Huron County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Affidavits, Deposition Portions, Exhibits, Supporting or Opposing Documentation
- 1 copy
Courtesy copies
- 1 copy
Adjournments
- Continuance requests must be made by a written motion complying with Civil Rule 7(B), state counsel’s contact with other counsel and their willingness to accommodate, certify that a copy was mailed or delivered to the client, and be served under Civil Rule 5.
- A continuance of a hearing or trial may be granted only by a Judge or Magistrate and only for good cause.
- An extension for a deadline not involving a court hearing is permitted only upon a showing that it will not interrupt the scheduled movement of the case.
- +38 more
Request must include
Page & Word Limits1 rule
Fax filings shall not exceed 35 pages in length.
- Fax filing
- Up to 35 pages
Document Format Requirements18 rules
All pleadings, motions and memoranda filed or submitted by facsimile with the Court shall have a top margin of at least one and one-half (1½) inches, be typewritten, and contain the following information:
- Margins
- Top 1.5 inches
Formatting
- •Documents must be typewritten
15.04 - Amended Pleadings or Motions - No pleading or motion shall be amended by interlineation or obliteration except upon express leave of the assigned Judge first obtained.
All motions, briefs and memoranda, pro and contra, shall be filed in duplicate.
- Motion
- Brief
- Memorandum
Formatting
- •File in duplicate
Any exhibit admitted into evidence larger than that which will fit into a letter-sized manilla envelope will have to have a photo substituted in its place for purposes of storage.
Pleadings, motions, and memoranda filed or submitted by facsimile must be typewritten and have a top margin of at least 1½ inches.
- Margins
- Top 1.5 inches
- Pleading
- Motion
- Memorandum
Formatting
- •Must be typewritten; applies to filings or submissions by facsimile
Court's wording
15.01 - Filing Requirement and Designations - All pleadings, motions and memoranda filed or submitted by facsimile with the Court shall have a top margin of at least one and one-half (1½) inches, be typewritten, and contain the following information:
The petition shall be typewritten or legibly hand written
All motions, briefs and memoranda, pro and contra, shall be filed in duplicate.
The original and three copies of Judgment Entries must be provided to the Clerk in all domestic relations cases involving minor child(ren).
Formatting
- •Provide the Clerk with the original judgment entry and three copies
All requests for continuances must be by written motion which complies with Civil Rule 7(B).
Instructions filed with the Court should consist of one set numbered containing citations and one set unnumbered without citations suitable for submission to the jury. Each instruction should be set forth on a separate page.
Name of the counsel and of the Trial Judge shall be typed or printed upon the entry.
All briefs and memoranda, pro and contra, and all motions, briefs and memoranda thereto, pro and contra, shall be filed in duplicate.
An admitted exhibit too large to fit in a letter-sized manilla envelope must be replaced with a photograph for storage.
Court's wording
27.05 - Regarding Size of Exhibits - Any exhibit admitted into evidence larger than that which will fit into a letter-sized manilla envelope will have to have a photo substituted in its place for purposes of storage.
When granted, such oral argument shall not exceed fifteen (15) minutes per side unless extended by the Judge.
Such argument shall not exceed fifteen (15) minutes per side unless extended by such Judge.
Any exhibit admitted into evidence larger than that which will fit into a letter-sized manilla envelope will have to have a photo substituted in its place for purposes of storage. Original exhibits will be returned for retention to the offering party.
Forms may be typed or completed in longhand, but they must be legible.
Objections to instructions for the view may be made orally and will be determined on the day of trial.
Document Filing Requirements210 rules
Each attorney requesting to be included on the list shall certify that they are qualified for the nature and type of case assigned.
Assigned counsel must request reimbursement for transcript and expert costs by separate motion, not on the same form as requests for attorney fees and other expenses.
Court's wording
Assigned counsel may not submit a request for reimbursement for costs of transcripts and experts on the same form as the request for attorney fees and other expenses. Requests for reimbursement for the costs of transcripts and experts must be submitted through a separate motion.
Applications for fees which are greater than the maximum allowed by the Huron County Fee Schedule for Appointed Counsel must be accompanied by a Motion for Extraordinary Fees and a proposed Judgment Entry.
Fees and expenses for representation shall be submitted to the Court on the forms established by the Office of the Ohio Public Defender within 30 days of final disposition.
3. A written summary of the audit shall be filed annually with the Administrative Judge.
11.03 - Poverty Affidavit - A poverty affidavit filed in lieu of a cash deposit must state the reasons for the inability to prepay costs and is subject to Court review at any stage of the proceedings.
2. The current address of all parties to the action shall be included on the original pleadings. A post judgment motion for purposes of this rule shall be considered an original pleadings.
1. Name, address, telephone number and Supreme Court registration number of counsel. If counsel is a firm of attorneys, the attorney having primary responsibility for the case shall be indicated thereon.
When a party is added after a case begins, the caption of the first relevant pleading must state the new party’s name and address and designate the party as a new plaintiff or defendant.
- Document
- First pleading adding new party
- Placement
- Caption
Court's wording
15.03 -New Parties Added - When a new party plaintiff or defendant is added to a case after the commencement thereof, the caption of the first pleading in which or after which such new party is added shall contain the name of such new party, together with his or its address followed by the specific designation of “new party plaintiff” or “new party defendant” as is applicable.
3. The name of the Judge to whom the case is assigned.
Include
- •Judge name
Counsel shall file with the Clerk of Court’s Office written notice of any change of address.
- Document
- Change of address notice
Must include
- •Written notice of any change of address
A fax filer need not submit the source document to the Clerk, but must retain the source document and cover sheet, make them available to the court on request, and keep the source document until the case is closed and post-judgment relief opportunities are exhausted.
Court's wording
The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
The name of the attorney preparing judgment entries shall be typed in the lower left-hand corner of the last page of the entry and prefaced by the words “prepared by (attorney’s name)”.
Every fax filing must include a cover page with the court and case details, document title, transmission date and fax number, page count, filer’s contact information, and an explanation of how costs are being submitted.
Court's wording
All fax filings shall be submitted to the Clerk of Courts (419-663-4048) and provide a cover page containing the following information: 1. the name of the court; 2. the title of the case, case number (if known); 3. the title of the document being filed; 4. the date of the transmission; 5. the transmitting fax number; 6. the number of pages including the cover page; 7. the name, address, telephone number of the person filing the fax document; 8. a statement explaining how costs are being submitted.
A separately filed missing exhibit must have a case-caption cover sheet identifying the court, case, number, judge, and exhibit title, and the exhibit filing must be signed and served under the rules for pleadings.
- Document
- Missing exhibit cover sheet
Must include
- •Caption
- •Judge name
Court's wording
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
Each motion for an extension shall be in writing and shall state the number of prior extensions granted. An entry shall accompany each motion.
The party responding shall file with the Court a certification that answers to interrogatories have been served on the adverse party.
A videotape deposition must be accompanied by the relevant transcript, certified by the transcriber as true and accurate.
Court's wording
A copy of the transcript of the testimony or such portion thereof as is necessary to rule on any objections shall accompany a videotape deposition. The transcript shall be certified by the transcriber to be a true and accurate transcription.
Every listed filing must have an attached certificate of service identifying the names and addresses of those served, rather than merely saying “all parties or counsel of record.”
- Document
- Pleading motion brief memorandum or other writing
Must include
- •Certificate of service
Court's wording
Proof of service of all pleadings, motion, briefs, memorandum or other writing filed with Court shall be by certificate of service attached to such pleading, motion, brief, memorandum or other writing and shall include the names and addresses of the attorneys and/or parties served, not simply “all parties or counsel of record”.
The party filing the motion shall file with it and cause to be served on the opposing party(s) a Notice of Non-Oral Hearing, supporting documentation, if any, and a memorandum of authorities in support of the motion.
The party filing the motion shall file with it and cause to be served on the opposing party(s) a Notice of Non-Oral Hearing, supporting affidavits, depositions, exhibits and documentation and a memorandum of authorities in support of the motion.
