Morgan County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:

Limits & Logistics
Document Limits

Adjournments
- An application to continue a pretrial conference must be addressed to the judge assigned to the case.
- The Court may extend the dispositional-hearing schedule on its own motion to obtain necessary reports, but a hearing may exceed 60 days from the original complaint only upon the stated findings.
- The trial court has discretion whether to grant other requests to continue a scheduled trial.
- +24 more
Request must include
Page & Word Limits2 rules
No Memorandum or Brief exceeding fifteen (15) pages in length, exclusive of supporting exhibits, shall be accepted for filing without prior leave of the Court.
- Memorandum or brief
- Up to 15 pages
Excluded from page count
- •Exhibits
Exception
More pages with leave of court
No Memorandum or Brief exceeding fifteen (15) pages in length, exclusive of supporting exhibits, shall be accepted for filing without prior leave of the Court.
- Memorandum or brief
- Up to 15 pages
- Memorandum
- Brief
Excluded from page count
- •Exhibits
Exception
More pages with leave of court
Document Format Requirements54 rules
Assigned-counsel bills must be submitted on approved forms.
Formatting
- •Submit the bill on approved forms
Court's wording
In all cases involving indigent persons whe=e the Court has appointed counsel, it shall be the responsibility of the assigned counsel to submit to the Court fo= approval on approved forms counsel's bill fo~ services, together with such affidavits of indigency as required by the Ohio Public Defender's Commission, within 14 cays of the termination of the case.
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
Assigned counsel's bill for services must be submitted on approved forms.
Court's wording
In all cases involving indigent persons where the Court has appointed counsel, it shall be the responsibility of the assigned counsel to submit to the Court for approval on approved forms counsel's bill for services, together with such affidavits of indigency as required by the Ohio Public Defender's Commission, within 14 days of the termination of the case.
Later references may use the identifier’s last four digits or letters; if it has fewer than four characters, the filer must create a unique identifier.
Court's wording
Thereafter, subsequent reference to a particular identifier may be made by reciting the last four digits/letters of the identifier unless there are less than four characters constituting the identifier and then the filer shall create a unique identifier for that item.
Individually generated forms must comply with the Rules of Superintendence and match the printed form's blank lines and exact wording.
Court's wording
Each individually generated form must comply with the specifications and format mandated by the Rules of Superintendence. Each individually generated form must be created with the same blank lines and exact wording as on the printed Standard Probate Form it is replacing.
Motions for continuance shall be submitted in writing with the proper caption and case number.
Every filing must be in the English language, unless it is a foreign language exhibit with an attached English transcription or it is a Standard Form issued by the Supreme Court of Ohio.
Filings, except original wills of different sizes, must use 8½-by-11-inch paper, be single-sided, and use 10- to 12-point body type.
- Paper size
- Letter
Formatting
- •The requirements do not apply to original wills of different sizes
Court's wording
All filings (other than original wills of different sizes) must be on 8-1/2" x 11" paper be single sided and the type size for the body of the document shall be not less than ten (10) point or greater than twelve (12) point font.
The Court will not accept for filing incomplete pleadings or those with cross-outs.
Formatting
- •Pleadings must not be incomplete or contain cross-outs
All exhibits offered for admission during a hearing or trial shall be labeled by party name and item identification.
(B) An original and a copy of all filings shall be filed in every adoption case. Sufficient additional copies of the petition shall be submitted as required for service of notice, with an additional copy for the court assessor.
This pre-placement application shall be in a form prescribed or approved by the Court.
The Clerk shall accept only legible copies of documents attached to pleadings or motions.
All papers offered for filing with the Court shall be type written or printed on 8 1/2-inch by 11-inch bond paper without backing. Original documents attached or offered as exhibits and official court forms supplied by the Clerk are exempt from the requirements of this rule.
- Paper size
- Letter
Proceedings in aid of execution must use Court-prescribed forms and include the original, copies for each party to be served, and one service-return copy.
- Proceedings in aid of execution
Formatting
- •Use forms prescribed by the Court
Court's wording
Proceedings in aid of execution shall be filed on forms prescribed by the Court and shall consist of the original to be retained by the Clerk, as many copies thereof as there are parties to be served in the proceedings, and one copy for the return of service.
The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.
All motions shall be made in writing and accompanied by a written memorandum containing the facts and the arguments of counsel.
Each individually generated form must comply with the specifications and format mandated by the Rules of Superintendence.
Any modifications or variations to an individually generated form must be permitted by Sup.R. 51(C) or Sup.R. 52(M).
Court's wording
The signature of the applicant or attorney constitutes a certification that the individually generated form on which the signature appears complies with the Superintendence Rules in every respect and that the only modifications or variations are those permitted by Sup.R. 51(C) and Sup.R. 52(M).
Each individually generated form must be created with the same blank lines and exact wording as on the printed Standard Probate Form it is replacing.
All pleadings, motions or other filings shall be typed or legibly printed, in black or blue ink, and correctly captioned.
Except for original wills of different sizes, filings must use 8½-by-11-inch paper, be single-sided, and use 10-to-12-point body text.
- Paper size
- Letter
Court's wording
All filings (other than original wills of different sizes) must be on 8-1/2" x 11" paper be single sided and the type size for the body of the document shall be not less than ten (10) point or greater than twelve (12) point font.
The Court will not accept for filing incomplete pleadings or those with cross-outs.
Formatting
- •Incomplete pleadings and pleadings with cross-outs will not be accepted for filing
Every filing must be in the English language, unless it is a foreign language exhibit with an attached English transcription or it is a Standard Form issued by the Supreme Court of Ohio.
All exhibits offered for admission during a hearing or trial shall be labeled by party name and item identification.
- Exhibits
Formatting
- •Label each exhibit by party name and item identification
The copy of the signed settlement statement attached to the Report of Distribution must be reduced to a size suitable for filing.
Court's wording
Within 15 days of closing the sale of the real property the Plaintiff shall file in the real property sale case a Report of Distribution with a copy of the signed settlement statement (HUD-1 or otherwise) attached, reduced to a size suitable for filing and a proposed entry approving the report of distribution.
Time shall be reported in tenths of an hour (6 minute increments).
Adoption cases require an original and copy of each filing, plus petition copies for notice service and the court assessor.
Court's wording
An original and a copy of all filings shall be filed in every adoption case. Sufficient additional copies of the petition shall be submitted as required for service of notice, with an additional copy for the court assessor.
This pre-placement application shall be in a form prescribed or approved by the Court.
The certificate of compliance must be in a format satisfactory to the Court.
Court's wording
The adoption assessor providing the birth parent(s) with a copy of this brochure shall file a certificate of compliance with R.C. 3107.082 in a format satisfactory to the Court prior to the first hearing that involves the birth parent(s) who received the brochure.
A reference to part of an electronically recorded transcript must identify the event, tape number, and elapsed time shown on the recorder counter.
Court's wording
Reference to a particular portion of an electron- ically recorded transcript of proceeding shall be to the event, the number of the tape on which it was recorded and the elapse time of the tape on which it was recorded and the elapse time on the recorder counter reading.
A party may request an alternate recording method, but must make the request in writing.
- Alternate recording request
Formatting
- •The request must be made in writing
Court's wording
Any party to a court proceeding may request, ~tzo-z-;t «o~ in writing, two (2) weeks prior to any hearing or trial,· that the proceedings be recorded by an alternate method of recording such as a stenographer, video tape, or other method.
References to a portion of an electronically recorded proceeding must identify the event, tape number, and elapsed time shown on the recorder counter.
Court's wording
Reference to a particular portion of an electron- ically recorded transcript of proceeding shall be to the event, the number of the tape on which it was recorded and the elapse time of the tape on which it was recorded and the elapse time on the recorder counter reading.
A person requesting a copy must provide the necessary tape at their own expense, and each tape must match the original tape’s length of 30, 60, or 90 minutes.
Court's wording
The person requesting a copy of said proceeding must provide such tape or tapes as ·are necessary to dupli- cate the record to the Bailiff at his own expense. All tapes provided by any person requesting a copy of the proceed- ing must be the same length (30 min., 60 min., or 90 min.) as the original tape on which the record.was made.
Document Filing Requirements437 rules
Prior to said hearing, the parties shall orovide such financial and other data as is necessary to the Morgan County Child Support Enforcement Agency for the calculation of financial responsibilities of the parties pursuant to law.
Appointed-counsel bills must comply with the approved Assigned Counsel Fee Schedule.
