Paulding County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Phone
Page & Word Limits1 rule
Motion memoranda and administrative-appeal briefs are limited to 30 pages excluding supporting exhibits, unless the Court grants leave for good cause on a motion stating the requested length and reasons.
- Memorandum or administrative appeal brief
- Up to 30 pages
- Memorandum
- Administrative appeal brief
Excluded from page count
- •Exhibits
Court's wording
All memoranda attached to motions, as well as briefs filed in administrative appeals, whether supporting or opposing a motion or brief, shall not exceed thirty (30) pages, exclusive of any supporting exhibits. For good cause shown, the court may grant a party leave to file a memorandum or brief in excess of the page limitation. Application for such leave shall be by motion specifying the number of pages requested and specifying reason extra pages are needed.
Document Format Requirements6 rules
A video exhibit must be provided to the Court and opposing party on a thumb drive in MPEG or AVI format, with no unrelated files on the drive.
Court's wording
Any party who intends to submit a video as evidence must provide the Court and the opposing party the video on a thumb drive in a MPEG or AVI format. While parties may submit multiple videos on the same thumb drive, no other extraneous files may be on the thumb drive.
Email filings go to the specified Clerk address as PDFs, with each document in a separate, identifiable attachment.
- File type
- Email filing
Court's wording
Email filings may be submitted to clerk@pauldingcountyoh.com. All documents electronically filed by email shall be submitted in Portable Document Format (PDF) format. When more than one document is contained within a single email, each document shall be a separate, readily identifiable attachment.
The requirement that the Guardian ad Litem, when providing the report to unrepresented parties and legal counsel of record, attach a cover sheet entitled NOTICE which sets out the language above in paragraph 1 in bold print in 22-point font or larger.
- Font size
- At least 22 points
Any party who intends to offer a photograph, text message, document, or other electronically stored information as evidence must provide the Court and the opposing party a paper copy of that exhibit.
Plaintiff's exhibits shall be marked with numbers. Defendant's exhibits shall be marked with letters.
- Exhibits
Formatting
- •Mark plaintiff’s exhibits with numbers and defendant’s exhibits with letters
All papers filed with the Court shall be on regular size paper (8 ½ x 11), with the exception of depositions and exhibits. All filings shall have a top margin of at least one and one-half inches.
- Margins
- Top 1.5 inches
- Paper size
- Letter
Formatting
- •Depositions and exhibits are excepted from the paper-size requirement
Document Filing Requirements54 rules
If a parent intends to move, the moving parent shall immediately file a Notice of Intent to Relocate with the Court.
If a parent intends to move, he/she shall immediately file a Notice of Intent to Relocate with the Court.
All parties to divorces or dissolutions with minor children filed in the Paulding Common Pleas Court are required to complete the AOK Parenting Class prior to their final hearing.
Participants must provide the court a copy of the completion certificate, either in print or by email, to verify completion.
Court's wording
A certificate of completion is available at the end of the program. You will need to either print this certificate and provide a copy of it to the Common Pleas Court or email a copy of the certificate to lvance@pauldingcounty-oh.com to verify that you have completed the program.
An email-filed document must use a handwritten signature or the specified /s/ printed-name signature line.
Court's wording
All documents electronically filed by email shall be signed in either of the following ways: A handwritten signature manually affixed to the document; or A signature line containing a forward slash followed by an “s” followed by a second forward slash and the filing party’s name in print (e.g., /s/ John Doe).
A judgment entry involving real-property title must include a county-certified legal description and attach the last recorded deed.
Court's wording
Judgment Entries in all actions involving title to real property shall include a legal description of the property in question as well as a copy of the last recorded deed as an attachment to any entry or order. Said legal description shall be certified by the appropriate county official as being accurate.
When filing a QDRO, the filer must simultaneously file a praecipe for service on the Plan Administrator and append the specified bold notice after the QDRO.
Court's wording
Upon the filing of a Qualified Domestic Relations Order, counsel or self-represented parties shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Qualified Domestic Relations Order. Following the last page of the QDRO, counsel or self-represented parties shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Qualified Domestic Relations Order has been qualified with the Clerk of Courts: NOTICE TO PLAN ADMINISTRATOR THE QUALIFIED DOMESTIC RELATIONS ORDER HAS BEEN SERVED UPON YOU. PLEASE PROVIDE WRITTEN VERIFICATION OF ITS QUALIFICATION TO THE PAULDING COUNTY CLERK OF COURTS, 115 NORTH WILLIAMS STREET, PAULDING, OHIO 45879 CASE NUMBER:
An application for a listed domestic-relations ex parte order must explain the exigent circumstances and support the factual basis with the requesting party’s sworn affidavit.
Court's wording
Applications for ex parte orders relating to the allocation of parental rights, child support, spousal support, or for the sole and exclusive use of the marital residence shall contain the following information: The basis for the claimed exigent circumstances which requires the issuance of an ex parte order. The factual basis of said exigent circumstances shall be supported by an affidavit sworn to by the requesting party;
A parenting-coordination appointment order must include the coordinator’s details, authority and term, fee allocation, decision and objection procedures, other appropriate provisions, and a deadline for the parties to make contact.
Court's wording
When ordering parenting coordination, the Court shall issue an appointment order that does all of the following: Includes the name and contact information of the parenting coordinator and outlines the definition and purpose of the parenting coordinator; Specifies the scope of authority of the parenting coordinator; Sets forth the term of the appointment; Allocates the responsibility for fees and expenses related to parenting coordination; Addresses procedures for decision-making of the parenting coordinator; Addresses procedures for objections to parenting coordinator decisions; Addresses other provisions as the court considers necessary and appropriate; Orders the parties to contact the parenting coordinator within the time period specified by the Court.
Application for such leave shall be by motion specifying the number of pages requested and specifying reason extra pages are needed.
At such time as a child support order is issued by the Court, Schedule D shall be Completed with the original forwarded by the Clerk of Courts to the Child Support Enforcement Agency and a copy filed within the family file.
