Hocking County Court of Common Pleas, General & Domestic Relations Divisions Document Filing Requirements

CRITICAL

Applies to

Facsimile transmission

Facsimile submissions must comply with Ohio Civil Rules 10 and 11 and include a cover page with the specified attorney and transmission information.

All facsimile transmissions tendered to the clerk for filing under this rule must conform to the requirements of Rules 10 and 11 of the Ohio Rules of Civil Procedure and must include a cover page that includes the following information: Name of attorney; Address of attorney; Ohio Supreme Court registration number of attorney; Telephone number of attorney; Facsimile number of attorney; Email address of attorney; Date and time of facsimile; ===== PAGE 8 ===== Number of pages of facsimile transmission.

CRITICAL

Applies to

Electronic document

Must include

case number

Each electronically filed document must be accompanied by an online Document Description Form with the listed case, document, transmission, and filer information.

For each electronic document filed, the filer must complete an online Document Description Form containing the following information: The title of the case; The case number, if previously assigned; The assigned judge, if previously assigned; The title of the document being filed; The date of transmission; The name, Ohio attorney-registration number, address, telephone number, fax number, and email address of the attorney or party filing the document.

CRITICAL

Applies to

Electronically filed pleading

An electronically filed pleading must be signed by an Ohio-admitted attorney or an unrepresented party.

All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or by a party not represented by an attorney.

CRITICAL

Applies to

Electronically filed document requiring attorney signature

An electronically filed pleading or other document requiring an attorney’s signature must use an Electronic Signature substantially in the stated format.

A pleading or other document requiring an attorney’s signature must be signed with an Electronic Signature in substantially the following format if filed electronically: /s/Ohio Attorney or /s/ Unrepresented Filing Party Ohio attorney-registration number Attorney for (Plaintiff/Defendant) Address Telephone Number Facsimile Number

CRITICAL

Applies to

Filing requiring judge signature

Entries and orders must include required tokens, and filings requiring a judge’s signature must include the Judge Token shown.

All Entries and Orders shall include the required tokens. (a) All Filings that require a Judge’s signature must include the Judge Token. <{Judge Signature}>

CRITICAL

Applies to

Filing requiring magistrate signature

A filing requiring a magistrate’s signature must include the Magistrate Token shown.

All filings that require a Magistrate’s signature must include the Magistrate Token. <{Magistrate Signature}>

CRITICAL

Applies to

Instructions for service

When clerk service is required or requested, the filing party must file Instructions for Service as a separate document.

For all documents that require service by the clerk or documents for which a party is requesting that service be made by the clerk, Instructions for Service must be filed by the filing party as a separate document.

CRITICAL

Applies to

Filed document

Must include

certificate of service

Filing parties must include a properly signed certificate of service on their documents.

All filing parties must also include on their documents a certificate of service signed in accordance with applicable Ohio court rules and laws, including these Local Rules.

CRITICAL

Applies to

Certificate of service

The certificate of service must substantially use the stated service-certification language.

The certificate of service must contain substantially the following language: “I hereby certify that on [date], [document title] was served through the Court’s Electronic Filing Service or by ordinary U.S. mail.”

CRITICAL

Applies to

Final judgment entry

Final judgment entries must include a provision for payment of costs.

Final judgment entries must contain a provision for payment of costs.

CRITICAL

Applies to

Cost deposit affidavit

An initiating party unable to pay the required cost deposit must file an affidavit signed before a deputy clerk stating that inability.

(A) If the party initiating the action or proceeding is unable to pay the cost deposit, as set forth in 4.01, the party must file an affidavit, signed before a deputy clerk of court, reflecting the inability to post the required cost deposit.

CRITICAL

Applies to

Cost deposit affidavit

The cost-deposit affidavit must state the party lacks funds or assets and explain the inability to pay, and include an attorney certification, if applicable, that no attorney fees have been paid.

The affidavit shall contain both of the following: 1. A poverty affidavit which states that the party is without funds or assets to pay the deposit and setting forth the reasons for the inability to pay the required deposit. 2. A certification by the attorney, if any, that no attorney fees have been paid.

CRITICAL

Applies to

Document drafted using ai

Must include

ai disclosure

Parties and counsel may use AI, but if they do, they must include the specified certification and verify that citations exist and support their positions; omission makes the document void and may result in sanctions.

Parties and counsel are permitted to utilize artificial intelligence in assisting with drafting documents. Parties and counsel shall ensure that all case law and other citations exist and support the stated positions. Parties and counsel shall inform the Court in the event they utilize artificial intelligence by stating as follows: “I utilized artificial intelligence in drafting this document and I certify that the case law and other citations contained herein exist and support the stated positions.” If counsel or a party utilizes artificial intelligence and does not make the aforementioned disclaimer the document will be deemed void and sanctions may be ordered.

CRITICAL

Applies to

Pleading motion memorandum

Must include

caption, judge name, case number

Each pleading, motion, and memorandum must identify the case name, case number, and judge.

Every pleading, motion and memorandum filed must be legibly typed or printed using a minimum font size of 12 points on 8.5-inch by 11-inch paper, be securely bound and paginated, and have typed or printed the case name, the case number, and the name of the judge.

CRITICAL

Applies to

Pleading motion memorandum

In the specified Hocking County foreclosure or real-property-sale actions involving the Treasurer or Auditor, each pleading, motion, and memorandum must list the relevant permanent parcel number(s) beneath the judge’s name in the caption.

If the action is classified under Rule 22.02 of these Rules as an action for foreclosure or is otherwise an action requesting the sale of real property located in Hocking County, Ohio and the Hocking County Treasurer or the Hocking County Auditor is a party to the action, each pleading, motion, and memorandum must list in the case caption beneath the trial judge's name the Hocking County permanent parcel number or each of the Hocking County permanent parcel numbers of the real property or real properties that are the subject of the action.

CRITICAL

Applies to

Subsequent pleading

After a new plaintiff or defendant is added, subsequent pleadings must include that party’s name and address followed by the appropriate designation in the caption.

When a new party plaintiff or defendant is added to a case after its commencement, the caption of subsequent pleadings must contain the name and address of the new party, followed by the appropriate designation.

CRITICAL

Applies to

Complaint

Where appropriate, a complaint must include proof of assignment establishing standing and jurisdiction; the court may dismiss it without prejudice if the proof is missing.

Upon filing and where appropriate, complaints must have attached proof of assignment to the plaintiff from the original creditor or original party-in-interest to establish the plaintiff’s standing and the jurisdiction of the court. The court may dismiss the complaint without prejudice if the proof of assignment is not attached to the complaint.

CRITICAL

Applies to

Motion

Where appropriate, a motion must include a supporting memorandum stating the specific grounds for relief and citing the controlling authorities relied upon.

All motions, where appropriate, must be accompanied by a memorandum in support of the motion, setting forth the specific grounds for the relief sought, along with citations to controlling authorities relied upon in requesting the relief.

CRITICAL

Applies to

Motion memorandum

Where appropriate, memoranda supporting, opposing, or replying to a pending motion must provide page and document references to evidence for every factual assertion.

Where appropriate, all memoranda (in support of, contra, and in reply) filed regarding a pending motion must include page and document references to evidentiary material for all factual assertions.

CRITICAL

Applies to

Motion

Must include

proposed order

Unless the trial judge orders otherwise, each motion must include an entry; failure to submit one may delay consideration or lead to denial.

Except as otherwise ordered by the trial judge, all motions must be accompanied by an entry. Failure to submit an entry may delay consideration of the motion or result in the court denying the motion for failure to comply with this rule.

CRITICAL

Applies to

Motion memorandum reply

Motions, memoranda contra, and replies must use the prescribed title formats.

All motions, memoranda contra, and replies must be titled in the following manner: MOTION: Motion of (Plaintiff/Defendant) (party name) (to/for) (type of motion). MEMORANDUM CONTRA: Memorandum Contra of (Plaintiff/Defendant) (party name) to (Plaintiff/Defendant) (party name) Motion (to/for) (type of motion) Filed (date of motion). REPLY: Reply of (Plaintiff/Defendant) (party name) to (Plaintiff/Defendant) (party name) Memorandum Contra to Motion Filed (date of motion).

CRITICAL

Applies to

Motion

A motion seeking an oral hearing must request it in the caption and state the anticipated hearing length.

If an oral hearing on the motion is desired, the motion must contain a request for oral hearing, with the anticipated length of the hearing, in the caption.

CRITICAL

Applies to

Request for leave to exceed page limit

A request for leave to file a memorandum exceeding the page limit must be made by motion.

Requests for leave to file memoranda in excess of the page limits must be made by motion.

CRITICAL

Applies to

Extension motion

The moving party must submit a proposed judgment entry separately with the extension request.

The moving party must submit separately a proposed judgment entry.

CRITICAL

Applies to

Motion to set aside magistrate order

A motion to set aside a magistrate’s order must include the proceedings transcript or a request for it, unless the motion is based purely on an error of law.

All Motions to Set Aside the Magistrate’s Orders shall be accompanied by a transcript of the proceedings that occurred with the magistrate, or a request for a transcript of the proceedings that occurred with the magistrate, if any, unless the motion is purely based on an error of law.

CRITICAL

Applies to

Objection to magistrate decision

An objection to a magistrate’s decision must include the proceedings transcript or a request for it, unless the objection is based purely on an error of law.

All Objections to the Magistrate’s Decision shall be accompanied by a transcript of the proceedings that occurred with the magistrate, or a request for a transcript of the proceedings that occurred with the magistrate, if any, unless the objection is purely based on an error of law.

CRITICAL

Applies to

Objection to magistrate decision

An objection to a magistrate’s decision in a civil protection order proceeding must include a transcript unless it is based purely on an error of law.

Any objections to the Magistrate’s Decision shall be accompanied by a transcript unless the objection is purely based on an error of law.

