Ottawa County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The Court may, in its discretion, continue a case to accommodate scheduled leave.
- With leave of court, a party may obtain one or more extensions of up to 30 days each to move, plead, or answer; each written motion must state the number of prior extensions granted, and the remaining requirement is cut off in the source.
- Oral continuance requests are not considered or granted, except during hearings or for other good cause shown.
- +12 more
Request must include
- Continuance requests must be written, include verification that other counsel or pro se parties were contacted and do not object, state the reasons, and be filed at least 14 days before the hearing; proof of a prior court assignment is required when that is the reason, and the 14-day period may be waived for good cause.
- A continuance requires a written motion and good cause, generally must be requested at least seven days before the court date, and must include the scheduled hearing date; a scheduling-conflict request must attach the conflicting notice.
- Counsel entering an appearance fewer than seven days before a scheduled hearing must comply with the continuance rule.
- Continuance applications for hearings, pre-trials, and trials must be submitted to the Court and sent to the adverse party or counsel at least 7 days before the scheduled event, unless there is an emergency or the Court deems cause sufficient.
- +1 more
Communication
Phone
Fax
Page & Word Limits2 rules
Facsimile filings shall not exceed ten (10) pages in length including attached exhibits.
Fax Filing
10 pages
(2) Documents must be no longer than fifteen (15) pages.
Fax Document
15 pages
Document Format Requirements18 rules
All motions, unless made during a hearing or trial, shall be made in writing in accordance with Juvenile Rule 19 and Juvenile Rule 22, unless otherwise permitted by the Court.
All documents must be typed or legibly printed on 8 ½ by 11-inch paper.
All pleadings, motions and memoranda filed or submitted by facsimile (if permitted) with the Court shall have a top margin of at least one and one-half inches and contain the following information:
(B) Such forms shall be in the same format as those provided by the Court.
(A) Such forms shall comply with the provisions of Rule 51 and Rule 52 of the Rules of Superintendence for the Probate Division of the Court of Common Pleas.
All printed material shall be in the same words, sequence and location on the page as the standard probate form.
(E) All forms pertaining to adoption shall be typewritten.
The individual presenting forms to the Court shall be responsible to ensure that such forms are in full compliance with the Rules of Superintendence and the Local Rules of the Court.
In the event of multiple page forms or two-sided forms, the printed materials shall be on the same side or same page as the standard probate form.
Any interlineated information shall be in typeface or written legibly in ink.
(A) All filings, except wills and certificate of death, shall be on eight and one-half by eleven-inch paper, without backings, of stock that can be microfilmed.
(E) All pleadings, motions or other filings are to be typed or printed in ink and correctly captioned. Filings that are illegible may be refused.
Such ticket shall conform in all substantive respects, including layout and content, to the “Ohio Uniform Traffic Ticket,” except that standards for the color and weight of paper and method of binding shall not apply.
Each instruction should be set forth on a separate page.
Videotaped objections shall additionally be time-marked at the beginning and end of each objection.
(D) The Court may reject forms that deviate from the format of the Standard Probate Forms provided by the Court. Such forms may be rejected prior to filing or stricken from the record upon discovery.
A true copy certified by the attorney or a photostatic copy of the original evidence of title may be filed with the Clerk in lieu of such original.
Forms may be filled out in longhand or typed.
Document Filing Requirements177 rules
All motions shall state with particularity the grounds and shall clearly state the relief or order sought.
DocumentMotion
A litigant claiming inability to prepay or secure costs must complete and file the required Affidavit of Poverty with the pleadings, and the Court may review it at any stage.
If a litigant claims inability to either pre-pay or give security for costs, the litigant shall complete an Affidavit of Poverty required by O. R. C. § 2323.30 and O. R. C. § 2323.31, substantiating such inability, all of which shall be filed with the pleadings and treated as other papers in such case, and be subject to review by the Court at any stage of the proceedings.
DocumentPleadings
A party fax-filing a signed source document must fax either the signed document or an unsigned copy marked “/s/” followed by the signer's name where the signature would appear.
A party who wishes to file a signed source document by fax shall either: (a) fax a copy of the signed source document; or (b) fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.
DocumentSigned Fax Filing
A fax filing must include a cover page with the specified court, case, document, transmission, page-count, and filer information.
The person filing a document by fax shall also provide therewith a cover page containing the following information (see Appendix 1): (a) Name of the Court; (b) Title of the case; (c) The case number; (d) Title of the document being filed (e.g. Complaint for Custody, Motion to Modify Support); (e) Date of transmission; (f) Transmitting fax number; (g) Number of pages in the transmission, including the cover page; (h) Name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document, if available.
DocumentFax Filing
A separately filed missing exhibit must have a cover sheet with the specified case and exhibit information and must be signed and served under the rules governing pleadings.
Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the Court, title of the case, the case number, name of the judge and the title of the exhibit being filed and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.
DocumentMissing Exhibit Filing
Each exhibit to a facsimile-produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.
DocumentFax Filing
Applications for fees which are greater than the maximum allowed by the Ottawa County Fee Schedule for Assigned Counsel must be accompanied by a Motion for Extraordinary Fees and a proposed Judgment Entry.
DocumentApplication For Assigned-Counsel Fees Above The Maximum Allowed By The Ottawa County Fee Schedule
A motion to withdraw must state the grounds for withdrawal and the required client and opposing-counsel notice or notification efforts.
An attorney seeking to withdraw as counsel of record shall timely file a written motion stating the grounds for withdrawing from the case; that the attorney has notified or made every possible attempt to notify the client of the intended action, the subsequent hearing dates, and the necessity of the client’s appearance at such hearings; and that the attorney has notified opposing counsel of the intended action.
DocumentMotion To Withdraw As Counsel
An Order of Appointment must state the guardian’s appointment capacity, when the appointment ends, and the guardian’s entitlement to notice and case documents.
(1) When appointing a guardian ad litem under this rule the court shall enter an Order of Appointment which shall include: (a) A statement regarding whether a person is being appointed as a guardian ad litem only or as a guardian ad litem and attorney for the child. (b) A statement that the appointment shall remain in effect until discharged by order of the court, by the court filing a final order in the case or by court rule. (c) A statement that the guardian ad litem shall be given notice of all hearings and proceedings and shall be provided a copy of all pleadings, motions, notices and other documents filed in the case.
DocumentOrder Of Appointment
A guardian ad litem must prepare a written final report with recommendations and detail the listed activities and information considered.
A guardian ad litem shall prepare a written final report, including recommendations to the court, within the times set forth in this division. The report shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted and all other relevant information considered by the guardian ad litem in reaching the guardian ad litem’s recommendations and in accomplishing the duties required by statute, by court rule, and in the court’s Order of Appointment.
DocumentGuardian Ad Litem Final Report
Said motions shall be accompanied by a proposed judgment entry ordering the reassignment of said case in the event the motion is granted.
DocumentMotion For Continuance
Original actions shall be initiated by sworn complaint.
DocumentComplaint
A completed copy of each listed document must be filed with the complaint or motion.
A completed copy of the following documents must be filed with the complaint or motion: (a) Information for Parenting Proceeding (see Appendix 2, JC-1) (b) Affidavit of General Information (see Appendix 3, JC-2)
DocumentComplaint Or Motion
Upon Plaintiff’s filing of a Complaint, Plaintiff is deemed to have notice of and be bound by the MUTUAL RESTRAINING ORDER. Plaintiff shall acknowledge receipt of a copy of the MUTUAL RESTRAINING ORDER on this Court’s standard form JC-1.
DocumentForm JC-1
[NOTE: This will require an affirmative statement on the parenting affidavit that the Plaintiff has received the MUTUAL RESTRAINING ORDER.]
DocumentParenting Affidavit
A. Name, address, telephone number, Supreme Court number and email address of counsel. B. The name of the Judge and/or Magistrate to whom the case is assigned. C. The case number.
