Jefferson County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Pleading, Motion, Application Seeking Relief or Raising a Defense
- 1 copy
Adjournments
- A motion hearing may be scheduled one week earlier or later than the rules provide, but an earlier date requires approval from the Court and/or opposing counsel or the unrepresented opposing party.
- If submission will take more than 14 days, the court must be informed of that fact, the reasons, and when the entry is expected to be filed.
- A continuance in a case set for trial requires counsel to file a motion stating the reasons, and the motion is heard under the Rules; in Domestic Relations cases, the parties must approve the continuance unless the defendant has not appeared, and every continuance must be to a date certain.
Request must include
Communication
Phone
Document Format Requirements4 rules
The social security numbers of the parties shall be designated on a single one page filing and placed in two separate “confidential” envelopes, one for the court file and one envelope for the Child Support Enforcement Agency.
A final pretrial order must follow the form in Appendix F.
Court's wording
If scheduled by the Court, prior to any final pretrial or settlement conference, Counsel for the parties shall prepare a final pretrial order according to the form set forth in Appendix “F” of these rules, and shall submit the same to the Court for approval at said conference, unless the same is dispensed with by the court.
Exhibit markers should be attached to all exhibits at the time they are shown to opposing counsel during the preparation of the Pretrial Order. A supply of marking tags for exhibits may be obtained from the court reporter. They should be attached to the upper right-hand corner whenever possible.
If more space is needed, add additional pages.
Document Filing Requirements99 rules
In domestic relations cases, an agreement concerning a pending motion must be made in open court with the parties present to acknowledge it on the record, then written, executed, approved, and filed for Court approval, unless the Court orders otherwise.
Court's wording
In all domestic relations cases, no agreement reached between the parties with respect to any pending motion, whether of a temporary nature, a matter in dispute for final hearing, or a post decree motion, shall be approved by the Court unless said agreement is made in open court with the parties present to acknowledge the same as part of the record, and thereafter, said agreement shall be reduced to writing and filed with the Court for approval after having been duly executed and approved by the parties and their Counsel, unless otherwise ordered by the Court.
Agreements and stipulations in civil or domestic cases must be written and signed; those made in open court must also be executed by counsel and the parties and filed with the Clerk to be recognized in a later dispute.
Court's wording
Agreements and stipulations of Counsel of the parties in all civil or domestic cases must be reduced to writing and signed by Counsel for the parties or the parties themselves. If made in open court, Counsel shall thereafter reduce the same to writing and cause the same to be executed by Counsel for the parties as well as the respective parties and thereafter filed with the Clerk; otherwise, no such agreement or stipulation shall be recognized by the Court should a later dispute arise.
Upon payment having been made, the party obtaining publication shall cause proof of payment of said costs to be filed with the Clerk of Courts before further proceedings shall be had.
The foregoing does not apply in those cases in which a poverty affidavit is filed. However, in cases other than a domestic relations case where the Court is not able to ascertain the income or source of income of the party filing the poverty affidavit, the affidavit must set forth sufficient financial information to justify the use and filing of the affidavit.
A complaint refiled after dismissal other than on the merits under Ohio Civil Rule 41 must identify itself as refiled in the caption and state the prior case’s style and number in its first paragraph.
Court's wording
Any complaint that has been dismissed other than on the merits as provided in Rule 41 of the Ohio Rules of Civil Procedure and is subsequently refiled shall have set forth in the caption of the complaint that it is a refiled case and shall further have in the first paragraph of the body of the complaint the style and case number of the previously dismissed case.
In all domestic relations cases, in addition to the names and addresses of the parties, the caption must also contain the date of birth of the respective parties.
- Document
- Domestic relations filing
- Placement
- Caption
Every original pleading or post-judgment motion filed with the Clerk must include all parties’ full names and complete addresses in the caption.
- Document
- Original pleading or post-judgment motion
- Placement
- Caption
Court's wording
Every original pleading or post judgment motion, including but not limited to counterclaims, third-party complaints, and cross-claims, filed with the Clerk of Courts shall have in the caption of said pleading the full names and complete addresses of all parties thereto.
All pleadings and motions shall be signed by the attorney for the party he or she represents in accordance with the Ohio Rules of Civil Procedure and if a party is represented by a firm, by the individual attorney for that firm representing the party.
Each complaint, cross claim and counterclaim shall state the nature of the action and have styled in the caption the type of case as set forth in Appendix “A” and whether said action is triable by Judge or Jury.
- Document
- Complaint cross-claim or counterclaim
- Placement
- Caption
If an attorney who has appeared for a party relocates to a new firm and will no longer be attorney of record, the attorney must file a substitution of counsel with the successor counsel’s full name, address, and telephone number, and the new counsel must simultaneously file an entry of appearance.
Court's wording
In the event an attorney has entered an appearance on behalf of a party in any proceeding filed in this Court and has relocated to a new firm, and if upon said relocation is no longer to be the attorney of record for the party for whom such appearance had been entered, shall at the time of said move file with the Court a substitution of counsel listing the full name, address, and telephone number of the successor counsel in the pending case. In addition, thereto, the newly designated counsel shall simultaneously file his or her entry of appearance.
Motions for default judgment shall have attached thereto a certificate of counsel for the moving party that the party against whom the motion is directed is not subject to the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940.
The motion must state its hearing date and time, and the filer must certify that notice was provided to opposing counsel or any unrepresented opposing parties.
Court's wording
It is the responsibility of counsel or the party filing the motion to set forth upon said motion the date and time of hearing in accordance with these Rules, and to certify that notice of the same has been provided to opposing counsel or the opposing party or parties if not represented by counsel as provided by these Rules.
The attorney for the party in whose favor an order, judgment, or decree has been granted shall prepare the Judgment Entry or Decree for approval by opposing counsel.