CRITICAL

Applies to

Pleading or motion

Pleadings and motions filed for represented parties must be signed in an individual attorney’s name.

All pleadings and motions served and filed on behalf of any party represented by counsel must be signed by one attorney in that attorney’s individual name as required by Rule 11 of the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Pleading or motion

An attorney must identify the represented party after the attorney’s signature by stating “Attorney for Plaintiff” or “Attorney for Defendant”.

Following that attorney’s signature, office address, telephone number, facsimile number, email address, and Supreme Court registration number, there must be set forth the designation “Attorney for Plaintiff” (or Defendant).

CRITICAL

Applies to

Pleading or motion

An unrepresented party must sign their pleadings and motions, and the signature block should contain the listed identifying and contact information.

All pleadings and motions served and filed by an unrepresented party on behalf of himself or herself must be signed by that party, and the signature block should contain the following information, either typed or printed: the party’s name, the designation that the party is pro se, the party’s address, a telephone number where the party can be reached, and a valid email address.

CRITICAL

Applies to

Notice of substitution of counsel

When the designated trial attorney withdraws and a new attorney takes that attorney’s place, a written notice of substitution of counsel must be filed.

If the trial attorney designated in accordance with Loc.R. 11.01 withdraws from the case, as provided in Loc.R. 13, and a new attorney is substituted in his place, a written notice of substitution of counsel must be filed.

CRITICAL

Applies to

Pro hac vice motion

The out-of-state attorney must provide proof of registration with the Supreme Court Office of Attorney Services under Gov.Bar R. XII.

(A) Provided proof that the out-of-state attorney has registered with the Supreme Court Office of Attorney Services in accordance with Gov.Bar R. XII;

CRITICAL

Applies to

Pro hac vice motion

The out-of-state attorney must provide a written certification concerning familiarity with the local rules and the specified Ohio rules.

(B) Certified in writing that he or she has familiarized himself or herself with these local rules and will familiarize himself or herself with the appropriate Ohio Rules of Criminal or Civil Procedure, the Ohio Rules of Evidence, and the Ohio Rules of Professional Conduct;

CRITICAL

Applies to

Pro hac vice motion

The out-of-state attorney must obtain an Ohio-licensed sponsor, who must notify the court in writing and certify the attorney’s compliance with the applicable rules.

(C) Found an attorney licensed to practice law in Ohio to act as his or her sponsor. The sponsoring attorney must provide written notice of his or her sponsorship to the court and certify the out-of-state attorney’s compliance with this rule and the Rules for the Government of the Bar;

CRITICAL

Applies to

Pro hac vice motion

The sponsoring attorney must submit an entry authorizing approval of the motion with the motion and certification.

(D) The sponsoring attorney submits with the motion and certification an entry authorizing the approval of the motion;

CRITICAL

Applies to

Pro hac vice motion

An Ohio-licensed attorney, either the sponsor or another attorney, must serve as co-counsel with the attorney admitted pro hac vice.

(E) The sponsoring attorney, or any other attorney licensed to practice law in the state of Ohio, must be co-counsel with the attorney admitted pro hac vice.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must state the reasons, include the client’s current address and phone number, and certify that the specified notices were given.

13.01 An attorney desiring to withdraw from representation of a client must file a motion to withdraw stating the reasons for the withdrawal. The motion must also include the last current address and phone number of the client and certification by the attorney that the following conditions have been met: (A) Notice has been given to the client advising the client of all orders and all upcoming assignment dates affecting the client; (B) Notice has been given to all counsel, or if unrepresented, notice has been given to the parties.

CRITICAL

Applies to

Motion

A party seeking a trial or hearing continuance must file a written motion and submit a proposed entry.

15.01 If a party seeks a continuance of a trial or hearing, the party must file a written motion and submit a proposed entry.

CRITICAL

Applies to

Proposed order

A proposed entry must provide language for granting or denying the motion, a box to indicate the result, and a place for the new trial date.

The proposed entry must contain language for both granting and denying the motion, a box to check if the motion is granted or denied, and a place for the new trial date.

CRITICAL

Applies to

Motion

A continuance motion based on a conflicting trial assignment must include a copy of the conflicting assignment.

The court will not consider any motion for continuance due to conflict of a trial assignment date unless a copy of the conflicting assignment is attached to the motion and the motion is filed not less than 21 days prior to trial.

CRITICAL

Applies to

Motion

A motion to continue or modify a trial date must include a proposed entry, and noncompliance may result in denial.

15.03 Any motion to continue or modify a trial date must be accompanied by a proposed entry. Failure to comply with this rule may result in denial of the motion.

CRITICAL

Applies to

Notice of dismissal

A partial dismissal notice to the court must identify the parties who settled, the parties who remain, and the claims still pending.

Notice must be provided to the court of a partial dismissal. The notice must indicate which parties have settled, which parties remain, and which claims are still pending.

CRITICAL

Applies to

Proposed entry

If counsel cannot agree on a proposed entry, counsel should submit it to the judge for review and note the disagreement on the entry.

If counsel are unable to agree upon the entry, the entry should be submitted to the judge for review, but shall also note the lack of agreement on the same.

CRITICAL

Applies to

Complaint

The filing party must designate the case category on the complaint in the designated case-number space; it remains part of the case number unless the trial judge changes it.

The initial determination of the category of the case being filed will be made by the party filing the case at the time of filing and will be indicated on the face of the complaint in the appropriate designated space in the case number, and will remain as a part of the case number unless otherwise changed by the assigned trial judge.

CRITICAL

Applies to

Subsequent filing

Subsequent filings must continue to use the category appearing in the case number.

The category appearing in the case number will continue in all subsequent filings.

CRITICAL

Applies to

Classification form

For each new civil case, counsel or the filing party must fully complete the clerk’s classification form at filing, and the form must be file-stamped and placed in the Official Court File.

The classification form maintained by the clerk’s office must be fully completed by counsel or the party at the time of filing any new civil case and must be file-stamped and contained in the Official Court File.

CRITICAL

Applies to

Amended case schedule

When a party moves to modify the case schedule and the court modifies it, that party must prepare an amended schedule for the judge’s signature and promptly file and serve it on all other parties.

The trial judge, either on motion of a party or sua sponte, may modify any date in the case schedule for good cause and on terms as are just. If the case schedule is modified on motion of a party, that party must prepare and present to the trial judge for signature an "Amended Case Schedule," which must be promptly filed and served on all other parties.

CRITICAL

Applies to

Pretrial statement

Parties must file a pretrial brief or statement by the deadline in the court’s scheduling entry or court order; it must include the specified claims, evidence, witnesses, issues, motions, damages, trial estimates, settlement status, and jury materials.

The pretrial brief or statement must be filed in accordance with the court’s scheduling entry or upon order of the court. This Rule does not apply in criminal cases. The pretrial statement must include the following: (A) A concise statement of the claims and defenses of the parties; (B) Those facts established by admissions in the pleadings, admissions by discovery, and stipulations of counsel; (C) The contested issues of fact; (D) The contested issues of law, together with counsel’s citations of authority for his/her position; (E) The names and addresses of witnesses, together with a brief statement of the subject matter of each witness’s testimony and a brief summary of each witness’s expected testimony; (F) The names, addresses, and qualification of the expert witnesses expected to testify at trial, together with a brief statement of the subject matter of each expert witness’s testimony; (G) A list of exhibits that counsel intends to offer into evidence; (H) Motions in limine not previously filed; (I) A list of all special damages being requested; (J) Counsel’s expectation of the trial time needed to present his/her side of the case; (K) The status of settlement negotiations, including specific demands and/or offers; (L) A complete set of balanced jury instructions (other than boilerplate) with authority, interrogatories, and verdict forms. The instructions must be presented in a format suitable for submission to the jury.

CRITICAL

Applies to

Witness disclosure

Each party must disclose the names of all relevant fact or expert witnesses it may call at trial by the date set in the case schedule.

26.01 Initial Joint Disclosure of All Witnesses. Each party must, not later than the date for disclosure designated in the case schedule, disclose the names of all persons with relevant factual or expert knowledge whom the party reserves the option to call as witnesses at trial.

CRITICAL

Applies to

Supplemental witness disclosure

Each party must disclose by the case-schedule date the names of newly relevant fact or expert witnesses it may call at trial.

26.02 Supplemental Joint Disclosure of All Witnesses. Each party must, no later than the date for disclosure in the case schedule, disclose the names of all persons, whose factual or expert knowledge did not appear relevant at the time of the initial disclosure, whom the party reserves the option to call as witnesses at trial.

CRITICAL

Applies to

Witness disclosure

Witness disclosures must include contact information for all witnesses, relevant knowledge for lay witnesses, and qualifications, opinions, and their basis or theory for experts.

26.03 Scope of Disclosure. Disclosure of witnesses under this rule must include the following information: (A) All Witnesses. Name, address, and business phone number (or home phone number, if no business number is available). (B) Lay Witnesses. A brief description of the witness's relevant knowledge. (C) Experts. A brief description of the expert's qualifications and summary of the expert's opinions and the basis or theory of that opinion.

CRITICAL

Applies to

Discovery motion

Motions for protective orders or to compel discovery must include a statement describing efforts to resolve the dispute.

Motions for protective orders or to compel discovery must be accompanied by a statement reciting efforts made to resolve the matter

CRITICAL

Applies to

Discovery motion

If a hearing is desired on a motion for a protective order or to compel discovery, the motion must request it in the caption.

Motions for protective orders or to compel discovery must be accompanied by a statement reciting efforts made to resolve the matter and must contain a request for a hearing in the caption, if a hearing is desired.

CRITICAL

Applies to

Default judgment motion

Where appropriate and not previously submitted, the motion must include proof of assignment and the original creditor’s last billing statement, or an affidavit explaining why those documents are unavailable.

