Union County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibits
Adjournments
- A continuance motion must be written, promptly copied to the Assignment Commissioner or Domestic Bailiff, preceded by an attempt to obtain the opponent’s consent, and state the reason, consent result, and number of prior continuances; party endorsement may be waived for good cause.
- Only the Court may grant a continuance, with Judge or Magistrate approval; if granted, the moving party must obtain a new date and immediately notify the other parties and any guardian ad litem, while the noticed matter remains in effect until an order issues.
Request must include
- A conflicting trial assignment is resolved in favor of the case set first; a continuance motion must include the conflicting assignment and be filed at least 14 days before trial, or the movant may be ordered to pay specified costs and fees.
- A continuance requested more than 10 days after assignment for trial, hearing, or conference will not be granted absent the most unusual circumstances.
Document Format Requirements7 rules
The first page must leave at least three inches blank at the upper right for the Clerk’s file stamp, or the pleading will not be accepted.
A blank space of at least three inches shall be at the top of the right side of the first page for file stamp thereon by the Clerk. The Clerk of Courts shall not accept for filing a pleading which does not comply with this requirement.
Domestic-relations pleadings, motions, and other filings must comply with the Ohio Civil Rules, Ohio Rules of Superintendence, and applicable local rules.
Unless otherwise provided herein, all pleadings, motions, and other filings shall comply in form and content with the Ohio Rules of Civil Procedure, the Rules of Superintendence of the Supreme Court of Ohio and the Local Rules of this Court as set forth below:
All Pleadings, Motions and Orders shall be typewritten in 12 point font printed on 8½" x 11" paper.
Complaints, Motions and Applications shall be legibly typewritten or printed on paper approximately 8-1/2 x 11, shall be securely bound at the top, and unfolded.
When more than 20 exhibits are intended, counsel must provide them in paper and electronic form and supply a thumb drive or other electronic storage device for the record.
In such an event, the exhibits shall be available in paper form as delineated herein, but also presented in electronic form for use with the Court’s electronic evidence presentation equipment. Counsel shall provide a thumb drive or other electronic data storage device for purposes of creating an accurate record.
Pleadings, Motions and Applications shall be legibly typewritten or printed on paper approximately 8-1/2 x 11, shall be securely bound at the top, and unfolded.
If a party intends to introduce at least five exhibits, the exhibits must be bound in a binder with an index identifying each exhibit and briefly describing it.
The exhibits shall be marked as provided in Local Rule 18.10(A). If a party intends on introducing five (5) or more exhibits, then the exhibits will bound in a binder with an index page identifying the exhibit by number or letter as appropriate, along with a brief description of the exhibit, i.e. Plaintiff’s pay advices.
Document Filing Requirements17 rules
All motions shall state with particularity the grounds therefore, the relief or order sought and shall identify any prior Order(s) at issue.
DocumentMotion
The Complaint in any civil case, including domestic relations Complaints and Petitions, and reopen Motions, shall be accompanied by a completed Classification Form. (See attached "Exhibit A").
DocumentCivil Complaint, Domestic-Relations Complaint Or Petition, Or Reopen Motion
Litigants must omit personal identifiers from all case documents in accordance with Ohio Superintendence Rule 45.
All case documents shall omit personal identifiers in accordance with Rule 45 of the Ohio Rules of Superintendence. It is the responsibility of litigants to ensure compliance, not the Court or Clerk of Court.
DocumentCase Document
Each Motion seeking default shall be accompanied by a proposed Entry granting same.
DocumentMotion Seeking Default
Each Motion seeking default shall be accompanied by a proposed Entry granting same. See Loc. R. 14.05.
DocumentMotion Seeking Default
Pretrial statements must be filed at least seven days before pretrial or, if none is scheduled, 14 days before trial and contain the listed facts, issues, authorities, witnesses, exhibits, jury position, settlement position where applicable, and trial-time estimate.
