Court Rules

Van Wert County Court of Common Pleas, Ohio

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Arbitration Memorandum
10 pgs

Courtesy Copies

Original Pleading, Post Decree Motion, Response

  • 1 copy

Original Pleadings, Post Decree Motions, Responses

  • 1 copy

Adjournments

  • If counsel have not finished presenting the case within the allocated hearing time, the Court may allow more time if available and nonconflicting, or continue the case.
  • A continuance requires a written motion stating a particular reason that constitutes good cause.
  • A continuance motion submitted more than ten days after the specified period may be granted only after a hearing establishes good cause for the delay and prejudice to a party if the continuance is denied.
  • +15 more

Request must include

Reason for RequestProposed Rescheduled Date
  • If counsel seeks a continuance after notice of a proceeding requiring counsel's personal appearance is filed, the motion must be filed within ten days.
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

One week prior to the arbitration hearing, the parties shall submit to each arbitrator and the opposing party a memorandum not exceeding 10 pages stating the legal and factual positions of the parties, together with an organized packet containing documentary exhibits the party intends to offer at the hearing.

Arbitration memorandum
Up to 10 pages

Document Format Requirements10 rules

FormattingMandatory

Documents to be file-stamped must leave a clear, legible area 2 inches high by 2¼ inches wide to the right of the Court Title and Case Number.

Court's wording

All pleadings and any other documents that are to be “file stamped” by the Clerk, shall be formatted leaving an open area, two (2) inches high by two and one-quarter (2 ¼) inches wide, to the right of the Court Title and the Case Number for the placement of the Clerks filing stamp. The purpose of this Rule is to insure that the stamp impression is clear of any other printed matter on the page and is fully legible.

Rule6 · Jul 2015 · p. 1
|Section6.1 Filing Requirements
FormattingMandatory

Documents must be submitted in Portable Document Format (PDF).

File type
PDF
REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 13
|SectionRule 5 — Electronic Filings, Document Format
FormattingMandatory

All pleadings and any other documents that are to be “file stamped” by the Clerk, shall be formatted leaving an open area, two (2) inches high by two and one-quarter (2 ¼) inches wide, to the right of the Court Title and the Case Number for the placement of the Clerks filing stamp.

FormattingMandatory

Assigned counsel must submit the itemized statement in duplicate.

Applies to
  • Itemized statement

Formatting

  • Submit in duplicate

Court's wording

In all cases and upon the completion of the service, it shall be the duty of such assigned counsel to submit an itemized statement, in duplicate, of the services rendered and the time spent in connection with such services in the preparation and trial or other disposition of same, and any out-of-pocket expenses incurred therein.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 43
|SectionRULE 19 - COURT APPOINTED COUNSEL
FormattingMandatory

Valid objections to the arbitration must be raised by written motion filed no later than 10 days from the mailing of notice of assignment of the case to arbitration.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 48
|SectionRULE 21 - SUMMARY ARBITRATION
FormattingMandatory

Objections to any arbitrator must be raised by written motion filed no later than 10 days from the mailing of notice of assignment of the arbitrators to a case.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 48
|SectionRULE 21 - SUMMARY ARBITRATION
FormattingImportant

Attachments and exhibits should be combined in one PDF, but may be split into labeled parts if the file is too large to upload.

File type
PDF

Court's wording

Attachments and exhibits to pleadings or motions should be included in one PDF file. If the file size is too large to upload, the attachments or exhibits can be filed in multiple parts and labeled as Part 1, 2, 3, etc.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 15
|SectionRule 5 — Electronic Filings, Attachments and Exhibits
FormattingImportant

Video tape depositions shall comply with Sup. R. 12.

FormattingImportant

A record will be made of any proceedings before the magistrate only if a request is made therefor in writing

FormattingImportant

Written transcripts are to be originals or certified copies. To facilitate scanning, all transcripts are to be single sided on 8 ½ x 11 sheet of paper with each sheet containing only one page of transcript. The transcript must be bound in a report folder. Staples may not be used to bind a transcript.

Document Filing Requirements145 rules

Filing RequirementsMandatoryCivil cases

A parent relocating from the residence identified in the last parenting order must file a notice with the court that issued the order.

Court's wording

Each parent must file a notice of intent to relocate any time they change their residence from that of the residence where they resided at the time of the last parenting order. Said notice must be filed with the Court that issued the parenting order.

Filing RequirementsMandatoryCivil cases

Any time a Judgment Entry orders parenting time in accordance with one of the options in Appendix A, a copy of Appendix A shall be attached to and incorporated in the Judgment entry.

Filing RequirementsMandatoryCivil casesCourt notice

Upon completion of any of these programs, you must print out the Certificate of Completion

parentingclass · Oct 2015 · p. 1
|SectionRULE 6.5 - PARENTING CLASS INFORMATION
Filing RequirementsMandatory

A divorce, legal separation, or annulment complaint without children must be filed with the Complaint and Uniform Domestic Relations Affidavits 1 and 2.

Court's wording

In original filings or post decree filings the following documents shall also be filed as set forth below: A. Complaint for Divorce/Legal Separation/Annulment without children: - Complaint - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 2 — Affidavit of Property

Rule6 · Jul 2015 · p. 2
|Section6.2 Required Attachments
Filing RequirementsMandatory

Complaints for divorce, legal separation, or annulment with children, including paternity complaints, must include the listed forms, including the DR 2 IV-D Application, without which the Clerk will not accept the filing.

Court's wording

In original filings or post decree filings the following documents shall also be filed as set forth below: B. Complaint for Divorce/Legal Separation/Annulment with children (also includes Complaint for Paternity): - Complaint - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 2 — Affidavit of Property - Uniform Domestic Relations Form — Affidavit 3 — Parenting Proceeding Affidavit - Uniform Domestic Relations Form — Affidavit 4 — Health Insurance Affidavit - DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit.

Rule6 · Jul 2015 · p. 2
|Section6.2 Required Attachments
Filing RequirementsMandatory

A petition for dissolution without children must be filed with the Petition, Uniform Domestic Relations Affidavits 1 and 2, a Waiver of Service of Summons, and a Separation Agreement.

Court's wording

In original filings or post decree filings the following documents shall also be filed as set forth below: C. Petition for Dissolution without children: - Petition - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 2 — Affidavit of Property - Waiver of Service of Summons - Separation Agreement

Rule6 · Jul 2015 · p. 2
|Section6.2 Required Attachments
Filing RequirementsMandatory

When the specified move makes Local Visitation impractical, an election of Long Distance Visitation must be filed.

Court's wording

If either the residential or the non-residential parent moves out of the county to a situs that is more distant than their residence at the time of the filing of the most recent visitation order made by this Court, and Local Visitation is not practical then an election of Long Distance Visitation must be filed.

Rule6 · Jul 2015 · p. 7
|Section6.12 Visitation and companionship
Filing RequirementsMandatory

The notice of the election shall be in writing, duly filed with the Court and served on the other party by Certified Mail, with return receipt requested.

Rule6 · Jul 2015 · p. 7
|Section6.12 Visitation and companionship
Filing RequirementsMandatory

A separate Entry shall be made to provide for health care and insurance for dependent, minor children.

Rule6 · Jul 2015 · p. 7
|Section6.10 Health Insurance
Filing RequirementsMandatory

A residential parent who intends to relocate must first file a written notice of same with the Clerk of Courts setting forth date, place, address, phone number and other known information relative to relocation and cause said notice to be served upon the other parent.

Rule6 · Jul 2015 · p. 8
|Section6.12A Notice of Relocation by Residential Parent (O.R.C. 3109.05.1(G)(I)
Filing RequirementsMandatory

At the final hearing, counsel shall furnish the Court with a final judgment entry together with all other required orders and required supporting documents.

Rule6 · Jul 2015 · p. 8
|Section6.13 Hearings — Uncontested Hearings
Filing RequirementsMandatory

All entries shall be approved by both counsel of record or parties appearing pro se, unless specifically waived by the Court.

Rule6 · Jul 2015 · p. 10
|Section6.14 Entries
Filing RequirementsMandatory

Temporary orders, journal entries, and judgment entries in cases involving minor children must be filed simultaneously with the specified child-support, health-insurance, and withholding documents.

Court's wording

All Temporary Orders, Journal Entries and Judgment Entries in all cases involving minor children shall have simultaneously filed therewith the following: A. A separate Order for Child Support, Form DR-5, including the appropriate withholding, deduction order or a bond order with a child support computation worksheet attached and B. A separate Order for Health Insurance, Form DR-6, and C. A Withholding Notice to Parties of a Support Order, ODHS Form 4047 and ODHS Form 4048.