The moving party shall calculate the appropriate time frame and schedule the motion by filing with the Court a Notice of Non-Oral Hearing.
An attorney may withdraw from a pending case only with substitution or good cause and court approval, and must submit a motion, proposed entry, and affidavit containing specified information and a certificate of service.
- Document
- Withdrawal motion
Must include
- •Certificate of service
Court's wording
No attorney shall be allowed to withdraw without substitution of counsel in a pending case without good cause shown and the court granting said motion. Attorneys seeking to withdraw shall submit to the Judge a motion, proposed entry and affidavit setting forth the reason counsel seeks to withdraw and certifying that counsel has informed his client by certified mail of his intent to withdraw and notice to the client of the nature, date and time of the next pending proceeding before the Court, the arrangements by which the client may obtain his papers, items of evidence and file materials from counsel and notice to the client to obtain replacement counsel as soon as possible and to notify the court of the identity of his substitute counsel. There must also be a certificate of service to the opposing counsel.
An attorney may withdraw by filing a Notice of Substitution of Counsel that identifies the substitute attorney, is signed by both attorneys, and includes a certificate of service to opposing counsel.
- Document
- Notice of substitution of counsel
Must include
- •Certificate of service
Court's wording
An attorney may withdraw in a pending case where he files a Notice of Substitution of Counsel identifying the name, Supreme Court registration number, address, and telephone number of the attorney substituting his appearance. The Notice of Substitution of Counsel shall be signed by the withdrawing and substituted counsel and contain a certificate of service to the opposing counsel.
Ninety (90) days before trial Plaintiff(s) and Defendant(s) shall DISCLOSE to each other and file with the Court the name, address and subject area of EXPERT WITNESSES expected to testify at trial.
Counsel so requesting shall inform the Sheriff in writing seven (7) days before trial and deposit fifty dollars ($50.00) with the Clerk of Courts, which will be applied to transportation costs.
COUNSEL SHALL NOT MAKE REFERENCE IN OPENING STATEMENT TO A WITNESS NOT SO DISCLOSED.
A transcript of deposition testimony shall be provided to the Court and objections shall be noted to the page(s) and lines. Videotaped objections shall additionally be time-marked at the beginning and end of each objection.
Instructions for the view shall be in writing, served on opposing counsel and filed with the Court seven (7) days before trial.
COUNSEL SHALL NOT MAKE REFERENCE IN OPENING STATEMENT TO AN EXHIBIT NOT SO DISCLOSED.
Names and addresses of WITNESSES expected to testify at trial, except rebuttal witnesses, shall be served on opposing counsel and filed with the Court seven (7) days before trial.
A request for a JURY VIEW shall be in writing and filed with the Court seven (7) days before trial.
party may file additional instructions for the view, provided they are in writing and served, so that they are actually received by opposing counsel and filed with the Court not later than noon on the day before trial.
A continuance motion must comply with Civil Rule 7(B), include the required statement about contact with other counsel, and certify that a copy was mailed or delivered to the moving party’s client.
Court's wording
All requests for continuances must be by written motion which complies with Civil Rule 7(B). The motion shall state that counsel for the moving party has contacted the other counsel in the case and whether other counsel are willing to accommodate the request for a continuance. The moving party shall certify that a copy of the motion was mailed/delivered to his client.
Unless the trial Judge otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered, shall within five (5) days thereafter prepare the proper journal entry, and submit it to the counsel for the adverse party, who shall approve or reject
A motion for continuance based on an attorney’s Continuing Legal Education attendance must have proof of the prior commitment attached.
Court's wording
When a continuance of a cause is requested on the grounds that an attorney interested in the case is attendance of Continuing Legal Education, proof of such prior commitment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.
In order to obtain a continuance on these grounds, the party making the application must support the same by affidavit stating therein what he expects to prove by such witness.
Within five (5) days after receipt of such proposed statement each opposing party shall submit to the Court a proposed statement of findings of fact and conclusions of law.
When the entry is approved by counsel, it shall be so endorsed and presented to the Judge to whom the case is assigned for approval and if signed by him shall then be filed with the Clerk. If counsel are unable to agree upon the entry, it shall be submitted to the Trial Judge, who will direct what entry shall be made.
The attorney who represents the judgment creditor shall include in the complaint a statement setting forth to the best of his knowledge the last known address of the defendant or defendants.
A complaint seeking a Cognovit judgment must contain or be accompanied by an affidavit stating either that the maker resides in Huron County or that a maker signed the warrant or attorney in Huron County.
Court's wording
When a complaint is presented to the Court for the rendering of a Cognovit judgment, it shall contain, or be accompanied by, an affidavit to the effect: 1. That the maker of the Cognovit now resides in Huron County, or 2. That the maker, or any one of several makers, of the Cognovit note signed the warrant or attorney in Huron County.
A party requesting separate findings under Civil Rule 52 must submit proposed findings and conclusions within five days after receiving notice of the decision.
Court's wording
When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, the party requesting such statement shall, within five (5) days after the receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof to all opposing parties or their counsel.
The title evidence must contain the specified ownership and recording information, but the court may permit a qualified alternative preparer for good cause, and certified or photostatic copies may be filed instead of the original.
Court's wording
In actions to quiet title, partition and for the marshaling and foreclosure of liens on real property and except those involving foreclosure of real property for delinquent land taxes by In Rem proceedings under Section 5721.18, the attorney for the plaintiff shall procure and file with the Clerk, within thirty (30) days after the filing of the complaint, evidence of the state of the record title to the premises in question including the name of the owners of the property to be sold and a reference to the volume and page of the recording of the next preceding recorded instrument by or through which the owners claim title as the same shall have been prepared and extended by a responsible title and abstract company to a date not over thirty (30) days prior to the filing of the complaint. The Court may, however, upon motion and notice to all interested parties and for good cause shown, permit such evidence of title to be prepared by any qualified person of recognized good standing. A true copy certified by the attorney or a photostatic copy of the original evidence of title may be filed with the Clerk in lieu of such original.
A statement of the costs for the title work and the Judicial Report premium shall be filed with the Clerk before the sale will be confirmed.
At entry of judgment, a final title-extension certificate must be prepared and filed showing the property location and record title no more than 30 days before the decree.
Court's wording
At the time of entry of judgment in any such case a final certificate of extension of the evidence of title shall be prepared and filed in accordance with the foregoing requirements showing the address or location of the property and the record state of title as of a date not more than thirty (30) days prior to the taking of the decree.
It shall, however, be the responsibility of the attorney for the plaintiff to provide for payment of real estate taxes in the confirmation order.
Requests for permission for the broadcasting, televising, recording or taking of photographs in the courtroom shall be in writing and the written permission of the judge shall be made a part of the record of the proceedings.
The media shall not film, videotape, record or photograph a witness unless that witness has consented before the hearing in writing on a form provided by the Court. The written consent shall be made a part of the court’s record.
If the settlement is within two (2) days or less prior to the arbitration, the Settlement & Dismissal Entry shall also contain an order for payment of fees to the arbitrations, designating their names, addresses and amounts due.
In the event that a case is settled or dismissed more than two (2) days prior to the date of hearing, the parties shall file the standard Settlement & Dismissal Entry, shall serve the Assignment Commissioner with a copy, and shall notify the arbitrators of the settlement.
Filing & Service rules
Electronic Filing Rules
Cognovit promissory notes may not be filed by fax.
The following documents will not be accepted for fax filing: cognovit promissory notes.
Page 25 | 16.01 - Applicability
A fax-filed document is accepted as the effective original filing.
A document filed by fax shall be accepted as the effective original filing.
Page 25 | 16.02 - Original Filing
A fax filing received by the Clerk is treated as an original signed document, and no later original is required.
Fax filings received by the Clerk of Courts are considered to be an original, signed document and need not be followed by an original.