DocumentPleading, Motion, Or Memorandum
The name of the attorney preparing a judgment entry shall appear in the caption of the Entry.
DocumentJudgment Entry
The caption of the first pleading in which or after which a new party is added must state that party’s name and address.
When a new party plaintiff or defendant is added to a case after the commencement thereof, the caption of the first pleading in which or after which such new party is added shall contain the name and address of the new party.
DocumentPleading
All Motions and other pleadings requiring a court ruling shall be accompanied by a proposed judgment entry or order not attached to the motion/pleading, and a signature line with "Judge/Magistrate" thereunder.
DocumentMotion Or Pleading
D. Current address of all parties to the action on original pleadings and final judgment entries. (All post-judgment motions shall be considered an original pleading for purposes of this rule).
Counsel shall file with the Clerk, written notice of any change of address for counsel or parties.
DocumentNotice Of Address Change
Every FAX filing must include a coversheet containing the specified court, case, transmission, filer, and cost information.
C. A Facsimile Coversheet must accompany all FAX filings. The coversheet must contain the following: 1. the name of the court; 2. the title of the case; 3. the case number; 4. the assigned judge; 5. the title of the document being sent 6. the date of the transmission; 7. the transmitting fax number; 8. an indication of the number of pages included in the transmission, including the cover page; 9. if a judge or case number has not been assigned, state that fact on the cover page; 10. the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and 11. if applicable, a statement explaining how costs are being submitted.
DocumentFax Filing
A separate Judgment Entry/Order must be provided with each motion.
DocumentMotion
A motion seeking relief under Civil Rule 26(c) or 37 concerning specified discovery must be filed with copies of the disputed portions of the discovery documents.
If relief is sought under Civ. R. 26(c) or Civ. R. 37 concerning any interrogatories, requests for production or inspection and requests for admissions, copies of the portions of such documents which are in dispute shall be filed with the Court contemporaneously with any motion filed.
DocumentMotion
Each continuance request must include a judgment entry/order with spaces for the new date and time, denial, and a Judge/Magistrate signature.
All requests for continuance shall be accompanied by an appropriate judgment entry/order with a blank space for the Court to fill in the new date/time, a space to deny the motion and a signature line with "Judge/Magistrate" thereunder.
DocumentContinuance Motion
Said party shall file with the Court a notice that same were served upon the opposing counsel or party.
DocumentDiscovery Service Notice
The party responding shall file with the Court a certification that answers have been served on the adverse party.
DocumentDiscovery Response
The party filing the tape/recording shall also file contemporaneously therewith a Notice of the party's intent to use same at trial with a list of all objections within the transcript, including citation to the page and line of the objection.
DocumentNotice Of Intent To Use Deposition At Trial
No attorney shall be permitted to withdraw in a pending case without good cause shown.
An attorney may withdraw in a pending case where he/she or the substituting attorney files a notice of substitution of counsel identifying the name, Supreme Court registration number, address, telephone number and email address of the attorney substituting his/her appearance.
DocumentNotice Of Substitution Of Counsel
The attorney seeking to withdraw shall file a motion citing the cause for seeking to withdraw and shall attach a certificate of service to all opposing counsel and the withdrawing attorney's client with instructions to the client for obtaining his/her file.
When the adverse party does not sign, return, or file the entry after ten days, the preparing party must submit it to the Court and note on the signature line when and how it was presented.
If the entry is presented to the adverse party as in section 18.01 above, and the adverse party fails to sign, return and/or file the entry after ten (10) days, the party who prepared the entry shall submit the entry to the Court and shall indicate on the signature line when the entry was presented to the adverse party and the manner of presentment.
DocumentJournal Entry
For a Civil Rule 52 request, the requesting party must submit proposed findings and conclusions and serve copies within seven days after notice of the decision; each opposing party must submit its proposed statement within seven days after receiving the requester's statement.
When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, the party requesting such statement shall, within seven (7) days after the receipt of notice of the Court's decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof to all opposing parties or their counsel. Within seven (7) days after receipt of such proposed statement each opposing party shall submit to the Court a proposed statement of findings of fact and conclusions of law.
DocumentProposed Findings Conclusions
Original actions and refiled actions shall be accompanied by a completed case designation sheet. (See Appendix – Form 2). The attorney/party filing the action is responsible for choosing the appropriate designation.
DocumentOriginal Action
d. Request for Jury View. A request for a jury view shall be in writing and filed with the Court fourteen (14) days before trial.
DocumentJury View Request
The party filing the motion shall file with it and cause to be served on the opposing party(s), supporting affidavits, depositions, exhibits and documentation and a memorandum of authorities in support of the motion.
DocumentMotion
Motions for Default Judgment must be accompanied by an Affidavit and must comply with Civ. R. 55.
DocumentMotion
3. Have any stipulations reduced to writing and filed with the Court;
DocumentStipulations
At the pretrial, counsel shall cooperate to complete a Criminal Pretrial Order and present it to the Court for review.
DocumentCriminal Pretrial Order
At the final pretrial, counsel shall cooperate to either complete a Criminal Final Pretrial Order (Case Resolved) or proceed to trial.
DocumentCriminal Final Pretrial Order
A request for a jury view shall be in writing and filed with the Court with the required fee, which will be applied to transportation costs.
DocumentJury View Request
Any party filing a motion to continue or a motion to modify bond, shall note on the motion, whether the opposing party is in agreement or objects to the motion.
DocumentMotion
A CQE petition must be filed with the Clerk of Courts and must include the DRC electronic petition number and printed receipt if filed through the DRC, or the prescribed written petition form if not filed electronically through the DRC.
1. In order to request a CQE, the Petition for Certificate of Qualification for Employment pursuant to RC 2953.25 shall be filed with the Clerk of Courts by the Petitioner. The Petitioner shall provide the DRC Electronic Petition Number and attach a printed receipt of electronic Petition if submitted through the DRC. If not submitted electronically through the DRC, a written Petition must be completed on the form prescribed by the DRC and attached to the pleading.
DocumentPetition For Certificate Of Qualification For Employment
A motion for Intervention in Lieu of Conviction must be supported by a memorandum outlining the defendant’s appropriateness for intervention.
Upon Application for participation in the Prosecutor's Pretrial Diversion Programs or a Motion for Intervention in Lieu of Conviction supported by a memorandum outlining Defendant's appropriateness for Intervention, the Court shall issue an Order directing Defendant to report to the Adult Probation Department to execute/obtain necessary documentation to determine eligibility.
DocumentMotion Intervention In Lieu Of Conviction
2. All Petitions submitted through the DRC shall be accompanied by the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).
DocumentPetition For Certificate Of Qualification For Employment
Indigent defendants requesting court-appointed counsel shall complete a Financial Disclosure/Affidavit of Indigency and shall pay all statutory fees prior to appointment of counsel.
DocumentRequest For Court-Appointed Counsel
Counsel shall attach a copy of defendant's Financial Disclosure/Affidavit of Indigency to the Motion, Entry, and Certification for Appointed Counsel Fees.
DocumentMotion Entry Certification For Appointed Counsel Fees
Motions shall be accompanied by a detailed explanation of dates services were provided, the amount of time for each service and a description of the service provided.
DocumentMotion For Extraordinary Fees
Immediately upon the entering of any judgment the attorney who represents the judgment creditor shall furnish a copy of the judgment entry and a copy thereof for each defendant to the Clerk of this Court, together with the original warrant.
DocumentCognovit Judgment Entry
To commence a divorce case, file the listed documents with the Clerk of Courts, including an additional DR-1 copy for CSEA and applicable temporary-orders and child-support documents.
1. A divorce case shall be commenced by the filing of the following documents with the Clerk of Courts: (a) Complaint; (b) Court Affidavit (DR-1) (one additional copy for CSEA); (c) Affidavit of Income, Monthly Expenses and Financial Disclosure (DR-2); (d) Motion for Temporary Orders with attached affidavit, if applicable; (e) Child Support Worksheet, if applicable.