- Document
- Judgment entry or decree
Must include
- •For approval by opposing counsel
A contrary judgment entry or decree submitted by the opposing side must include reasons the court should not approve the original.
Court's wording
Thereupon, the opposing counsel or party shall have seven (7) days in which to submit to the Court a contra judgment entry or decree for approval, together with reasons why the Court should not approve the originally submitted judgment entry or decree.
A judgment entry must designate which party or parties are responsible for court costs to be accepted by the clerk.
Court's wording
The Clerk of Courts shall not be required to accept any judgment entry in any type of a proceeding unless there is set forth therein a designation as to which party or parties is responsible for payment of court costs.
An indigent party may execute and file with such party's pleadings, an affidavit of the party's inability to prepay the costs required in this Court, whereupon such pleadings shall be filed with the Clerk.
An original divorce, legal-separation, or annulment complaint alleging minor children must be filed with the Court-approved health-insurance disclosure affidavit containing language sufficient to permit a health-insurance entry for the children.
Court's wording
Upon the filing of an original Complaint for Divorce, Legal Separation, or Annulment, where there is/are a minor child(ren) alleged to be issue of the marriage, there shall be filed contemporaneously with the Complaint the following supporting documents: c. a health insurance disclosure affidavit as approved by the Court and as set forth in Appendix “C” herein with sufficient language to enable the Court to cause to be issued a health insurance entry for the child(ren) in accordance with Section 3113.217 of the Ohio Revised Code.
An original divorce, legal-separation, or annulment complaint alleging minor children must be filed with the required financial-disclosure affidavit, completed as fully as reasonably possible.
Court's wording
Upon the filing of an original Complaint for Divorce, Legal Separation, or Annulment, where there is/are a minor child(ren) alleged to be issue of the marriage, there shall be filed contemporaneously with the Complaint the following supporting documents: a. Affidavit of Income, Expenses, and Financial Disclosure as approved by the Court and as set forth in Appendix “B” herein or as the same may from time be amended or modified by the Court with said affidavit to be completed as fully as is reasonably possible by the filing party.
An original divorce, legal-separation, or annulment complaint alleging minor children must be filed with a child-support worksheet in the exact form required by Ohio Revised Code Section 3113.215, as amended.
Court's wording
Upon the filing of an original Complaint for Divorce, Legal Separation, or Annulment, where there is/are a minor child(ren) alleged to be issue of the marriage, there shall be filed contemporaneously with the Complaint the following supporting documents: b. Child support calculation worksheet in the exact form as required by Section 3113.215 of the Ohio Revised Code as the same is now or may from time to time be amended.
An original divorce, legal-separation, or annulment complaint alleging minor children must be filed with the parenting affidavit required by Ohio Revised Code Section 3109.27, as amended.
Court's wording
Upon the filing of an original Complaint for Divorce, Legal Separation, or Annulment, where there is/are a minor child(ren) alleged to be issue of the marriage, there shall be filed contemporaneously with the Complaint the following supporting documents: d. a parenting affidavit as required by Section 3109.27 of the Ohio Revised Code as the same is now or may from time to time be amended.
A motion to change a minor child’s residential parent and legal custodian must be filed with the supporting documents required by Section C-1(a)–(d).
Court's wording
Upon the filing of a motion for change in the designation of the residential parent and legal custodian of any minor child or children, the supporting documents as required in Section C-1(a), (b), (c), and (d) shall also be filed contemporaneously with said Motion.
A custodial party may request an ex-parte temporary child-support order before the motion hearing, but the motion must include the proper affidavit of need and supporting documents.
Court's wording
An appropriate ex-parte temporary order for child support may be requested by either party having custody of the child or children at any time prior to the hearing date for motions, provided said motion is accompanied by the proper affidavit of need and supporting documents as required by Paragraph 1 herein so as to not deprive any minor child or children of the parties of funds necessary for support.
A motion to modify child support must be filed with the supporting documents required by Section C-1(a)–(d).
Court's wording
Upon the filing of a motion for modification of an existing support order in which support is being requested to be modified for the benefit of the child(ren) of the parties, the supporting documents as required in Section C-1(a), (b), (c), and (d) of this Rule shall also be filed contemporaneously with said motion.
A dissolution petition must be filed with the supporting documents required by Division C-1(a)–(c), and, if there are minor children, the requirements of Division C-1(e).
Court's wording
At the time of the filing of any Petition for Dissolution of Marriage, there shall be filed contemporaneously with said Petition the supporting documents as set forth in Division C-1(a) through (c), and if there is/are a minor child(ren), the requirements set forth in Division C-1(e) of this Rule.
A dissolution petition must include the court-approved Appendix E Affidavit of Assets/Debts/Separate Property with the specified asset, liability, and marriage-period information.
Court's wording
Additionally, in order to enable the Court to determine the reasonableness of the agreement of the parties there shall be filed with said Petition for Dissolution of Marriage the Affidavit of Assets/Debts/Separate Property as approved by the Court and as set forth as Appendix “E” herein and which shall contain not less than the following information: a. A complete list of all assets including but not limited to: (i) An itemization of all personal property together with its present value. (ii) An itemization of any real estate in which either party has any legal or equitable interest as well as its present market value as can be reasonably ascertained. (iii) When any of the above property was acquired. (iv) Whether the property is marital or separate property, and if separate, to whom it belongs. b. A complete list of all liabilities including but not limited to: (i) Name and address of the creditor. (ii) The monthly payments to each creditor. (iii) The balance owing to each creditor. (iv) The nature of the debt owing each creditor. (v) Whether the debt is marital or separate and if separate, which party is responsible for it. c. The date to be used for calculation of the time that makes up during the marriage to enable the Court to determine the division of marital property and the values of the same.
Requests for temporary restraining orders ordering the spouse to move from the established home of the parties without notice to the opposing party will be granted only in extreme circumstances and only upon the filing of a separate affidavit of the moving party detailing the reasons for the restraining order, and are to be requested only when counsel can assure the Court that the circumstances warrant the same.