Rule6 · Jul 2015 · p. 10
|Section6.14 Entries
Filing RequirementsMandatory

Every entry other than a final entry must include the specified hearing and referral language at the end of its body.

Document
Other entry
Placement
Body of the document

Court's wording

All other entries shall contain the following language at the end of the body of the entry: “This cause came on to be heard on the ____ day of ___________, 20___, before Magistrate, Joseph E. Quatman , to whom this cause was referred by the Honorable Judge, Martin D. Burchfield, to try the issues of law and fact arising herein under the provisions of Rule 53 and 75A of the Ohio Rules of Civil Procedure. ______________________________ Joseph E. Quatman, Magistrate IT IS SO ORDERED. ______________________________ Martin D. Burchfield, Judge

Rule6 · Jul 2015 · p. 10
|Section6.14 Entries
Filing RequirementsMandatory

Every final entry must include the specified Magistrate review and recommendation language at the end of its body.

Document
Final entry
Placement
Body of the document

Court's wording

All final entries shall contain the following language at the end of the body of the entry: “The undersigned, being the Court’s Magistrate to whom this matter has been referred pursuant to Civil Rule 53, has reviewed the foregoing entry and respectfully recommends this Court approve the entry and accept it as the Magistrate’s report since it accurately reflects the findings and recommendations which are appropriate based upon the law and evidence presented. Reviewed and recommended: _____________________________ Joseph E. Quatman, Magistrate IT IS SO ORDERED. _____________________________ Martin D. Burchfield, Judge

Rule6 · Jul 2015 · p. 10
|Section6.14 Entries
Filing RequirementsMandatory

In all uncontested matters and dissolutions, counsel shall provide the Court a final entry together with all required orders and required supplemental documents at the final hearing.

Rule6 · Jul 2015 · p. 10
|Section6.14 Entries
Filing RequirementsMandatory

Shared Parenting Plans must include the parties’ waiver of the 30-day pre-filing requirement or be accompanied by a separate Waiver of Service of Summons filed at the hearing.

Court's wording

All Shared Parenting Plans shall include language whereby both parties waive the thirty (30) day pre-filing requirement before the Plan can be ordered by the Court, ORC Sec. 3109.04(G) or in the alternative shall file, at the time of the hearing a separate waiver, a Waiver of Service of Summons.

Rule6 · Jul 2015 · p. 11
|Section6.15 Waivers
Filing RequirementsMandatory

If opposing counsel rejects the entry, he/she shall prepare an entry in accordance with his/her objections and submit it to prevailing counsel and the Court together with the rejected entry.

Rule6 · Jul 2015 · p. 11
|Section6.16 Timely Filing of Entries
Filing RequirementsMandatory

All judgments, decrees and orders shall be prepared by prevailing counsel, accurately reflecting the Court’s decision, and submitted to opposing counsel within seven (7) days of the hearing.

Rule6 · Jul 2015 · p. 11
|Section6.16 Timely Filing of Entries
Filing RequirementsMandatory

Judgment entries for final hearings or post-decree matters must include the parties’ waiver of objections or be accompanied by a separate Form DR-10 waiver filed at the hearing.

Court's wording

All judgment entries incident to a final hearing or a determination of a post decree matter, will include language whereby both parties waive their right to file objections to the Magistrate’s report within fourteen days of the filing of the magistrates decision CR 53 (E) (3)(b) or in the alternative shall file, at the time of the hearing a separate waiver, Form DR-10.

Rule6 · Jul 2015 · p. 11
|Section6.15 Waivers
Filing RequirementsMandatory

All Petitions for Civil Protective Orders and all documents and orders incident thereto shall be filed in compliance with ORC Sec. 311.21 and the Rules of the Ohio Supreme Court.

Rule6 · Jul 2015 · p. 12
|Section6A.1 Compliance
Filing RequirementsMandatory

The forms have been adopted by the Ohio Supreme Court and by Rule of the Court, all Courts are required to use these forms in all protection order cases.

Rule6 · Jul 2015 · p. 12
|Section6A.2 Mandatory Forms
Filing RequirementsMandatory

It shall be the responsibility of the attorney, party or authorized domestic violence service agency to file only such forms as are in compliance with ORC Sec. 3113.31 and as adopted by the Ohio Supreme Court.

Rule6 · Jul 2015 · p. 12
|Section6A.3 Filing of Civil Protective Orders
Filing RequirementsMandatory

DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit.

Rule6 · Jul 2015 · p. 14
|Section6.2 Required Attachments
Filing RequirementsMandatory

A post-decree motion to modify child or spousal support must include the listed motion and affidavits, including the DR 2 IV-D Application.

Court's wording

F. Post-decree motion requesting modification of child/spousal support: - Motion - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 3 — Parenting Proceeding Affidavit - Uniform Domestic Relations Form — Affidavit 4 — Health Insurance Affidavit - DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit. - Affidavit in Support of Motion

Rule6 · Jul 2015 · p. 14
|Section6.2 Required Attachments
Filing RequirementsMandatory

H. Post-decree motions to show cause: - Motion - Affidavit in Support - Order to Show Cause Containing Notice

Rule6 · Jul 2015 · p. 14
|Section6.2 Required Attachments
Filing RequirementsMandatory

A post-decree motion to modify custody or visitation must include the listed motion and affidavits, including the DR 2 IV-D Application.

Court's wording

G. Post-decree motion requesting modification of custody or modification of visitation: - Motion - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 3 — Parenting Proceeding Affidavit - Uniform Domestic Relations Form — Affidavit 4 — Health Insurance Affidavit - DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit. - Affidavit in Support of Motion

Rule6 · Jul 2015 · p. 14
|Section6.2 Required Attachments
Filing RequirementsMandatory

E. Petition to Register Foreign Orders: - Complaint - Two authenticated copies of the foreign judgment

Rule6 · Jul 2015 · p. 14
|Section6.2 Required Attachments
Filing RequirementsMandatory

All motions requesting ex-parte orders shall be accompanied by a comprehensive affidavit of the party requesting such orders, supporting each element of relief that is requested.

Rule6 · Jul 2015 · p. 15
|Section6.4 Temporary Orders
Filing RequirementsMandatory

E. All parties to original divorce and legal separation actions in the Van Wert Common Pleas Court shall observe and adhere to the Court's Standard Standing Orders (DR Form 14).

Rule6 · Jul 2015 · p. 15
|Section6.4 Temporary Orders
Filing RequirementsMandatory

The parties shall each file, or cause to be filed, with the Court a certificate of attendance for the parenting class.

Rule6 · Jul 2015 · p. 15
|Section6.5 Parenting Class
Filing RequirementsMandatory

Counsel for the Plaintiff shall provide the client with a copy of the Standing Orders.

Rule6 · Jul 2015 · p. 15
|Section6.4 Temporary Orders
Filing RequirementsMandatory

A judgment entry will not be signed unless it includes notice setting a further hearing between 7 and 28 days after the entry is filed.

Court's wording

No judgment entry will be signed by the Court unless there is endorsed on the entry, a notice setting the motion for further hearing not sooner than seven (7) nor later than twenty-eight (28) days from the date of the filing of the entry.

Rule6 · Jul 2015 · p. 15
|Section6.4 Temporary Orders
Filing RequirementsMandatory

Parents in covered domestic cases must attend the parenting class; for post-decree relief, attendance must be within the preceding two years or the parties must attend again.

Court's wording

All parents involved in a new or pending domestic case or in any case seeking post-decree relief in this Court which involves the designation of residential parent and allocation of parental rights and responsibilities for their children or the modification of the same shall be required to attend the parenting class. When post-decree relief is sought, the parents must have attended the parenting class within the two years immediately preceding the filing of the motion for relief; if over two years, the parties shall attend the parenting class again.

Rule6 · Jul 2015 · p. 15
|Section6.5 Parenting Class
Filing RequirementsMandatory

The Clerk will not file covered support, health-insurance, or response pleadings unless the filer submits an Affidavit of Income and Expenses, Form DR-2 IV-D Affidavit, and either of the specified Journal Entries.

Court's wording

A. The Clerk of Courts shall not file any pleadings or motions requesting child or spousal support payments, health insurance coverage for minor children or the filing of any response to the same unless the attorney or party, if unrepresented, filing the pleading, motion, or response completes and files the following with the Clerk: 1. Affidavit of Income and Expenses (see http://www.supremecourt.ohio.gov/JCS/CFC/DRForms/default.asp), and Form DR-2, IV-D Affidavit and either 2. A Journal Entry setting the matter for hearing on temporary orders or 3. A Journal Entry dispensing with hearing temporary orders.