DocumentDivorce Case
Filing & Service rules
Electronic Filing Rules
Fax filing is not accepted for pleadings requiring an accompanying filing fee, pleadings exceeding 10 pages including exhibits, or parents’ signatures on consents to wed.
The following documents will not be accepted for fax filing: (1) any pleading which requires an accompanying filing fee; (2) any pleading that exceeds ten (10) pages, including attached exhibits; (3) parents’ signatures on consents to wed; and
Page 8 | Rule 14.2 Applicability
A pleading exceeding 10 pages, including attached exhibits, will not be accepted for fax filing.
any pleading that exceeds ten (10) pages, including attached exhibits;
Page 8 | Rule 14.2 Applicability
A fax-filed document is accepted as the effective original filing.
A document filed by fax shall be accepted as the effective original filing.
Page 9 | 14.3 Original Filing
FAX documents must be sent to 419-734-6875.
A. All FAX documents shall be sent to the following number: 419-734-6875
Page 13 | 9.01 General
Pleadings other than initial filings may be filed with the Court by facsimile, subject to the stated requirements.
All pleadings, except initial filings, may be filed with the Court by facsimile transmission subject to the following provisions:
Page 13 | 9.01 General
The sending party bears all risks of fax transmission, and fax users are urged to verify that the Court received the document.
(5) The risks of transmitting a document by fax to the Court shall be borne entirely by the sending party. Anyone using facsimile is urged to verify receipt by the Court.
Page 11 | LOCAL RULE 57.1 FACSIMILE FILINGS
Pleadings and other papers may be filed with the Court by fax, subject to the stated conditions.
(A) All pleadings and other papers may be filed with the Court by facsimile transmission (FAX) subject to the following provisions:
Page 11 | LOCAL RULE 57.1 FACSIMILE FILINGS
The Court authorizes the use and filing of computer- or electronically produced traffic tickets.
The use and filing of a traffic ticket that is produced by computer or other electronic means is authorized in the Ottawa County Juvenile Court.
Page 25 | Rule 27. Use of Electronically Produced Ticket.
A FAX document and its signature are accepted as originals under Civil Rule 5(E), and no additional paperwork is required.
B. A FAX document will be accepted as original and the signature accepted as original consistent with Civil Rule 5(E). No additional paperwork need be filed.
Page 13 | 9.01 General
Filing Timing and Cure Windows
A fax document sent to the Juvenile Court without the required cover-page information will not be filed.
If a document is sent by fax to the Juvenile Court, without the cover page information listed above, the document will not be filed.
Page 9 | 14.4 Cover Page
An accepted fax filing is deemed filed when the Clerk time-stamps receipt, not when it was transmitted.
All documents sent by fax and accepted by the Clerk shall be considered filed with the Juvenile Court as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission.
Page 10 | 14.7 Time of Filing
Unless the Court orders otherwise, a missing exhibit must be filed as a separate document within five Court days after the fax filing.
Unless the Court otherwise orders, the missing exhibit shall be filed with the Court, as a separate document, not later than five (5) Court days following the filing of the facsimile document.
Page 10 | 14.6 Exhibits
In juvenile abuse, neglect, and dependency cases and parental-rights termination actions, the final report must be filed and available for inspection at least seven days before the dispositional hearing, unless all parties waive the deadline or the court extends it; a copy must be provided at the hearing.
Unless waived by all parties or unless the due date is extended by the court, the final report shall be filed with the court and made available to the parties for inspection no less than seven days before the dispositional hearing. Written reports maybe accessed in person or by phone by the parties or their legal representatives. A copy shall be provided to the court at the hearing.
Page 20 | (F)(1)(c) Reports of guardians ad litem
A written interim report must be filed and available for inspection at least seven days before a hearing, unless the court extends the deadline, and a copy must be provided to the court at the hearing.
Any written interim report shall be filed with the court and made available to the parties for inspection no less than seven days before a hearing, unless the due date is extended by the court. Written reports may be accessed in person or by phone by the parties or their legal representatives. A copy of the interim report shall be provided to the court at the hearing.
Page 20 | (F)(1)(f) Reports of guardians ad litem
The opposing party has 7 days to approve or reject the judgment entry.
The opposing party shall have 7 days in which to approve or reject the judgment entry.
Page 24 | Rule 26. Judgment Entries
When ordered, a party must prepare and submit a proper judgment entry to the opposing party within 14 days, unless the Court extends the time.
When so ordered, the party shall prepare a proper judgment entry and submit it to the opposing party within 14 days, unless the time is extended by the Court.
Page 24 | Rule 26. Judgment Entries
If the opposing party takes no action within 7 days, the preparer must submit the entry marked “Submitted but not returned”.
If the opposing party fails to take any action on the judgment entry within 7 days, the preparer shall submit the entry with the notation, “Submitted but not returned”.
Page 24 | Rule 26. Judgment Entries
A juvenile or parent disputing the restitution amount must submit a written request for a hearing limited to that issue within 30 days of notice.
If the juvenile and/or parent seeks to dispute the amount, the juvenile and/or parent must submit a written request for a hearing on that issue alone within 30 days of the notice.
Page 27 | Rule 30. Restitution
The Clerk must promptly review security-for-costs payments, notify the filer of any deficiency by telephone during regular Court hours, docket a deficiency notice, hold the pleadings for three business days, and return them by ordinary U.S. mail if the required security is not tendered.
The Clerk shall, immediately upon receipt of a civil action, proceeding or pleading which requires security for costs, determine if the correct amount of security for costs has been tendered with the pleading(s). If the appropriate amount of security for costs has not been tendered, the Clerk shall, immediately notify the person tendering the pleading(s) of the deficiency via telephone during regular Court hours. The Clerk shall note on the docket a Notice of Filing Deficiency. The Clerk shall hold the pleading(s) for three business days, for receipt of the security for costs. If after three days, the appropriate security for costs has not been tendered, the Clerk shall immediately return the pleadings(s) to the sender via ordinary U.S. mail service. The Clerk shall keep accurate records of all action taken under this section.
Page 9 | 5.02 Failure to submit security for costs; Inadequate security for costs
The prescribed Rule Day for pleadings and deadlines to answer interrogatories and requests for admissions or production are strictly enforced.
Civil Rule 12, prescribing Rule Day for pleadings, and the time periods designated for answering interrogatories, requests for admissions and requests for production shall be strictly enforced.
Page 14 | 11.02 Leave to Move, Plead or Answer
When deposition materials will be used at trial, the recording and accompanying transcript must be filed with the Clerk no later than seven days before trial.
If depositions are to be used at trial, the tape/recording and accompanying transcript(s) must be filed with the Clerk of Court no later than seven (7) days prior to trial.
Page 17 | 14.04 Use at Trial
A motion to withdraw must be filed no later than seven days before the next scheduled hearing.
Said motion shall be filed no later than seven (7) days prior to the next scheduled hearing.
Page 18 | 17.01 Withdrawal of Counsel
b. Objections to Depositions to be used at trial.
b. Objections to Depositions to be used at trial.
Page 21 | D. Trial
Unless the Case Management Conference Order provides otherwise, pretrial motions, including motions in limine, must be filed at least fourteen days before trial.
In addition, unless the Case Management Conference Order states otherwise, parties must adhere to the following deadlines, 1. The following pleadings shall be filed no later than fourteen (14) days prior to the date of the trial: a. Pretrial Motions including motions in limine.
Page 21 | D. Trial
Counsel for any party may file additional instructions for the view, provided they are in writing and served, so that they are actually received by opposing counsel and filed with the Court not later than noon on the day before trial.
Counsel for any party may file additional instructions for the view, provided they are in writing and served, so that they are actually received by opposing counsel and filed with the Court not later than noon on the day before trial.