Page 26 | 16.05 - Signature
Fax filings may be transmitted only to the Clerk of Courts office, not directly to the court.
Fax filings may NOT be sent directly to the court for filing but may only be transmitted to the Clerk of Courts office.
Page 27 | Facsimile Filing
In civil cases, the specified discovery requests must not be filed with the Court.
19.02 - Civil Rule 33, 34, 36, 37 or 26 c - In civil cases interrogatories under Civil Rule 33, Requests for Production or Inspection under Civil Rule 34, and Requests for Admissions under Civil Rule 36, shall be served upon other counsel or parties in accordance with such rules, but shall not be filed with the Court.
Page 28 | 19.02 - Civile Rule 33, 34, 36, 37 or 26 c
Pleadings and other papers may be fax-filed with the Clerk at 419-663-4048 in civil, criminal, and domestic relations proceedings, but cognovit promissory notes are not accepted.
Pleadings and other papers may be filed with the Clerk of Courts by facsimile transmission to 419-663-4048 subject to the following conditions: 16.01 - Applicability - These rules apply to civil, criminal, and domestic relations proceedings in the Huron County Common Pleas Court, General Division. The following documents will not be accepted for fax filing: cognovit promissory notes.
Page 61 | RULE 16. FACSIMILE FILING
A petitioner for a Certificate of Qualification for Employment must apply online at www.drccqe.com using the DRC petition.
35.21 - Petition for Certificate of Qualification for Employment (CQE) - The Petitioner shall apply online at www.drccqe.com by completing the DRC Petition for CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT.
Page 74 | 35.21 - Petition for Certificate of Qualification for Employment (CQE)
In civil cases, the specified discovery requests must not be filed with the court.
In civil cases interrogatories under Civil Rule 33, Requests for Production or Inspection under Civil Rule 34, and Requests for Admissions under Civil Rule 36, shall be served upon other counsel or parties in accordance with such rules, but shall not be filed with the Court.
Page 90 | 19.02 - Civil Rule 33, 34, 36, 37 or 26 c
Pleadings and other papers may be filed with the Clerk of Courts by fax at 419-663-4048, subject to the rule’s conditions.
Pleadings and other papers may be filed with the Clerk of Courts by facsimile transmission to 419-663-4048 subject to the following conditions:
Page 25 | RULE 16. FACSIMILE FILING
The Clerk’s office accepts faxed documents 24 hours a day, seven days a week, including holidays.
The office of the Clerk of Court will accept faxed documents 24 hours per day seven days per week including holidays.
Page 63 | 16.07 - Time of Filing
Pleadings and other papers may be filed with the Clerk of Courts by fax at 419-663-4048, subject to the stated conditions.
Pleadings and other papers may be filed with the Clerk of Courts by facsimile transmission to 419-663-4048 subject to the following conditions:
Page 87 | RULE 16. FACSIMILE FILING
A fax filing received by the Clerk is treated as an original signed document, and no follow-up original is required.
Fax filings received by the Clerk of Courts are considered to be an original, signed document and need not be followed by an original.
Page 88 | 16.05 - Signature
Filing Timing and Cure Windows
Representation fees and expenses must be submitted within 30 days of final disposition; untimely billing may leave the County not responsible for the portion the state would have reimbursed.
Fees and expenses for representation shall be submitted to the Court on the forms established by the Office of the Ohio Public Defender within 30 days of final disposition. If your statement for services in not presented in a timely manner, the County will not be responsible for payment for that portion of your statement for services that would have been reimbursed by the state had your billing been timely submitted.
Page 10 | RULE 10. COURT APPOINTED COUNSEL
Modifications and terminations of protection orders must be reported within 24 hours.
3. Modifications and terminations must be reported within twenty-four (24) hours.
Page 13 | Protection Order Reporting
Final orders of mental illness adjudication, incompetency, or court-ordered hospitalization must be submitted to the Ohio Attorney General’s Office within seven days of the final judgment entry.
1. All final orders of mental illness adjudication, incompetency, or court-ordered hospitalization shall be submitted to the Ohio Attorney General’s Office within seven (7) days of the final judgment entry; and
Page 13 | Mental Health Adjudication Reporting
Civil and criminal protection orders, including temporary, final, and consent orders, must be entered into the NCIC Protection Order File through LEADS within 24 hours of issuance.
1. All civil and criminal protection orders (including Temporary, Final, and Consent Agreements) shall be entered into the NCIC Protection Order File through LEADS within twenty-four (24) hours of issuance;
Page 13 | Protection Order Reporting
Discrepancies or missing data must be reported immediately to the Administrative Judge and corrected within 14 business days.
2. Discrepancies or missing date shall be reported immediately to the Administrative Judge and corrected within fourteen (14) business days.
Page 14 | Accuracy and Records Review
License suspensions, reinstatement orders, and other reportable actions must be transmitted to the Bureau of Motor Vehicles within two business days of the journalized order.
1. License suspensions (including ALS, FRA, and court-imposed suspensions), reinstatement orders, and other reportable actions must be transmitted to the Bureau of Motor Vehicles via the Ohio Courts Network or applicable Bureau of Motor Vehicles interface within two (2) business days of the journalized order.
Page 14 | Reporting to the Ohio Department of Public Safety’s Bureau of Motor Vehicles (BMV)
1. An internal audit will be conducted quarterly by the Clerk’s Office to review a random sample of records submitted under (A)(1)-(5) of this rule for accuracy and completeness. Discrepancies and missing data shall be reported immediately to the Judge and corrected within fourteen (14) business days.
1. An internal audit will be conducted quarterly by the Clerk’s Office to review a random sample of records submitted under (A)(1)-(5) of this rule for accuracy and completeness. Discrepancies and missing data shall be reported immediately to the Judge and corrected within fourteen (14) business days.
Page 14 | Accuracy and Records Review
Unless the court orders otherwise, a missing exhibit must be filed as a separate document no later than five court days after the fax document is filed.
Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document.
Page 26 | 16.06 - Exhibits
An accepted fax filing is considered filed at the date and time the Clerk received the fax transmission.
Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the fax transmission was received by the Clerk of Court.
Page 26 | 16.07 - Time of Filing
The date and time the Clerk receives a fax filing determine its filing time.
received by the Clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the document will determine the time of filing.
Page 27 | Facsimile Filing
When seeking relief under Civil Rule 26(c) or 37, the disputed portions of the relevant discovery documents must be filed with the motion contemporaneously.
If relief is sought under Civil Rule 26(c) or Civil Rule 37 concerning any interrogatories, requests for production or inspection and requests for admissions, copies of the portions of such documents which are in dispute shall be filed with the Court contemporaneously with any motion filed under Civil Rule 26 (c) or Civil Rule 37.
Page 28 | 19.02 - Civile Rule 33, 34, 36, 37 or 26 c
Videotape depositions intended for trial must be filed with the Clerk for editing at least seven days before trial; late tapes will not be presented to the jury unless the Court grants leave for good cause.
If videotape depositions are to be used in the trial of a case, the tape(s) must be filed with the Clerk of Courts, for editing by the court, no later than seven (7) days prior to trial. Any videotapes submitted after this date will not be presented to the jury, unless for good cause shown, the Court grants leave to file said depositions out of rule.
Page 28 | 21.02 - Videotaped Depositions and Testimony
The moving party must schedule a summary judgment motion for the first non-oral hearing date at least 28 days after the later of filing or the service date stated in the motion’s certificate.
Motions for Summary Judgment - shall be scheduled for a non-oral hearing by the party filing the motion by noting the option on the first non-oral hearing calendar date that is at least 28 days after the date of filing the motion with the Court or the date of service set forth on the certificate of service attached to the motion, whichever is later.
Page 29 | 25.01 - Non-Oral Hearing Motions
The moving party must schedule other civil motions for the first non-oral hearing date at least 14 days after the later of filing or the service date stated in the motion’s certificate.
