Ross County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- By counsel’s agreement, a party may receive up to two leaves to move or plead, provided the total extension does not exceed 30 days.
- A party seeking an extension beyond the allowed consensual extension, or when the parties cannot agree, must file a written motion supported by an affidavit showing practical impossibility and good cause.
- On a party’s motion and for good cause, the Court may shorten or extend the time periods in Local Rules 10.02 and 10.03.
- +3 more
Request must include
Page & Word Limits1 rule
4. Electronic filings exceeding 20 (twenty) pages, including exhibits, shall be accompanied by a content summary of not more than two (2) pages, which shall be included in the count of total pages.
- Content summary
- Up to 2 pages
Document Format Requirements2 rules
Every pleading, motion and memorandum filed shall: 2. Be on paper not exceeding 8 ½ by 11 inches in size. 3. Have double-spaced type with the exception of legal descriptions and quotations, which shall be single-spaced.
- Line spacing
- Double
- Paper size
- Letter
- Pleading
- Motion
- Memorandum
Formatting
- •Paper must not exceed 8 ½ by 11 inches in size
All pleadings filed with the Court must be on paper not exceeding 8 ½ x 11 inches and double-spaced with the exception of legal descriptions and quotations which shall be single-spaced.
- Paper size
- Letter
- Pleading
Formatting
- •Paper must not exceed 8½ x 11 inches
Document Filing Requirements49 rules
A fax filing must include a cover page with the filer’s contact details and the specified transmission, court, case, judge, and document information.
- Document
- Fax filing
Must include
- •Case number
Court's wording
Cover Page: The person filing a document by fax shall also provide cover page containing the following information: 1. Name, address, telephone number, fax number, Ohio Supreme Court registration number for attorney, if applicable, and email address of the person filing the fax document; 2. Date and time of facsimile initiation; 3. Number of pages in the transmission, including the cover page; 4. Name of the court; 5. Case number and caption of the case; 6. Name of assigned judge, or if one has not been assigned, indicate this on the cover sheet; 7. Title of the document being filed.
A separately filed missing exhibit must have a signed cover sheet with the specified case and exhibit information and must be served under the rules for pleadings.
- Document
- Missing exhibit
Must include
- •Judge name
- •Case number
Court's wording
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.
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.
4. Electronic filings exceeding 20 (twenty) pages, including exhibits, shall be accompanied by a content summary of not more than two (2) pages, which shall be included in the count of total pages.
Every filed pleading, motion, and memorandum must identify filing counsel with the specified contact and registration information, including the responsible attorney at a law firm.
Court's wording
Every pleading, motion and memorandum filed shall: 1. Have typed or printed thereon the name, address, telephone number, and Supreme Court registration number of counsel filing the same and when the counsel is a firm of attorneys, a particular attorney within the firm having primary responsibility for the case.
For a criminal property bond, the defendant’s attorney or the surety’s attorney must provide the Clerk a title search certifying the listed property, ownership, value, lien, and tax information.
Court's wording
In all criminal cases where the defendant posts a property bond, his attorney or an attorney for the surety whose property is being used to secure the bond must provide the Clerk of Courts with a title search certifying the following: 1. A short description of the property, which must be located in Ross County, Ohio; 2. The names that appear on the deed; 3. The true value of the property, which must be twice the amount of the bond, as shown on the records in the county Auditor's Office; and 4. Whether there are any liens on file against the property, as no liens may exist; and 5. Whether the taxes on the property are paid up to date, as certified by the Ross County Treasurer.
A new mortgage foreclosure complaint will not be accepted unless counsel submits a completed, reviewed, and verified Property Description Approval Form with the initial filings.
Court's wording
No complaint for a new MORTGAGE FORECLOSURE case shall be accepted for filing unless counsel submits to the Clerk, along with the initial filings, a completed Property Description Approval Form reviewed and verified by the Ross County Engineer's Tax Map Office that the legal description of the real estate is accurate and recordable.
4. Include a prepared entry granting the relief sought for any motions filed.
Counsel or parties appearing IN PROPRIA PERSONA shall file with the Clerk of Courts and the Assignment Commissioner-Bailiff written notice of any change of address.
The first pleading after a new party is added must include that party’s name and address and the applicable new-party designation in its caption.
- Document
- First pleading after new party added
- Placement
- Caption
Court's wording
When a new party plaintiff or defendant is added to a case after the commencement of an action, the caption of the first pleading thereafter shall contain the name of the new party, together with the new party's address followed by a specific designation of "New Party Plaintiff" or "New Party Defendant" as is applicable.
Such consent shall be evidenced by Consent to Plead signed by all counsel and filed with the Clerk.
All motions not otherwise provided for herein or addressed by specific Court Order shall be accompanied by a brief stating the grounds therefore and citing the authorities relied upon for the motion.
All pleadings filed on behalf of one or more parties represented by counsel shall be signed by one attorney in his individual name as trial attorney, followed by the designation “trial attorney”.
At least seven days before trial, trial counsel must mark proposed documentary exhibits, provide copies and an exhibit list to all trial counsel and the Court, and noncompliance may result in sanctions including exclusion of evidence.