Page 22 | D. Trial
Instructions for the view shall be in writing, served on opposing counsel and filed with the Court fourteen (14) days before trial.
Instructions for the view shall be in writing, served on opposing counsel and filed with the Court fourteen (14) days before trial.
Page 22 | D. Trial
Responding briefs must be filed with the Court by noon on the Friday immediately before trial; noncompliance may constitute waiver.
Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than noon the Friday immediately before trial. FAILURE TO COMPLY MAY CONSTITUTE A WAIVER.
Page 22 | D. Trial
A written jury-view request must be filed with the Court fourteen days before trial.
d. Request for Jury View. A request for a jury view shall be in writing and filed with the Court fourteen (14) days before trial.
Page 22 | D. Trial
Original exhibits, except rebuttal exhibits, must be marked and delivered by the stated pretrial deadline to the Staff Attorney in bench trials or opposing counsel in jury trials; the excerpt ends before completing the deadline.
The following shall be delivered to the Staff Attorney (for Bench Trials) or Opposing Counsel (for Jury Trials) no later than 4:00 p.m. the Friday immediately prior to commencement of trial: a. Original Exhibits. Original Exhibits, except rebuttal exhibits, shall be marked and delivered as outlined above, no later than four
Page 22 | D. Trial
Requested jury instructions, interrogatories, and verdict forms must be filed with the Court fourteen days before trial.
e. Jury Instructions/Interrogatories. Request Jury Instruction, Interrogatories and Verdict Forms shall be served on opposing counsel and filed with the Court fourteen (14) days before trial.
Page 22 | D. Trial
Any trial briefs must be filed with the Court fourteen days before trial.
c. Trial Briefs. Any trial briefs shall be filed with the Court fourteen (14) days before trial.
Page 22 | D. Trial
A request to appear by telephone at a civil pretrial, case management conference, or other hearing will be summarily denied if filed less than seven days before the hearing, absent demonstrated extraordinary circumstances.
Any motion/request to attend a pretrial, case management conference or other hearing in any civil case by telephone will be summarily denied if filed less than 7 days prior to the scheduled hearing, unless extraordinary circumstances can be demonstrated.
Page 23 | 20.03 Appearance by Telephone
The moving party may file and serve a reply memorandum of authorities no later than seven days after the opposition memorandum is filed.
The moving party may file with the Court and cause to be served upon the opposing party(s) a Reply memorandum of authorities not later than 7 days after the filing of the Memorandum in Opposition.
Page 24 | 20.05 Civil Motions and Hearings; B. Motions for Summary Judgment
Not later than 14 days thereafter, the opposing party(s) shall file with the Court and cause to be served upon the moving party, a Memorandum in Opposition with opposing affidavits, depositions, exhibits and documentation and a memorandum of authorities opposing the motion.
Not later than 14 days thereafter, the opposing party(s) shall file with the Court and cause to be served upon the moving party, a Memorandum in Opposition with opposing affidavits, depositions, exhibits and documentation and a memorandum of authorities opposing the motion.
Page 24 | 20.05 Civil Motions and Hearings; B. Motions for Summary Judgment
Motions in limine, deposition objections to be used at trial, and supporting briefs must be served on opposing counsel and filed with the Court five days before trial.
Motions in Limine and Objections in Depositions to be used in trial and briefs in support shall be served on opposing counsel and filed with the Court five (5) days before trial.
Page 28 | E. Trial — 1. Motions in Limine
Responding briefs must be actually received by opposing counsel and filed with the Court no later than the Friday before trial.
Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than the Friday before trial.
Page 28 | E. Trial — 1. Motions in Limine
Jury instructions and interrogatories must be served on opposing counsel and filed with the Court no later than the final pretrial.
Jury Instructions and Interrogatories shall be served on opposing counsel and filed with the Court no later than the final pretrial.
Page 28 | E. Trial — 5. Jury Instructions and Interrogatories
Motions for jury view must be filed at least 14 days before trial.
Motions for jury view shall be filed at least fourteen (14) days prior to trial.
Page 28 | E. Trial — 2. Jury View
Jury-view instructions must be written, served on opposing counsel, and filed with the Court 14 days before trial.
Instructions for the view shall be in writing, served on opposing counsel and filed with the Court fourteen (14) days prior to trial.
Page 28 | E. Trial — 2. Jury View
Except for good cause, sentencing information the defendant wants considered must be received by the Court at least seven days before sentencing.
Except for good cause shown, all information that defendant would like considered at sentencing shall be received by the Court no later than seven days prior to sentencing.
Page 29 | F. Sentencing
Sentencing memoranda must be filed at least seven days before sentencing.
Any sentencing memoranda shall be filed no later than seven (7) days prior to sentencing.
Page 29 | F. Sentencing
A response to a criminal motion must be filed before the motion’s decisional date unless the court grants leave.
Without leave of court, any response to the motion must be filed prior to the date that motion is considered decisional.
Page 29 | G. Pretrial Motions
Service and Proof of Service Rules
Service by publication must be made by posting unless the Court orders otherwise.
Pursuant to Ohio Juvenile Rule 16(A), service by publication shall be made by posting, unless otherwise ordered by the Court.
Page 10 | Rule 15. Publication by Posting
A filer may not transmit service copies by fax.
The filer shall not transmit service copies by facsimile.
Page 10 | 14.9 Length of Document
Service by posting is complete upon the entry of posting.
Service shall be complete upon the entry of posting.
Page 11
If the Clerk receives a corrected or forwarding address during the seven-day posting period, the Clerk must mail the summons and accompanying pleadings to that address.
If the clerk is notified of a corrected or forwarding address of the party to be served within the seven-day period that notice is posted, the clerk shall cause the summons and accompanying pleadings to be mailed to the corrected or forwarded address.
Page 11
The Clerk must mail the summons and accompanying pleadings by ordinary mail with address correction requested and obtain a certificate of mailing.
The clerk shall cause the summons and accompanying pleadings to be mailed by ordinary mail, address correction requested, to the last known address of the party to be served and shall obtain a certificate of mailing.
Page 11
An attorney retained to represent a party must immediately file a written Entry of Appearance and provide a copy to other counsel of record and unrepresented parties.
Each attorney retained to represent a party in the Juvenile Court shall immediately file a written Entry of Appearance with the Court, and provide a copy of the Entry to all other counsel of record in the case and any unrepresented parties.
Page 11 | Rule 18. Counsel of Record
Motions for continuances must be served on all other parties.
All motions for continuances shall state the reasons for the request and shall be filed with the Clerk’s Office no later than 14 days before the hearing sought to be continued and served upon all other parties.
Page 21 | Rule 22. Continuances
The Clerk must attach the Mutual Restraining Order to the summons and serve both documents on Defendant simultaneously.
The Clerk of Courts shall attach a copy of the MUTUAL RESTRAINING ORDER to the summons so that both documents shall be served simultaneously upon Defendant.
Page 43 | Rule 37. Mutual Restraining Order
When a case is assigned to a Visiting Judge, the filing party must send the judge a copy of all pleadings by the judge’s preferred method, mail or email, and note the service in the certificate.
Where a case is assigned to a Visiting Judge, a copy of all pleadings shall be mailed or emailed (per the preference of the Visiting Judge) to the Visiting Judge, by the filing party. Said service shall be noted in the certificate of service.
Page 13 | 8.06 Certificate of Service
The Clerk must serve a date-stamped judgment entry on all parties who have appeared and their counsel forthwith.
The Clerk shall serve a date-stamped copy of the entry on all parties who have appeared, and their counsel, forthwith.
Page 13 | 8.03 Final Judgment Entries
Proof of service for filed pleadings and other writings must comply with Civil Rule 5, and each certificate must identify everyone served by name, address, and applicable email address.
Proof of service of all pleadings, motions briefs, memoranda or other writing filed with the Court shall be in accordance with Civ. R. 5. Each certificate of service shall state the name, address and email address (if applicable) of all persons served.
