Holmes County Court of Common Pleas, General & Domestic Relations Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- An extension to plead or file a pleading requires leave of Court, must be requested by motion with a supporting memorandum and draft journal entry, and cannot be established by stipulation alone.
- An untimely request for leave to plead or an extension must be styled as a Motion for Leave to Plead Instanter, explain the untimeliness in a supporting memorandum and, if necessary, affidavit, and include the proposed pleading and a draft journal entry.
- The Court may grant leave to prevent manifest injustice.
- +1 more
Request must include
- Continuance requests generally must be submitted in writing at least seven days beforehand, with a motion, separate proposed entry, and supporting memorandum containing specified information; the Court may excuse the timing for an emergency or other sufficient cause.
Page & Word Limits1 rule
A transmitted document must be no longer than 30 pages, not including the cover page, and must pertain to only one case.
Fax Transmitted Document
30 pages
Document Format Requirements2 rules
A transmitted document must be no longer than 30 pages, not including the cover page, and must pertain to only one case.
The party shall deliver a hard copy of the notice to the clerk, as well as an electronic version formatted in Microsoft Word.
DOCX
Document Filing Requirements74 rules
Together with the attorney’s signature line upon any pleading filed with the Court of Common Pleas, the attorney shall include his/her Supreme Court registration number.
DocumentPleading
Fax transmissions must include a cover page with the specified case, sender, transmission, and processing information or they will not be accepted for filing.
The sending party or attorney must provide all required information on a cover page of transmission. Said cover page shall bear the name of the case, the full case and docket number, the sender’s name, firm, address, phone number and fax number; the date of transmission; the number of pages, including the cover page being transmitted; and such other comments and information as may assist the Clerk and Court in processing the document. Transmissions without such information will not be accepted for filing.
DocumentFax Transmission
The moving party shall file with the motion a brief supporting memorandum containing the authorities relied upon and any affidavits or other supporting documents required or appropriate together with a draft judgment entry in the event the motion is granted.
DocumentMotion
The movant for summary judgment shall submit a judgment entry granting the relief sought, together with the motion for summary judgment in the event said motion is granted.
DocumentSummary Judgment Motion
Summary-judgment filings must attach specified evidence, identify attached documents in the caption, and attach other documents to an affidavit and file them.
To assure compliance with Civil Rule 56(C), depositions answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact to support or oppose a motion for summary judgment shall be attached to the motion or memorandum, and the caption shall state the document attached, i.e. ‘…Including Affidavit of _______________.’ Documents which are not expressly mentioned in Civil Rule 56(C) shall be attached to an affidavit and filed.
DocumentSummary Judgment Motion Or Memorandum
A continuance motion's separate proposed journal entry must state the current assignment, the previously obtained opposing position, and a new court date cleared with opposing counsel.
The separate proposed journal entry which shall include: (a) The time and date of the current assignment; (b) The position of opposing counsel and parties on the continuance which shall have been obtained by movant prior to the filing of the motion for continuance; (c) A new date obtained from the Court and previously cleared with opposing counsel by movant in the even the Court grants the motion for continuance.
DocumentProposed Journal Entry For Continuance
The mediation shall only be conducted if the defendants properly execute the mediation form and submit it to the clerk’s office in a timely fashion as set forth by the language of the request.
DocumentMediation Form
When the client does not consent, counsel must file a written motion, send hearing details by certified mail with return receipt requested, attach a copy of the notice, and, if the client cannot be located, include a statement of communication efforts.
(2) In all other cases counsel shall file a written Motion to Withdraw with the Court and counsel shall send written notice to the client of the time, date, and place of the hearing on the Motion by certified mail, return receipt requested. A copy of said notice shall be attached to the Motion. In the event that counsel is unable to locate the client, counsel shall submit with their Motion a statement detailing the efforts to communicate with the client.
DocumentMotion To Withdraw
(1) When counsel’s client consents to counsel’s withdrawal, counsel shall file with the Court a written Motion to Withdraw, together with an entry and appearance of substitute counsel.
DocumentMotion To Withdraw
In jury cases, counsel must file and serve the specified draft jury materials and any jury-view request details at least seven business days before the final pretrial conference.
(3) If the case is to be tried to a jury, counsel shall also file with the Court and serve upon all parties at least seven (7) business days before the date of final pretrial conference a draft of substantive jury instructions, jury interrogatories (if any), verdict forms, and an indication as to whether a jury view will be requested and, if so, details as to the site parameters of the view.
DocumentJury Trial Materials
If a final pretrial conference is held, counsel or an unrepresented party must prepare and file a joint pretrial statement containing the specified facts, issues, law, evidence, damages, witnesses, depositions, trial estimate, and settlement information.
(2) Joint Pretrial Statement. In the event the final pretrial conference is held, a joint pretrial statement shall be prepared by counsel for all parties, or by the party if unrepresented, and shall be filed with the Court not less than seven (7) business days prior to the date of the final pretrial conference. The joint pretrial statement shall include as follows: (a) A concise summary of the essential facts. (b) A brief statement of the issues involved. (c) A brief statement of the applicable law and the authorities upon which each party relies. (d) A list of demonstrative evidence and exhibits which will be offered at trial. (e) An itemized statement of damages by persons claiming such damages. (f) Names and addresses of prospective lay and expert witnesses, together with a brief summary of the experts’ qualifications. (g) A list of depositions and/or video-taped depositions which each party intends to introduce at trial. (h) Estimated length of trial. (i) A brief statement that counsel conferred prior to the final pretrial conference, discussed in depth the issues involved, proposed offers of settlement, that such offers were refused, and a statement as to the prospects of settlement prior to trial.
DocumentJoint Pretrial Statement
The newspaper publication notice must include the specified court, case, party, complaint, answer-deadline, and final-hearing information.
(2) Step 2. Along with the affidavit, the party must provide the clerk with the exact language to be included in the publication (hereinafter referred to as the notice). The notice shall include: (a) the name and address of the court (Holmes County Courthouse 1 Court Street Millersburg, OH 44654), (b) the case number, (c) the name of the first party on each side, (d) the name and last known address, if any, of the person or persons whose residence is unknown, (e) a summary statement of the object of the complaint and demand for relief, (f) a notice to the person to be served that he or she is required to answer within twenty-eight (28) days after publication, (g) a date for the final hearing (obtained from the court’s assignment commissioner) 90 days from the estimated date of the first publication referred to in paragraph (5) below.
DocumentNewspaper Publication Notice
Before newspaper publication service, the party or counsel must file a motion and an affidavit stating the required facts and diligent search efforts.
(1) Step 1. Before service by publication in a newspaper can be made, the party or his counsel shall file a motion (see APPENDIX 1) and an affidavit with the court. The affidavit shall state: (a) that service of summons cannot be made because the residence of the defendant is unknown to the affiant; (b) shall detail all of the efforts made on behalf of the party to ascertain the residence of the defendant; and (c) shall aver that the residence of the defendant cannot be ascertained with reasonable diligence.
DocumentNewspaper Publication Service Affidavit
The posting notice must include the specified court, case, party, complaint, answer-deadline, and final-hearing information.