- Document
- Trial exhibits
Must include
- •Exhibit list
Court's wording
13.01 Not less than seven (7) days prior to trial, trial counsel shall cause to be marked as exhibits all documentary exhibits to be proposed as evidence at trial, shall provide copies of same to all trial counsel and to the Court, and shall provide a list of all exhibits so marked to all trial counsel and to the Court. Failure to comply with this rule may result in appropriate sanctions, including, but not limited to, exclusion of evidence.
Entries in civil and domestic cases must provide for payment and allocation of court costs, and the Clerk must reject noncompliant entries.
Court's wording
16.06 All entries in civil and domestic cases shall make provisions for payment of Court costs and shall specifically provide for allocation of any Court costs incurred over and above the cost deposit. The Clerk shall not accept for filing any entry that fails to comply with this rule.
16.07 All proposed Nunc Pro Tunc entries shall be accompanied by a motion specifying the proposed revisions.
Counsel preparing a directed final, appealable journal entry must provide the Clerk a list of persons entitled to notice and sufficient copies for mailing notice to each listed party.
Court's wording
16.05 Counsel directed by the Court to prepare and submit a journal Entry of a final, appealable order reflecting the findings and rulings of the Court shall provide for the Clerk of Courts a list of all persons entitled to notice, including the names and mailing addresses of all attorneys of record and names and addresses of all unrepresented parties not in default. Counsel shall also provide sufficient copies of said journal entry to the Clerk so that the Clerk may serve notice of the entry by mail upon each party listed.
16.04 In all Entries of Confirmation following foreclosure actions, counsel shall describe in detail the release of any liens and mortgages, including the volume and page number of any such release.
The pre-trial statement must include the specified asset, income, deduction, debt, living-expense, and statutory-information disclosures.
Court's wording
It is the Order of the Court that each of the parties herein serve upon opposing counsel and file with the Clerk of Courts not less than ten (10) days prior to pre-trial conference a pre-trial statement containing all the following information: 1. Itemized list of all assets of the parties together with appraisal value that will be supported by respective party's evidence; 2. Statement of total gross income indicating source, amount and nature thereof; 3. Statement of all deductions from gross income which, together with information provided in No. 2 above, will provide an accurate and fair representation of the party's net disposable income before living expenses and debts; 4. Itemized list of all debts of the parties indicating creditor, principal balance, periodic payment, anticipated rate of payoff, purpose, security, if any, and liability of respective parties thereon; 5. Statement of living expenses (without minor children) that will be supported by respective party's evidence; and 6. Other relevant information as contained in Ohio Revised Code Sections 3105.18 and 3109.05.
Each party must prepare a fair-and-reasonable proposal addressing the listed financial issues and accompany it with a supporting memorandum citing legal authority.
Court's wording
Each party shall also prepare a proposal, which he/she states is fair and reasonable, for division of assets, payment of debts, payment of periodic spousal support, and payment of child support (including medical expenses, etc.). The proposal shall be accompanied by a memorandum in justification of said proposal together with citations of legal authority supporting said proposal.
Pleadings must identify the Court, case, and trial counsel and include a completed Confidential Disclosure of Personal Identifiers Form with the specified information.
- Document
- Pleading
Must include
- •Case number
Court's wording
All pleadings filed in the Court must contain: a. The name of the Court; b. Proper style of the case; c. Number of the case; d. The name, address and phone number of the trial counsel, and e. Include a completed Confidential Disclosure of Personal Identifiers Form containing the full legal names, dates of birth, social security numbers and addresses for the party and any minor children involved in the action. The Confidential Disclosure of Personal
All separation agreements filed with the Court must be on a separate paper and styled as a separation agreement.
In the alternative to Subsection 1 and 2 herein, a party filing any pleading or motion where child support is to be ordered, shall also submit to the Court at the time of filing a completed worksheet with that party’s calculation of the child support under the Guidelines.
When requested in the complaint, answer or counter-claim, or by motion, upon satisfactory proof by affidavit duly filed with the Clerk of this Court, the Court or Magistrate without oral hearing and for good cause shown may grant spousal support pendente lite to either of the parties for his or her sustenance and expenses during suit and may make temporary orders regarding allocation of parental rights and responsibilities, support, maintenance and care of the minor children of the marriage, whether biological or by adoption, during the pendency of the action for divorce, annulment or legal separation, as provided for in Ohio Civil Rule 75 (N).
A contempt filing for failure to comply with a support order must include a Job and Family Services-certified computerized account-status statement, or the Clerk will refuse the filing.
Court's wording
All contempt filings for failure to comply with Court ordered support and/or spousal support shall be accompanied by a computerized statement of the status of the obligor's support and/or spousal support account certified by the Job and Family Services. The Clerk shall refuse any such filings not so complied with.
Also to be included in any pleadings is a completed financial affidavit, the form of which has been approved by the Court.
In all actions for divorce, dissolution and legal separation, or an answer or counterclaim thereto, a financial affidavit itemizing the parties' gross income from all sources, assets, living expenses, debts and liabilities shall be filed therewith.
Papers filed in a matter requiring an investigation into placement or allocation of parental rights and responsibilities must include complete street addresses for the relevant parties or persons.
Court's wording
Upon the filing of any matter in which an investigation is required for the placement or allocation of parental rights and responsibilities of minor children, a complete street address for the parties or persons having or seeking allocation of parental rights and responsibilities of minor children shall be included in any papers filed with the Clerk of this Court.