Page 13 | 8.06 Certificate of Service
The specified discovery requests must be served on opposing counsel or parties under the applicable rules and must not be filed with the Court.
Interrogatories under Civ. R. 33, Requests for Production or Inspection under Civ. R. 34 and Requests for Admissions under Civ. R. 36, shall be served upon opposing counsel or parties in accordance with such rules, but shall not be filed with the Court.
Page 16 | 13.02 Civil Cases
When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, the party requesting such statement shall, within seven (7) days after the receipt of notice of the Court's decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof to all opposing parties or their counsel.
When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, the party requesting such statement shall, within seven (7) days after the receipt of notice of the Court's decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof to all opposing parties or their counsel.
Page 20 | 18.06 Findings of Fact and Conclusions of Law
Responding briefs must be served so opposing counsel actually receives them and filed with the Court by noon on the Friday immediately before trial; noncompliance may constitute waiver.
Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than noon the Friday immediately before trial. FAILURE TO COMPLY MAY CONSTITUTE A WAIVER.
Page 22 | D. Trial
Instructions for the view shall be in writing, served on opposing counsel and filed with the Court fourteen (14) days before trial.
Instructions for the view shall be in writing, served on opposing counsel and filed with the Court fourteen (14) days before trial.
Page 22 | D. Trial
Requested jury instructions, interrogatories, and verdict forms must be served on opposing counsel and filed with the Court fourteen days before trial.
e. Jury Instructions/Interrogatories. Request Jury Instruction, Interrogatories and Verdict Forms shall be served on opposing counsel and filed with the Court fourteen (14) days before trial.
Page 22 | D. Trial
Any party’s counsel may file additional written jury-view instructions if they are served so opposing counsel actually receives them and they are filed by noon the day before trial.
Counsel for any party may file additional instructions for the view, provided they are in writing and served, so that they are actually received by opposing counsel and filed with the Court not later than noon on the day before trial.
Page 22 | D. Trial
Copies of exhibits must be served on opposing counsel by the day before trial.
Copies of exhibits shall be served on opposing counsel no later than the day before trial.
Page 23
A person granted permission to appear by telephone must contact every other attorney and self-represented litigant and give them the opportunity to participate by telephone.
Any attorney or self-represented litigants who is granted permission to appear via telephone must contact each and every other attorney/self-represented litigants, and provide him/her the opportunity to participate via telephone.
Page 24 | 20.03 Appearance by Telephone
For a temporary restraining order or other urgent-relief hearing, the moving party must notify the opposing party or counsel in a manner calculated to provide actual, timely notice under the Civil Rules.
The moving party shall contact the Assignment Commissioner to obtain the hearing date and time, and thereafter notify the opposing party or his counsel in an appropriate manner calculated to give actual, timely notice of the hearing pursuant to the Civil Rules.
Page 25 | C. Motions for temporary restraining order or for other urgent relief
The prosecutor must provide any plea offer to the defendant at least seven days before the pretrial conference.
The prosecutor shall provide a plea offer, if any, to the defendant at least seven (7) days prior to the pretrial conference.
Page 27 | C. Pretrial
Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than the Friday before trial.
Responding briefs shall be served so as to actually be received by opposing counsel and filed with the Court no later than the Friday before trial.
Page 28 | E. Trial — 1. Motions in Limine
Motions in limine, deposition objections to be used at trial, and supporting briefs must be served on opposing counsel five days before trial.
Motions in Limine and Objections in Depositions to be used in trial and briefs in support shall be served on opposing counsel and filed with the Court five (5) days before trial.
Page 28 | E. Trial — 1. Motions in Limine
Each party must serve opposing counsel with a copy of its proposed exhibits before trial.
A copy of each party's proposed exhibits shall be served on opposing counsel before trial.
Page 28 | E. Trial — 4. Exhibits
Except for rebuttal exhibits, counsel must mark and exchange exhibits no later than one-half hour before trial begins.
Exhibits, except rebuttal exhibits, shall be marked and exchanged by counsel not later than one half hour before trial commences.
Page 28 | E. Trial — 4. Exhibits
Jury-view instructions must be written and served on opposing counsel 14 days before trial.
Instructions for the view shall be in writing, served on opposing counsel and filed with the Court fourteen (14) days prior to trial.
Page 28 | E. Trial — 2. Jury View
Jury instructions and interrogatories must be served on opposing counsel no later than the final pretrial.
Jury Instructions and Interrogatories shall be served on opposing counsel and filed with the Court no later than the final pretrial.
Page 28 | E. Trial — 5. Jury Instructions and Interrogatories
The Clerk must send the identified notice to each court by ordinary U.S. mail.
Such Notice shall be sent via ordinary US mail.
Page 31
The Clerk must mail each defendant a copy of the judgment entry by registered or certified mail to the address in the complaint.
The Clerk shall notify the defendant or defendants by mailing a copy of the judgment entry by registered or certified mail at the address set forth in the complaint.
Page 33 | RULE 22 COGNOVIT JUDGMENTS
Post-conviction petitions must be served on opposing counsel.
Petitions shall be served on opposing counsel.
Page 33 | 21.03 Post conviction petitions
If the title evidence identifies necessary parties who are not defendants, the filing party’s attorney must promptly have those parties added and served.
Where the evidence of title indicates that necessary parties have not been made defendants, the attorney for the party filing the same shall proceed without delay to cause such new parties to be added and served.
Page 37 | 26.01 Preliminary Evidence of the State of the Record Title
Applications for compensation for receivers or their attorneys may be made only after prior notice to creditors and other interested persons as directed by the Court.
Applications for allowance of compensation to receivers or attorneys for receivers shall be made only upon prior notice to creditors and other persons in interest as the Court may direct.
Page 38 | 27.03 Compensation
Filing Fees and Waivers
A security deposit for costs is required when filing an original action, subject to the stated complaint and adult-criminal-action exceptions, and the amount is set by the Court’s fee schedule.
The Ottawa County Juvenile Court requires a security deposit for costs in the filing of any original action, except complaints alleging a child is delinquent, unruly, neglected, dependent, abused, or a juvenile traffic or tobacco offender and in criminal actions filed against adults. The amount of the security deposit will be established in the Court’s fee schedule.
Page 8 | Rule 12. Deposit of Costs
A party requesting a Guardian Ad Litem in a custody, parenting-time, or visitation proceeding must deposit $1,200 plus a 2% processing fee with the Clerk when filing the motion; the Court may reassign the fees to another party during or at the end of the proceedings.
Any party requesting appointment of a Guardian Ad Litem in a proceeding involving custody, parenting time or visitation shall, at the time of the filing of the motion, deposit with the Clerk the sum of $1,200.00, plus 2% processing fee, to be applied toward the satisfaction of the Guardian Ad Litem fees. The Court may reassess said fees to another party during and at the conclusion of the proceedings.
Page 8 | Rule 13. Deposit for Fees of Guardian Ad Litem
The Clerk will not accept a fax-filed document that requires a filing fee.
No document filed by facsimile requiring a filing fee shall be accepted by the Clerk.
Page 10 | 14.8 Fees and Costs
A party seeking appointment of a guardian ad litem in a custody, parenting-time, or visitation proceeding must deposit $1,200 plus a processing fee with the Clerk when filing the written motion, except in specified child-protection and juvenile cases.
Any party requesting appointment of a Guardian ad Litem in a proceeding involving custody, parenting time or visitation shall, at the time of filing of the written motion, deposit with the Clerk the sum of $1,200.00 plus processing fee, to be applied toward the satisfaction of the fees for the Guardian ad Litem. The assessment of the costs for the fees of Guardian ad Litem between the parties shall be made by the Court at the completion of the proceedings. No deposit for fees of Guardian ad Litem shall be required in cases alleging a child to be dependent, neglected, abused, unruly or delinquent.
