Tuscarawas County Court of Common Pleas, General Division Document Filing Requirements

CRITICAL

Applies to

Mediation outcome report

The Mediation Outcome Report must state whether and to what extent the case settled, whether another conference is needed and its proposed date, and any party or attorney failure to attend.

The Mediation Outcome Report shall state: 1. Whether the case settled and, if a settlement involves less than all parties or issues in the case, which parties or issues have settled; 2. Whether an additional mediation conference is needed and the proposed ===== PAGE 8 ===== date to reconvene; and 3. Any failure of a party or the party’s attorney to attend the mediation conference.

CRITICALCriminal cases

Applies to

Withdrawal motion

Counsel may withdraw only with court permission, by written motion, and withdrawal is not effective until reflected in a judgment entry.

An attorney may not withdraw from representation without the permission of the Court. An attorney who desires to withdraw from representation of the defendant shall file a written motion with the Court. An attorney is not deemed to have withdrawn from the representation until it is reflected in a judgment entry.

CRITICALCriminal cases

Applies to

Counsel appointment

Appointment of counsel must be reflected in a judgment entry.

The appointment shall be reflected in a judgment entry.

CRITICALCivil cases

Applies to

Preliminary judicial report

The Preliminary Judicial Report must comply with R.C. 2329.191(B) and be effective within 30 days before the complaint or other pleading requesting a judicial sale is filed.

The Preliminary Judicial Report must comply with the requirements found in R.C. 2329.191(B) and must be effective within 30 days prior to the filing of the complaint or other pleading requesting a judicial sale.

CRITICALCivil cases

Applies to

Final judicial report

Before submitting an order or judgment entry ordering a real-estate sale, the submitting party must file an updated Final Judicial Report containing the specified lis pendens and third-party-interest statements.

Prior to submitting any order or judgment entry to the Court that would order the sale of the real estate, the party submitting the order or entry shall file a Final Judicial Report that updates the Preliminary Judicial Report and complies with the requirements found in R.C. 2329.191(B). The Final Judicial Report shall state that the report has been extended through the date of lis pendens found in R.C. 2703.26 and that no third party has acquired an interest since the date of the original report.

CRITICALCivil cases

Applies to

Praecipe for order of sale

A party filing a Praecipe for Order of Sale must attach a completed Property Description Approval Form approved by both the County Map Office and County Auditor’s Office.

Any party filing a Praecipe for Order of Sale with the clerk of courts shall attach to it a completed “Tuscarawas County Sheriff’s Office Property Description Approval Form” that has been approved by the Tuscarawas County Map Office and Tuscarawas County Auditor’s Office.

CRITICALCivil cases

Applies to

Proposed confirmation of sale entry

The proposed Confirmation of Sale Entry must state the statutory amounts, prorated taxes and assessments matching the sheriff’s Tax Verification Worksheet, discharge those amounts from sale proceeds, and include court costs.

The proposed Confirmation of Sale Entry shall provide the amounts provided in R.C. 323.47(B)(1), including the amount of any assessments and taxes pro-rated to date of sale, and provide that these amounts be discharged out of the proceeds of the sale. The amount of pro-rated taxes and assessments shall be the same as the amounts on the Tax Verification Worksheet “Per Parcel,” which shall be obtained from the sheriff. The proposed Confirmation of Sale Entry must also include Court costs.

CRITICALCivil cases

Applies to

Certificate of service

Must include

certificate of service

The party ordering a sheriff’s sale must file a certificate of service stating how notice of sale was sent to appearing parties.

The Court will not confirm any sheriff’s sale until the party ordering the sale has filed a certificate of service of notice of the sale stating that the notice of the sale has been sent to all parties who have appeared in the action, by ordinary mail to their last known address, or their attorney of record.

CRITICALCivil cases

Applies to

Deed

The deed must comply with R.C. 2329.36 and be delivered to the Sheriff’s Office for the sheriff’s signature.

The deed shall conform to the requirements of R.C. 2329.36 and shall be delivered to the Sheriff’s Office for signature by the sheriff.

CRITICALCivil cases

Applies to

Receiver report

A receiver must file a report within the time specified by the Court after appointment, including an inventory, appraisal, and account of receipts and expenditures to date.

Within a time period specified by the Court after being appointed, the receiver shall file a report to the Court, submitting the inventory and appraisal, including an account of receipts and expenditures to date.

CRITICALCivil cases

Applies to

Receiver report

A receiver must file receipts-and-disbursements reports with supporting documentation within three months after appointment or at other times directed by the Court.

A receiver shall file reports of ===== PAGE 4 ===== receipts and disbursements with supporting documentation of the receiver’s actions and transactions within three months after the date of appointment or at such other times as the Court may direct.

CRITICALCivil cases

Applies to

Motion and proposed entry

A party seeking personal service by a special process server must file a motion and proposed entry identifying the server and stating that the server is at least 18 and is not a party or counsel.

If a party wants personal service to be made by a special process server under Ohio Civil Rule 4.1, that party must file a motion to appoint a special process server. The party must also submit a proposed entry. The motion and the entry must state the following: 1. The name of the person to be appointed as process server; 2. That the person to be appointed as process server is 18 years of age or older; and 3. That the person to be appointed as process server is not a party or counsel for a party in the action.

CRITICALCivil cases

Applies to

Standing process server application and affidavit

An application to become a standing process server must be supported by an affidavit stating the applicant’s contact details, age, specified relationship restrictions, and agreement to follow applicable service rules and court instructions.

A person may apply to be designated as a standing process server for cases filed in this court by filing an application supported by an affidavit setting forth the following information: a. The name, address, and telephone number of the applicant; b. That the applicant is 18 years of age or older; c. That the applicant agrees not to attempt service of process in any case in which the applicant is a party, counsel for a party, or related to a party by blood or marriage; d. That the applicant agrees to follow the requirements of Ohio Civ.R. 4 through 4.6, any applicable Local Rules, and specific instructions for service of process as ordered by the Court in individual cases.

CRITICALCivil cases

Applies to

Proposed order

Must include

caption

The proposed standing order must use the specified caption, including the applicant’s name.

proposed standing Order captioned “In Re The Appointment of (name of applicant) As Special Process Server.”

CRITICALCivil cases

Applies to

Proposed order

The order must contain the specified language designating the applicant as a standing special process server.

The Order shall state as follows: “It appearing to the Court that the following applicant has complied with Local Rule 12.04, (name of applicant) is hereby designated as a Standing Special Process Server authorized to make service of process in all cases filed with the Court for one year from the filing of this Order.”

CRITICALCivil cases

Applies to

Order

The Administrative Judge must sign the order.

The Order shall be signed by the Administrative Judge.

CRITICAL

Applies to

Court filing

Must include

case number

Case numbers on pleadings, motions, and other filings must use the format specified by the rule.