Rule6 · Jul 2015 · p. 15
|Section6.4 Temporary Orders
Filing RequirementsMandatory

Temporary and final child support orders must be entered separately and include the required statutory language and attachments, with a Child Support Worksheet attached as an exhibit.

Court's wording

A separate Entry shall be made for temporary and final child support orders which shall: A. incorporate all language currently required by the C.S.E.A, and B. all other language and attachments as required by ORC Sec. 3113 .21 through .2110 or subsequent enactment and, C. have a Child Support Worksheet attached as an Exhibit.

Rule6 · Jul 2015 · p. 16
|Section6.7 Child Support
Filing RequirementsMandatory

In any parenting proceeding filed, original or post decree, the parties shall complete and file with the Clerk, an affidavit consistent with O.R.C. 3109.27 duly sworn and notarized setting forth the required information referenced therein.

Rule6 · Jul 2015 · p. 16
|Section6.6 Designation of Residential Parent
Filing RequirementsMandatory

Separation agreements, shared parenting plans or other documents that provide for the designation of residential parent and allocate parental rights and responsibilities shall be submitted to the Court for review in all uncontested cases prior to the final hearing.

Rule6 · Jul 2015 · p. 16
|Section6.6 Designation of Residential Parent
Filing RequirementsMandatory

If an Original Document requires a signature of a non-attorney, the filing party or the clerk’s office must scan the original document and then electronically file it.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 12
|SectionRule 5 - Electronic Filings
Filing RequirementsMandatory

Pursuant to Civ.R. 5(E)(1) and Crim.R. 12(B)(2), any documents transmitted without authority will be stricken.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 12
|SectionRule 5 - Electronic Filings
Filing RequirementsMandatory

All electronically-filed documents must be signed by an attorney admitted to practice in the State of Ohio or by a party not represented by an attorney.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 12
|SectionRule 5 - Electronic Filings
Filing RequirementsMandatory

Each e-filer must complete an online Document Description Form for every electronic filing with the listed case, document, transmission, and filer information.

Court's wording

For each electronic document filed, the e-filer must complete an online Document Description Form containing the following information: • The title of the case; • The case number, if previously assigned; • The assigned judge, if previously assigned; • The title of the document being filed; • The date of transmission; and • The name, Ohio attorney-registration number, address, telephone number, fax number, and email address of the attorney or party filing the document.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 12
|SectionRule 5 - Electronic Filings
Filing RequirementsMandatory

An electronic signature has the effect of a manual signature, and must be either “/s/” with the typed name or an electronic or scanned signature image.

Court's wording

An electronic signature will have the same force and effect as a manual signature. An electronically-submitted document issued or received by the clerk is considered signed if an electronic signature is included on the document. An electronic signature must include at least one of the following: a. “/s/” and the name typed in the space where the signature would otherwise appear; or b. An electronic image or scanned image of the signature.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 12
|SectionRule 5 - Electronic Filings
Filing RequirementsMandatory

An electronically filed pleading or other document requiring an attorney's signature must use the stated electronic-signature format and include the listed attorney information.

Court's wording

A pleading or other document requiring an attorney’s signature must be signed with an electronic signature in substantially the following format if filed electronically: • /s/Ohio Attorney • Ohio attorney-registration number • Attorney for (Plaintiff/Defendant) • Address • Telephone Number • Facsimile Number • Email Address

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 12
|SectionRule 5 - Electronic Filings
Filing RequirementsMandatory

Pursuant to Crim.R. 12(B)(1), all criminal complaints must comply with Crim.R. 3.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 12
|SectionRule 5 - Electronic Filings
Filing RequirementsMandatory

E-filers must include a properly signed certificate of service using substantially the specified language.

Document
Filed document
Placement
Certificate section

Must include

  • Certificate of service

Court's wording

All e-filers must also include on their documents a certificate of service signed in accordance with the Civil Rules or the Criminal Rules, and these Local Rules. The certificate of service must contain substantially the following language: “I hereby certify that on [date], [document title] was served through the Court’s Electronic Filing Service or by ordinary U.S. mail.”

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 15
|SectionRule 5 — Electronic Filings
Filing RequirementsMandatory

Every fax filing must comply with the applicable civil or criminal rules and include a cover page with all listed attorney and transmission details.

Court's wording

All facsimile transmissions tendered to the clerk for filing under this rule must comply with the applicable Civil Rules and Criminal Rules and include a cover page containing the following information: • Name of attorney; • Address of attorney; • Ohio Supreme Court registration number of attorney; • Telephone number of attorney; • Facsimile number of attorney; • Email address of attorney; • Date and time of facsimile transmission; and • Number of pages of facsimile transmission.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 16
|SectionRule 5(B) — Facsimile Filing
Filing RequirementsMandatory

A complaint for divorce, legal separation, annulment with children, or paternity must include the listed affidavits and DR 2 IV-D Application, without which the Clerk’s Office will not accept the filing.

Court's wording

B. Complaint for Divorce/Legal Separation/Annulment with children (also includes Complaint for Paternity): - Complaint - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 2 — Affidavit of Property - Uniform Domestic Relations Form — Affidavit 3 — Parenting Proceeding Affidavit - Uniform Domestic Relations Form — Affidavit 4 — Health Insurance Affidavit - DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit.

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 19
|Section6.2 Required Attachments
Filing RequirementsMandatory

A petition for dissolution without children must be filed with the specified affidavits, waiver of service, and separation agreement.

Court's wording

C. Petition for Dissolution without children: - Petition - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 2 — Affidavit of Property - Waiver of Service of Summons - Separation Agreement

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 19
|Section6.2 Required Attachments
Filing RequirementsMandatory

E. Petition to Register Foreign Orders: - Complaint - Two authenticated copies of the foreign judgment

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 19
|Section6.2 Required Attachments
Filing RequirementsMandatory

A petition for dissolution with children must include the listed affidavits, waivers, separation agreement, and DR 2 IV-D Application; the Clerk’s Office will not accept the filing without the application.

Court's wording

D. Petition for Dissolution children: - Petition - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 2 — Affidavit of Property - Uniform Domestic Relations Form — Affidavit 3 — Parenting Proceeding Affidavit - Uniform Domestic Relations Form — Affidavit 4 — Health Insurance Affidavit - Waiver of Magistrate’s Decision - DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit. - Waiver of Service of Summons - Separation Agreement

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 19
|Section6.2 Required Attachments
Filing RequirementsMandatory

A. Complaint for Divorce/Legal Separation/Annulment without children: - Complaint - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 2 — Affidavit of Property

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 19
|Section6.2 Required Attachments
Filing RequirementsMandatory

H. Post-decree motions to show cause: - Motion - Affidavit in Support - Order to Show Cause Containing Notice

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 20
|Section6.2 Required Attachments
Filing RequirementsMandatory

A post-decree motion to modify custody or visitation must include the listed affidavits and DR 2 IV-D Application, without which the Clerk’s Office will not accept the filing.

Court's wording

G. Post-decree motion requesting modification of custody or modification of visitation: - Motion - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 3 — Parenting Proceeding Affidavit - Uniform Domestic Relations Form — Affidavit 4 — Health Insurance Affidavit - DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit. - Affidavit in Support of Motion

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 20
|Section6.2 Required Attachments
Filing RequirementsMandatory

A post-decree motion to modify child or spousal support must include the listed affidavits and DR 2 IV-D Application, without which the Clerk’s Office will not accept the filing.

Court's wording

F. Post-decree motion requesting modification of child/spousal support: - Motion - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 3 — Parenting Proceeding Affidavit - Uniform Domestic Relations Form — Affidavit 4 — Health Insurance Affidavit - DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit. - Affidavit in Support of Motion

REVISED LOCAL RULES 6 16 26 · Jun 2026 · p. 20
|Section6.2 Required Attachments
Filing RequirementsMandatory

The Clerk will not file covered support or insurance pleadings, motions, or responses unless the filer submits the specified affidavits and one of the two alternative Journal Entries.

Court's wording

A. The Clerk of Courts shall not file any pleadings or motions requesting child or spousal support payments, health insurance coverage for minor children or the filing of any response to the same unless the attorney or party, if unrepresented, filing the pleading, motion, or response completes and files the following with the Clerk: 1. Affidavit of Income and Expenses (see http://www.supremecourt.ohio.gov/JCS/CFC/DRForms/default.asp), and Form DR-2, IV-D Affidavit and either 2. A Journal Entry setting the matter for hearing on temporary orders or 3. A Journal Entry dispensing with hearing temporary orders.