The written motion must include where appropriate, if not previously submitted to the court, the following documents: proof of assignment from the original creditor or original party in interest to the plaintiff and the last billing statement from the original creditor sent to the defendant(s), or an affidavit explaining why the required documents are not available.

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment must submit an affidavit certifying that the opposing party is not incompetent, a minor, or on active military duty.

In seeking a default judgment against a party, the moving party must certify by affidavit that the party against whom judgment is sought is not incompetent, a minor, or currently serving on active duty in the military.

CRITICAL

Applies to

Summary judgment motion or response

Civ.R. 56(C) affidavits, depositions, and other evidentiary materials must be filed with the motion or response they support.

All affidavits, depositions, and other evidentiary material permitted by Civ. R. 56(C) in support of or in opposition to the motion for summary judgment must be filed with the motion or response that those materials support.

CRITICAL

Applies to

Exhibits

Counsel or unrepresented parties must exchange all exhibits by the time designated in the trial or pretrial order or, if no time is specified, at least 14 days before trial.

All exhibits shall be exchanged by counsel or unrepresented parties.

CRITICAL

Applies to

Stipulations

Stipulations must be written, approved by the parties and counsel, and filed with the clerk, except for stipulations necessarily arising during trial.

All stipulations, except those necessarily arising in the course of the trial, must be in writing, approved by the parties and counsel, and filed with the clerk.

CRITICAL

Applies to

Deposition objections

When objections are made during stenographic or audiovisual depositions to be offered at trial, the offering party must request a ruling on each objection so the deposition can be timely edited before trial.

If there are objections interposed during stenographic or audio-visual depositions to be offered at trial, the party offering the deposition shall request a ruling upon each objection to allow its timely editing reflecting the rulings prior to trial.

CRITICAL

Applies to

Deposition objections

Any counsel objections to depositions offered at trial must be indexed and their grounds clearly stated.

Counsel’s objections, if any, shall be indexed, and the grounds for the objections shall be set forth clearly.

CRITICAL

Applies to

Trial brief

Counsel shall file and serve upon opposing counsel a trial brief. The trial brief should contain at least the following material: (1) A succinct statement of the kind of action; (2) A clear statement of the issues involved; (3) A summary of the factual situation in regard to each claim or defense; (4) An itemized list of the claimed special damages; (5) A statement of the principles of law involved in the case supported by the citation of appropriate legal authority;

Counsel shall file and serve upon opposing counsel a trial brief. The trial brief should contain at least the following material: (1) A succinct statement of the kind of action; (2) A clear statement of the issues involved; (3) A summary of the factual situation in regard to each claim or defense; (4) An itemized list of the claimed special damages; (5) A statement of the principles of law involved in the case supported by the citation of appropriate legal authority;

CRITICAL

Applies to

Proposed jury instructions

Counsel must file and serve proposed jury instructions on opposing counsel; they must include the specified Ohio Jury Instructions text when applicable and any special instruction text, each supported by appropriate legal authority.

Counsel shall file and serve upon opposing counsel proposed jury instructions, which contain at least the following material: (1) If applicable, the specific section(s) of Ohio Jury Instructions upon which the party requests the court to instruct, the complete text of the section(s) together with appropriate legal authority to support the instruction; (2) The complete text of any special jury instruction, together with appropriate legal authority to support the instruction.

CRITICAL

Applies to

Proposed verdict forms

Counsel must file and serve proposed verdict forms and, when applicable, proposed jury interrogatories on opposing counsel.

Counsel shall file and serve upon opposing counsel proposed verdict forms, and, if applicable, proposed jury interrogatories.

CRITICAL

Applies to

Pre recorded deposition

A written transcript must accompany any pre-recorded deposition filed with the clerk of courts.

Any pre-recorded deposition filed with the clerk of courts shall be accompanied by a written transcript.

CRITICAL

Applies to

Jury instructions

Parties must provide proposed written jury instructions by email at least 72 hours before trial.

(B) Parties shall provide proposed written jury instructions, via email, no later than (72) hours before trial.

CRITICAL

Applies to

Exhibits

Parties or counsel must pre-mark all exhibits, using numbers for Plaintiff's exhibits and letters for Defendant's exhibits.

34.04 All exhibits shall be pre-marked by the parties or counsel; Plaintiff's exhibits will be marked numerically and Defendant's exhibits will be marked alphabetically.

CRITICAL

Must include

proposed order

After judgment and appeal, or expiration of the appeal period without an appeal, counsel must file a motion for release of exhibits and provide a proposed entry to the judge.

After judgment and appeal, or after appeal time has expired without appeal, counsel shall file a motion for the release of exhibits and provide a proposed entry to the judge.

CRITICAL

Applies to

Petition

A CQE petitioner must file the petition with the clerk and, if submitting through the DRC, provide the DRC Electronic Number and attach a printed receipt of the electronic petition.

35.02 In order to request a CQE, the Petition for Certificate of Qualification for Employment (RC 2953.25) must be filed with the clerk of courts by the Petitioner. The Petitioner must provide the DRC Electronic Number and attach a printed receipt of electronic Petition if submitted through the DRC.

CRITICAL

Applies to

Petition

Petitions submitted through the DRC must include electronic access to the Department of Rehabilitation and Correction CQE Summary.

35.03 All Petitions submitted through the DRC must include electronic access to the Department of Rehabilitation and Correction CQE Summary.

CRITICAL

Applies to

Receiver candidate submission

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

Any party may suggest candidates, but must be prepared to document their experience and expertise relative to the matter at hand

CRITICAL

Applies to

Receiver candidate submission

A party suggesting a receiver candidate must certify that the candidate is disinterested.

Any party may suggest candidates, but must be prepared to document their experience and expertise relative to the matter at hand, and certify that they are disinterested persons.

CRITICAL

Applies to

Motion for appointment of receiver

Parties seeking appointment of a receiver must advise the court of the proposed compensation arrangement, approximate value of the property or business, and expected scope of work.

Parties seeking appointment must fully advise the court of the entire fee arrangement proposed to compensate the receiver, including all expense reimbursements and any commission contemplated for leasing or selling property. In addition, the court must be advised of the approximate value of the business or property likely to be managed in the receivership (if granted), and of the scope of work likely to be required of the receiver.

CRITICAL

Applies to

Receivership motion or procedural request

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

Motions for a receivership, fee applications, hearing requests, or other procedural matters relative to a receivership must be submitted in writing, with an approval entry tendered to chambers.

CRITICAL

Applies to

Receiver acceptance

Upon accepting appointment, a receiver must acknowledge in writing in the record six specified duties and restrictions.

Upon accepting appointment, each receiver must affirmatively acknowledge in writing in the record that he or she will: (1) act in conformity with Ohio law and these local rules; (2) deposit all funds coming into the receiver’s hands into a separate trust account for the estate, with full contemporaneous record-keeping for all funds; (3) avoid any conflict of interest; (4) not directly or indirectly pay or accept anything of value that has not been fully and timely disclosed and formally approved by the court; (5) not directly or indirectly purchase, acquire, or accept any interest in property managed, appraised, or sold through the receivership; and (6) otherwise act in the best interests of the estate.

CRITICAL

Applies to

Receivership plan

The court must receive a written receivership plan at the outset or as soon as information is reasonably available; the plan must be updated as warranted or through periodic reports and identify the debtor’s business and circumstances leading to the receivership.

(A) At the outset of the receivership, or as soon thereafter as information becomes reasonably available, the court must be provided with a written plan for the receivership. The plan must, thereafter, be updated as significant developments warrant, or as part of ongoing periodic reporting to the court. (B) The initial receivership plan must identify: (1) the nature of the debtor's business, and a concise statement of the circumstances leading to the receivership;

CRITICAL

Applies to

Professional retention agreement

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

(B) The retention agreement between a receiver and every professional must be in writing.

CRITICAL

Applies to

Application to retain professional

(C) Applications for authority to retain professionals to assist a receiver should summarize the experience, current professional licensure, and other qualifications for every person sought to be retained. The application must affirmatively verify that: (1) all necessary licenses are in good standing and not under suspension; (2) appropriate conflict checks have been made by the professional; (3) as to lawyers, professional liability insurance in an amount equal to the minimum coverage required by the Rule 1.4 of Ohio Rules of Professional Conduct is in force; and (4) the contract retaining the professional will affirmatively state that the professional will avoid any conflict of interest in connection with work on the receivership; that gross proceeds of any sale or other transaction conducted by them will 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.

(C) Applications for authority to retain professionals to assist a receiver should summarize the experience, current professional licensure, and other qualifications for every person sought to be retained. The application must affirmatively verify that: (1) all necessary licenses are in good standing and not under suspension; (2) appropriate conflict checks have been made by the professional; (3) as to lawyers, professional liability insurance in an amount equal to the minimum coverage required by the Rule 1.4 of Ohio Rules of Professional Conduct is in force; and (4) the contract retaining the professional will affirmatively state that the professional will avoid any conflict of interest in connection with work on the receivership; that gross proceeds of any sale or other transaction conducted by them will be immediately turned over to the receiver or placed in a separate trust account; and that they will not, under any circumstances, directly or indirectly purchase, acquire, or accept any interest in any property they manage, appraise, or sell through the receivership.

CRITICAL

Applies to

Application to employ professional

Applications to employ professionals must disclose the professional’s customary and proposed compensation, specified prior fees, and details of any retainer or preparatory-work compensation.

(D) Applications to employ professionals must also set forth: (1) the professional’s usual and customary hourly rate or fee; (2) the proposed fee, hourly rate, or other alternative method or formula for determining compensation in the receivership; (3) whether any fees were paid to the professional during the one-year period preceding the filing of the application form, 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 (4) 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

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

(E) 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 fully and timely disclosed to the court for prior approval.

