Knox County Court of Common Pleas, General and Domestic Relations Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:

Limits & Logistics
Courtesy Copies
Motion
Petition Filing
- 1 copy • Upon Filing

Adjournments
- If the system fails to generate a Notice of Electronic Filing and the filing party has no other proof of service, the party to be served may be entitled to an extension for a response or other required act.
- Counsel may file an agreed entry extending the time to move or plead, provided the extension does not exceed 28 days.
- For an extension beyond 28 days or when the parties cannot agree, the requesting party must file a motion, supporting memorandum, and proposed entry by the expiration of the current time.
- +18 more
Request must include
- A request to reschedule a parenting coordination session must be made to the parenting coordinator at least two weeks before the scheduled session.

Communication
Phone
Document Format Requirements40 rules
Every Civil Protection Order shall be filed on the appropriate Supreme Court Form.
Filers must leave a blank margin space no less than 1.25 inches high at the top right corner of the front page of each document for date and time stamps.
All electronically filed documents, pleadings, and papers shall be filed with the clerk in portable document format (PDF) with the exception of proposed orders.
- File type
Formatting
- •The PDF requirement does not apply to proposed orders
Only black and white documents shall be accepted. No color documents shall be accepted.
A filed pleading shall not be filed as a scanned image document. Such pleadings shall be filed in a PDF format that permits word searches.
- File type
- Pleadings
Formatting
- •A filed pleading may not be filed as a scanned image document
- •The PDF must permit word searches
Proposed orders must be submitted in Word [.doc or .docx] and reference the specific motion to which it applies.
- File type
- Word
Formatting
- •Word .doc or .docx format is permitted
All pleadings shall be double-spaced, in 12pt Georgia, Times New Roman or Arial font. No single spaced pleadings shall be accepted for filing.
- Font size
- 12 points
- Line spacing
- Double
Formatting
- •The permitted fonts are Georgia, Times New Roman, or Arial
- •Single-spaced pleadings are not accepted for filing
A filed document shall not contain links to other documents or references in the court's case management system, unless they are incorporated into the filed document. External links must be removed from all documents prior to filing.
Formatting
- •External links must be removed from all documents before filing
No combination of PDF files in one transmission may accumulate to more than thirty megabytes (30MB) in size.
Documents containing signatures of third-parties (i.e., unopposed motions, affidavits, stipulations, etc.) shall be electronically filed only as a scanned image of the original signed document.
Documents filed electronically with the clerk that require an attorney's or filing party's signature shall be signed either in original format in blue or black ink on a paper document and scanned to PDF, or with an electronic conformed signature of "/s/ (name)."
Documents shall be limited to ten megabytes (10MB) in size.
Formatting
- •Each document may not exceed ten megabytes (10MB) in size
Documents shall be submitted in a resolution not less than 300 dots per inch (DPI).
1.05 No two-sided pleadings, motions, or judgment entries shall be accepted by the Clerk of Courts for filing.
- Pleading
- Motion
- Judgment entry
Formatting
- •Two-sided documents shall not be accepted for filing
In criminal cases, entry of appearance by counsel shall be on a form approved by the Court.
The applicable case-caption legend must be in 12-point bold type, subject to the stated scope and exceptions.
- Font size
- 12 points
- Case caption
Court's wording
(B) This rule shall not apply to tax foreclosure actions, or to any case in which the amount of taxes and special assessments of a parcel of real property is at issue. In cases other than tax foreclosures, the case caption shall contain the legend "Taxes Contested" or "With Cross-Claim Contesting Taxes" in 12 point bold type, in a manner substantially similar to the following examples:
Forms submitted must be originals or photocopies of forms prescribed, or be produced using the software issued by the Ohio Public Defender.
Hours must be itemized on all forms in tenth of an hour (6 minute) increments.
The financial affidavits shall be in the same format and include the same information as required for temporary support orders and must adhere to Local Rule 8.0 requirements.
After a pleading or motion has been filed, there shall be no amendments by interlineation or obliteration except by prior approval of the Court.
- Pleading
- Motion
Formatting
- •After filing, amendments by interlineation or obliteration require prior Court approval
Every Civil Protection Order shall be filed on the appropriate Supreme Court Form.
All such entries submitted shall also be submitted in Word Format via e-mail or e-filing as an attachment when applicable.
Formatting
- •Word Format
15.1 Form. Except in cases of emergency or by order of the Court on its own motion, a motion for a continuance of a cause after it has been set for hearing must be in writing.
The entry/order shall also be submitted in Word Format via e-mail.
Formatting
- •The entry or order shall be submitted in Word format via email
Once an entry or order has been signed by the Court, absolutely no interlineation, deletions or additions are to be made without prior approval of the Court.
A party may file written objections to a parenting coordinator's decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.
- Objection
Formatting
- •Objections must be written
The parenting coordinator has fourteen days from the date of the receipt of the comment/complaint to respond in writing to the Magistrate.
Pursuant to Superintendence Rule 91.05, all orders appointing Custody Evaluators shall substantially comply with the Order set forth in Item 14 of the Appendix to this Rule.
When using a pre-printed subpoena form, obliterate the Clerk of Court and Seal information and replace “Deputy Clerk” with the attorney’s name and represented party.
Court's wording
If the pre-printed subpoena form is used, the Clerk of Court and Seal information in the lower right-hand portion of the subpoena shall be obliterated, and the Deputy Clerk title under the signature line shall be replaced with the attorney's name and party the attorney is representing (e.g., John Q. Public, Attorney for Plaintiff).
Therefore, the Clerk shall not charge as a Court cost to a case any fees for service of a subpoena by an attorney, and the return of service shall not include any fees for service, mileage, or copies.
The return of service shall clearly indicate in the lower left-hand portion of the subpoena the type of service perfected (Personal or Residential), and the signature lines for "Sheriff" and "Deputy" shall be replaced with one signature line for the attorney serving the subpoena.
Jury questionnaires shall not include addresses or telephone numbers of jurors
The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person shall be: - 1. Phrased in a manner readily understandable by an individual unfamiliar with the legal and jury systems;
All forms submitted must be originals or photocopies of forms prescribed by the Ohio Public Defender, or be produced using the software issued by the Ohio Public Defender.
The form shall substantially conform with the format as shown on page 23.
Formatting
- •The form must substantially conform to the format shown on page 23
Document Filing Requirements381 rules
A petitioner filing a non-paper physical exhibit must provide the Clerk two copies, but may keep a sole copy for the final hearing after the Respondent has had a chance to review it.
Court's wording
Should a Petitioner wish to file with the Clerk of Court a cd, USB, or other physical exhibit which is not on paper, the Petitioner shall supply to the Clerk of Court two (2) copies of the cd, USB, or other physical exhibit which is not on paper. Should the Petitioner only have one such copy of the item, the Petitioner may keep the exhibit to be introduced at the final hearing, after the Respondent has had a chance to review the exhibit.
An ex parte Civil Protection Order petition must be accompanied by a notarized affidavit with facts supporting entitlement to the order and a jurat notary.
Court's wording
Should a Petitioner wish to request an ex parte Civil Protection Order, the petition shall be accompanied by a notarized affidavit stating facts sufficient to establish that the Petitioner is entitled to an ex parte Order. No request for an ex parte Civil Protection Order shall be filed with the Clerk of Court without an affidavit including a jurat notary.
The Petitioner shall inform the Court in the Petition, or at the first hearing in the case, whichever is earlier, about the existence and terms of any other order of any Court that affects the rights of the Petitioner, the protected persons, and the Respondent identified in the Petition.
shall summarize in a filing any recording.
All dismissals of Civil Protection Orders shall include instructions to the Clerk to provide a copy of the dismissal entry to all law enforcement agencies originally notified of the Civil Protection Order.
entries setting or continuances of a hearing or trial date (these will be signed manually by the Judge and filed in paper format by the court staff)
Entries waiving counsel, speedy-trial rights, or a jury trial must be manually signed by the Defendant and filed in original form.
Court's wording
Entry waiving Right to Counsel (these must be manually signed by the Defendant and the original filed); Waiver of Speedy Trial Rights (these must be manually signed by the Defendant and the original filed); Waiver of Jury Trial and Entry (these must be manually signed by the Defendant and the original filed);
the original cognovit notes must be reviewed prior to the Court signing the proposed cognovit judgment entries.