Other Civil Motions - shall be scheduled for a non-oral hearing by the party filing the motion by noting the motion on the first non-oral hearing calendar date that is at least 14 days after the actual date of filing the motion with the Court or the date of service set forth on the certificate of service attached to the motion, whichever is later.
Page 30 | 25.01 - Non-Oral Hearing Motions
Not later than 14 days before the date of the non- oral hearing, the opposing party(s) shall file with the Court and cause to be served upon the moving party opposing affidavits, depositions, exhibits and documentation and a memorandum of authorities opposing the motion.
Not later than 14 days before the date of the non- oral hearing, the opposing party(s) shall file with the Court and cause to be served upon the moving party opposing affidavits, depositions, exhibits and documentation and a memorandum of authorities opposing the motion.
Page 30 | 25.01 - Non-Oral Hearing Motions
Opposing parties must file any opposing documentation and their memorandum of authorities no later than seven days before the non-oral hearing.
Not later than 7 days before the date of the non-oral hearing, the opposing party(s) shall file with the Court and cause to be served on the moving party opposing documentation, if any, and a memorandum of authorities opposing the motion.
Page 30 | 25.01 - Non-Oral Hearing Motions
All affidavits, depositions, exhibits, and documentation must be filed and served so they are actually received by 1:00 p.m. on the day before the non-oral hearing.
All affidavits, depositions, exhibits and documentation must be filed with the court and served on the opposing party(s) so as to be actually received not later than 1:00 p.m. on the day before the non-oral hearing.
Page 30 | 25.01 - Non-Oral Hearing Motions
An oral hearing request must be made at least 7 days before the non-oral hearing, except for Local Rule 25.01(b) motions, and the oral hearing cannot be scheduled earlier than the non-oral hearing.
The oral hearing will not be scheduled earlier than the date and time of the non-oral hearing. The request for the oral hearing must be made at least 7 days before the non-oral hearing date, except in the case of Local Rule 25.01(b) motions.
Page 31 | Civil Motions and Hearings
The parties must file expert witness identifying information with the Court 90 days before trial.
Ninety (90) days before trial Plaintiff(s) and Defendant(s) shall DISCLOSE to each other and file with the Court the name, address and subject area of EXPERT WITNESSES expected to testify at trial.
Page 34 | 31.05 - Civil Trial Order
Trial briefs must be filed with the Court seven days before trial.
TRIAL BRIEFS shall be served on opposing counsel and filed with the Court seven (7) days before trial.
Page 34 | 31.05 - Civil Trial Order
Rebuttal expert witness identification must be disclosed and filed 60 days before trial.
Rebuttal expert witness identification shall be disclosed and filed sixty (60) days before trial.
Page 34 | 31.05 - Civil Trial Order
Pretrial motions, including summary judgment motions, may be filed if timely under Local Court Rule 25 and scheduled for hearing no later than the pretrial conference.
Permission is granted to file PRE-TRIAL MOTIONS, including motions for summary judgment, if any, provided such motions are timely filed and scheduled pursuant to Local Court Rule 25, so that the oral or non-oral hearing date is scheduled not later than the pretrial conference scheduled above.
Page 34 | 31.05 - Civil Trial Order
Service and Proof of Service Rules
The Clerk must serve a date-stamped copy of the judgment entry on every party who has appeared, unless the requirement is waived in writing.
The Clerk shall serve a date-stamped copy of the entry on all parties who have appeared unless this requirement is waived in writing.
Page 25 | 15.07 - Attorney Signature Requirement
A separately filed missing exhibit must be served in conformance with the rules governing service of pleadings in the court.
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
Page 26 | 16.06 - Exhibits
Filers must not transmit service copies by fax.
The filer shall not transmit service copies by fax.
Page 27 | 16.09 - Length of Document
In civil cases, interrogatories, requests for production or inspection, and requests for admissions must be served under the applicable rules but must not be filed with the Court.
19.02 - Civil Rule 33, 34, 36, 37 or 26 c - In civil cases interrogatories under Civil Rule 33, Requests for Production or Inspection under Civil Rule 34, and Requests for Admissions under Civil Rule 36, shall be served upon other counsel or parties in accordance with such rules, but shall not be filed with the Court.
Page 28 | 19.02 - Civile Rule 33, 34, 36, 37 or 26 c
The filing party must serve the Notice of Non-Oral Hearing, any supporting documentation, and supporting memorandum of authorities on the opposing parties with the motion.
The party filing the motion shall file with it and cause to be served on the opposing party(s) a Notice of Non-Oral Hearing, supporting documentation, if any, and a memorandum of authorities in support of the motion.
Page 30 | 25.01 - Non-Oral Hearing Motions
Not later than 14 days before the date of the non- oral hearing, the opposing party(s) shall file with the Court and cause to be served upon the moving party opposing affidavits, depositions, exhibits and documentation and a memorandum of authorities opposing the motion.
Not later than 14 days before the date of the non- oral hearing, the opposing party(s) shall file with the Court and cause to be served upon the moving party opposing affidavits, depositions, exhibits and documentation and a memorandum of authorities opposing the motion.
Page 30 | 25.01 - Non-Oral Hearing Motions
Opposing parties must serve any opposing documentation and their memorandum of authorities on the moving party no later than seven days before the non-oral hearing.
Not later than 7 days before the date of the non-oral hearing, the opposing party(s) shall file with the Court and cause to be served on the moving party opposing documentation, if any, and a memorandum of authorities opposing the motion.
Page 30 | 25.01 - Non-Oral Hearing Motions
The filing party must serve the Notice of Non-Oral Hearing and supporting materials on the opposing parties with the motion.
The party filing the motion shall file with it and cause to be served on the opposing party(s) a Notice of Non-Oral Hearing, supporting affidavits, depositions, exhibits and documentation and a memorandum of authorities in support of the motion.
Page 30 | 25.01 - Non-Oral Hearing Motions
All affidavits, depositions, exhibits, and documentation must be served so they are actually received by 1:00 p.m. on the day before the non-oral hearing.
All affidavits, depositions, exhibits and documentation must be filed with the court and served on the opposing party(s) so as to be actually received not later than 1:00 p.m. on the day before the non-oral hearing.
Page 30 | 25.01 - Non-Oral Hearing Motions
A withdrawal submission must include a certificate of service to opposing counsel.
There must also be a certificate of service to the opposing counsel.
Page 33 | RULE 29. WITHDRAWAL OF COUNSEL
The Notice of Substitution of Counsel must include a certificate of service to opposing counsel.
The Notice of Substitution of Counsel shall be signed by the withdrawing and substituted counsel and contain a certificate of service to the opposing counsel.
Page 33 | RULE 30. SUBSTITUTION OF COUNSEL
Counsel seeking to withdraw must inform the client by certified mail of the withdrawal and specified information about the next proceeding, case materials, and replacement counsel.
Attorneys seeking to withdraw shall submit to the Judge a motion, proposed entry and affidavit setting forth the reason counsel seeks to withdraw and certifying that counsel has informed his client by certified mail of his intent to withdraw and notice to the client of the nature, date and time of the next pending proceeding before the Court, the arrangements by which the client may obtain his papers, items of evidence and file materials from counsel and notice to the client to obtain replacement counsel as soon as possible and to notify the court of the identity of his substitute counsel.
Page 33 | RULE 29. WITHDRAWAL OF COUNSEL
Trial briefs must be served on opposing counsel and filed with the Court seven days before trial.
TRIAL BRIEFS shall be served on opposing counsel and filed with the Court seven (7) days before trial.
Page 34 | 31.05 - Civil Trial Order
Rebuttal expert witness identification must be disclosed to the opposing party 60 days before trial.
Rebuttal expert witness identification shall be disclosed and filed sixty (60) days before trial.
Page 34 | 31.05 - Civil Trial Order
MOTIONS IN LIMINE and OBJECTIONS IN DEPOSITIONS to be used in trial and briefs in support thereof shall be served on opposing counsel and filed with the Court
MOTIONS IN LIMINE and OBJECTIONS IN DEPOSITIONS to be used in trial and briefs in support thereof shall be served on opposing counsel and filed with the Court
Page 34 | 31.05 - Civil Trial Order
Expert reports intended to be admitted at trial must be exchanged at least 21 days before trial.