Pretrial statements by all parties shall be filed with the Court at least seven (7) days before date of pretrial or, in the event no pretrial is scheduled by the Court, fourteen (14) days before the first day of trial. They shall include: a. Your version of facts giving rise to the claim for relief. b. Your analysis of issues. c. Your propositions of law with two (2) or three (3) authorities cited. d. List of your witnesses. e. Exhibits you will offer, together with the number or letter of the exhibit. Plaintiff shall use numerals, Defendant shall use letters, and Joint Exhibits shall use numerals preceded by the words, "Joint Exhibit___." f. Whether jury will be waived. g. Your demand or offer for settlement (except in non-jury cases). h. Your estimate of trial time.
DocumentPretrial Statement
A default-judgment motion must be submitted with a proposed judgment entry, or the motion will be dismissed.
Having complied with all of the requirements above, the party moving for default judgment shall submit to the Court, at the time of submission of the Motion for Default, a proposed Judgment Entry. Failure to provide a proposed entry will result in the Motion being dismissed.
DocumentMotion For Default Judgment
Civil complaints, domestic relations complaints and petitions, and reopen motions must include a completed Classification Form, with the general issues specified if “Other” is selected.
The Complaint in any civil case, including domestic relations Complaints and Petitions, and reopen Motions, shall be accompanied by a completed Classification Form. (See attached "Exhibit A"). In the event the Classification Form is marked "Other" the person filing the Complaint, Petition or Motion shall specify and denote what general issues are involved in the case.
DocumentCivil Complaint, Domestic Relations Complaint Or Petition, Or Reopen Motion
Required certifications and signatures must be signed by an attorney who has appeared in the case; otherwise the pleading will not be filed.
In all cases where certifications or signatures are required, the attorney who has entered an appearance in the case must sign. No signatures of attorneys who have not entered an appearance, paralegals, secretaries, etc. will be allowed and the pleading will not be filed without compliance.
DocumentPleading Requiring Certification Or Signature
All Complaints, Petitions, Answers, Counterclaims, and Decrees shall state the names and addresses of both parties. Personal identification information such as social security numbers and the identification of children shall not be included in any captions.
DocumentDomestic-Relations Complaint, Petition, Answer, Counterclaim, Or Decree
The caption, at the top thereof, in addition to stating the name of the Court, County and State, shall state the name and address of all the parties.
DocumentPleading
CSEA complaints must include the parties’ and children’s birth dates in the caption and furnish their Social Security numbers to CSEA within three days after filing.
In cases involving the Child Support Enforcement Agency, the dates of birth of the parties and issue (children) shall also be included under the names of the parties in the caption of the complaint. The Social Security numbers of the parties and issue shall be furnished to the CSEA within three days of filing the Complaint.
DocumentComplaint In A Case Involving The Child Support Enforcement Agency
All Pleadings, Motions and Orders shall include the name of the attorney, the firm name, if any, office address, office telephone number, fax number, if any, e-mail address if any, and the attorney’s Ohio Supreme Court Number.
DocumentDomestic-Relations Pleading, Motion, Or Order
Later pleadings, motions, and applications must identify the case and first parties and include specified contact and registration information for counsel or the filer.
Pleadings filed subsequent to the Complaint, including Motions and Applications, shall state the number of the cause, the name of the first-party plaintiff and the first-party defendant on each side. Each Pleading, Motion or Application shall bear the name, office address, the attorney registration number issued by the Supreme Court of Ohio, telephone and fax numbers of the responsible attorney. Otherwise, the pleadings shall bear the name, address, telephone number and a fax number where 24 hour notices may be sent, of the party filing the same.
DocumentPleading, Motion, Or Application Filed After The Complaint
An order granting a continuance must specify a definite new date and time that accommodates all parties and is approved by the Assignment Commissioner.
All entries granting continuances shall have embodied therein a date and time certain, to which the case will be continued, said date and time to satisfy the schedules of all parties to the action and which shall have been approved by the Assignment Commissioner of this Court.