All case numbers on pleadings, motions and other court filings shall appear as follows:

CRITICAL

Applies to

Initial non criminal filing

Every initial non-criminal filing must include a Case Designation Form available from the clerk of courts.

Every initial, non-criminal filing shall be accompanied by a Case Designation Form, which can be obtained in the office of the clerk of courts.

CRITICAL

Applies to

Case designation form

For the specified complaints and domestic-relations motions, the Case Designation Form must include the caption, related cases, and a case type selected from the form.

For all complaints, post- decree motions filed in domestic relation matters or motions that reopen a domestic case, the form shall include the caption, related pending or closed cases, and indicate one of the case types provided on the form.

CRITICAL

Applies to

Initial non criminal filing

The clerk of courts must refuse to accept a case for filing if it does not comply with Rule 2.03.

The clerk of courts shall refuse to accept for filing any case that does not conform to this rule.

CRITICAL

Applies to

Pleading or motion to reopen

The caption of every pleading and motion to reopen a case must list the parties’ addresses, phone numbers, and email addresses.

On all pleadings and motions to reopen a case, the address, phone number, and email address of the parties shall be listed in the caption.

CRITICAL

Applies to

Notice of change of address

A party whose address changes while a case is pending must file a written Notice of Change of Address with the clerk.

If a party’s address changes while the case is pending, the party shall report the change to the clerk of courts by filing a written Notice of Change of Address.

CRITICAL

Applies to

Pleading or motion

Individuals without legal counsel must include their telephone number and email address on every pleading and motion filed with the court.

All individuals who are not represented by legal counsel shall include their telephone number and email address on all pleadings and motions filed with the Court.

CRITICAL

Applies to

Pleading motion or filing

Every attorney signature block on a pleading, motion, or filing must include the attorney’s Supreme Court of Ohio registration number.

The attorney signature blocks of all pleadings, motions and filings shall include the attorney registration number assigned by the Supreme Court of Ohio.

CRITICAL

Applies to

Motion

Every motion must include a brief or memorandum stating its grounds and citing relevant authorities.

All motions shall be accompanied by a brief or memorandum stating the grounds for the motion and citing relevant authorities.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions on the non-oral docket must include a proposed judgment entry in accordance with Local Rule 2.15.

All motions on the non-oral docket shall also be accompanied by a proposed judgment entry in accordance with Local Rule 2.15.

CRITICAL

Applies to

Motion

A party seeking oral argument must make a written request; the motion must state why a hearing is necessary in its body and place “Oral Hearing Requested” in its caption.

Oral argument upon a motion will not be held unless written request is made by the party submitting or opposing the motion. The reasons for the necessity of an oral hearing shall be stated in the body of the motion, and the words “Oral Hearing Requested” shall be placed in the caption of the motion.

CRITICAL

Applies to

Request for service

A Request for Service may be filed separately or at the end of the pleading or motion and must state the full names and addresses of those to be served.

The Request for Service may be filed as a separate document or at the end of the pleading or motion. Every Request for Service must state the full names and addresses of those to be served.

CRITICAL

Applies to

Pleading or motion

Must include

certificate of service

A pleading or motion must contain a Proof of Service stating that opposing counsel or unrepresented parties received a copy and listing each person served by full name and address.

The pleading or motion must contain a Proof of Service, which is a statement notifying the Court that the opposing counsel or unrepresented parties have been sent or given a copy of the document. Every Proof of Service must state the full names and addresses of those served.

CRITICAL

The Court will not consider a filing lacking a correct Request for Service, Proof of Service, or Waiver of Service.

No filing without a correct Request for Service, Proof of Service, or Waiver of Service will be considered by the Court.

CRITICAL

Applies to

Amended pleading

A pleading or motion may not be amended by interlineation or obliteration, and an amended pleading must be re-filed in its entirety.

No pleading or motion shall be amended by interlineation or obliteration. A party filing an amended pleading shall re-file the entire amended pleading.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must include an affidavit supporting the requested judgment.

Motions for default judgment shall be accompanied by an affidavit in support of the requested judgment.

CRITICAL

Applies to

Default judgment hearing

At a default-judgment hearing, the moving party must be prepared to offer testimonial and documentary evidence supporting the claim.

At the hearing, the moving party shall be prepared to offer testimonial and documentary evidence in support of the claim

CRITICAL

Applies to

Default judgment hearing

If the default-judgment claim seeks damages, the moving party must present evidence supporting the damages.

and if the claim is for damages, the moving party shall present evidence in support of damages.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must include an affidavit stating whether the opposing party is in active military status.

Motions for default judgment shall also be accompanied by an affidavit stating whether the party against whom the judgment is sought is in active military status or not.

CRITICAL

Applies to

Default judgment motion

The military-status affidavit must include a Department of Defense Manpower Data Center status report showing the search result for the opposing party.

The affidavit shall include a status report from the Department of Defense Manpower Data Center showing whether the party against whom judgment is sought is in active status in the military based on the information provided in the search fields.

CRITICAL

Applies to

Non oral motion

Must include

proposed order

Every non-oral motion must include a proposed judgment entry suitable for use if the motion is granted.

Every non-oral motion filed with the Court shall be accompanied by a proposed judgment entry suitable for use if the motion is granted.

CRITICAL

Applies to

Judgment entry

Submitted entries must list all recipients below the signature block on the left, including the specified recipients when relevant.

All submitted entries must include a listing of all individuals and entities who should receive a copy of the judgment entry. The listing must appear on the left side of the page below the signature block and aligned with the left margin. The listing shall include the following: • All attorneys; • Self-represented parties; • The court administrator; • The Mediation Department (if relevant); • The Child Support Enforcement Agency (CSEA) (in domestic matters if relevant); • The Guardian ad Litem (in domestic matters if relevant); and • Any other individual or entity who should receive a copy.

CRITICAL

Applies to

Complaint

A complaint must be filed with the original and one copy for each party being served.

For all complaints, the clerk of courts requires that the original be filed plus one copy for each party being served.

CRITICAL

Applies to

Motion

A motion must be filed with the original, one scheduling copy, and one copy for each party being served.

For all motions, the clerk of courts requires that the original be filed plus one copy for scheduling purposes and one copy for each party being served.

CRITICAL

Applies to

Legal notice

The party requesting a legal notice must submit proof of payment and proof of publication to the clerk for filing.

The requesting party is required to submit proof of payment and proof of publishing to the clerk of courts for filing.

CRITICAL

Applies to

Legal notice

A legal notice must be submitted to the clerk for endorsement before it is published.

The legal notice shall be prepared and submitted to the clerk of courts for endorsement prior to publishing.

CRITICAL

Applies to

Facsimile filing

A person filing by fax must provide a cover page with the case and document information, transmission details, page count, and available filer contact and registration information.