The Clerk shall not accept for filing any document that must be served upon counsel or parties which does not designate their names and addresses.
A final judgment entry in a case issuing a QDRO must contain the specified jurisdiction-retention language.
Court's wording
In all cases in which a Qualified Domestic Relations Order is to be issued, the final judgment entry shall contain the following language: The Court retains jurisdiction with respect to the Qualified Domestic Relations Order to the extent required to maintain its qualified status and the original intent of the parties. The Court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order. Notwithstanding the reservation of jurisdiction to insure that the domestic relations order is qualified, this is a final appealable order.
Pleadings, motions, and memoranda must identify counsel with contact and registration information and identify the primarily responsible attorney when counsel is a firm.
Court's wording
All pleadings, motions and memoranda filed with the Court shall contain the following information: Name, address, telephone number, and email address of counsel and Attorney Registration Number issued by the Supreme Court of Ohio. If counsel is a firm of attorneys, the attorney having primary responsibility for the case shall indicate as much thereon.
All motions shall be accompanied by a brief statement of the grounds and the authorities relied upon.
All orders establishing or modifying a child support obligation shall contain a certificate of service certifying that a file-stamped copy of the judgment entry has been provided to the county Child Support Enforcement Agency.
- Document
- Child support order
Must include
- •Certificate of service
A copy of the worksheet shall be attached to all orders establishing or modifying a support obligation, including in temporary orders.
A judgment entry incorporating a separation agreement or shared parenting plan must have a copy of that agreement or plan attached.
Court's wording
All Judgment Entries incorporating a separation and property settlement agreement or shared parenting plan shall have attached thereto a copy of the separation and property settlement agreement or shared parenting plan.
A fax filing must include a cover page with the listed court, case, document, transmission, sender, page-count, and cost-payment information.
- Document
- Fax filing
Must include
- •Case number
Court's wording
The person filing a document by fax shall also provide therewith a cover page containing the following information: The name of the Court; The title of the case; The case number; The title of the document being filed (i.e. Defendant Smith’s Answer to Amended Complaint; Plaintiff Brown’s Response to Defendant’s Motion to Dismiss, etc.); The date of transmission; The transmitting fax number; The number of pages included in the transmission, including the cover page; The sending party’s name, address, telephone number, fax number, email address and Supreme Court registration number, if applicable; If applicable, a statement explaining how costs are being submitted.
An investigator must file the report at least seven days before trial and include the specified notice in bold in the report.
Court's wording
The investigator shall file his or her report of the investigation at least seven (7) days before any scheduled trial date. The report shall include the following NOTICE in BOLD print in the body of the report: This report is being provided to the court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of this report to another person, without prior approval, shall be subject to court action, including penalties for contempt which include incarceration and fines.
A final judgment entry or case-concluding order prepared by counsel must direct the Clerk to mail copies to the listed counsel and parties and docket each service.
Court's wording
On final Judgment Entries or any Order that concludes a case, counsel shall include a paragraph that directs the Clerk of Court to serve copies of the entries or orders, as follows: CLERK OF THIS COURT SHALL FORWARD A COPY OF THIS JUDGMENT ENTRY TO COUNSEL FOR PLAINTIFF, PLAINTIFF, COUNSEL FOR DEFENDANT AND DEFENDANT BY REGULAR MAIL SERVICE AND THE SERVICE OF EACH SHALL BE NOTED IN THE CASE DOCKET.
When filing a DOPO, the filer must simultaneously file a praecipe for service on the Plan Administrator and append the specified bold notice after the DOPO.
Court's wording
Upon the filing of a Division of Property Order, counsel or self-represented parties shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Division of Property Order. Following the last page of the DOPO, Counsel or self-represented parties shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Division of Property Order has been qualified with the Clerk of Courts: NOTICE TO PLAN ADMINISTRATOR THE DIVISION OF PROPERTY ORDER HAS BEEN SERVED UPON YOU. PLEASE PROVIDE WRITTEN VERIFICATION OF ITS QUALIFICATION TO THE PAULDING COUNTY CLERK OF COURTS, 115 NORTH WILLIAMS STREET, PAULDING, OHIO 45879 CASE NUMBER:
The motion shall be accompanied by a supporting memorandum which will state the movants legal basis which would warrant an Order Compelling Discovery. The memorandum filed should be concise, addressing itself only to those relevant issues and shall be accompanied by the following: An affidavit of counsel setting forth what extrajudicial means have been attempted to resolve the differences; and A copy of the Interrogatories, and/or Requests for Production of Documents, etc. which have previously been served pursuant to Ohio Rules of Civil Procedure. No interrogatories, or requests shall be filed in the Court except in connection with a Motion to Compel Discovery.
- Document
- Motion to compel discovery
Must include
- •Legal argument
The Court shall include the vehicle identification number (VIN), year, make and model in every Order directing the issuance of title to a motor vehicle. With regard to four wheelers or all-terrain vehicles, a description of the vehicle must be contained in all Orders.
A responding party must file completed Affidavits 1 and 2 with the responsive papers and update them before later proceedings when necessary, subject to modification for good cause.
Court's wording
The responding party shall file a Uniform Domestic Relations Form Affidavit 1 – Affidavit of Basic Information, Income and Expense, and Uniform Domestic Relations Form Affidavit 2 – Affidavit of Property and Debt, with his or her answer, response, objections to ex parte orders, counterclaims or counter-motions. These forms shall be updated prior to any further pre-trial, final hearing or trial, when necessary to correct or complete any information previously provided. Failure to provide or update the information may result in the Court’s acceptance of the party’s information provided as filed, as well as other available sanctions for failure to provide discovery. The Court may modify these time limitations for good cause shown.
Orders in cases with minor children must address health insurance and uncovered expenses; Schedule C must be attached or its appropriate language incorporated, and Schedule B applies unless an alternative is approved.