When there are no minor children, both parties must file the Appendix B financial disclosure affidavit no later than 30 days before the final hearing.
Court's wording
In all cases for a divorce, legal separation, or annulment in which there is/are no minor child(ren), there must be filed not later than 30 days prior to the date of final hearing an Affidavit of Income, Expenses, and Financial Disclosure as set forth in Appendix "B" hereto by both parties to the action.
L. In any case of Divorce, Legal Separation, or Annulment, both parties must additionally file with the Court or Magistrate not less than fourteen (14) days prior to the final hearing the information required in Division D-(a), (b), and(c) of this Rule.
Any request to deviate from the following parenting schedule shall be supported by the filing of the proper motion.
A residential parent intending to relocate must file a notice of intent to relocate with the Court 60 days before the relocation.
Court's wording
If the residential parent intends to move to a residence other than the last residence of court record, he/she shall file a notice of intent to relocate with this Court sixty (60) days in advance. Except as provided in ORC 3109.051(G)(2), (3), and (4) pertaining to incidents involving a conviction of domestic violence, a copy of such notice shall be mailed by the Court to the non-residential parent. On receipt of the notice, the court, on its own motion or on the motion of the non-residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child(ren) to revise the parenting time schedule for the child(ren). Said notice shall be filed 60 days prior to the relocation.
he/she shall file a notice of intent to relocate with this Court
A child-support or health-coverage order or decree must allow the relevant portions to be remitted separately to the employer; alternatively, counsel may submit those portions with a certificate for the Clerk.
Court's wording
Because of the requirements of Section 3113.217(F) of the Ohio Revised Code, upon the submission of a child support order, whether temporary or permanent, or an order providing health coverage for any minor child(ren), said order or decree shall be structured so as to enable the Court to remit only those portions dealing with support and health care to the employer of the parties subject to the order without the necessity of remitting the entire order or decree. Alternatively, counsel may prepare and submit those portions of the order or decree dealing with child support and health coverage for any minor child(ren) and a certificate for the Clerk to certify those portions as accurate copies to the employer of the responsible party for support and health care for the child(ren).
The caption of specified final judgments and post-decree orders must include each party’s complete name, current address, Social Security number, and date of birth.
- Document
- Final judgment or post-decree order
- Placement
- Caption
Court's wording
On all final judgments granting a Decree of Divorce, Legal Separation, Annulment, or Dissolution of Marriage, or on any final judgment entry relating to any post- decree relief, whether modification, contempt, change of residential parent, or any other post- decree relief, the complete name and current address of each party along with their social security numbers and dates of birth shall be included in the caption of the Order.
A decree involving a minor child must contain the language required by the cited Ohio Revised Code sections.
Court's wording
Upon the granting of any Divorce, Legal Separation, Annulment, or Dissolution of Marriage, in which there is/are a minor child(ren), the Decree must contain the appropriate language in manner and form as required by Sections 3121.27 and 3121.29 of the Ohio Revised Code as the same now are or may from time to time be amended.
Domestic Relations final orders must be termed “Decrees” and styled with one of the specified divorce, legal separation, or dissolution titles.
- Document
- Domestic relations final order
- Placement
- Caption
Court's wording
STYLING OF FINAL ORDERS: All Domestic Relations final orders shall be termed “Decrees” and in addition to any other information required to be included within the caption shall have said documents styled as either a “Decree of Divorce” or “Divorce Decree”, “Decree of Legal Separation” or “Separation Decree”, “Decree of Dissolution” or “Dissolution Decree”.
If the Court schedules it, counsel must prepare a final pretrial order and submit it for approval at the conference, unless the Court dispenses with the order.
Court's wording
If scheduled by the Court, prior to any final pretrial or settlement conference, Counsel for the parties shall prepare a final pretrial order according to the form set forth in Appendix “F” of these rules, and shall submit the same to the Court for approval at said conference, unless the same is dispensed with by the court.
Interrogatories directed to any party and the answers thereto shall not be filed in any case unless in conjunction with a motion seeking affirmative relief, and then, only the pertinent parts thereof are to be filed.
In lieu thereof, a certificate of service of the serving of interrogatories or answers thereto shall be filed as proof of the serving of the same upon the opposing party or parties.
It must be filed if there are minor children of the relationship.
For each item, if none, put "NONE."
List ALL OF YOUR PROPERTY AND DEBTS, the property and debts of your spouse, and any joint property or debts.
Description (Include checking, savings, CDs, POD accounts, money market accounts, etc.)
Description (list who has possession) (include model and year of automobiles, trucks, motorcycles, boats, motors, motor homes, etc.)
Description (List who has possession) (Include profit-sharing, IRAs, 401k plans, etc.; Describe each type of plan)
Description (List who has possession) (Type of ownership and number)
Give location and describe contents
Include
- •Give location and describe contents
Estimate value of those in your possession, and value of those in your spouse's possession
List the name and address of any person (other than creditors listed on your Affidavit) who has received money or property from you exceeding $300 in value in the past 12 months and the reason for each transfer.
List any item you have not listed above that is considered an asset.
Description (Also list who has possession)
If claiming separate property, the affidavit must explain the claim’s nature and amount.
Court's wording
If you are making any claims in any of the categories below, explain the nature and amount of your claim. This includes, but is not limited to, inheritances, property owned before marriage, and any pre-marital agreements.
Do not leave any category blank. For each item, if none, put "NONE."
List ALL OF YOUR DEBTS, the debts of your spouse, and any joint debts.
[Do Not Sign Until Notary is Present]
FINAL PRETRIAL ORDER (REQUIRED FORM)
Exhibits generally may not be introduced unless listed in the Pretrial Order, subject to good cause and impeachment exceptions.