CRITICAL

Applies to

Fee application

Fee applications must be written and provide notice to appearing parties; the receiver or counsel should attach an updated plan and progress report and a billing summary with the listed information.

Fee applications must be made in writing, with notice to all parties that have appeared. The receiver or counsel for the receiver should attach to each fee application a brief, updated plan and progress report, together with a billing summary concisely reflecting: (1) the dates on which work was performed; (2) a description of work performed; (3) the name of each individual performing the work; and (4) the hourly rate(s) sought to be charged, or other method used to calculate proposed fee(s) and expenses.

CRITICAL

Applies to

Preliminary judicial report

The preliminary judicial report must include the specified parcel, address, tax identification, ownership, title-record, and lienholder information, with the stated exception for certain pre-lien recorded matters.

In every action demanding the judicial sale of residential real estate consisting of one to four single- family units, the party or parties seeking the such judicial sale must file, within 14 days after the filing of the pleadings requesting that relief, a preliminary judicial report, under R.C. 2329.191(B), including: (i) a legal description of each parcel of real estate to be sold at the judicial sale; (ii) the street address of the real estate or, if there is no street address, the name of the street or road upon which the real estate fronts together with the names of the streets or roads immediately to the north and south or east and west of the real estate; (iii) the county treasurer’s permanent parcel number or other tax identification number of the real estate; (iv) the name of the owners of record of the real estate to be sold; (v) a reference to the volume and page or instrument number of the recording by which the owners acquired title to the real estate; (vi) a description of the record title to the real estate; however, easements, restrictions, setback lines, declarations, conditions, covenants, reservations, and rights-of-way that were filed for record prior to the lien being foreclosed are not required to be included; and (vii) the name and address of each lienholder and the name and address of each lienholder’s attorney, if any, as shown on the recorded lien of the lienholder.

CRITICAL

Applies to

Final judicial report

Before submitting an order or judgment entry ordering sale of the covered residential real estate, the submitting party must file a final judicial report with the clerk updating title through the date of lis pendens.

Prior to submitting any order or judgment entry to the court that would order the sale of the residential real estate described in section (A), the party or parties submitting the order or judgment entry must file with the clerk of the court a final judicial report that updates the state of the title to that real estate from the effective date of the preliminary judicial report through the date of lis pendens.

CRITICAL

Applies to

Title insurance commitment

The permitted title-insurance commitment must use the department-approved form, be prepared and issued by a duly licensed agent for a licensed company, be effective within 14 days before the sale-request pleading is filed, and contain the information required for a preliminary judicial report.

In every action demanding the judicial sale of residential real estate consisting of more than four single-family units or of commercial real estate, the party seeking that judicial sale must file with the clerk of the court within 14 days after filing the pleadings requesting relief either a preliminary judicial report or a commitment for an owner’s fee policy of title insurance on the form approved by the department of insurance that is prepared and issued by a duly licensed title insurance agent on behalf of a licensed title insurance company. The commitment must have an effective date within 14 days prior to the filing of the complaint or other pleading requesting a judicial sale and must contain all of the information listed in section (A) for a preliminary judicial report.

CRITICAL

Applies to

Title insurance policy

The title insurance policy must state the successful bid amount, identify the purchaser as the proposed insured, and remain valid for at least 30 days after deed recordation.

sold, must include the amount of the successful bid at the judicial sale, must show the purchaser at the judicial sale as the proposed insured, and must not expire until 30 days after the recordation of the deed by the officer who makes the sale to that purchaser.

CRITICAL

Applies to

Invoice

The party requesting an order of sale must file the specified title-insurance invoice after the return and before confirmation, and the invoice amount is taxed as case costs.

After the officer’s return of the order of sale and prior to the confirmation of the sale, the party requesting the order of sale must file with the clerk of court an invoice for the cost of the title insurance policy, commitment cost related expenses, and cancellation fees, if any. The amount of the invoice will be taxed as costs in the case.

CRITICAL

Applies to

Distribution entry

The party requesting an order of sale must prepare a distribution entry listing assessed court costs, the specified title-insurance and cancellation costs verified on a Court Certificate of Release, and all other costs.

(E) The party or parties requesting the order of sale must prepare a distribution entry showing court costs assessed, which includes the invoice for the cost of the title insurance policy and cancellation fees, if any, verified by the clerk’s and recorder’s offices on a “Court Certificate of Release,” and all other costs.

CRITICAL

Applies to

Complaint

In the specified real-estate actions, except cases involving Torrens-registered premises, plaintiff’s counsel must obtain and file the County Engineer’s transfer-acceptability statement with the complaint.

In actions for the marshaling and foreclosure of liens, any other judicial sale of real estate, or any action involving title to real estate, except in cases where the premises involved are registered under the Torrens Law, the attorney for the plaintiff must secure from the Hocking County Engineer, and file simultaneously with the complaint, a statement reflecting the acceptability, or lack thereof, of the description of the real estate, for transfer purposes.

CRITICAL

Applies to

Order for sale

If the description is unacceptable when the complaint is filed, an acceptable replacement description and a new Engineer’s acceptability statement must be obtained before an order for sale may issue.

In the event that the description of the real estate is not acceptable for transfer at the time of the filing of the complaint, and as so reflected upon the Hocking County Engineer’s Statement, a new description acceptable for transfer purposes must be secured during the pendency of the case and prior to the issuance of an order for sale. The new description must be submitted to the Hocking County Engineer for a determination of acceptability of transfer and a statement pertaining thereto must be secured from the Hocking County Engineer, and the same will not issue unless the description of the real estate is acceptable for transfer by the Hocking County Engineer.

CRITICAL

Applies to

Filing seeking judgment

A party seeking judgment in a lien-marshaling or foreclosure action must file the note and evidence that the plaintiff holds it, including an assignment if the note does not show the plaintiff as holder.

In actions for the marshalling and foreclosure upon liens, any party seeking judgment must file the following documentation: (A) A copy of the note and evidence that the plaintiff is the holder in due course of the note. If the note does not reflect that the plaintiff is the holder, an assignment of the note must be filed, proving that the plaintiff is the holder of the note.

CRITICAL

Applies to

Filing seeking judgment

A party seeking judgment in a lien-marshaling or foreclosure action must file the mortgage and evidence that the plaintiff is the mortgagee, including an assignment if needed to establish that status.

(B) A copy of the mortgage and evidence that the plaintiff is the mortgagee of the mortgage. If the mortgage does not reflect that the plaintiff is the mortgagee, an assignment of the mortgage must be filed, proving that the plaintiff is the mortgagee.

CRITICAL

Applies to

Written objection

A party opposing a mediation referral or appointed mediator must file a written objection explaining the reasons for opposition.

A party opposed to either the referral or the appointed mediator must file a written objection with the court within seven days of receiving notice of the referral or the mediator and explain the reasons for any opposition.

CRITICAL

Applies to

Subpoena

Subpoenas must comply with Civ.R. 45(A) and (B), and each subpoena must include the text of Civ.R. 45(C) and (D).

The form of subpoena must be in accordance with Civ.R. 45(A) and service of the subpoena must be in accordance with Civ.R. 45(B). The issuers of the subpoena must comply with Civ.R. 45(C) and be responsible for attaching to each subpoena the text of Civ.R. 45(C) and (D).

CRITICAL

Applies to

Withdrawal motion

Must include

proposed order, certificate of service

A motion to withdraw as counsel must state the reasons, certify service on the client, and be presented with a proposed entry to the trial judge.

In order to withdraw as counsel of record, counsel must present a motion setting forth the reasons for requesting withdrawal and certifying that a copy was served on the client. The motion and proposed entry shall be presented to the trial judge.

CRITICAL

Applies to

Oral hearing request

An oral hearing will be held only if requested in writing and granted by the judge.

No oral hearing shall be held unless requested in writing and granted by the judge.

CRITICAL

Applies to

Release or reduction application

After judgment, a surety or penalty may be released or reduced only upon filing a written, verified application detailing the reasons for relief.

After judgment is entered against the defendant and surety, no surety shall be released nor shall any penalty be released or remitted, except upon the filing of a written verified application, setting forth in detail the reasons why a release or reduction should be granted.

CRITICAL

Applies to

Nolle prosequi motion

A motion to enter a nolle prosequi must state sufficient grounds for the requested relief.

a motion shall be filed, setting forth sufficient grounds for the requested relief

CRITICAL

Applies to

Nolle prosequi motion

Must include

proposed order

A proposed judgment entry with opposing counsel’s signature must be submitted with the nolle prosequi motion.

and a proposed judgment entry submitted with opposing counsel’s signature

CRITICAL

Applies to

Motion

Must include

proposed order

Attorneys seeking fees above the listed amounts must submit a motion and proposed order for extraordinary fees to the Judge.

Attorneys seeking fees in excess of the amounts listed above are required to submit a motion and proposed order for extraordinary fees with the Judge.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

A trial-continuance motion presented to the judge’s office must include a proposed judgment entry stating language that grants or denies the continuance.

A copy of the motion shall be presented to the judge’s office with a proposed judgment entry containing language granting or denying the continuance.

CRITICAL

Applies to

Continuance order

An order granting a trial continuance must state the date to which trial is continued.

Any order granting a continuance shall contain the date to which trial is continued.

CRITICAL

Applies to

Negotiations

The complete text of criminal plea negotiations must be written and signed and dated by the Assistant Prosecuting Attorney in charge of the case, defense counsel, and the Defendant.

54.01 For the purpose of adhering to the provisions of Rule 11(F) of the Ohio Rules of Criminal Procedure, a complete text of negotiations shall be: (1) reduced to writing; and (2) signed and dated by the Assistant Prosecuting Attorney in charge of the case, counsel for the Defendant, and the Defendant.