Expert’s Reports shall be exchanged at least 21 days prior to trial if they are intended to be admitted into evidence at trial.
Page 34 | 31.05 - Civil Trial Order
The parties must disclose expected expert witness identifying information to each other 90 days before trial.
Ninety (90) days before trial Plaintiff(s) and Defendant(s) shall DISCLOSE to each other and file with the Court the name, address and subject area of EXPERT WITNESSES expected to testify at trial.
Page 34 | 31.05 - Civil Trial Order
Counsel must mark and exchange exhibits, other than rebuttal exhibits, no later than one half hour before trial begins.
EXHIBITS, except rebuttal exhibits, shall be marked and exchanged by counsel not later than one half hour before trial commences.
Page 35 | Civil Trial Order
Names and addresses of expected trial witnesses, other than rebuttal witnesses, must be served and filed seven days before trial.
Names and addresses of WITNESSES expected to testify at trial, except rebuttal witnesses, shall be served on opposing counsel and filed with the Court seven (7) days before trial.
Page 35 | Civil Trial Order
Jury-view instructions must be served on opposing counsel seven days before trial.
Instructions for the view shall be in writing, served on opposing counsel and filed with the Court seven (7) days before trial.
Page 35 | Civil Trial Order
Responding briefs must actually be received by opposing counsel by noon on the day before trial.
Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than noon of the date before trial.
Page 35 | Civil Trial Order
Each party must serve opposing counsel and file with the Court a schedule of proposed exhibits seven days before trial.
A schedule of each party’s proposed exhibits shall be served on opposing counsel and filed with the Court seven (7) days before trial.
Page 35 | Civil Trial Order
Filing Fees and Waivers
The filing fee or deposit for a cross-claim or motion to intervene is $275.00.
$ 275.00 Cross-claims/Motion to Intervene
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
An Order in Aid of Execution or Debtor’s Exam costs $100.00.
$ 100.00 Order in Aid of Execution/Debtor’s Exam
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
An Order of Sale has a $1,000.00 filing fee, in addition to a separately listed $220.00 Real Auction Fee.
$1,000.00 Order of Sale (+ $220.00 - Real Auction Fee)
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
The filing fee or deposit for malpractice suits is $375.00.
$ 375.00 Malpractice Suits
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
A Writ of Possession costs $75.00.
$ 75.00 Writ of Possession
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
Service by publication through the Clerk costs $300.00.
$ 300.00 Service by Publication Through the Clerk
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
A Writ of Levy on Execution costs $100.00.
$ 100.00 Writ of Levy on Execution
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
The filing fee or deposit for foreclosures is $625.00.
$ 625.00 Foreclosures
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
An Alias Order of Sale for each parcel to be appraised, including the Real Auction Fee, costs $1,220.00.
$1,220.00 Alias Order of Sale for each parcel to be appraised/includes Real Auction Fee
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
The filing fee or deposit for cognovit notes is $325.00.
$ 325.00 Cognovit Notes
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
An Alias Order of Sale without reappraisal costs $550.00.
$ 550.00 Alias Order of Sale without reappraisal
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
The filing fee or deposit for a complaint, counterclaim, or third-party complaint is $325.00.
$ 325.00 Complaint/Counterclaims/Third Party Complaint
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
An Order in Aid of Execution for garnishment costs $75.00.
$ 75.00 Order in Aid of Execution/Garnishment
Page 21 | 11. FILING FEES & COSTS — A) Civil Actions
In a transferred case where the counterclaim demand exceeds the Municipal Court’s monetary jurisdiction, the counterclaimant must post security costs equal to the amount required for an originally filed case.
11.01 - Transferred Cases - In cases transferred to the Common Pleas Court in which the demand of the counterclaim exceeds the monetary jurisdiction of the Municipal Court the counterclaimant shall post security costs in a sum equal to the amount required if the case was originally filed in this Court.
Page 22 | 11.01 - Transferred Cases
Making a Certificate of Judgment or Certificate to Transfer costs $5.00.
$ 5.00 Making Certificate of Judgment or Certificate to Transfer
Page 22 | 11. FILING FEES & COSTS — A) Civil Actions
Contempt actions or reactivated cases cost $275.00.
$ 275.00 Contempt Actions / Reactivated Cases
Page 22 | 11. FILING FEES & COSTS — A) Civil Actions
Filing a Certificate of Judgment costs $30.00.
$ 30.00 File Certificate of Judgment
Page 22 | 11. FILING FEES & COSTS — A) Civil Actions
A Jury View costs $125.00.
$ 125.00 Jury View
Page 22 | 11. FILING FEES & COSTS — A) Civil Actions
Releasing a Certificate of Judgment costs $10.00.
$ 10.00 Release of Certificate of Judgment
Page 22 | 11. FILING FEES & COSTS — A) Civil Actions
Each Notice of Appeal filing costs $175.00.
$ 175.00 Notice of Appeal - Each Filing
Page 22 | 11. FILING FEES & COSTS — B) Court of Appeals
Reopening a closed case costs $275.00.
$ 275.00 Reopening Closed Cases
Page 22 | 11. FILING FEES & COSTS — A) Civil Actions
A Judgment Debtor’s Exam costs $75.00.
$ 75.00 Judgment Debtor’s Exam
Page 22 | 11. FILING FEES & COSTS — A) Civil Actions
Courtesy Copy Requirements
The moving party should file an original and one copy of the motion, affidavit, and hearing notice, and all parties should file an original and one copy of memoranda of authorities to provide working copies.
The moving party should file with the Court an original and one copy of the motion, affidavit, and notice of hearing and all parties should file with the Court an original and one copy of memoranda of authorities in order to provide the Court with a working copy.
Page 29 | RULE 25. CIVIL MOTIONS AND HEARINGS
A party may, but need not, file an extra copy of affidavits, relevant deposition portions, exhibits, and other documentation submitted in support of or opposition to a motion.
It is not necessary, but a party is allowed to file an extra copy of affidavits, the relevant portions of depositions, exhibits and other documentation submitted in support or in opposition to a motion.
Page 29 | RULE 25. CIVIL MOTIONS AND HEARINGS
Sealing & Redaction Procedures
Expunged and sealed records must be kept by the Clerk of Courts in a confidential file and may be released only pursuant to court order or within the parameters of RC 2953.34.
3. Process for securing sealed records - Expunged and sealed records shall be maintained by the Clerk of Courts in a confidential file and only released pursuant to court order or within the parameters of RC 2953.34.
Page 14 | Procedures for Sealing & Expunging Records
Any transcript prepared of an in-camera interview must be filed under seal with the Clerk.
In the event that a transcript is prepared of an in-camera interveiw, the transcript shall be filed under seal with the Clerk.
Page 106 | In-camera Interviews
Documents containing sensitive personal information in domestic relations cases must be maintained in a family file separate from the public case file.
Documents filed in any domestic relations case containing sensitive personal information shall be kept in a “family file,” separate from the public case file otherwise maintained by the Clerk of Courts.
Page 109 | 69.09 - Family files.
The filing party must redact social security numbers and other individual personal identifiers from documents filed in the public case file.
If there are documents which are to be filed in the public case file containing social security numbers or any other individual personal identifiers, the same shall be redacted by the filing party on those documents in the public case file.
Page 110 | 69.09 - Family files.
For good cause, the Court may order confidential documents filed under seal by the Clerk, and they may not be accessed without the Court’s permission.
Notwithstanding the provisions of this rule, the Court, for good cause, may order certain confidential documents to be filed under seal by the Clerk. Said documents would not be accessible to any person without permission of the Court.
Page 110 | 69.09 - Family files.
Others may inspect family files only upon court motion and good cause; authorized viewers may take notes but may not copy, distribute, show, or remove documents, and must immediately return them after review.