DocumentContinuance Entry
In the event either party intends on introducing more than twenty (20) exhibits, then sixty (60) days prior to the scheduled trial date, they shall notify the Court’s Bailiff.
DocumentExhibits
All Separation Agreements and Shared Parenting Plans filed with the Court must be submitted as a separate document styled as a "Separation Agreement" or "Shared Parenting Plan" and not included in the body of the pleadings.
DocumentSeparation Agreement Or Shared Parenting Plan
Filing & Service rules
Electronic Filing Rules
The Clerk will not accept fax filings except as provided by the Joint Administrative Order.
No fax filings will be accepted by the Clerk of Courts, except as set forth in the Joint Administrative Order Establishing the Electronic Case Filing System, 2023-MS-0043.
Page 1 | RULE 7.03(B)
Attorneys must register as eUsers and e-file exclusively, subject to court-granted leave and Joint Administrative Order exceptions.
Attorneys shall register as eUsers and file exclusively through the Court’s Electronic Case Filing System. After October 1, 2023, the Courts will not accept conventional filings (e.g., physical documents submitted to Clerks’ offices in person, via U.S. Mail, carrier service, email, facsimile or by any manner other than e-filing) from any attorney, unless leave is otherwise granted by the Court or such filings and/or documents are specifically excepted by the Court’s Joint Administrative Order.
Page 1 | Electronic Case Filing
Attorneys must use ECF, subject to exceptions in the Joint Administrative Order.
ECF is required for all attorneys with some exceptions, see Joint Administrative Order Establishing the Electronic Case Filing System, 2023-MS-0043.
Page 1 | RULE 7.03(A)
Initial or original papers requiring a cost deposit may not be e-filed unless permitted by the Ohio Supreme Court and compliant with Civil Rule 5(E).
Unless allowed after the effective date of these rules, by the Supreme Court of Ohio, no initial/original papers (defined as those requiring a cost deposit) may be eFiled with the Clerk of this Court without compliance of Civ.R. 5 (E).
Page 1 | RULE 7.03(A)
Fax filings, when permitted, will not be accepted at any fax number other than the Clerk of Courts’ fax number.
No fax filings will be accepted at any fax number other than that of the Clerk of Courts.
Page 1 | RULE 7.03(B)
Discovery materials must not be filed with the Clerk unless the Court specifically orders it, although a notice that discovery was served may be filed.
No party or counsel shall file with the Clerk copies of requested discovery, unless specifically Ordered by the Court. The party or counsel may file a notice of submitting discovery reflecting that certain discovery has been served upon the opposing party.
Page 1 | RULE 18.06(D)
The eFiling is accepted as an original, and its signature is accepted as an original, consistent with Civ.R. 5(E).
The eFiling will be accepted as original and the signature accepted as original consistent with Civ.R. 5(E).
Page 1 | RULE 7.03(A)
Filing Timing and Cure Windows
Filings completed by 4:00 p.m. on a business day are filed that day; later or non-business-day filings are filed the next business day.
All filings must be completed on a business day, on or before 4:00 P.M. to be considered filed on that day. Any filing completed after 4:00 P.M. or on other than a business day, shall be considered, time-stamped, and filed on the next business day.
Page 1 | RULE 7.03(C)
Service and Proof of Service Rules
Counsel must give opposing counsel exhibit copies and have paper copies at trial; exhibits must not be filed with the Clerk.
Each counsel shall also provide a copy of all exhibits to opposing counsel. On the day of trial, each counsel must have paper copies of all exhibits intended to be used in any fashion or introduced at the trial of the matter. EXHIBITS SHALL NOT BE FILED WITH THE CLERK OF COURT.
Page 1 | RULE 18.10 — EXHIBITS
After notice that certified-mail service failed, the person seeking service must give the Clerk further instructions within 30 days or the case will be dismissed without further notice.
