearing.
Page 25 | Rule 17
After service of a post-decree relief motion, the movant’s counsel or self-represented movant must contact the Domestic Relations Division Assistant Assignment Commissioner to obtain a hearing date.
Upon service of a motion for post-decree relief, counsel for the movant or movant if acting self-represented party shall contact the Assistant Assignment Commissioner of the Domestic Relations Division to obtain a hearing date.
Page 40 | 30.4
Before or immediately upon filing a motion to show cause, counsel or a self-represented movant must immediately contact the Assistant Assignment Commissioner to obtain a court date.
31.9 Prior to or immediately upon filing of a motion to show cause, counsel for the movant or the movant if self-represented shall immediately contact the Assistant Assignment Commissioner for the Domestic Relations Division to obtain a court date.
Page 41 | 31.9
The court prefers to send proceeding notices by email with a read receipt, and counsel and self-represented parties must provide an email address to the Assignment Commissioner.
11.4 The Court’s preferred method of giving notice of hearings, trials or other court proceedings is by e-mail to counsel of record or to self-represented party parties with a read receipt. Counsel of record and self-represented party parties shall provide the assignment commissioner with an e-mail address.
Page 17 | 11.4
Counsel must forward all proceeding notices to their clients; if counsel provides a party’s email address to the Assignment Commissioner, the court may email notices directly to that party.
Counsel of record are responsible for forwarding all notices of court proceedings to their clients. However, if counsel supplies an e- mail address for a party to the Court Assignment Commissioner, the Court may send e-mail notices to those parties.
Page 17 | 11.4
Counsel should contact the court to schedule the new date when filing a continuance request whenever feasible.
Counsel shall contact the court to schedule the new date upon filing of the request whenever feasible.
Page 19 | Rule 13
The Code of Judicial Conduct prohibits the Judge, Magistrate and court employees from answering questions about specific cases or discussing the merits of a case with any party or other person and from communicating privately with any party on a matter that may come before the Court. Further, the Judge, Magistrate, court staff and Clerk of Courts cannot give legal advice. For these reasons, the Court cannot accept phone calls or engage in conversations regarding these matters. E-mails, cards and letters regarding a case will not be read. Court staff may be able to answer procedural questions only, but these answers are not legal advice.
The Code of Judicial Conduct prohibits the Judge, Magistrate and court employees from answering questions about specific cases or discussing the merits of a case with any party or other person and from communicating privately with any party on a matter that may come before the Court. Further, the Judge, Magistrate, court staff and Clerk of Courts cannot give legal advice. For these reasons, the Court cannot accept phone calls or engage in conversations regarding these matters. E-mails, cards and letters regarding a case will not be read. Court staff may be able to answer procedural questions only, but these answers are not legal advice.
Page 1 | Frequently Asked Questions
Court and Clerk of Courts staff may not assist parties in completing forms.
Neither the Court staff nor the Clerk of Courts staff are permitted to assist you in completing any forms.
Page 1 | Frequently Asked Questions
The filing-fee schedule can be obtained by calling the Clerk of Courts Office or viewing Appendix A to the Local Rules.
A. The Court's filing fees schedule is available by calling the Clerk of Courts Office at (937) 393-9957 or viewing Appendix A to the Court’s Local Rules on this website.
Page 1 | Frequently Asked Questions
Contact the Domestic Relations Division by phone during business hours; if no one answers while court is in session, leave a message for a return call.
The Domestic Relations Division is open Monday through Friday from 8:30 a.m. through 4:00 p.m. It is closed for lunch from 12:00 p.m. to 1:00 p.m. Contact Information: You can contact the Domestic Relations Division at (937) 393-3676 during our business hours. If Court is in session, and no one is available to answer your call, please leave a message and your call will be returned.
Page 1 | Contact Information
Court papers may be obtained from the Clerk of Courts Office at the stated courthouse address; the Clerk’s office can be contacted for more information.
A. From the Highland County Clerk of Courts Office, located on the first floor of the Highland County Courthouse at 105 N. High Street, Hillsboro, OH 45133. For more information, contact the Clerk’s office (937) 393-9957.
Page 1 | Frequently Asked Questions
Check the CourtView case events for a hearing date; if it is not posted, contact the Domestic Relations office, and use the online calendar to confirm the time.
A. Click on the courtview records search button and find your case. Click on the "events" button. If it is not posted, contact the Domestic Relations office at (937)393-3676. If you already know the date and want to confirm the time, there is a one week calendar on this website. Click on the calendars button and then click on domestic relations calendar then scroll down the calendar to your case.
Page 1 | Frequently Asked Questions