(3) Step 3. Along with the affidavit, the party must provide the clerk with a written document (notice) with the exact language to be included in the posting. This notice shall include: (a) the name and address of the court (Holmes County Courthouse 1 Court Street Millersburg, OH 44654), (b) the case number, (c) the name of the first party on each side, (d) the name and last known address, if any, of the person or persons whose residence is unknown, (e) a summary statement of the object of the complaint and demand for relief, (f) a notice to the person to be served that he or she is required to answer within twenty-eight (28) days after publication, (g) a date for the final hearing (obtained from the court’s assignment commissioner) 90 days from the estimated date of the first posting referred to in paragraph (4) below.
DocumentPosting And Mail Service Notice
(2) Step 2. The party or the party's counsel shall file an affidavit with the court. The affidavit shall state: (a) that service of summons cannot be made because the residence of the defendant is unknown to the affiant; (b) shall detail all of the efforts made on behalf of the party to ascertain the residence of the defendant; (c) shall state that the residence of the defendant cannot be ascertained with reasonable diligence; (d) the defendant's last known address.
DocumentPosting And Mail Service Affidavit
(1) Step 1. The party requesting service upon another party files a MOTION FOR SERVICE BY PUBLICATION BY POSTING AND MAIL. (See APPENDIX 3 of this Rule) This motion must be accompanied by a Financial Disclosure Form (OPD-26R) located at https://opd.ohio.gov/Reimbursement/Reimbursement.
DocumentMotion For Service By Publication By Posting And Mail
(1) Step 1. The party requesting service on another party files a MOTION FOR SERVICE BY PUBLICATION BY POSTING AND MAIL. (See APPENDIX 4 of this Rule). This motion does not have to allege that the party requesting service is indigent and there is no need for them to file a Financial Disclosure Form.
DocumentMotion For Service By Publication By Posting And Mail
The party or counsel must file an affidavit stating why service cannot be made, efforts to locate the defendant, the inability to ascertain the residence with reasonable diligence, and the defendant’s last known address.
(2) Step 2. The party or the party's counsel shall file an affidavit with the court. The affidavit shall state: (a) that service of summons cannot be made because the residence of the defendant is unknown to the affiant; (b) shall detail all of the efforts made on behalf of the party to ascertain the residence of the defendant; (c) shall state that the residence of the defendant cannot be ascertained with reasonable diligence; (d) the defendant's last known address.
DocumentAffidavit For Service By Publication
The party must provide the clerk with a notice containing the exact posting language and all specified case, party, complaint, response-deadline, and hearing information.
(3) Step 3. Along with the affidavit, the party must provide the clerk with a written document (notice) with the exact language to be included in the posting. This notice shall include: (a) the name and address of the court (Holmes County Courthouse 1 Court Street Millersburg, OH 44654), (b) the case number, (c) the name of the first party on each side, (d) the name and last known address, if any, of the person or persons whose residence is unknown, (e) a summary statement of the object of the complaint and demand for relief, (f) a notice to the person to be served that he or she is required to answer within twenty-eight (28) days after publication, (g) a date for the final hearing (obtained from the court’s assignment commissioner) 90 days from the estimated date of the first posting referred to in paragraph (4) below.
DocumentNotice For Service By Publication
Approval by telephone is permitted, but preparing counsel must sign for the approving party and include a certificate stating the telephone approval date and authorization to sign.
Counsel or parties unrepresented by counsel may approve an Entry by telephone, in which case the counsel preparing the Entry shall sign for the party approving the Entry and include a certificate relating that said party or counsel approved the Entry by telephone on a specific date and authorized counsel preparing the Entry to sign on behalf of that party.
DocumentJudgment Entry
Counsel preparing a proposed Entry may submit the original Entry directly to the Court for approval without circulation among counsel and parties. Such proposed Entry shall, in lieu of the approval of other counsel, contain a certificate of the submitting counsel that on a specified date he mailed a copy of the Judgment Entry to all counsel or parties whose approval is not endorsed thereon.
DocumentJudgment Entry
Submitted judgment and journal entries must identify the copy recipients at the end, listing them after “cc:” under the Judge’s and counsel’s signature lines.
All judgment entries and journal entries submitted to the Court shall at the end of the entry indicate for the Clerk of Courts to whom copies of the entry should be distributed (e.g. counsel, sheriff, CSEA, etc.). This Rule shall be complied with by listing the persons for distribution after “cc:” under the Judge’s and counsel’s signature lines.
DocumentJudgment Entry And Journal Entry
Before submitting a qualifying Entry or Decree to the Court, counsel must submit its legal description to the Holmes County Tax Map Office for review.
Prior to the submission of any Entry or Decree transferring or affecting any interest in real estate situated in Holmes County, Ohio, to the Court for execution, counsel shall submit the legal description of the real estate contained in said Entry to the Holmes County Tax Map Office for review as to the legal sufficiency of said description.
DocumentEntry Or Decree
The original of any such Entry shall bear the approval stamp of said Tax Map Office prior to submission to the Court.
DocumentEntry
By the first Monday following the date of sale, the Sheriff shall make his return to the Court.
DocumentSheriff Return
The plaintiff shall prepare and deliver a proposed entry confirming the sale to the Court, and serve copies upon all parties or their attorneys of record by regular mail within seven (7) days after the date of sale.
DocumentProposed Confirmation Entry
In every action hereinafter filed in the General Division of the Common Pleas Court of Holmes County, Ohio, wherein a judicial sale of real estate is contemplated by the Complaint or subsequent pleadings the party praying for said sale or the attorney for the party praying for said sale shall either file a Judicial Title Certificate or a Certificate of Title with the Complaint or pleading, or may in the alternative endorse on such Complaint or pleading the following certification: “The undersigned hereby certifies that an examination of the public records of Holmes County, Ohio has been made to determine the ownership of subject real estate and all parties who may claim any interest therein, and that, in the opinion of the undersigned, all such parties have been named as parties to this action,” stating as exceptions any interested party not so named.
DocumentComplaint Or Pleading
After a decree ordering a real-estate sale is filed, the requesting party must file a certificate continuation or the specified certification with the Clerk within ten days.
Within ten (10) days after the filing of any Decree subsequently issued which orders the sale of real estate, the party or attorney having requested said sale shall either file a Continuation of a previously filed Certificate, or shall file the following Certification with the Clerk: “The undersigned hereby certifies that the examination to title to subject real estate has been extended to (date of Decree) to determine if any parties have acquired an interest therein subsequent to said previous examination and discloses that, in the opinion of the undersigned, there are no such parties except parties to whom the doctrine of lis pendens applies,” also stating as further exceptions any such party not subject to lis pendens.
DocumentContinuation Of Certificate Or Certification
(3) The questionnaire shall be phrased and organized so as to facilitate quick and accurate screening
DocumentJury Questionnaire
At arraignment, the Prosecuting Attorney must prepare a discovery packet containing a notice of materials subject to discovery and the specified materials or notices and inspection opportunity.
The Prosecuting Attorney shall have prepared a packet at arraignment which packet shall consist of Notice of Materials subject to discovery. The packet shall contain copies of the material or notice of the existence of material together with notice of opportunity to inspect, copy or photograph said material as required by Crim. R. 16(B)(1)(a), (b), (c), (d), (e), and (f).