If an attorney or other person attempting to obtain service is notified of failure of service of certified mail and fails to file further instructions for the Clerk to obtain service within 30 days after notice has been deposited in the U.S. mails, the case will be dismissed for want of prosecution, without further notice.
Page 1 | RULE 7.01
The Clerk uses ECF to serve court orders and hearing notices on registered users.
The Clerk of Courts will utilize the ECF to issue service of all court orders and hearing notices to registered users.
Page 1 | RULE 7.03(A)
Pleadings and motions may be served on opposing parties or counsel by fax.
Facsimile copies of pleadings and motions may be served on the opposing parties or their counsel of record.
Page 1 | RULE 7.03(B)
Filing Fees and Waivers
A defendant filing a counterclaim in a divorce or alimony action must deposit $100.
G. The defendant, in the event a counterclaim in a divorce or alimony action is filed, shall deposit a sum of $100.00.
Page 1 | RULE 4.01(G)
Post-decree domestic relations motions require a $485 cost deposit.
H. $485.00 - All post decree domestic relations motions.
Page 1 | RULE 4.01(H)
The cost deposit for a dissolution without minor children is $375.
B. $375.00 - Dissolutions without minor children.
Page 1 | RULE 4.01(B)
A divorce or alimony action with minor children requires a $560 cost deposit.
F. $560.00 - Divorce or alimony action with minor children.
Page 1 | RULE 4.01(F)
An appeal from another tribunal requires a $435 cost deposit.
J. $435.00 - Appeals from other tribunals.
Page 1 | RULE 4.01(J)
The cost deposit for a dissolution with minor children is $400.
C. $400.00 - Dissolutions with minor children.
Page 1 | RULE 4.01(C)
Divorce and alimony actions without children require a $450 deposit, which the Clerk may increase as warranted.
E. $450.00 - For divorce and alimony actions without children, and as much more, as in the judgment of the Clerk of this Court, the nature of the case and the circumstances require.
Page 1 | RULE 4.01(E)
The cost deposit for other civil actions, counterclaims, and crossclaims is $435 plus the mandated $10 fee.
A. $435.00 - All civil actions, counterclaims and cross claims not otherwise mentioned herein, plus $10.00 mandated by R.C. 2303.201.
Page 1 | RULE 4.01(A)
Foreclosures require a $910 deposit, and foreclosure crossclaims or counterclaims require $200.
K. $910.00 - Foreclosures. $200.00 on cross/counter claims.
Page 1 | RULE 4.01(K)
A cognovit complaint requires a $335 cost deposit, taxed as costs and paid to defense counsel.
D. $335.00 - For cognovit complaints from which a fee shall be taxed as costs and be paid to counsel for the defendant.
Page 1 | RULE 4.01(D)
Civil actions and proceedings require an advance deposit for costs, subject to legal exceptions and the listed deposit schedule.
On and after July 1, 2010, no Civil action or proceeding shall be accepted for filing by the Clerk unless the party, or parties, offering the same for filing shall have first deposited a sum of money to secure the payment of costs. If the costs are not paid at the termination of the litigation, any deposits for costs shall be applied by the Clerk to the unpaid costs. Except as otherwise provided by law, when applicable, such advance deposit will be determined by the Clerk of this Court and on April 1, 2023, shall be as follows:
Page 1 | RULE 4 — DEPOSIT OF CASH TO SECURE COSTS, BONDS, ETC.
Proceedings in aid of execution and specified judgment-relief proceedings require a $335 deposit.
I. $335.00 - Proceedings in Aid of Execution, Complaints to Vacate, Revise or Modify Judgment, or other relief.
Page 1 | RULE 4.01(I)
When a party submits the specified inability-to-pay affidavit, the Clerk must accept the complaint and subsequent filings without a cost deposit or security.
When a party makes an affidavit of inability to pay or secure costs as provided in R.C. 2323.31, the Clerk of Courts shall receive and file the complaint and subsequent filings, including 2 certified copies of judgment entry without such deposit or security.