Court's wording
All bills submitted by appointed counsel shall be in accordance with the Assigned Counsel Fee Schedule approved by·the Morgan County Bar A~sociation and the Morgan County Board of County Commissioners as jour- nalized in the journal of the Morgan County Board of County Commissioners.
When the Court appoints counsel for an indigent person, assigned counsel must submit a bill for services on approved forms, with the required affidavits of indigency, within 14 days after the case ends.
Court's wording
In all cases involving indigent persons whe=e the Court has appointed counsel, it shall be the responsibility of the assigned counsel to submit to the Court fo= approval on approved forms counsel's bill fo~ services, together with such affidavits of indigency as required by the Ohio Public Defender's Commission, within 14 cays of the termination of the case.
Transcripts of proceedings of electronically recorded transcripts shall be filed with the Clerk of the trial court.
Unless the Court otherwise ~ects, Counsel for the Party in whose favor an Order, Decree or Judgment is rendered, shall within five (5) business thereafter prepare the proper Journal Entry and submit it to Counsel for the adverse party who shall approve or reject the same within five ( 5) business days after the receipt thereof.
If Counsel are unable to agree upon the Entry their respective Entry shall be submitted to the trial Judge who will then direct what Entry shall be made.
Counsel shall promptly submit an Entry of Dismissal to the Trial Judge following the settlement of any case.
Effective immediately for all actions filed on or after 15 November 94, no divorce or dissolution of marriage involving child:en shall be grantee until the pa:ties have filed with the Court, proof·of attendance at a two {2) hour counseling session teac :ng m how· parent children during a:,.d a=ter a d.:.v. rce or c:··sso1 tion. 1'.11 costs associated with said co·.seling s l be p ~d by the parties equally.
THE COURT REQUIRES THAT A CERTIFICATE OF ATTENDANCE BE FILED WITH THE CLERK OF COURTS IN EACH CASE FILE PRIOR TO THE HEARING.
The residential parent must obtain a modified visitation order before removing the children's residence from Ohio.
Court's wording
If the residential parent intends to remove his or her residence from the State of, Ohio, the residential parent, pursuant to law, shall not remove the children's residence from the State of Ohio without first obtaining a modified visitation order from the Court.
Before moving, the residential parent must file a written notice with the Clerk of Courts containing the specified case and party information.
- Document
- Notice of intention to move
Must include
- •Case number
Court's wording
Pursuant to law, if the residential parent intends to move his or her residence, the residential parent PBJQR TQ MOVING, MUST DO ALL OF THE FOLLOWING: 1. File a written notice of the intention to move with the Clerk of Courts of Morgan County, Ohio, 19 East Main Street, McConnelsville, Oh 43 756, containing the following information: a. the case number under which the original visitation order was issued. b. the residential parent's name, old address, and new address c. the non-residential parent's name and present address.
File a written notice of the intention to move with the Clerk of Courts of Morgan County, Ohio, 19 East Main Street, McConnelsville, Oh 43756, containing the following information: A. the case number under which the original visitation order was issued B. the residential parent's name, old address, and new address C. the non-residential parent's name and present address
- Document
- Written notice of intention to move
Include
- •Case number
At the final pre-trial hearing, all parties will furnish the Court with trial briefs concerning the issues to be tried and the law applicable thereto.
if it is not possible to amicably settle the case between the parties, all requests for jury instructions, all exhibits, and all scientific evidence to be introduced at trial will be disclosed to the Court and marked for introduction into evidence.
Prior to said hearing, the parties shall provide such financial and other data as is necessary to the Morgan County Child Support Enforcement Agency for the calculation of financial responsibilities of the parties pursuant to law.
During the 1 month period between the trial and the post-trial hearing, the parties shall present to the Morgan County Child Support Enforcement Agency all financial matters relative to the calculation of child support.
Assigned counsel must submit a bill for services with the required affidavits of indigency for approval.
Court's wording
In all cases involving indigent persons where the Court has appointed counsel, it shall be the responsibility of the assigned counsel to submit to the Court for approval on approved forms counsel's bill for services, together with such affidavits of indigency as required by the Ohio Public Defender's Commission, within 14 days of the termination of the case.
Appointed counsel's bills must comply with the specified Assigned Counsel Fee Schedule.
Court's wording
All bills submitted by appointed counsel shall be in accordance with the Assigned Counsel Fee Schedule approved by the Morgan County Bar Association and the Morgan County Board of County Commissioners as jour- nalized in the journal of the Morgan County Board of County Commissioners.
This rule shall not be applied to any indigent party provided that, at least one week prior to the scheduled date of trial, said indigent party files with the Court an Affidavit of Indigency setting forth all receivables, payables, and equity in any personalty or realty, and the Court finds said party to be indigent based thereon or after any hearing that the Court may require.
Transcripts of proceedings of electronically recorded transcripts shall be filed with the Clerk of the trial court.
If Counsel are unable to agree upon the Entry their respective Entry shall be submitted to the trial Judge who will then direct what Entry shall be made.
Counsel for the Party in whose favor an Order, Decree or Judgment is rendered, shall within five (S} business thereafter prepare the proper Journal Entry and submit it to Counsel for the adverse party
Counsel shall promptly submit an Entry of Dismissal to the Trial Judge following the settlement of any case.
(C) Submitting a certificate of good standing dated no earlier than 60 days prior to its filing with this Court, which establishes the out-of-state attorney's license to practice law in that jurisdiction;
(E) Submitting an agreement executed by the sponsoring attorney, or another attorney licensed to practice law in Ohio, and the out-of-state attorney agreeing that they shall be co-counsel for the purposes for which the admission is sought; and
(B) Certifying in writing familiarity with the Local Court Rules, Civil Rules, Rules of Evidence, Rules of Superintendence and the Code of Professional Conduct;
(A) Filing a written oath substantially in compliance with Rule XII of the Supreme Court Rules for the Government of the Bar;
(F) Submitting a proposed entry authorizing the approval of the application.
(D) Being sponsored in writing by an attorney licensed to practice law in Ohio who shall certify the out-of state attorney's compliance with this rule and the Supreme Court Rules for the Government of the Bar;
Referral for mediation shall be by a Joint Notice of Scheduled Mediation or Judgment Entry and the referring order shall recite a "not later than" date for all participants, or their counsel, to make scheduling contact with the identified mediator.
No oral agreement to a mediation result is binding, unless made in open court or subsequently reduced to a signed writing.
All mediation agreements shall be presented to the Court, with the consent of the parties and waiver of confidentiality and are subject to final approval by the Court.
(G) Petitioner's accounts shall be filed in all adoption cases, with the exception of step parent adoptions proceeding without an attorney as allowed by (A) of this section.
Documents requiring a fiduciary’s signature must bear the fiduciary’s original signature; each co-fiduciary must sign or the filing must explain the missing signature and efforts to obtain it.
Court's wording
Every pleading, filing, or other document by law or rule requiring the fiduciary’s signature shall have the original signature of the fiduciary. The attorney for the fiduciary may not sign for the fiduciary. When co-fiduciaries have been appointed, each fiduciary must sign the filing or the filing must explain the reason for the absence of a co- fiduciary’s signature and the efforts made to obtain it.
Filing & Service rules
Electronic Filing Rules
Filings may not be submitted by fax, email, or digital methods unless a special administrative order provides otherwise.
The Court will not accept filings by facsimile transmission, electronic mail, and/or digital methods except as provided by special administrative order.
Page 23 | LOC.R. 57.1 FACSIMILE FILINGS
The Clerk of Court must submit the required reports electronically through the Ohio Supreme Court website.
The Clerk of Court shall submit in electronic format via the Ohio Supreme Court website reports as required by the Supreme Court Sup. R. 37.01 through 37.03.
Page 24 | 6.00 Use of E-Stats
The Court assigns a confirmation number upon receipt of the complete filing, emails processing or rejection information, and permits the filer to submit a corrective filing later at the filer’s election.
A confirmation number will be assigned to each filing when it is received in its entirety by the Court's receiving device. Upon successful processing of the filing by the Court, an electronic mail message containing the confirmation number and case number assigned, if any, will be sent to the filer. Filers will be notified via electronic mail if the filing is rejected for any reason. A corrective filing may be sent at a later time if the filer elects to do so.
Page 26 | 9.0 EFILING — ELECTRONIC FILING POLICY
Each electronically filed document must receive an acknowledgment with a confirmation date and time.
All electronically filed documents shall receive a confirmation date and time acknowledgement.