Filing RequirementsMandatory

C. Ex-Parte Temporary Orders are discouraged and will not be issued except in exigent circumstances. All motions requesting ex-parte orders shall be accompanied by a comprehensive affidavit of the party requesting such orders, supporting each element of relief that is requested.

Filing RequirementsMandatory

A judgment entry will not be signed unless it bears notice setting a further hearing 7 to 28 days after the entry is filed.

Court's wording

No judgment entry will be signed by the Court unless there is endorsed on the entry, a notice setting the motion for further hearing not sooner than seven (7) nor later than twenty-eight (28) days from the date of the filing of the entry.

Filing RequirementsMandatory

The parties shall each file, or cause to be filed, with the Court a certificate of attendance for the parenting class.

Filing & Service rules

Electronic Filing Rules

A person or entity must register with the EFM before e-filing and provide the EFM with a designated email address.

(c) Registration. A person or entity must first register with the EFM in order to e-file. Upon approval or denial of the request for access to the EFM, the person or entity will receive an email of approval or denial. An e-filer must provide a designated email address to the EFM.

Page 11 | Rule 5 - Electronic Filings

Depositions and other transcripts must be filed in paper format with the clerk.

All depositions and other transcripts must be filed in paper format with the clerk in accordance with these Local Rules.

Page 12 | Rule 5 - Electronic Filings

If problems with the e-filer’s own system or procedures prevent electronic filing, the e-filer must file a hard copy or fax the document to the clerk.

An e-filer who cannot file a document electronically due to problems on the e-filer’s system or procedures must file a hard copy or fax file the document with the clerk.

Page 14 | Rule 5 — Electronic Filings, Technical Failures

A document cannot be altered after it receives an electronic file stamp.

After a document receives an electronic file stamp, the document cannot be altered.

Page 14 | Rule 5 — Electronic Filings, Electronic File Stamp

A faxed filing and its signature are accepted as originals, and the original hard copy must not be submitted or accepted for filing afterward.

A facsimile transmission will be accepted for filing as the original, and the signature contained thereon will be accepted as the original. Following the acceptance of and filing of a document by means of facsimile transmission, the original “hard copy” must not be tendered to the clerk for purposes of filing, and the clerk must not accept for filing the original “hard copy.”

Page 16 | Rule 5(B) — Facsimile Filing

Anyone who elects to e-file is responsible for delays, disruptions, signal interruptions, and document readability, and assumes the risk that the document may not be properly filed.

Any attorney, party, or other person who elects to file any document electronically will be responsible for any delay, disruption, interruption of electronic signals, and readability of the document and accepts the full risk that the document may not be properly filed with the clerk as a result.

Page 14 | Rule 5 — Electronic Filings, Technical Failures

Electronic filing is preferred, but emergency or urgent filings may be sent to the Clerk of Courts by fax at the listed number.

Pleadings and other papers may be filed with the Clerk of Courts by facsimile transmission to (419) 238-4760 subject to the following conditions: (1) Although electronic filing is the preferred and most efficient way to file, the clerk of courts maintains a private telephone line and facsimile machine to accept emergency or urgent faxed filings.

Page 15 | Rule 5(B) — Facsimile Filing

Documents filed after the initiating pleading may be tendered by fax if they are fewer than 26 pages and do not require a Local Rule 4 security deposit.

Pleadings or other documents that are filed after the original complaint or other initiating pleading and that are less than 26 pages and do not require a security deposit under Local Rule 4 may be tendered to the clerk for filing by facsimile transmission.

Page 15 | Rule 5(B) — Facsimile Filing

Pleadings and other papers may be filed electronically with the clerk, subject to Rule 5.

(a) In conformity with the Ohio Revised Code, Civ.R. 5(E), and Crim.R. 12(B), pleadings and other papers may be filed with the clerk of courts electronically, subject to the provisions in this rule.

Page 11 | Rule 5 - Electronic Filings

Complaints, including criminal complaints, may be filed electronically.

Complaints, including criminal complaints, may be filed electronically.

Page 12 | Rule 5 - Electronic Filings

The clerk receives electronic documents 24 hours a day, seven days a week, regardless of office hours.

The clerk receives electronic documents 24 hours per day, seven days per week, regardless of whether the clerk’s office is open.

Page 13 | Rule 5 — Electronic Filings

Filing Timing and Cure Windows

The notice of intent to relocate must be filed at least 30 days before relocation unless emergency circumstances apply.

Said notice must be filed at least thirty (30) days in advance of the relocation, absent emergency circumstances.

Civil cases

Page 10 | RELOCATION

The other parent must file a written hearing request within 20 days of receiving the election; absent a timely request, the election is automatically granted.

If the other parent does not file a written request for a hearing within twenty (20) days of the receipt of the election serving a copy of the request on the party who gave the notice or that party’s counsel by regular mail, the request will be automatically granted.

Page 7 | 6.12 Visitation and companionship

Opposing counsel must approve or reject the entry within seven days.

Opposing counsel shall approve or reject the entry within seven (7) days, and if approved, forthwith submit the same to the Court.

Page 11 | 6.16 Timely Filing of Entries

If opposing counsel does not approve the entry within seven days, prevailing counsel must submit it to the Court without that approval.

If opposing counsel fails to approve the same within the seven days, prevailing counsel shall submit the entry to the Court without the approval of opposing counsel.

Page 11 | 6.16 Timely Filing of Entries

A Shared Parenting Plan may not be ordered until it has been on file for 30 days unless a written waiver is submitted.

A Shared Parenting Plan will not be ordered until the plan has been on file for thirty (30) days unless a written waiver is submitted.

Page 11 | 6.15 Waivers

Prevailing counsel must submit the prepared judgment, decree, or order to opposing counsel within seven days of the hearing.

All judgments, decrees and orders shall be prepared by prevailing counsel, accurately reflecting the Court’s decision, and submitted to opposing counsel within seven (7) days of the hearing.

Page 11 | 6.16 Timely Filing of Entries

Requests for hearings shall be promptly and timely made so that hearings can be set within the time limits set by law.

Requests for hearings shall be promptly and timely made so that hearings can be set within the time limits set by law.

Page 12 | 6A.5 Hearings

To have a rejected filing treated as tendered on the rejection date, the e-filer must resubmit it within 24 hours of the rejection email, including on weekends and holidays; later corrective filings are rejected, and a new attempt will not relate back.

A rejected filing will be treated by the court as having been tendered to the clerk for filing on the date of the rejection if the e-filer resubmits the rejected document through the e-filing system within 24 hours after the rejection email was sent by the clerk. That 24-hour window is a firm deadline, and it applies even on weekends and holidays. Any corrective filing submitted after the 24-hour period expires will be rejected. If an e-filer wishes to file the rejected document electronically after the 24-hour correction period, that e-filer may initiate a new e-filing attempt, but the document will not be treated by the court as having been tendered to the clerk on the date of the initial rejection.

Page 13 | Rule 5 — Electronic Filings, Filing Acceptance or Rejection Cycle

An accepted document receives an electronic file stamp, and the document is considered filed on the date and time shown on that stamp.

Upon acceptance by the clerk, a document will receive an electronic file stamp. (ii) This stamp will include the date and time when the clerk originally received the transmission. A document received electronically will be considered to have been filed on the date and time in the time stamp.

Page 14 | Rule 5 — Electronic Filings, Electronic File Stamp

To have a corrective filing relate back to the date and time of a rejected filing caused by technical failures, the e-filer must file a motion seeking relief.

If a document is not filed due to technical failures and the e-filer wishes to have the corrective filing relate back to the date and time of the rejected filing, the e-filer must file a motion with the court seeking relief.

Page 14 | Rule 5 — Electronic Filings, Technical Failures

The clerk’s timestamp determines the filing date and time; faxes received after 4:00 p.m. on a regular business day or anytime on a weekend or holiday are filed the next regular business day.

The date/time of filing is not determined by the facsimile machine date/time stamp but is instead determined by the clerk’s time-stamp clock. Although facsimiles may be transmitted 24 hours per day, seven days per week, regardless of whether or not the clerk’s office is open, any facsimile received by the clerk after 4:00 p.m. on a regular business day or anytime on a weekend or holiday will be filed on the next regular business day. For purposes of any filing deadline imposed by these Local Rules, court order, statute, or otherwise, a document will be deemed filed on the date and time when the clerk time stamps the document.