The person filing a document by facsimile shall also provide a cover page containing the following information: a. The title of the case; b. The case number; c. The title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); d. The date of transmission; e. The transmitting facsimile number; f. The number of pages included in the transmission, including the cover page; and g. The name, address, telephone number, facsimile number, Supreme Court registration number, if applicable, and e-mail address of the person filing the document if available.

CRITICAL

Applies to

Facsimile filing

The filer must retain the original document and fax cover sheet until the case is closed and all opportunities for post-judgment relief are exhausted.

The original document and cover sheet filed by facsimile shall be maintained by the person making the filing until the case is closed and all opportunities for post-judgment relief are exhausted.

CRITICAL

Applies to

Insert page

Must include

caption

An exhibit that cannot be accurately faxed must be represented by an insert page explaining what the exhibit is and why it is missing.

Each exhibit to a facsimiled 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.

CRITICAL

Applies to

Exhibit cover sheet

Must include

caption, judge name, case number

An exhibit filed separately must be attached to a cover sheet with the specified case information and exhibit title.

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, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Applies to

Signed source document

A party emailing a signed source document may send the signed copy or an unsigned copy bearing the specified /s/ notation.

A party who wishes to file a signed source document by email shall either: 1. Email a copy of the signed source document; or 2. Email a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.

CRITICAL

Applies to

Email filing

An exhibit that cannot be accurately transmitted by email must be replaced with an insert page describing the exhibit and why it is missing.

Each exhibit to an email filing that cannot be accurately transmitted via email for any reason must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Proposed order

The order must include the specified judge and magistrate signature tokens.

a. The order must include <{Judge Signature}> as signature token for the judge. b. The order must include <{Magistrate Signature}> as signature token for the magistrate.

CRITICAL

Applies to

Filed document

All filed documents must have an appropriate title; filings requesting court action are titled “Motion,” and an opposition brief is titled “Brief in Opposition.”

5. Title of Filing and Docket Type. All filed documents must have an appropriate title. a. For example: Any filing requesting an act by the Court shall be titled “Motion”; a brief in opposition shall be titled “Brief in Opposition”.

CRITICAL

Applies to

E filed document

An e-filed document requiring an attorney’s or filing party’s signature must use a signature representation such as “/s/ (name).”

E-filed documents that require an attorney’s or filing party’s signature must be signed with a representation of a signature such as "/s/ (name)."

CRITICAL

Applies to

Stipulation or other document requiring multiple signatures

For documents requiring multiple signatures, the e-filer must indicate the other counsel’s or parties’ agreement at the appropriate place using “/s/”.

When a stipulation or other document requires the signature of two or more individuals, the e-filer must indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line, using the representation of a signature “/s/”.

CRITICAL

Applies to

Revised document

A revised document must be identified as revised and include the original document’s filing date in its title.

The revised document must be so identified and must reference the date of filing of the document being revised in its title.

CRITICAL

Applies to

Motion

A motion to file instanter after a technical failure must include a signed declaration explaining the missed deadline.

The motion must be accompanied by a signed declaration explaining the failure to meet the deadline.

CRITICAL

Applies to

Motion

An oral-hearing request must state why a hearing is necessary in the motion’s body and place “Oral Hearing Requested” in its caption.

The reasons for the necessity of an oral hearing shall be stated in the body of the motion, and the words “Oral Hearing Requested” shall be placed in the caption of the motion.

CRITICAL

Applies to

Transcript request

Must include

caption, case number

Transcript requests must include the full case caption, case number, and hearing date and time.

All requests for transcripts must include the full case caption and case number, including the date and time of the hearing.

CRITICAL

Applies to

Affidavit of indigency

Before appointment, an alleged indigent defendant must file an affidavit of indigency stating supporting facts and disclosing whether counsel was retained and any payments made.

Before counsel is appointed, each alleged indigent defendant must file an affidavit of indigency setting forth the facts in support. The affidavit must disclose whether or not there has been counsel retained in the matter to date, including whether any payments have been made to that counsel.

CRITICAL

Applies to

Conference report and proposed discovery plan

For each case, the parties must complete and file a Conference Report and Proposed Discovery Plan by the deadline in the Pretrial and Scheduling Order.

The parties shall complete and file a Conference Report and Proposed Discovery Plan as required by Civ.R. 26(F) on or before the deadline stated in the Pretrial and Scheduling Order for each case.

CRITICAL

Applies to

Trial brief

Trial briefs must contain legal authority relevant to each claim or defense raised by the filing party.

Trial briefs shall contain legal authority relevant to each claim or defense raised by the filing party.

CRITICAL

Applies to

Mediation report

At the conclusion of mediation, the mediator must report in writing to the assigned judge whether the session was held, who attended, and whether an agreement was reached.

At the conclusion of mediation, the mediator shall report in writing to the assigned judge that the session was held, who attended, and whether an agreement was reached.

CRITICAL

Applies to

Mediation outcome report

Counsel must report the results of each mediation conference to the assigned judge and Mediation Department within seven days after it closes.

Counsel shall report the results of each mediation conference to the assigned judge and the Mediation Department within seven days of the close of the mediation conference.

CRITICAL

Applies to

Mediation outcome report

The Mediation Outcome Report must state whether and what settled, whether another mediation is needed and its proposed date, and any party or attorney failure to attend.

The Mediation Outcome Report shall state: 1. Whether the case settled and, if a settlement involves less than all parties or issues in the case, which parties or issues have settled; 2. Whether an additional mediation conference is needed and the proposed date to reconvene; and 3. Any failure of a party or the party’s attorney to attend the mediation conference.

CRITICAL

Applies to

Rule 26 f conference report and proposed discovery plan

The parties must hold a Civil Rule 26(F) conference within six weeks after service of the Complaint and file the conference report and proposed discovery plan within 14 days after the conference.

The parties shall hold a Civil Rule 26(F) conference within 6 weeks of service of the Complaint and file their Rule 26(F) Conference Report and Proposed Discovery Plan within 14 days after their conference.

CRITICAL

Applies to

Motion

To seek an oral hearing to modify a qualifying temporary order, a party must file a motion bearing the specified caption and stating the requested hearing time.

When the Magistrate has conducted a non-oral hearing and issued a temporary order on spousal support, child support or allocating parental rights and responsibilities for the care of children, a party seeking an oral hearing to modify the temporary order, pursuant to Civ. R. 75(N), shall file a motion. A motion for hearing pursuant to Civ. R. 75(N) shall be captioned “Motion To Modify Rule 75(N) Temporary Orders (Oral Hearing Requested)” and indicate the amount of time requested for hearing.

CRITICAL

Applies to

Divorce legal separation or annulment pleading

Pleadings requesting divorce, legal separation, or annulment must include an Affidavit of Income and Expenses and an Affidavit of Property.