Court's wording
Except for good cause shown, the Court will not permit the introduction of any exhibits unless they have been listed in the Pretrial Order, with the exception of exhibits to be used solely for the purpose of impeachment.
(Note: Only witnesses listed in the Pretrial Order will be permitted to testify at the trial except witnesses called solely for the purpose of impeachment or for good cause shown.)
A statement identifying additional trial witnesses, their addresses, and the general subject of their testimony must be provided before trial.
Court's wording
(4) In the event other witnesses are to be called at the trial a statement of their names and addresses and the general subject matter of their testimony will be served upon opposing counsel and filed with the Court at least Days prior to trial.
All irrelevant and redundant matter and all colloquy between counsel in the deposition must be eliminated when the deposition is read.
If discovery remains incomplete, the proposed Pretrial Order must identify remaining discovery by side, its schedule and completion date, and likely problems.
Court's wording
If discovery has not been completed, the proposed Pretrial Order shall state what discovery is yet to be done by each side, when it is scheduled, when it will be completed and whether any problems, such as objections or motions, are likely with respect to the uncompleted discovery.
The Pretrial Order shall list depositions to be read in evidence and any objections thereto identifying the objecting Party, portions objected to, and grounds therefor.
You must list the residences for all places where the children have lived for the last FIVE years.
By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court, including Dissolutions, Divorces and Domestic Violence Petitions.
IF MORE SPACE IS NEEDED FOR ADDITIONAL CUSTODY CASES, ATTACH A SEPARATE PAGE AND CHECK THIS BOX
Do not repeat cases already listed in Paragraph 3. Explain:
List the specified criminal convictions, including guilty pleas, for the filer and household members.
Court's wording
List all of the criminal convictions, including guilty pleas, for you and the members of your household for the following offenses: any criminal offense involving acts that resulted in a child being abused or neglected; any domestic violence offense that is a violation of R.C. 2919.25; any sexually oriented offense as defined in R.C. 2950.01; and any offense involving a victim who was a family or household member at the time of the offense and caused physical harm to the victim during the commission of the offense.
Filing & Service rules
Filing Timing and Cure Windows
The substitution of counsel must be filed at the time of the attorney’s move, and the newly designated counsel’s entry of appearance must be filed simultaneously.
In the event an attorney has entered an appearance on behalf of a party in any proceeding filed in this Court and has relocated to a new firm, and if upon said relocation is no longer to be the attorney of record for the party for whom such appearance had been entered, shall at the time of said move file with the Court a substitution of counsel listing the full name, address, and telephone number of the successor counsel in the pending case. In addition, thereto, the newly designated counsel shall simultaneously file his or her entry of appearance.
Page 12 | RULE VII — FILING OF PLEADINGS
A motion may not be filed within 28 days of the assigned trial date without the Trial Judge’s leave; the Judge may set the briefing and submission schedule when granting leave.
No motion shall be filed in any case within 28 days of the assigned trial date without leave of the Trial Judge, and the Trial Judge may, upon granting such leave, establish the time for the filing of Briefs and the submission of the motion.
Page 14 | RULE VIII — MOTIONS
An order, judgment, or decree must be submitted to the issuing court within 14 days after it is rendered.
All orders, judgments, or decrees shall be timely submitted to the Court rendering said order, judgment, or decree within 14 days from when the order, judgment, or decree is rendered.
Page 15 | Rule IX.B — Judgment Entries
After the prevailing party submits the entry, opposing counsel or the opposing party has seven days to submit a contrary entry with reasons for rejecting the original.
Thereupon, the opposing counsel or party shall have seven (7) days in which to submit to the Court a contra judgment entry or decree for approval, together with reasons why the Court should not approve the originally submitted judgment entry or decree.
Page 15 | Rule IX.C — Judgment Entries
Entries on default-judgment motions and dissolution decrees must be presented to the court immediately after the scheduled hearing.
Judgment entries on motions for default judgment, as well as decrees of dissolution, shall be presented to the Court immediately following the hearing scheduled for said default judgment or dissolution of marriage.
Page 16 | Rule IX.D — Judgment Entries
The required supporting documents must be filed contemporaneously with a motion to change a minor child’s residential parent and legal custodian.
Upon the filing of a motion for change in the designation of the residential parent and legal custodian of any minor child or children, the supporting documents as required in Section C-1(a), (b), (c), and (d) shall also be filed contemporaneously with said Motion.
Page 19 | C
A custodial party may request the temporary child-support order at any time before the motion hearing.
An appropriate ex-parte temporary order for child support may be requested by either party having custody of the child or children at any time prior to the hearing date for motions, provided said motion is accompanied by the proper affidavit of need and supporting documents as required by Paragraph 1 herein so as to not deprive any minor child or children of the parties of funds necessary for support.
Page 19 | C
The required supporting documents must be filed contemporaneously with a motion to modify child support.
Upon the filing of a motion for modification of an existing support order in which support is being requested to be modified for the benefit of the child(ren) of the parties, the supporting documents as required in Section C-1(a), (b), (c), and (d) of this Rule shall also be filed contemporaneously with said motion.
Page 19 | C
The required supporting documents must be filed contemporaneously with the dissolution petition.
At the time of the filing of any Petition for Dissolution of Marriage, there shall be filed contemporaneously with said Petition the supporting documents as set forth in Division C-1(a) through (c), and if there is/are a minor child(ren), the requirements set forth in Division C-1(e) of this Rule.
Page 20 | D
The financial disclosure affidavit must be filed no later than 30 days before the final hearing when there are no minor children.
In all cases for a divorce, legal separation, or annulment in which there is/are no minor child(ren), there must be filed not later than 30 days prior to the date of final hearing an Affidavit of Income, Expenses, and Financial Disclosure as set forth in Appendix "B" hereto by both parties to the action.