Page 16 | Rule 5(B) — Facsimile Filing

Parents in covered domestic cases must attend the parenting class; for post-decree relief, attendance must have occurred within the two years before the motion or the parents must attend again.

All parents involved in a new or pending domestic case or in any case seeking post-decree relief in this Court which involves the designation of residential parent and allocation of parental rights and responsibilities for their children or the modification of the same shall be required to attend the parenting class. When post-decree relief is sought, the parents must have attended the parenting class within the two years immediately preceding the filing of the motion for relief; if over two years, the parties shall attend the parenting class again.

Page 21 | 6.5 Parenting Class

The further hearing must be set 7 to 28 days after the judgment entry is filed.

No judgment entry will be signed by the Court unless there is endorsed on the entry, a notice setting the motion for further hearing not sooner than seven (7) nor later than twenty-eight (28) days from the date of the filing of the entry.

Page 21 | 6.4 Temporary Orders

The other parent must file a written hearing request within 20 days after receiving the election.

If the other parent does not file a written request for a hearing within twenty (20) days of the receipt of the election

Page 24 | 6.12 Visitation and companionship

The residential parent may relocate after 14 days have expired from service of the notice, unless the Court orders otherwise.

The residential parent may relocate after the expiration of fourteen (14) days once the other party is served with said notice in the absence of further court order.

Page 25 | 6.12A Notice of Relocation by Residential Parent

The dissolution final hearing must be set 30 to 90 days after the petition is filed.

Said hearing will be set not less than thirty (30) days nor more than ninety (90) days following the date of the filing of the petition.

Page 26 | Dissolution Hearings

The dissolution matter will be dismissed without further notice if the parties fail to appear or no hearing is held within 90 days after filing.

If the parties fail to appear for the hearing or if no hearing is held within ninety (90) days following the date of the filing of the petition, the matter will be dismissed, pursuant to law, without further notice.

Page 26 | Dissolution Hearings

If opposing counsel does not approve the entry within seven days, prevailing counsel must submit it to the Court without that approval.

If opposing counsel fails to approve the same within the seven days, prevailing counsel shall submit the entry to the Court without the approval of opposing counsel.

Page 28 | 6.16 Timely Filing of Entries

Opposing counsel must approve or reject the entry within seven days and, if approving it, submit it to the Court forthwith.

Opposing counsel shall approve or reject the entry within seven (7) days, and if approved, forthwith submit the same to the Court.

Page 28 | 6.16 Timely Filing of Entries

Prevailing counsel must prepare judgments, decrees, and orders that accurately reflect the Court’s decision and submit them to opposing counsel within seven days of the hearing.

All judgments, decrees and orders shall be prepared by prevailing counsel, accurately reflecting the Court’s decision, and submitted to opposing counsel within seven (7) days of the hearing.

Page 28 | 6.16 Timely Filing of Entries

If the Court orders briefs after the evidence, the Plaintiff or moving party must submit a brief within 14 days, the opposing party has 14 additional days, and a reply may be filed within 7 days thereafter.

Upon the conclusion of the evidence, the Court on its own motion, or upon motion of either party may order briefs to be filed. Briefs shall be submitted by the Plaintiff, or moving party within fourteen (14) days, and by the opposing party within fourteen (14) additional days thereafter. A reply brief shall be filed within seven (7) days thereafter if desired.

Page 35 | Rule 11.5 — Briefs

Video tape depositions with objections and requests for rulings must be filed with the Court at least one week before trial.

Video tape depositions containing objections and requests to rule on the objections shall be filed with the Court no later than one week before trial to allow the Court to rule on the objections and consider the means of editing the deposition, if necessary.

Page 36 | Rule 11 — Trial

Opposing counsel must approve or reject the judgment entry within seven days after receiving it.

After submission to opposing counsel, that counsel shall approve or reject same within seven (7) days, and if approved, immediately submit same to the Court.

Page 41 | RULE 17 - JUDGMENT ENTIRES

After the Court makes a judgment, decree, or order, prevailing counsel must prepare a judgment entry accurately reflecting the decision within seven days.

counsel for the prevailing party shall, within seven (7) days prepare and submit to opposing counsel a judgment entry accurately reflecting the Court’s decision.

Page 41 | RULE 17 - JUDGMENT ENTIRES

The assigned Judge must designate the arbitration panel chairman and/or third arbitrator within 45 days after the arbitration order is filed.

The Judge to whom the case is assigned shall designate, within forty-five (45) days after the order to arbitration has been filed, the arbitration panel chairman and/or the third arbitrator.

Page 44 | 20.01 SELECTION OF ARBITRATORS

Plaintiff’s and defendant’s counsel must furnish their respective arbitrator selections to the Assignment Commissioner within 30 days after the arbitration order is filed.

Counsel for the Plaintiff and Defendant shall furnish to the Assignment Commissioner the name of the member of the panel to be appointed by them respectively within thirty (30) days after the order to arbitration has been filed by the Court.

Page 44 | 20.01 SELECTION OF ARBITRATORS

A party rejecting a binding arbitration report and award must serve notice on all other parties and file it with the clerk within 30 days after the report and award is filed.

If a party desires to reject the report and award, notice of such rejection must be served upon all other parties and filed with the clerk within thirty (30) days after the report and award was filed with the Court.

Page 46 | 20.11 BINDING ARBITRATION REPORT AND AWARD: Entry of Judgment

The panel chair must file the written report and award with the clerk within 30 days after the hearing.

Within thirty (30) days after the hearing, the chairman of the panel shall file a written report and award with the Clerk of the Court of Common Pleas

Page 46 | 20.10 REPORT AND AWARD

If all parties timely accept the non-binding arbitration report and award, the pleadings must be amended and filed with the clerk within 15 days after acceptance.

If the report and award of the Arbitrators is timely accepted by all parties, the pleadings shall be amended and filed with the Clerk of Courts within fifteen (15) days following said acceptance.

Page 46 | 20.12 NON-BINDING ARBITRATION REPORT AND AWARD: Entry of Judgment

A party accepting a non-binding arbitration report and award must serve notice on all other parties and file it with the clerk within 30 days after the report and award is filed.

If a party desires to accept the report and award, notice of such acceptance must be served upon all other parties and filed with the clerk within thirty (30) days after the report and award was filed with the Court.

Page 46 | 20.12 NON-BINDING ARBITRATION REPORT AND AWARD: Entry of Judgment

If any party timely rejects the binding arbitration report and award, the pleadings must be amended and filed with the clerk within 15 days after the rejection.

If the report and award of the Arbitrators is timely rejected by any party, the pleadings shall be amended and filed with the Clerk of Courts within fifteen (15) days following said rejection.

Page 46 | 20.11 BINDING ARBITRATION REPORT AND AWARD: Entry of Judgment

When ordered by the Court, plaintiffs and defendants must each deposit $800 within 20 days after receipt of the assignment notice.

If Ordered by the Court - To guarantee the arbitrators fees the plaintiff (s) shall deposit the sum of eight hundred dollars ($800.00) with the Clerk of Courts within twenty (20) days of receipt of the assignment notice and the defendant (s) shall deposit a like sum of eight hundred dollars ($800.00) within twenty (20) days of receipt of the assignment notice.

Page 47

If ordered by the Court, the required deposit must be made no later than 15 days before the arbitration date.

Upon the case being assigned to arbitration, and no later than 15 days prior to the date set for arbitration before the arbitrators, the plaintiffs and defendants must each deposit with the Clerk $800.00 (total of $1600.00) as security for the payment of the arbitrators "IF ORDERED BY THE COURT. "

Page 48 | RULE 21 - SUMMARY ARBITRATION

Objections to arbitration must be raised by written motion within 10 days after the notice of assignment is mailed.

Valid objections to the arbitration must be raised by written motion filed no later than 10 days from the mailing of notice of assignment of the case to arbitration.

Page 48 | RULE 21 - SUMMARY ARBITRATION

Service and Proof of Service Rules

A copy of a written hearing request must be served by regular mail on the party who gave the election notice or that party’s counsel.

If the other parent does not file a written request for a hearing within twenty (20) days of the receipt of the election serving a copy of the request on the party who gave the notice or that party’s counsel by regular mail, the request will be automatically granted.

Page 7 | 6.12 Visitation and companionship

The Long Distance Visitation election notice must be served on the other party by certified mail with return receipt requested.

The notice of the election shall be in writing, duly filed with the Court and served on the other party by Certified Mail, with return receipt requested.

Page 7 | 6.12 Visitation and companionship

The residential parent must serve the relocation notice on the other parent.

A residential parent who intends to relocate must first file a written notice of same with the Clerk of Courts setting forth date, place, address, phone number and other known information relative to relocation and cause said notice to be served upon the other parent.