Page 26 | 9.0 EFILING — ELECTRONIC FILING POLICY
Attachments and exhibits are to be filed electronically.
Attachments and exhibits are to be filed electronically.
Page 26 | 9.0 EFILING — ELECTRONIC FILING POLICY
After acceptance processing, an electronic filing is stamped with the complete transmission’s receipt date and time and the case number, and it cannot be altered after acceptance.
Upon successful completion of acceptance processing by the Court, a document filed electronically will be electronically file stamped . This stamp will include the date and time that the receiving device of the Court received the entire transmission as well as the case number of the filing. After a document is electronically file stamped, the document cannot be altered once it has been accepted into the system.
Page 26 | 9.0 EFILING — ELECTRONIC FILING POLICY
Attachments or exhibits over 30 megabytes cannot be e-filed and must instead be submitted in hard copy.
Large attachments or exhibits over 30 megabytes cannot be filed electronically and must be submitted in hard copy and served on all other parties.
Page 26 | 9.0 EFILING — ELECTRONIC FILING POLICY
A filer who cannot file electronically because of problems on the filer's end must file a hard copy with the Court.
A filer who cannot file a document electronically due to problems on the filer's end, must file a hard copy of the document with the Court.
Page 27 | 14
The Court will not accept fax, email, or digital filings unless a special administrative order provides otherwise.
The Court will not accept filings by facsimile transmission, electronic mail, and/or digital methods except as provided by special administrative order.
Page 23 | LOC.R. 57.1 FACSIMILE FILINGS
Once a document is electronically submitted and becomes part of the case docket, corrections to the docket are made only by the Court. The System does not permit a filing party to make changes to the document(s ) or docket entry once the transaction has been accepted. If a document has been filed in error, the filing party should not attempt to re-file the document.
Once a document is electronically submitted and becomes part of the case docket, corrections to the docket are made only by the Court. The System does not permit a filing party to make changes to the document(s ) or docket entry once the transaction has been accepted. If a document has been filed in error, the filing party should not attempt to re-file the document.
Page 27 | 15
The Court reserves the right to deny any party, firm, or agency use of e-filing for habitual nonconformance or uncorrected equipment incompatibility.
NONCONFORMANCE RULE - The Court reserves the right to deny any party, firm, or agency the use of e Filing due to habitual nonconformance of these rules and/or equipment incompatibility issues that are not corrected .
Page 27 | NONCONFORMANCE RULE
The Court permits the use and filing of tickets produced by computer or other electronic means.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Morgan County Juvenile Court.
Page 3 | Addition to Rule 3, Item D. Juvenile Traffic Offenders
The Court permits the use and filing of tickets produced by computer or other electronic means.
The use and filing of a ticket that is produced by computer or other electronic means is hereby authorized in the Morgan County Court.
Page 15 | 4.1 USE OF ELECTRONICALLY PRODUCED TICKET
Complaints, pleadings, and other documents may be filed electronically over the Internet, subject to the policy’s requirements.
In conformity with Ohio Revised Code, Ohio C iv il Rule S(E) and Criminal Rule 12(B) and, as approved (provisionally) by the Ohio Supreme Court on Technology and the Courts, complaints, pleadings and other documents may be f iled with the Court electronically via the Internet, subject to the provisions in this rule.
Page 25 | 9.0 EFILING — ELECTRONIC FILING POLICY
An electronically filed document is accepted as the original filing.
A document electronically filed shall be accepted as the original filing.
Page 26 | 9.0 EFILING — ELECTRONIC FILING POLICY
Attorneys and litigants may file documents by fax with the Clerk of Courts, and electronic signatures on faxed documents are accepted.
Fax filing with Clerk of Courts Attorneys and litigants have access to facsimile. Electronic signatures on the faxed documents are accepted. Facsimile 740-962-4589.
Page 2 | Technology Plan
Filing Timing and Cure Windows
Assigned counsel's bill and required affidavits must be submitted within 14 days after the case terminates.
In all cases involving indigent persons whe=e the Court has appointed counsel, it shall be the responsibility of the assigned counsel to submit to the Court fo= approval on approved forms counsel's bill fo~ services, together with such affidavits of indigency as required by the Ohio Public Defender's Commission, within 14 cays of the termination of the case.
Page 8 | Rule 4
A party seeking an alternate recording method must make a written request two weeks before a hearing or trial.
Any party to a court proceeding may request, lto?'>\ in writing, two (2) weeks prior to any hearing or trial, that the proceedings be recorded by an alternate method of recording such as a stenographer, video tape, or other method.
Page 11 | A. RECORDING DEVICES
If counsel does not present the Entry within ten business days after the Decree, Order, or Judgment, the trial Judge may prepare and file it or take other appropriate action, including barring new pleadings until it is filed, except in the stated emergency or with the Judge’s express permission.
If Counsel fails to present an Entry within the ten (10) business days after the Decree, J Order or Judgment is rendered as specified in Rule 12.01. The trial Judge may cause the proper Entry to be prepared and filed without submission or notice to either Counsel or take such other action as may be appropriate under the circumstances including but not limited to directing the Clerk to refuse to allow the filing of any new pleadings in any case by either Counsel until the Judgment Entry described in paragraph 12.01 has been filed with the Clerk except in the emergency situation where a statue of limitations will expire or upon the express permission of the Judge.
Page 14 | Rule 12.Ql
If counsel does not present the Entry of Dismissal within ten days after representing to the Court that the case has been settled, the Trial Judge may dismiss the case for want of prosecution.
If Counsel fails to present such an Entry to the Trial Judge within ten (10) days after representing to the Court that a case bas been settled the Trial Judge may order the case dismissed for want of prosecution.
Page 14 | Rule 12.03
Unless the Court directs otherwise, prevailing-party counsel must prepare the Journal Entry within five business days after the Order, Decree, or Judgment is rendered.
Unless the Court otherwise ~ects, Counsel for the Party in whose favor an Order, Decree or Judgment is rendered, shall within five (5) business thereafter prepare the proper Journal Entry and submit it to Counsel for the adverse party who shall approve or reject the same within five ( 5) business days after the receipt thereof.
Page 14 | Rule 12.01
The residential parent must complete the required steps before moving.
Pursuant to law, if the residential parent intends to move his or her residence, the residential parent PBJQR TQ MOVING, MUST DO ALL OF THE FOLLOWING:
Page 50 | Change of Residence
The residential parent must complete the listed requirements before moving.
Pursuant to law, if the residential parent intends to move his or her residence, the residential parent, eRIOR TO MOVING, MUST DO ALL OF THE FOLLOWING:
Page 57 | Change of Residence
The case must be set for trial two weeks after the settlement conference.
Two weeks after the settlement conference, the case shall be set for trial.
Page 5 | Parentage Cases
If parentage is determined at trial, the Court will hold a hearing on custody, support, and visitation within one month after trial.
In the event that a determination of parentage is made at trial, the Court will conduct a hearing within 1 month of the date of the trial to determine the issues of child custody, child support, and child visi- tation rights.
Page 5 | Parentage Cases
The Court must conduct a hearing within six weeks after a support-enforcement or modification motion is filed and served on the adverse party.
Within / 6 weeks of the filing of a Motion for support enforce- ment or modification and the service of the adverse party thereon, the Court shall conduct a hearing to determine the issues.
Page 5 | Child Support Enforcement and Modification
The Court must schedule a settlement conference two weeks after the final pre-trial hearing is scheduled.
Two weeks after the final pre-trial hearing is scheduled, the Court shall schedule a settlement conference with the parties at said conference.
Page 5 | Parentage Cases
Final Pre-Trial Hearing: Five months after the filing of the Complaint for permanent custody,
Final Pre-Trial Hearing: Five months after the filing of the Complaint for permanent custody,
Page 6 | Permanent Custody
The Court will hold an initial pre-trial hearing within 30 days after filing the permanent-custody complaint and serving all parties with process.
Within 30 days after the filing of a Complaint for permanent custody and the service of all parties with process thereon, the Court will hold an initial pre- trial hearing to determine the issues relative to the Complaint and to make such orders as are necessary for the resolution of the Complaint.
Page 6 | Permanent Custody
Support-enforcement and modification matters must be disposed of no later than two months after the appearance and service of process of all adverse parties.
In no event shall support enforcement and modification matters be disposed of more than 2 months from the date of the appearance and service of process of all adverse parties.
Page 6 | Child Support Enforcement and Modification
The Court must schedule a hearing on custody or visitation issues within six weeks after the initial and final pre-trial hearing.