Court's wording
In any case in which there are minor children, orders shall issue regarding the parties' responsibility to provide health insurance for the child(ren) and for payment of those health related expenses for the children not paid by insurance coverage. Schedule B sets out the standard Court order for insurance and payment of expenses and will be adopted by the Court unless a different order is submitted by the parties and approved by the Court. Schedule C sets out requirements for provision of health insurance and shall be completed and attached to an order or judgment entry filed in every case in which there are minor children or, in the alternative, appropriate language as set out within Schedule C may be incorporated in the order or judgment entry.
If no response is received within 21 days, preparing counsel must submit the proposed entry with a letter and the specified certification.
Court's wording
If no response is made to original preparing counsel within twenty-one (21) days, preparing counsel shall submit the Judgment Entry or Order along with the submitting letter to the Court with the following certification: I HEREBY CERTIFY THAT THE FOREGOING ENTRY OR ORDER WAS (MAILED, DELIVERED, OR FAXED) TO ______________________, COUNSEL FOR PLAINTIFF/DEFENDANT, ON THE ______ DAY OF ___________, 20____ AND HAS NOT BEEN RETURNED, REVISED NOR OBJECTED TO.
Every order establishing or modifying child support must include the specified statutory duration language.
Court's wording
All orders establishing or modifying a child support order shall contain the following language: Pursuant to Ohio Revised Code §3119.86, this child support order will remain in effect beyond the age of eighteen (18) as long as the child continuously attends any recognized and accredited high school on a full time basis. Support will continue during seasonal vacations until the order terminates. Nevertheless, no current obligation for support will remain in effect beyond the child's attainment of the age of nineteen (19) subject to the continuing jurisdiction of the Court. In the event the child is not attending an accredited high school, support will terminate upon the child's eighteenth (18) birthday.
Parties must verify A-OK completion by presenting the printed certificate to the Court or emailing it to the Assignment Commissioner.
Court's wording
A Certificate of Completion is available at the end of the program. This certificate must either be printed and presented to the Paulding County Common Pleas Court, or emailed to the Court's Assignment Commissioner at lvance@pauldingcounty-oh.com. Parties must verify completion of the program.
An ex parte order must advise the opposing party of the right to request a hearing and include the specified notice in bold.
Court's wording
All ex parte orders shall advise the opposing party of the right to request a hearing and shall contain the following language in bold print: The Court has made this order solely upon the evidence provided by . You may request a hearing on this matter. You have the right to counsel and should have counsel present with you at any hearing. This is a Temporary Order and the Court will review all the evidence of the parties at any requested hearing.
All motions for default judgment shall be accompanied by a proposed judgment entry.
- Document
- Default judgment motion
Must include
- •Proposed order
The written application shall include the following: The case name; The case number; The type of coverage desired; The type of equipment being used; Names of all operating personnel.
- Document
- Media application
Must include
- •Case number
The Guardian ad Litem must file a written report at least seven days before the final hearing, include the specified notice in the report, and provide it with the required cover sheet to counsel and unrepresented parties.
Court's wording
Pursuant to Sup.R.48.06, a written report shall be prepared by the Guardian ad Litem and filed with the Court not less than seven (7) days before the final hearing. Each report shall contain the language referred to above in paragraph (C)(1) of this rule in the body of the report. The report shall be provided by the Guardian ad Litem to unrepresented parties and legal counsel of record. Counsel may share the contents of the report with their clients. In addition, the Guardian ad Litem shall attach the cover sheet required above in paragraph (C)(2) to the report when providing it to the parties or counsel.
All orders for child support shall contain the full names of both parties and shall be forwarded to the Child Support Enforcement Agency by the Clerk of Courts.
In cases with minor children, the specified domestic-relations pleadings and parental-rights post-divorce motions must include completed Uniform Domestic Relations Forms Affidavits 3 and 4.
Court's wording
In cases with minor children, the Clerk of Courts shall refuse to accept for filing any Complaint, Counterclaim, Cross-Claim for Divorce, Annulment or Legal Separation, Petition for Dissolution of Marriage, or any post-divorce motion involving the allocation of parental rights for minor children, accompanied by the following completed forms: Uniform Domestic Relations Form Affidavit 3 – Affidavit of Basic Information, Income and Expense Uniform Domestic Relations Form Affidavit 4 – Affidavit of Property and Debt
An in-forma-pauperis motion must include counsel’s statement concerning attorney fees.
Court's wording
No motion to proceed In Forma Pauperis shall be granted by the Court unless there is attached thereto a statement by the attorney for the party executing such affidavit that he or she has not accepted and will not accept any attorney’s fees in said cause until the costs are paid or secured to be paid.
A covered domestic-relations complaint, counterclaim, cross-claim, or dissolution petition must include completed Uniform Domestic Relations Forms Affidavits 1 and 2.
Court's wording
The Clerk of Courts shall refuse to accept for filing any Complaint, Counterclaim, Cross-Claim for Divorce, Annulment or Legal Separation or Petition for Dissolution of Marriage not accompanied by the following completed forms: Uniform Domestic Relations Form Affidavit 1 – Affidavit of Basic Information, Income and Expense Uniform Domestic Relations Form Affidavit 2 – Affidavit of Property and Debt
A child-support order must include the listed identifying, support calculation, deviation, arrearage, payment, duration, insurance, and medical-support information.
Court's wording
All orders establishing or modifying a child support order shall contain the following information, as required by Ohio Statute. The name, date of birth and social security number (last four digits only) of the support obligee; The name, date of birth and social security number (last four digits only) of the support obligor; The guideline child support amount; The overnight parenting time deviation. Other deviation factors; Arrearages; The method to secure support payments; Duration and termination of support and required notices; Health insurance coverage, including availability of private health insurance coverage and health insurance obligor; Cash medical support and payment of children's medical expenses.
A motion to compel must identify the specific discovery dispute or it will be overruled without a hearing.
Court's wording
Motions to Compel Discovery will properly come before the Court for hearing only upon counsel providing the specific discovery issue in dispute. Any Motions to Compel Discovery failing to provide specificity will be overruled without hearing.