Exhibits which are tangible and cannot be stored in an electronic format (such exhibits shall be identified by a Notice cover page using the caption of the case, the case number, the judge, the identity of the filing party, and a description of the exhibit or tangible thing);
Proposed orders must be submitted in Word [.doc or .docx] and reference the specific motion to which it applies.
The correct format for an attorney conformed signature is as follows: /s/ Attorney Name Attorney's Name Bar Number OOXXXXX Attorney for (party) Law Firm Address Telephone number Email address Fax number (if any)
- Document
- Attorney conformed signature
- Placement
- Signature block
For a document requiring multiple signatures, the filer must confirm all signers accept its contents, indicate their agreement in the document, and e-file it identifying the signatories.
Court's wording
(i) The filing party or attorney shall confirm that the content of the document is acceptable to all persons required to sign the document. The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line. (ii) The filing party or attorney then shall file the document electronically, indicating the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc.
An electronically filed document must include a certificate of service identifying how each entitled party was served and containing the prescribed language.
- Document
- Electronically filed document
Must include
- •Certificate of service
Court's wording
A certificate of service on all parties entitled to service is still required when a party files a document electronically. The certificate must state the manner in which service was accomplished on each party so entitled. The certificate of service shall contain the following language: I hereby certify that I served the documents by process server, regular U.S. mail, commercial carrier, or electronic means (whichever is applicable) to the following (list of parties served).
1.03 The original and sufficient copies of the pleadings or motion to be served by the Clerk of Courts or Sheriff shall be filed with the Clerk.
Pleadings and motions filed for a party must provide counsel's contact and registration information and, if filed by a firm, identify the attorney primarily responsible.
Court's wording
1.02 Every pleading or motion filed on behalf of a party shall contain the name, address, telephone number, e-mail address for service by electronic means under Civ.R. 5(B)(2)(f), and Ohio Supreme Court attorney registration number of counsel. If filed by a law firm, the name of the particular attorney primarily responsible for the case shall also appear.
1.01 In every initial pleading or motion, filed on behalf of a party or parties, the caption shall set forth the names and complete addresses of each party.
- Document
- Initial pleading or motion
- Placement
- Caption
1.03 Any papers served electronically by the Clerk shall include a Certificate of the Clerk of Courts that the document is a true and correct copy of the original filed in the Clerk's office.
1.02 For parties not represented by counsel, every pleading or motion filed shall contain their name, address, telephone number, and email address for service by electronic means under Civ.R. 5(B)(2)(f).
When an action requires a social security number or other defined personal identifier, the prescribed Confidential Disclosure of Personal Identifiers form must be completed and filed to provide that information to the Court.
Court's wording
Pursuant to Sup.R. 45(D) (3), all personal identifiers shall be provided to the Court on the Confidential Disclosure of Personal Identifiers form promulgated by the Supreme Court as prescribed in and adopted by this rule. The Confidential Disclosure of Person Identifiers form shall be completed and filed in any action that requires a social security number or other personal identifier as defined in Sup. Rule (44)(H).
5.01 All motions shall be accompanied with a memorandum in support stating the grounds and citing applicable authorities, with an Order granting the relief requested.
2.03 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.
In civil cases, parties must file and serve a pretrial statement containing each of the listed facts, issues, exhibits, damages, examination, deposition, amendment, expert-witness, trial-time, and scene-view items.
- Document
- Pretrial statement
Must include
- •Statement of facts
Court's wording
In all civil cases, the parties shall file and serve upon all opposing counsel or parties a pretrial statement which shall include: - (A) A brief statement of the facts; - (B) The issues of law; - (C) Identification of all exhibits expected to be offered at trial; - (D) Any itemization of expenses, loss of income, and other special damages; - (E) Any requests for medical examination of the adverse party; - (F) An identification of any persons to be deposed and the approximate dates such depositions will be taken; - (G) Specifications of any amendments to be made to the pleadings; - (H) Identifications of the names and addresses of expert witnesses to be called by the parties; - (I) An estimate of the time required for trial; - (J) A request for a view of the scene, if such request is to be made by the party.
A response to a request for production of documents or objections shall be filed with the Clerk, but the actual documents requested shall not be filed with the Clerk.
(A) Upon motion with consent of the client and a substitution of counsel, or
When counsel approves the entry, it shall be signed and presented to the Court for approval.
All entries, decrees, and other papers submitted to the Court for filing shall be presented with the appropriate copies for distribution.
All agreed entries, decrees, or entries submitted without objection of opposing counsel, shall include the signature of all counsel or indication of counsel's telephone authority for approval.
If the entry shall not be approved or rejected, the entry shall be submitted to the Court indicating approval by signature of counsel, or submission without approval.
The final entry shall designate how court costs are to be paid.
A proposed entry must be submitted.
(B) At the discretion of the Court upon motion that contains notice to the client of the time, date, and location of the trial or hearing and a showing of good cause.
13.01 The case management plan shall give notice of the pretrial, discovery cut-off dates, and the trial or final hearing date.
(A) After the last publication, the publisher or its agent shall file with the Court an affidavit showing the fact of publication together with a copy to the notice of publication;
(B) A copy of the mortgage securing payment of the note, demonstrating that the plaintiff is the mortgagee of the mortgage. If the mortgage does not reflect that the plaintiff is the mortgagee on its face, a copy of the recorded assignment of mortgage shall be filed, demonstrating that the plaintiff is the mortgagee. If the mortgage has been assigned numerous times, a copy of each recorded assignment shall be filed.
An application or motion for consideration is required to seek placement in the ARMOR Court program.
Court's wording
Placement in ARMOR Court Docket – The Court hereby establishes a general guideline on how an offender is considered for the program (an application or motion for consideration is required and to whom it is directed).
Filing & Service rules
Electronic Filing Rules
Criminal cases in which the Knox County Public Defender represents the defendant are mandatory eFile cases.
all criminal cases in which the Knox County Public Defender appears as counsel for the Defendant
Page 2 | (a) Mandatory eFile Case Types
Pleadings and instruments in mandatory eFile case types must be filed electronically unless specifically excepted.
For eFile case types designated as mandatory, the court shall not accept or file any pleadings or instrument in paper form (unless specifically excepted as provided herein).
Page 2 | ELECTRONIC FILING OF COURT DOCUMENTS
Parties or counsel who e-file or receive electronic service must participate in the court's electronic filing system.
Parties or counsel filing electronically or receiving electronic service of any documents filed must become participants in the court's electronic filing system.
Page 2 | DESIGNATED EFILE CASE TYPES
When a case type or filing is designated for e-filing, parties or counsel must promptly handle the case documents electronically unless exempt.
Upon the designation of any particular case type as an eFile case or filing, the parties (unless exempted as provided herein) or their counsel shall promptly take steps to file, serve, receive, review, and retrieve copies of their pleadings, notices, orders, and other documents filed in the case electronically.
Page 2 | DESIGNATED EFILE CASE TYPES
Parties represented by counsel must e-file documents and register to use the court's electronic filing system.
Parties represented by counsel shall eFile a document by registering to use the court's electronic filing system.
Page 2 | ELECTRONIC FILING OF COURT DOCUMENTS
Pro se parties in foreclosure cases are exempt from mandatory electronic filing.
For pro se parties in foreclosure cases, they shall be exempted from mandatory electronic filing.
Page 3 | Exemption for Indigent and Self-Represented Parties
The following listed filings must be submitted in the original or by verified facsimile using the conventional filing method.
and the following filings, which must be filed in the original or verified facsimile in the conventional method:
Page 3 | (c)(i) In criminal cases
The Clerk must scan documents submitted by exempt pro se litigants into the electronic filing system.
Thereafter, the Clerk shall scan documents presented for filing by the exempted pro se litigant to include those documents into the electronic filing system in accordance with this Administrative Order.
Page 3 | Exemption for Indigent and Self-Represented Parties
The listed filings, including subpoenas, indigent filings, dismissal entries, hearing or trial date entries, and vexatious-litigant filings, must be submitted on paper by U.S. Mail or at the Clerk's counter rather than electronically.
These are case types and filings that may not be filed electronically and shall be presented in paper form via traditional means via U.S. Mail or at the clerk's counter. These include all subpoenas in all cases, indigent filings, entries of dismissal of claims or cases, entries setting or continuances of a hearing or trial date (these will be signed manually by the Judge and filed in paper format by the court staff); any filings made by a person who has been deemed by a court to be a vexatious litigator;
Page 3 | (c) Prohibited eFile Case Types
A non-party filing a motion to intervene in an e-file case must first request to be added to the case in the e-filing system as a non-party.