After the initial and final pre-trial hearing, the Court shall schedule a hearing on the issues of custody, change of custody, or visitation rights within 6 weeks.
Page 6 | Change of Custody and Visitation Rights
The Court must conduct an initial and final pre-trial hearing within 14 days after the specified custody or visitation motion is filed and served on the adverse party.
Within 14 days of the filing of a Motion for custody, change of custody, or visitation rights and the service of process of said Motion upon the adverse party, the Court shall conduct an initial and final pre-trial hearing with the parties to determine the issues to be brought before the Court.
Page 6 | Change of Custody and Visitation Rights
Assigned counsel must submit bills within 14 days after the case ends; late or deficient bills may be denied in the Court's discretion, except for good cause.
In all cases involving indigent persons where the Court has appointed counsel, it shall be the responsibility of the assigned counsel to submit to the Court for approval on approved forms counsel's bill for services, together with such affidavits of indigency as required by the Ohio Public Defender's Commission, within 14 days of the termination of the case. All assigned counsel bills submitted after 14 days, submitted without affidavits approved by the Ohio Public Defender's Commission, or submitted on improper forms may, in the discretion of the Court, be denied for payment, except for good cause shown.
Page 8 | Rule 4
The $300 jury-impaneling deposit must be made no later than one week before the scheduled trial date.
All persons dem~nding jury trials in civil cases shall, no later than one week prior to the scheduled date of the trial, deposit with the Clerk of Courts the sum of Three Hundred Dollars ($300.00) for a deposit to covet expenses of impaneling the jury.
Page 10 | Rule 3.1
An indigent party must file an Affidavit of Indigency with the Court at least one week before the scheduled trial date to seek exemption from the jury deposit.
This rule shall not be applied to any indigent party provided that, at least one week prior to the scheduled date of trial, said indigent party files with the Court an Affidavit of Indigency
Page 10 | Rule 3.1
At least one party must pay the jury deposit two weeks before trial; otherwise, all parties are deemed to have waived a jury trial.
In any civil case where a jury has been demanded by any party and the deposit has not been paid two (2) weeks prior to trial by at least one party pursuant to this rule, the right to a jury trial shall be deemed to have been waived by all parties
Page 11 | Rule J.l
Any party to a court proceeding may request, ~tzo-z-;t «o~ in writing, two (2) weeks prior to any hearing or trial,· that the proceedings be recorded by an alternate method of recording such as a stenographer, video tape, or other method.
Any party to a court proceeding may request, ~tzo-z-;t «o~ in writing, two (2) weeks prior to any hearing or trial,· that the proceedings be recorded by an alternate method of recording such as a stenographer, video tape, or other method.
Page 12 | A. Recording Devices
Opposing counsel must approve or reject the Journal Entry within five business days after receiving it.
who shall approve or N4ect the same within five (5) business days after the receipt thereof.
Page 15
Counsel must present the Entry within ten business days after the decree, order, or judgment; otherwise, the judge may prepare and file it without notice or take other appropriate action, including barring new pleadings until it is filed, except in an emergency involving an expiring statute of limitations or with the judge’s express permission.
If Counsel fails to present an Entry within the ten (10) business days after the Decree, Order or Judgment is rendered as specified in Rule 12.01. The trial Judge may cause the proper Entry to be prepared and filed without submission or notice to either Counsel or take such other action as may be appropriate under the circumstances including but not limited to directing the Clerk to refuse to allow the filing of any new pleadings in any case by either Counsel until the Judgment Entry descnoed in paragraph 12.01 has been filed with the Clerk except in the emergency situation where a statue of limitations will expire or upon the express permission of the Judge.
Page 15
The Verification of Receipt and Deposit must be filed with the Court within seven days after the Entry directing the deposit is issued.
The attorney shall obtain a Verification of Receipt and Deposit (SPF 22.3) from the financial institution and file that form with the Court within seven (7) days of the issuance of the Entry directing the deposit.
Page 52 | LOC.R. 67.3 RESPONSIBILITY FOR DEPOSIT OF FUNDS
Service and Proof of Service Rules
In divorce, annulment, or legal-separation cases where the plaintiff proceeds in forma pauperis, service by publication must be made by posting at three specified locations.
In cases of divorce, annulment, or legal separation, if Plaintiff is proceeding .!..a, forma pauperis, service by publication shall be made by posting pursuant to Rule 4.4{A)(2). Posting shall be on a public bulletin board in three (3) places: Office of the Clerk of Courts of Morgan County, Ohio; Office of the Sheriff of Morgan County, Ohio: and Office of the Mayor of the Village of McConnelsville, Ohio.
Page 21 | Rule 4.1
Pursuant to Rule 4.2(A)(2) of the Ohio Rules of Civil Procedure, this court orders that the following locations be designated for posting in accordance with said rule: 1. Morgan County Courthouse 2. Morgan County Sheriffs Office 3. Morgan County Riecker Building These locations shall be used as posting for all divisions of this court in accordance with the aforementioned Civil Rule.
Pursuant to Rule 4.2(A)(2) of the Ohio Rules of Civil Procedure, this court orders that the following locations be designated for posting in accordance with said rule: 1. Morgan County Courthouse 2. Morgan County Sheriffs Office 3. Morgan County Riecker Building These locations shall be used as posting for all divisions of this court in accordance with the aforementioned Civil Rule.
Page 22 | LOCAL RULE 4.2(A)(2)
The Clerk must serve a copy of the Order on the county's adult probation, parole, and community control officers.
said Clerk further serve a copy of this Order on the adult probation, parole and community control officers of Morgan County, Ohio.
Page 26 | Standard Rules of Probation
Upon receiving the notice, the Clerk must file and copy it, mail it to the non-residential parent, and note the mailing date as proof of mailing.
(Upon receipt of this notice, the Clerk of Courts shall file, make a copy of said notice, and mail it to the non-residential parent. The Clerk shall note "Proof of Mailing" showing the date of the mailing on the notice filed in the Court file.)
Page 50 | Change of Residence
Upon receiving the notice, the Clerk must file the original, make a copy, and mail the copy to the non-residential parent.
Upon receipt of this notice, the Clerk of Courts shall file the original written notice in the case file, make a copy of said notice, and mail it to the non-residential parent.
Page 57 | Change of Residence
When an electronic ticket is issued at the scene, the issuing officer must provide the defendant with a paper copy.
If an electronically produce ticket is issued at the L scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Page 3 | Addition to Rule 3, Item D. Juvenile Traffic Offenders
If a served document is rejected, the party who submitted it must give all parties who were served written notice that it was rejected and not filed.
If the Court rejects a document that has been served by a party upon other parties, the party who tendered the rejected document shall provide to all parties who were served with a copy of the documents a written notification that the document was rejected and not filed in the case.
Page 24 | LOC.R. 57.6 COURT FILINGS
Unless waived, the Court must serve summons in the listed will, direction-or-instructions, declaratory judgment, document construction, and class determination actions.
Service of summons by the Court, unless waived, is required in an action: for pre-death declaration of the validity of a will (R.C. 2107.082), to contest a will (R.C. 2107.72), to requesting direction or instructions (R.C. 2107.46), for a declaratory judgment, the construction of a document, or a determination of a class (R.C. 2721.05
Page 24 | LOC.R. 57.8 INSTRUCTIONS FOR SERVICE OF SUMMONS OR NOTICE
The fiduciary must arrange publication for a public real-property sale and advertise it for at least three successive weeks before the scheduled sale.
Publication for a public sale in a real property sale proceeding is arranged by the fiduciary and must be advertised at least three (3) successive weeks prior to the scheduled sale (R.C.2727.32).
Page 25 | Service of Notice
When authorized in a declaration-of-validity-of-will proceeding, the Court gives publication of service of process for three consecutive weeks.
Publication of service of process when authorized in a declaration of validity of will proceeding is for three (3) consecutive weeks and the publication is given by the Court (R.C.2107.082).
Page 25 | Service of Notice
If personal service cannot be obtained on a non-consenting parent in an adoption proceeding, the Court must give notice by publication once a week for three consecutive weeks.
In an adoption proceeding when service of notice is being made upon a non-consenting parent, where personal service cannot be obtained, then service of notice by publication must be given once a week for three consecutive weeks and it is given by the Court pursuant to the law (R.C. 3107.11 (C) and Civ.R. 73(E)(6)).