All orders effecting the periodic payment of spousal support or support, whether temporary orders or final decrees, shall be filed with the Clerk of this Court with a copy to South Central Ohio Job and Family Services. Counsel preparing such order shall provide an additional copy to be filed with the Job and Family Services.
A conspicuous fourteen-day counter-affidavit notice must appear in any complete, answer, counter-claim, or motion requesting temporary relief pending judgment.
Court's wording
The following notice shall be included in a conspicuous manner, in any complete, answer, counter-claim or motion requesting temporary relief pending judgment. NOTICE: YOU HAVE FOURTEEN (14) DAYS FROM THE DATE OF SERVICE WITHIN WHICH TO FILE ANY COUNTER AFFIDAVITS, INCLUDING, IF APPROPRIATE, SWORN SUPPORT WORKSHEETS.
A final divorce decree or post-decree journal entry ordering, modifying, or terminating child or spousal support must be accompanied by a completed Job and Family Services memo and a copy for the agency, or the Clerk will refuse it for filing.
Court's wording
A fully completed South Central Ohio Job and Family Services information memo, a copy of which is attached below, must accompany any final divorce decree and any post-decree journal entry, which orders, modifies or terminates child or spousal support. Further, counsel shall submit a copy of any such decree or journal entry for the Job and Family Services. The Clerk of this Court shall refuse for filing any such decree or journal entry not accompanied by a copy for Job and Family Services and a fully completed Job and Family Services memo.
Attendance of the class shall be evidenced to the Court by furnishing the Court with a certificate of completion in that party's name.
20.14 A petition or pleading filed pursuant to Ohio Revised Code Section 3113.31 shall contain the following information concerning the respondent: 1. Name; 2. Address; 3. Social Security Number; 4. Date of Birth; 5. Height; 6. Weight; 7. Hair; 8. Eyes; 9. Race; 10. Sex; and 11. Vehicle license number. The Clerk shall not refuse to accept a petition or pleading for filing on the grounds that it fails to contain all of the above-stated information except that the Clerk shall not accept a petition which does not contain the name and address of the respondent.
A party opposed to either the referral or the appointed mediator must file a written objection with the court within ten (10) days of entry of the referral and explain the reasons for any opposition.
If both parties are unrepresented, one of the parties shall present the mediation agreement to the court.
If a case is settled during mediation, the attorney for one of the parties shall prepare and submit to the Court an entry reflecting the fact of settlement as in any other case.
After partial settlement or other agreements during mediation, the parties must submit a joint statement identifying resolved issues and issues remaining for trial.
Court's wording
If some, but not all, of the issues in a case are settled during mediation, or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within twenty-one (21) days of the termination of mediation.
In order to request a CQE, the Petitioner shall file the approved Cover Sheet provided herein below with the Clerk of Courts for the Common Pleas Court where the Petitioner resides. The Petitioner shall include the DRC Electronic Petition Number on the Cover Sheet and
The parenting coordinator appointment order must state the listed appointment details and terms.
Court's wording
The Court's appointment order shall set forth all of the following: a. The name of the parenting coordinator and any contact information the Court may choose to include; b. The specific powers and duties of the parenting coordinator; c. The term of the appointment; d. The scope of confidentiality; e. The parties' responsibility for fees and expenses for services rendered by the parenting coordinator; and f. Parenting coordination terms and conditions.
If the parties cannot reach agreement, the parenting coordinator must issue an immediately effective written decision, provide copies to the parties and their attorneys, immediately file it, and include the listed information.
- Document
- Written decision
Must include
- •Caption
- •Case number
Court's wording
The parenting coordinator shall first attempt to assist the parties in reaching an agreement that resolves the dispute. If the parties are unable to reach an agreement, the parenting coordinator shall issue a written decision that is effective immediately. The parenting coordinator shall provide copies to the parties and their attorneys, if any. The decision shall be immediately filed with the Court and include all of the following: (1) Case caption, including the case number; (2) Date of the decision; (3) The decision of the parenting coordinator; (4) Facts of the dispute and facts upon which the decision is based; (5) Reasons supporting the decision; (6) The manner in which the decision was provided to the parties; (7) Any other necessary information.
A party may submit a complaint about the parenting coordinator to the Court Administrator within one year after the appointment ends, and the complaint must include the listed information.
- Document
- Complaint
Must include
- •Caption
- •Case number
Court's wording
c. A party to a case appointed to parenting coordination may file a complaint regarding the parenting coordinator within one year from the termination of the appointment. The complaint shall be submitted to the Court Administrator, and include all of the following: (1) The case caption and case number; (2) The name of the parenting coordinator; (3) The name and contact information for the person making the complaint; (4) The nature of any alleged misconduct or violation; (5) The date the alleged misconduct or violation occurred;
A fax filing is the effective original, but the filer must retain the signed source document and cover sheet and produce them on request through the end of the case and post-judgment relief.
Court's wording
A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Courts, but must maintain in his or her records, and have available for production on request by the court, the source document filed by fax with original signatures as otherwise required under the applicable rules and the source copy of the facsimile cover sheet used for the filing. 3. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
A signed document may be faxed with its physical signature or with an “/s/” notation and signer’s name, and the filer represents that the physically signed source is in their possession or control.
Court's wording
A party who wishes to file a signed source document by fax shall either: 1. Fax the signed source document; or 2. Fax 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. b. A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
Neither these forms nor entries shall be submitted to the Court for approval where consent to plead is proper and is obtained.