CRITICAL

Applies to

Asset disclosure form

A defendant found guilty of a criminal offense must disclose all assets on the court-provided form before sentencing, as part of the Pre-sentence Investigation Report.

57.01 Any Defendant found guilty of a criminal offense in this court shall, on a form provided by this court, disclose assets of every kind for the purpose of assisting the trial judge, the Adult Probation Department, and the Sheriff, in the collection of the fine and cost in that case. The form shall be completed prior to sentencing, as part of the Pre-sentence Investigation Report.

CRITICAL

Applies to

Complaint

A party filing a divorce, annulment, or legal-separation complaint must also file the specified affidavits.

When a complaint is filed, a party shall also file an Affidavit of Basic Information, Income, and Expenses; an Affidavit of Property and Debt; and this Court’s Party Supplemental Information Affidavit.

CRITICAL

Applies to

Complaint

If a divorce, annulment, or legal-separation complaint involves minor children, the party must also file the specified parenting and health-insurance affidavits.

If there are minor children, the party shall also file a Parenting Proceeding Affidavit; a Health Insurance Affidavit; and this Court’s Parenting Supplemental Information Affidavit.

CRITICAL

Applies to

Parentage complaint

A party filing a parentage complaint must also file all affidavits specified in the rule.

When a parentage complaint is filed, a party shall also file an Affidavit of Basic Information, Income, and Expenses, this Court’s Party Supplemental Information Affidavit; a Parenting Proceeding Affidavit; a Health Insurance Affidavit; and this Court’s Parenting Supplemental Information Affidavit.

CRITICAL

Applies to

Answer or counterclaim

A party filing an answer or counterclaim in a divorce, annulment, or legal-separation case must also file the specified affidavits.

A party who files an answer and/or counterclaim shall also file an Affidavit of Basic Information, Income, and Expenses; an Affidavit of Property and Debt; and this Court’s Party Supplemental Information Affidavit.

CRITICAL

Applies to

Answer or counterclaim

If the case involves minor children, the party must also file the specified parenting and health-insurance affidavits with an answer or counterclaim.

If there are minor children, the party shall also file a Parenting Proceeding Affidavit, a Health Insurance Affidavit, and this Court’s Parenting Supplemental Information Affidavit.

CRITICAL

Applies to

Answer or counterclaim

A party filing an answer or counterclaim to a parentage complaint must also file all affidavits specified in the rule.

A party who files an answer and/or counterclaim shall also file an Affidavit of Basic Information, Income, and Expenses; this Court’s Party Supplemental Information Affidavit, a Parenting Proceeding Affidavit; a Health Insurance Affidavit; and this Court’s Parenting Supplemental Information Affidavit.

CRITICAL

Applies to

Dissolution petition

When filing a dissolution petition, the parties must file the specified affidavits and a Waiver or Service.

When a petition for a dissolution is filed, the parties shall file an Affidavit of Basic Information, Income, and Expenses; an Affidavit of Property and Debt; this Court’s Party Supplemental Information Affidavit; and a Waiver or Service.

CRITICAL

Applies to

Dissolution petition

If a dissolution involves minor children, the parties must also file the specified affidavits and child-support-services application.

If there are minor children, the parties shall also file a Parenting Proceeding Affidavit; a Health Insurance Affidavit; this Court’s Parenting Supplemental Information Affidavit; and an Application for Child Support Services Non-Public Assistance

CRITICAL

Applies to

Petition for dissolution

A child support worksheet must be completed.

A child support worksheet shall also be completed.

CRITICAL

Applies to

Petition for dissolution

Parties seeking a child-support deviation must file detailed, specific findings of fact and conclusions of law with the Petition for Dissolution.

If the parties are seeking a deviation from child support pursuant to R.C. 3119.22, the parties shall provide the Court with findings of fact and conclusions of law setting forth the factors considered for deviation as provided in R.C. 3119.23. The findings of fact and conclusions of law shall be detailed and specific and filed at the time of the Petition for Dissolution.

CRITICAL

Applies to

Motion for leave to plead

Leave to plead may be obtained only by written motion and court order under Civ.R. 6.

(A) Leave to plead may be obtained only by written motion to the Court and order pursuant to Civ.R. 6.

CRITICAL

Applies to

Post decree motion

Post-decree motions involving parental rights and responsibilities must include the five specified affidavits, filed and served with the motion.

(A) Post-decree motions which involve parental rights and responsibilities shall be accompanied by an Affidavit of Basic Information, Income, and Expenses; this Court’s Party Supplemental Information Affidavit; a Parenting Proceeding Affidavit; a Health Insurance Affidavit; and this Court’s Parenting Supplemental Information Affidavit, which shall be filed and served on the opposing party with the motion.

CRITICAL

Applies to

Post decree child support motion

A post-decree motion to modify or terminate child support must include four specified affidavits, filed and served with the motion.

(B) Post-decree motions to modify or to terminate child support shall be accompanied by an Affidavit of Basic Information, Income, and Expenses; this Court’s Party Supplemental Information Affidavit; a Health Insurance Affidavit; and this Court’s Parenting Supplemental Information Affidavit, which shall be filed and served on the opposing party with the motion.

CRITICAL

Applies to

Response to post decree child support motion

For a post-decree child-support motion, the responding party must file and serve four specified affidavits on the moving party before the hearing; the CSEA is exempt.

The responding party shall file and serve an Affidavit of Basic Information, Income, and Expenses; this Court’s Party Supplemental Information Affidavit, a Health Insurance Affidavit; and this Court’s Parenting Supplemental Information Affidavit on the moving party prior to the scheduled hearing. The CSEA shall be exempt from this requirement.

CRITICAL

Applies to

Post decree spousal support motion

A post-decree motion to modify or terminate spousal support must include two specified affidavits, filed and served with the motion.

(C) Post-decree motions to modify or to terminate spousal support shall be accompanied by an Affidavit of Basic Information, Income, and Expenses and this Court’s Party Supplemental Information Affidavit, which shall be filed and served on the opposing party with the motion.

CRITICAL

Applies to

Response to post decree spousal support motion

For a post-decree spousal-support motion, the responding party must file and serve two specified affidavits on the moving party before the hearing; the CSEA is exempt.

The responding party shall file and serve an Affidavit of Basic Information, Income, and Expenses and this Court’s Party Supplemental Information Affidavit, on the moving party prior to the scheduled hearing. The CSEA shall be exempt from this requirement.

CRITICAL

Applies to

Motion

Must include

certificate of service

Every motion must include a request for service or certification that it was served on opposing counsel or the unrepresented party; when applicable, a copy must be mailed to interested parties, including guardians ad litem and the CSEA.

(A) All motions shall contain a request for service or a certification of service of the motion upon opposing counsel or the unrepresented party and, if applicable, a copy shall be mailed to all interested parties including, but not limited to, guardians ad litem, and the CSEA.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders and entries must be provided electronically to the assigned judge’s or magistrate’s administrative assistant by email or another court-approved method, and must not be filed with the Clerk of Courts; the CSEA is not exempt.

(C) All proposed orders and entries shall be provided electronically, via email or other method approved by the Court, to the administrative assistant of the judge or magistrate assigned to the case and shall not be filed with the Clerk or Courts. The CSEA is not exempt from this requirement.

CRITICAL

Applies to

Notice of intent to relocate

Except for the stated statutory exceptions, a residential parent intending to move must file a notice of intent to relocate and instructions for certified-mail service to the other party’s last known address.

(A) Except as provided in R.C. 3109.051(G)(2)-(4), if a residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the Court, that parent shall file with the Hocking County Clerk of Courts, Domestic Relations Division, the following documents: (1) A notice of intent to relocate, and (2) Instructions for service by certified mail to the other party at the last known address.

CRITICAL

Applies to

Emergency ex parte motion

Emergency ex parte motions may be filed only in an ongoing case or simultaneously with a new complaint or post-decree motion.

Emergency ex parte motions and orders are temporary in nature and may only be filed in an ongoing case or simultaneously with a new complaint or post-decree motion.

CRITICAL

Applies to

Emergency ex parte motion

The Court may issue an emergency ex parte property order on motion and affidavit when a party or third party is about to dispose of or encumber property to defeat specified property, support, or enforcement interests.

The Court may issue emergency ex parte orders when it appears to the Court, by motion and affidavit, that a party or a third party is about to dispose of or encumber property so as to defeat another party in obtaining an equitable division of marital property, a distributive award, spousal or other support, and/or to effectuate or enforce a prior court order.

CRITICAL

Applies to

Emergency ex parte motion

Must include

proposed order

A party may request emergency ex parte relief concerning children by submitting a motion, supporting affidavit, and proposed order when one of the listed circumstances applies.

A party may submit to the Court a motion, affidavit in support, and proposed order requesting ex parte relief with respect to children where: (a) A residential parent is about to move out of the jurisdiction and the request is that the parent be restrained from removing the child(ren) from the jurisdiction; (b) An order is needed to enroll a child in school. The order shall be limited to authorizing the party to enroll the child pending further hearing. (c) Where there is concern for the immediate health, safety and welfare of the child(ren).

CRITICAL

Applies to

Third party joinder motion

Must include

proposed order

A third party seeking joinder must file a motion stating the reasons for joinder and a proposed copy of the requested relief motion, and deliver a proposed joinder order to the Court.

A third party seeking to join the case shall file a motion setting forth the reasons for the joinder along with a proposed copy of the motion for relief requested. The third party shall also deliver a proposed order granting the joinder to the Court.

CRITICAL

Applies to

Third party motion for relief

A third party may file the motion for relief requested only after the judge signs the order granting joinder.

After the order granting the joinder has been signed by the judge, the third party shall file the motion for relief requested.

CRITICAL

Applies to

Petition for dissolution

The petition must be signed by both spouses and include an incorporated separation agreement with all referenced documents or exhibits attached when filed.