Inspection of family files may be permitted by others upon motion to the Court and for good cause shown. A prescribed form will be made available for that purpose. Authorized viewers may take notes while reviewing confidential reports and documents, but they are strictly prohibited from copying those documents, distributing them or showing them to unauthorized individuals, or from removing them from the Courthouse. Upon completing a review of the family file, these documents are to be returned immediately to the Court or to the designated Deputy Clerk.
Page 110 | 69.09 - Family files.
The genetic-testing relationship report must be filed under seal, with the filing noted on the docket.
The Huron County CSEA, the approved qualified examiner, or the party receiving the test results shall forward a copy of the genetic testing relationship report to the Clerk of Courts, who shall file the report under seal and note the filing thereof on the docket.
Page 112 | 69.19 - Genetic Testing
Any home-study or psychological-evaluation report must be filed under seal, with the filing noted on the docket.
The persons or entity appointed to conduct the home study or psychological evaluation shall forward a copy of any report to the Clerk of Courts, who shall file the report under seal and note the filing thereof on the docket.
Page 112 | 69.20 - Home Study and Psychological Evaluation Procedures
The Order of Appointment shall notify the Custody Evaluator that the report shall be remitted to the Court, only. The Custody Evaluator shall not provide a copy of the report to counsel, the Guardian ad Litem, or the parties.
The Order of Appointment shall notify the Custody Evaluator that the report shall be remitted to the Court, only. The Custody Evaluator shall not provide a copy of the report to counsel, the Guardian ad Litem, or the parties.
Page 119 | G. Report
The report and its contents must not be shared with the minor children who are the subject of the Court action.
The Custody Evaluator’s report and information contained therein shall not be shared with the minor child(ren) who are the subject of a Court action.
Page 120 | H. Disclosure
A party may copy the report but may not disseminate it by any means unless the Court orders otherwise.
A party may copy a Custody Evaluator’s report but may not disseminate the report by any means, unless otherwise ordered.
Page 120 | H. Disclosure
The Custody Evaluator’s report is not available for public access under Sup.R. 44 through 47.
The Custody Evaluator’s report shall not be available for public access pursuant to Sup.R. 44 through 47.
Page 120 | I. Discovery and Public Access
The Juvenile and Probate Division’s security plan must remain confidential and outside the public record.
The plan shall be maintained as confidential and not a matter of public record.
Page 11 | RULE 50. COURT SECURITY
Court security plans and the associated manuals adopted as part of them must not be made available to the public.
a court security plan, including any security policy and procedures manual, emergency preparedness manual, and continuity of operations manual adopted as part of the court security plan, shall not be available for public access.
Page 11 | RULE 50. COURT SECURITY
The Court may order other documents containing sensitive personal information maintained in the family file on a party’s motion or its own motion, for good cause shown.
Upon motion of any party or upon the Court’s own motion, and, for good cause shown, other documents containing sensitive personal information may be ordered to be maintained in the family file.
Page 110 | 69.09 - Family files.
The parties, their attorneys, and a Guardian ad litem may inspect the family file upon filing a request with the Clerk.
Contents of the family file may be inspected by the parties, an attorney for the parties or a Guardian ad litem upon request filed with the Clerk.
Page 110 | 69.09 - Family files.
Pre-Motion Conference Requirements
A party may not argue at an oral hearing unless the party has complied with the briefing schedule for non-oral hearing motions.
A party will not be permitted to argue at the oral hearing unless he has complied with the briefing schedule for non-oral hearing motions.
Page 31 | Civil Motions and Hearings
For a motion to suppress evidence, the hearing must be scheduled in advance, and the moving party must obtain a hearing date and time from the Assignment Commissioner before filing.
A hearing on a Motion to Suppress Evidence shall be scheduled in advance with the Court in order to allow sufficient time for the hearing. Before filing a motion the moving party shall obtain a hearing date and time from the Assignment Commissioner
Page 69 | 35.10 - Preliminary Motions
All other criminal motions must be scheduled for an oral hearing by calling the Assignment Commissioner to obtain a date and time.
All other motions in criminal cases shall be scheduled for an oral hearing by calling the Assignment Commissioner to obtain a date on time.
Page 70 | 35.10 - Preliminary Motions
Emergent motions may be heard ex parte only upon a showing of extraordinary hardship from delay, and the Court may require a bond in appropriate cases.
Such motions will be heard ex parte only upon a showing that an extraordinary hardship will result to the moving party by any delay in the proceeding and in appropriate cases a bond will be required.
Page 92 | 25.03 - Emergent Matters
The oral-hearing schedule must conform to the non-oral-hearing schedule so the parties retain the same briefing schedule.
The scheduling of the oral hearing shall conform to the scheduling of the non-oral hearing in order to permit the parties to have the same briefing schedule.
Page 92 | 25.02 - Oral Hearing Motions
For a pretrial motion without an oral hearing request, the moving party must note that it is scheduled for non-oral hearing and schedule it under Local Rule 25.01(C).
If the moving party is not requesting an oral hearing on a pretrial motion, the moving party shall note that the matter is scheduled for non-oral hearing and shall schedule the non-oral hearing in accordance with Local Rule 25.01(C).
Page 105 | Pretrial motions on Divorce, Legal Separation, Custody and Support Complaints
The moving party must schedule pretrial motions for oral or non-oral hearing, except motions for oral hearing on temporary orders.
Pretrial motions, other than motions for oral hearing on temporary orders, shall be scheduled for oral or non-oral hearing by the moving party.
Page 105 | Pretrial motions on Divorce, Legal Separation, Custody and Support Complaints
Emergent-matter hearings are non-oral and based on written materials unless the Court grants a requested oral hearing or orders one.
Hearings will be non-oral hearings on affidavits, depositions, exhibits and documentation unless an oral hearing is requested and granted or ordered by the Court.
Page 31 | Rule 25.03 - Emergent Matters
Counsel should, as a courtesy, orally notify opposing counsel and seek consent before requesting an extension, but consent is neither automatic grounds for granting nor a prerequisite to grant.
As a courtesy to opposing counsel, counsel requesting the rule day extension should orally notify opposing counsel, obtain consent thereto and, if consent is granted, note the same on the motion. Motion for leave will not be granted automatically by accommodation, nor denied automatically because consent of opposing counsel is not obtained.
Page 90 | 17.02 - Leave to Move, Plead or Answer
For an oral hearing on a pretrial motion, the moving party must request a hearing date and time from the Assignment Commissioner.
If the moving party is requesting an oral hearing on a pretrial motion, the moving party will request a date and time for oral hearing from the Assignment Commissioner.
Page 105 | Pretrial motions on Divorce, Legal Separation, Custody and Support Complaints
The Court may limit the time allowed for oral argument in its discretion.
The Court may, in its discretion, limit the time allowed for oral argument.
Page 31 | Civil Motions and Hearings
The Court may, in its discretion, schedule a motion for oral hearing on the responding party’s application or on its own motion.
Upon application of the responding party or upon the Court’s own motion, the Court in its discretion may schedule the motion for oral hearing.
Page 105 | Pretrial motions on Divorce, Legal Separation, Custody and Support Complaints
Adjournment & Extension Requirements
A continuance of a hearing or trial may be granted only by a Judge or Magistrate and only for good cause.
Continuance of a hearing or trial will be granted only by the Judge or Magistrate for good cause.
Page 21 | 1.05 - Continuance Policy
An extension for a deadline not involving a court hearing is permitted only upon a showing that it will not interrupt the scheduled movement of the case.
Extension of time for compliance with deadlines not involving a court hearing will be permitted only on a showing to the Court that the extension will not interrupt the scheduled movement of the case.
Page 21 | 1.05 - Continuance Policy
Specified pleading and discovery response deadlines are strictly enforced, but a party may seek one or more court-approved extensions of up to 30 days each; counsel should notify opposing counsel and seek consent, though consent does not determine the motion automatically, and domestic relations cases are excluded as to pleading extensions.