Page 25 | Service of Notice
Whenever publication is used or required, proof of publication from the publisher must be filed with the Court.
In every instance when publication is used or required, proof of the publication from the publisher must be filed with the Court in accordance with Civ.R. 4.4(A)(l).
Page 25 | Service of Notice
Summons by publication must generally run once a week for six successive weeks, unless law provides fewer weeks; service is complete on the final publication date, when the 28-day answer period begins.
When service of summons is being made by publication, it shall be made by publication once a week for six (6) successive weeks unless a smaller number of weeks is provided by law and service shall be complete on the date of the last publication. The28-day period for answer commences with the date of the last publication (Civ.R. 4.4(A)(l) and Civ.R. 12(A)(l)).
Page 25 | Service of Notice
For a name change, publication must occur once at least 30 days before the application hearing, and the Court prepares the notice and arranges publication.
Publication for a name change must be made one time at least 30 days before the hearing on the application (R.C.2717.01). The Court prepares the publication notice and arranges publication.
Page 25 | Service of Notice
For Court-made service not covered by properly filed service instructions or a method specified in the filing or by statute, other individuals and entities are served by ordinary U.S. Mail to the last address reflected in the case file.
When service is required to be made by the Court for pleadings other than (a) those for which service has been requested by properly filed instructions for service, or (b) those for which a specific method of service is designated within the filing or is designated by statute, then service shall be through delivery to the court mailbox of an attorney who in writing has previously authorized such method of alternate delivery and upon all other individuals or entities by ordinary U.S. Mail sent to the last address reflected in the case file for the individual or
Page 26 | LOC.R. 57.14 COURT SERVICE OF FILINGS
Papers requiring notice or service will not be considered unless proof of service is endorsed on them or separately filed.
Pursuant to Civ.R. 5(D), papers filed with the court and requiring notice or service shall not be considered by the Court unless a proof of service is endorsed thereon or until one is separately filed.
Page 26 | LOC.R. 57.12 CERTIFICATE OF SERVICE
For Court-made service not covered by properly filed service instructions or a method specified in the filing or by statute, delivery to an attorney’s court mailbox is required if the attorney previously authorized that method in writing.
When service is required to be made by the Court for pleadings other than (a) those for which service has been requested by properly filed instructions for service, or (b) those for which a specific method of service is designated within the filing or is designated by statute, then service shall be through delivery to the court mailbox of an attorney who in writing has previously authorized such method of alternate delivery
Page 26 | LOC.R. 57.14 COURT SERVICE OF FILINGS
Proof of service shall consist of either waivers, original signed certified mail return receipt cards, or when applicable, postal certificates of mailing, as provided under Civ.R. 73(E)(3). Neither a minor nor a person under disability may sign a waiver of notice. Pursuant to SUP.R. 59(B) a waiver of notice may not be signed on behalf of a minor sixteen or seventeen years of age.
Proof of service shall consist of either waivers, original signed certified mail return receipt cards, or when applicable, postal certificates of mailing, as provided under Civ.R. 73(E)(3). Neither a minor nor a person under disability may sign a waiver of notice. Pursuant to SUP.R. 59(B) a waiver of notice may not be signed on behalf of a minor sixteen or seventeen years of age.
Page 30 | LOC.R. 59.1 CERTIFICATE OF SERVICE
If no waiver is filed, the Court must serve the spousal citation and summary of rights by certified mail within seven days after the initial appointment filing.
Absent the filing of a waiver, the Court shall serve by certified mail the spousal citation and summary of rights required by R.C.2106.02 within 7 days of the initial filing for appointment.
Page 31 | LOC.R. 60.5 SPOUSAL CITATION AND SUMMARY OF RIGHTS
The Administrator must give appointment notice to entitled persons within seven days, unless they received hearing notice or waived notice, and must file proof of service.
Pursuant to Sup.R. 60 (B) the Administrator shall give notice of the appointment within seven (7) days after the appointment to all persons entitled to inherit, including persons entitled to an allowance for support, unless those persons have been given notice of the hearing on the appointment or waived notice. Proof of the service of the notice shall be filed with the Court.
Page 31 | LOC.R. 60.2 NOTICE OF APPOINTMENT
For each person required to receive notice, the fiduciary must file a waiver or proof of service, and must file original certified-mail receipts or postal certificates of mailing when those documents are used as evidence.
(C) Prior to the hearing on the account, every fiduciary filing an account must also file: (1) A Certificate of Service of Notice of Hearing on Account (SPF 13.9); and (2) For each person required to be served, either: (a) A Waiver of Notice of Hearing on Account (SPF 13.7) or (b) A proof of service of Notice of Hearing in a manner approved for service in Loc.R. 64.9(B). If certified mail return receipts or U.S. Postal Certificates of Mailing are used as evidence, originals shall accompany the filing.
Page 38 | LOC.R. 64.9 HEARING, CERTIFICATES AND SERVICE
Every account must be set for hearing, and the fiduciary must serve a copy of the account and hearing notice on the specified heirs, beneficiaries, or next of kin, depending on the matter.
(A) Every account shall be set for hearing. Pursuant to R.C. 2109.33, a copy of every account and notice of hearing shall be served by the fiduciary upon (1) In estates, every heir for intestate estates and all beneficiaries for testate estates; (2) In guardianships, all known next of kin of the ward; and (3) for a Testamentary Trust, all known beneficiaries in the trust.
Page 38 | LOC.R. 64.9 HEARING, CERTIFICATES AND SERVICE
The notice of hearing on an account may be served by certified mail in addition to the other authorized methods; if the mailing is returned undeliverable, service is incomplete and the fiduciary must complete it by ordinary mail with a certificate of mailing.
(B) The Court, pursuant to Civ.R. 73(E)(7), directs that service of the Notice of Hearing On Account (SPF 13.5), in addition to the other methods provided in Civ.R. 73(E)(6), may be served by written notice mailed by certified mail. If the mailing is returned undeliverable by the U.S. Postal Service, then the service shall be deemed incomplete and the fiduciary shall complete service by ordinary mail with certificate of mailing.
Page 38 | LOC.R. 64.9 HEARING, CERTIFICATES AND SERVICE
If waivers and consents are not filed from all interested parties, a hearing and service of notice upon them are required.
Waivers and consents to the proposed distribution must be filed from all interested parties, or a hearing and service of notice upon them will be required.
Page 56 | LOC.R. 70.1 SETTLEMENT OF CLAIMS
Filing Fees and Waivers
A foreclosure complaint naming one to five defendants requires a $330 filing fee.
Foreclosure Complaint (1 - 5 Defendants)* ........................... .. 330.00
Page 2 | Common Pleas Court Filing Fees/Deposits
An execution requires a $120 fee.
Execution ........................................................................... . 120.00
Page 2 | Common Pleas Court Filing Fees/Deposits
For civil and foreclosure complaints with more than five defendants, add $30 for each defendant after the fifth.
• For Civil and Foreclosure Complaints with more than 5 Defendants, add $30.00 per Defendant for each Defendant after 5.
Page 2 | Common Pleas Court Filing Fees/Deposits
Filing a certificate of judgment costs $33.
File Certificate of Judgment ................................................ .. 33.00
Page 2 | Common Pleas Court Filing Fees/Deposits
An order-of-sale deposit of $150 is required.
Order of Sale Deposit ......................................................... .. 150.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A publication deposit of $500 is required.
Publication Deposit ............................................................. . 500.00
Page 2 | Common Pleas Court Filing Fees/Deposits
An answer, cross-complaint, or counterclaim requires a $120 filing fee.
Answer/Cross Complaint or Counter-Claim .......................... . 120.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A post-decree motion requires a $120 filing fee.
Post-Decree Motion ............................................................... . 120.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A certified copy costs $1.
Certified Copy ....................................................................... . 1.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A divorce or dissolution with minor children requires a $225 filing fee.
Divorce/Dissolution (with minor children) ............................. . 225.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A jury deposit of $400 is required.
Jury Deposit .......................................................................................... . 400.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A civil complaint naming one to five defendants requires a $180 filing fee.
Civil Complaint (1 - 5 Defendants)* .. .... ... . .. . . .. . . .. . . . . .... . .. .. . .. .... $180.00
Page 2 | Common Pleas Court Filing Fees/Deposits
Preparing a certificate of judgment costs $5.
Prepare Certificate of Judgment ........................................... . 5.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A garnishment requires a $120 fee.
Garnishment ...................................................................... . 120.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A civil release of judgment costs $28.