At the Court’s discretion, counsel may be required to file within five (5) days of a final pre-trial a “Pre-trial Statement” containing the following required data: The counsel who will be trial counsel and who is fully authorized to act and negotiate on behalf of the party. A statement of the issues involved and a statement in writing of all questions of law which it is expected will be involved in the case. All exhibits which are to be offered in evidence at the trial; an itemization of all special damages claimed; the names of all witnesses, both expert and non-expert, expected to be called at the trial; whether or not a view will be requested; whether or not a jury trial if previously demanded, will not be waived, and if not, the number of jurors demanded, and whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages if liability be found.
Trial counsel must attend the final pretrial conference in person with authority to negotiate and stipulate, and be prepared to certify that counsel conferred beforehand.
Court's wording
Counsel who are to try the case will be physically present at the final pre-trial conference, with authority to discuss all phases of the case, with authority to negotiate toward settlement of the case, enter into stipulations, and conduct good faith negotiations. Counsel must be prepared to certify that they have conferred with each other prior to the pre-trial conference.
A final judgment entry in a case issuing a DOPO must contain the specified jurisdiction-retention language.
Court's wording
In all cases in which a DOPO is to be issued, the final judgment entry shall contain the following language: The Court retains jurisdiction with respect to the Division of Property Order to the extent required to maintain its qualified status and the original intent of the parties. The Court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein, including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order. Notwithstanding the reservation of jurisdiction to insure that the Division of Property Order is qualified, this is a final appealable order.
If an action is reopened in Court and more than three years have passed since the date of their original certificate of completion of the class, each party may be required to take the class again.
Failure of either party to correctly and fully complete any schedule may result in dismissal of the pleadings.
Nevertheless, unless orders are issued to the contrary, Schedule A shall be deemed the minimum parenting time schedule in any case in which a schedule is not otherwise specified.
After judgment and appeal, or after appeal time has expired without appeal, counsel should file a motion for the release of exhibits and provide a proposed entry to the Judge. Persons receiving such evidence must sign a receipt upon their release.
Pleadings and motions may be amended as provided in Civ. R. 15, but no pleading or motion shall be amended by interlineation or obliteration except upon leave of Court.
The Guardian ad Litem report must be filed in the family file, and the Clerk must docket a public notice stating the filing date.
Court's wording
A Guardian ad Litem shall file his/her report with the Clerk of Courts to be placed in the family file. At the time the report is submitted for filing, the Clerk shall file a Notice in the public file stating the date that the Guardian ad Litem report has been filed.
Counsel receiving a proposed entry must sign and return it if there is no objection, or prepare and send a proposed modified entry if there is disagreement.
Court's wording
If counsel to whom the Judgment Entry or Order has been sent does not object, then he/she shall sign the entry and return it to the preparing counsel. If counsel does not agree with the submitted entry or order, he/she shall prepare an entry with proposed modifications and submit it to preparing counsel.
The current address of all parties to the action. Counsel shall notify the Clerk in writing of any change of address of any party.
The report shall be signed by the investigator and the investigator shall be subject to cross-examination by either party concerning the contents of the report.
The investigation report and attachments go in the family file and may be viewed on request, while the Clerk files a public notice stating the filing date.
Court's wording
The report and any attachments shall be placed in the family file and may be viewed by counsel and/or self-represented parties upon request. At the time the report is submitted for filing, the clerk shall file a notice in the public file stating the date that the report of the investigation has been filed.
Counsel may not copy the juror questionnaires furnished them, and must return the jury questionnaires to the Court promptly after voir dire.
Once a party receives a certificate of completion of the class, that party will not be required to retake the class again for three years.
Filing & Service rules
Electronic Filing Rules
The General and Domestic Relations Divisions permit fax or email filing of qualifying later papers up to 30 pages, subject to preapproval for longer papers, but not original complaints or original pleadings.
In accordance with Civ.R.5, the General and Domestic Relations Divisions of the Court adopt the following procedures for the Clerk of Courts’ acceptance of facsimile copies, subsequent to the original complaint, of pleadings and other papers not longer than thirty (30) pages in length. No documents longer than thirty (30) pages in length shall be filed in this manner, unless pre-approved by the Court. No original complaint or original pleading may be fax filed or email filed with the Clerk of Courts.
Page 1 | RULE 23 – FAX & EMAIL FILING WITH THE CLERK
The Clerk is not required to file fax-transmitted documents that are unsigned.
The Clerk of Courts is not required to file any unsigned fax transmitted documents.
Page 1 | RULE 23 – FAX & EMAIL FILING WITH THE CLERK
Filing Timing and Cure Windows
The moving parent must file the notice immediately upon intending to move.
If a parent intends to move, the moving parent shall immediately file a Notice of Intent to Relocate with the Court.
Civil cases
Page 3 | Intent to Relocate
The Notice of Intent to Relocate must be filed immediately when a parent intends to move.
If a parent intends to move, he/she shall immediately file a Notice of Intent to Relocate with the Court.
Civil cases
Page 4 | 12. Intent to Relocate
An accepted fax filing is deemed filed when the Clerk receives it.
All documents sent by fax and accepted by the Clerk of Courts shall be considered filed with the Clerk of Courts as of the date and time the Clerk receives the document.
Page 1 | RULE 23 – FAX & EMAIL FILING WITH THE CLERK
Parties in actions involving allocation of parental rights must complete A-OK within 75 days of the initiating filing, subject to the stated alternatives or waiver.
Parties to any action in which the allocation of parental rights and responsibilities for their child(ren) is being considered shall complete the Assisting Our Kids ("A-OK") within seventy-five (75) days after filing a complaint or motion initiating the action, or within such time as established by the Ohio Supreme Court, unless the same is waived by the Court or a court-approved substitute program is completed.
Page 1 | RULE 19.08 – ASSISTING OUR KIDS PROGRAM
Counsel-prepared judgment entries and dismissal orders must be approved by all counsel of record and submitted within 28 days after notice of settlement, unless the Court agrees otherwise.