Motions to Intervene filed by a non-party in an eFile case shall be filed only after the filing party requests to be added in the e-Filing system as a non-party to the case.
Page 4 | (c)(iii) In Civil cases
The listed domestic-relations filings may not be e-filed, including pro se filings unless the litigant requests e-filing registration, and the other specified restricted filings.
In Domestic Relations cases: Subpoenas, Entries of dismissal; Entries setting or Continuances of a hearing or trial date; any filings made by a person who has been deemed by a court to be a vexatious litigator; documents filed by a pro se litigant unless the pro se litigant requests an e-filing registration. If a pro se litigant chooses to file paper documents, the Clerk shall scan those documents into the electronic filing system if the case is an eFile case. ; all filings related to Civil Protection Orders; documents filed under seal; documents presented for in camera review by the Court; Notices of appeal; any filings from a Juvenile Court case;
Page 4 | (c)(ii) In Domestic Relations cases
A non-party ordered to respond or act in an e-file case may file a paper response with the Clerk, who must scan it into the case's e-filing system.
Non-party filers who receive an Order to respond or act in an eFile case (for example, in garnishment or attachment cases) may respond in paper format to the Clerk, and the Clerk shall scan the paper document into the eFile system in the case.
Page 4 | (c)(iii) In Civil cases
A forcible-entry-and-detainer case seeking restitution must begin on paper, and all parties must be served before the case is entered in the e-filing system.
Forcible entry and detainer cases requesting restitution of property shall be commenced in paper format, and service shall be obtained on all parties prior to entering the case in the eFile system;
Page 4 | (c)(iii) In Civil cases
Cognovit actions must begin on paper, and the original cognovit notes must be reviewed before the Court signs the proposed judgment entries.
Cognovit actions shall be commenced in paper format, and the original cognovit notes must be reviewed prior to the Court signing the proposed cognovit judgment entries.
Page 4 | (c)(iii) In Civil cases
In Civil cases: Subpoenas, Entries of dismissal; Entries setting or Continuances of a hearing or trial date; any filings made by a person who has been deemed by a court to be a vexatious litigator; documents filed by a pro se litigant unless the pro se litigant requests an e-filing registration.
In Civil cases: Subpoenas, Entries of dismissal; Entries setting or Continuances of a hearing or trial date; any filings made by a person who has been deemed by a court to be a vexatious litigator; documents filed by a pro se litigant unless the pro se litigant requests an e-filing registration.
Page 4 | (c)(iii) In Civil cases
Injunctive-relief requests must begin on paper, and service must be completed or attempted on all parties under the applicable civil rules before a hearing is set or emergency relief is granted.
Injunctive relief requests shall be commenced in paper format, and service must be had or attempted on all parties in accordance with the applicable civil rules, prior to setting of any hearing or the granting of any emergency relief by the Court.
Page 4 | (c)(iii) In Civil cases
A pro se litigant's domestic-relations filings may not be e-filed unless the litigant requests e-filing registration.
documents filed by a pro se litigant unless the pro se litigant requests an e-filing registration.
Page 4 | (c)(ii) In Domestic Relations cases
If a pro se litigant in a domestic-relations e-file case submits paper documents, the Clerk must scan them into the electronic filing system.
If a pro se litigant chooses to file paper documents, the Clerk shall scan those documents into the electronic filing system if the case is an eFile case.
Page 4 | (c)(ii) In Domestic Relations cases
The clerk will not accept paper filings from litigants represented by counsel in mandatory eFile case types.
The clerk shall not accept or file any document in paper form in mandatory eFile case types from litigants represented by counsel.
Page 5 | (B) ELECTRONIC FILING OF PLEADINGS AND OTHER DOCUMENTS
Pleadings, motions, briefs, and other specified documents in designated eFile case types must be filed electronically through the court’s electronic filing system.
All pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders, or other documents submitted in designated eFile case types shall be filed electronically through the court's electronic filing system.
Page 5 | (B) ELECTRONIC FILING OF PLEADINGS AND OTHER DOCUMENTS
Designated representatives must use their confidential, unique identifier for electronic case documents, and each approved identifier holder is responsible for its security and use.
The court's electronic filing system shall assign the party's designated representative(s) a confidential and unique electronic identifier that must be used to file, serve, receive, review, and retrieve electronically filed pleadings, orders, and other documents filed in the assigned case. Each person to whom a unique identifier has been approved shall be responsible for the security and use of such identification.
Page 6 | (D) CONFIDENTIAL AND UNIQUE ELECTRONIC IDENTIFIER
Filing Timing and Cure Windows
Petitions for an ex parte Civil Protection Order filed at or after 3:00 p.m. will not be considered until the next business day the Court is in session.
Any Petition for an ex parte Civil Protection Order filed on or after 3:00 p.m. shall not be considered by the Court until the next business day that the Court is in session.
Civil cases
Page 2 | 6.3 Hearing Requirements
Registered e-file participants must file motions to withdraw property from a Sheriff's Sale at least five days before the sale and confirm with the Clerk that an order was entered; pro se parties are exempt from the deadline.
Motions to withdraw properties from Sheriff's Sale filed by registered e-file participants must be filed no later than 5 days prior to the date of the Sheriff's Sale, and the filing party must contact the Clerk's office to confirm that an order has been entered withdrawing the property from sale. Pro se parties are exempt from this 5 day requirement.
Page 3 | Exemption for Indigent and Self-Represented Parties
An electronic filing’s effective date and time are when the clerk accepts and approves it, as shown by the submitted document’s timestamp.
(8) EFFECTIVE DATE AND TIME OF FILING OF A DOCUMENT. The date and time the electronic filing was accepted and approved by the clerk of court as noted by the time stamp on the submitted document.
Page 5 | (A) DEFINITIONS
A document due that day may be e-filed through 11:59 p.m. Eastern Time; a filing after that time is deemed filed the next day.
Further, on the date on which a document must be filed, the document may be electronically filed up until 11:59 p.m. Eastern Time. Any document filed after 11:59 p.m. Eastern Time shall be deemed to have been filed on the next day.
Page 10 | (H) TIME FOR FILING AND EFFECT OF USE OF EFILE
An electronic document is considered filed when transmission is complete and any required payment has been successfully tendered electronically.
Any document filed electronically shall be considered as filed with the court when the transmission of the court's electronic filing system is complete ("effective date and time") and payment, if required, has been successfully tendered electronically.
Page 10 | (H) TIME FOR FILING AND EFFECT OF USE OF EFILE
The ability to e-file every day does not move a filing deadline to a day when the Clerk's office is closed.
Nonetheless, the ability to file seven days a week shall not advance the date within which any document must be filed to a date on which the clerk of courts is not open (that is, on a weekend, legal holiday, or other closure).
Page 10 | (H) TIME FOR FILING AND EFFECT OF USE OF EFILE
A rejected document is not filed or part of the official record, and the filer must resubmit it to meet filing requirements or deadlines.
(6) In the event that the submitted document is REJECTED by the clerk following review, the document is not filed and shall not become part of the official court record, and the filer will be required to re-submit and file the document to meet any filing requirements or deadlines.
Page 11 | SYSTEM FILING ERRORS
The clerk must reject noncompliant filings and send the filer an electronic notice of deficiency.
(5) If a filing is found to have any missing element or to not otherwise comply with court rules, policies, procedures and practices, the clerk of courts shall reject the filing and send an electronic notice of deficiency to the filer.
Page 11 | SYSTEM FILING ERRORS
Notice of a settlement or dismissal must be given at least two court days before the jury-trial date.
8.02 The party/parties requesting a jury trial shall notify the Assignment Commissioner not less than two court days in advance of the jury trial date of the settlement or dismissal of the case.
Page 2 | RULE 8 – COSTS OF JURY TRIALS
When a jury is scheduled in a criminal case, plea negotiations must be completed and approved by the Court at least two court days before trial for the Court to consider them.
8.03 In criminal cases, the Court will not consider any plea negotiations unless they have been completed and approved by the Court not less than two court days in advance of the trial date when a jury has been scheduled.
Page 2 | RULE 8 – COSTS OF JURY TRIALS
Absent good cause, subpoena requests must be filed with the Clerk at least seven court days before trial or hearing for the Clerk or Sheriff to be required to act.