DocumentDiscovery Packet
(2) A motion, other than one made during trial or hearing, shall be in writing unless the Court permits it to be made orally. The motion shall state with particularity the grounds upon which it is made and shall set forth the relief or order sought. The motion shall be supported by memorandum containing citations of authority and may also be supported by an affidavit. The motion shall be accompanied by a draft entry granting the relief or order sought.
DocumentMotion
However, in no event shall a party fail to submit requested instructions in writing any later than the close of the evidence at trial or at such earlier time during the trial as the Court may direct.
DocumentJury Instruction Request
A jury-view request must be written, filed, and served on opposing counsel at least 14 days before trial, and must describe the site and parameters; a site map is suggested.
If a party requests a jury view, said request shall be made in writing and filed with the Court and a copy served upon opposing counsel at least fourteen (14) days before trial. The written request shall set forth details as to the site of the view and parameters of the view. A map of the site of view is suggested.
DocumentJury View Request
Where applicable, adversarial complaints, petitions, motions, and responsive pleadings must include the listed affidavits and child-support worksheet, except that an Affidavit of Property is not required in non-adversarial proceedings.
In addition to the requirements of Local R. 2, all adversarial complaints, petitions, and/or motions and responsive pleadings thereto must include, where applicable, a Parenting Proceeding Affidavit (See Appendix B), an Affidavit of Income and Expenses (See Appendix C), an Affidavit of Property (See Appendix D), a Health Insurance Affidavit (See Appendix E), Motion and Affidavit or Counter Affidavit for Temporary Orders Without Oral Hearing (See Appendix F), and a child support computation worksheet, pursuant to R.C. 3113.215. The Affidavit of Property need not be filed in non-adversarial proceedings (e.g. dissolutions).
DocumentAdversarial Pleading
An ex parte exclusive-possession request must include a motion, a detailed affidavit, and a draft journal entry containing removal instructions and blank spaces for a review-hearing date and time.
In order to secure an exclusive possession of premises order on an ex parte basis, the party seeking such order must move the Court for such relief and provide an affidavit with particular information concerning the appropriateness of such order, including the reasons for needing the order and the alternate living arrangements which the party sought to be excluded may have. The moving party shall submit a draft journal entry for use by the Court in the event the motion is granted. The journal entry shall include a specific instruction to the Sheriff or other officer of the Court concerning instructions for removal and restraint of the non- moving party. The journal entry shall also include blank spaces for the insertion of hearing date and time so the evicted party can have a review hearing.
DocumentEx Parte Exclusive Possession Motion
When seeking ex parte relief against a party known to be represented, the motion must identify opposing counsel and the moving attorney must certify notice was given or state why it was not in the parties’ or children’s best interests.
Whenever an attorney files a pleading with the Court in which ex parte relief is sought, and the attorney knows that the adverse party is represented by counsel, the party seeking such relief shall notify the Court at the time he/she files the request for relief of the other attorney’s involvement by including the name, address and telephone number of opposing counsel in the motion for ex parte relief. The attorney for the moving party shall certify to the Court that notice of intent to seek ex parte relief was given to opposing counsel or, in the event it is not given, the particular reasons why notice to opposing counsel is not in the best interests of the parties and/or children.
DocumentEx Parte Motion
The joint pre-motion hearing statement must include the specified updated affidavits and financial materials, applicable child-support worksheet, witness and exhibit lists, agreed and disputed matters, and each party’s proposed resolution.
The joint pre-motion hearing statement shall contain any updates in the parental affidavits, affidavits of income, expenses and financial disclosure and, where applicable, and shall where appropriate include an up-to-date child support computation worksheet pursuant to R.C. 3113.215. Such statement shall also include a list of each party’s lay witnesses, a list of each party’s expert witnesses, together with the subject matter upon which said experts will testify, a list of each party’s exhibits, a statement of issues, evidence and legal authority upon which the parties agree and a statement of issues, evidence and authority upon which the parties disagree. Such statement shall also contain each party’s proposal, which the party states is fair and reasonable, for resolution of the issues before the Court.
DocumentJoint Pre Motion Hearing Statement
The moving party shall provide a draft journal entry establishing probable cause and requiring the contemnor to appear before the Court and to show cause why he should not be punished. Such journal entry shall contain a blank date and time for a case management conference or such other hearing as the Court may determine is necessary.
DocumentDraft Journal Entry
No contempt motion shall be heard until the Court has determined there is probable cause to punish the contemnor upon the basis of affidavits or other evidence submitted by the moving party.
DocumentContempt Motion
Joint pre-motion hearing statements shall be signed by each party, counsel for each party (if any) and the guardian ad litem (if any).
DocumentJoint Pre Motion Hearing Statement
The moving party shall also submit to the Court, with appropriate copies for service, a summons which notifies the contemnor of his/her rights in a contempt proceeding.
DocumentSummons
(c) Domestic relations final pretrial statements shall be signed by all counsel and all parties, together with the guardian ad litem (if any).
DocumentJoint Pretrial Statement
The joint pretrial statement must include the specified marital facts, issues, law, evidence, financial positions, witnesses, depositions, trial length, settlement proposal, and conference and settlement information.
The joint pretrial statement shall include as follows: (1) A concise summary of the essential marital facts, including a brief history of the marriage. (2) A brief statement of the uncontested and contested issues involved. (3) A brief statement of the applicable law and authorities upon which each party relies. (4) A list of the demonstrative evidence and exhibits which will be offered by each party at trial. (5) A summary of the information required in the affidavit of income, expenses and financial disclosure. The parties shall include statements of their positions concerning “marital” and “separate” property and debts as defined in R.C. 3105.171. (6) The names and addresses of prospective lay and expert witnesses for each party, together with a brief summary of the expert witness’ qualifications and subject matter of testimony. (7) A list of deposition and/or video-tape depositions which each party intends to introduce at trial. (8) The estimated length of the trial. (9) Each party shall also state a proposal, which the party believes is fair and reasonable, which would resolve all issues pending before the Court including an equitable division of assets, payment of debts, payment of spousal support, together with the allocation of parental rights and responsibilities. (10) A brief statement that counsel and the parties conferred prior to the filing of the joint pretrial statement, discussed in depth the issues involved, the proposed offers of settlement, that such offers were refused and a statement as to the prospects of settlement prior to trial.
DocumentJoint Pretrial Statement
(b) The evidence, issues and legal authority heard at trial shall be limited to those matters contained in the parties’ joint final pretrial statement, absent exigent circumstances and with leave of Court.
DocumentJoint Final Pretrial Statement
An Order of Appointment must state the guardian ad litem’s role, the appointment’s duration, and the guardian’s rights to notice and case documents.
(a) The court appointing a guardian ad litem under this rule shall enter an Order of Appointment which shall include: (i) A statement regarding whether a person is being appointed as a guardian ad litem only or as a guardian ad litem and attorney for the child. (ii) A statement that the appointment shall remain in effect until discharged by order of the court, by the court filing a final order in the case or by court rule. (iii) A statement that the guardian ad litem shall be given notice of all hearings and proceedings and shall be provided a copy of all pleadings, motions, notices and other documents filed in the case.
DocumentOrder Of Appointment
(c) The court shall make provisions for fees and expenses in the Order.