Judgment entries and orders of dismissal prepared by counsel shall be approved by all counsel of record, and submitted to the Court within twenty-eight (28) days after notice to the Court of settlement or as otherwise agreed by the Court.
Page 1 | RULE 16 – ENTRIES
All civil protective matters shall be heard at such times as are required by ORC Sec. 3113.31. An ex parte hearing shall be held the same day the petition is filed, if filed before 2:00 p.m. If the petition is filed after 2:00 p.m., it may not be possible to conduct a hearing on the same day. In that case, the ex parte hearing shall be held the next business day.
All civil protective matters shall be heard at such times as are required by ORC Sec. 3113.31. An ex parte hearing shall be held the same day the petition is filed, if filed before 2:00 p.m. If the petition is filed after 2:00 p.m., it may not be possible to conduct a hearing on the same day. In that case, the ex parte hearing shall be held the next business day.
Page 1 | RULE 24 – CIVIL PROTECTIVE ORDERS
A court-ordered mediation referral stays the case until the next scheduled hearing; motions and hearings are barred during the stay without leave, except those concerning care of minor children.
Cases referred to mediation by court order shall be stayed. The period of stay shall be from the date the case is referred to mediation to the next scheduled hearing date. All court orders shall remain in effect during the stay period. No motions may be filed or hearings may be held during the stay period without leave of Court, except those pertaining to the care of the minor children.
Page 1 | RULE 19.12 – MEDIATION
If the Plan Administrator does not file its notice of qualification, the parties or counsel must file its approval letter within 30 days of receipt.
If the Plan Administrator fails to file Notice of Qualification, the parties or attorneys for the parties shall file a copy of the letter of approval/qualification issued by the Plan Administrator with the Clerk of Courts within thirty (30) days of receipt.
Page 1 | RULE 19.11 – DIVISION OF PENSIONS OR OTHER RETIREMENT PLANS
For an incarcerated defendant, the initial appearance must be set within two court days after arrest following the felony complaint.
Following the filing of a felony complaint, the matter shall be set for an initial appearance within two (2) court days of the Defendant’s arrest, if the Defendant is incarcerated.
Page 1 | RULE 26 – CASE MANAGEMENT – CRIMINAL
Unless the Court orders otherwise, each party must file an exhibit and witness list seven days before trial.
Unless otherwise ordered, each party shall file an exhibit and witness list seven (7) days prior to trial.
Page 1 | RULE 19.05 – PRE-TRIAL AND HEARING RULES
Fax and email filings received after 4:30 p.m. or on a weekend or holiday are deemed filed on the next regular business day.
The Clerk of Courts will be deemed to be open to receive facsimile transmission and email filing of documents on the same days and at the same time the Court is regularly open for business. Documents received after 4:30 pm on a regular business day or anytime on a weekend or holiday will be considered to be filed on the next ensuing regular business day for the Clerk.
Page 1 | RULE 23 – FAX & EMAIL FILING WITH THE CLERK
A reply to a response must be filed and served within 14 days after service of the response.
Any reply to said response shall be filed and serviced on or before the fourteenth (14th) day after the date of service of the response.
Page 1 | RULE 11 – RULE DAYS AND EXTENSIONS
When no other deadline controls, a response is due 21 days after service and a reply is due 14 days after service of the response.
Rule Days: In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law, applicable rule, or court order, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the twenty-first (21st) day after the date of service of the pleading, motion or other paper, requiring the response. Any reply to said response shall be filed and serviced on or before the fourteenth (14th) day after the date of service of the response.
Page 1 | RULE 11 – RULE DAYS AND EXTENSIONS
After the enjoined party requests a hearing, the Court must schedule a hearing on the merits within 28 days, and will not delay it absent extraordinary circumstances.
Upon a filing for a request for hearing by the enjoined party, the court shall schedule a hearing on the merits within twenty-eight day (28) days to consider modifying the initial temporary order. No hearing will be delayed absent extraordinary circumstances.
Page 1 | RULE 19.04 – TEMPORARY RESTRAINING ORDERS and EX PARTE ORDERS
Potential jurors must complete and return the questionnaire within three days after receiving it.
The potential jurors are instructed to complete and return the questionnaire within three (3) days of receipt.
Page 1 | RULE 28 – JURY MANAGEMENT – CRIMINAL
If the defendant proceeds to trial without a resolution, the Court mails instructions to potential jurors at least 14 days before trial.
If a resolution is not reached and the Defendant wishes to proceed to trial, the Court will mail letters with instructions to potential jurors at least fourteen (14) days prior to the trial date.
Page 1 | RULE 26 – CASE MANAGEMENT – CRIMINAL
A child-support modification generally takes effect on the motion’s filing date, subject to party agreement, a different Court order, or the date in an adopted administrative determination.
All Court orders modifying a child support obligation shall be effective the date of filing the motion to modify, unless otherwise agreed to by the parties or otherwise ordered by the Court. In cases in which an administrative modification is adopted by the court, unless otherwise ordered, the effective date shall be as set forth in the administrative determination.
Page 1 | RULE 19.09 – ORDERS FOR CHILD SUPPORT
If no further order of sale is pursued within 90 days after cancellation, the Court may stay and close the case; reopening to proceed requires an additional cost deposit.
If the parties fail to proceed with further order of sale within ninety (90) days of cancellation, the Court may issue an Order of Stay and, upon such Order of Stay, the Clerk of Courts shall calculate all court cost, return the balance of deposits and close the case. Thereafter, should the parties wish to re-open the case and proceed with the Order of Sale, an additional cost deposit will be required.
Page 1 | RULE 25 – FORECLOSURE – CANCELLATION OF SHERIFF’S SALE
After appeal time expires, the Clerk may dispose of remaining exhibits, depositions, or transcripts after notice unless an application for return is made within 60 days.
After all appeal time has expired, the Clerk of Courts may dispose of any exhibits, depositions or transcripts remaining in his/her office. The Clerk, after notice to the parties or their attorneys, shall dispose of these items unless application is made for their return within sixty days of the date of the notice.