17.02 - Leave to Move, Plead or Answer - Civil Rule 12, prescribing Rule Day for pleadings, and the time periods designated for answering interrogatories, requests for admissions and requests for production shall be strictly enforced. However, a party may, with leave of court, obtain one or more extensions, not to exceed thirty (30) days each, in which to move, plead or answer. Each motion for an extension shall be in writing and shall state the number of prior extensions granted. As a courtesy to opposing counsel, counsel requesting the rule day extension should orally notify opposing counsel, obtain consent thereto and, if consent is granted, note the same on the motion. Motion for leave will not be granted automatically by accommodation, nor denied automatically because consent of opposing counsel is not obtained. An entry shall accompany each motion. Domestic relations cases are excluded from this rule as it relates to pleading extensions.
Page 27 | 17.02 - Leave to Move, Plead or Answer
there will be no trial continuances for inability of a medical expert to the present to testify.
there will be no trial continuances for inability of a medical expert to the present to testify.
Page 29 | Continuances
Continuance of a hearing or trial will be granted only by the Judge for good cause.
Continuance of a hearing or trial will be granted only by the Judge for good cause.
Page 37 | 34.01 - Continuance Policy
Continuance requests must be made by a written motion complying with Civil Rule 7(B), state counsel’s contact with other counsel and their willingness to accommodate, certify that a copy was mailed or delivered to the client, and be served under Civil Rule 5.
All requests for continuances must be by written motion which complies with Civil Rule 7(B). The motion shall state that counsel for the moving party has contacted the other counsel in the case and whether other counsel are willing to accommodate the request for a continuance. The moving party shall certify that a copy of the motion was mailed/delivered to his client. Service of the motion shall comply with Civil Rule 5.
Page 37 | 34.03 - Continuance Requirements
For a hearing continuance, the moving party must contact the Assignment Commissioner to obtain a tentative new pretrial date and time, clear the new hearing date with opposing counsel, and file a motion and judgment entry reflecting that date and time; the Court may assess costs and expenses if it grants the continuance.
When a continuance for a hearing is requested, the moving party shall contact the Court’s Assignment Commissioner and obtain a date and time for the tentative new pretrial. The new hearing date shall be cleared with opposing counsel. The Motion and Judgment Entry reflecting the new hearing date and time shall be filed with the Clerk of Court’s office. In the event a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.
Page 38 | 34.03(A) - Continuance Requirements
For a trial continuance, the moving party must file the motion and judgment entry, state whether opposing counsel agrees or objects, and file the motion with the Clerk; no judgment entry is required before Court review or a possible telephone status conference, and the Court may assess costs and expenses if it grants the continuance.
When a continuance for a trial is requested, the moving party shall file the motion and judgment entry for continuance, reflect whether opposing counsel agrees or objects, then file the motion with the Clerk of Court’s office. The Court will review the motion and judgment entry and make a determination or possibly set a telephone status conference. No judgment entry is required prior to the Court’s review of the motion or the setting of a possible telephone status conference. In the event a continuance is granted, the Court may, in its discretion, assess costs and expenses against the moving party.
Page 38 | 34.03(B) - Continuance Requirements
A continuance for an unavailable witness may be granted when due diligence was used, and the applicant must support the request with an affidavit stating the expected testimony; the application will not be sustained if the testimony is immaterial or both parties consent to reading the affidavit in evidence.
Continuance of a cause may be granted on the grounds of inability to procure the testimony of an absent witness when it is made to appear that due diligence was used to procure such testimony. In order to obtain a continuance on these grounds, the party making the application must support the same by affidavit stating therein what he expects to prove by such witness. If the Court finds the testimony set forth to be immaterial or if both parties consent to the reading of the affidavit in evidence, the application will not be sustained and the case will proceed to trial.
Page 38 | 34.05 - Grounds for Continuance
A continuance request based on an attorney’s Continuing Legal Education attendance must attach proof of the prior commitment, and the motion must be filed forthwith after notification of the case assignment.
When a continuance of a cause is requested on the grounds that an attorney interested in the case is attendance of Continuing Legal Education, proof of such prior commitment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.
Page 38 | 34.06 - Counsel not Available
Only the Court may extend the 60-day period for scheduling an arbitration hearing.
The sixty (60) day period may be extended only by the Court.
Page 48 | 65.05 - Hearings
If the assigned Chairman is absent, the hearing must be continued to a mutually agreeable date and time, and the continuance is deemed requested by the Chairman.
In no event shall the hearing proceed in the absence of the assigned Chairman. In such event, the hearing shall be continued to a date and time mutually agreeable to the arbitrators, parties, and the Assignment Commissioner. Such a continuance shall be deemed to be at the request of the Chairman.
Page 49 | 65.11 - Continuance of Hearing
The Chairman may continue a hearing only for extraordinary reasons; the requesting party must reschedule it within 30 days for a mutually agreeable date and time.
The Chairman may continue a hearing date only upon a showing by a party or parties of extraordinary reasons. In such event, it shall be the responsibility of the party requesting the continuance to reschedule such hearing at a date and time, not later than thirty (30) days, mutually agreeable to the Assignment Commissioner, the arbitrators and the parties, and provide written notice of the rescheduled hearing date to the Assignment Commissioner, the arbitrators and the parties.
Page 49 | 65.11 - Continuance of Hearing
A case may not be continued more than twice without the Judge’s approval.
In no event shall a case be continued more than twice without the approval of the Judge.
Page 49 | 65.11 - Continuance of Hearing
A continuance will be granted only for good cause shown.
Continuances will be granted only for good cause shown.
Page 66 | 34.02 - Reasons for Continuances
Continuances will be granted only by the Judge or Magistrate. The Court will not grant a continuance to any party at any time without first setting a definite date for trial or hearing. The moving party shall obtain a proposed date and time for the rescheduled trial or hearing from the Court’s Assignment Commissioner and include the date and time in the motion and judgment entry submitted with it.
Continuances will be granted only by the Judge or Magistrate. The Court will not grant a continuance to any party at any time without first setting a definite date for trial or hearing. The moving party shall obtain a proposed date and time for the rescheduled trial or hearing from the Court’s Assignment Commissioner and include the date and time in the motion and judgment entry submitted with it.
Page 67 | 34.03 - Continuance Requirements
A continuance based on an absent witness may be granted only when due diligence to obtain the testimony is shown, and the application must be supported by an affidavit stating what the party expects the witness to prove.
Continuance of a cause may be granted on the grounds of inability to procure the testimony of an absent witness when it is made to appear that due diligence was used to procure such testimony. In order to obtain a continuance on these grounds, the party making the application must support the same by affidavit stating therein what he expects to prove by such witness.
Page 67 | 34.05 - Grounds for Continuances
A criminal-case continuance beyond the critical trial date requires the Defendant's consent and signed waiver of that date.
No continuances will be granted beyond the critical trial date in a criminal case unless the Defendant consents to and signs a waiver of the critical trial date.
Page 67 | 34.04 - Critical Trial Date Continuances
When a continuance for a trial is requested, the moving party shall file the motion and judgment entry for continuance, reflect whether opposing counsel agrees or objects, then file the motion with the Clerk of Court’s office. The Court will review the motion and judgment entry and make a determination or possibly set a telephone status conference. No judgment entry is required prior to the Court’s review of the motion or the setting of a possible telephone status conference.
When a continuance for a trial is requested, the moving party shall file the motion and judgment entry for continuance, reflect whether opposing counsel agrees or objects, then file the motion with the Clerk of Court’s office. The Court will review the motion and judgment entry and make a determination or possibly set a telephone status conference. No judgment entry is required prior to the Court’s review of the motion or the setting of a possible telephone status conference.
Page 67 | 34.03(B)
For a hearing continuance, the moving party must obtain a tentative new pretrial date and time from the Assignment Commissioner, clear the new hearing date with opposing counsel, and file a motion and judgment entry reflecting the new date and time with the Clerk.