DocumentOrder Of Appointment
The guardian ad litem’s final report must detail the listed activities and information considered in reaching recommendations and performing required duties.
The report shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted and all other relevant information considered by the guardian ad litem in reaching the guardian ad litem’s recommendations and in accomplishing the duties required by statute, by court rule, and in the court’s Order of Appointment.
DocumentGuardian Ad Litem Final Report
A copy of the final report shall be provided to the court at the hearing.
DocumentGuardian Ad Litem Final Report
A submitted Shared Parenting Plan must specify its details and cover all factors required by law and addressed in the Court’s Standard Order.
A party submitting a “Shared Parenting Plan”, pursuant to R.C. 3109.04, shall state with specificity the details of such plan.. A “Shared Parenting Plan” shall cover all factors provided by law and shall also, at the minimum, cover all factors addressed in the Court’s Standard Order of Allocation of Parental Rights and Responsibilities (See Appendix C).
DocumentShared Parenting Plan
If an agreed entry affects the Child Support Enforcement Agency, it must include instructions for implementing the order.
If the agreed entry would affect the activity of the Child Support Enforcement Agency, the agreed entry shall contain appropriate instructions to the Child Support Enforcement Agency concerning implementation of the order;
DocumentAgreed Entry
The agreed entry must specifically deal with the establishment, modification or non-modification of all provisions which are contained in the Court’s Standard Order of Allocation of Parental Rights and Responsibilities.
DocumentAgreed Entry
An agreed entry changing residential-parent arrangements must be accompanied by a motion and the specified supporting affidavits and worksheet, as appropriate.
The agreed entry must be accompanied by a motion requesting the change with appropriate affidavits attached together with parental affidavits, affidavits of income, expenses and financial disclosure and child support calculation worksheet, as appropriate, executed by each parent and counsel indicating their agreement setting forth specific facts which the Court can make a determination of whether the agreed change is in the best interests of the children;
DocumentMotion
A parenting coordinator appointment order must state the coordinator’s identifying information, powers and duties, appointment term, confidentiality scope, fees and payment responsibilities, right to suspend services for unpaid balances, terms and conditions, and any agreed nonconflicting provisions.
The appointment order shall set forth all of the following: (1) The name, business address and business telephone number of the parenting coordinator; (2) The specific powers and duties of the parenting coordinator; (3) The term of the appointment; (4) The scope of confidentiality; (5) The fees and expenses to be charged for the services of the parenting coordinator as set forth in division 26.07(G) of this rule; (6) The parties’ responsibility for the payment of fees and expenses for services rendered by the parenting coordinator; (7) The parenting coordinator has the right to suspend all services until payment of any unpaid balances; (8) The terms and conditions of parenting coordination; (9) Any other provisions specifically agreed to by the parties not in conflict with the definition of parenting coordination as set forth in division 26.01 (C) of this rule.
DocumentParenting Coordinator Appointment Order
Upon the Court’s request, the parenting coordinator must prepare a written report containing the listed information.
(4) Upon request of the Court, the parenting coordinator shall prepare a written report including, but not limited to, all of the following: (a) Dates of parenting coordination session(s); (b) Whether the parenting coordination session(s) occurred or was terminated; (c) Requests to reschedule a parenting coordination session(s), including the name of the requestor and whether the request was approved; (d) Whether an agreement was reached on some, all, or none of the issues; (e) Who was in attendance at each session(s); (f) The date and time of a future parenting coordination session(s); (g) Whether any decisions were written, and if so, the date(s).
DocumentParenting Coordinator Report
If the parties cannot resolve the dispute, the parenting coordinator must issue an immediately effective written decision, provide copies to the parties and their attorneys, promptly file it, and include the listed information.
(2) The parenting coordinator shall first attempt to assist the parties in reaching an agreement that resolves the dispute. If the parties are unable to reach an agreement, the parenting coordinator shall issue a written decision that is effective immediately. The parenting coordinator shall provide copies to the parties and their attorneys, if any. The decision shall be promptly filed with the Court and include all of the following: (a) Case caption, including the case number; (b) Date of the decision; (c) The decision of the parenting coordinator; (d) Facts of the dispute and facts upon which the decision is based; (e) Reasons supporting the decision; (f) The manner in which the decision was provided to the parties; (g) Any other necessary information.
DocumentParenting Coordinator Decision
The service-by-publication/posting affidavit form calls for the affiant to state the opposing party’s last known address, describe efforts to locate the party, attest that the party’s whereabouts cannot be ascertained with reasonable diligence, and complete the notarial jurat.
1. I am the plaintiff/petitioner in this action which I am filing against ____________________________. 2. The last known address of the opposing party is_____________________________ _________________________. 3. I do not know the present residence of the opposing party. 4. I do not know of any other place (such as the opposing party’s place of employment) where they can be found. 5. I have contacted known friends and family members to try to ascertain the opposing party’s residence as follows. (Go into as much detail as possible including who you contacted, when you contacted them and what they said. Use additional sheets of paper as necessary): 6. I have used other means of trying to ascertain the opposing party’s whereabouts as follows. (Go into as much detail as possible including who you contacted, when you contacted them and what they said. Use additional sheets of paper as necessary): 7. The whereabouts of the opposing party cannot be ascertained with reasonable diligence. I, ________________________, a Notary Public in the State of Ohio do hereby state that _________________________ appeared before me and swore to the truthfulness of this affidavit and signed said affidavit in my presence on this _____ day of __________, 20___.
DocumentAffidavit For Service By Publication Or Posting
(1) A parenting coordinator shall provide parties with the parenting coordinator evaluation form, provided by the Court, prior to the first parenting coordination session and at the end of the term of the appointment. The evaluation form shall be completed by the parties and submitted to the Administrative Judge.
DocumentParenting Coordinator Evaluation Form
A parenting coordinator misconduct complaint submitted to the Administrative Judge must include the listed case, coordinator, complainant, and allegation information.
(2) The complaint shall be submitted to the Administrative Judge, and include all of the following: (a) The case caption and case number; (b) The name of the parenting coordinator; (c) The name and contact information for the person making the complaint; (d) The nature of any alleged misconduct or violation; (e) The date the alleged misconduct or violation occurred.
DocumentParenting Coordinator Misconduct Complaint
By February 1 each year, the Court must file the rule, current coordinator roster, specified resumes, and continuing-education lists with the Supreme Court of Ohio’s Dispute Resolution Section.
On or before February 1st of each year, the Court shall file with the Dispute Resolution Section of the Supreme Court of Ohio all of the following: (A) A copy of this rule; (B) A copy of the Court’s current roster of parenting coordinators; (C) A copy of each new or updated resume received by the Court from a parenting coordinator during the previous year; (D) A copy of each list of continuing education training received by the Court from each parenting coordinator.
DocumentAnnual Parenting Coordination Report
When a request under Rule 52 of the Ohio Rules of Civil Procedure is timely made for findings of fact and conclusions of law, the Court may direct either party to prepare within seven (7) days proposed findings of fact and conclusions of law and submit them to the Court and to opposing counsel and parties unrepresented by counsel.
DocumentProposed Findings Conclusions
Within seven (7) days thereafter, the opponent shall submit any objections or counterproposals to the Court in writing.