9.02 Except for good cause shown, the Clerk shall not be required to issue subpoenas, nor the Sheriff required to serve the same, unless requests are filed with the Clerk at least SEVEN COURT days prior to the time of the trial or hearing.
Page 2 | RULE 9 – SUBPOENAS
The jury-trial deposit must be paid to the Clerk of Courts no later than four weeks before trial.
8.01 The deposit for a jury trial request shall be as stated in the Knox County Clerk of Court's Fee Schedule, as approved by the Court, and must be paid to the Clerk of Courts no later than four weeks prior to the date of trial.
Page 2 | RULE 8 – COSTS OF JURY TRIALS
The Clerk will not accept a pleading or motion that lacks sufficient copies for service on all parties and counsel.
1.03 The Clerk shall not accept for filing any pleading or motion that does not include sufficient copies to be served upon all parties and counsel.
Page 4 | Rule 1 – Filing of Pleadings, Motions and Other Documents
The Clerk will not accept a filing that lacks the complete contact information required by this rule.
1.02 No filings shall be accepted by the Clerk without complete contact information as required in accordance with this rule.
Page 4 | Rule 1 – Filing of Pleadings, Motions and Other Documents
When no law or other rule fixes the filing time, pleadings or amended pleadings must be filed by the fourteenth day from the journal entry granting counsel leave to plead, unless the Court’s entry specifies otherwise.
3.01 In all cases where the time for the filing of any pleadings or amended pleadings is not fixed by law or other rule, the pleadings or amended pleadings shall be filed: on or before the fourteenth day from the date of the journal entry granting counsel leave to plead, the response must be filed, unless otherwise specified in the Court's entry.
Page 6 | Rule 3 – Rule Days Not Fixed by Law
A motion is deemed submitted to the Court on the twenty-eighth day after it is filed.
On the twenty-eighth day after the motion is filed, the motion shall be deemed submitted to the Court.
Page 6 | Rule 5 – Hearings and Submission of Motions
The pretrial statement must be filed seven days before the pretrial hearing.
The pretrial statement shall be filed seven days prior to the pretrial hearing.
Page 7 | 6.02
When a jury trial is scheduled in a criminal case, plea negotiations must be completed and approved by the Court at least two court days before trial for the Court to consider them.
In criminal cases, the Court will not consider any plea negotiations unless they have been completed and approved by the Court not less than two court days in advance of the trial date when a jury has been scheduled.
Page 8 | 8.03
Absent good cause, subpoena requests must be filed with the Clerk at least seven court days before trial or hearing for the Clerk to be required to issue them and the Sheriff to be required to serve them.
Except for good cause shown, the Clerk shall not be required to issue subpoenas, nor the Sheriff required to serve the same, unless requests are filed with the Clerk at least SEVEN COURT days prior to the time of the trial or hearing.
Page 8 | 9.02
Opposing counsel must approve or reject the entry within three days after receiving it.
Opposing counsel shall approve or reject the entry within three days after receipt.
Page 9 | Rule 12.01
Service and Proof of Service Rules
The Clerk may not file a non-paper physical exhibit unless it has been duplicated for service on the Respondent.
The Clerk of Court shall not file any cd, USB, or other physical exhibit which is not on paper and which has not been duplicated to serve upon the Respondent.
Civil cases
Page 2 | 6.4 Service
Ex parte Civil Protection Orders must be personally served on the Respondent; service under Civil Rules 4 through 4.6 is permitted if personal service fails or in addition to it.
All ex parte Civil Protection Orders shall be personally served on the Respondent. Upon failure of personal service, or in addition to personal service, service may be made in accordance with any applicable provision of Civil Rule 4 through Civil Rule 4.6.
Civil cases
Page 2 | 6.4 Service
The Clerk is to provide the dismissal entry to all law enforcement agencies originally notified of the Civil Protection Order.
All dismissals of Civil Protection Orders shall include instructions to the Clerk to provide a copy of the dismissal entry to all law enforcement agencies originally notified of the Civil Protection Order.
Civil cases
Page 3 | 6.9 Dismissals
Parties or counsel must serve the case documents electronically when the case type or filing is designated for e-filing, unless exempt.
Upon the designation of any particular case type as an eFile case or filing, the parties (unless exempted as provided herein) or their counsel shall promptly take steps to file, serve, receive, review, and retrieve copies of their pleadings, notices, orders, and other documents filed in the case electronically.
Page 2 | DESIGNATED EFILE CASE TYPES
Service must be completed or attempted on all parties under the applicable civil rules before a hearing is set or emergency relief is granted.
service must be had or attempted on all parties in accordance with the applicable civil rules, prior to setting of any hearing or the granting of any emergency relief by the Court.
Page 4 | (c)(iii) In Civil cases
All parties must be served before a forcible-entry-and-detainer case seeking restitution is entered in the e-filing system.
Forcible entry and detainer cases requesting restitution of property shall be commenced in paper format, and service shall be obtained on all parties prior to entering the case in the eFile system;
Page 4 | (c)(iii) In Civil cases
In designated eFile civil and domestic relations cases, filers must file and serve papers submitted after the original complaint under Civ.R. 5 and file proof of service with the clerk.
(b)For all designated eFile civil and domestic relations case types, the filer shall file and serve pursuant to Civ.R. 5 all pleadings and other papers subsequent to the original complaint. Proof of service must be filed with the clerk.
Page 6 | (C) ELECTRONIC FILING AND SERVICE OF ORDERS AND OTHER PAPERS — (1) Civil and Domestic Relations Cases
In designated eFile criminal cases, electronic service must comply with the applicable rules of criminal procedure.
(2) Criminal Cases. For all designated eFile criminal case types, electronic service shall be completed in accordance with the applicable rules of criminal procedure.
Page 6 | (C) ELECTRONIC FILING AND SERVICE OF ORDERS AND OTHER PAPERS — (2) Criminal Cases
In designated eFile civil and domestic relations cases, the clerk serves the specified documents with the summons by certified or ordinary mail, subject to applicable rules and the Administrative Order.
(a) For all designated eFile civil and domestic relations case types, the clerk of court shall issue, file, and serve with the summons pursuant to Civ.R. 4 all pleadings, notices, orders, and other documents using traditional certified or ordinary mail service, subject to the applicable civil rules or provisions of this Administrative Order.
Page 6 | (C) ELECTRONIC FILING AND SERVICE OF ORDERS AND OTHER PAPERS — (1) Civil and Domestic Relations Cases
(a) ESERVICE. The electronic service by the filing party of a pleading, filing or other documents subsequent to the original complaint in eFile cases shall be considered as valid and effective service on all parties and shall have the same legal effect as an original paper document served under applicable civil, criminal, or local rules.
(a) ESERVICE. The electronic service by the filing party of a pleading, filing or other documents subsequent to the original complaint in eFile cases shall be considered as valid and effective service on all parties and shall have the same legal effect as an original paper document served under applicable civil, criminal, or local rules.
Page 12 | SERVICE OF DOCUMENTS AFTER THE COMPLAINT
The filing party, not the court or clerk, must serve a paper copy on pro se parties and attorneys who are not registered for e-filing.
Pro se parties or attorneys who have not registered with the court's electronic filing system shall be served a paper copy by the filing party (not by the court or clerk), in accordance with the applicable civil rules.
Page 12 | SERVICE OF DOCUMENTS AFTER THE COMPLAINT
A party electronically filing a document must provide a certificate of service for all parties entitled to service.
A certificate of service on all parties entitled to service is still required when a party files a document electronically.
Page 12 | CERTIFICATE OF SERVICE
The filing party, not the court or clerk, must serve all parties with proposed entries and orders submitted for signature.
It shall be the responsibility of the filing party (not by the court or clerk), to serve all proposed entries and orders submitted to the court for signature on all parties.
Page 12 | SERVICE OF PROPOSED ENTRIES AND ORDERS
Electronic service is complete when the document is sent, as shown by the effective date and time on the certificate of service in the electronic transmittal.
eService by the filing party shall be deemed complete at the time a document has been sent as reflected by the effective date and time appearing on the certificate of service in the electronic transmittal.
Page 12 | SERVICE ON PARTIES-TIME TO RESPOND OR ACT
A motion to file documents under seal must be served electronically.
A motion to file documents under seal shall be filed and served electronically.