Page 8 | 6.12A Notice of Relocation by Residential Parent (O.R.C. 3109.05.1(G)(I)

The Clerk must send certified copies of specified judgment entries to the parties and file-stamped copies to counsel by regular mail.

The Clerk of Courts shall send to each of the parties a certified copy of the Judgment Entry granting a divorce, dissolution, relief in alimony only or any modification of any previous orders and a file stamped copy of the same shall be sent to counsel of record by regular mail.

Page 11

Opposing counsel must submit the objection-based entry and rejected entry to prevailing counsel and the Court.

If opposing counsel rejects the entry, he/she shall prepare an entry in accordance with his/her objections and submit it to prevailing counsel and the Court together with the rejected entry.

Page 11 | 6.16 Timely Filing of Entries

In an in forma pauperis divorce, annulment, or legal-separation action where the defendant’s residence is unknown, legal notice must be posted at the specified courthouse and municipal locations.

ORCP 4.4 (A)(2): In a divorce, annulment or legal separation action that is proceeding in forma pauperis and if the residence of the Defendant is unknown, the locations for the posting of the legal notice shall be in the Van Wert County Courthouse, 121 East Main Street, Van Wert, Ohio on the bulletin board on the third floor at the entrance of the Court Adult Probation Office, and in a conspicuous place in the public area usually used for the posting of notices in both of the following two locations; the Delphos Municipal Building, 608 Canal Street, Delphos, Ohio and the Van Wert City Office Building, 515 E. Main Street, Van Wert, Ohio.

Page 14 | 6.3 Methods of Service, Forma Pauperis

Service under these rules must comply with the Ohio Rules of Civil Procedure.

The Ohio Rules of Civil Procedure shall be applicable to all service under these Rules.

Page 14 | 6.3 Methods of Service, Forma Pauperis

The Clerk of Courts must comply with ORCP 4.4(A)(2)’s service, record-keeping, and docketing requirements.

The Clerk of Courts shall comply with all service, record keeping and docketing requirements as set forth in ORCP 4.4 (A)(2).

Page 14 | 6.3 Methods of Service, Forma Pauperis

The Clerk must attach the Standing Orders to the Summons for service on the Defendant along with the Complaint.

The Clerk shall attach a copy of the Standing Orders to the Summons to effect service of same upon the Defendant along with the Complaint.

Page 15 | 6.4 Temporary Orders

Registration as an e-filer constitutes consent to electronic service of pleadings filed by other registered e-filers and of court orders.

(b) Electronic Filer (e-filer): a person, entity, or authorized agent who e-files. Registration as an e-filer constitutes consent to accept electronic service of any pleadings filed by other registered e-filers as well as any orders issued by the court.

Page 11 | Rule 5 - Electronic Filings

For documents requiring clerk service or for which a party requests clerk service, the e-filer must file Instructions for Service as a separate document.

For all documents that require service by the clerk or documents for which a party is requesting that service be made by the clerk, Instructions for Service must be filed by the e-filer as a separate document.

Page 14 | Rule 5 — Electronic Filings, Service of Documents

Electronically filed documents must be served in accordance with Civil Rule 5 and Criminal Rule 49.

Documents filed electronically with the clerk must be served in accordance with Civ.R. 5 and Crim.R. 49.

Page 14 | Rule 5 — Electronic Filings, Service of Documents

For recipients of the electronic filing notification, service is complete when the clerk’s system generates the notification.

For parties or their counsel who receive the Notification of Electronic Filing, service is complete at the time the Notification of Electronic Filing is generated by the clerk’s e-filing system.

Page 15 | Rule 5 — Electronic Filings

An e-filer must serve a paper copy on parties or counsel who do not receive the system’s electronic filing notice.

As a result, any e-filer must serve a paper copy of the e-filed document on all parties to the case or their counsel to whom the clerk’s e-filing system does not send the Notification of Electronic Filing.

Page 15 | Rule 5 — Electronic Filings

The filing party must provide proof of service for every document required to be served.

Proof of service of all documents required to be served must be provided by the filing party in compliance with Civ.R. 5(B)(4) and Crim.R. 49.

Page 15 | Rule 5 — Electronic Filings

Court judgment entries and orders are electronically served to appearing attorneys who provided an email address, and e-filing-system service is the sole method where permitted, subject to statute or rule.

Except where required by statute or rule, judgment entries and orders from the court will be electronically served using the email address on file to any attorneys who have already entered an appearance in the case and provided their email addresses. Where permitted, service by the e-filing system will be the only form of service.

Page 15 | Rule 5 — Electronic Filings

The automatic electronic notice together with the required proof of service constitutes service.

The automatic electronic notice, in conjunction with the required proof of service, will constitute service under Civ.R. 5 and Crim.R. 49.

Page 15 | Rule 5 — Electronic Filings

The Clerk of Courts must follow the service, record-keeping, and docketing requirements in ORCP 4.4(A)(2).

The Clerk of Courts shall comply with all service, record keeping and docketing requirements as set forth in ORCP 4.4 (A)(2).

Page 20 | 6.3 Methods of Service, Forma Pauperis

Service under these rules must comply with the Ohio Rules of Civil Procedure.

The Ohio Rules of Civil Procedure shall be applicable to all service under these Rules.

Page 20 | 6.3 Methods of Service, Forma Pauperis

In an in-forma-pauperis divorce, annulment, or legal separation action where the defendant’s residence is unknown, the legal notice must be posted at the specified courthouse and municipal locations.

ORCP 4.4 (A)(2): In a divorce, annulment or legal separation action that is proceeding in forma pauperis and if the residence of the Defendant is unknown, the locations for the posting of the legal notice shall be in the Van Wert County Courthouse, 121 East Main Street, Van Wert, Ohio on the bulletin board on the third floor at the entrance of the Court Adult Probation Office, and in a conspicuous place in the public area usually used for the posting of notices in both of the following two locations; the Delphos Municipal Building, 608 Canal Street, Delphos, Ohio and the Van Wert City Office Building, 515 E. Main Street, Van Wert, Ohio.

Page 20 | 6.3 Methods of Service, Forma Pauperis

The Clerk must attach the Standing Orders to the Summons for service on the Defendant with the Complaint.

The Clerk shall attach a copy of the Standing Orders to the Summons to effect service of same upon the Defendant along with the Complaint.

Page 21 | 6.4 Temporary Orders

The election notice must be served on the other party by certified mail with return receipt requested.

The notice of the election shall be in writing, duly filed with the Court and served on the other party by Certified Mail, with return receipt requested.

Page 24 | 6.12 Visitation and companionship

The residential parent must cause the relocation notice to be served on the other parent.

A residential parent who intends to relocate must first file a written notice of same with the Clerk of Courts setting forth date, place, address, phone number and other known information relative to relocation and cause said notice to be served upon the other parent.

Page 25 | 6.12A Notice of Relocation by Residential Parent

The Clerk of Courts must provide the C.S.E.A. copies of the specified orders and related DR forms.

The Clerk of Courts shall provide the C.S.E.A. with a copy of all orders that provide for designation of residential parent, support, health insurance and all other DR Forms pertaining thereto.

Page 27 | 6.14 Entries

The Clerk of Courts must send each party a certified copy of the specified Judgment Entry.

The Clerk of Courts shall send to each of the parties a certified copy of the Judgment Entry granting a divorce, dissolution, relief in alimony only or any modification of any previous orders

Page 28 | 6.14 Entries

A file-stamped copy of the Judgment Entry must be sent to counsel of record by regular mail.

and a file stamped copy of the same shall be sent to counsel of record by regular mail.

Page 28 | 6.14 Entries

Notice of the withdrawal must be provided to all other parties consistent with the Ohio Rules of Civil Procedure.

The Court may permit counsel to withdraw upon written motion with written consent of the client-party and a prepared judgment entry showing approval by the client-party and the withdrawing counsel without the designation of the succeeding counsel only for good cause or when the interest of justice demands the withdrawal of counsel. Notice shall be provided to all other parties consistent with the Ohio Rules of Civil Procedure.

Page 30 | RULE 7 – DEATH, UNAVAILABILITY OR WITHDRAWAL OF COUNSEL, 7.02 Withdrawal of Counsel

Notice of the withdrawal must be provided to all other parties consistent with the Ohio Rules of Civil Procedure.

The Court may permit counsel to withdraw upon written motion with written consent of the client-party and a prepared judgment entry showing approval by the client-party, the withdrawing counsel and the succeeding counsel. Notice shall be provided to all other parties consistent with the Ohio Rules of Civil Procedure.