14.04 The attorney's certificate for legal services and affidavit of indigency shall be submitted within thirty (30) days of the termination of legal services and shall set forth an itemization of time and expenses involved. Said certificate shall also include the date of termination of services.
After receipt of the fully completed Job and Family Services memo and Job and Family Services copy of the decree or journal entry, the Clerk shall then forward these documents to South Central Ohio Job and Family Services by placing them in the CSEA box at the office of the Clerk of Courts.
A parenting coordinator must submit a resume documenting the specified compliance, update it after substantive changes, and notify the Court of changes to the listed contact information.
Court's wording
a. A parenting coordinator shall submit a resume to the Court documenting compliance with division 29.04(B) and, if applicable, division 29.04(C); provide an updated resume to the Court in the event of any substantive changes; and notify the Court of any changes to name, address, telephone number and, if available, electronic mail address contained in the resume.
b. On or before January 1st of each year, a parenting coordinator shall report to the Court a list of all continuing education training completed during the previous year pursuant to division 29.04(D), including the sponsor, title, date, and location of each training.
When the Court requests a written report, it must include the dates of parenting coordination sessions and whether they occurred or were terminated.
Court's wording
b. Upon request by the Court, the parenting coordinator shall prepare a written report including, but not limited to, all of the following: (1) Dates of parenting coordination session(s); (2) Whether the parenting coordination session(s) occurred or was terminated;
Filing & Service rules
Electronic Filing Rules
The Clerk will not accept the listed documents for fax filing, including filings over 10 pages or larger than 8 ½ x 11.
The following documents will not be accepted by the Clerk of Courts for fax filing: a. Filings commencing an action; b. Filings that require a cost deposit or fee; c. Filings that exceed 10 pages, including exhibits; d. Service copies; e. Any Court of Appeals filings; and f. Any document that is larger than 8 ½ x 11.
Page 9 | 3.03 FILING OF FACSIMILE COPY
The Clerk may reject a fax filing that lacks the required cover-page information or contains a document that is not accepted for fax filing.
If a document is sent by fax to the Clerk of Courts without the cover page information listed above, or if the transmission contains a filing that is not acceptable under 3.03(1) of these rules, the Clerk is authorized to reject the filing.
Page 10 | 3.03 FILING OF FACSIMILE COPY
Fax filings may not be sent directly to the court and must be transmitted through the Clerk of Courts’ facsimile equipment.
Fax filings may NOT be sent directly to the court for filing but may only be transmitted directly through the facsimile equipment operated by the Clerk of Courts.
Page 10 | 3.03 FILING OF FACSIMILE COPY
The Clerk will not accept electronic pleadings, motions, or responses exceeding 50 pages, including exhibits.
3. Electronic filings exceeding fifty (50) pages, including exhibits, shall not be accepted by the Clerk of Courts. This limitation shall apply to all pleadings, motions and responses thereto.
Page 11 | 3.04 ELECTRONIC FILING OF COURT DOCUMENTS
Depositions may not be submitted for electronic filing.
5. No depositions shall be submitted for electronic filing.
Page 11 | 3.04 ELECTRONIC FILING OF COURT DOCUMENTS
Electronic filings must substantially comply with the Local Rules and current Administrative Order, which the filing party or counsel must identify and follow.
2. All documents filed electronically shall conform substantially to the requirements of these Local Rules and the most current version of the Court's Administrative Order Regarding Electronic Filing of Court Documents. The filing party or, if represented, counsel, shall be responsible for determining the most current version of the Administrative Order and complying with it.
Page 11 | 3.04 ELECTRONIC FILING OF COURT DOCUMENTS
The Clerk need not notify the 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. However, if practicable, the Clerk of Courts may inform the sending party of a failed fax filing.
Page 10 | 3.03 FILING OF FACSIMILE COPY
The current Administrative Order governs filing procedures for court documents in civil, including domestic, cases in the General Division.
1. The Administrative Order Regarding Electronic Filing of Court Documents, as amended from time to time, governs practice and procedures to be followed regarding the filing of court documents in civil, including domestic, cases in the General Division of this Court.
Page 11 | 3.04 ELECTRONIC FILING OF COURT DOCUMENTS
The specified new-party caption option is not currently available through e-filing, though all other filings must comply with the rule.
This option is not currently available through e-filing, but all other filings must comply.
Page 14 | Rule 6 — Pleadings and Motions
Filing Timing and Cure Windows
Unless the court orders otherwise, a missing exhibit must be filed separately within five court days after the faxed document, or the court may strike the document or exhibit.
Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than 5 (five) court days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.
Page 10 | 3.03 FILING OF FACSIMILE COPY
An accepted fax filing is deemed filed when the Clerk time-stamps receipt, not when the fax was transmitted.
Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts 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 | 3.03 FILING OF FACSIMILE COPY
The opposing party must move or plead within 14 days after the pleading or amended pleading is filed.
The opposing party shall move or plead to the pleadings or amended pleadings so filed on or before the fourteenth (14th) day after such pleadings or amended pleading is filed.
Page 14 | Rule 7 — Rule Days
If no law or other rule sets the filing time, a pleading or amended pleading must be filed within 14 days after the entry requiring or granting leave, unless the entry specifies otherwise.