Page 1 | RULE 4.04
A $10 fee is collected for each covered certificate of judgment and specified judgment-enforcement or modification filing.
R. The Clerk of this Court shall collect as a part of court costs deposit, a fee of $10.00 on the filing, docketing and endorsing of each certificate of judgment, or on the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment under divisions (A), (P), (Q), (T), and (U) of R.C. 2303.20, for the computerization of the office of Clerk of Courts. R.C. 2303.201(B)(1).
Page 1 | RULE 4.01(R)
A party requesting at least 10 subpoenas must deposit the amount requested by the Clerk, no less than $100, before issuance.
O. $100.00 - A party requesting the issuance of 10 or more subpoenas for a hearing or a trial, whether by one document or by an accumulative number of documents, shall deposit a sum as shall be requested by the Clerk of this Court prior to issuance, but in no event shall the deposit be less than $100.00.
Page 1 | RULE 4.01(O)
A $3 fee is collected on each specified cause of action or appeal for court computerization and legal research.
Q. The Clerk of this Court shall collect as a part of court costs deposit, a fee of $3.00 on the filing of each cause of action or appeal under divisions (A), (Q), and (U) of R.C. 2303.20, for computerization and legal research of the office of Common Pleas Judge. R.C. 2303.201(A)(1).
Page 1 | RULE 4.01(Q)
The special-projects fee is $125 for each listed case or proceeding, except foreclosures, for which it is $500.
S. The Clerk of this Court shall collect as a part of court costs deposit, a fee of $125.00 on the filing of each criminal cause, civil action or proceeding, excepting foreclosures, or judgment by confession, for and as a general special projects fund. The fee collected shall be $500.00 in all foreclosure cases. R.C. 2303.201(E)(1).
Page 1 | RULE 4.01(S)
A $50 mediation-services fee is collected as part of the cost deposit in each listed case or proceeding.
P. The Clerk of this Court shall collect as a part of court costs deposit, a fee for mediation services in the sum of $50.00 on each criminal cause, civil action or proceeding, or judgment by confession. R.C. 2303.201(E)(1).
Page 1 | RULE 4.01(P)
A party requesting a jury must deposit $180 for the first trial day and additional amounts daily if trial continues longer.
L. $180.00 - The party requesting a jury shall deposit the sum of $180.00 to cover one day's jury trial. In the event jury trial is to continue for more than one day, the party requesting a jury trial will be required to deposit additional amounts daily to cover same.
Page 1 | RULE 4.01(L)
A written request for a DVD recording must include a $10 fee.
A fee of $10.00 must accompany the request.
Page 1 | RULE 3 — Objections to Magistrate's Decision and Reply Thereto
Garnishment proceedings require a $90 cost deposit.
M. $90.00 - Garnishment proceedings.
Page 1 | RULE 4.01(M)
A party requesting a guardian ad litem in a domestic relations matter must deposit $500 when making the request.
N. $500.00 - In the event a Guardian Ad Litem is requested in a Domestic Relations matter, at the time of making the request the party asking for the appointment shall deposit said sum, which shall only be a deposit toward payment of the total GAL fees.
Page 1 | RULE 4.01(N)
A party may secure costs by a bond instead of cash, subject to Clerk approval and the prohibition on attorney sureties.
In lieu of cash deposit, costs may be secured by bond, with surety approved by the Clerk, provided that no member of the Bar shall be accepted as such surety.
Page 1 | RULE 4.02
Courtesy Copy Requirements
Parties must deliver paper copies of all intended trial exhibits to chambers at least three business days before final trial; electronic delivery is not accepted.
At least three (3) business days prior to final trial on the merits, the parties shall deliver to the Court’s chambers, a paper copy of all exhibits that are intended to be used in any fashion or introduced at trial. THE COURT WILL NOT ACCEPT ELECTRONIC DELIVERY OF ANY EXHIBITS.
Page 1 | RULE 18.10 — EXHIBITS
Pre-Motion Conference Requirements
Motions must include a supporting memorandum; opposing parties must respond within 14 days after service, after which the matter is deemed submitted when briefing time expires.