A petition for dissolution of marriage shall be signed by both spouses and shall have attached and incorporated a separation agreement agreed to by both spouses. Any document or exhibit referenced in the separation agreement shall be attached to the separation agreement at the time of filing, including legal descriptions of real estate, shared parenting plans, and child support worksheets.

CRITICAL

Applies to

Petition for dissolution

The parties must file the four listed affidavits and the Waiver of Service.

The parties shall also file an Affidavit of Basic Information, Income, and Expenses; an Affidavit of Property and Debt; this Court’s Party Supplemental Information Affidavit; and a Waiver of Service.

CRITICAL

Applies to

Case with minor children

In cases with minor children, the parties must file the listed affidavits and child-support-services application in addition to the Rule 7.01 documents.

In addition to the documents listed in Rule 7.01, the parties shall file a Parenting Proceeding Affidavit, a Health Insurance Affidavit, this Court’s Parenting Supplemental Information Affidavit, and an Application for Child Support Services Non-Public Assistance Applicant/Recipient (JFS 07076).

CRITICAL

Applies to

Affidavits

The parties must file amended affidavits as information changes or becomes available.

The parties are under a continuing duty to file amended affidavits as the information changes and/or becomes available.

CRITICAL

Applies to

Separation agreement or shared parenting plan

A child support worksheet must be attached to and incorporated in the separation agreement or shared parenting plan.

A child support worksheet shall be attached and incorporated in the separation agreement or shared parenting plan.

CRITICAL

Applies to

Child support deviation findings

Parties seeking a child-support deviation must file detailed, specific findings of fact and conclusions of law about the factors considered when they file the dissolution petition.

If the parties are seeking a deviation from child support pursuant to R.C. 3119.22, the parties shall provide the Court findings of fact and conclusions of law setting forth the factors considered for deviation as provided in R.C. 3119.23. The findings of fact and conclusions of law shall be detailed and specific and filed at the time of the Petition for Dissolution.

CRITICAL

Applies to

Decree of dissolution

The parties or their counsel must bring a Decree of Dissolution to the final hearing.

The parties or their counsel shall bring a Decree of Dissolution to the final hearing.

CRITICAL

Applies to

Motion to convert dissolution action to divorce action

A spouse converting a dissolution action to divorce must file a conversion motion accompanied by a compliant divorce complaint and must file as the plaintiff.

This shall be done by filing with the Court a motion to convert dissolution action to divorce action. The motion shall be accompanied by a complaint for divorce that contains grounds for a divorce and that otherwise complies with the Rules of Civil Procedure. The party wishing to convert the dissolution case to a divorce case shall file as the plaintiff.

CRITICAL

Applies to

Petition for dissolution

If neither petitioner resides in Hocking County, the parties must apply for leave of court when they file the petition for dissolution.

If neither petitioner is a resident of Hocking County, the parties shall apply for leave of the Court to consider their Petition for Dissolution simultaneously with filing their Petition for Dissolution.

CRITICAL

Applies to

Motion for temporary orders

Requests for temporary orders, except those under Civ.R. 75(I), must be made by proper motion with an affidavit and will be considered 14 days after service.

Any requests for temporary orders, other than those provided in Civ.R. 75(I), shall be made by proper motion with affidavit and will be considered 14 days after service of the Motion for Temporary Orders.

CRITICAL

Applies to

Application for child support services

When a child support or spousal support order is established, the obligee must file the specified child support services application.

Upon establishment of a child support or spousal support order, the obligee shall file an Application for Child Support Services Non-Public Assistance Applicant/Recipient (JFS 07076).

CRITICAL

Applies to

Pretrial statement

The pretrial statement must include the specified facts, disputed legal issues, exhibits and witnesses, expert testimony summary, financial affidavit, health insurance information, marital balance sheet, and proposed stipulations.

(C) The pretrial statement shall contain the following items: (1) A brief statement of the facts; (2) Legal issues which are in dispute; (3) A list of exhibits and witnesses; (4) A brief outline or summary opinion of the testimony of all experts (including appraisers) to be called; (5) A completed and updated Affidavit of Income, Expenses, and Property; (6) Health insurance information; (7) A marital balance sheet; and (8) Proposed stipulations.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must be filed with the Clerk of Courts and kept in the Family File.

The pretrial statement shall be filed with the Clerk of Courts and kept in the Family File.

CRITICAL

Applies to

Pretrial statement

When a final pretrial is scheduled, the parties must provide an updated pretrial statement.

If a final pretrial is scheduled, then seven days prior to the final pretrial, the parties shall provide the Court and all parties an updated pretrial statement.

CRITICAL

Applies to

Notice

A party submitting an expert report or summary must file a Notice with the Clerk of Courts indicating that it was served on the opposing party.

Any party submitting an expert report and/or summary shall file a Notice with the Clerk of Courts indicating service of the report and/or summary upon the opposing party.

CRITICAL

Applies to

Notice of service

At least seven days before trial or an evidentiary hearing, parties must file a Notice of Service of the exhibits with an attached exhibit list.

Not less than seven days prior to the trial or evidentiary hearing, the parties shall file with the Clerk of Courts a Notice of Service of the exhibits to the opposing party along with an exhibit list attached

CRITICAL

Applies to

Witness list

At least seven days before trial or an evidentiary hearing, parties must file and submit a witness list to the Clerk, the Court, and the opposing party, including each witness’s name and address.

Not less than seven days prior to the trial or evidentiary hearing, the parties shall file with the Clerk of Courts, and submit to the Court and the opposing party, a list of all witnesses who will testify at the trial or evidentiary hearing including each witness’s name and address.

CRITICAL

Applies to

Contempt motion

Contempt motions and orders to show cause must include an affidavit stating the specific supporting facts, except those filed by the CSEA.

All motions for contempt and/or orders “to show cause,” except those filed by the CSEA, shall be accompanied by an affidavit setting forth the specific facts forming the basis for the motion.

CRITICAL

Applies to

Csea support contempt charge

CSEA support contempt charges must identify the specific violated order and the arrearage amount as of a specified date.

Contempt charges filed by the CSEA relative to support shall contain a reference to the specific order that has been violated and the amount of arrearages outstanding on a date certain.

CRITICAL

Applies to

Order to show cause

A person filing a contempt motion must obtain an order directing the alleged contemnor to appear and show cause why they should not be held in contempt.

A person filing a contempt motion shall obtain an order directing an alleged contemnor to appear before the Court to show cause why he/she should not be held in contempt of court.

CRITICAL

Applies to

Contempt motion

Every contempt motion must be accompanied by a summons and the notices required by R.C. 2705.031(C).

All contempt motions must be accompanied by a summons and the notices required by R.C. 2705.031(C).

CRITICAL

Applies to

Contempt motion

Must include

proposed order

The moving party must present the assigned judge or magistrate with time-stamped copies of the motion, any applicable affidavit, and proposed order.

The moving party must present a time-stamped copy of the motion, affidavit (if applicable), and proposed order to the judge or magistrate assigned to the case.

CRITICAL

Applies to

Order to show cause

The order must preliminarily find that the affidavit’s alleged facts, if proved, would constitute contempt.

The order must make a preliminary finding that, if proved, the facts alleged by the affidavit would constitute contempt.

CRITICAL

Applies to

Child support modification motion

A child-support modification motion must include four specified affidavits.

(A) A motion to modify child support must be accompanied by a completed Affidavit of Basic Information, Income, and Expenses; this Court’s Party Supplemental Information Affidavit; a Health Insurance Affidavit; and this Court’s Parenting Supplemental Information Affidavit.

CRITICAL

Applies to

Child support modification hearing evidence

At a child-support modification hearing, the parties must present evidence or stipulations about income and adjustments, including the listed supporting records and any other evidence of income.

(B) At the hearing, the parties shall present evidence or stipulations of income, potential income, and adjustments to income to enable the Court to a make a proper child support calculation as provided by R.C. 3119.01, et seq. Evidence shall include current income pay statements, tax returns from the three most recent years, proof of income from social security, verification of work-related daycare expenses, documentation of out of pocket health insurance premiums or costs for the benefit of the child(ren), and any other evidence of income.

CRITICAL

Applies to

Spousal support modification motion

A spousal-support modification motion must include two specified affidavits.

(A) A motion to modify spousal support must be accompanied by a completed Affidavit of Information, Income, and Expenses and this Court’s Party Supplemental Information Affidavit.

CRITICAL

Applies to

Spousal support modification evidence

The moving party in a spousal-support modification matter must be prepared to present evidence or stipulations on jurisdiction, changed circumstances, statutory factors, income and tax records, and other relevant factors.

(B) The moving party shall be prepared to present evidence or stipulations with respect to the following matters: (1) Jurisdiction of the Court to modify spousal support; (2) A change of circumstance; (3) The relevant factors listed in R.C. 3105.18(C)(1)(a)-(n); (4) Current income, tax returns from the three most recent years, and other documents as required; and (5) Any other relevant factors.

CRITICAL

Applies to

Parenting modification motion

A motion to modify parenting time or reallocate parental rights and responsibilities must be filed with three specified affidavits.

(A) Affidavits. When a motion for modification of parenting time and/or reallocation of parental rights and responsibilities is filed, the moving party shall also file an Affidavit of Basic Information, Income, and Expenses; a Parenting Proceeding Affidavit; and a Health Insurance Affidavit.

CRITICAL

Applies to

Agreed post decree modification motion

Parties agreeing to a post-decree modification must file a motion with all necessary affidavits.

Parties in agreement to modify a prior judgment entry, magistrate’s decision, or magistrate’s order shall file a motion along with all necessary affidavits

CRITICAL

Applies to

Agreed judgment entry

Parties agreeing to a post-decree modification must provide the Clerk of Courts an original Agreed Judgment Entry signed by the parties and, if represented, their attorneys.