In all cases where the time for filing of pleadings or amended pleadings is not fixed by law or another rule, the pleading or amended pleading shall be filed on or before the fourteenth (14th) day after the date of entry requiring or granting leave for the filing of such pleading or amended pleading unless otherwise specified in the Entry.
Page 14 | Rule 7 — Rule Days
When an agency demand or request is a prerequisite to preparing or filing the record transcript, the appellant must file it with the agency when filing the notice of appeal, unless a Supreme Court rule or law provides otherwise.
17.03 In all cases in which demand or request to the agency by the appellant is a prerequisite to the preparation or the filing of the transcript of the record by the agency, such demand or request shall be filed by the appellant with the agency at the time of filing the notice of appeal, unless otherwise provided by Rule of the Supreme Court or by law.
Page 20 | Rule 17 — Appeals
Each party must serve opposing counsel and file a pre-trial statement with the Clerk at least ten days before the conference.
It is the Order of the Court that each of the parties herein serve upon opposing counsel and file with the Clerk of Courts not less than ten (10) days prior to pre-trial conference a pre-trial statement containing all the following information:
Page 21 | 20.02 PRE-TRIAL CONFERENCES
The responding party must submit a completed worksheet with its child-support calculation within 14 days after service of the original pleading or motion.
The responding party shall submit to the Court, within fourteen (14) days of the service of the original pleading or motion, a completed worksheet with the responding party’s calculation of child support under the Guidelines.
Page 24 | 20.08 PRELIMINARY ORDERS AND PROCEDURE
The parenting coordinator must immediately file the decision with the Court.
The decision shall be immediately filed with the Court
Page 55 | Parenting Coordination
If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten days after the first objections are filed.
If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten days after the first objections are filed.
Page 55 | Parenting Coordination
A party may file written objections to a parenting coordinator's decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.
A party may file written objections to a parenting coordinator's decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.
Page 55 | Parenting Coordination
A party may submit a complaint regarding the parenting coordinator to the Court Administrator within one year after the appointment ends.
c. A party to a case appointed to parenting coordination may file a complaint regarding the parenting coordinator within one year from the termination of the appointment. The complaint shall be submitted to the Court Administrator, and include all of the following:
Page 56 | Parenting Coordination
The sender bears all risks of fax filing and is urged to verify that the Clerk received the filing.
The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available.
Page 11 | Facsimile filing
The Clerk may acknowledge receipt of a facsimile transmission but is not required to do so.
12. The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.
Page 11 | Facsimile filing
The opposing party may file counter affidavits within 14 days after service of the complaint, answer, counter-claim, or motion.
Counter affidavits may be filed by the opposing party within fourteen (14) days from the service of the complaint, answer, counter-claim or motion, and all affidavits shall be used by the Court or Magistrate, together with the divorce investigator’s report, in making a temporary spousal support, allocation of parental rights and responsibilities, support and care order;
Page 24 | 20.08 PRELIMINARY ORDERS AND PROCEDURE
Service and Proof of Service Rules
Service on counsel is complete the day after placement in the notice boxes, but this rule applies only to Courts No. 1 and 2 of the Ross County Common Pleas Court General Division.
Service on counsel shall be considered complete on the day following placement therein. This rule applies only to the operation of Court No. 1 and 2, Ross County Common Pleas Court General Division.
Page 8 | RULE 1 — EFFECTIVE DATE
A separately filed missing exhibit must be served in accordance with the rules governing service of pleadings in the court.
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.
Page 10 | 3.03 FILING OF FACSIMILE COPY
The extension motion and affidavit must be served on opposing counsel, and the assigned Judge will set a time to hear the matter.
The motion and affidavit shall be served upon opposing counsel and the matter shall be heard at a time to be fixed by the Judge to whom the case is assigned.
Page 14 | Rule 7 — Rule Days
An application for substitution or withdrawal must be written, served on the client, show good cause, and comply with terms imposed by the Court.
Upon written application for substitution or withdrawal served upon the client and showing of good cause and upon such terms as the Court shall impose.
Page 15 | RULE 9 — WITHDRAWAL OF TRIAL ATTORNEY
A trial attorney may be substituted by filing and serving a notice signed by the withdrawing attorney, the client, and the substitute trial attorney.
Upon filing with the Court and service on all other parties of a notice of a substitution of trial attorney signed by the withdrawing attorney, the client and a substitute trial attorney; or
Page 15 | RULE 9 — WITHDRAWAL OF TRIAL ATTORNEY
A movant may serve a reply to a response to any written motion within 7 days after service of the response.
A movant's reply to a response to any written motion may be served within seven (7) days after service of the response to the motion.
Page 16 | RULE 10 — HEARINGS AND SUBMISSION OF MOTIONS
A response to a written motion other than a summary judgment motion may be served within 14 days after service of the motion.
Responses to a written motion, other than motions for summary judgment, may be served within fourteen (14) days after service of the motion.
Page 16 | RULE 10 — HEARINGS AND SUBMISSION OF MOTIONS
Responses to motions covered by this rule follow Local Rule 10.02, but movants may not serve a reply.
Responses to such motions may be served as provided in Local Rule 10.02; however, a movant's reply to the response is not permitted.
Page 16 | RULE 10 — HEARINGS AND SUBMISSION OF MOTIONS
Unless Ohio law or a Court Order sets a different period, a written motion for a nontrial hearing must be served at least 14 days before the hearing, and a written motion for trial must be served at least 28 days before trial begins.