Page 14 | Rule 21(C)(3), Appointment of guardian ad litem
In private custody or visitation cases, the party requesting appointment of a guardian ad litem must deposit $1,200 plus a 2% processing fee with the Clerk when filing the motion.
(a) In private custody/visitation cases, the party requesting appointment of a Guardian ad Litem shall, at the time of the filing of a motion, deposit with the Clerk the sum of $1,200.00, plus 2% processing fee.
Page 17
The initiating party must pay the filing fee when filing, subject to possible acceptance of an indigent party’s filing with supporting documentation; financial changes must be reported and the Court may order later payment.
The party initiating the action shall submit the filing fee at the time of filing. If the party is indigent and unable to pay the fee, the clerk may accept the filing if accompanied by an affidavit of indigence and some form of documentation in support of the affidavit such as payroll receipts, Social Security determinations, or public assistance determinations. The judge or magistrate shall review all affidavits of indigence. If a party’s financial status changes during the course of the proceedings, the party is under a duty to inform the Court. The Court may order subsequent payment of the filing fee.
Page 39 | 32.3 Filing Fee
Civil actions and proceedings generally require an advance security-for-costs deposit according to the Clerk’s published schedule before the Clerk accepts them for filing, subject to exceptions required or provided by law.
Except as otherwise required by law, no civil action or proceeding shall be accepted by the Clerk for filing unless the party or parties offering the same for filing shall have first deposited a sum to secure the payment of the costs that may accrue in such action or proceeding, except as otherwise provided by law. Such advance deposit shall be in accordance with the schedule approved by the Court and prepared and published by the Clerk from time to time.
Page 9 | 5.01 Security for Costs
When a case is transferred because a counterclaim exceeds the Municipal Court’s jurisdictional limit, the counterclaimant must deposit security for the counterclaim with the Clerk, with any transferred deposit credited toward it.
Upon the transfer of a case to this Court for the reason that a counterclaim is in excess of the Municipal Court's jurisdictional limit, the counterclaimant shall deposit with the Clerk a deposit for the counterclaim. Any deposit transferred to this Court from the transferring court shall be credited to the deposit to be filed with this Court.
Page 10 | 5.04 Transfers from Municipal Court
After a case is transferred from another court, parties are notified to pay outstanding complaint and counterclaim deposit balances within 30 days, and an unpaid complaint or counterclaim is subject to dismissal; transferred deposits are credited.
Upon the transfer of a case to this Court from another court a notice will be sent to parties to pay the balances owed on deposits for the complaint and any counterclaim within thirty (30) days and to inform them that if a party is delinquent, the complaint or counterclaim will be dismissed. After thirty (30) days, if the balance owed on deposits is not paid, the complaint or counterclaim for which the balance owed on deposits was not paid is subject to dismissal. Any deposit transferred to this Court from the transferring court shall be credited to the deposit to be filed in this Court.
Page 10 | 5.05 Transfers from other courts
When court-cost arrearages are written off, the Clerk must docket the amount and date of the write-off and file the death certificate or a certified copy in the record.
In the event the court cost arrearages are written off, the Clerk shall make an entry on the docket, reflecting the amount of the write off, the date of the write off and shall file in the record the death certificate or a certified copy of the death certificate.
Page 11 | 5.09 Court Cost Arrearage and Death of a Party
The Clerk of Court must collect court costs in accordance with R.C. 2335.18 et seq.
The Clerk of Court shall collect costs in accordance with R.C. 2335.18, et seq.
Page 11 | 5.08 Collection of Costs
For an accepted claim involving an insolvent estate, the Clerk must accept payment under R.C. 2117.25 as payment in full and write off any unpaid or deficient balance as provided by the rule.
2. If the claim is accepted by the executor or the administrator and the Clerk receives notice under R.C. 2117.17(A)(2) that the estate is insolvent as provided in R.C. 2117.15, the Clerk shall accept payment under R.C. 2117.25 as payment in full; if no payment is received or a deficiency balance exists after receipt of a payment, the balance of the court costs shall be written off as hereinafter provided.
Page 11 | 5.09 Court Cost Arrearage and Death of a Party
When notified that a party or criminal defendant with unpaid court costs has died, the Clerk must seek confirming information and documentation.
Upon any notice to the Clerk of Courts, of the death of a party or a criminal defendant, who was ordered to pay court costs for which there is an arrearage, the Clerk shall seek confirming information and documentation and:
Page 11 | 5.09 Court Cost Arrearage and Death of a Party
If no estate has been filed, the Clerk must confirm the death with a death certificate and write off the court-cost arrearages if an estate is not filed within 180 days of death.
B. If the Clerk is notified by any means that a party or criminal defendant has died, for which no estate is or has been filed in any probate court, the Clerk shall confirm the death by receipt of a death certificate or a certified copy thereof, and write off the court cost arrearages if an estate is not filed within 180 days of the date of death.
Page 11 | 5.09 Court Cost Arrearage and Death of a Party
If properly notified that an estate has been filed, the Clerk must present a written claim for court costs to the estate representative and probate court.
A. If properly notified that an estate is filed, the Clerk shall present a written claim for the court costs under R.C. 2117.06 to the executor or administrator of the estate and to the probate court.
Page 11 | 5.09 Court Cost Arrearage and Death of a Party
The Clerk must accept payment of an accepted estate claim as provided in the estate process and pursue collection of a rejected claim within two months after rejection.
1. If the claim is accepted by the executor or the administrator, the Clerk shall accept payment as provided in the handling of the estate; if the claim is rejected in whole or in part by the executor or administrator, the Clerk shall pursue the collection of the claim within two (2) months after the rejection as provided in R.C. 2117.12.
Page 11 | 5.09 Court Cost Arrearage and Death of a Party
FAX transmissions incur a cost of $2.00 per transmission plus $1.00 per page.
E. Costs for FAX transmissions shall be assessed as follows: $2.00 per transmission plus $1.00 per page.
Page 14 | 9.01 General
Counsel requesting a jury view must pay the applicable deposit to the Clerk of Courts for transportation costs.
Counsel so requesting pay the applicable deposit to the Clerk of Courts, which will be applied to transportation costs.
Page 22 | D. Trial
A jury-view request must include the required fee, which will be applied to transportation costs.
A request for a jury view shall be in writing and filed with the Court with the required fee, which will be applied to transportation costs.
Page 28 | E. Trial — 2. Jury View
The Petitioner must pay a $50 deposit before any action is required on the Petition.
Before any action is required to be taken on the Petition, the Petitioner must pay a deposit in the amount of $50.00.
Page 31
Indigent defendants seeking appointed counsel must pay all statutory fees before counsel is appointed.
Indigent defendants requesting court-appointed counsel shall complete a Financial Disclosure/Affidavit of Indigency and shall pay all statutory fees prior to appointment of counsel.
Page 32 | 21.02 Indigent Defendants/ Court Appointed Counsel
All court costs in the case that is the subject of an expungement petition must be paid before the Clerk may accept the petition.
All court costs in the case which is the subject of the petition, shall be paid before the petition may be accepted by the Clerk of Courts.
Page 33 | 21.04 Expungements (See Appendix – Form 5)
A new applicant who receives a state commission must bring it to the Clerk of Courts for recording and pay the recording fees.
When New Applicants receive their Commission from the State, the Applicant must bring the Commission to the Clerk of Courts for recording and payment of recording fees.
Page 34 | RULE 23 NOTARIES PUBLIC
Notary Public applicants must provide a $15 check or money order payable to the Notary Commission Clerk.
9. Applicants must have a check or money order made payable to the Notary Commission Clerk, in the amount of $15.00.
Page 34 | RULE 23 NOTARIES PUBLIC
Notary Public applicants must pay a $50 application fee, collected by the Clerk of Courts.