Page 30 | RULE 7 – DEATH, UNAVAILABILITY OR WITHDRAWAL OF COUNSEL, 7.02 Withdrawal of Counsel

Notice of the motion and hearing must be provided to the client-party and all other parties consistent with the Ohio Rules of Civil Procedure.

The Court may permit counsel to withdraw for good cause shown or when the interest of justice demands upon written motion without the written consent of the client-party after a hearing on the matter. Notice of the motion and hearing shall be provided to the client-party of the counsel seeking withdraw and all other parties consistent with the Ohio Rules of Civil Procedure.

Page 30 | RULE 7 – DEATH, UNAVAILABILITY OR WITHDRAWAL OF COUNSEL, 7.02 Withdrawal of Counsel

A regular juror must be served at least 48 hours before the time to appear in court.

Every person summoned as a regular juror shall be served at least 48 hours before the time he or she is to appear in Court to answer said summons.

Page 37 | RULE 12 - JURY COSTS

A negotiated plea involving dismissal of a case or reduction of a grand-jury charge may be considered only at an open-court hearing on the record, and the victim and complaining or investigating officer must be notified and given an opportunity to state their positions on the record.

(2) A negotiated plea involving the dismissal of any case or the reduction of any charge returned by the Grand Jury will be considered by the Court only at a hearing in open court and on the record. Any victim of the crime alleged shall be notified of such hearing and shall be afforded the opportunity to state on the record his/her position as to such negotiated plea. The complaining or investigating officer shall be notified of such hearing and shall be afforded the opportunity to state on the record his/her position as to such negotiated plea.

Page 38 | RULE 13 - CRIMINAL NEGOTIATIONS

counsel for the prevailing party shall, within seven (7) days prepare and submit to opposing counsel a judgment entry accurately reflecting the Court’s decision.

counsel for the prevailing party shall, within seven (7) days prepare and submit to opposing counsel a judgment entry accurately reflecting the Court’s decision.

Page 41 | RULE 17 - JUDGMENT ENTIRES

A default-judgment motion must be served on the defaulting party, and proof of service must be noted on the motion.

All motions for default judgment must be served upon the defaulting party and proof of service shall be noted thereon.

Page 42 | RULE 18 - DEFAULT JUDGMENT

Defaulting parties must receive at least seven days’ notice of the default-judgment hearing.

Defaulting parties will be given at least seven (7) days notice of such hearing.

Page 42 | RULE 18 - DEFAULT JUDGMENT

Filing Fees and Waivers

A deposit of $100 is listed for expungement or sealing of a record.

$100.00 Expungement/Sealing of Record Deposit

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A $63 fee is listed for garnishments.

$ 63.00 Garnishments

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A Court of Appeals deposit of $150 is listed.

$150.00 Court of Appeals Deposit

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A $325 deposit is listed for a cross-claim or counterclaim in a dissolution case.

$325.00 Cross-Claim or Counterclaim Deposit for Dissolution

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A $5 fee is listed for filing a satisfaction or partial satisfaction of lien.

$ 5.00 Filing Satisfaction or Partial Satisfaction of Lien

Page 9 | LOCAL RULE 4 – COSTS AND FEES

Scheduled costs generally must be deposited with the Clerk when filing; stated entities are excepted, the Court may waive costs, and a filing with unpaid costs may be refused or later stricken.

All costs contained by this schedule are to be deposited with the Clerk of Courts at the time of filing, except with regard to the United States, the State of Ohio, Van Wert County unless costs are waived by the Court. The Clerk of Courts may refuse to accept any filing where the deposit of costs as required herein has not been made, or where a judgment for costs against the party is unsatisfied. In the event such a filing is accepted by the Clerk, the same may be stricken from the files by order of the Court.

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A $375 deposit is listed for a cross-claim or counterclaim in a divorce case.

$375.00 Cross-Claim or Counterclaim Deposit for Divorce

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A $275 deposit is listed for a civil cross-claim, counterclaim, or third-party complaint.

$275.00 Cross-Claim or Counterclaim and Third Party Complaint Deposit for Civil

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A civil deposit of $275 is listed.

$275.00 Civil Deposit

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A $300 fee is listed for an alias order of sale.

$300.00 Alias Order of Sale

Page 9 | LOCAL RULE 4 – COSTS AND FEES

Civil jury trial deposits of $300 must be made at least 14 days before trial.

$300.00 Jury Trial Deposit at least 14 days before Trial (Civil Trials Only)

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A $50 deposit is listed for personal service by the sheriff.

$ 50.00 Personal Service by Sheriff Deposit

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A debtor’s examination deposit of $63 is listed.

$ 63.00 Debtor’s Examination Deposit

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A $35 fee is listed for filing a certificate of judgment.

$ 35.00 Filing Certificate of Judgment

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A dissolution deposit of $325 is listed.

$325.00 Dissolution Deposit

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A $225 fee is listed for a motion to reopen a case.

$225.00 Motion to reopen a case

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A writ of execution deposit of $100 is listed.

$100.00 Writ of Execution Deposit

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A foreclosure deposit of $1,300 is listed, including a $500 real auction fee.

$1,300.00 Foreclosure (includes $500.00 fee for Real Auction)

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A divorce deposit of $375 is listed, with the sheriff fee included.

$375.00 Divorce Deposit, Sheriff Fee already included.

Page 9 | LOCAL RULE 4 – COSTS AND FEES

A subpoena requester must deposit the applicable witness costs with the Clerk when filing the request, including the stated sheriff, witness, and mileage amounts; the rule applies to civil, domestic, and non-indigent criminal cases.

Subpoena Fees. A party requesting the issuance of a subpoena for a witness shall deposit with the Clerk of Courts at the time of filing the request for subpoena the appropriate amount under ORC 2335.06 for said witness. This Rule shall apply to Civil, Domestic, and non-indigent Criminal Cases. The deposit must include Twenty-five ($25) dollars for deposit for Sheriff’s fees, witness fees in the amount of Six ($6) Dollars for each half day or Twelve ($12) Dollars for each full day and witness mileage at the rate of Forty-five ($0.45) cents per mile round trip, for each day that the witness must travel.

Page 10 | LOCAL RULE 4 – COSTS AND FEES

A $40 fee is listed for release of a state tax lien.

$ 40.00 Release of State Tax Lien

Page 10 | LOCAL RULE 4 – COSTS AND FEES

Ordinary mail costs $3.

$ 3.00 Ordinary Mail

Page 10 | LOCAL RULE 4 – COSTS AND FEES

A copy of a digital recording of proceedings costs $2.50 per disc.

$ 2.50 Fee per disc for copy of digital recording of proceedings

Page 10 | LOCAL RULE 4 – COSTS AND FEES

A returned check incurs a $20 fee.

$ 20.00 Returned Check Fee

Page 10 | LOCAL RULE 4 – COSTS AND FEES

Each authenticated or certified copy of the record costs $5.

$ 5.00 Each Authenticated or certified copy of the record

Page 10 | LOCAL RULE 4 – COSTS AND FEES

$ 1.00 Certified copy requests

$ 1.00 Certified copy requests

Page 10 | LOCAL RULE 4 – COSTS AND FEES

Certified mail costs $12.

$ 12.00 Certified Mail

Page 10 | LOCAL RULE 4 – COSTS AND FEES

The clerk assesses normal filing fees and case deposits, collects them by an Accepted Financial Transaction Device when processing the filing, and may assess a surcharge set by the clerk.

The clerk will assess normal filing fees. All filing fees and case deposits will be collected via an Accepted Financial Transaction Device at the time the filing is processed. Under R.C. 301.28(E) and (F), a surcharge for using a financial transaction device use may be assessed in an amount to be determined by the clerk.

Page 13 | Rule 5 — Electronic Filings, Fees

When ordered by the Court, plaintiffs and defendants must each deposit $800 for arbitrators’ fees; the Court may apportion multiple defendants’ shares or order additional deposits.

If Ordered by the Court - To guarantee the arbitrators fees the plaintiff (s) shall deposit the sum of eight hundred dollars ($800.00) with the Clerk of Courts within twenty (20) days of receipt of the assignment notice and the defendant (s) shall deposit a like sum of eight hundred dollars ($800.00) within twenty (20) days of receipt of the assignment notice. If there are multiple defendants and they cannot agree as to their proportionate share of the deposit, upon proper motion, the Judge to whom the case is assigned shall order the apportionment. When it appears proper, the Court may order additional deposits.