Unless a different period is fixed under Ohio law or by Court Order, a written motion for purposes of a hearing that is not a trial shall be served no later than fourteen (14) days prior to the hearing, and a written motion for purposes of a trial shall be served no later than twenty-eight (28) days prior to the start of trial.
Page 16 | RULE 10 — HEARINGS AND SUBMISSION OF MOTIONS
A response to a summary judgment motion may be served within 28 days after service of the motion.
Responses for motions for summary judgment may be served within twenty-eight (28) days after service of the motion.
Page 16 | RULE 10 — HEARINGS AND SUBMISSION OF MOTIONS
Each party must serve the pre-trial statement on opposing counsel at least ten days before the conference.
It is the Order of the Court that each of the parties herein serve upon opposing counsel and file with the Clerk of Courts not less than ten (10) days prior to pre-trial conference a pre-trial statement containing all the following information:
Page 21 | 20.02 PRE-TRIAL CONFERENCES
The attendance notice, scheduling telephone number, and excusal reasons must be served with the summons or motion, with counsel responsible for notice in represented dissolutions and the Clerk responsible in pro se dissolutions.
Notice of the attendance requirement, a telephone number for the party to contact in order to set up the scheduled class attendance, and a listing of the reasons for which attendance may be excused shall be provided by the Clerk and served with summons or the motion. In dissolutions, where one party is represented by counsel, counsel shall be responsible for furnishing this required notice to the other party. In pro se dissolutions, the Clerk shall furnish the information to the party or parties filing the dissolution.
Page 37
For specified divorce, annulment, or legal separation actions where the plaintiff proceeds in forma pauperis, the Clerk must post notice at three stated locations for six consecutive weeks.
The Clerk of this Court shall cause service of notice in all divorce, annulment or legal separation actions in which the plaintiff is proceeding *In Forma Pauperis* pursuant to Rule 4.4, Ohio Rules of Civil Procedure, to be made by posting one copy of such notice in the office of the Clerk of Courts of Common Pleas, Ross County, Ohio, one copy to be posted in the first floor of the Chillicothe Municipal Court Building, 95 East Main Street, Chillicothe, Ohio, and one copy to be posted in the first floor of the Ross County Annex, 475 Western Avenue, Chillicothe, Ohio, for six (6) consecutive weeks
Page 38 | 20.15 PUBLICATION
The Clerk must send appropriate notice and response forms to the Ross County Prosecuting Attorney.
The Clerk of Courts shall also send appropriate notice and response forms to the Ross County Prosecuting Attorney.
Page 47 | 26.03 PROCESSING AND REVIEW
The Clerk must send notice and response forms to each identified court by ordinary U.S. mail, facsimile, or email.
The Clerk of Courts shall send appropriate notice and response forms to each court identified. Such Notice shall be sent via ordinary US mail, facsimile or e-mail.
Page 47 | 26.03 PROCESSING AND REVIEW
The Court must provide the Petitioner written notice of the Court’s Decision and Judgment Entry.
The Court shall provide a written notice to the Petitioner of the Court's Decision and Judgment Entry.
Page 48 | 26.04 NOTICE OF DECISION
The Court must notify the DRC of the Petition’s disposition as required by the Administrative Rules and, if the Petition is granted, order the DRC to issue the CQE.
The Court shall also notify the DRC of the disposition of the petition as required under the Administrative Rules, and if granted order the DRC to issue the CQE to Petitioner.
Page 48 | 26.04 NOTICE OF DECISION
When the parties cannot reach agreement, the parenting coordinator must provide copies of the written decision to the parties and their attorneys, if any.
The parenting coordinator shall first attempt to assist the parties in reaching an agreement that resolves the dispute. If the parties are unable to reach an agreement, the parenting coordinator shall issue a written decision that is effective immediately. The parenting coordinator shall provide copies to the parties and their attorneys, if any.
Page 55 | Parenting Coordination
If a party timely files objections, any other party filing objections must serve all other parties no later than ten days after the first objections are filed.
If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten days after the first objections are filed.
Page 55 | Parenting Coordination
A party may file written objections to a parenting coordinator's decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.
A party may file written objections to a parenting coordinator's decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.
Page 55 | Parenting Coordination
The Clerk serves notice of the final, appealable journal entry by mail on each party listed by counsel.
16.05 Counsel directed by the Court to prepare and submit a journal Entry of a final, appealable order reflecting the findings and rulings of the Court shall provide for the Clerk of Courts a list of all persons entitled to notice, including the names and mailing addresses of all attorneys of record and names and addresses of all unrepresented parties not in default. Counsel shall also provide sufficient copies of said journal entry to the Clerk so that the Clerk may serve notice of the entry by mail upon each party listed.
Page 19 | Rule 16
Filing Fees and Waivers
Filing fees and costs are set by the Clerk of Courts’ Filing Fee and Cost Schedule.
4.01 Filing fees and costs in the Court of Common Pleas shall be as set forth in the Filing Fee and Cost Schedule maintained by the Clerk of Courts.
Page 11 | RULE 4 — COURT COSTS
A $10 additional charge applies with a restraining order.
There will be an additional ten-dollar ($10) charge with a restraining order.