DocumentObjections Or Counterproposals
The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person should be: (a) Combined in a single document;
DocumentJury Service Notice And Questionnaire
(3) The questionnaire shall be phrased and organized so as to facilitate quick and accurate screening and should request only that information essential for: (a) Determining whether a person meets the criteria for eligibility; (b) Providing basic background information ordinarily sought during voir dire examination; (c) Efficiently managing the jury system;
DocumentJury Questionnaire
(b) Phrased so as to be readily be understood by an individual unfamiliar with the legal an jury system;
DocumentJury Service Notice And Questionnaire
Requests for jury instructions shall be governed by Crim. R. 30(A). The Court prefers requests for instructions submitted in writing and at least seven (7) days prior to trial.
DocumentJury Instruction Request
A party seeking an emergency ex parte temporary order in exigent circumstances may file a motion supported by an affidavit and a draft journal entry granting the requested relief.
Generally where there are exigent circumstances which require a party to seek an emergency ex parte temporary order upon which the Court is permitted to act on an ex parte basis pursuant to Civ. R. 75, the party seeking such order may move the Court for the issuance immediately of an order on an ex parte basis by filing a motion supported by affidavit, a draft journal entry granting the relief sought.
DocumentEx Parte Motion
This rule shall not require an alleged contemnor to produce any information which would violate his/her constitutional rights, including, but not limited to, the right against self-incrimination.
DocumentJoint Pre Motion Hearing Statement
Filing & Service rules
Electronic Filing Rules
The Court must strike a filing if it is established that the document was transmitted without authority.
If it is established that the pleadings or documents were transmitted without authority, the Court shall order the filing stricken.
Page 7 | RULE 4 — FILING PLEADINGS AND OTHER DOCUMENTS BY ELECTRONIC TRANSMISSION
A fax-transmitted document and its signature are accepted as originals.
A document filed by facsimile transmission will be accepted as original and the signature accepted as original consistent with Civ. R. 5(E).
Page 7 | RULE 4 — FILING PLEADINGS AND OTHER DOCUMENTS BY ELECTRONIC TRANSMISSION
Pleadings and other documents may be filed with the Court by fax to the Clerk’s Office fax number.
All pleadings and other documents may be filed with the Court by facsimile [to the Clerk’s Office facsimile No. 330-674-0289 fax number].
Page 7 | RULE 4 — FILING PLEADINGS AND OTHER DOCUMENTS BY ELECTRONIC TRANSMISSION
Filing Timing and Cure Windows
A party objecting to a Motion for Leave to Plead Instanter must respond within five days after the motion is filed.
In the event any party objects to the granting of a “Motion to Leave to Plead Instanter”, such objecting party shall respond within five (5) days from the “Motion to Leave Instanter’s” filing with the Court.
Page 6 | Rule 3 — Time Extensions
A fax-submitted document is considered filed when the Clerk’s date and time stamp is applied.
All documents submitted shall be considered filed when the date/time has been stamped by the Clerk. For the purposes of this rule, the date/time stamp produced by the Clerk’s facsimile machine shall constitute the date/time stamp of the Clerk.
Page 7 | RULE 4 — FILING PLEADINGS AND OTHER DOCUMENTS BY ELECTRONIC TRANSMISSION
Each opposing party must file a written response within 14 days after the motion is filed.
Each party opposing the motion shall file a written response within fourteen (14) days after the filing of the motion with the Court.
Page 9 | All Other Motions
The joint pretrial statement must be filed at least seven business days before the final pretrial conference.
the Court not less than seven (7) business days prior to the date of the final pretrial conference.
Page 15 | Rule 9 — Pretrial Conferences in Civil Cases
In jury cases, the specified jury materials must be filed at least seven business days before the final pretrial conference.
(3) If the case is to be tried to a jury, counsel shall also file with the Court and serve upon all parties at least seven (7) business days before the date of final pretrial conference a draft of substantive jury instructions, jury interrogatories (if any), verdict forms, and an indication as to whether a jury view will be requested and, if so, details as to the site parameters of the view.
Page 15 | Rule 9 — Pretrial Conferences in Civil Cases
After Court approval and signature, the Clerk must enter the entry on the journal forthwith.
Upon approval and signature by the Court, the Clerk shall enter the entry forthwith upon the journal.
Page 23 | Rule 13(B)(1) Approval by Fewer than Four Parties
Unless an exception applies or the Court directs otherwise, prevailing counsel in a civil case must prepare and submit a judgment entry within 14 days after the Court’s decision, after circulating the original to trial counsel and appearing unrepresented parties.
Except as to certifications, entries granting leave to plead, and matters in which the Court prepares a Judgment Entry, or unless the Court otherwise directs, counsel for the party in whose favor an order, judgment, or decree has being ranted in a civil case shall prepare a Judgment Entry relating the action of the Court and shall submit to the Court the same after circulation of the original to all other trial counsel and all parties unrepresented by counsel who have entered an appearance in the case, within fourteen (14) days of the Court’s decision, unless the time is extended by the Court.
Page 23 | Rule 13(A)(1) Preparation
Once the proposed entry is approved, it must be returned to its preparer, who must submit it to the Court forthwith.
Upon approval, the Entry shall be returned to counsel who prepared it, who shall then submit it forthwith to the Court.
Page 23 | Rule 13(B)(1) Approval by Fewer than Four Parties
A party’s failure to respond within the five-day period after service is deemed approval and authorizes the preparer to submit the entry or a duplicate directly to the Court.
The failure of any party to respond to a proposed Entry within the aforestated five (5) day period after service shall be deemed an approval of the Entry and shall authorize counsel who prepared the entry to submit it or a duplicate directly to the Court for approval.
Page 23 | Rule 13(B)(3) Approval by Fewer than Four Parties
Opposing counsel or an unrepresented party must approve or reject a proposed entry within five days after service, with three additional days for a recipient residing outside the county.
The opposing counsel or unrepresented party shall approve or reject the proposed Entry within five (5) days after service of the same. Three days shall be added for any counsel or unrepresented party who resides outside the county.
Page 23 | Rule 13(B)(1) Approval by Fewer than Four Parties
The Court must withhold approval of the proposed judgment entry until ten days after copies were sent to other counsel or parties.
The Court shall withhold approval of the proposed Judgment Entry until ten (10) days after the date copies were sent to other counsel or parties.
Page 24 | Rule 13(C) Approval by Four or More Parties
Counsel must submit an order of dismissal within 14 days after notifying the Court of settlement, unless the Court extends the time.
Counsel shall submit an order of dismissal for a case not later than fourteen (14) days after notice to the Court of settlement, unless said time is extended by the Court.
Page 24 | Rule 13(C) Judgment Entry upon Settlement
A party objecting to a mediation referral or appointed mediator must file a written objection explaining the reasons within seven days after receiving notice.
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 provider and explain the reasons for any opposition.
Page 31 | (H) Procedures
The requesting party or attorney must file the certificate continuation or certification within ten days after the decree ordering the sale is filed.
Within ten (10) days after the filing of any Decree subsequently issued which orders the sale of real estate, the party or attorney having requested said sale shall either file a Continuation of a previously filed Certificate, or shall file the following Certification with the Clerk:
Page 34 | Rule 17(B) Continuation of Certificate
Pretrial motions generally must be made by the earlier of 35 days after arraignment or seven days before trial, subject to stated rule exceptions; the Court may extend the deadline in the interests of justice, and an extension request must comply with Local Rules 3 and 5(D).