8. Applicants must complete a Notary Public Application and pay a $50 application fee. The application fee shall be collected by the Clerk of Courts; and
Page 34 | RULE 23 NOTARIES PUBLIC
Applicants must provide a $15 check or money order payable to the Notary Commission Clerk.
Applicants must have a check or money order made payable to the Notary Commission Clerk, in the amount of $15.00.
Page 35 | Renewal of Notary Commission
After receiving the commission from the State, the renewal applicant must bring it to the Clerk of Courts for recording and pay the recording fees.
When Applicants seeking a Renewal of Notary Commission receives the Commission from the State, the Applicant must bring the Commission to the Clerk of Courts for recording and payment of recording fees.
Page 35 | Renewal of Notary Commission
A Notary Public renewal applicant must pay a $35 application fee collected by the Clerk of Court.
Applicants must complete a Notary Public Application and pay a $35 application fee. The application fee shall be collected by the Clerk of Court;
Page 35 | Renewal of Notary Commission
Each side must pay one arbitrator’s fee and half the Chairman’s fee to the Clerk of Courts at least 14 days before the arbitration hearing.
Each side shall be responsible for paying the fee of one arbitrator and one-half the fee of the Chairman. Payments shall be made to the Clerk of Courts no later than fourteen (14) days before the date set for the arbitration hearing.
Page 47 | Arbitration
The appellant must deposit with the Clerk all fees received by the Board members for the case; those fees are refunded to the parties who deposited arbitration costs and are not recoverable by the appellant.
The appellant shall deposit with the Clerk of Courts, all fees received by the members of the Board in the case which shall be refunded to the parties who had made deposits for arbitration costs. The sum paid shall not be taxed as costs in the case and shall not be recoverable by the appellant in any proceeding.
Page 52 | 31.15 Appeals
Appellant shall pay to the Clerk of Courts the sum mentioned in 1. b) below.
Appellant shall pay to the Clerk of Courts the sum mentioned in 1. b) below.
Page 52 | 31.15 Appeals
If an appealing party who filed a poverty affidavit receives a settlement or judgment, the person paying it must first pay the Clerk the non-deposit portion of the appeal compensation.
If, however, the plaintiff or party appealing, who has filed a poverty affidavit as described above, receives a settlement or judgment in the case, the defendant or party who agrees to or is ordered to pay the judgment, shall pay first to the Clerk of Courts out of such settlement or judgment, before making payment to anyone else, an amount equal to the non-deposit portion of the compensation due for the appeal de novo.
Page 53 | 3. Poverty Affidavit and Notice.
Sealing & Redaction Procedures
When a pleading requires or contains the specified personal and private information, the filing party must submit that information on the Personal Identifiers form.
Upon the filing of any pleading which requires or contains personal and private information as outlined in Rule 45 of the Rules of Superintendence for the Courts of Ohio and Local Administrative Order entitled In re: Protection of Personal and Private Information in Court Records, the filing party shall submit the personal and private information on the Personal Identifiers form.
Page 12 | 6.01 Personal Identifiers Form
The Personal Identifiers form is a non-public record.
The PIF shall be deemed a non-public record.
Page 12 | 6.01 Personal Identifiers Form
The filing party must redact personal identifiers from pleadings before presenting them to the Clerk.
All pleadings containing personal identifiers such as social security numbers, dates of birth and account numbers shall be redacted by the filing party prior to presentment to the Clerk.
Page 12 | 6.01 Personal Identifiers Form
Social security numbers and other information required to be excluded from public records must be redacted under the applicable court rules.
All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence.
Page 31
The Clerk must secure the physical file in a sealed envelope and store it in a locked location.
Clerk of Courts staff shall secure the physical file in a sealed envelope and store it in a locked location.
Page 100 | F. Procedures for Sealing and Expunging Records
After an order to seal a case, the case must be marked sealed in the case management system and removed from public access.
Upon an order to seal a case, the case shall be marked sealed in the case management system and removed from public access.
Page 100 | F. Procedures for Sealing and Expunging Records
Upon an expungement order, the case must be marked sealed in the case management system and removed from public access.
- Upon an expungement order, the case shall be marked sealed in the case management system and removed from public access.
Page 101 | 4. Process for Removing Expunged Records
Parties must omit specified personal identifiers from case documents and submit the omitted information on a separate form, which may be the court’s form or a form of their own.
Upon the filing or submission of a case document, a party shall omit personal identifiers from the document. (A) “Personal Identifiers” means 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; and employer/employee identification numbers. (B) When personal identifiers are omitted from a case document submitted to the court, the party shall submit or file that information on a separate form. The parties may use a form provided by the court or a form of their own. See Appendix C for court form.
Page 13 | LOCAL RULE 57.4 PERSONAL INFORMATION
A Statement of Expert Evaluation (SPF17.1) must be maintained as a confidential record.
(C) A Statement of Expert Evaluation (SPF17.1) shall be maintained as a confidential record.
Page 22 | LOCAL RULE 66.1 STATEMENT OF EXPERT EVALUATION
When disclosure of identifying information would jeopardize health, safety, or liberty, the address should be kept confidential and placed under seal upon request.
1. ☐ I am requesting the court to not disclose my current address or that of the children. My address is confidential pursuant to R.C. 3127.23(D) and should be placed under seal in that the health, safety, or liberty of myself and/or the child(ren) would be jeopardized by the disclosure of the identifying information.
Page 41 | Appendix E
After trial, a guardian ad litem may recommend restricting access to all or part of a report to protect privacy, confidentiality, or safety.
A guardian ad litem may recommend that the court restrict access to the report or a portion of the report, after trial, to preserve the privacy, confidentiality, or safety of the parties or the person for whom the guardian ad litem was appointed in accordance with Rule 45 of the Rules of Superintendence.
Page 17
Information received to assist with a decision under Section 2953.25 retains its public or non-public status as provided by law.
Records or information received by a court to assist the court with making its decision under Section 2953.25 of the Revised Code, including information included on a petition, shall retain their character as public or non-public records, as otherwise provided in law.
Page 31
Pre-Motion Conference Requirements
Any party may request an oral hearing on a post-conviction motion.
Any party may request an oral hearing.
Page 33 | 21.03 Post conviction petitions
The Court may schedule a post-conviction motion for oral hearing on its own initiative.
The Court may sua sponte schedule a motion for oral hearing.
Page 33 | 21.03 Post conviction petitions
The Court may permit oral argument on a motion upon a proper showing or at the Court’s request.
(C) Oral arguments of motions may be permitted upon proper showing or at the request of the Court.
Page 34 | LOCAL RULE 78.6 Motions
Adjournment & Extension Requirements
Continuance requests must be written, include verification that other counsel or pro se parties were contacted and do not object, state the reasons, and be filed at least 14 days before the hearing; proof of a prior court assignment is required when that is the reason, and the 14-day period may be waived for good cause.
All requests for continuances shall be made in writing and shall provide verification that other counsel or pro se parties have been contacted and have no objection to a continuance. If a continuance is requested because an attorney is already scheduled to be in another Court of record, proof of such prior assignment shall be attached to the Motion for Continuance. All motions for continuances shall state the reasons for the request and shall be filed with the Clerk’s Office no later than 14 days before the hearing sought to be continued and served upon all other parties. Upon good cause shown, said 14-day period may be waived.
Page 21 | Rule 22. Continuances
With leave of court, a party may obtain one or more extensions of up to 30 days each to move, plead, or answer; each written motion must state the number of prior extensions granted, and the remaining requirement is cut off in the source.
However, a party may, with leave of court, obtain one or more extensions not to exceed thirty (30) days each, in which to move, plead or answer. Each motion for an extension shall be in writing, shall state the number of prior extensions granted, and shall state the date the
Page 14 | 11.02 Leave to Move, Plead or Answer
A continuance requires a written motion and good cause, generally must be requested at least seven days before the court date, and must include the scheduled hearing date; a scheduling-conflict request must attach the conflicting notice.