All pleadings requesting a divorce, legal separation or annulment must be supported by an Affidavit of Income and Expenses and Affidavit of Property;

CRITICAL

Applies to

Legal separation divorce dissolution or annulment action

Actions for legal separation, divorce, dissolution, or annulment concerning children must include a child custody affidavit, child support computation worksheet, and an application for IV-D services with the Child Support Enforcement Agency.

All actions for legal separation, divorce, dissolution, or annulment, that concern child(ren) must also be supported by a child custody affidavit, child support computation worksheet and the filing of an application for IV-D services with the Child Support Enforcement Agency;

CRITICAL

Applies to

Child support action

Actions for child support must include a Health Insurance Affidavit.

All actions for child support must also be supported by a Health Insurance Affidavit.

CRITICAL

Applies to

Child care costs

Child care costs must be supported by adequate proof of payments made.

Child care costs must be supported by adequate proof of payments made.

CRITICAL

Applies to

Domestic relations motion

A domestic relations motion concerning parenting time or parental rights and responsibilities of minor children must include a UCCJEA declaration, child support computation worksheet, and Affidavit of Income and Expenses if it reopens the case.

Domestic relations motions that concern parenting time and parental rights and responsibilities of minor children must be supported by a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), child support computation worksheet and Affidavit of Income and Expenses, if the motion reopens the case.

CRITICAL

Applies to

Domestic relations motion

Domestic relations motions that might affect a change in child support must include a child support computation worksheet and an Affidavit of Income and Expenses.

All domestic relations motions that might affect a change in child support must be supported by a child support computation worksheet and Affidavit of Income and Expenses.

CRITICAL

Applies to

Spousal or child support motion

Motions concerning spousal or child support must be supported or opposed by an Affidavit of Income and Expenses and a Health Insurance Affidavit.

All motions concerning spousal or child support must be supported or opposed by an Affidavit of Income and Expenses and a Health Insurance Affidavit.

CRITICAL

Applies to

Motion for allocation of parental rights

A motion for allocation of parental rights must include an affidavit from the filing party containing facts sufficient to support the requested relief.

Motions for allocation of parental rights must be accompanied by an affidavit of the party filing the motion that contains facts sufficient to support the requested relief.

CRITICAL

Applies to

Affidavit of income and expenses

All parties must update their Affidavits of Income and Expenses when their financial information changes.

All parties must update their Affidavits of Income and Expenses if there are changes to their financial information.

CRITICAL

Applies to

Proposed entry

Proposed entries issuing or modifying child support must include a completed Child Support and Health Care Determination Form.

All proposed entries that issue or modify a child support obligation shall be accompanied by a completed Child Support and Health Care Determination Form, which is available from the magistrate’s administrative office.

CRITICAL

Applies to

Proposed entry

Proposed entries issuing or modifying child support must list CSEA among the recipients of the judgment entry.

All proposed entries that issue or modify a child support obligation shall include the Child Support Enforcement Agency (CSEA) in the listing of individuals and entities who should receive a copy of the judgment entry, as provided in Local Rule 2.15.

CRITICAL

Applies to

Affidavit in support of petition for waiver of filing fee

The affidavit supporting a petition for waiver of filing fee and court cost deposit must be notarized.

The Affidavit must be notarized.

CRITICAL

Applies to

Guardian ad litem report

Guardian ad litem reports must comply with Sup. R. 48.06 and contain the warning specified in Sup.R. 48.06(A)(2).

All guardian ad litem reports shall comply with Sup. R. 48.06 and contain the warning set forth in Sup.R. 48.06(A)(2).

CRITICAL

Applies to

Magistrate order or judgment entry

The magistrate’s appointment order or judgment entry must state the specified guardian ad litem fee rate, deposit instructions, travel-reimbursement approval requirement, and fee apportionment.

At the time of the appointment to the case, the magistrate’s order or judgment entry will comply with Sup.R. 48.02(H) and include the following: 1. A fee rate of $100.00 per hour for the guardian ad litem for appointments made on or after April 1, 2023; 2. Instructions for an initial deposit of fees with the guardian’s trust account as required by the Court; 3. A statement that guardians ad litem are required to file a motion in order to get prior approval for reimbursement for the GAL-related travel beyond 150 miles from New Philadelphia; an 4. A description of how fees are to be apportioned among the parties.

CRITICAL

Applies to

Marriage termination parent education class certificate

Class participants must receive proof of attendance and payment unless the magistrate waives it, and parties must file the certificate or present it at the final hearing.

Upon completion of the Marriage Termination/Parent Education Class, participants shall receive a certificate proving their attendance and payment, unless waived by the magistrate. Parties will be responsible for either filing the certificate with the clerk of courts or presenting the certificate to the Court at the final hearing.

CRITICAL

Applies to

Written report

When the Court requests one, the PC’s written report must include the listed session, attendance, rescheduling, agreement, and decision information.

Upon request by the Court, the PC shall prepare a written report including, but not limited to, all of the following: a. Dates of parenting coordination session(s); b. Whether the parenting coordination session(s) occurred or was terminated; c. Requests to reschedule a parenting coordination session(s), including the name of the requestor and whether the request was approved; d. Whether an agreement was reached on some, all, or none of the issues; e. Who was in attendance at each session(s); f. The date and time of a future parenting coordination session(s); and g. Whether any decisions were written and if so, the date(s).

CRITICAL

Applies to

Written decision

Must include

caption, case number

If the parties cannot reach an agreement, the PC must issue a written decision with the listed information, provide copies to the parties and their attorneys, and immediately file it with the Court.

The PC 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 PC shall issue a written decision that is effective immediately. The PC 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: a. Case caption, including the case number; b. Date of the decision; c. The decision of the PC; d. Facts of the dispute and facts upon which the decision is based;

CRITICAL

Applies to

Complaint

A complaint about a PC must be submitted to the Court Administrator and include the case caption and number, PC’s name, complainant’s name and contact information, the alleged misconduct or violation, and its date.

The complaint shall be submitted to the Court Administrator, and include all of the following: a. The case caption and case number; b. The name of the PC; c. The name and contact information for the person making the complaint; d. The nature of any alleged misconduct or violation; and e. The date the alleged misconduct or violation occurred.

CRITICAL

Applies to

Final judicial report

The party submitting the order or entry must file a Final Judicial Report that updates the Preliminary Judicial Report and complies with R.C. 2329.191(B).

the party submitting the order or entry shall file a Final Judicial Report that updates the Preliminary Judicial Report and complies with the requirements found in R.C. 2329.191(B).

CRITICAL

Applies to

Continuation of preliminary judicial report

The continuation of the Preliminary Judicial Report must state that it is extended to the lis pendens date and that no third party has acquired an interest since the original report.

Within 45 days after completion of service upon all parties, counsel for the plaintiff shall file a continuation of the previously filed Preliminary Judicial Report, stating that the report has been extended to the lis pendens date found in R.C. 2703.26 and that no third party has acquired an interest since the date of the original report.