Page 13 | (b) DOCUMENTS FILED UNDER SEAL
The Clerk must serve judgment entries and notices of judgment on all parties and counsel under the stated service methods and record service on the docket.
1.03 The Clerk of Court shall be responsible for the service of a copy upon all parties and counsel of any judgment entry and the notice of judgment pursuant to Civ. R. 58(B), via regular mail, electronic delivery, or otherwise in accordance with Civ. R. 5(B) including personal delivery in the Clerk's office for local attorneys, and the notation of that service upon the docket.
Page 4 | Rule 1 – Filing of Pleadings, Motions and Other Documents
The moving party must serve any reply by the seventh day after service.
The moving party shall serve any reply on or before the seventh day after the date of service.
Page 6 | Rule 5 – Hearings and Submission of Motions
A party must serve any responsive pleading by the fourteenth day after service.
The party shall serve any responsive pleading on or before the fourteenth day after the date of service.
Page 6 | Rule 5 – Hearings and Submission of Motions
The adverse party or counsel must be served with notice of the hearing time.
Notice of the time of the hearing shall be served upon the adverse party or counsel.
Page 6 | Rule 5 – Hearings and Submission of Motions
In civil cases, parties must serve the pretrial statement on all opposing counsel or parties.
In all civil cases, the parties shall file and serve upon all opposing counsel or parties a pretrial statement which shall include:
Page 7 | 6.02
Filing Fees and Waivers
Normal filing fees and case deposits are collected electronically when the filing is processed, and the filer must pay any associated transaction fees or charges at that time.
The clerk of courts shall assess normal filing fees, and case deposits will be collected via a financial transaction device (electronic means) at the time the filing is processed. Any fees or charges associated with the payment of fees or costs via financial transaction device (electronic means) shall be the responsibility of the filer and shall be paid at the time the filing is processed.
Page 13 | (L)(1) COLLECTION OF FILING DEPOSIT AND FEES
Required filing security deposits and fees must be paid electronically.
Any document requiring payment of a filing security deposit or a fee to the clerk of courts in order to achieve valid filing status shall be filed and paid electronically in the same manner as any other eFile document.
Page 13 | (L)(2) COLLECTION OF FILING DEPOSIT AND FEES
A jury-trial deposit set by the Clerk's approved fee schedule must be paid to the Clerk of Courts at least four weeks before trial.
8.01 The deposit for a jury trial request shall be as stated in the Knox County Clerk of Court's Fee Schedule, as approved by the Court, and must be paid to the Clerk of Courts no later than four weeks prior to the date of trial.
Page 2 | RULE 8 – COSTS OF JURY TRIALS
Failing to notify the Assignment Commissioner results in assessment of jury-panel, excess court-reporter, and other costs against the parties who demanded a jury.
Failure to notify the Assignment Commissioner shall result in assessment of costs for the jury panel, any court reporter costs in excess of those charged as costs in the case, and any other costs against the party/parties making the jury demand.
Page 2 | RULE 8 – COSTS OF JURY TRIALS
A cross-complainant whose cross-complaint exceeds the municipal court’s monetary jurisdiction must post security for costs equal to the amount required for an original filing in this Court.
In the event a cross-complaint exceeds the monetary jurisdiction of the municipal court, the cross-complainant shall post security for costs in a sum equal to the amount that would be required if the case was originally filed in this Court.
Page 5 | Rule 2 – Security for Costs
A party filing a civil action or proceeding must first deposit security for costs, unless otherwise provided by law.
2.01 The Clerk for filing shall accept no civil action or proceeding unless the party or parties filing the action first deposit a sum to secure the payment of the costs, except as otherwise provided by law.
Page 5 | Rule 2 – Security for Costs
A $350 deposit for a jury-trial request must be paid to the Clerk of Courts no later than four weeks before trial.
The deposit for a jury trial request is $350.00 and must be paid to the Clerk of Courts no later than four weeks prior to the date of trial.
Page 8 | 8.01
A $25 surcharge must be paid by either the individual posting a criminal-case bond or the bonding company.
14.04 When a bond is posted in a criminal case, a $25.00 surcharge fee must be paid by either the individual posting the bond or the bonding company.
Page 11 | Rule 14 – Criminal Case Management Plan
A $60 rotary fee must be paid when a bond is posted in a criminal case, except for Public Defender clients.
14.03 When a bond is posted in a criminal case, the rotary fee of $60.00 must also be paid with the exception of Public Defender clients.
Page 11 | Rule 14 – Criminal Case Management Plan
A fee of $18 must be submitted with the application.
A fee of $18.00 must be submitted at the time of the application.
Page 17 | RULE 17 – NOTARIES PUBLIC
A $5 renewal fee must be paid to the Clerk of Courts.
17.05 The fee for a renewal is $5.00 to be paid to the Clerk of Courts.
Page 17 | RULE 17 – NOTARIES PUBLIC
The petitioner must pay a $50 filing fee before action on the petition; a petitioner seeking a reduction may submit an Affidavit of Indigency or other relevant information for consideration.
Before any action is required to be taken on the Petition, the Petitioner RULE must pay a filing fee in the amount of $50.00. The Petitioner may submit an Affidavit of Indigency (Form B) or other relevant information for the Court's consideration if requesting a reduction in the filing fees.
Page 34 | 25 – CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
The required deposit must be received before the Clerk assigns the Petition a miscellaneous civil case number.
- D. Upon receipt of a Notice of Petition and the required deposit, the Clerk of Courts shall assign the Petition a miscellaneous civil case number.
Page 35 | Rule 25 – Certification of Qualification for Employment
A filed-transcript copy request must include exact payment payable to the preparing reporter; money orders, cashier's checks, and attorney or law-firm checks are accepted, but cash and personal checks are not.
Payment in the exact amount, made payable to the certified court reporter who prepared the transcript, must accompany the request. Payment in the form of a money order, cashier's check, or check drawn on an attorney / law firm account shall be accepted. Cash payments and personal checks shall not be accepted.
Page 37 | Rule 20 – Transcript Procedures
A Certificate of Judgment issued from and recorded in Knox County has a $35 fee.
| Certificate of Judgment issuing from & recorded in Knox County | | $ 35.00 |
Page 39 | FEE SCHEDULE
A writ of possession has a $190 fee.
| Writ of Possession | | $ 190.00 |
Page 39 | FEE SCHEDULE
Releasing a State of Ohio judgment filed before January 1, 1993, has a $10 fee.
| Release of any State of Ohio Judgment filed before 01/01/1993 (includes Sales Tax & Workers Comp) | | $ 10.00 |
Page 39 | FEE SCHEDULE
Divorce complaints, counterclaims, and dissolutions have a $340 fee.
| Divorce Complaints, Counterclaims, Dissolutions | | $ 340.00 |
Page 39 | FEE SCHEDULE
The $350 jury-demand fee must be paid four weeks before trial.
| Jury Demand Fee (to be paid 4 weeks prior to trial) | CLERK OF COURTS | $ 350.00 |
Page 39 | FEE SCHEDULE
The State Rotary Fee is $60.
| State Rotary Fee | | $ 60.00 |
Page 39 | FEE SCHEDULE
Courtesy Copy Requirements
Paper courtesy copies of electronically filed documents must be delivered to the Court in civil and domestic-relations e-file cases unless an order or applicable rule provides otherwise.
In all civil and domestic relations e-file cases, paper courtesy copies of documents filed electronically shall be delivered to the Court, unless otherwise specifically ordered by the Court or otherwise required by applicable rules.
Page 3 | (b) Discretionary eFile Case Types
The parties must provide the Court a courtesy copy of every filed motion.
1.04 THE PARTIES SHALL PROVIDE THE COURT A COURTESY COPY OF EVERY MOTION FILED.
Page 5 | Rule 1 – Filing of Pleadings, Motions and Other Documents
The Clerk must provide the Judge a copy of all Petition filings upon filing the Petition.
The Clerk of Courts shall provide a copy of all Petition filings to the Judge upon filing the Petition.
Page 35 | Rule 25 – Certification of Qualification for Employment
Sealing & Redaction Procedures
Filers must remove or redact personal and private identifiers from all documents before filing.
The filer shall remove or redact all personal or private identifiers and information, as defined by Sup. R. 44, including but not limited to all drivers license numbers, social security numbers, financial account identifiers, and HIPAA protected information, from all documents prior to filing.