Motions shall be accompanied by a memorandum stating the grounds therefore and citing the authorities and reasons relied upon. Within 14 days after service of such Motion, each party opposing the Motion shall respond. Upon expiration of the time for filing memoranda, the matter shall be deemed submitted.
Page 1 | RULE 10.01
Failure to file a memorandum when required waives the opportunity and consents to immediate submission for decision.
Failure to file a memorandum at the time required is a waiver and consent to submit the issue or case to the Court forthwith for decision.
Page 1 | RULE 10.01
The Court may decide motions under Civil Rule 7(B)(2), and will set an oral hearing only if the requesting party demonstrates the need in writing before the 14-day period expires.
Motions shall, at the discretion of the Court, be ruled upon pursuant to Civ.R. 7(B)(2). Oral hearings on motions shall be set only where the party seeking same demonstrates such need in writing prior to the expiration of fourteen days.
Page 1 | RULE 10.02
Domestic relations matters are referred to a magistrate under Ohio Civil Rule 53.
The parties in Domestic Relations cases not being by the Constitution entitled to a trial by jury, and it is deemed to be for the best interests of the parties that any matters be referred to a Magistrate of this Court in accordance with Rule 53 of the Ohio Rules of Civil Procedure.
Page 1 | RULE 3 — MAGISTRATE AND OBJECTIONS TO MAGISTRATE'S DECISION
Civil jury cases and other civil cases requested by counsel or required by the Court may be assigned for a pretrial conference.
All civil jury cases, and such other civil cases as counsel may request, or the Court requires, may be assigned for pretrial conference.
Page 1 | RULE 12.01
Adjournment & Extension Requirements
A continuance requested more than 10 days after assignment for trial, hearing, or conference will not be granted absent the most unusual circumstances.
Continuances shall not be granted, except for the most unusual circumstances, if requested more than 10 days after the case has been assigned for trial, hearing or conference.
Page 1 | RULE 30.01 — Continuances
A continuance motion must be written, promptly copied to the Assignment Commissioner or Domestic Bailiff, preceded by an attempt to obtain the opponent’s consent, and state the reason, consent result, and number of prior continuances; party endorsement may be waived for good cause.
All motions for continuance shall be in writing. Movants shall immediately provide a copy to the Court’s Assignment Commissioner/Domestic Bailiff. The movant shall first attempt to secure the consent of opposing counsel or party if not represented. The motion shall be endorsed by the party- provided this provision may be waived by the court for good cause shown- and set forth the reason for the continuance, whether consent was obtained or denied and shall state the number of prior continuances.
Page 1 | RULE 18.05(A)
Only the Court may grant a continuance, with Judge or Magistrate approval; if granted, the moving party must obtain a new date and immediately notify the other parties and any guardian ad litem, while the noticed matter remains in effect until an order issues.
If the motion is granted, the party seeking the continuance must obtain a new hearing date and shall immediately notify the opposing party, counsel, and guardian ad litem, if any. Continuances shall only be granted by leave of Court. All continuances must be approved by the Judge or Magistrate. The matter shall proceed as Noticed until such time as the Court enters an Order granting the requested continuance.
Page 1 | RULE 18.05(A)
A conflicting trial assignment is resolved in favor of the case set first; a continuance motion must include the conflicting assignment and be filed at least 14 days before trial, or the movant may be ordered to pay specified costs and fees.
When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in a different court, the case that was first set for trial shall have priority. (See Sup. R. 41). The Court will not consider any motion for continuance unless a copy of the conflicting assignment is attached to the motion and the motion is filed not less than fourteen (14) days prior to trial. If a motion to continue is filed less than fourteen (14) days prior to trial due to a conflicting assignment, the party or counsel seeking continuance may be Ordered to pay all preparation costs, expert witness fees, witness fees and attorney fees to the other party.
Page 1 | RULE 18.05(C)