CRITICAL

Applies to

Praecipe for order of sale

A party filing a Praecipe for Order of Sale must attach a completed Property Description Approval Form approved by the County Map Office and Auditor’s Office.

Any party filing a Praecipe for Order of Sale with the clerk of courts shall attach to it a completed “Tuscarawas County Sheriff’s Office Property Description Approval Form” that has been approved by the Tuscarawas County Map Office and Tuscarawas County Auditor’s Office.

CRITICAL

Applies to

Motion to confirm sale

Must include

proposed order

The party who filed the Writ of Execution of Order of Sale must file a Motion to Confirm Sale and a proposed Confirmation of Sale Entry according to the stated deadlines.

The party who filed the Writ of Execution of Order of Sale shall file a Motion to Confirm Sale and a proposed Confirmation of Sale Entry as follows:

CRITICAL

Applies to

Proposed confirmation of sale entry

The proposed Confirmation of Sale Entry must include the court costs calculated by the clerk.

Within seven days of the return of the Writ of Execution of Order of Sale, the proposed Confirmation of Sale Entry must be submitted to the clerk of courts for calculation of court costs, which must be included in the proposed Entry.

CRITICAL

Applies to

Proposed confirmation of sale entry

The proposed Confirmation of Sale Entry must state the amounts required by R.C. 323.47(B)(1), including prorated assessments and taxes, and provide that they be discharged from the sale proceeds.

The proposed Confirmation of Sale Entry shall provide the amounts provided in R.C. 323.47(B)(1), including the amount of any assessments and taxes pro-rated to date of sale, and provide that these amounts be discharged out of the proceeds of the sale. The amount of pro-rated taxes and assessments shall be the same as the amounts on the Tax

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

Before a sheriff’s sale can be confirmed, the party ordering the sale must file a certificate stating that notice was sent by ordinary mail to all appearing parties or their attorneys of record.

The Court will not confirm any sheriff’s sale until the party ordering the sale has filed a certificate of service of notice of the sale stating that the notice of the sale has been sent to all parties who have appeared in the action, by ordinary mail to their last known address, or their attorney of record.

CRITICAL

Applies to

Motion

A party seeking personal service by a special process server must file a motion, proposed entry, and compliant affidavit; the motion and entry must identify the server and state that the server is at least 18 and is not a party or counsel.

If a party wants personal service to be made by a special process server under Ohio Civil Rule 4.1, that party must file a motion to appoint a special process server. The party must also submit a proposed entry and an affidavit that complies with Civ.R. 4.1(D). The motion and the entry must state the following: 1. The name of the person to be appointed as process server; 2. That the person to be appointed as process server is 18 years of age or older; and 3. That the person to be appointed as process server is not a party or counsel for a party in the action.

CRITICAL

Applies to

Application affidavit

An application to become a standing process server must be supported by a Civ.R. 4.1(D)-compliant affidavit identifying the applicant and stating the applicant’s agreement to follow the applicable service rules and court instructions.

A person may apply to be designated as a standing process server for cases filed in this court by filing an application supported by an affidavit that contains the name, address, and telephone number of the applicant and complies with the requirements of Civ.R. 4.1(D). The affidavit shall also state that the applicant agrees to follow the requirements of Ohio Civ.R. 4 through 4.6, any applicable Local Rules, and specific instructions for service of process as ordered by the Court in individual cases.

CRITICAL

Applies to

Proposed order

An applicant for standing process-server designation must submit a proposed standing order with the specified caption, comply with Civ.R. 4.1, and obtain the Administrative Judge’s signature.

The applicant requesting the designation shall also submit a proposed standing Order captioned “In Re The Appointment of (name of applicant) As Special Process Server.” The Order shall comply with Civ.R. 4.1. b. The Order shall be signed by the Administrative Judge.

CRITICAL

Applies to

Request for service

Every Request for Service must state the full names and addresses of the persons to be served.

Every Request for Service must state the full names and addresses of those to be served.

CRITICAL

Applies to

Initial non criminal filing

Every initial non-criminal filing must include a Case Designation Form available from the clerk of courts.

Every initial, non-criminal filing shall be accompanied by a Case Designation Form, which can be obtained in the office of the clerk of courts.

CRITICAL

Applies to

Case designation form

Must include

caption

For complaints, post-decree motions in domestic relations matters, and motions reopening domestic cases, the Case Designation Form must include the caption, related pending or closed cases, and a case type from the form.

For all complaints, post- decree motions filed in domestic relation matters or motions that reopen a domestic case, the form shall include the caption, related pending or closed cases, and indicate one of the case types provided on the form.

CRITICAL

Applies to

Case designation form

The clerk of courts must refuse to accept for filing a case that does not comply with Rule 2.03.

The clerk of courts shall refuse to accept for filing any case that does not conform to this rule.

CRITICAL

Applies to

Pleading or motion to reopen

The caption of every pleading and motion to reopen a case must list the parties’ addresses, phone numbers, and email addresses.

On all pleadings and motions to reopen a case, the address, phone number, and email address of the parties shall be listed in the caption.

CRITICAL

Applies to

Notice of change of address

A party whose address changes during a pending case must report the change to the clerk by filing a written Notice of Change of Address.

If a party’s address changes while the case is pending, the party shall report the change to the clerk of courts by filing a written Notice of Change of Address.

CRITICAL

Applies to

Pleading or motion

Individuals without legal counsel must include their telephone number and email address on every pleading and motion filed with the Court.

All individuals who are not represented by legal counsel shall include their telephone ===== PAGE 2 ===== number and email address on all pleadings and motions filed with the Court.

CRITICAL

Applies to

Pleading motion or filing

Attorney signature blocks on all pleadings, motions, and filings must include the attorney registration number assigned by the Supreme Court of Ohio.

The attorney signature blocks of all pleadings, motions and filings shall include the attorney registration number assigned by the Supreme Court of Ohio.

CRITICAL

Applies to

Motion

Every motion must be accompanied by a brief or memorandum stating its grounds and citing relevant authorities.

All motions shall be accompanied by a brief or memorandum stating the grounds for the motion and citing relevant authorities.

CRITICAL

Applies to

Motion on non oral docket

Must include

proposed order

Each motion on the non-oral docket must include a proposed judgment entry in accordance with Local Rule 2.15.

All motions on the non-oral docket shall also be accompanied by a proposed judgment entry in accordance with Local Rule 2.15.

CRITICAL

Applies to

Motion

Oral argument on a motion will not be held unless the submitting or opposing party makes a written request.

Oral argument upon a motion will not be held unless written request is made by the party submitting or opposing the motion.

CRITICAL

Applies to

Motion

A motion seeking an oral hearing must state the reasons in its body and place “Oral Hearing Requested” in its caption.

The reasons for the necessity of an oral hearing shall be stated in the body of the motion, and the words “Oral Hearing Requested” shall be placed in the caption of the motion.