All pretrial motions, including motions in limine, shall, pursuant to Crim. R. 12(C) and, except as provided in Crim. R. 7(E) and 16(F), be made within thirty-five (35) days after arraignment or seven (7) days before trial, whichever is earlier. The Court, in the interests of justice, may extend the time for making any pretrial motions. Such requests for extension of time shall comply with Local R. 3 and Local R. 5(D). Failure to comply with this Rule may result in the dismissal of a pretrial motion by the Court sua sponte.
Page 49 | Rule 23 — Criminal Case Management Plan
The parties and counsel must file a joint pre-motion hearing statement at least seven business days before a post-decree motion hearing, unless the Court directs otherwise.
At least seven business days prior to a post-decree motion hearing, unless otherwise directed by the Court, the parties and counsel shall file with the Court a joint pre-motion hearing statement.
Page 55 | Joint Pre-motion Hearing Statement on Post-Decree Motions
The joint pretrial statement must be prepared by counsel for all parties, or by an unrepresented party, and filed at least seven business days before the final pretrial conference.
joint pretrial statement shall be prepared by counsel for all the parties, or by the party if unrepresented, and shall be filed with the Court not less than seven (7) business days prior to the date of the final pretrial conference.
Page 57
In the specified domestic relations proceedings, the final report must be filed and made available for party inspection at least seven days before the final hearing unless the court extends the due date.
In domestic relations proceedings involving the allocation of parental rights and responsibilities, the final report shall be field with the court and made available to the parties for inspection no less than seven days before the final hearing unless the due date is extended by the court.
Page 64 | (6)(a) Reports of guardians ad litem
A judge must rule on the objections within 30 days after the last objection is filed.
A judge shall issue a ruling on the objections within thirty (30) days from the date of the last objection filed.
Page 87 | Parenting Coordination
A party may file written objections with the Court within 14 days of the decision’s filing date.
A party may file written objections to a parenting coordinator’s decision with the Court and serve all other parties to the action within fourteen (14) days of the filing date of the decision.
Page 87 | Parenting Coordination
If a party timely files objections, another party may file objections with the Court no later than 10 days after the first objections are filed.
If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten (10) days after the first objections are filed.
Page 87 | Parenting Coordination
The Clerk of Courts must notify the attorney or sender if a fax-transmitted document cannot be filed.
The Clerk of Courts shall notify the attorney or sending party if the transmitted document cannot be filed for any reason.
Page 7 | RULE 4 — FILING PLEADINGS AND OTHER DOCUMENTS BY ELECTRONIC TRANSMISSION
The Sheriff, deputy or party conducting the sale shall, prior thereto, announce that any purchasers shall have twenty-one (21) days from the date of sale to obtain an examination to title to said real estate. Should such examination disclose the title so purchased to be unmarketable by reason of any defect in the proceedings or the existence of any interest not disclosed in either of the certifications described above, no liability shall be predicated on the certifications, which are for the convenience of the Court, but said purchaser may, within the twenty-one (21) day period, notify the Court thereof by written motion requesting that said sale
The Sheriff, deputy or party conducting the sale shall, prior thereto, announce that any purchasers shall have twenty-one (21) days from the date of sale to obtain an examination to title to said real estate. Should such examination disclose the title so purchased to be unmarketable by reason of any defect in the proceedings or the existence of any interest not disclosed in either of the certifications described above, no liability shall be predicated on the certifications, which are for the convenience of the Court, but said purchaser may, within the twenty-one (21) day period, notify the Court thereof by written motion requesting that said sale
Page 34 | Rule 17(C) Examination by Purchaser
A purchaser seeking expedited confirmation may waive examination by filing a written waiver with the Clerk within the twenty-one-day period.
A purchaser may waive his right to examination in a writing filed with the Clerk within such twenty-one (21) day period if any expedited confirmation is desired.
Page 35 | Rule 15 — Sheriff’s Sales
Service and Proof of Service Rules
At the commencement of a non-tax foreclosure action, the Clerk must attach a notice informing debtor-defendants of their right to mediation.
At the commencement of the filing of any foreclosure action other than a tax foreclosure action the Holmes County Common Pleas Clerk of Courts shall attach a notification to the debtor-defendants that they have a right to mediation.
Page 11 | RULE 6 — MEDIATION IN FORECLOSURE ACTION
If the motion to withdraw is granted, counsel must send the client a copy of the Entry by certified mail, return receipt requested, to the client’s last known address.
(3) If the Motion is granted, counsel shall notify the client of the withdrawal by sending him a copy of the Entry by certified mail, return receipt requested, at the client’s last known address.
Page 12 | RULE 7(B)(3) — Procedure
In cases where the client does not consent to withdrawal, counsel must send the client hearing notice by certified mail, return receipt requested.
(2) In all other cases counsel shall file a written Motion to Withdraw with the Court and counsel shall send written notice to the client of the time, date, and place of the hearing on the Motion by certified mail, return receipt requested.
Page 12 | RULE 7(B)(2) — Procedure
The Clerk must serve defendants with the case management conference notice together with the summons.
Defendants shall be served with a copy of the notice establishing the case management conference by the Clerk together with the summons.
Page 14 | RULE 9 — PRETRIAL CONFERENCES IN CIVIL CASES
In jury cases, counsel must serve all parties with the specified jury materials at least seven business days before the final pretrial conference.
(3) If the case is to be tried to a jury, counsel shall also file with the Court and serve upon all parties at least seven (7) business days before the date of final pretrial conference a draft of substantive jury instructions, jury interrogatories (if any), verdict forms, and an indication as to whether a jury view will be requested and, if so, details as to the site parameters of the view.
Page 15 | Rule 9 — Pretrial Conferences in Civil Cases
When a defendant’s residence is unknown, service must be by newspaper publication unless the action is governed by the posting-and-mail provisions.
(A) Except in an action governed by divisions (B) and (C) of this rule (SERVICE BY PUBLICATION BY POSTING AND MAIL), if the residence of a defendant is unknown, service shall be made by publication in a newspaper.
Page 17 | Rule 10(A) — Procedure for Service by Publication in a Newspaper
Newspaper publication must occur at least weekly for six successive weeks, and service is complete on the date of the last publication.
(5) Step 5. The publication shall be published at least once a week for six (6) successive weeks. Service shall be complete at the date of the last publication.
Page 17 | Rule 10(A)(5) — Step 5
The clerk must post the notice at the three specified locations and keep it posted for six successive weeks.
(4) Step 4. The clerk shall post the notice referred to in paragraph (3) above in three different places: (a) the Holmes County Courthouse 1 Court Street Millersburg, OH 44654, (b) the Holmes County Administration Building 75 E Clinton St, Millersburg, OH 44654, (c) the Holmes County Department of Job and Family Services 85 North Grant St., Millersburg, OH 44654. (5) Step 5. The notice shall remain posted for six (6) successive weeks.
Page 18 | Rule 10(B)(4)–(5) — Steps 4–5
The clerk must mail the complaint and summons by ordinary mail to the defendant’s last known address, obtain a postal certificate of mailing, remail to any corrected or forwarding address reported during the posting period, and docket each mailing.