Continuance of a hearing or trial will be granted only by the Judge or Magistrate for good cause upon the filing of a written motion and in accordance with Rule 41 of the Rule of Superintendence, if applicable. Requests for continuance must be filed no later than seven (7) days prior to the scheduled court date, except for good cause shown. Counsel shall attach a copy of the conflicting scheduling notice, if the request is due to a scheduling conflict. Each motion shall state the date the current hearing is scheduled and shall be accompanied by a separate Judgment Entry/Order.
Page 15 | 12.02 Requirements
Oral continuance requests are not considered or granted, except during hearings or for other good cause shown.
No oral requests for continuances will be considered or granted, except during hearings, or for other good cause shown.
Page 16 | 12.03 Oral Requests for Continuance
Counsel must attend scheduled hearings unless the Court grants a requested continuance.
counsel is expected to be at all scheduled hearings, unless a continuance is requested and granted by the Court.
Page 19
If the assigned Chairman is absent, the hearing must be continued to a date and time mutually agreeable to the arbitrators, parties, and Assignment Commissioner, and the continuance is deemed requested by the Chairman.
In no event shall the hearing proceed in the absence of the assigned Chairman. In such event, the hearing shall be continued to a date and time mutually agreeable to the arbitrators, parties, and the Assignment Commissioner. Such a continuance shall be deemed to be at the request of the Chairman.
Page 49 | 31.11 Continuance of Hearing, Inability of Hearing to Proceed
The Chairman may continue a hearing date only when a party or parties show extraordinary reasons.
The Chairman may continue a hearing date only upon a showing by a party or parties of extraordinary reasons.
Page 49 | 31.11 Continuance of Hearing, Inability of Hearing to Proceed
The requesting party must reschedule the hearing within 30 days at a mutually agreeable date and time and give written notice to the Assignment Commissioner, arbitrators, and parties.
In such event, it shall be the responsibility of the party requesting the continuance to reschedule such hearing at a date and time, not later than thirty (30) days, mutually agreeable to the Assignment Commissioner, the arbitrators and the parties, and provide written notice of the rescheduled hearing date to the Assignment Commissioner, the arbitrators and the parties.
Page 49 | 31.11 Continuance of Hearing, Inability of Hearing to Proceed
A case may not be continued more than twice without the Judge’s approval.
In no event shall a case be continued more than twice without the approval of the Judge
Page 49 | 31.11 Continuance of Hearing, Inability of Hearing to Proceed
Discovery matters shall be concluded without continuances.
Discovery matters shall be concluded without continuances.
Page 54 | Rule 32 CIVIL PROTECTION ORDERS
Continuance applications for hearings, pre-trials, and trials must be submitted to the Court and sent to the adverse party or counsel at least 7 days before the scheduled event, unless there is an emergency or the Court deems cause sufficient.
(B) All applications for continuances of hearings, pre-trials and trials shall be submitted to the Court and sent to any adverse party or counsel at least 7 days prior to the scheduled date for the event sought to be continued, absent emergency or cause deemed sufficient by the Court.
Page 11 | LOCAL RULE 56.1 CONTINUANCES AND EXTENSIONS
An application to continue a pretrial conference must be in writing and filed with the Court at least seven days before the conference.
Any application for continuance of a pretrial conference shall be in writing and filed within the Court not less than seven (7) days prior to the conference.
Page 32 | LOCAL RULE 78.1 Civil Actions
The trial date may not be changed and the trial may not be continued without good cause shown.
(F) The trial date shall not be changed nor shall the trial be continued without good cause shown.
Page 33 | Final pretrial conference and trial
Counsel entering an appearance fewer than seven days before a scheduled hearing must comply with the continuance rule.
Counsel entering an appearance in a case less than seven (7) days prior to a scheduled hearing shall comply with this rule.
Page 15 | 12.02 Requirements
The Court may extend a Status Hearing upon a written request showing good cause.
For good cause shown and upon written request, the Court may grant an extension on the Status Hearing.
Page 26 | 20.06 Settlement
Only the Court may extend the 60-day period for scheduling a hearing after appointment of the Chairman.
The sixty (60) day period may be extended only by the Court.
Page 47 | 31.05 Hearings; When and Where Held; Notice
Continuances of Civil Protection Order hearings are discouraged and may be granted only for good cause, at the Court’s discretion.
Continuances of hearings on Civil Protection Orders are discouraged and will be granted only upon good cause shown, in the discretion of the Court.
Page 54 | Rule 32 CIVIL PROTECTION ORDERS
The Court may extend the expert-report submission deadlines upon a showing of good cause.
Upon good cause shown the Court may grant the parties additional time within which to submit expert reports.
Page 59 | CASE MANAGEMENT CONFERENCE ORDER
No more than two extensions may be granted per account; the Court may set later requests for a status conference and require the attorney and fiduciary to appear and show cause.
There may be no more than two extensions granted per account. Thereafter, the Court may set any further extension requests for status conference and require the attorney and the fiduciary to appear before the Court and show cause as to why a further extension is necessary.
Page 18 | LOCAL RULE 64.1 — EXTENSIONS
The Court may, in its discretion, continue a case to accommodate scheduled leave.
The Court, in its discretion, may continue the case to accommodate a scheduled leave.
Page 4 | General Provisions
Chambers Communication Rules
Before trial begins, counsel must promptly notify the Court by telephone when a case is resolved.
At any time prior to commencement of trial, counsel shall advise the Court promptly via telephone, when a case has been resolved.
Page 20 | RULE 19 Report of Settlement
After reporting a settlement, the attorneys must cooperate to fax the Court a written notification identifying who will prepare the settlement entry and when it will be filed.
Thereafter, the attorneys shall cooperate and fax a notification to the Court in writing at 419-734-6852 indicating which attorney will be preparing the settlement entry and when the entry will be filed.
Page 20 | RULE 19 Report of Settlement
A guardian ad litem must not communicate ex parte with the court about the merits of the case.
(2) A guardian ad litem shall maintain independence, objectivity and fairness as well as the appearance of fairness in dealings with parties and professionals, both in and out of the courtroom and shall have no ex parte communications with the court regarding the merits of the case.
Page 14 | Rule 21(D)(2), Responsibilities of a guardian ad litem
An attorney may request a conference with the Judge or Magistrate about an issue needing discussion before a hearing or disposition, provided opposing counsel receives notice.
If it is determined that an issue in a pending action needs to be discussed with a Judge or Magistrate prior to hearing or disposition of the action, the attorney requesting said conference may, with notice to opposing counsel, request a conference with the Judge or Magistrate.
Page 12 | 7.02 Request for Conference
The party requesting telephone appearance must coordinate one call to the Court at the designated date and time.
The requesting party shall be responsible to coordinate one call to the Court at 419-734-6790 on the designated date and time.
Page 24 | 20.03 Appearance by Telephone
Counsel planning to use courtroom technology should meet with Court staff before trial for a demonstration and compatibility check.
Counsel who anticipate using courtroom technology should schedule a time to meet with Court staff before the trial for a demonstration of the equipment and to ensure your equipment is compatible.
Page 75 | COURTROOM TECHNOLOGY
Contact the Assignment Clerk to obtain a hearing date and insert it in the Order to Appear.
NOTE: Contact the Assignment Clerk to obtain a hearing date and insert date in Order.
Civil cases
Page 5 | B. MOTION TO SHOW CAUSE (CONTEMPT)
Contact the Assignment Clerk to obtain a hearing date and insert it in the Notice of Hearing.
NOTE: Contact Assignment Clerk to obtain a hearing date and insert date in Notice.
Civil cases
Page 5
Contact the Assignment Clerk to obtain a hearing date and insert it in the Notice of Hearing.
NOTE: Contact the Assignment Clerk to obtain a hearing date and insert date in Notice.
Civil cases
Page 5 | C. MOTION FOR CHANGE OF ALLOCATION OF PARENTAL RIGHTS