Page 21
Both parties in divorce, legal-separation, and annulment cases must file the required information at least 14 days before the final hearing.
L. In any case of Divorce, Legal Separation, or Annulment, both parties must additionally file with the Court or Magistrate not less than fourteen (14) days prior to the final hearing the information required in Division D-(a), (b), and(c) of this Rule.
Page 23 | L
The notice of intent to relocate must be filed 60 days before the relocation.
If the residential parent intends to move to a residence other than the last residence of court record, he/she shall file a notice of intent to relocate with this Court sixty (60) days in advance. Except as provided in ORC 3109.051(G)(2), (3), and (4) pertaining to incidents involving a conviction of domestic violence, a copy of such notice shall be mailed by the Court to the non-residential parent. On receipt of the notice, the court, on its own motion or on the motion of the non-residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child(ren) to revise the parenting time schedule for the child(ren). Said notice shall be filed 60 days prior to the relocation.
Page 28 | RELOCATION NOTICE
The notice must be filed 60 days before the relocation.
Said notice shall be filed 60 days prior to the relocation.
Page 37 | 1. RELOCATION NOTICE
Requests for special instructions shall be submitted to the Court at the commencement of trial. There is reserved to counsel the right to submit supplemental requests for instructions during trial, or at the conclusion of the evidence, on matter than cannot be
Requests for special instructions shall be submitted to the Court at the commencement of trial. There is reserved to counsel the right to submit supplemental requests for instructions during trial, or at the conclusion of the evidence, on matter than cannot be
Civil cases
Page 24 | VI JURY INSTRUCTIONS
Discovery must be completed before the Court signs the Pretrial Order, unless good cause exists.
(Except for good cause, all discovery shall be completed before the Pretrial Order is signed by the Court.
Civil cases
Page 24 | (H) DISCOVERY
If no contrary entry has been received, the court shall approve the submitted entry within five days of certification if it conforms to the court’s order.
Within five (5) days of certification, if the Court has not received a proposed entry or decree contra to that submitted, it shall approve the entry or decree submitted if in accordance with the Order of the Court.
Page 16 | Rule IX.C — Judgment Entries
Check the local court rules to determine when the affidavit must be filed.
Instructions: Check local court rules to determine when this form must be filed.
Civil cases
Page 3 | AFFIDAVIT OF INCOME AND EXPENSES
The Child Support Agency must notify the applicant in writing within 20 days after receiving the application whether the case was accepted.
I understand that the Child Support Agency - within 20 days of receiving this application will contact me by a written notice to inform me if my case has been accepted for child support services (IV-D Services)
Civil cases
Page 12 | APPLICATION FOR CHILD SUPPORT SERVICES
(4) In the event other witnesses are to be called at the trial a statement of their names and addresses and the general subject matter of their testimony will be served upon opposing counsel and filed with the Court at least Days prior to trial.
(4) In the event other witnesses are to be called at the trial a statement of their names and addresses and the general subject matter of their testimony will be served upon opposing counsel and filed with the Court at least Days prior to trial.
Civil cases
Page 23
Service and Proof of Service Rules
The filing party is responsible for serving motions; the Court or Clerk is responsible only if the filing party specifically requests service from the Clerk.
Service of all motions shall be the responsibility of the party filing the same, and not the responsibility of the Court or the Clerk of Courts unless specific request is made of the Clerk by the filing party.
Page 13 | RULE VIII — MOTIONS
Post-judgment motions in domestic relations cases must be served on the opposing party in the manner used for original service of summons under the Ohio Rules of Civil Procedure.
Service of post-judgment motions in domestic relations cases shall be had upon the opposing party in the same manner as provided for original service of summons by the Ohio Rules of Civil Procedure.
Page 13 | RULE VIII — MOTIONS
Motions filed after the original complaint must be served as provided by Rule 5 of the Ohio Rules of Civil Procedure.
Service of any motion made following the filing of the original complaint shall be as provided in Rule 5 of the Ohio Rules of Civil Procedure as the same is now or may from time to time be amended.
Page 13 | RULE VIII — MOTIONS
The filer must provide hearing notice to opposing counsel or unrepresented opposing parties and certify that notice was provided.
It is the responsibility of counsel or the party filing the motion to set forth upon said motion the date and time of hearing in accordance with these Rules, and to certify that notice of the same has been provided to opposing counsel or the opposing party or parties if not represented by counsel as provided by these Rules.
Page 14 | RULE VIII — MOTIONS
If the recipient does not approve or disapprove within the stated time limit, the prevailing party’s attorney must promptly submit the entry to the court with proof of service on the opposing counsel or party.
When counsel or the opposing party to whom such judgment entry or decree is submitted fails to approve or disapprove said entry within the aforesaid time limits, then the attorney for the prevailing party shall forthwith submit to the Court a copy of the judgment entry or decree along with proof of service on opposing counsel or the opposing party.
Page 15 | Rule IX.C — Judgment Entries
If the prevailing side fails to submit a proposed entry to the opposing side within 14 days, the losing side must submit one to the court with certification of service on the prevailing side.
If counsel for the prevailing party, or the prevailing party if unrepresented, fails to submit a proposed entry or decree to opposing counsel or the opposing party if unrepresented within the 14 days set forth herein, then counsel for the losing party or the losing party if unrepresented by counsel, shall submit a proposed judgment entry or decree to the Court with certification of service upon the prevailing party or counsel for the same.
Page 15 | Rule IX.C — Judgment Entries
After a default or summary judgment, the prevailing party must mail the judgment entry to the party against whom judgment was entered and file a certificate of mailing with the clerk.
In any case in which a judgment by default or summary judgment is granted, the prevailing party shall forward a copy of the judgment entry to the party against whom said judgment was rendered and shall certify the mailing of the same by filing a certificate of mailing with the Clerk.