Parties in agreement to modify a prior judgment entry, magistrate’s decision, or magistrate’s order shall file a motion along with all necessary affidavits and shall provide the Clerk of Courts with an original Agreed Judgment Entry containing the signatures of the parties and, if represented, their attorney(s).

CRITICAL

Applies to

Petition for domestic violence civil protection order

The CPO petition must allege and describe domestic violence, state the respondent’s relationship to the petitioner, and request relief.

(1) Petition for Domestic Violence Civil Protection Order (Ohio Supreme Court Form 10.01-D). The petition shall include: (a) An allegation that there has been domestic violence against a family or household member, including a description of the alleged violence; (b) The relationship of the respondent to the petitioner; and (c) A request for relief.

CRITICAL

Applies to

Parenting proceeding affidavit

A Parenting Proceeding Affidavit must be filed if the petitioner and respondent have children together.

(2) Parenting Proceeding Affidavit (if the Petitioner and Respondent have children together).

CRITICAL

Applies to

Support request documents

The listed financial, health insurance, and child support documents must be filed if the petitioner requests support from the respondent.

(3) Affidavit of Basic Information, Income, and Expenses; Health Insurance Affidavit; and Application for Child Support Services Non-Public Assistance Applicant/Recipient (JFS 07076) (if the Petitioner is requesting support from the Respondent).

CRITICAL

Applies to

Cpo filing paperwork

A request for service is required among the paperwork for filing a CPO.

(4) Request for service.

CRITICAL

Applies to

Full hearing cpo

A completed Protection Order Notice to NCIC (Form 10A) must be filed with the Full Hearing CPO.

(C) A completed Protection Order Notice to NCIC (Form 10A) shall be filed with the Full Hearing CPO.

CRITICAL

Applies to

Consent agreement

A completed Protection Order Notice to NCIC (Form 10-A) must be filed with the Consent Agreement.

A completed Protection Order Notice to NCIC (Form 10-A) shall be filed with the Consent Agreement.

CRITICAL

Applies to

Court order

A completed Protection Order Notice to NCIC (Form 10-A) must be filed with an order modifying, extending, or terminating a CPO.

A completed Protection Order Notice to NCIC (Form 10-A) shall be filed with the order granting the modification, extension, or termination.

CRITICAL

Applies to

Complaint

A parentage complaint must state whether a parent-child relationship has been established and, if so, include the order or acknowledgment of paternity.

The person filing the complaint shall allege whether a parent-child relationship has been established. If a parent-child relationship has been established, a copy of the order or acknowledgment of paternity shall be attached to the complaint.

CRITICAL

Applies to

Complaint

When parenting orders are requested, the moving party must file the three specified affidavits with the complaint.

If parenting orders are requested, the moving party shall file this Court’s Party Supplemental Information Affidavit, a Parenting Proceeding Affidavit, and this Court’s Parenting Supplemental Information Affidavit with the complaint.

CRITICAL

Applies to

Affidavit

When child support is at issue, each party must submit the four specified affidavits.

If child support is an issue, each party shall submit an Affidavit of Basic Information, Income, and Expenses; this Court’s Party Supplemental Information Affidavit; a Health Insurance Affidavit; and this Court’s Parenting Supplemental Information Affidavit.

CRITICAL

Applies to

Complaint

The specified child-support-services application must be filed with every new parentage complaint if genetic testing is requested or when child support is ordered.

An Application for Child Support Services Non-Public Assistance Applicant/Recipient (JFS 07076) shall be filed with all new parentage complaints if genetic testing is requested or when child support is ordered.

CRITICAL

Applies to

Complaint

A nonparent’s custody or visitation complaint must use the specified caption and comply with the other rules.

The Complaint for Custody or Visitation shall be captioned Nonparent, Plaintiff v. Parent A and Parent B, Defendants, and shall comply with all other aspects of these rules.

CRITICAL

Applies to

Temporary order motion

Except for requests provided in Civ.R. 75(I), a request for temporary orders must be made by proper motion with an affidavit.

Any requests for temporary orders, other than those provided in Civ.R. 75(I), shall be made by proper motion with affidavit

CRITICAL

Applies to

Determination of paternity form

If the Court determines paternity, the parties must provide information for the HEA 3029 form, submit two originals to the Clerk, and the Clerk must maintain one outside the public record and send a certified original to the Central Paternity Registry.

(3) If the Court determines paternity of a child, then the parties shall cooperate to provide information to the Court for completion of the HEA 3029, Determination of Paternity form, as required by the State of Ohio, to provide a new birth record for the child. Two originals shall be submitted to the Clerk of Court’s. Once provided, one original shall be maintained by the Clerk of Courts in the Family File, and not part of the public record. A certified original shall be sent by the Clerk of Courts to the Central Paternity Registry.

CRITICAL

Applies to

Support order

Every child or spousal support order must include the mandatory provisions specified in R.C. 3121.27 to 3121.29.

Every child or spousal support order shall include the mandatory provisions set forth in R.C. 3121.27 to 3121.29.

CRITICAL

Applies to

Initial child support order

The caption of every initial child support order or judgment entry containing a child support order must state the SETS number and each party’s address.

The caption of every initial order for child support, or other judgment entry that includes an order for child support, shall state the SETS number and each party’s address.

CRITICAL

Applies to

Subsequent child support order

A subsequent child support order must include a party’s address if that party’s residence address has changed.

Subsequent orders shall include the party’s address if there has been a change in the residence address.

CRITICAL

Applies to

Child support order

Every child support order must contain a child support worksheet.

Child support orders shall contain a child support worksheet.

CRITICAL

Applies to

Child support deviation request

Parties seeking a child support deviation must provide detailed and specific findings of fact and conclusions of law stating the factors considered under R.C. 3119.23.

If the parties are seeking deviation from child support pursuant to R.C. 3119.22, the parties shall provide the Court findings of fact and conclusions of law setting forth the factors considered for deviation as provided in R.C. 3119.23. The findings of fact and conclusions of law shall be detailed and specific.

CRITICAL

Applies to

Child support order

Every child support order must include the health insurance provisions required by R.C. 3119.30 and 3119.32.

Every child support order shall include the health insurance provisions as required by R.C. 3119.30 and 3119.32.

CRITICAL

Applies to

Motion

Motions for relief from judgment, except those based on clerical mistakes, must comply with Civ.R. 60(B) and Civ.R. 7(B).

All motions for relief from judgment, other than those based upon clerical mistakes, shall comply with Civ.R. 60(B) and Civ.R. 7(B).

CRITICAL

Applies to

Motion

A motion for relief from judgment must include a copy of the judgment at issue.

A copy of the judgment from which relief is sought shall be attached to the motion.

CRITICAL

Applies to

Motion

Supporting materials for the motion must demonstrate its timeliness, the reasons for seeking relief, and a material defense or claim.

The motion shall be supported by materials that demonstrate: (1) The timeliness of the motion; (2) The reasons for seeking relief; and (3) A material defense or claim.

CRITICAL

Applies to

Motion

The moving party must file a memorandum of fact and law.

The moving party shall file a memorandum of fact and law

CRITICAL

Applies to

Motion

Motions for relief from judgment based on clerical mistake must be filed in accordance with Civil Rule 60(A).

Motions for relief from judgment based upon clerical mistake shall be filed in accordance with Civil Rule 60(A).

CRITICAL

Applies to

Facsimile filing

Fax filings must comply with Ohio Civil Rules 10 and 11 and include a cover page with the listed attorney and transmission details.

(6) All facsimile transmissions tendered to the clerk for filing under this rule must conform to the requirements of Rules 10 and 11 of the Ohio Rules of Civil Procedure and must include a cover page that includes the following information: Name of attorney; Address of attorney; Ohio Supreme Court registration number of attorney; Telephone number of attorney; Facsimile number of attorney; Email address of attorney; Date and time of facsimile; Number of pages of facsimile transmission.

CRITICAL

Applies to

Document requiring service

Must include

certificate of service

Filing parties must provide proof of service and include a signed certificate of service using substantially the specified language.

(v) Proof of Service. Proof of service of all documents required to be served must be provided by the filing party in compliance with Civil Rule 5(B)(4) and Criminal Rule 49. A separate Certificate of Service will be automatically generated and filed by the e-Filing system detailing which parties have and have not been electronically served by the e-Filing system. All filing parties must also include on their documents a certificate of service signed in accordance with applicable Ohio court rules and laws, including these Local Rules. The certificate of service must contain substantially the following language: “I hereby certify that on [date], [document title] was served through the Court’s Electronic Filing Service or by ordinary U.S. mail.”

CRITICAL

Applies to

Motion

Must include

legal argument

Where appropriate, a motion must include a supporting memorandum stating specific grounds and citing controlling authorities.

7.04 All motions, where appropriate, must be accompanied by a memorandum in support of the motion, setting forth the specific grounds for the relief sought, along with citations to controlling authorities relied upon in requesting the relief.

CRITICAL

Applies to

Motion

Must include

proposed order

Unless the trial judge orders otherwise, every motion must be accompanied by an entry.

7.05 Except as otherwise ordered by the trial judge, all motions must be accompanied by an entry.

CRITICAL

Applies to

Pretrial statement

Must include

legal argument, statement of facts

A pretrial brief or statement must be filed as directed by the scheduling entry or court order and include the rule’s specified contents; the requirement does not apply in criminal cases.

The pretrial brief or statement must be filed in accordance with the court’s scheduling entry or upon order of the court. This Rule does not apply in criminal cases. The pretrial statement must include the following:

CRITICAL

Applies to

Discovery motion

Protective-order and discovery-compel motions must describe efforts to resolve the dispute and, if a hearing is desired, request it in the caption.

Motions for protective orders or to compel discovery must be accompanied by a statement reciting efforts made to resolve the matter and must contain a request for a hearing in the caption, if a hearing is desired.