Page 1 | RULE 22 – RETENTION OF EXHIBITS AND EVIDENCE
The Court will not accept exhibits before the hearing.
The Court will not accept any exhibits prior to the hearing.
Page 1 | RULE 19.05 – PRE-TRIAL AND HEARING RULES
The Court mails juror reporting letters at least 14 days before trial and provides questionnaires to attorneys before trial.
Letters to report are mailed at least fourteen (14) days in advance of trial, with questionnaires provided to the attorneys prior to trial.
Page 1 | RULE 28 – JURY MANAGEMENT – CRIMINAL
If counsel cannot agree on an entry within 28 days of its original submission, both the original and response drafts must be submitted to the Court.
If counsel cannot agree on a Judgment Entry or Order within twenty-eight (28) days of the original submission, then copies of both the original and the response order or entry drafts shall be submitted to the Court.
Page 1 | RULE 16 – ENTRIES
A judge, magistrate, or designee must review a self-represented litigant’s pleading before the Clerk file-stamps it.
All pleadings filed by self-represented litigants shall first be reviewed by the Judge, Magistrate, or his/her designee before being file-stamped by the Clerk.
Page 1 | RULE 19.06 – SELF-REPRESENTED LITIGANTS
Service and Proof of Service Rules
When the report is filed, the Court must send copies to counsel and unrepresented parties with the required notice cover sheet attached.
At the time the investigator's report is filed, copies shall be sent by the court to the attorney(s) of record and any unrepresented parties. When the report is sent to the attorney(s) and/or unrepresented parties, a cover sheet containing the NOTICE stated in Paragraph D above shall be attached to the report.
Page 1 | RULE 19.13 – COURT INVESTIGATIONS
Each party must serve its exhibits on the opposing party and bring three sets to the final hearing.
An attorney or self-represented party must serve a copy of the exhibits on the opposing party. Each party must bring to the final hearing a total of three (3) sets of their exhibits.
Page 1 | RULE 19.05 – PRE-TRIAL AND HEARING RULES
A party filing a motion, brief, memorandum, or written argument must serve the opposing party and file proof of service at filing.
At the time of filing a motion, brief, memorandum or argument, a party shall serve upon the opposing party a copy of the papers filed, and file proof of such service with the clerk.
Page 1 | RULE 8 – CERTIFICATE OF SERVICE
Written filings must be served on opposing counsel or on unrepresented opposing parties who are not in default.
Every pleading, motion, brief, memorandum or argument in writing filed with the Court and Judge shall be served upon all opposing counsel or upon all parties not represented by counsel who are not in default.
Page 1 | RULE 8 – CERTIFICATE OF SERVICE
The Court must send a copy of the notice to the other parent.
The Court shall send a copy of the notice to the other parent.
Civil cases
Page 3 | Intent to Relocate
The Court mails hearing notices to counsel and unrepresented parties, while counsel must notify their clients of hearing dates.
The Court shall send written notice of all hearing dates to counsel and unrepresented parties by ordinary mail. Notice to counsel and unrepresented parties shall be at the address on pleadings or the mailbox in the Clerk of Courts office. It shall be counsel’s responsibility to notify their client of all hearing dates.
Page 1 | RULE 12 – OFFICIAL NOTIFICATION OF COUNSEL
Without a praecipe in a new case, the Clerk serves by certified mail and will not attempt service on an unknown party at an unknown address.
If a precipe is not included with a new case filing then the Clerk of Courts shall proceed with service by certified mail. The Clerk shall not attempt service on “unknown party” at an “unknown address,” even if presented with a precipe.
Page 1 | RULE 8 – CERTIFICATE OF SERVICE
The Guardian ad Litem must receive copies of all pleadings and notice of all hearings, and all judgment entries must be submitted for approval.
The Guardian ad Litem shall be served with copies of all pleadings and shall be provided notice of all hearings. All judgment entries shall be submitted to the Guardian ad Litem for approval.
Page 1 | RULE 19.10 – GUARDIAN AD LITEM
Service must comply with the Ohio Rules of Civil Procedure, and priority or overnight mail requests must include adequate postage.
All service shall be issued in accordance with Ohio Rules of Civil Procedure. Any request for priority or overnight mail shall be accompanied by appropriate an adequate postage.
Page 1 | RULE 8 – CERTIFICATE OF SERVICE
Counsel may file trial briefs at their discretion or at the Court’s request, and any submitted brief must be filed with the Clerk and furnished to opposing counsel.
In cases assigned for trial, counsel may, within their discretion, or upon the request of the Court, file trial briefs, outlining questions of law involved in the case. All trial briefs submitted to the Court shall be filed with the Clerk and shall be furnished to opposing counsel
Page 1 | RULE 14 – TRIAL BRIEFS
The Clerk must mail final appealable orders to counsel and parties within three business days after journalization.
All final appealable orders will be delivered to counsel, unrepresented parties and represented parties by the Clerk by regular U.S. mail within three (3) business days of journalization.
Page 1 | RULE 16 – ENTRIES
Filing Fees and Waivers
A party canceling a Sheriff’s sale after an order of sale issues must pay a $75 fee, except for a bankruptcy action.
In the event a party cancels a Sheriff’s sale (after Oder of Sale has issued), for any reason other than a bankruptcy action, a cancellation fee of $75.00 shall be assessed against the party cancelling said sale.
Page 1 | RULE 25 – FORECLOSURE – CANCELLATION OF SHERIFF’S SALE
Unless a motion to proceed In Forma Pauperis is filed and accepted by the Court or the Court waives deposit for costs, any document, pleading, motion, request, objection, petition or complaint filed without payment of the court cost deposit to the Clerk may be summarily stricken by the Court.
Unless a motion to proceed In Forma Pauperis is filed and accepted by the Court or the Court waives deposit for costs, any document, pleading, motion, request, objection, petition or complaint filed without payment of the court cost deposit to the Clerk may be summarily stricken by the Court.
Page 1 | RULE 4 – SECURITY FOR COSTS
Publication costs must be paid through the Clerk in advance before service by publication proceeds.