(6) Step 6. The clerk shall also cause the complaint and summons to be mailed by ordinary mail, address correction requested, to the defendant's last known address. The clerk shall obtain a certificate of mailing from the United States Postal Service. If the clerk is notified of a corrected or forwarding address of the defendant within the six (6) week period that notice is posted pursuant to paragraphs (4) and (5) above, the clerk shall cause the complaint and summons to be mailed to the corrected or forwarding address. The clerk shall note the name, address and date of each mailing in the docket.
Page 18 | Rule 10(B)(6) — Step 6
After the last publication, the publisher or its agent must file an affidavit of publication and a copy of the notice, which together constitute proof of service.
(6) Step 6. After the last publication, the publisher or its agent shall file with the court an affidavit showing the fact of publication together with a copy of the notice of publication. The affidavit and copy of the notice shall constitute proof of service.
Page 18 | Rule 10(A)(6) — Step 6
The clerk must mail the complaint and summons by ordinary mail with address correction requested, obtain a USPS certificate of mailing, remail to a corrected or forwarding address reported during the posting period, and docket each mailing.
(6) Step 6. The clerk shall also cause the complaint and summons to be mailed by ordinary mail, address correction requested, to the defendant's last known address. The clerk shall obtain a certificate of mailing from the United States Postal Service. If the clerk is notified of a corrected or forwarding address of the defendant within the six (6) week period that notice is posted pursuant to paragraphs (4) and (5) above, the clerk shall cause the complaint and summons to be mailed to the corrected or forwarding address. The clerk shall note the name, address and date of each mailing in the docket.
Page 19 | Rule 10 — Service by Publication by Posting and Mail
Service by posting is available in civil protection order proceedings under the cited statutes.
(C) Service by posting is available in “civil protection order proceedings”. Civil protection order proceedings include proceedings under R. C. 3113.31 (civil protection orders) and R.C.2903.214 (civil stalking protection orders).
Page 19 | Rule 10 — Service by Publication by Posting and Mail
The clerk must post the notice at three specified locations for six successive weeks, docket where and when it was posted, and service is complete upon entry of posting.
(4) Step 4. The clerk shall post the notice referred to in paragraph (3) above in three different places: (a) the Holmes County Courthouse 1 Court Street Millersburg, OH 44654, (b) the Holmes County Administration Building 75 E Clinton St, Millersburg, OH 44654, (c) the Holmes County Department of Job and Family Services 85 North Grant St., Millersburg, OH 44654. (5) Step 5. The notice shall remain posted for six (6) successive weeks. (7) Step 7. After the last week of posting, the clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting.
Page 19 | Rule 10 — Service by Publication by Posting and Mail
An objecting party must submit written objections attached to the proposed entry, or may submit an alternative proposed entry, and must serve written objections and alternative entries on counsel and unrepresented parties.
If any objection is made to the proposed Judgment Entry, the objecting party shall state his objection in writing, attach the objections to the Entry, and submit the same with the Court. In the alternative, the objecting party may submit to the Court an alternative proposed Judgment Entry which he/she believes properly reflects the Court’s decision. Written objections and alternative proposed entries shall be served upon all counsel and all parties unrepresented by counsel.
Page 23 | Rule 13(B)(2) Approval by Fewer than Four Parties
Before submitting a judgment entry, prevailing counsel must circulate the original to other trial counsel and appearing unrepresented parties, subject to the stated exceptions and any contrary Court direction.
Except as to certifications, entries granting leave to plead, and matters in which the Court prepares a Judgment Entry, or unless the Court otherwise directs, counsel for the party in whose favor an order, judgment, or decree has being ranted in a civil case shall prepare a Judgment Entry relating the action of the Court and shall submit to the Court the same after circulation of the original to all other trial counsel and all parties unrepresented by counsel who have entered an appearance in the case, within fourteen (14) days of the Court’s decision, unless the time is extended by the Court.
Page 23 | Rule 13(A)(1) Preparation
Counsel preparing a proposed Entry may submit the original Entry directly to the Court for approval without circulation among counsel and parties. Such proposed Entry shall, in lieu of the approval of other counsel, contain a certificate of the submitting counsel that on a specified date he mailed a copy of the Judgment Entry to all counsel or parties whose approval is not endorsed thereon.
Counsel preparing a proposed Entry may submit the original Entry directly to the Court for approval without circulation among counsel and parties. Such proposed Entry shall, in lieu of the approval of other counsel, contain a certificate of the submitting counsel that on a specified date he mailed a copy of the Judgment Entry to all counsel or parties whose approval is not endorsed thereon.
Page 24 | Rule 13(C) Approval by Four or More Parties
Copies of the proposed sale-confirmation entry must be served by regular mail on all parties or their attorneys within seven days after the sale, and proof of service must be filed with the Court.
The plaintiff shall prepare and deliver a proposed entry confirming the sale to the Court, and serve copies upon all parties or their attorneys of record by regular mail within seven (7) days after the date of sale. Proof of service of such proposed Entry shall be filed with the Court.
Page 27 | Rule 15 — Sheriff’s Sales
Subsequent pleadings may be served on an attorney of record by depositing them in the designated drawer, and the deposit constitutes proper and complete service.
All pleadings subsequent to the original Complaint to be served upon any attorney or record in the action by the Clerk, the Court, or opposing counsel may be deposited in the drawer designated for that attorney, firm or association of attorneys, and such deposit shall constitute proper and complete service upon said attorney of record.
Page 37 | RULE 19 — SERVICE UPON LOCAL COUNSEL
Copies of jury-instruction requests must be furnished to all other parties when the requests are made.
Copies of such requests shall be furnished to all other parties at the time of the making of such requests.
Page 50 | Rule 23 — Criminal Case Management Plan
A jury-view request and a copy for opposing counsel must be filed and served at least 14 days before trial.
If a party requests a jury view, said request shall be made in writing and filed with the Court and a copy served upon opposing counsel at least fourteen (14) days before trial.
Page 50 | Rule 23 — Criminal Case Management Plan
When summons issues, the Clerk must serve Defendants/Respondents with the case-management-conference notice together with the summons.
If summons is issued, Defendants/Respondents shall be served with a copy of the notice establishing the case management conference by the Clerk together with the summons.
Page 55
If a party timely files objections, another party may serve objections on all other parties no later than 10 days after the first objections are filed.
If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten (10) days after the first objections are filed.
Page 87 | Parenting Coordination
A party may file written objections to a parenting coordinator’s decision with the Court and serve all other parties to the action within fourteen (14) days of the filing date of the decision.
A party may file written objections to a parenting coordinator’s decision with the Court and serve all other parties to the action within fourteen (14) days of the filing date of the decision.
Page 87 | Parenting Coordination
The Administrative Judge must provide the parenting coordinator with a copy of the complaint.
(3) The Administrative Judge shall provide a copy of the complaint to the parenting coordinator;
A written Answer or motion for extension must be served on the Plaintiff’s attorney, or the Plaintiff if unrepresented, and filed with the Court.