CRITICAL

Applies to

Trial brief

Must include

legal argument, statement of facts

(D) Counsel shall file and serve upon opposing counsel a trial brief. The trial brief should contain at least the following material:

(D) Counsel shall file and serve upon opposing counsel a trial brief. The trial brief should contain at least the following material:

CRITICAL

Applies to

Motion

Must include

certificate of service

Every domestic-relations motion must request service or certify service on opposing counsel or an unrepresented party, and, where applicable, be mailed to interested parties including guardians ad litem and CSEA.

(A) All motions shall contain a request for service or a certification of service of the motion upon opposing counsel or the unrepresented party and, if applicable, a copy shall be mailed to all interested parties including, but not limited to, guardians ad litem, and the CSEA.

CRITICAL

Applies to

Motion to modify child support

Must include

statement of facts

A motion to modify child support must include the four specified affidavits.

(A) A motion to modify child support must be accompanied by a completed Affidavit of Basic Information, Income, and Expenses; this Court’s Party Supplemental Information Affidavit; a Health Insurance Affidavit; and this Court’s Parenting Supplemental Information Affidavit.

CRITICAL

Applies to

Motion to modify spousal support

A motion to modify spousal support must include the specified income-and-expense and party supplemental affidavits.

(A) A motion to modify spousal support must be accompanied by a completed Affidavit of Information, Income, and Expenses and this Court’s Party Supplemental Information Affidavit.

CRITICAL

Applies to

Motion to modify parenting time

A motion to modify parenting time or reallocate parental rights must be filed with the three specified affidavits.

(A) Affidavits. When a motion for modification of parenting time and/or reallocation of parental rights and responsibilities is filed, the moving party shall also file an Affidavit of Basic Information, Income, and Expenses; a Parenting Proceeding Affidavit; and a Health Insurance Affidavit.

WARNING

Applies to

Electronically submitted document

An electronically submitted document is considered signed if it includes an electronic signature in one of the two specified forms.

An electronically submitted document issued or received by the clerk is considered signed if an electronic signature is included on the document. An electronic signature must include at least one of the following: (i) “/s/” and the name typed in the space where the signature would otherwise appear; or (ii) an electronic image or scanned image of the signature.

WARNING

Applies to

Filing by moving party

When appropriate, the moving party must submit a Judgment Entry separately.

Where appropriate, the moving party must submit separately a Judgment Entry.

WARNING

Applies to

Consent to plead

The agreement of counsel should be evidenced by a "Consent to Plead” that has been signed by all parties to the action.

The agreement of counsel should be evidenced by a "Consent to Plead” that has been signed by all parties to the action.

WARNING

Applies to

Pleading

Noncompliance with these rules or the applicable procedural rules for properly filing pleadings may result in rejection by the clerk or the pleading being stricken by the court.

Failure of any attorney or pro se litigant to comply with these rules or the Civil or Criminal Rules of Procedure regarding the proper filing of pleadings may result in the pleading being rejected by the clerk or being stricken by the court.

WARNING

Applies to

Pro hac vice motion

An attorney licensed elsewhere may represent a party in a pending or future Hocking County action only if the trial judge permits it and the stated conditions are met.

An attorney not licensed to practice law in the State of Ohio, but who is licensed to practice law in any other state or in the District of Columbia, may, at the discretion of the trial judge, be permitted to represent a party or parties in any pending action or in any action to be filed in Hocking County, provided that the out-of-state attorney has done all of the following:

WARNING

Applies to

Proposed entry

If the trial judge requests it, prevailing counsel should submit a proposed entry reviewed by all counsel.

If requested by the trial judge, counsel for the party in whose favor a decision, order, decree, or judgment is rendered, should submit to the trial judge a proposed entry that has been reviewed by all counsel.

WARNING

Applies to

Proposed entry

If counsel does not present an entry within the prescribed time, the trial judge may prepare and file it and may impose sanctions.

If counsel fails to present any entry within the time prescribed after the decision, order, decree, or judgment is rendered, the trial judge may prepare and file the entry. The judge may impose sanctions for failure to comply with this rule.

WARNING

Applies to

Default judgment motion

The written motion for default judgment should include an affidavit for damages if the complaint is not otherwise verified.

The written motion should include an affidavit for damages if the complaint is not otherwise verified.

WARNING

Applies to

Exhibits

Parties must test all electronic exhibits in the court before the day of trial.

Parties shall be responsible for testing all electronic exhibits in the court before the day of trial.

WARNING

Applies to

Receiver plan and report

Must include

proposed order

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

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

WARNING

Applies to

Receiver plan and report

After filing the first plan and report, the receiver must file updated plans and reports at least semi-annually, summarizing progress, proposed actions, and revised cost and completion estimates.

Each should include a summary of action taken to date measured against the previous plan for the receivership; should set forth proposed future action; and should update previous estimates of costs, expenses, and the timetable needed to complete the receivership.

WARNING

Applies to

Fee or expense approval request

Must include

proposed order

A proposed order approving the request should be submitted to the court.

A proposed order approving the request should be submitted to the court.

WARNING

Applies to

Fee approval request

Must include

proposed order

A proposed order approving any fees should be submitted to the court.

A proposed order approving any fees should be submitted to the court.

WARNING

Applies to

Final fee application

When the final fee application is submitted, the receiver should include a final report covering the listed financial, creditor, distribution, administrative expense, and objection information.

When the final fee application is submitted, it should be accompanied by a receiver’s final report that includes all of the following information: (A) (1) the total amount of money collected during the receivership, (2) the total funds collected since the last interim fee award to the receiver (if any), and (3) the source(s) of funds; (B) total funds previously disbursed to creditors; (C) the amount of money or any property remaining on hand; (D) the status of all known secured and unsecured creditors’ claims; (E) the approximate number and admitted balances due creditors but remaining unpaid; (F) the approximate number and total of creditors’ claims that remain open or unresolved;

WARNING

Applies to

Time records

Appointed counsel must maintain itemized time records showing dates, services, and hours, and provide them to the court upon request.

51.02 Counsel must maintain itemized time records for each appointed case showing the dates of service, nature of services rendered, and hours worked. Counsel’s itemized time records must be provided to the court upon request.

WARNING

Applies to

Amended affidavits

A party filing a divorce, annulment, or legal-separation complaint must file amended affidavits as updated information changes or becomes available.

The party is under a continuing duty to file amended affidavits with updated information as it changes and/or becomes available.

WARNING

Applies to

Exhibit binder

Each exhibit binder must have a typed cover page with the case caption, trial or hearing date, and identification of the party whose exhibits it contains.

Each binder shall have a typed cover page containing the case caption, the date of the trial or evidentiary hearing, and identify whether it contains the exhibits of plaintiff or defendant.

WARNING

Applies to

Brief

The Court may require the parties to file a brief addressing proposed findings of fact, conclusions of law, or both.

The Court may require the parties to file a brief on proposed findings of fact and/or conclusions of law.

WARNING

Applies to

Contempt notice

If a contempt action alleges failure to comply with or interference with parenting, companionship, or visitation rights, the notice should include the potential penalties or remedies in R.C. 3109.051(K).

If the contempt action includes an allegation of failure to comply with or interference with parenting, companionship, or visitation rights, then the notice should also include the potential penalties or remedies set forth in R.C. 3109.051(K).

WARNING

Applies to

Complaint

A parent or alleged parent may commence an action by filing a parent-child relationship complaint and appropriate motions for requested relief.

A parent or alleged parent may begin an action by filing a complaint for establishment of a parent-child relationship and appropriate motions for relief requested.

WARNING

Applies to

Motion

A motion seeking an oral hearing must request it in the caption and state its anticipated length; the court sets a hearing only if it determines one is necessary.

If an oral hearing on the motion is desired, the motion must contain a request for oral hearing, with the anticipated length of the hearing, in the caption. Motions will not be set for hearing unless the court determines that a hearing is necessary.

WARNING

Applies to

Proposed order

Must include

proposed order

18.01 If requested by the trial judge, counsel for the party in whose favor a decision, order, decree, or judgment is rendered, should submit to the trial judge a proposed entry that has been reviewed by all counsel. If counsel are unable to agree upon the entry, the entry should be submitted to the judge for review, but shall also note the lack of agreement on the same.

18.01 If requested by the trial judge, counsel for the party in whose favor a decision, order, decree, or judgment is rendered, should submit to the trial judge a proposed entry that has been reviewed by all counsel. If counsel are unable to agree upon the entry, the entry should be submitted to the judge for review, but shall also note the lack of agreement on the same.

INFO

Applies to

Memorandum

Unless otherwise ordered, counsel should not attach copies of any cases or statutes cited.

Unless otherwise ordered, counsel should not attach copies of any cases or statutes cited.

INFO

Applies to

Pleading or motion

The signer should be the attorney who will try the case.

The signer should be the attorney who is to try the case.

INFO

Applies to

Notice of appearance

A separate notice of appearance is not required.

No separate notice of appearance is required.

INFO

Applies to

Allocation of parental rights and responsibilities

The parties may address parental-rights allocation in the separation agreement or a parenting plan, including an attached and incorporated shared parenting plan if they agree to shared parenting.

The parties may address the allocation of parental rights and responsibilities in the separation agreement, a parenting plan or, if the parties agree to shared parenting, in an attached and incorporated shared parenting plan.

INFO

Applies to

Motion

The moving party may include affidavits, transcripts, depositions, interrogatory answers, exhibits, and other relevant materials with the memorandum.

The moving party shall file a memorandum of fact and law and may include affidavits, transcripts, depositions, answers to interrogatories, exhibits, and other relevant materials

INFO

The procedures in Civ.R. 56 regarding documents and other materials are suggested as guidelines.

The procedures contained in Civ.R. 56, regarding documents and other materials, are suggested as guidelines.