Counsel or parties requesting publication shall pay for the costs of publication directly through the Clerk of Courts. Upon filing a request for service of publication, the Clerk will notify counsel or parties requesting publication of the publication costs. Publication will not proceed until costs are paid in advance of said publication.
Page 1 | RULE 5 – SERVICE BY PUBLICATION
The listed filings and services require the specified court-cost deposits, including an additional $50 for cases requesting personal service.
Civil Complaint, Cross-Claim/Counterclaim, Third Party Complaint, Administrative Appeal$350.00 Civil Jury Fee Deposit$300.00 Execution on Certification of Judgement/Garnishment$80.00 Aid in Execution Writ of Possession and Debtors Examination$80.00 Cognitive Note$350.00 Service by Publication *See Rule 5 Petition for Certificate of Title$50.00 ForeclosureDeposit Amount Complaint$400.00 Praecipe for Order of Sale$500.00 Certificate of JudgmentDeposit Amount Filing From Another Court$25.00 State of Ohio (Includes Release)$7.25 Making & Filing$5.00 Filing Release, Satisfaction or Partial Satisfaction of Lien$5.00 Foreign Judgment$50.00 Domestic RelationsDeposit Amount Divorce With or Without Children$400.00 Dissolution With or Without Children$400.00 Cross-Claim, Counterclaim, & Third-Party Claims$400.00 Post-Judgment Motions$300.00 Motion With Consent Judgement Entry$225.00 Notice to Relocate$50.00 QDRO or DPRO$135.00 CriminalDeposit Amount Sealing/Expunging$50.00 Court of AppealsDeposit Amount Notice of Appeal$150.00 Personal ServiceDeposit Amount Additional Filing Fee for All Cases Requesting Personal Service (In Addition $50.00 to Above Stated Deposits)$50.00
Page 1 | RULE 4 – SECURITY FOR COSTS
A party seeking to reopen a case must pay prior costs and fees plus the deposit unless the Court permits otherwise.
No filings to re-open a case will be accepted unless all prior costs or fees have been paid by the party requesting to re-open the case, in addition to the deposit. A party may make a request to the Court for permission otherwise to this rule.
Page 1 | RULE 4 – SECURITY FOR COSTS
Fax or email filings requiring fees are not accepted until costs are paid by check, cash, or money order, and no extra charge applies to fax or email filing.
No document filed by facsimile or email filing that requires a filing fee shall be accepted by the Clerk for filing until court costs and fees have been paid. Court costs and fees must be paid by check, cash, or money order. Documents tendered to the Clerk without payment of court costs and fees will not be filed. No additional fee shall be assessed for facsimile or email filings.
Page 1 | RULE 23 – FAX & EMAIL FILING WITH THE CLERK
The online A-OK program costs $30, payable when completing the online order form.
The cost of the program is $30.00 and is paid when completing the online order form.
Page 1 | RULE 19.08 – ASSISTING OUR KIDS PROGRAM
The party paying or depositing money with the Clerk must pay the Clerk’s statutory commission unless the Court orders otherwise.
The commission charged by the Clerk of Courts pursuant to ORC Sec. 2303.20(V) shall be paid by the party paying or depositing money with the Clerk unless otherwise ordered by the Court.
Page 1 | RULE 4 – SECURITY FOR COSTS
Failure to attend court-ordered mediation without good cause may result in sanctions, including fees, costs, or contempt.
If any individual ordered by the Court to attend mediation fails to attend mediation without good cause, the Court may impose sanctions, which may include, but are not limited to, the award of attorney's fees and other costs, contempt, or other appropriate sanctions at the discretion of the assigned judge or magistrate.
Page 1 | RULE 19.12 – MEDIATION
If a check or other negotiable instrument for deposit for costs is dishonored for any reason, the filing may be dismissed by the Court after ten (10) days’ notice is given to the filer for failure to pay the required security for costs.
If a check or other negotiable instrument for deposit for costs is dishonored for any reason, the filing may be dismissed by the Court after ten (10) days’ notice is given to the filer for failure to pay the required security for costs.
Page 1 | RULE 4 – SECURITY FOR COSTS
The Court may assess mediation fees and costs, generally shared equally, but may waive them for an indigent party and may not order paid mediation for an indigent party.
The Court may impose upon the parties fees and costs for mediation. If there is a fee for mediation, unless otherwise agreed by the parties, the mediation fees shall be shared equally. The Court may waive fees and costs for an indigent party. Mediation shall not be ordered if a party is indigent, unless the mediation is available at no cost to the party.
Page 1 | RULE 19.12 – MEDIATION
Payment arrangements for a transcript must be made with the Court Reporter when the transcript is ordered.
Arrangements for the payment of the costs of transcripts shall be made with the Court Reporter at the time the transcript is ordered.
Page 1 | RULE 4 – SECURITY FOR COSTS
Partition attorney fees are generally capped by a tiered percentage schedule based on appraised value or sale price, but may be modified on application and proper showing.
Attorney fees allowed in partition cases as costs shall be predicated either upon the appraised value of the property, if partitioned, or upon the sale price, if sold, and shall not exceed the following: 10% of the first $1,000 6% of the next $4,000 4% of the next$10,000 2% of the balance as a general rule, but may be modified upon application and proper showing by any party.
Page 1 | RULE 20 – PARTITION
The Clerk may require an additional deposit when the existing cost deposit is insufficient.
If at any time the deposit for costs becomes insufficient in any case, the Clerk may require of the appropriate parties an additional deposit in an amount sufficient to secure the reasonably anticipated costs.
Page 1 | RULE 4 – SECURITY FOR COSTS
Sealing & Redaction Procedures
Sensitive personal information belongs in the separate family file; identifying information in documents filed in the public file must be redacted.