Page 16 | Rule IX.E — Judgment Entries
In any case in which the final appealable judgment or order has been rendered, other than a judgment or order rendered against a party in default for failure to appear, the Trial Judge rendering said judgment or order shall cause to be indicated upon the same a notation that said judgment or order is a final appealable order, and thereupon, the Clerk of Courts shall, within three (3) days of the entry of said final appealable judgment or order, serve a notice of the entry in any manner provided under Rule 5 of the Ohio Rules of Civil Procedure upon the parties against whom the order was rendered.
In any case in which the final appealable judgment or order has been rendered, other than a judgment or order rendered against a party in default for failure to appear, the Trial Judge rendering said judgment or order shall cause to be indicated upon the same a notation that said judgment or order is a final appealable order, and thereupon, the Clerk of Courts shall, within three (3) days of the entry of said final appealable judgment or order, serve a notice of the entry in any manner provided under Rule 5 of the Ohio Rules of Civil Procedure upon the parties against whom the order was rendered.
Page 16 | Rule IX.F — Judgment Entries
A post-judgment motion must be served on the adverse party under the Ohio Rules of Civil Procedure and the Court’s rules.
Any post-judgment motion thereafter filed shall be served as provided by the Ohio Rules of Civil Procedure and Rules of this Court upon the adverse party.
Page 22 | G
The Court must mail a copy of the relocation notice to the non-residential parent, except as provided for the specified domestic-violence circumstances.
Except as provided in ORC 3109.051(G)(2), (3), and (4) pertaining to incidents involving a conviction of domestic violence, a copy of such notice shall be mailed by the Court to the non-residential parent.
Page 28 | RELOCATION NOTICE
When the defendant’s residence is unknown in a divorce, annulment, or legal separation action, service must follow Ohio Civil Rule 4.4(A)(2), and the Clerk must post the notice at the specified court and county locations and the Jefferson County Human Services Center Building.
In accordance with Rule 4.4(A)(2) of the Ohio Rules of Civil Procedure, in all divorce, annulment, and legal separation actions, if the residence of the defendant is unknown, service shall be had as provided by said Rule. The Clerk of Courts shall post the appropriate notice on the bulletin board of the Court to which the case has been assigned and on the bulletin boards of the county court within whose jurisdiction the defendant/respondent’s last known residence address is located and the Jefferson County Human Services Center Building in Steubenville, Ohio, both facilities being the designated public places for posting.
Page 41 | T
Notice of a media request to record or broadcast must be given to all counsel of record.
2. Notice of said request shall be given to all counsel of record.
Page 45 | C. MEDIA
The party dismissing a case must notify all other parties or their counsel of record.
In addition thereto, the dismissing party shall provide notice of said dismissal to all other parties in said action or their counsel of record.
Page 45 | B. VOLUNTARY DISMISSALS
Filing a certificate of service is required to prove service of interrogatories or answers on the opposing party or parties.
In lieu thereof, a certificate of service of the serving of interrogatories or answers thereto shall be filed as proof of the serving of the same upon the opposing party or parties.
Page 46 | F
Each party must serve the affidavit with their first pleading in every parenting proceeding.
By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court, including Dissolutions, Divorces and Domestic Violence Petitions.
Civil cases
Page 29 | PARENTING PROCEEDING AFFIDAVIT (R.C. 3127.23(A))
A pleading requesting personal service on an opposing or newly added party must include a deposit set by the applicable authority to secure the reasonable cost of service.
G. Any pleading filed in which personal service is requested to be made upon the opposing party or any new party sought to be added to the pending suit shall be accompanied by a deposit in a sum to be determined by the Clerk of Courts, Statutes of Ohio, or Rules of this Court sufficient to secure the reasonable cost of perfecting the same.
Page 9 | SECURITY FOR COSTS
The party requesting personal service by a process server other than the Jefferson County Sheriff must pay the entire cost.
Should personal service be requested by a process server other than the office of the Sheriff of Jefferson County, Ohio, the cost of the same shall be paid in its entirety by the party requesting the same.
Page 9 | SECURITY FOR COSTS
In domestic relations cases, serving former counsel does not serve the opposing party unless that party appears in open court and acknowledges the service.
Service in said cases upon former counsel of record shall not be considered to be service upon the opposing party unless said opposing party appears in open Court and acknowledges the same.
Page 13 | RULE VIII — MOTIONS
The additional-witness statement must be served on opposing counsel; the source leaves the number of days before trial blank.
(4) In the event other witnesses are to be called at the trial a statement of their names and addresses and the general subject matter of their testimony will be served upon opposing counsel and filed with the Court at least Days prior to trial.
Civil cases
Page 23
Filing Fees and Waivers
A requester must provide security for copy-reproduction costs, unless the requester has filed a poverty affidavit.
The Clerk shall not be required to provide copies to any person requesting the same without causing security for costs of reproduction to be provided, except that this requirement shall not apply to those parties filing or having previously filed a poverty affidavit.
Page 6 | RULE V — REMOVAL OF FILES, PLEADINGS OR OTHER DOCUMENTS
The party seeking publication must ascertain the publication costs from the publisher and pay them directly to the publisher in advance.
In any legal proceeding in which service by publication is required, or any proceeding in which publication costs are required to be incurred, said costs of publication must be ascertained from the publisher and paid in advance directly to the publisher by the party seeking the same.
Page 7 | RULE VI — SECURITY FOR COSTS
A filed poverty affidavit exempts a matter from the security-for-costs rules, subject to the assigned Trial Judge determining at the first hearing whether the affidavit was proper.
These Rules providing for the security of costs shall not apply in those matters in which a poverty affidavit is filed, but at the first hearing in said matter a determination shall be made by the Trial Judge to whom said matter has been assigned as to whether or not a poverty affidavit was proper in said matter.