Civil Release of Judgment .................................................... . 28.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A home investigation requires a $150 fee.
Home Investigation ............................................................... . 150.00
Page 2 | Common Pleas Court Filing Fees/Deposits
Expungement requires a $50 fee, plus costs.
Expungement (plus costs) .................................................... . 50.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A divorce or dissolution with no minor children requires a $200 filing fee.
Divorce/ Dissolution (with no minor children} ........................ . 200.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A State of Ohio release of judgment costs $38.
State of Ohio Release of Judgment ...................................... .. 38.00
Page 2 | Common Pleas Court Filing Fees/Deposits
A party demanding a civil jury trial must deposit $400 at least two weeks before trial or the jury right is waived by all parties; any party may pay the deposit, and the case proceeds to a jury trial unless all parties or their attorneys waive it under Civil Rule 39(A).
Any party demanding a jury trial in a civil case ~lZ'Q?-;\~ shall, not later than two (2) weeks prior to the scheduled date of the trial, deposit with the Clerk of Courts the sum of Four Hundred Dollars ($400.00) as a deoosit to cover expenses of impaneling the jury. In any civii case where a jury has been demanded by any party and the deposit has not been paid two (2) weeks prior to trial by at least one party pursuant to this rule, the right to a jury trial shall be deemed to have been waived by all parties and said trial shall proceed as . scheduled as a trial to the bench If any party, in~luding a party who did not demand a jury trial, pays the jury deposit required by this rule, and all parties or their attorneys of record do not waive a jury trial in accordance with the provisions of Civil Rule 39(A) of the Ohio Rules of Civil Procedure, then the matter shall proceed to trial by a jury as scheduled.
Page 10 | Rule 3.1
The person requesting a transcript must pay its transcription cost, except in criminal cases involving indigent defendants.
Except in criminal cases involving indigent Defendants, payment for the cost of transcription shall be borne by the person requesting the transcript.
Page 11 | B. APPEAL
The party requesting an alternate recording method must bear its expense and pay the Clerk an advance deposit sufficient to secure those expenses.
Such alternate method of recoruing shall be at the expense of the party so requesting and shall be provided upon the payment of a deposit, in advance, to the Clerk in an amount sufficient to secure expenses.
Page 11 | A. RECORDING DEVICES
Before the court orders a transcript to be prepared, the ordering party must deposit $3 per page based on the Clerk’s estimated page count.
4. Any party ordering a transcript of proceedings in any case in any division of the court must deposit with the Clerk the sum of Three Dollars ($3.00) per page for the number of pages estimated by the Cleric in said transcript prior to the court ordering said transcript to be prepared.
Page 17 | Common Pleas Court Filing Fees/Deposits
Sealing & Redaction Procedures
When unrepresented parties reach a mediation agreement, the mediator must file a sealed written agreement with the Court, and the matter must be set for a hearing to obtain the parties’ confidentiality waiver and acknowledgments of the terms.
In the event that the parties are not represented by counsel and an agreement is reached through mediation, the mediator shall file a sealed copy of the written agreement with the Court and the matter shall be set for further hearing, at which hearing the Court shall ask the parties to waive confidentiality as to the agreement and take the acknowledgements of the parties as to the terms of the agreement.
Page 13 | Mediation
Personal identifiers must be omitted from all filed case documents, and the filing party is responsible for ensuring their omission.
"Personal Identifiers," as defined by Sup.R. 44(H), Court Records - Definitions, must be omitted from all case documents that are filed with this Court. Pursuant to Sup.R. 45(D)(l) and (3), the filing party is solely responsible for assuring that the personal identifiers are omitted.
Page 16 | PERSONAL IDENTIFIERS
The filed personal identifiers must not be a public record.
which shall not be a public record.
Page 16 | PERSONAL IDENTIFIERS
Filing parties must omit or partially redact the listed personal data and proprietary or trade secret information, unless the assigned judge orders otherwise; the filer alone is responsible for redaction, and the Court will not review or redact the documents.
13. Filing parties shall omit or, where inclusion is necessary, partially redact the following personal data identifiers from all pleadings, documents and exhibits, whether filed electronically or on paper, unless the assigned judge orders otherwise: • Social security numbers except for the last four digits; • Financial account numbers, including but not limited to debit card, charge card, and credit card numbers; • Employer and Employee identification numbers; • A juvenile's name in an abuse, neglect, or dependency case, except for the juvenile's initials or a generic abbreviation such as "CV : for "child victim"; • Proprietary or trade secret information. The responsibility for redacting personal data identifiers (i.e., social security numbers and bank/credit card numbers) rests solely with the f iling party. The Court will not review the documents for compliance with this rule or redact documents, whether filed electronically or on paper.
Page 27 | 13
The Security Plan, including any amendments, must be kept confidential and excluded from the public record.
The entire Security Plan previously submitted to the Supreme Court of Ohio, or as hereafter amended, is to be maintained as confidential and not as a matter of public record.
Page 10 | LOC.R. 9.1 SECURITY PLAN
For parties not represented by counsel, the mediator must file a sealed written agreement with the Court, and the matter must be set for a hearing to obtain the parties' confidentiality waiver and acknowledgments of the agreement's terms.
In the event that the parties are not represented by counsel and an agreement is reached through mediation, the mediator shall file a sealed copy of the written agreement with the Court and the matter shall be set for further hearing, at which hearing the Court shall ask the parties to waive confidentiality as to the agreement and take the acknowledgements of the parties as to the terms of the agreement.
Page 13 | Mediation — Agreements
Personal identifiers must be omitted from all filed case documents, and the filing party is responsible for ensuring their omission.
''Personal Identifiers," as defined by Sup.R. 44(H), Court Records - Definitions, must be omitted from all case documents that are filed with this Court. Pursuant to Sup.R. 45(D)(1) and (3), the filing party is solely responsible for assuring that the personal identifiers are omitted.
Page 16 | LOC.R. 45.1 PERSONAL IDENTIFIERS
The Security Plan, including any amendments, must remain confidential and outside the public record.
The entire Security Plan previously submitted to the Supreme Court of Ohio, or as hereafter amended, is to be maintained as confidential and not as a matter of public record.
Page 10 | SECURITY PLAN
Confidential records may be accessed only as authorized by the Judge or applicable law, and unauthorized disclosure or receipt may result in contempt.
Records of adoption, mental illness, and developmental disability proceedings are confidential. Records of those proceedings and other records that are confidential by statute may be accessed only as authorized by the Judge of the Court or other applicable law. A citation for contempt of court may be issued against anyone who divulges or receives information from confidential records without authorization of the Judge.
Page 22 | LOC.R. 55.1 EXAMINATION OF PROBATE RECORDS
The decedent's social security number should be redacted from photocopies of a death certificate presented to the court.
The decedent's social security number should be redacted from any photocopies of a decedent's death certificate presented to the court.
Page 27 | LOC.R. 57.15 DEATH CERTIFICATE
The decedent’s social security number should be redacted from photocopies of a death certificate presented to the court.
The decedent’s social security number should be redacted from any photocopies of a decedent’s death certificate presented to the court.
Page 27 | LOC.R. 57.15 DEATH CERTIFICATE
Filing Bundling Requirements
The Court prefers that certificates of service, waivers, and proofs of service be filed at the same time as the account.
The Court prefers that the certificates of service, waivers and proof of service be filed contemporaneously with the filing of the account.
Page 38 | LOC.R. 64.9 HEARING, CERTIFICATES AND SERVICE
Pre-Motion Conference Requirements
After notice of a pretrial conference, counsel must sincerely try to settle the matter and agree on undisputed evidentiary matters.
Upon notice of the scheduling of a pretrial conference, it shall be the duty of counsel to make a sincere effort to dispose of the matter by settlement, and agree on any matters of evidence about which there is no genuine dispute.
Page 8 | 8.00 PRETRIAL PROCEDURE.
Opposing memoranda are due by the earlier of seven days after service or the day before the motion's trial or hearing, unless the assigned judge sets another time; the motion is submitted when the opposition is filed or its filing time expires, whichever comes first.
Opposing memoranda shall be filed not later than seven days from the service of the motion or on the day prior to the trial or hearing on the motion, whichever is earlier or at such other time as set by the assigned judge. Motions shall be deemed submitted when the opposing memoranda are filed or the time for filing expires, whichever is earlier.
Page 9 | 10.00 MOTIONS
Opposing counsel must answer a motion in like manner within 14 days.