Documents filed in any case containing sensitive personal information shall be kept in a separate family file to be maintained by the Clerk of Courts in such manner and in such location as the Clerk deems appropriate. The family file shall contain the following items: he parties' DR-1, DR-2 and DR-3 affidavits and attachments thereto; Tax returns; Reports of psychological or custody evaluations; Medical reports; Reports of supervised parenting time or supervised parenting time exchanges; Reports of a home study evaluator or Guardian ad Litem; Reports of medical or drug testing; Copy of Application for Child Support Services (IV-D); Letters to the Court from the parties, the child(ren) and/or other individuals; Other items as directed by the Court. Upon motion of any party or upon the Court's own motion, other documents containing sensitive personal information may be ordered to be kept in the family file. If there are documents which are to be filed in the "public file" containing social security numbers or any other individual identifying information, the same shall be redacted on those documents in the "public file."
Page 1 | RULE 19.03 – FAMILY FILE
Mediation disclosures and information are confidential, subject to the stated reporting and safety exceptions.
All disclosures made or information received from any source or person during mediation shall be deemed confidential. In the absence of written consent of all parties, the mediator shall not be required to disclose any statements or discussions which occurred during mediation. The foregoing confidentiality requirements shall not be construed to exempt any person from the statutory duty to report child abuse pursuant to R.C. 2151.421, statements that a felony has been or is being committed, violent acts that occur during mediation, and threats of harm to other people.
Page 1 | RULE 19.12 – MEDIATION
Pre-Motion Conference Requirements
Outside domestic-relations matters, motion responses may be filed by day 14 and replies by day 21 after filing; the motion is then submitted without oral argument unless counsel requests argument in writing, and summary-judgment motions are excluded.
The opposing counsel or a party may file a response by the fourteenth day after the day on which the motion was filed. The moving party may file a reply brief by the twenty-first day following the day on which such motion was filed. On the twenty-first calendar day after the motion was filed, the motion shall be deemed submitted without oral argument unless requested in writing by counsel. This rule shall apply to all motions including motions for new trial, motions for judgment notwithstanding the verdict, and motions for reconsideration but shall not apply to motions for summary judgment.
Page 1 | RULE 6 – PLEADINGS AND MOTIONS
Counsel must confer in good faith with opposing counsel before serving a discovery motion to determine whether informal discussion can resolve the issue.
Before a party may serve any discovery motion, counsel must confer in good faith with opposing counsel to determine if informal discussion may resolve the discovery issue before filing said motion.
Page 1 | RULE 19.05 – PRE-TRIAL AND HEARING RULES
Counsel must exhaust extrajudicial means to resolve discovery disputes before filing discovery-related papers under Civil Rules 27 through 37.
No objections, interrogatories, motions, applications or requests related to discovery shall be filed under provision of Civil Rules 27 to 37 in the Court unless counsel have exhausted all extrajudicial means for the resolution of differences.
Page 1 | RULE 7 – INTERROGATORIES & PRODUCTIONS OF DOCUMENTS
Discovery interrogatories and requests should not be filed unless informal out-of-court discovery efforts are ineffective and a motion to compel is necessary.
It is also intended that Interrogatories and Requests shall not be filed with the Court except in those cases where informal, out-of-court attempts at discovery are ineffective and it becomes necessary to file a Motion to Compel Discovery under the provisions of Rule 37(A), Ohio Rules of Civil Procedure.
Page 1 | RULE 7 – INTERROGATORIES & PRODUCTIONS OF DOCUMENTS
Adjournment & Extension Requirements
A mediation continuance requires good cause and an agreed future date, generally cannot rest on pending motions, and will not be granted unless mediation can occur before final pretrial.
Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediation Services Coordinator or the Judge or Magistrate who referred the case. Except as authorized by the Court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.
Page 1 | RULE 19.12 – MEDIATION
Extensions of time to move or plead shall be granted for good cause shown upon motion and possible hearing, with notice to opposing counsel.
Extensions of time to move or plead shall be granted for good cause shown upon motion and possible hearing, with notice to opposing counsel.
Page 1 | RULE 11 – RULE DAYS AND EXTENSIONS
Chambers Communication Rules
A request to record a proceeding must be submitted in writing to the Court Administrator at least one court date beforehand, unless the judge waives notice for good cause.
Requests shall be made in writing and submitted to the Court Administrator as far in advance as possible, but not less than one court date prior to the courtroom session to be recorded. The judge may waive advance notice for good cause.
Page 1 | RULE 10 – BROADCASTING & PHOTOGRAPHING COURT PROCEEDINGS
If the Court permits telephone attendance at a pretrial or status conference, counsel must provide a direct phone number at least three days beforehand.
Pre-trial or status conferences may be held in person, by telephone, or by zoom, at the election of the Court. If the Court permits counsel to appear by telephone, counsel shall provide the Court with a direct phone number to reach counsel, at least three days prior to the pre-trial or status conference. Failure to provide a direct number within the time frame indicated may result in counsel being required to appear in person for the pre-trial or status conference, at the election of the Court.
Page 1 | RULE 13 – PRE-TRIAL PROCEDURE
To assist in the prompt and efficient administration of justice, the Court may require self-represented litigants to attend a free pro se clinic (copy costs may apply), if available, before filing any documents with the Clerk of Courts. Please contact the Court's Designee at the following telephone number to make arrangements to attend the Clinic: Court Administrator 419-399-8220 or at: lvance@pauldingcounty-oh.com
To assist in the prompt and efficient administration of justice, the Court may require self-represented litigants to attend a free pro se clinic (copy costs may apply), if available, before filing any documents with the Clerk of Courts. Please contact the Court's Designee at the following telephone number to make arrangements to attend the Clinic: Court Administrator 419-399-8220 or at: lvance@pauldingcounty-oh.com
Page 1 | RULE 19.06 – SELF-REPRESENTED LITIGANTS
The Clerk need not notify a sender of a failed fax filing, but may do so if practicable.
The Clerk of Courts is not required to send any form of notice to the sending party of a failed fax filing. If practicable, the Clerk of Courts may inform the sending party of a failed fax filing.
Page 1 | RULE 23 – FAX & EMAIL FILING WITH THE CLERK