CRITICAL

Applies to

Pleading or motion

Must include

certificate of service

A pleading or motion must contain a Proof of Service notifying the Court that the opposing counsel or unrepresented parties have been sent the document.

The pleading or motion must contain a Proof of Service, which is a statement notifying the Court that the opposing counsel or unrepresented parties have been sent

CRITICAL

Applies to

Amended pleading

Amended pleadings must be refiled in full, amendments by interlineation or obliteration are prohibited, and the original pleading or motion remains in the court file.

No pleading or motion shall be amended by interlineation or obliteration. A party filing an amended pleading shall re-file the entire amended pleading. Upon filing of an amended pleading or motion, the original shall not be withdrawn from the Court file.

CRITICAL

Applies to

Cognovit note

For a cognovit judgment, the defendant’s attorney must sign or acknowledge the signature in the judge’s presence, and the original note must be presented for the Court’s endorsement.

The attorney confessing judgment on behalf of the defendant must be present and sign in the judge’s presence or acknowledge the attorney’s signature in the judge’s presence. The original cognovit note must be presented so that the Court can endorse the note indicating the judgment.

CRITICAL

Applies to

Continuance motion

Continuance motions must be written and explain the request in detail with applicable supporting documentation; unless the Court directs otherwise, they are heard after notice to opposing counsel, though a motion is generally unnecessary for an agreed entry.

All motions for continuance must be in writing and shall set forth the reason for the continuance. Unless the Court otherwise directs, a motion for continuance shall be heard after proper notice is given to opposing counsel. All motions for continuance shall set forth a detailed explanation along with any supporting documentation if applicable. A motion is generally not required when an agreed entry is submitted to the Court.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must include a supporting affidavit, and the moving party must be prepared to present supporting evidence at any hearing, including evidence of damages when claimed.

Motions for default judgment shall be accompanied by an affidavit in support of the requested judgment. If the affidavit is insufficient, the Court may request additional evidence by affidavit or set the matter for hearing. At the hearing, the moving party shall be prepared to offer testimonial and documentary evidence in support of the claim, and if the claim is for damages, the moving party shall present evidence in support of damages.

CRITICAL

Applies to

Judgment entry

A party directed by the Court to prepare an entry must do so as directed.

The Court may also direct a party to prepare an entry. A party directed by the Court to prepare an entry shall do so as directed by the Court.

CRITICAL

Applies to

Judgment entry

Every submitted entry must list all recipients of the judgment entry below the signature block, aligned with the left margin, including the specified recipients when relevant.

All submitted entries must include a listing of all individuals and entities who should receive a copy of the judgment entry. The listing must appear on the left side of the page below the signature block and aligned with the left margin. The listing shall include the following: • All attorneys; • Self-represented parties; • The court administrator; • The Mediation Department (if relevant); • The Child Support Enforcement Agency (CSEA) (in domestic matters if relevant); • The Guardian ad Litem (in domestic matters if relevant); and • Any other individual or entity who should receive a copy.

CRITICAL

Applies to

Judgment entry

For domestic relations cases, submit one original entry plus service copies.

For domestic relations cases, please provide one original plus service copies of the entry.

CRITICAL

Applies to

Judgment entry

For cases other than domestic relations cases, submit one original; the Court will make necessary copies after the judge signs the entry.

For all other cases, please provide one original and the Court will make necessary copies after the entry is signed by the judge.

CRITICAL

Applies to

Transcript request

Must include

caption, case number

A transcript request must be written, filed in original with the clerk, copied to the judge or magistrate by hand delivery or mail, and include the full caption, case number, and hearing date and time.

Transcripts may be ordered by making a written request. The original request must be filed with the clerk of courts and a copy either hand-delivered or mailed directly to the judge or magistrate’s office. All requests for transcripts must include the full case caption and case number, including the date and time of the hearing.

CRITICALCivil cases

Applies to

Conference report and proposed discovery plan

The parties must complete and file a Conference Report and Proposed Discovery Plan.

The parties shall complete and file a Conference Report and Proposed Discovery Plan as required by Civ.R. 26(F)

CRITICAL

Applies to

Affidavit of indigency

Before appointment, an alleged indigent defendant must file an affidavit of indigency stating supporting facts and disclosing prior retained counsel and payments.

Before counsel is appointed, each alleged indigent defendant must file an affidavit of indigency setting forth the facts in support. The affidavit must disclose whether or not there has been counsel retained in the matter to date, including whether any payments have been made to that counsel.

CRITICAL

Applies to

Motion to withdraw

Withdrawal requires Court permission and a written motion, and is not effective until reflected in a judgment entry.

An attorney may not withdraw from representation without the permission of the Court. An attorney who desires to withdraw from representation of a party shall file a written motion with the Court. An attorney is not deemed to have withdrawn from the representation until it is reflected in a judgment entry.

CRITICALCivil cases

Applies to

Motion

A motion for allocation of parental rights must include the filing party’s affidavit with facts sufficient to support the requested relief.

Motions for allocation of parental rights must be accompanied by an affidavit of the party filing the motion that contains facts sufficient to support the requested relief.

CRITICALCivil cases

Applies to

Motion

A party seeking an oral hearing to modify a qualifying temporary order issued after a non-oral hearing must file a motion.

When the Magistrate has conducted a non-oral hearing and issued a temporary order on spousal support, child support or allocating parental rights and responsibilities for the care of children, a party seeking an oral hearing to modify the temporary order, pursuant to Civ. R. 75(N), shall file a motion.

CRITICALCivil cases

Applies to

Motion

A Civ. R. 75(N) hearing motion must use the specified caption and state the requested hearing time.

A motion for hearing pursuant to Civ. R. 75(N) shall be captioned “Motion To Modify Rule 75(N) Temporary Orders (Oral Hearing Requested)” and indicate the amount of time requested for hearing.

CRITICALCivil cases

Applies to

Initial pleading

Pleadings requesting divorce, legal separation, or annulment must be supported by affidavits of income and expenses and property.

All pleadings requesting a divorce, legal separation or annulment must be supported by an Affidavit of Income and Expenses and Affidavit of Property; and

CRITICALCivil cases

Applies to

Initial pleading

Actions for legal separation, divorce, dissolution, or annulment concerning children must include a child custody affidavit, child support computation worksheet, and an application for IV-D services.

All actions for legal separation, divorce, dissolution, or annulment, that concern child(ren) must also be supported by a child custody affidavit, child support computation worksheet and the filing of an application for IV-D services with the Child Support Enforcement Agency; and

CRITICALCivil cases

Applies to

Initial pleading

Child support actions must include a Private Health Insurance Questionnaire, and claimed child care costs must have adequate proof of payment.

All actions for child support must also be supported by a Private Health Insurance Questionnaire. Child care costs must be supported by adequate proof of payments made.