When a continuance for a hearing is requested, the moving party shall contact the Court’s Assignment Commissioner and obtain a date and time for the tentative new pretrial. The new hearing date shall be cleared with opposing counsel. The Motion and Judgment Entry reflecting the new hearing date and time shall be filed with the Clerk of Court’s office.
Page 67 | 34.03(A)
A continuance motion based on an attorney's attendance at Continuing Legal Education must attach proof of the prior commitment and be filed forthwith after notice of the case assignment.
When a continuance of a cause is requested on the grounds that an attorney is attending a Continuing Legal Education, proof of such prior commitment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.
Page 68 | 34.06 - Counsel not Available
Chambers Communication Rules
Before final disposition, an attorney may not discuss a case’s merits with the presiding Judge or Magistrate without opposing counsel present or, for a writing, without mailing or delivering a copy to opposing counsel or an unrepresented party.
14.01 – Ex Parte Communications - No attorney shall discuss the merits either orally or in writing, of any litigation with the Judge and/or Magistrate presiding over the matter before final disposition thereof without the presence of or by mailing or delivering a copy of any writing to opposing counsel or the party, if not represented.
Page 23 | 14.01 – Ex Parte Communications
Counsel must promptly notify the Clerk of Courts of any change to the specified counsel information.
Counsel shall promptly notify the clerk of Courts of any change in this information.
Page 61 | 15.01 - Filing Requirement and Designations
Before final disposition, an attorney may not discuss the merits with the presiding Judge or Magistrate unless opposing counsel or an unrepresented opposing party is present or receives a copy of any writing.
No attorney shall discuss the merits either orally or in writing, of any litigation with the Judge and/or Magistrate presiding over the matter before final disposition thereof without the presence of or by mailing or delivering a copy of any writing to opposing counsel or the party, if not represented.
Page 86 | 14.01 – Ex Parte Communications
If the Judge authorizes an oral hearing, the requesting party must coordinate its scheduling with the other parties and the Assignment Commissioner.
If the judge authorizes an oral hearing, the party requesting the oral hearing is responsible for coordinating the scheduling of the oral hearing with the other party(s) and the Court’s Assignment Commissioner.
Page 92 | 25.02 - Oral Hearing Motions
Motions for a temporary restraining order or other urgent equitable relief are heard at a date and time set by the Assignment Commissioner upon the applicant’s application.
25.03 - Emergent Matters - Motions for a temporary restraining order or for other urgent equitable relief shall be heard by the Court at a date and time to be fixed by the Assignment Commissioner upon application of the party seeking the relief.
Page 92 | 25.03 - Emergent Matters
Petitioners must immediately contact the Assignment Commissioner after filing to schedule a hearing.
Petitioners must contact the Court’s Assignment Commissioner immediately after filing the petition to schedule a hearing.
Page 99 | Civil Protection Orders
The parties or their counsel must advise the Judge or Magistrate whether they allege that the adverse party committed domestic violence against them.
The parties or their counsel shall advise the Judge or Magistrate whether he or she alleges to be a victim of domestic violence from the adverse party.
Page 115 | 69.27 - Mediation in Domestic Relations Cases - A. General provisions
Counsel must promptly notify the Clerk of Courts of any change to counsel’s listed information.
Counsel shall promptly notify the clerk of Courts of any change in this information.
Page 24 | 15.01 - Filing Requirements and Designation
An attorney may request a conference with the Judge or Magistrate about an issue needing discussion before a hearing or disposition, provided opposing counsel receives notice.
If it is determined that an issue in a pending action needs to be discussed with the Judge and/or Magistrate prior to hearing or disposition of the action, the attorney desiring said conference may, with notice to opposing counsel, request a conference with the Judge or Magistrate.
Page 24 | 14.02 – Attorney Conferences
Parties may request a short-notice informal conference for urgent matters by calling the Assignment Commissioner; all parties must be represented.
Informal Conferences - Parties may request informal conferences with the Judge or Magistrate by calling the Assignment Commissioner to schedule a chamber’s conference or telephone conference on short notice to address urgent matters. All parties must be represented.
Page 29 | RULE 25. CIVIL MOTIONS AND HEARINGS
A moving or opposing party may request an oral hearing, should initially contact the Assignment Commissioner, and may receive a hearing only with the Judge’s approval.
An oral hearing may be requested on any motion by any party moving or opposing the motion. The party requesting the oral hearing should initially contact the Court’s Assignment Commissioner to advise of the request. Oral hearings are granted only upon approval of the Judge.
Page 30 | 25.02 - Oral Hearing Motions
For emergent matters, the moving party should contact the Assignment Commissioner to schedule the hearing and, if possible, give the opposing party actual, timely notice.
The moving party should contact the Assignment Commissioner to obtain the hearing date and time and thereafter, if possible, notify the opposing party or his counsel in an appropriate manner calculated to give actual, timely notice of the hearing.
Page 31 | Rule 25.03 - Emergent Matters
The party seeking such review should contact the Assignment Commissioner to obtain the hearing date and time and thereafter notify the opposing party or his counsel in an appropriate manner calculated to give actual, timely notice of the hearing.
The party seeking such review should contact the Assignment Commissioner to obtain the hearing date and time and thereafter notify the opposing party or his counsel in an appropriate manner calculated to give actual, timely notice of the hearing.
Page 31 | Rule 25.03 - Emergent Matters
The party requesting the oral hearing should first contact the opposing party(s) to advise that an oral hearing will be requested and obtain dates and times when the other party(s) can be available for the oral hearing. The requesting party should then contact the Court’s Assignment Commissioner to obtain an oral hearing date and time and thereafter serve notice thereof on the other party(s) and file with the Court a copy of the notice and a certificate of service.
The party requesting the oral hearing should first contact the opposing party(s) to advise that an oral hearing will be requested and obtain dates and times when the other party(s) can be available for the oral hearing. The requesting party should then contact the Court’s Assignment Commissioner to obtain an oral hearing date and time and thereafter serve notice thereof on the other party(s) and file with the Court a copy of the notice and a certificate of service.
Page 31 | Civil Motions and Hearings
The media must notify the Court Administrator of any pooling arrangement sufficiently before the proceeding.
The Court Administrator shall be notified of any pooling arrangement at a sufficient time prior to the court proceeding.
Page 45 | 63.07 - Pooling Arrangement
For a hearing continuance, the moving party must contact the Assignment Commissioner to obtain a date and time for the tentative new pretrial.
When a continuance for a hearing is requested, the moving party shall contact the Court’s Assignment Commissioner and obtain a date and time for the tentative new pretrial.
Page 67 | 34.03(A)
An oral agreement by counsel with a party or court officer is not recognized unless made in open court.
No oral agreement by counsel or with a party or an officer of the Court, will be regarded unless made in open court.
Page 77 | RULE 51. AGREEMENTS
News media must agree on any pooling arrangement and notify the Court Administrator sufficiently before the proceeding.
It will be the responsibility of the news media to agree upon a pooling arrangement for their respective news medium. The Court Administrator shall be notified of any pooling arrangement at a sufficient time prior to the court proceeding.
Page 77 | 63.07 - Pooling Arrangement
The Court Administrator must forward written comments or complaints to the Custody Evaluator and the Judge for consideration and appropriate action.
The Court administrator shall forward the written comments or complaints to the Custody Evaluator and to the Judge for consideration and appropriate action.
Page 120 | L. Complaint Against the Custody Evaluator
Written comments or complaints about a Custody Evaluator’s performance must be directed to the Court Administrator or another designee.
Written comments or complaints relating to the performance of a Custody Evaluator shall be directed to the Court Administrator or other designee.
Page 120 | L. Complaint Against the Custody Evaluator
Fax filers are urged to verify with the Clerk of Court that the filing was received.
Anyone using fax filing is urged to verify receipt of such filing by the Clerk of Court.
Page 27 | Facsimile Filing