All motions must be in writing and accompanied by a written memorandum containing facts, citations and arguments of counsel. Opposing counsel shall answer in like manner within fourteen (14) days thereafter.
Page 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES (D)(2)
The court has discretion to assign a motion for oral hearing, and counsel's failure to appear may be treated as abandonment of the motion.
Assignment of any motion for oral hearing shall be at the discretion of the court. Failure of counsel to appear for oral hearing may be deemed an abandonment of the motion.
Page 9 | 10.00 MOTIONS
An oral hearing on a motion is granted only if the parties request it in writing and the Court deems it necessary.
There will be no oral hearings granted in said motions unless the parties request an oral hearing in writing and the Court deems it necessary.
Page 12 | 17.00 CASE FLOW MANAGEMENT IN CIVIL CASES (D)(2)
Adjournment & Extension Requirements
Misdemeanor case timelines may be extended for good cause, but trial may not occur after six months from arraignment or beyond the statutory speedy-trial periods.
The times set forth in ~his rule may'be extended for good cause shown, but, in no event will criminal misdemeanor cases be tried at any time after 6 months from the arraignment or at any time beyond the time specified in Sections 2945.71, 2945.72, and 2945.73 of the Ohio Revised Code.
Page 3 | Rule 3 — Caseflow Management Program — General Division — Criminal Cases
A felony continuance requires good cause and the interests of justice, and must continue the case to a specified date.
Continuances in criminal felony cases will be granted only ~pon good ca~se shown and only when the interest of justice requires. No continuance in any criminal case shall be grantee unless the case is continued to a specified date.
Page 4 | Rule 3 — Caseflow Management Program — General Division — Criminal Cases
A misdemeanor continuance requires good cause and the interests of justice, and must continue the case to a specified date.
Continuances in criminal misdemeanor cases will be granted only upon good cause shown and only when the interest of justice requires. No continuance in any criminal case shall be granted unless the case is continued to a specified date.
Page 4 | Rule 3 — Caseflow Management Program — General Division — Criminal Cases
Felony case timelines may be extended for good cause, but trial may not occur beyond the statutory speedy-trial periods.
The times set forth in this rule may be extended for good cause shown, but, in no event will criminal felony cases be tried at any time beyond the times specified in Sections 2945.71, 2945.72, and 2945.73 of the Ohio Revised Code.
Page 4 | Rule 3 — Caseflow Management Program — General Division — Criminal Cases
A continuance may be granted only for good cause and when the interests of justice require it, and it must be to a specified date.
No continua~ces shall be granted, except for good cause shown, and if the interest of justice so requires. No case will be continued unless i t is continued to a specified cate.
Page 5 | Rule 3 — Caseflow Management Program — General Division — Civil Cases
A continuance may be granted only for good cause and when the interests of justice require it, and it must be to a specified date.
No conti~uances shall be granted, except for good cause shown, and if the interest of justice so reauires. No case will be continued unless it is-continued to a soecified date.
Page 6 | Rule 3 — Caseflow Management Program — General Division — Civil Cases
Custody and visitation matters may be continued only when the Court finds it is in the interest of justice, and may not be continued beyond six months after the motion is filed and served.
No continuances shall be granted unless the Court determines that it is in the interest of justice to continue this matter, but in no event will issues of custody, change of custody, or visitation rights be continued beyond 6 months after the filing of a Motion and the service of the adverse party therewith.
Page 8 | Rule 3 — Caseflow Management Program — General Division — Civil Cases
If parties have not attended the parenting class or an equivalent class from another county, the hearing must be rescheduled until they do.
IF YOUR CLIENTS HAVE NOT ATTENDED THIS CLASS OR ONE FROM ANOTHER COUNTY, YOU MUST RESCHEDULE YOUR HEARING UNTIL THEY HAVE ATTENDED SOME CLASS.
Page 32 | EFFECTIVE NOVEMBER 16, 1998
A dispositional hearing may be continued an additional 14 days for good cause and in the interest of justice.
A dispositional hearing shall be held on the 14th day after an adjudica- tion is made, but, for good cause shown and in the interest of justice, dispositional hearings may be continued for an additional 14 days.
Page 2 | Rule 3.C — Abused, Neglected, and Abandoned Children
A juvenile traffic case may not be continued beyond 42 days after the original complaint is filed, except in unusual circumstances when the interest of justice requires it.
If requested by the juvenile, his parents, or counsel, or upon the Court's own Motion, the Court may combine any of the hearings set forth in Sub-paragraphs 1, 2, or 3 above into one or more hearings, provided that in no event, shall any juvenile traffic case be continued beyond 42 days from the date of the Complaint's original filing with the Court, except under unusual circumstances when the interest of justice so requires.
Page 2 | Rule 3.D — Juvenile Traffic Offenders
An adjudicatory hearing may be continued an additional 14 days upon a party’s request and good cause, but not beyond 30 days after the original complaint is filed.
Upon request of any party, and for good cause shown, an adjudi- catory hearing may be continued for an additional 14 days, but in no event shall said hearing be continued to a time in excess of 30 days after the filing of the original Complaint with the Court.
Page 2 | Rule 3.C — Abused, Neglected, and Abandoned Children
A trial-date continuance is permitted only in an emergency or when the Court determines that the interest of justice requires it.
No continuance of the trial date will be granted, except for emergency situations or when the interest of justice, in the opinion of the Court, so requires.
Page 5 | Parentage Cases
No continu- ances shall be granted unless the Court determines that it is in the interest of justice to continue this matter, but in no event will issues of custody, change of custody, or visitation rights be continued beyond 6 months after the filing of a Motion and the service of the adverse party therewith.
No continu- ances shall be granted unless the Court determines that it is in the interest of justice to continue this matter, but in no event will issues of custody, change of custody, or visitation rights be continued beyond 6 months after the filing of a Motion and the service of the adverse party therewith.
Page 6 | Change of Custody and Visitation Rights
If the interest of justice requires, the Court may continue the hearing matter for 14 days to allow the parties to provide additional Agency-required information or permit support calculations.
If the interest of justice so requires, the Court may continue the matter set for hearing for a period of 14 days to allow the parties to provide any additional information required by the Morgan County Child Support Enforcement Agency, or to allow calculations of support, pursuant to law.
Page 6 | Child Support Enforcement and Modification
A scheduled trial or hearing may not be continued solely because the out-of-state attorney is unavailable or inconvenienced.
The continuance of any scheduled trial or hearing date shall not be permitted solely because of the unavailability or inconvenience of the out-of-state attorney.
Page 8 | LOC.R. 6.01 PRO HAC VICE (ADMISSION FOR A CASE)
Unless the Court moves for a continuance, the requesting party must show reasonable notice to or consent by the adverse party or counsel; failure to object within a reasonable time after notice counts as consent.
Except on motion of the Court, no continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the adverse party or party's counsel. Failure to object to the continuance within a reasonable time after receiving notice shall be considered consent to the continuance.
Page 22 | LOC.R. 56.2 PROCEDURE
Continuance requests generally must be made by written motion stating the date and reasons, with specified accompanying materials; an on-the-record request in open court is an exception, and the judge retains discretion to grant or deny the request.
Every request for a continuance shall be by written motion, unless made on the record in open court. The motion shall set forth the date from which a continuance is requested and the reasons for continuance. Attorneys submitting motions for continuance shall accompany them with an entry providing blanks for the new trial of hearing time and date. If a continuation is requested due to a prior set hearing in another court, a copy of the notice of such hearing shall accompany said motion. This rule does not restrict the judge's exercise of discretion in granting or denying continuance.
Page 9 | 9.00 REQUEST FOR CONTINUANCE
An application to continue a pretrial conference must be addressed to the judge assigned to the case.
Any application f or continuance of the conference shall be addressed to the Judge to whom the case has been assigned.
Page 13
A party seeking a continuance of a trial or hearing must submit a written motion stating the reason.
No party shall be granted a continuance of a trial or hearing without a written motion from the party or his counsel stating the reason for the continuance.
Page 13 | Continuances
A continuance generally requires proof of reasonable notice to or consent from the adverse party or counsel; failure to object within a reasonable time after notice counts as consent, but the Court may move for a continuance itself.
Except on motion of the Court, no continuance shall be granted in the absence of proof of reasonable notice to, or consent by, the adverse party or party’s counsel. Failure to object to the continuance within a reasonable time after receiving notice shall be considered consent to the continuance.
Page 22 | LOC.R. 56.2 PROCEDURE
Only one extension may be granted without a hearing unless good cause is shown.