CRITICALCivil cases

Applies to

Motion

Domestic relations motions concerning parenting time or parental rights and responsibilities of minor children must include the specified declaration; the provided text cuts off its full title.

Domestic relations motions that concern parenting time and parental rights and responsibilities of minor children must be supported by a Declaration Under Uniform Child Custody Jurisdiction and

CRITICALCivil cases

Applies to

Motion

Domestic relations motions that might change child support must include a child support computation worksheet and an Affidavit of Income and Expenses.

All domestic relations motions that might affect a change in child support must be supported by a child support computation worksheet and Affidavit of Income and Expenses.

CRITICALCivil cases

Applies to

Motion

Motions concerning spousal or child support must be supported or opposed by an Affidavit of Income and Expenses and a Private Health Insurance Questionnaire.

All motions concerning spousal or child support must be supported or opposed by an Affidavit of Income and Expenses and a Private Health Insurance Questionnaire.

CRITICALCivil cases

Applies to

Supporting documentation

Child care costs must be supported by adequate proof of payments made.

Child care costs must be supported by adequate proof of payments made.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A party filing a motion must submit a proposed entry to the magistrate for consideration.

Any party filing a motion shall submit a proposed entry to the magistrate for consideration.

CRITICALCivil cases

Applies to

Proposed order

A proposed entry that issues or modifies a child support obligation must include a completed Child Support and Health Care Determinations Form.

All proposed entries that issue or modify a child support obligation shall be accompanied by a completed Child Support and Health Care Determinations Form, which is available from the magistrate’s administrative office.

CRITICALCivil cases

Applies to

Affidavit in support of petition for waiver of filing fee

The affidavit supporting a petition for waiver of filing fee must be notarized.

The Affidavit must be notarized.

CRITICALCivil cases

Applies to

Guardian ad litem report

Guardian ad litem reports must comply with Sup. R. 48.06 and include the warning required by Sup.R. 48.06(A)(2).

All guardian ad litem reports shall comply with Sup. R. 48.06 and contain the warning set forth in Sup.R. 48.06(A)(2).

CRITICALCivil cases

Applies to

Marriage termination parent education class certificate

Participants must receive a certificate of attendance and payment, unless the magistrate waives it, and parties must file it or present it at the final hearing.

Upon completion of the Marriage Termination/Parent Education Class, participants shall receive a certificate proving their attendance and payment, unless waived by the magistrate. Parties will be responsible for either filing the certificate with the clerk of courts or presenting the certificate to the Court at the final hearing.

CRITICALCivil cases

Applies to

Parenting coordination report

Upon the Court’s request, the PC must prepare a written report that includes the listed session, attendance, agreement, and decision information.

Upon request by the Court, the PC shall prepare a written report including, but not limited to, all of the following: a. Dates of parenting coordination session(s); b. Whether the parenting coordination session(s) occurred or was terminated; c. Requests to reschedule a parenting coordination session(s), including the name of the requestor and whether the request was approved; d. Whether an agreement was reached on some, all, or none of the issues; e. Who was in attendance at each session(s); f. The date and time of a future parenting coordination session(s); and g. Whether any decisions were written and if so, the date(s).

CRITICALCivil cases

Applies to

Written decision

Must include

caption, case number

A written decision must be immediately filed with the Court and include the case caption, case number, and decision date.

The decision shall be immediately filed with the Court and include all of the following: a. Case caption, including the case number; b. Date of the decision;

CRITICALCivil cases

Applies to

Complaint

A complaint about a PC must be submitted to the Court Administrator and include the listed case, PC, complainant, allegation, and date information.

The complaint shall be submitted to the Court Administrator, and include all of the following: a. The case caption and case number; b. The name of the PC; c. The name and contact information for the person making the complaint; d. The nature of any alleged misconduct or violation; and e. The date the alleged misconduct or violation occurred.

CRITICAL

Applies to

Legal notice

The party requesting a legal notice must file proof of payment and proof of publication with the clerk.

The requesting party is required to submit proof of payment and proof of publishing to the clerk of courts for filing.

CRITICAL

Applies to

Legal notice

A legal notice must be submitted to the clerk for endorsement before publication.

The legal notice shall be prepared and submitted to the clerk of courts for endorsement prior to publishing.

CRITICAL

Applies to

Exhibit

Must include

caption, judge name, case number

An exhibit filed separately must have a cover sheet with the specified case and exhibit information and must be signed and served under the rules for pleadings.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case, which sets forth the name of the Court, title of the case, the case number, name of the judge and the title of the exhibit, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Applies to

Signed source document

A signed source document filed by email must be sent either with its original signature or with “/s/” and the signer’s name in the signature’s place.

A party who wishes to file a signed source document by email shall either: 1. Email a copy of the signed source document; or 2. Email a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.

CRITICAL

Applies to

Email filing

An exhibit that cannot be accurately transmitted by email must be replaced with an insert page describing the exhibit and why it is missing.

Each exhibit to an email filing that cannot be accurately transmitted via email for any reason must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Exhibit

Must include

caption, judge name, case number

An exhibit filed separately under this procedure must have a cover sheet with the specified case and exhibit information and must be signed and served under the rules for pleadings.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case, which sets forth the name of the Court, title of the case, the case number, name of the judge and the title of the exhibit, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

WARNING

Applies to

Memorandum of understanding

After reaching an agreement, the parties must prepare an unsigned Memorandum of Understanding and file their own dissolution paperwork after mediation.

reached, the parties shall prepare a Memorandum of Understanding, which will not be signed. The parties will need to file their own dissolution paperwork after the mediation.

WARNING

Applies to

Agreement requesting private mediation

When all parties advise the Court they plan to use a private mediator, they may do so at their expense if they submit an agreement to the Court and Mediation Department listing the mediator, mediation date, and cost distribution.

If all parties advise the Court that they plan to use a private mediator, the Court shall permit them to do so at the expense of the parties, subject to submission to the Court and Mediation Department of an agreement requesting the use of private mediation, specifically listing: 1. The name of the private mediator; 2. The date of the mediation; and 3. The distribution of costs between the parties.

WARNINGCivil cases

Applies to

Preliminary judicial report

For a judicial sale of residential real estate with more than four single-family units or of commercial real estate, the party seeking the sale may file a qualifying owner’s fee policy commitment instead of a Preliminary Judicial Report.

In an action that demands the judicial sale of residential real estate consisting of more than four single-family units or commercial real estate, the party seeking judicial sale may file a commitment for an owner’s fee policy of title insurance that complies with the requirements found in R.C. 2329.191(C) instead of a Preliminary Judicial Report.

WARNING

Applies to

Default judgment motion

If the supporting affidavit is insufficient, the Court may request additional affidavit evidence or set a hearing.

If the affidavit is insufficient, the Court may request additional evidence by affidavit or set the matter for hearing.