Page 7 | RULE VI — SECURITY FOR COSTS
The Clerk determines costs for original pleadings in civil or domestic proceedings and requires an advance deposit or security before accepting a pleading or other document for filing.
Costs for all original pleadings filed in any civil or domestic proceeding, including domestic modification matters, shall be as determined by the Clerk of Courts, Statutes of the State of Ohio, or Rules of this Court. The Clerk shall require an advance deposit, or security for such costs before accepting any pleading or other document for filing.
Page 7 | RULE VI — SECURITY FOR COSTS
A motion in a domestic relations case, whether filed during the case or after a final decree, must be accompanied by a deposit for costs in an amount determined by the Clerk, Ohio statutes, or court rules.
Any motion filed in a domestic relations case, either during the pendency of said case, or after the granting of a final decree of divorce, legal separation, or dissolution, shall be accompanied by a deposit to secure the payment of costs in a sum determined by the Clerk of Courts, Statutes of Ohio, or Rules of this Court.
Page 7 | RULE VI — SECURITY FOR COSTS
If the poverty affidavit is not well founded, the action may be dismissed unless costs are deposited or secured with the Clerk immediately.
well founded then this shall constitute grounds for dismissal of the action unless costs are deposited or secured with the Clerk forthwith.
Page 9 | SECURITY FOR COSTS
A defendant filing a counterclaim when the plaintiff has filed a poverty affidavit must deposit court costs unless the defendant is indigent and files an affidavit of inability to pay with the counterclaim.
In cases wherein the Plaintiff has executed and filed a poverty affidavit, a Defendant filing a counterclaim shall comply with the provisions of this Rule with respect to the prepayment of a deposit of court costs, unless the party filing the counterclaim is also indigent and likewise executes and files an affidavit of inability to pay together with his or her pleading.
Page 17 | RULE X, DOMESTIC RELATIONS, A
A party filing a divorce, annulment, legal-separation, or dissolution pleading must prepay or deposit court costs, excluding attorney fees, before filing.
No Complaint for Divorce, Annulment, Legal Separation, or Petition for Dissolution of Marriage, shall be filed until the party filing the same makes a prepayment or deposit with the Clerk of Courts in a sum or sums established by the Clerk of Courts, Statutes of Ohio, or Rules of this Court to secure the costs likely to accrue in such action, exclusive of attorney fees.
Page 17 | RULE X, DOMESTIC RELATIONS, A
If both parties request an investigation, each must deposit $25 unless one or both are found indigent, in which case the Court allocates the costs.
If both parties request an investigation, each party shall be required to deposit the sum of $25.00 as security for costs of the same, unless one or both parties are found to be indigent, in which case, costs shall be allocated as determined by the Court.
Page 18 | RULE X, DOMESTIC RELATIONS, B
A party requesting an investigation must deposit $50 in advance unless the Court finds the party indigent.
If a party to a domestic case requests an investigation in accordance with the preceding paragraph, said party shall be required to make an advance deposit of costs in the sum of $50.00 to secure the expenses incurred with respect to the costs of undertaking and completing the requested investigation, unless found by the Court to be indigent.
Page 18 | RULE X, DOMESTIC RELATIONS, B
The only fee chargeable for child support services is a one-dollar application fee, which some counties pay for applicants.
- C. The only fee you can be charged for services is a one dollar application fee. Some counties pay this fee for the applicants.
Civil cases
Page 12 | APPLICATION FOR CHILD SUPPORT SERVICES
No filing fee may be charged for a Domestic Violence petition filed under Ohio Revised Code Section 3113.31, notwithstanding other security-for-costs rules.
F. Notwithstanding any other provision of these Rules providing for security for costs of suit, no fee shall be charged to any person for the filing of a Petition in Domestic Violence filed in accordance with Section 3113.31 of the Ohio Revised Code as the same now is or may from time to time be amended.
Page 9 | SECURITY FOR COSTS
In civil cases other than eminent domain, a party requesting a view must deposit a fee sufficient to cover transportation costs, and the requirement may be waived only with the presiding judge's express written approval for good cause.
H. In any civil case other than eminent domain cases in which a view of premises of the scene is requested, the party requesting the same shall cause to be deposited with the Clerk of Courts a fee as determined by the Clerk of Courts, Statutes of Ohio, or Rules of this Court, or any amount determined by the Judge presiding over the trial in which the view is requested, in an amount sufficient to secure the costs of transportation of the Court and Jury to the premises or scene. This requirement may not be waived without express written approval of the Judge presiding at said trial and only for good cause shown.
Page 9 | SECURITY FOR COSTS
When the poverty affidavit was filed on good grounds but the opposing party can secure the action's costs, the Court must require that party to secure them.
E. In the event that the Court determines that the party filing the poverty affidavit had good grounds upon which to do so, but that the opposing party has the means of securing the costs of the action, then the Court shall require the opposing party having the means to secure the costs to do so.
Page 9 | SECURITY FOR COSTS
The investigation cost is taxed as other case costs unless the Court determines otherwise.
The cost of said investigation shall be taxed as other costs in the case or as the Court may determine.
Page 17 | RULE X, DOMESTIC RELATIONS, B
Transcripts for appeals or objections to magistrate findings cost $2.75 per page for the original and one copy.
The cost of transcriptions for purposes of appealing any decision of any Court or for purposes of use with respect to objections filed from Findings and Recommendations of the Magistrate shall be $2.75 per page, which cost shall be for an original to be filed with the appropriate Appellate Court or Trial Judge and one (1) copy for Appellant or Appellant's counsel.
Page 48 | K
Transcripts for purposes other than appeals or objections to magistrate findings cost $2.00 per page.
Transcripts for purposes other than appeals or objections from Findings and Recommendations of the Magistrates shall be $2.00 per page.
Page 48 | K
Additional transcript copies cost $1.50 per page, except copies for indigent parties cost $1.00 per page.