Page 9 | (G) REMOVAL OF METADATA AND PERSONAL AND PRIVATE INFORMATION
Documents filed under seal must be submitted to the clerk in paper form.
However, the documents to be filed under seal shall be filed with the clerk of courts in paper form.
Page 13 | (b) DOCUMENTS FILED UNDER SEAL
The filing party is responsible for omitting or redacting personal identifiers from case documents.
Pursuant to Rule 45(D) of the Rules of Superintendence for the Courts of Ohio, it is the responsibility of the filing party to omit or redact personal identifiers from case documents.
Page 5 | Rule 1 – Filing of Pleadings, Motions and Other Documents
The Clerk must seal covered Confidential Disclosure of Personal Identifiers forms and maintain them electronically; the Clerk may destroy the original.
The Clerk of Courts shall seal all confidential Disclosure of Personal Identifiers forms filed pursuant to this rule. Thereafter, the Clerk may destroy the original form and shall maintain it in electronic form only.
Page 5 | Rule 1 – Filing of Pleadings, Motions and Other Documents
Information that must be excluded from the public record must be redacted before filing any document with the Clerk of Courts.
other information that must be excluded from public record and shall be redacted prior to filing any document with the Clerk of Courts in accordance with the Rules of the Court and the Rules of Superintendence.
Page 35 | Rule 25 – Certification of Qualification for Employment
On and after July 1, 2009, Rules 44 and 45 of the Rules of Superintendence for the Courts of Ohio provide that parties and their attorneys should not include, or must redact where inclusion is necessary, certain personal identifiers in order to protect personal privacy. Personal identifiers should be omitted or redacted from all case documents submitted to the Court or filed with the Clerk, unless otherwise ordered by the court.
On and after July 1, 2009, Rules 44 and 45 of the Rules of Superintendence for the Courts of Ohio provide that parties and their attorneys should not include, or must redact where inclusion is necessary, certain personal identifiers in order to protect personal privacy. Personal identifiers should be omitted or redacted from all case documents submitted to the Court or filed with the Clerk, unless otherwise ordered by the court.
Page 38 | Confidential Disclosure of Personal Identifiers
The contents of the personal-identifiers disclosure form are not subject to public disclosure.
The contents of this form will not be subject to public disclosure.
Page 38 | Confidential Disclosure of Personal Identifiers
The Confidential Disclosure of Personal Identifiers form must be kept in the Clerk of Court’s Confidential File.
A. All actions for divorce, dissolution, or legal separation, and in all actions or motions asking to establish or modify spousal support or child support, the parties shall file the Confidential Disclosure of Personal Identifiers form found in Item 1 of the Appendix (which shall be kept in the Confidential File by the Clerk of Court) and Supreme Court of Ohio approved financial affidavits which fully and accurately disclose income, expenses, property, and debts.
Page 4 | Rule 1.0 — Pleadings: Format and Procedure, Rule 1.4(A)
The Clerk of Courts must maintain a public file and a confidential file for each case.
In accordance with Rule 44(C)(2)(h) of the Ohio Rules of Superintendence, the Clerk of Courts shall maintain a public file and a confidential file for each case as set forth herein.
Page 5 | Rule 1.9 — Public File and Confidential File
Case documents must be filed and maintained by the Clerk of Courts in the public file.
Case documents shall be filed and maintained by the Clerk of Courts in a public file.
Page 6 | Rule 1.9 — Public File and Confidential File
Documents excluded from the definition of a case document must be maintained by the Clerk of Courts in a separate confidential file.
The documents submitted to the Court or filed with the Clerk of Courts excluded from the definition of “case document” as listed in section (B) shall be kept in a separate file, known as the “confidential file,” to be maintained by the Clerk of Courts in accordance with these local rules of Court.
Page 7 | Rule 2.0 — Special Filing Requirements
Before filing a document publicly, the filing party must omit or redact any social security number or other individual identifying information in it.
If there are documents which are to be filed in the public file containing a social security number or any other individual identifying information, the filing party shall omit or redact the personal identifiers on those documents prior to submitting them for filing in the public file.
Page 7 | Rule 2.0 — Special Filing Requirements
Redact personal identifiers before filing.
Please remember to redact any personal identifiers PRIOR to filing.
Page 9 | Confidential Information
The report must be maintained in a confidential family file and may not be duplicated or otherwise disseminated.
The Guardian ad Litem shall file the report with the Clerk of Court, who shall maintain the report in a confidential, family file in compliance with Rule 44 (C)(2)(h) of the Ohio Rules of Superintendence. No person shall duplicate or otherwise disseminate the report in any manner.
Page 78 | 25.1.10 Reports: Filing; Service; Use of Report
No person may duplicate or otherwise disseminate the Guardian ad Litem report.
No person shall duplicate or otherwise disseminate the report in any manner.
Page 78 | 25.1.10 Reports: Filing; Service; Use of Report
The report is sealed upon admission into evidence and may be unsealed only by court order upon a showing of good cause.
The Court will cause the report to be sealed upon its being admitted into evidence. The report may be unsealed only pursuant to the order of the Court and upon a showing of good cause.
Page 79
Custody Evaluator reports must be filed with the Clerk and kept confidential; access is limited, recipients must sign a nondisclosure agreement, and reports must not be shared with the subject children.
The Custody Evaluator shall file the report with the Clerk of Court, who shall maintain the report in a confidential, family file in compliance with Rule 44 (C)(2)(v) of the Ohio Rules of Superintendence, to be released only to unrepresented parties and legal counsel. The Clerk of Court shall permit unrepresented parties and counsel to obtain a copy of the report, but any unrepresented party and counsel shall be required to sign a non-disclosure agreement (Item 17) prohibiting them from disseminating the report by any means, including by social media. In particular, reports or the recommendations shall not be shared with minor children who are the subject of the case. Unauthorized disclosure or distribution of the report may be subject to court action, including penalties for contempt which include fines and/or incarceration.
Page 98 | 26.1.9 Reports: Filing; Service; Use of Report
Custody evaluators must protect the parties’ and children’s confidentiality and may release case information only as authorized by the court or statute.
Did not protect the confidentiality of the parties and child(ren) with collateral contacts and not release information about the case to any individual except as authorized by the court or statute.
Page 159
A person signing the agreement must not disseminate the report by any means or share the report or recommendations with the subject children; unauthorized disclosure may result in court action, including contempt penalties.
_____ (name), hereby signs this Non-Disclosure Agreement. I understand that I am prohibited from disseminating the report by any means, including by social media. I understand that the reports or the recommendations shall not be shared with the minor child(ren) who is/are the subject of this case. I understand that unauthorized disclosure or distribution of the report may subject me to court action, including penalties for contempt which include fines and/or incarceration.
Page 160 | Non-Disclosure Agreement
Filers are responsible for removing personal or confidential identifiers and document metadata, even if the portal warning is not posted.
The following warning shall be posted on the court's e-filing portal: "WARNING: Removal of Personal and Private or Confidential Identifiers, and document metadata is the responsibility of the filer. Any Personal and Private or Confidential Identifiers, or document metadata remaining may become part of the public record." The failure to post this warning on the court's e-filing portal does not change or alter the responsibility of the filer and does not impose any obligation on the clerk of courts or the court.
Page 9 | (G) REMOVAL OF METADATA AND PERSONAL AND PRIVATE INFORMATION
Filing Bundling Requirements
Multi-branch motions in post-decree matters are prohibited, and each motion must be filed separately.
Multi-branch motions in post-decree matters are not permitted. Each motion must be filed separately, for example: a motion to reallocate parental rights and responsibilities and a motion for contempt shall be filed as two separate motions.
Page 20 | RULE 7.0 MOTIONS
With approval from all opposing parties or their counsel, a party may submit a motion and entry together without a hearing; the entry must include an approval line for each party or counsel and affirmatively state that all have approved it, subject to the Court's discretion to accept or reject it.
If the approval of all opposing parties or their counsel of record is obtained, a party may submit a motion and entry together to the Court for its consideration without a hearing. The entry shall contain an approval line for each party or their counsel of record and shall affirmatively indicate that all of the parties or their counsel have approved it. However, the Court retains the discretion to approve or reject the entry.
Page 20 | RULE 7.0 MOTIONS
Pre-Motion Conference Requirements
Except as otherwise provided, all motions follow the stated briefing schedule: a responsive pleading is due by the fourteenth day after service, a reply by the seventh day after service, and the motion is deemed submitted on the twenty-eighth day after filing.