WARNING

Applies to

Judgment entry

The Court may direct a party to prepare an entry, and the directed party must prepare it as instructed.

The Court may also direct a party to prepare an entry. A party directed by the Court to prepare an entry shall do so as directed by the Court.

WARNING

Applies to

Judgment entry

For domestic relations cases, please provide one original plus service copies of the entry.

For domestic relations cases, please provide one original plus service copies of the entry.

WARNING

Applies to

Judgment entry

In cases other than domestic relations, provide one original; the Court will make necessary copies after the judge signs the entry.

For all other cases, please provide one original and the Court will make necessary copies after the entry is signed by the judge.

WARNING

Applies to

Email filing

Failure to file missing exhibits as required may result in the Court declining to consider the filing or exhibit.

Failure to file the missing exhibits as required by this rule may result in the Court not considering the filing and/or exhibit.

WARNING

Applies to

Motion

Motions are scheduled for non-oral consideration unless the moving or opposing party makes a written request for an oral hearing.

Motions will be scheduled for non-oral consideration unless a written request for an oral hearing is made by the party submitting or opposing the motion.

WARNING

Applies to

Court foreclosure mediation questionnaire

Parties referred to foreclosure mediation must complete the Court Foreclosure Mediation Questionnaire by the requested date.

Once a foreclosure case is referred to mediation, the parties must complete the Court Foreclosure Mediation Questionnaire by the date requested.

WARNING

Applies to

Request for pre filing post decree mediation

Before post-decree mediation in an existing closed divorce or dissolution case, all parties must consent by completing and signing the specified form and submit a copy to the Mediation Department.

Mediation may be available before a post-decree motion is filed in an existing closed divorce or dissolution case, provided all parties consent by completing and signing the Request for Pre-Filing Post Decree Mediation form, which is available at the Clerk of Court’s office and on the Court’s website. The parties must submit a copy to the Mediation Department.

WARNING

Applies to

Joint request for mediation services

Individuals seeking mediation before filing for divorce or dissolution must submit a Joint Request for Mediation Services.

Individuals may participate in mediation prior to filing a divorce or dissolution by submitting a Joint Request for Mediation Services. This form is available at the Mediation Department and on the Court’s website.

WARNING

Applies to

Agreement requesting private mediation

A request to use private mediation must be submitted to the Court and Mediation Department and list the private mediator’s name.

subject to submission to the Court and Mediation Department of an agreement requesting the use of private mediation, specifically listing: 1. The name of the private mediator;

WARNING

Applies to

Legal separation divorce dissolution or annulment filing

The Court may dismiss a filing for legal separation, divorce, dissolution, or annulment involving minor children if it lacks an application for IV-D services with the Child Support Enforcement Agency.

The Court may dismiss filings for a legal separation, divorce, dissolution or annulment with minor children filed without an application for IV-D services with the Child Support Enforcement Agency.

WARNING

Applies to

Motion

The Court may dismiss or refuse to consider motions filed or opposed without the required supporting documentation.

The Court may dismiss or refuse to consider motions filed or opposed without the required supporting documentation.

WARNING

Applies to

Parenting coordinator resume

A parenting coordinator must submit a resume documenting qualification compliance, update it after substantive changes, and notify the Court of changes to the listed contact information.

A PC shall submit a resume to the Court documenting compliance with Sup.R. 90.05; 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, email address contained in the resume.

WARNING

Applies to

Continuing education training report

By January 1 each year, a parenting coordinator must report the prior year’s continuing-education training and identify each training’s sponsor, title, date, and location.

On or before January 1st of each year, a PC shall report to the Court a list of all continuing education training completed during the previous year pursuant to Section C of this rule, including the sponsor, title, date, and location of each training.

WARNING

Applies to

Motion

The Court may overrule a motion without consideration if the party omits the required brief or memorandum or exceeds the 15-page limit.

If a party fails to provide a brief or memorandum or exceeds the 15-page limit, the Court may overrule the motion without consideration.

WARNINGCivil cases

Applies to

Jury instructions

Written jury instructions presented under Civ.R. 51 must include a brief citation to relevant legal authority unless the Court excuses the requirement.

When written jury instructions are presented to the Court pursuant to Civ.R. 51 by a party or counsel, they shall be accompanied by a brief citation of the relevant legal authority, unless excused by the Court.

WARNINGCivil cases

Applies to

Initial pleading

The Court may dismiss filings concerning legal separation, divorce, dissolution, or annulment with minor children if they lack an application for IV-D services.

The Court may dismiss filings for a legal separation, divorce, dissolution or annulment with minor children filed without an application for IV-D services with the Child Support Enforcement Agency.

WARNINGCivil cases

Applies to

Motion

Motions must comply with Chapter 2 of the Local Rules, and the Court may dismiss noncompliant motions.

All motions must comply with the rules set forth in Chapter 2 of the Local Rules. The Court may dismiss any motions that do not comply with these provisions.

WARNINGCivil cases

Applies to

Motion

The Court may dismiss or refuse to consider a motion filed or opposed without the required supporting documentation.

The Court may dismiss or refuse to consider motions filed or opposed without the required supporting documentation.

WARNINGCivil cases

Applies to

Affidavit of income and expenses

Parties must update their Affidavits of Income and Expenses when their financial information changes.

All parties must update their Affidavits of Income and Expenses if there are changes to their financial information.

WARNINGCivil cases

Applies to

Parenting coordinator evaluation form

The PC must provide participants the Court’s evaluation form before the first session and at the end of the appointment term.

A PC shall provide participants with the Parenting Coordinator Evaluation form, provided by the Court, prior to the first parenting coordination session and at the end of the term of the appointment.

WARNING

Applies to

Facsimile filing

A signed source document filed by fax may be sent as a copy bearing the signature or as an unsigned copy marked “/s/” followed by the signer’s name at the signature location.

A party who wishes to file a signed source document by facsimile shall either: 1. Facsimile a copy of the signed source document; or 2. Facsimile a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.

INFO

Applies to

Proposed judgment entry

A party opposing a motion is permitted to provide the Court with a proposed judgment entry.

A party opposing a motion may provide the Court with a proposed judgment entry.

INFO

Applies to

Electronic document

A judge or magistrate may sign electronic documents using a digitized image of the signature.

Electronic documents may be signed by a judge or magistrate via a digitized image of his or her signature.

INFO

Applies to

Proposed judgment entry

A party opposing a motion may provide the Court with a proposed judgment entry.

A party opposing a motion may provide the Court with a proposed judgment entry.

INFO

Applies to

Request for electronic record of courtroom proceeding

Copies of electronic recordings on compact disc may be ordered using the attached Request for Electronic Record of Courtroom Proceeding form.

Copies of electronic recordings on compact disc may be ordered by completing the Request for Electronic Record of Courtroom Proceeding, which is attached as Exhibit “E.”