Additional copies shall be $ 1.50 per page, other than for indigent parties, in which case the cost shall be $1.00 per page.
Page 48 | K
Courtesy Copy Requirements
A pleading, motion, or other application seeking relief or raising a defense must be accompanied by one additional copy for the Court marked “Court Copy” to be accepted for filing.
No pleading, motion, or other application to the Court seeking relief or raising a defense shall be accepted for filing without an additional copy provided for the Court and marked “Court Copy”.
Page 12 | RULE VII — FILING OF PLEADINGS
Sealing & Redaction Procedures
A party may request that their current address or the children's address not be disclosed and that their address be placed under seal for protection.
I request that the court not disclose my current address or that of the child(ren). My address is confidential pursuant to R.C. 3127.23(D) and should be placed under seal to protect the health, safety, or liberty of myself and/or the child(ren).
Civil cases
Page 29 | Check and complete ALL THAT APPLY
Pre-Motion Conference Requirements
For a post-decree motion to modify custody or support, the responding party’s attorney must promptly contact opposing counsel upon retention and schedule a resolution meeting before the hearing; the Court may continue the hearing if counsel has not made a good-faith effort to resolve the motion.
Upon the filing of any post-decree motion to modify custody or support the attorney representing the party against whom the motion is directed shall, immediately upon being retained, contact opposing counsel and schedule a meeting for the purpose of attempting to resolve the motion prior to the date of hearing. The Court reserves the right to continue the hearing if counsel has not made a good faith effort to resolve the motion without a court hearing.
Page 41 | R
Adjournment & Extension Requirements
A continuance in a case set for trial requires counsel to file a motion stating the reasons, and the motion is heard under the Rules; in Domestic Relations cases, the parties must approve the continuance unless the defendant has not appeared, and every continuance must be to a date certain.
Continuances shall not be granted in any case set for trial without counsel for the party seeking the same filing a motion requesting a continuance and setting forth the reasons therefore. The motion shall be heard as otherwise provided in these Rules. In all Domestic Relations cases, continuances will only be granted if the parties, unless the defendant has not appeared, approve the entry of continuance. All continuances shall be to a date certain.
Page 46 | E
A motion hearing may be scheduled one week earlier or later than the rules provide, but an earlier date requires approval from the Court and/or opposing counsel or the unrepresented opposing party.
Motions may be scheduled either one week sooner or one week later than as provided in these Rules, but if one week sooner, it must be with the approval of the Court and/or opposing counsel or the opposing party, if unrepresented by counsel.
Page 14 | RULE VIII — MOTIONS
If submission will take more than 14 days, the court must be informed of that fact, the reasons, and when the entry is expected to be filed.
In the event that the order, judgment, or decree shall require more than 14 days for submission to the Court, said fact shall be made known to the Court and the reasons therefore and a time given the Court as to when said order, judgment, or decree can be expected to be filed with the Court.
Page 15 | Rule IX.B — Judgment Entries
Chambers Communication Rules
News media must make a prior written request to the Trial Judge, obtain approval from all counsel or unrepresented parties in open court and on the record, and receive the Judge’s discretionary decision before recording or broadcasting open-court proceedings.
The broadcasting, televising, recording, and photographing by news media of proceedings held in open court shall not be permitted without compliance with the following conditions: 1. Prior written request is made to the Trial Judge to broadcast, televise, record or photograph courtroom sessions. Notice of said request shall be given to all counsel of record. 3. No permission will be granted without approval of all counsel of record, or the parties if not represented by counsel, done in open court and on the record. 4. If agreement by all counsel or the parties, if not represented by counsel, is given, then the granting or denying of such request shall be at the discretion of the Trial Judge in accordance with Canon 3(A)(7) of the Code of Judicial Conduct, the Rules of Superintendence, and this Rule.
Page 45 | C. MEDIA
Before filing a voluntary dismissal, the plaintiff must bring it to the assigned Trial Judge’s attention.
Any case being voluntarily dismissed by a Plaintiff under the provisions of Rule 41 of the Ohio Rules of Civil Procedure shall be brought to the attention of the Trial Judge to whom said matter is assigned, prior to the filing of said dismissal with the Clerk of Courts.
Page 45 | B. VOLUNTARY DISMISSALS
If a party requests a hearing concerning the order, that party’s counsel must call the Magistrate’s office to schedule it as soon as the docket permits.
If either Party requests a Hearing on any part of this Order, that Party's counsel is to contact the Magistrate's office at (740) 283-8625 for the scheduling of a Hearing as soon as the Docket permits.
Civil cases
Page 28 | Mutual Restraining Order
While the case is pending, each party must inform the Court of any other proceeding concerning the children in any court in any state.
Each party has a continuing duty while this case is pending to inform the Court of any parenting proceeding concerning the child(ren) in any other court in this or any other state.
Civil cases
Page 29 | PARENTING PROCEEDING AFFIDAVIT (R.C. 3127.23(A))
An attorney who has appeared for a party must immediately provide the Court with the new practice’s name, address, and telephone number upon relocating to a new firm or address.
Any attorney entering an appearance on behalf of any party in any proceeding in this Court shall, upon relocating to a new firm or address, immediately provide the Court with the name, address, and telephone number of the new place of practice.
Page 12 | RULE VII — FILING OF PLEADINGS
Failure to provide the Court with updated practice information may be considered grounds for contempt.
Failure to do so may be considered as grounds for contempt of court.
Page 12 | RULE VII — FILING OF PLEADINGS
Counsel scheduled to appear before both General Division Judges, or before a Judge and the Magistrate, on Motion Day must notify the appropriate Court where counsel will appear first.
Counsel required to appear before both General Division Judges of the Common Pleas Court or one of the Judges and the Magistrate on Motion Day shall notify the appropriate Court as to which Court in which counsel will first appear.
Page 14 | RULE VIII — MOTIONS