Page 11 | 4.01 Filing fees and costs
A per-page fee applies to documents submitted by fax for filing, as set by the Clerk’s Filing Fee and Cost Schedule, and is added to the case.
14. Fees: The per page fee for submitting by fax a document for filing shall be in accordance with the Filing Fee and Cost Schedule maintained by the Clerk of Courts and added to the case.
Page 11 | Facsimile filing
A $35 special projects fee is assessed in addition to other costs when each criminal cause, civil action or proceeding, or judgment by confession is filed.
4.08 Special Projects Fee: For the efficient operation of the Court, a fee of thirty-five ($35.00) is assessed, in addition to all other Court Costs, on the filing of each criminal cause, civil action or proceeding, or judgment by confession, to acquire and pay for special projects of the Court.
Page 12 | 4.08 Special Projects Fee
A qualifying party who demonstrates inability to pay and files the specified affidavit may file a complaint or listed claim without depositing or securing costs.
4.04 Waiver of Court Costs for Indigent Party: Where any party required by this Rule to deposit or secure costs by affidavit shows inability to pay for secured costs and requests to be determined an indigent litigant by filing a Financial Disclosure/Fee Waiver Affidavit as found in the Appendix of Forms of the Ohio Rules of Civil Procedure and available from the Clerk of Courts, the Clerk shall receive and file the complaint, counter, cross or third party claim without such deposit or security.
Page 12 | 4.04 Waiver of Court Costs for Indigent Party
A party requesting a witness subpoena must deposit the prescribed witness-fee amount when filing the subpoena request.
4.06 Witness Fees: A Party requesting the issuance of subpoenas for a witness shall deposit at the time of filing the Request for Subpoena the appropriate amount under the Witness Fees Statutes or Rules of Civil Practice.
Page 12 | 4.06 Witness Fees
The Clerk may seek judicial review of an indigency filing; if the request is denied, the party has 30 days to provide the deposit or personal security before dismissal or other action.
However, the Clerk may request the Judge of the Court to which the case is assigned to review any such matter offered for filing. If the Court denies the request, the requesting party shall have thirty (30) days to make the required deposit or personal security prior to dismissal or other action on the filing of the civil action or proceeding or the defendant's responsive action.
Page 12 | 4.04 Waiver of Court Costs for Indigent Party
The Clerk must charge an additional $6 fee when filing each cause of action or appeal covered by the cited statutory divisions.
4.09 Court Computerization & Legal Research Fee: For the efficient operation of the Court, the Clerk shall charge one additional fee of $6.00 on the filing of each cause of action or appeal under divisions (A), (Q), and (U) of Section 2303.20 of the Revised Code to computerize the Court and to make available legal research services.
Page 12 | 4.09 Court Computerization & Legal Research Fee
Required deposits must be paid when filing, including counter, cross, and third-party claims, except when the litigant is indigent under the cited statute.
4.03 All deposits set forth in the Filing Fee and Cost Schedule maintained by the Clerk of Courts shall be paid at the time of filing, including filings of counter, cross or third party claims, except when the litigant is indigent, as provided in Section 2323.311 of the Revised Code.
Page 12 | RULE 4 — COURT COSTS
The Clerk must charge an additional $20 fee on the filing of each cause of action or appeal.
4.10 Clerk Computerization Fee: For the efficient operation of the Court, the Clerk shall charge an additional fee of $20.00 on the filing of each cause of action or appeal, on the filing, docketing
Page 12 | 4.10 Clerk Computerization Fee
The advance cost-security deposit is waived for actions brought on behalf of Ross County, a Ross County municipality, or South Central Ohio Job and Family Services.
4.05 Other Waiver of Court Costs: Any advanced deposit as security for costs normally required prior to filing a suit in this Court, as provided for by Rule 4.01, shall be waived when an action is commenced for and on behalf of Ross County, a municipality within Ross County, or South Central Ohio Job and Family Services.
Page 12 | 4.05 Other Waiver of Court Costs
An advance appraisal-fee deposit, in the amount set by the Clerk’s schedule, is required when filing each foreclosure judgment entry.
4.07 Appraisal Fee: An advance deposit for the payment of appraisal fees shall be required upon the filing with the clerk of all Judgment Entries of Foreclosure. The appraisal fee shall be in the amount set forth in the Filing Fee and Cost Schedule maintained by the Clerk of Courts.
Page 12 | 4.07 Appraisal Fee
If a jury view is requested in a civil case, an additional cost deposit payable to the Clerk is required with the initial filings.
An additional cost deposit payable to the Clerk of Courts is required at the time of the initial filings, if a jury view is requested in a civil case.
Page 13 | Rule 4 — Court Costs
A jury deposit is required with the initial filings when a jury is demanded.
A jury deposit is required at the time of the initial filings in all cases in which a jury is demanded.
Page 13 | Rule 4 — Court Costs
The Petitioner must pay the deposit specified in the Clerk of Courts’ Filing Fee and Cost Schedule before 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 set forth in the Filing Fee and Cost Schedule maintained by the Clerk of Courts.
Page 47
On request, the Clerk shall furnish copies of pleadings in pending cases for the Clerk's usual copying fee.
In cases pending in which the parties or their counsel shall deem it necessary to have copies of pleadings, the Clerk shall, on request, furnish copies in accordance with the usual fee charged by the Clerk's Office for making copies.