5.01 All motions shall be accompanied with a memorandum in support stating the grounds and citing applicable authorities, with an Order granting the relief requested. The party shall serve any responsive pleading on or before the fourteenth day after the date of service. The moving party shall serve any reply on or before the seventh day after the date of service. On the twenty-eighth day after the motion is filed, the motion shall be deemed submitted to the Court. Except as otherwise provided, this Rule shall apply to all motions.
Page 6 | Rule 5 – Hearings and Submission of Motions
Unless these rules provide otherwise, motions and responses that do not require an oral hearing must comply with the Ohio Civil Rules, including their response and reply timing requirements.
All motions and responses to motions, that do not require an oral hearing, unless otherwise specified in these rules, shall comply with the Ohio Civil Rules for all matters including timing of responses and replies.
Page 19 | RULE 7.0 MOTIONS
When the supporting memorandum indicates that reasonable discovery efforts were ignored or neglected, a motion to compel is set for a discovery conference, with a hearing afterward if necessary; all parties must attend, bring requested materials, and be prepared to answer interrogatories.
Motions to compel discovery will; therefore, be set for a discovery conference with a hearing to follow, if necessary, where the memorandum in support of the motion indicates, reasonable efforts to obtain discovery have been ignored or neglected by the opposing party. All parties shall be present at the discovery conference. Counsel and parties shall bring any documents or other items requested to be produced with them to the Discovery Conference. Parties and counsel shall be prepared to answer interrogatories at the Discovery Conference. The Discovery Conference shall conclude with the parties either entering into an agreed order as to outstanding discovery issues, or the Court shall hold a hearing on the Motion to Compel.
Page 27 | 7.10.3 Orders affecting discovery
When opposing counsel has appeared, a party should make every effort to coordinate the oral hearing time and date with counsel's availability before filing a motion, notice of hearing, or order to appear; failure to contact counsel may cause the hearing to be continued or canceled.
Where opposing counsel has made an appearance in the matter, no motion, notice of hearing or order to appear should be filed by any party unless every effort has been made to have the oral hearing time and date coincide with opposing counsel's availability. The failure to contact counsel of record may cause the hearing date to be continued or canceled.
Page 19 | RULE 7.0 MOTIONS
Adjournment & Extension Requirements
For an extension beyond 28 days or when the parties cannot agree, the requesting party must file a motion, supporting memorandum, and proposed entry by the expiration of the current time.
4.02 If an additional extension of time beyond that provided by Local Rule 4.01 is needed or if the parties cannot agree, the party desiring the extension shall file a motion and memorandum in support with a proposed entry. The motion shall be filed on or before the expiration of time.
Page 6 | Rule 4 – Rule Day Extensions
The Petitioner may request an extension of the sixty-day decision period, which must be granted for the extension to apply.
- J. Once all information requested has been received, the Judge shall decide whether to Grant (Form H) or Deny (Form I) the Petition within sixty days, unless Petitioner requests and is granted an extension of time.
Page 36 | Rule 25 – Certification of Qualification for Employment
The defendant must complete diversion requirements within 12 months of entry, but may apply for one additional 12-month term; the Prosecuting Attorney must approve an extension, which will not be granted unless the defendant has consistently followed the diversion rules.
The defendant must comply with all requirements of diversion within 12 months of entering the program. The defendant may apply to extend the time for diversion by one additional 12 month term, subject to the approval of the Prosecuting Attorney. The primary purpose for an extension would be to allow for the payment of restitution and court costs. An extension will not be granted unless the defendant has consistently abided by the Rules of Diversion.
Page 85 | IV. REQUIREMENTS OF DIVERSION PROGRAM
A request to extend a filing deadline must be made by motion and state whether it is within or outside the original filing period, the reasons for the extension, the opposing party’s position, and whether prior extensions have been granted.
4.2 Extensions. Any requests for extensions of time for filing must be submitted by motion to the Court. The party must include the following information in the motion: - A. If the motion is being filed within or outside the allocated time for the original filing. - B. The reasons needed for the extension. - C. If the opposing party objects to or approves of the extension. - D. If there have been any prior extensions.
Page 12 | RULE 4.0 — TIME REQUIREMENTS
A party who misses the discovery-planning conference is deemed to have waived discovery unless they file a request for additional time with a proposed conference date, time, and location.
Should any party or their attorney, if represented, fail to attend the Conference of the Parties, then that party shall be deemed to have waived discovery, unless the party or party's attorney files a request with the Court for additional time to hold the Conference of the Parties with a proposed date, time, and location for the Conference of the Parties.
Page 38 | 10.5 Conference of the Parties; Planning for Discovery
Failure to file the proposed discovery plan waives discovery unless the parties or their attorneys request additional time from the Court and propose a filing date.
Should the parties fail to file the proposed discovery plan, then the parties shall be deemed to have waived discovery, unless the parties or the parties' attorneys file a request with the Court for additional time to file the discovery plan, with a proposed date of the filing of the plan.
Page 39 | Rule 10.0 — Discovery
A continuance motion must state specific reasons, identify prior continuances, include opposing counsel’s position and the existing hearing date, attach notice of a conflicting court hearing, and be signed and authorized by the client if there has been more than one prior continuance request.
15.2 Contents of Motion. Each motion shall set forth the following: - A. The specific reasons for a continuance (vague terms such as “counsel is unavailable for the hearing” are not acceptable); - B. If a conflict with another Court hearing, a copy of the other Court’s notice must be attached; - C. The number of prior continuances (Note: if there has been more than one prior request(s) for continuances, the motion must also be signed and authorized by the client); - D. An averment that counsel has contacted opposing counsel and has obtained either approval or disapproval of the continuance; - E. The date of existing hearing.
Page 48 | RULE 15.0 — CONTINUANCES
A continuance based on an absent witness may be granted only when due diligence is shown and an affidavit states the expected testimony; the application will not be sustained if the testimony is immaterial or both parties consent to reading the affidavit into evidence.
15.4 Unavailability of Witness. A continuance of a cause may be granted on the ground of inability to produce the testimony of an absent witness when it is made clear that due diligence was used to procure such testimony. In order to obtain a continuance on this ground, the party making the application must support the same by affidavit stating therein what is expected to be proven by the appearance of such witness. If the Court finds the testimony so set forth to be immaterial or if both parties consent to the reading of an affidavit into evidence, the application will not be sustained and the cause will proceed to hearing.
Page 48 | RULE 15.0 — CONTINUANCES
An attorney accepting a case with an immediate or second-stage Civil Protection Order hearing already set must ensure availability on the hearing date.
An attorney who accepts a case wherein an immediate hearing or second stage Civil Protection Order hearing has been set shall ensure he or she will be available on the date of hearing.
Page 49 | 15.5 Hearing Conflicts
For a continuance requested because counsel is already engaged elsewhere, proof of the prior assignment must be attached to the motion, which must be filed forthwith after notification of this Court’s assignment.
Where a continuance of a cause is requested on the grounds that counsel of record in the case is already engaged on the date set for hearing in another Court of record or a governmental bureau, proof of such prior assignment 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 49 | 15.5 Hearing Conflicts
A party who believes a transcript is required to support objections must request an extension of time to prepare it by written motion.
If a party believes a transcript is required to support their objections, the party shall request, by written motion, an extension of time in which to have the transcript prepared.
Page 65 | 19.3 Transcripts
A request to reschedule a parenting coordination session must be made to the parenting coordinator at least two weeks before the scheduled session.
A request to reschedule the parenting coordination session must be made to the parenting coordinator at least TWO WEEKS before the scheduled parenting coordination session.
Page 142 | NOTICE OF PARENTING COORDINATION
The defendant must complete diversion requirements within 12 months; an application may seek one additional 12-month extension, subject to Prosecuting Attorney approval, and an extension will not be granted unless the defendant has consistently followed the diversion rules.
- F. The defendant must comply with all requirements of diversion within 12 months of entering the program. The defendant may apply to extend the time for diversion by one additional 12 month term, subject to the approval of the Prosecuting Attorney. The primary purpose for an extension would be to allow for the payment of restitution and court costs. An extension will not be granted unless the defendant has consistently abided by the Rules of Diversion.
Criminal cases
Page 33 | IV. REQUIREMENTS OF DIVERSION PROGRAM
If the system fails to generate a Notice of Electronic Filing and the filing party has no other proof of service, the party to be served may be entitled to an extension for a response or other required act.
