Holmes County Court of Common Pleas, General & Domestic Relations Division Document Filing Requirements

CRITICAL

Applies to

Pleading

An attorney must include their Supreme Court registration number with the signature line on any pleading filed with the Court of Common Pleas.

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.

CRITICAL

Applies to

Fax transmission

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.

CRITICAL

Applies to

Summary judgment motion or memorandum

Must include

caption

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.

CRITICAL

Applies to

Summary judgment motion

Must include

proposed order

If summary judgment is granted, the movant must submit a judgment entry granting the requested relief with the motion.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

A moving party must file a supporting memorandum with the motion, including relied-upon authorities and appropriate supporting materials, and a draft judgment entry if the motion is granted.

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.

CRITICAL

Applies to

Proposed journal entry for continuance

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.

CRITICAL

Applies to

Mediation form

Mediation may be conducted only if defendants properly execute and timely submit the mediation form to the Clerk’s office.

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.

CRITICAL

Applies to

Motion to withdraw

When the client consents to withdrawal, counsel must file a written motion to withdraw together with an entry and appearance of substitute counsel.

(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.

CRITICAL

Applies to

Motion to withdraw

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.

CRITICAL

Applies to

Joint pretrial statement

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.

CRITICAL

Applies to

Jury trial materials

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.

CRITICAL

Applies to

Newspaper publication service affidavit

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.

CRITICAL

Applies to

Newspaper publication notice

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.

CRITICAL

Applies to

Motion for service by publication by posting and mail

(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.

(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.

CRITICAL

Applies to

Posting and mail service affidavit

(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.

(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.

CRITICAL

Applies to

Posting and mail service notice

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.

CRITICAL

Applies to

Motion 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.

(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.

CRITICAL

Applies to

Affidavit for service by publication

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.

CRITICAL

Applies to

Notice 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.

CRITICAL

Applies to

Judgment entry

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.

CRITICAL

Applies to

Judgment 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.

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.

CRITICAL

Applies to

Entry or decree

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.

CRITICAL

Applies to

Entry

The original qualifying Entry must bear the Tax Map Office approval stamp before it is submitted to the Court.

The original of any such Entry shall bear the approval stamp of said Tax Map Office prior to submission to the Court.

CRITICAL

Applies to

Judgment entry and journal 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.

CRITICAL

Applies to

Sheriff return

The Sheriff must make a return to the Court by the first Monday after the sale.

By the first Monday following the date of sale, the Sheriff shall make his return to the Court.

CRITICAL

Applies to

Proposed confirmation entry

The plaintiff must prepare and deliver a proposed sale-confirmation entry to the Court and serve copies by regular mail on all parties or their attorneys within seven days after the sale.

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.

CRITICAL

Applies to

Complaint or pleading

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.

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.

CRITICAL

Applies to

Continuation of certificate or certification

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.

CRITICAL

Applies to

Jury questionnaire

(3) The questionnaire shall be phrased and organized so as to facilitate quick and accurate screening

(3) The questionnaire shall be phrased and organized so as to facilitate quick and accurate screening

CRITICAL

Applies to

Discovery packet

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).

CRITICAL

Applies to

Motion

Must include

proposed order

(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.

(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.

CRITICAL

Applies to

Jury view 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.

CRITICAL

Applies to

Jury instruction request

Requested jury instructions must be submitted in writing no later than the close of evidence, or earlier if the Court directs.

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.

CRITICAL

Applies to

Adversarial pleading

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).

CRITICAL

Applies to

Ex parte exclusive possession motion

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.

CRITICAL

Applies to

Ex parte 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.

CRITICAL

Applies to

Joint pre motion hearing statement

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.

CRITICAL

Applies to

Joint pre motion hearing statement

Each party, each party’s counsel if any, and the guardian ad litem if any must sign the joint pre-motion hearing statement.

Joint pre-motion hearing statements shall be signed by each party, counsel for each party (if any) and the guardian ad litem (if any).

CRITICAL

Applies to

Contempt motion

A contempt motion cannot be heard until the Court determines probable cause to punish based on affidavits or other evidence submitted by the moving party.

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.

CRITICAL

Applies to

Draft journal entry

The moving party must provide a draft journal entry establishing probable cause and requiring the contemnor to appear and show cause, with a blank date and time for the conference or other necessary hearing.

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.

CRITICAL

Applies to

Summons

The moving party must submit to the Court, with copies for service, a summons notifying the contemnor of their rights in the contempt proceeding.

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.

CRITICAL

Applies to

Joint 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.

CRITICAL

Applies to

Joint pretrial statement

The domestic relations final pretrial statement must be signed by all counsel and parties and any guardian ad litem.

(c) Domestic relations final pretrial statements shall be signed by all counsel and all parties, together with the guardian ad litem (if any).