(A) Only one (1) extension of time may be granted without a hearing, unless good cause is otherwise shown.
Page 36 | LOC.R. 64.3 EXTENSIONS FOR FILING AN ACCOUNT
The Court may continue a child-support enforcement or modification hearing for 14 days when the interests of justice require it, to allow additional information or support calculations.
If the interest of justice so requires, the Court may continue the matter set for hearing for a period of 14 cays to allow the parties to provide any additional information required by the Morgan County Child Support Enfo=cement Agency, or to allow calculations of support, pursuant to law.
Page 7 | Rule 3 — Caseflow Management Program — General Division — Civil Cases
Reasonable continuances may be granted in domestic violence and other domestic cases, but the cases may not be continued beyond three months from their original filing.
Reasonable continuances may be granted, but in no event will cases of this nature be continued beyond 3 months from the cate of their original filing.
Page 8 | Rule 3 — Caseflow Management Program — General Division — Civil Cases
Chambers Communication Rules
Anyone requesting a copy of a proceeding must notify the Bailiff, who must promptly reproduce it on audio tape or, if it was recorded on video, video tape.
Any party- or non-party requesting a copy of the proceeding will notify the Bailiff who shall forthwith reproduce a copy of the proceeding on an audio tape or video tape if said proceeding was recorded on video.
Page 14 | G. Request of Proceedings, 3. Copies of Proceedings
A party seeking a stenographic record must arrange for a court reporter and advise the Court at least 72 hours before the hearing.
Parties who desire to have a stenographic record of the proceedings must arrange for a court reporter and advise the Court at least seventy-two (72) hours prior to the scheduled hearing.
Page 11 | LOC.R. 11.1 RECORDING OF PROCEEDINGS
Parties and their counsel must advise the Court and mediation personnel of known past, current, or developing domestic violence allegations between people involved in the mediation.
All parties, and their counsel, shall advise the Court and the mediation personnel of any domestic violence allegations known to exist between the persons involved in the mediation in the past, currently, or which develop during the mediation.
Page 12 | LOC.R. 16.1 MEDIATION
Guardian complaints must be submitted in writing; an oral or telephone complaint will not be accepted or acted on, except that the Court may provide the address for written submission.
The Court will not accept or act upon an oral or telephonic complaint against a guardian, other than to provide the address to which to hand-deliver, fax, e-mail, or mail the written complaint.
Page 44 | LOC.R. 66.03(B) GUARDIAN COMMENTS AND COMPLAINTS
Attorneys must notify the Court by 3:00 p.m. two days before trial of any change in plea; otherwise, jury costs will be attached to the case.
All attorneys shall notify the court no later than 3: 00 p.m., two days preceding their trial of any change in plea or jury costs will be attached to their case.
Page 20 | 17.00 CASE MANAGEMENT IN CRIMINAL CASES
Counsel, parties, and other witnesses must not have contact with jurors.
Under no circumstances shall counsel, a party, or other witnesses, have a ny contact with jurors.
Page 32 | Jury Orientation
Counsel must notify the court if the proposed sale distribution will not fully pay the county treasurer's liens.
Counsel shall notify the court if the proposed distribution of the proceeds of the sale is not sufficient to pay the liens of the county treasurer.
Page 41 | Land Sales
A covered guardian must notify the Court of a change in name, address, telephone number, or email address within ten days of the change.
The guardian in such cases shall advise the Court of any change in the guardian's name, address, telephone number and electronic mail address within ten days of the change occurring.
Page 46 | LOC.R. 66.05(B) GUARDIAN WITH TEN OR MORE ADULT WARDS
A guardian must obtain prior Court approval before moving the ward out of Morgan County or into a more restrictive setting, unless waiting for authorization would affect the ward’s health and safety.
The guardian shall not move the ward from Morgan County, Ohio or into a more restrictive setting without prior Court approval, unless a delay in obtaining authorization for the change of residence or setting would affect the health and safety of the ward.
Page 47 | LOC.R. 66.08 GENERAL RESPONSIBILITIES OF THE GUARDIAN TO THE COURT
A guardian must notify the Court of an address change for the guardian or ward within ten days; when the ward’s residence changes, the reason should be stated.
A guardian appointed by this Court shall inform the Court as to any change of address for either the guardian or the ward. See Loc. F. 66.08A. This notification must be made within ten (10) days of the address change. If the ward's residence is changed, the reason for the change should be indicated. Failure to notify the Court, under this rule, may result in the guardian being removed and/or the guardian's compensation being reduced or denied.
Page 47 | LOC.R. 66.08 GENERAL RESPONSIBILITIES OF THE GUARDIAN TO THE COURT
A guardian who learns of allegations of abuse, neglect, or exploitation must immediately report them to the appropriate law enforcement authorities and the Court.
If the guardian becomes aware of allegations of abuse, neglect or exploitation of the ward, the guardian shall immediately report the same to the appropriate law enforcement authorities and the Court.
Page 47 | LOC.R. 66.08 GENERAL RESPONSIBILITIES OF THE GUARDIAN TO THE COURT
A guardian who is not related to the ward by blood or marriage must obtain Court approval before delivering direct services to the ward.
Unless a guardian is related to the ward by consanguinity (a blood relationship) or affinity (kinship by marriage), the guardian shall not deliver the ward direct services, as defined in Sup.R. 66.0l(B), without approval of this Court.
Page 48 | LOC.R. 66.09 GENERAL RESPONSIBILITIES OF THE GUARDIAN TO THE WARD
A guardian must disclose all conflicts to the Court clearly and unequivocally.
The guardian shall disclose all conflicts to the Court in a clear and unequivocal manner.
Page 48 | LOC.R. 66.08 GENERAL RESPONSIBILITIES OF THE GUARDIAN TO THE COURT
A guardian generally must seek the Court’s prior approval before filing a suit for the ward, except when filing the suit in this Court.
While a guardian is generally required to seek prior approval of this Court before filing a suit for the ward, prior approval shall not be required when the suit is being filed in this Court.
Page 48 | LOC.R. 66.08 GENERAL RESPONSIBILITIES OF THE GUARDIAN TO THE COURT
With advance notice, an applicant may be allowed to listen to a recording unless the proceeding is closed to the public by law or court order.
With advance notice, the Court may allow the applicant to listen to a copy of an audio and/or electronic recording, unless the proceeding is otherwise closed to the public by applicable law or order.
Page 11 | LOC.R. 11.1 RECORDING OF PROCEEDINGS
Upon request to the deputy clerk, petitioners' counsel may read the report before the hearing; copies may be obtained only after the hearing and with the Judge's approval.
The report shall be made available to counsel for the petitioner(s) to read prior to the hearing, upon request to the deputy clerk, however copies may be obtained only after the hearing and only with the approval of the Judge.
Page 64 | LOC.R. 75.2 ADOPTIONS
The Court should be consulted in advance to obtain current court cost deposit information.
The Court should be consulted in advance for current deposit information.
Page 64 | LOC.R. 75.2 ADOPTIONS
The fiduciary must immediately notify the Probate Court of any address change.
If l change my address, I shall immediately notify the Probate Court.
Page 71 | FIDUCIARY'S ACCEPTANCE
Court notices, communications, and documents required to be served are sent to the designated trial attorney.
All notices and communications from the court and all documents required to be served will be sent to the designated trial attorney.
Page 11 | 15.00 TRIAL ATTORNEY
As soon as possible after discovering an error, the filing party should contact the Court with the case number and document number for which a correction is requested.
As soon as possible, after the error has been discovered, the filing party should contact the Court with the case number and document number for which the correction is being requested.
Page 27 | 15
Unresolved trial issues must be brought to the court’s attention before orientation is completed.
All u n resolved trial issues must be brought to the attention of the cou rt before the completion of orientation .
Page 31 | Jury Management Plan Local Rule
Case-related communications between the judge and jury panel must be written or made on the record in open court, and counsel must be informed and given an opportunity to be heard.
After o rientation , all commun ications, regard ing the case being tried , between the judge and the members of the jury panel, from the time of reporting to the co urt through d is missal, shall be com mitted to writi ng or placed on the record i n open court. Cou nsel for each party shall be informed of any communication and shall be g iven the opportu nity to be heard as to such com m u nication.
Page 32 | Jury Orientation
The Court should be consulted in advance to obtain current court-cost deposit information.
The Court should be consulted in advance for current deposit information.
Page 64 | LOC.R. 75.2 ADOPTIONS