To avoid having a default judgment taken against you, you MUST serve your written Answer or Motion for Extension of Time to Answer or Otherwise Plead upon the attorney for the Plaintiff (or the Plaintiff if the Plaintiff does not have an attorney) AND file your written answer or such Motion with the Court.
Page 1 | CAUTION
(B) Except for special statutory proceedings under RC 3113.31 (civil protection orders) and RC 2903.214 (civil stalking protection orders), service by publication by posting and mail is available only in divorce actions, annulment actions, legal separation actions, actions pertaining to the care, custody, and control of children whose parents are not married, and in all post-decree proceedings and is available only if the plaintiff can prove they are indigent.
(B) Except for special statutory proceedings under RC 3113.31 (civil protection orders) and RC 2903.214 (civil stalking protection orders), service by publication by posting and mail is available only in divorce actions, annulment actions, legal separation actions, actions pertaining to the care, custody, and control of children whose parents are not married, and in all post-decree proceedings and is available only if the plaintiff can prove they are indigent.
Page 18 | Rule 10(B) — Procedure for Service by Publication by Posting and Mail
The Clerk must maintain an individual service drawer for each practicing attorney or attorney group with an office in Holmes County.
The Clerk of this Court shall establish and maintain in the Office of the Clerk an individual drawer for each practicing attorney or firm or association of attorneys who maintain an office within the geographical limits of the County of Holmes.
Page 37 | RULE 19 — SERVICE UPON LOCAL COUNSEL
When Civil Rule 5 requires proof of service, the proof must state whether service was made under this Rule.
Proof of service, when required by Civil Rule 5, shall indicate whether service was made pursuant to this Rule.
Page 37 | RULE 19 — SERVICE UPON LOCAL COUNSEL
Attorneys with offices in Holmes County must regularly check their designated service drawers.
All attorneys maintaining an office within the geographical limits of this County shall regularly check the contents of their individual or firm or association drawer.
Page 37 | RULE 19 — SERVICE UPON LOCAL COUNSEL
An attorney's failure to regularly check the designated drawer does not excuse a claim of lack of proper notice.
Failure in this regard will not excuse a claim of lack of proper notice.
Page 37 | RULE 19 — SERVICE UPON LOCAL COUNSEL
The drawer-service rule also applies to pleadings and notices to the Holmes County Child Support Enforcement Agency in matters involving that Agency.
This Rule shall also apply to service of pleadings and notices to the Holmes County Child Support Enforcement Agency concerning any actions or pleadings which shall involve said Agency in this Court.
Page 37 | RULE 19 — SERVICE UPON LOCAL COUNSEL
The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person should be: (c) Delivered by ordinary mail.
The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person should be: (c) Delivered by ordinary mail.
Page 41 | Rule 20 — Jury Management; (K) Notification and Summoning Procedures
Filing Fees and Waivers
Mediation may not be ordered when a party is indigent unless it is available to that party at no cost.
Mediation shall not be ordered where a party is indigent unless the mediation is available at no cost to the party.
Page 32 | (M) Fees and Costs
The court may impose mediation fees and costs on the parties, and mediation fees are shared equally unless the parties agree otherwise.
The court may impose upon the parties fees and costs for mediation. If there is a fee for mediation, unless otherwise agreed by the parties, the mediation fees shall be shared equally.
Page 32 | (M) Fees and Costs
The court may waive mediation fees and costs for an indigent party.
The court may waive fees and costs for an indigent party.
Page 32 | (M) Fees and Costs
The debtor may be assessed costs for filing the mediation request and for the mediation hearing.
The debtor is further notified that they may be assessed costs for the filing of this request and the mediation hearing.
Page 1 | MEDIATION REQUEST
Pre-Motion Conference Requirements
Pretrial motions are decided without oral hearing unless a party requests one and the Court finds it necessary; absent a hearing, opposition is due within seven days, and rebuttal or reply submissions require prior Court approval.
(3) Pursuant to Crim. R. 47 and to expedite the Court’s business, the Court shall determine all pretrial motions without oral hearing and upon brief written statements of reasons in support and opposition unless oral hearing is requested by the movant in the motion or by the opposing party and oral hearing is determined necessary by the Court. If no oral hearing is determined to be necessary by the Court, any memoranda and supporting documents in opposition to the motion shall be filed with the Court within seven (7) days of the filing of the motion. Rebuttal or reply briefs, memoranda or other documents shall be submitted only with prior approval of the Court.
Page 49 | Rule 23 — Criminal Case Management Plan
Adjournment & Extension Requirements
An extension to plead or file a pleading requires leave of Court, must be requested by motion with a supporting memorandum and draft journal entry, and cannot be established by stipulation alone.
Leave to plead or an extension of time to file a pleading, including but not limited to an answer, motion, reply, or response to request for discovery, shall be upon leave granted by the Court only. No stipulations for extensions of time shall be binding upon the Court. A party desiring an extension of time to file a pleading shall do so by motion, together with supporting memorandum and draft journal entry.
Page 6 | Rule 3 — Time Extensions
An untimely request for leave to plead or an extension must be styled as a Motion for Leave to Plead Instanter, explain the untimeliness in a supporting memorandum and, if necessary, affidavit, and include the proposed pleading and a draft journal entry.
All certifications or motions for leave to plead or extensions which are not filed with the Court before the expiration of the otherwise applicable time period shall be styled a “Motion for Leave to Plead Instanter.” Said motion shall be supported by memorandum and affidavit if necessary, which shall set forth the reason that the pleading was not filed timely. The motion shall be accompanied by the proposed pleading to be filed instanter together with a draft journal entry which may be executed by the Court in the event the “Motion for Leave to Plead Instanter” is granted.
Page 6 | Rule 3 — Time Extensions
Continuance requests generally must be submitted in writing at least seven days beforehand, with a motion, separate proposed entry, and supporting memorandum containing specified information; the Court may excuse the timing for an emergency or other sufficient cause.
Requests for continuance shall be submitted to the judge in writing at least seven (7) days prior to the trial, hearing date or other date set by order or Rule of this Court, absent emergency or other cause deemed sufficient by the Court. Requests for continuance include continuances of case management conferences, pretrial conferences, matters established by scheduling orders, motion dates, trials and any other dates or time limits established by order of the Court or these Rules. Requests for continuance shall be made by written motion and separate proposed journal entry. The motion shall be supported by a memorandum which shall include: (a) The reason for the request for continuance. If the reason is another case scheduled on the same date in another court, the memorandum shall be supported by a copy of that court’s scheduling order setting forth the name of the court and assigned judge, the case caption, the date and time of the conflicting case, and the date that the conflicting case was assigned for trial, together with whether said conflicting case is a criminal or civil matter; (b) The number of continuances of the hearing, trial or other date which is sought to be continued which have been previously made by any party, together with the Court’s ruling upon said requests. (c) The request for continuance shall bear the signature of movant’s client approving the continuance and the necessity thereof.
Page 9 | Continuances
A scheduled mediation may be continued only for good cause after a mutually acceptable future date is determined; pending motions alone are not good cause absent court authorization, and mediation must be schedulable before the final pretrial.
Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the judge or magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.
Page 32 | (L) Continuances
The Court may grant leave to prevent manifest injustice.
Nothing herein shall prevent the Court from granting leave to prevent manifest injustice.
Page 6 | Rule 3 — Time Extensions