CRITICAL

Applies to

Joint final pretrial statement

Evidence, issues, and legal authority at trial are limited to matters in the joint final pretrial statement unless exigent circumstances exist and the Court grants leave.

(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.

CRITICAL

Applies to

Order of appointment

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.

CRITICAL

Applies to

Order of appointment

The Order of Appointment must provide for fees and expenses.

(c) The court shall make provisions for fees and expenses in the Order.

CRITICAL

Applies to

Guardian ad litem final report

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.

CRITICAL

Applies to

Guardian ad litem final report

A copy of the final report must be provided to the court at the hearing.

A copy of the final report shall be provided to the court at the hearing.

CRITICAL

Applies to

Shared parenting plan

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).

CRITICAL

Applies to

Motion

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;

CRITICAL

Applies to

Agreed entry

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;

CRITICAL

Applies to

Agreed entry

An agreed entry must address the establishment, modification, or non-modification of every provision in the Court’s Standard Order of Allocation of Parental Rights and Responsibilities.

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.

CRITICAL

Applies to

Parenting coordinator appointment order

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.

CRITICAL

Applies to

Parenting coordinator decision

Must include

caption, case number

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.

CRITICAL

Applies to

Parenting coordinator report

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).

CRITICAL

Applies to

Parenting coordinator evaluation form

The parenting coordinator must provide the Court’s evaluation form before the first session and at the end of the appointment; the parties must complete it and submit it to the Administrative Judge.

(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.

CRITICAL

Applies to

Parenting coordinator misconduct complaint

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.

CRITICAL

Applies to

Annual parenting coordination report

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.

CRITICAL

Applies to

Affidavit for service by publication or posting

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___.

WARNING

Applies to

Proposed findings conclusions

After a timely Rule 52 request, the Court may direct either party to prepare proposed findings and conclusions within seven days and submit them to the Court and opposing counsel or unrepresented parties.

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.

WARNING

Applies to

Objections or counterproposals

The opponent must submit any written objections or counterproposals to the Court within seven days after the proposed findings and conclusions are submitted.

Within seven (7) days thereafter, the opponent shall submit any objections or counterproposals to the Court in writing.

WARNING

Applies to

Jury service notice and questionnaire

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;

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;

WARNING

Applies to

Jury service notice and questionnaire

(b) Phrased so as to be readily be understood by an individual unfamiliar with the legal an jury system;

(b) Phrased so as to be readily be understood by an individual unfamiliar with the legal an jury system;

WARNING

Applies to

Jury 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;

(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;

WARNING

Applies to

Jury instruction request

The Court prefers jury-instruction requests to be submitted in writing at least seven days before trial; Crim. R. 30(A) governs the requests.

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.

WARNING

Applies to

Ex parte motion

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.

WARNING

Applies to

Joint pre motion hearing statement

An alleged contemnor need not produce information that would violate constitutional rights, including the right against self-incrimination.

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.

WARNING

Applies to

Pretrial order

(e) Following the final pretrial conference, the Court shall prepare a written pretrial order which embodies the matters discussed and agreed upon at the conference. The Court may direct counsel to prepare a draft of such pretrial order, pursuant to Local R. 13.

(e) Following the final pretrial conference, the Court shall prepare a written pretrial order which embodies the matters discussed and agreed upon at the conference. The Court may direct counsel to prepare a draft of such pretrial order, pursuant to Local R. 13.

WARNING

Applies to

Mediation request questionnaire

All information requested on the mediation questionnaire must be provided for the request to be processed.

In order to process this request, all information asked on this questionnaire must be provided.

WARNING

Applies to

Mediation request questionnaire

Debtors seeking mediation must complete one form for all debtors on the loan and return it to the Court at the stated address.

To determine if you are eligible for mediation, please complete one form for all debtors on the loan and return it to the Holmes County Common Pleas Court at 1 East Jackson Street, Millersburg, Ohio 44654.

INFO

Applies to

Jury instructions

Counsel may refer to standard Ohio Jury Instructions volumes and sections when providing jury instructions.

Jury instructions may be referred to by referencing standard Ohio Jury Instructions volumes and sections.

INFO

Applies to

Rule 10 forms

Parties may use their own forms instead of the Appendix forms if they are substantially similar.

Please note that the parties are not required to use the exact forms in the Appendices of this Rule. Parties may draft their own forms which will be acceptable as long as they are substantially similar.

INFO

Applies to

Guardian ad litem report

Parties and their legal representatives may access written reports in person or by phone.

Written reports may be accessed in person or by phone by the parties or their legal representatives.

INFO

Applies to

Mediation request questionnaire

A separate sheet may be attached if additional space is needed.

If you need additional space, attach a separate sheet.