If the e-filing system fails to generate the Notice of Electronic Filing, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty or act must be performed, absent other proof of service by the filing party.
Page 12 | FAILURE OF ELECTRONIC SERVICE
Counsel may file an agreed entry extending the time to move or plead, provided the extension does not exceed 28 days.
4.01 Counsel for the parties may file an agreed entry for an extension of time to move or plead provided the extension of time does not exceed 28 days.
Page 6 | Rule 4 – Rule Day Extensions
Restitution is due within one year of acceptance unless both the Diversion Director and Prosecuting Attorney approve an extension.
Restitution payments must be made within one year of acceptance into the Diversion Program, unless an extension is approved by the Diversion Director and the Prosecuting Attorney.
Page 90 | DIVERSION PROGRAM GENERAL RULES
A pretrial conference may be continued with the concurrence of all counsel and must be reset as soon as possible.
Pretrial conferences may be continued with concurrence of all counsel but must be reset as soon as possible.
Page 34 | Rule 9.0 — Pretrial Conferences
Where counsel fails to contact opposing counsel, the continuance may be denied irrespective of the basis for the request. Opposing counsel in this instance includes counsel where minimal effort or knowledge would have identified the attorney representing the opposing party.
Where counsel fails to contact opposing counsel, the continuance may be denied irrespective of the basis for the request. Opposing counsel in this instance includes counsel where minimal effort or knowledge would have identified the attorney representing the opposing party.
Page 48 | RULE 15.0 — CONTINUANCES
A continuance motion submitted within three days of the hearing may be automatically denied unless extraordinary circumstances are shown.
Unless extraordinary circumstances are shown to exist, motions for continuances submitted within three days of the hearing date may automatically be denied.
Page 49 | 15.7 Continuance Within Three Days of Hearing Date
A continuance of an immediate or second-stage Civil Protection Order hearing may not be granted solely for a scheduling conflict that newly retained counsel knew about when accepting the case.
Requests to continue an immediate hearing and/or a second stage Civil Protection Order hearing may not be granted based solely on a scheduling conflict with the newly retained counsel when he or she accepted the case with prior knowledge of the scheduling conflict.
Page 49 | 15.5 Hearing Conflicts
Chambers Communication Rules
Parties requesting a jury trial must notify the Assignment Commissioner of a settlement or dismissal at least two court days before the jury-trial date.
8.02 The party/parties requesting a jury trial shall notify the Assignment Commissioner not less than two court days in advance of the jury trial date of the settlement or dismissal of the case.
Page 2 | RULE 8 – COSTS OF JURY TRIALS
Communications between the Judge and jury panel during the specified period must be in writing or on the record in open court, and counsel must be informed and given an opportunity to be heard.
(C) All communications between the Judge and members of the jury panel from the time of reporting to the courtroom for voir dire until dismissal shall be in writing or on the record in open court. Counsel for each party shall be informed of such communication and given the opportunity to be heard.
Page 23 | Rule 19 – Jury Use & Management
The Prosecuting Attorney must promptly notify the Court if the Defendant is removed from or successfully completes the diversion program.
- 2. The Prosecuting Attorney shall notify the Court promptly if the Defendant is removed from the program, or successfully completes the program.
Page 95 | DIVERSION JUDGMENT ENTRY
The Clerk must notify the Court of any service failure involving a pleading or motion with an oral hearing date.
The Clerk shall notify the Court of any failure of service of any pleading or motion that has an oral hearing date.
Page 14 | RULE 5.0 — SERVICE
Hearing times and dates must be obtained from the Court.
All hearing times and dates shall be obtained from the Court.
Page 19 | RULE 7.0 MOTIONS
A parenting coordinator must not communicate ex parte with the Court about substantive matters or the merits of the case.
A parenting coordinator shall have no ex parte communications with the Court regarding substantive matters or issues on the merits of the case.
Page 88 | 25.2.6(6) Ex parte communications
The recipient must contact the parenting coordinator within five days to confirm receipt of the notice and attendance at the session.
WITHIN FIVE (5) DAYS, CONTACT THE PARENTING COORDINATOR AT _____ (between the hours of _____ AM and _____ PM, Monday through Friday) TO CONFIRM RECEIPT OF THIS LETTER AND YOUR ATTENDANCE AT THE PARENTING COORDINATION SESSION.
Page 142 | NOTICE OF PARENTING COORDINATION
Upon discovering a conflict of interest arising from a relationship or activity involving the case, the custody evaluator must notify the court in writing.
Did not, upon discovery, notify the court in writing of any conflicts of interest arising from any relationship or activity with parties or others involved in the case.
Page 159
Custody evaluators must refrain from ex parte communications with the court about the merits of the case.
Did not refrain from any ex parte communications with the court regarding the merits of the case.
Page 159
The filing party must contact the Clerk's office to confirm that the withdrawal order was entered.
the filing party must contact the Clerk's office to confirm that an order has been entered withdrawing the property from sale.
Page 3 | Exemption for Indigent and Self-Represented Parties
Failure to notify the Assignment Commissioner of settlement or dismissal results in specified jury-panel and other costs being assessed against the party making the jury demand.
Failure to notify the Assignment Commissioner shall result in assessment of costs for the jury panel, any court reporter costs in excess of those charged as costs in the case, and any other costs against the party/parties making the jury demand.
Page 8 | 8.02
A party requesting a jury trial must notify the Assignment Commissioner of settlement or dismissal at least two court days before the jury-trial date.
The party/parties requesting a jury trial shall notify the Assignment Commissioner not less than two court days in advance of the jury trial date of the settlement or dismissal of the case.
Page 8 | 8.02
Parties and other interested persons seeking trial transcripts are referred to the Court Reporter; the Clerk must not permit them to copy or remove transcripts from the file.
The Clerk shall not permit any party or any person to make a copy of or remove trial transcripts from a file. Attorneys, parties to the action, or other interested parties shall be referred to the Court Reporter of the Court in which the case is pending or in which the case was tried.
Page 24 | RULE 20 – TRANSCRIPT PROCEDURES
If mediation results in an agreement on any issues, the parties or their attorneys must notify the Court when mediation concludes.
The parties or their attorneys shall notify the Court upon the conclusion of mediation if the parties have reached an agreement on all or some issues.
Page 25 | RULE 21 – MEDIATION
The Clerk of Court will not accept a change-of-address notice by telephone, email, or fax.
The Clerk of Court shall not accept a change of address via telephone, email or fax.
Page 4 | Rule 1.0 — Pleadings: Format and Procedure
A parenting coordinator must promptly notify the Court of grounds for disqualification or issues affecting the ability to serve, including adverse activities.
A parenting coordinator shall meet the qualifications for parenting coordinators for this court and promptly notify the Court of any grounds for disqualification or any issues affecting the ability to serve by including but not limited to: reporting to the Court any activity, criminal or otherwise, that would adversely affect the parenting coordinator's ability to perform the functions of a parenting coordinator.
Page 87 | 25.2.6(1) Ability to perform duties
A parenting coordinator must notify the Court and parties about steps taken to resolve a conflict and seek the Court’s direction if unable to resolve it.
Upon becoming aware of any actual or apparent conflict of interest, a parenting coordinator shall notify the Court and the parties of the action taken to resolve the conflict and, if unable to do so, seek the direction of the Court.
Page 88 | 25.2.6(4)(b) Conflicts of interest
A parenting coordinator must notify the Court of changes to the contact information listed in the resume.
notify the Court of any changes to name, address, telephone number, and electronic mail address contained in the resume.
Page 88 | 25.2.6(8)(a) Reporting
The recipient must immediately contact the parenting coordinator about violence, safety concerns, concerns about being in the same room as the opposing party, questions about the process, or a settlement reached before the session.
Contact the parenting coordinator immediately if: 1) there have been issues of violence; 2) you are concerned about your safety; 3) you are concerned about being in the same room with the opposing party; 4) you have any questions concerning the parenting coordination process; and/or 5) you have settled this matter prior to the parenting coordination session.
Page 142 | NOTICE OF PARENTING COORDINATION
If the offense is screened as eligible, defense counsel is directed to contact the Court's Chief Probation Officer, who serves as Diversion Director.
If so, defense counsel will be directed to contact the Court's Chief Probation Officer, who serves as the Diversion Director.
Criminal cases
Page 33 | B. DETAILED SCREENING PROCESS