Page 8 | RULE 3 — CLERK OF COURT
Requested copies are furnished by the Clerk upon payment of the usual fee.
Court, shall, on demand, be furnished by the Clerk upon payment of the usual fee therefore.
Page 9
If the Trial Judge is informed that a deposit is insufficient, the Judge may require it to be increased.
4.02 If it is brought to the attention of the Trial Judge that any deposit is insufficient, the Trial Judge may require the said deposit to be increased from time to time.
Page 11 | RULE 4 — COURT COSTS
Of the deposit for instituting a suit, $50 is allocated to the Ross County Mediation Fund.
Fifty dollars ($50) of deposits for instituting suits shall be placed in the Ross County Mediation Fund.
Page 11 | 4.01 Filing fees and costs
If costs remain unpaid when litigation ends, the Clerk applies any cost deposit to those unpaid costs.
If costs are not paid at the termination of the litigation, any deposit for costs shall be applied by the Clerk to the unpaid costs.
Page 11 | 4.01 Filing fees and costs
The appraisal fee must be promptly returned if the appraisal is canceled.
In the event the appraisal is canceled, this fee shall be promptly returned.
Page 12 | 4.07 Appraisal Fee
The Court Reporter may require a deposit in an amount deemed necessary to cover transcript preparation costs unless the Court orders otherwise.
19.01 The Court Reporter shall have full authority to require a deposit in such amount as is deemed necessary to cover the cost of preparation, unless otherwise ordered by the Court.
Page 19 | Rule 19 — Transcripts
When a party's affidavit shows inability to pay or secure costs, the Clerk must receive and file the documents without deposit or security as provided in Sections 4.03 and 4.04.
2. Where a party by affidavit shows inability to pay or secure costs, the Clerk shall receive and file the documents without deposit or security as provided in Sections 4.03 and 4.04 of these local rules.
Page 20 | Rule 20 — Domestic Relations Practice, 20.01 Filing Costs
Filing fees and costs in domestic relations matters are set by the Clerk of Courts' Filing Fee and Cost Schedule.
1. Filing fees and costs for all domestic relations matters shall be as set forth in the **Filing Fee and Cost Schedule** maintained by the Clerk of Courts.
Page 20 | Rule 20 — Domestic Relations Practice, 20.01 Filing Costs
Of costs deposited under this rule, $50 must be deposited in the Ross County Mediation Fund, except for an investigation.
3. Fifty dollars ($50.00) of all costs deposited pursuant to this Rule, except for an investigation, shall be deposited in the Ross County Mediation Fund.
Page 20 | Rule 20 — Domestic Relations Practice, 20.01 Filing Costs
The deposit may be paid using any form of payment otherwise accepted by the court where the Petition is filed.
Payment of this deposit may be made in any form otherwise accepted in the court of filing.
Page 47
Sealing & Redaction Procedures
Once filed, the Confidential Disclosure of Personal Identifiers Form must be sealed in an envelope designated “Confidential” by the Clerk.
Once filed, The Confidential Disclosure of Personal Identifiers Form shall be sealed in an envelope designated as “Confidential” by the Clerk.
Page 24 | 20.07 PLEADINGS
Social security numbers and other information that must be excluded from the public record 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 47 | 26.03 PROCESSING AND REVIEW
Adjournment & Extension Requirements
A party seeking an extension beyond the allowed consensual extension, or when the parties cannot agree, must file a written motion supported by an affidavit showing practical impossibility and good cause.
Where an additional extension of time beyond that provided herein is needed or where the parties cannot agree upon an extension of time, the party desiring the extension shall file a written motion supported by an affidavit stating facts indicating the practical impossibility of pleading within the rule and demonstrating good cause for further extension.
Page 14 | Rule 7 — Rule Days
After receiving all requested information, the Judge must decide the Petition within sixty days unless the Petitioner requests and is granted an extension.
Once all information requested has been received, a Judge shall decide whether to Grant or Deny the Petition within sixty days, unless Petitioner requests and is granted an extension of time.
Page 48 | 26.03 PROCESSING AND REVIEW
By counsel’s agreement, a party may receive up to two leaves to move or plead, provided the total extension does not exceed 30 days.
By agreement of counsel, any party may be permitted two (2) leaves to move or plead provided the total extension of time does not exceed thirty (30) days.
Page 14 | Rule 7 — Rule Days
On a party’s motion and for good cause, the Court may shorten or extend the time periods in Local Rules 10.02 and 10.03.
Upon motion of a party in an action, and for good cause, the Court may reduce or enlarge the period of time provided in Local Rules 10.02 and 10.03.
Page 16 | RULE 10 — HEARINGS AND SUBMISSION OF MOTIONS
When filing deadlines are set by statute or Supreme Court rule, the assigned Judge may grant an extension in writing after notice to opposing counsel or the party.
17.01 Where the time for filing bills of exceptions, assignments of error and briefs are fixed by statute or by Rule of the Supreme Court, they shall be filed within such time or extension thereof as may be granted in writing by the Judge to whom the case is assigned after notice to opposing counsel or party.
Page 19 | Rule 17 — Appeals
The assigned Judge may grant an extension by Entry for good cause shown after notice to all parties.
17.02 Extensions of time may be granted by Entry by the Judge to whom the case is assigned for good cause shown after notice to all parties.
Page 19 | Rule 17 — Appeals