Page 47

If ordered by the Court, plaintiffs and defendants must each deposit $800 with the Clerk no later than 15 days before arbitration when the panel has three arbitrators.

Upon the case being assigned to arbitration, and no later than 15 days prior to the date set for arbitration before the arbitrators, the plaintiffs and defendants must each deposit with the Clerk $800.00 (total of $1600.00) as security for the payment of the arbitrators "IF ORDERED BY THE COURT. "

Page 48 | RULE 21 - SUMMARY ARBITRATION

If there is one arbitrator and the Court orders the deposit, plaintiffs and defendants must each deposit $300 with the Clerk.

If there is only one arbitrator, the plaintiffs and defendants shall each deposit $ 300.00 (total of $600.00) with the Clerk.

Page 48 | RULE 21 - SUMMARY ARBITRATION

The appealing party must reimburse the other party or parties for their portion of any arbitration fee.

The appealing party shall reimburse the other party or parties their portion of the arbitration fee if any.

Page 51 | I. APPEAL PROCEDURE

A Demand for Trial De Novo must include a check payable to the other party or their attorney for an amount equal to that party’s arbitration-fee deposit, if any.

The “Demand for Trial De Novo” shall be accompanied by a check made payable to the other party or his/her attorney in an amount equal to the deposit made by the other party for Arbitration Fees if any.

Page 51 | I. APPEAL PROCEDURE

Transcript preparation generally requires an estimated-cost deposit, with any shortfall deposited before filing or delivery and any excess returned; the listed fee is $6 per page for an original and actual material costs for copies, with the deposit requirement excepted for indigent criminal appeals.

Court Reporter shall not be required to prepare a transcript, other than indigent criminal appeals, until there is deposited with the Clerk of the Common Pleas Court, a sum equal to the estimated cost thereof. In the event the deposit is not sufficient to cover the entire cost of the transcript, the additional amount shall be added to the deposit before the transcript is filed with the Court or delivered to the party ordering it. The Clerk shall pay to the Court Reporter the amount due for the transcript upon the filing of the transcript with the Court or notice that it has been delivered to the party requesting it. In the event that the deposit exceeds the cost of the transcript, the unused portion thereof shall be returned by the Clerk to the party ordering and paying for the transcript. In accordance with Revised Code Section 2301.24, transcript fees are as follows: Original $6.00 per page Copies after original prepared Actual costs of materials

Page 66 | RULE 27 – TRANSCRIPTS

Courtesy Copy Requirements

File one additional copy of all documents and attachments with the Assignment Commissioner for original pleadings, post-decree motions, and responses.

All original pleadings and all motions for post decree relief and any responses thereto shall be filed with the Clerk of Courts pursuant to the Ohio Rules of Civil Procedure with one additional copy of all documents and all attachments to be delivered to the Assignment Commissioner.

Page 1 | 6.1 Filing Requirements

File original pleadings, post-decree relief motions, and responses with the Clerk of Courts, and deliver one additional copy of all documents and attachments to the Assignment Commissioner.

All original pleadings and all motions for post decree relief and any responses thereto shall be filed with the Clerk of Courts pursuant to the Ohio Rules of Civil Procedure with one additional copy of all documents and all attachments to be delivered to the Assignment Commissioner.

Page 18 | 6.1 Filing Requirements

Pre-Motion Conference Requirements

In all motions directed to the Court, unless otherwise provided in the Rules of Civil Procedure, the failure of the party against whom a motion is directed to file a brief or memorandum in opposition within fourteen (14) days from the date of service of such motion, may be construed by the Court as an admission that the motion may be granted.

In all motions directed to the Court, unless otherwise provided in the Rules of Civil Procedure, the failure of the party against whom a motion is directed to file a brief or memorandum in opposition within fourteen (14) days from the date of service of such motion, may be construed by the Court as an admission that the motion may be granted.

Page 31 | RULE 8 - PRELIMINARY MOTIONS

A summary-judgment response or counter-motion is due within 14 days after notice, or, if no notice is issued, within 14 days after the motion is filed; oral argument is waived and the motion is submitted when that period or a written court extension expires.

Upon the filing of a motion for summary judgment, the Court may issue a notice fixing a hearing date. The opposing party will have fourteen (14) days from the date of the notice or if there is no notice from the date of the filing of the motion for summary judgment to file a response and/or a counter motion for summary judgment. Oral arguments shall be considered waived and the motion submitted at the expiration of the time period provided or any extension granted in writing by the court.

Page 55 | II. GENERAL PROVISIONS — C. SUMMARY JUDGMENT

Temporary orders for other relief will be considered at the first scheduled pre-trial conference or at another time designated by the Court.

D. Temporary Orders for any other relief shall be considered at the first scheduled pre-trial conference or at such other time as the Court may designate.

Page 15 | 6.4 Temporary Orders

Adjournment & Extension Requirements

After counsel dies or becomes unavailable, the party has 30 days to obtain new counsel or request an extension, or pending actions will be assigned as other cases.

If counsel for a party dies or becomes unavailable due to illness, accident or other cause, the party shall have thirty (30) days in which to procure new counsel. If the party fails to procure counsel within thirty (30) days, or fails to request the Court for an extension, all pending actions shall be assigned as any other case.

Page 30 | RULE 7 – DEATH, UNAVAILABILITY OR WITHDRAWAL OF COUNSEL, 7.01 Death or Unavailability of Counsel

After counsel is permitted to withdraw, the party has 21 days to obtain new counsel or request an extension, or pending actions will be assigned as other cases.

If counsel for a party is permitted to withdraw the party shall have twenty-one (21) days in which to procure new counsel. If the party fails to procure counsel within twenty-one (21) days, or fails to request the Court for an extension, all pending actions shall be assigned as any other case.

Page 30 | RULE 7 – DEATH, UNAVAILABILITY OR WITHDRAWAL OF COUNSEL, 7.02 Withdrawal of Counsel

A continuance requires a written motion stating a particular reason that constitutes good cause.

(1) no continuance will be granted without a written motion; (2) the motion must state a particular reason which would constitute good cause;

Page 34 | RULE 10 - CONTINUANCES

If counsel seeks a continuance after notice of a proceeding requiring counsel's personal appearance is filed, the motion must be filed within ten days.

When notice of trial, pre-trial, assignment conferences or any other proceeding requiring the personal appearance of counsel is filed with the Clerk, a motion for continuance shall be filed, if at all, within ten (10) days.

Page 34 | RULE 10 - CONTINUANCES

Noncompliance with the continuance rule is good cause for the Court to proceed as scheduled and, in its discretion, dismiss the case, enter default judgment, or hear the evidence and render final judgment.

Any non-compliance with this rule will constitute good cause for the Court to proceed upon the originally scheduled date and time and, in its discretion, to dismiss the case, enter a default judgment, or proceed to hear the evidence and render final judgment.

Page 34 | RULE 10 - CONTINUANCES

A continuance motion submitted more than ten days after the specified period may be granted only after a hearing establishes good cause for the delay and prejudice to a party if the continuance is denied.

Any motion for continuance submitted later than the ten (10) day period specified will be granted only after a hearing which establishes good cause for the delay and prejudice to a party if such continuance would not be granted.

Page 34 | RULE 10 - CONTINUANCES

After due notice, arbitration may proceed if a party is absent or fails to obtain an adjournment.

The arbitration may proceed in the absence of any party, who, after due notice, fails to be present or fails to obtain an adjournment.

Page 44 | 20.04 DEFAULT OF A PARTY

The Chair may allow one hearing rescheduling or continuance without Court consent, but not beyond the pretrial-order date; further continuances require the assigned judge’s approval, and requesting counsel must reschedule with the arbitrators and other counsel.

After any date has been scheduled for a hearing, the Chair may, without consent of the Court, allow for one rescheduling or continuance of the hearing not beyond the date set in the pretrial Order. Any further continuances must be with the approval of the judge assigned to the case. With any continuance the requesting counsel shall contact and reschedule with the arbitrators and other counsel the new arbitration date.

Page 49 | D. SCHEDULING THE HEARING

The Court may extend the fourteen-day objection deadline only upon a written application supported by an affidavit stating facts indicating good cause.

The fourteen (14) day time limit established by civil Rule 53(E)(2) for the filing of objections may only be extended by the Court and only upon written application therefor supported by an affidavit stating facts indicating good cause for an extension.

Page 53 | 22.05 OBJECTIONS TO MAGISTRATE’S DECISION

If counsel have not finished presenting the case within the allocated hearing time, the Court may allow more time if available and nonconflicting, or continue the case.

If counsel have not completed the presentation of the case at the end of the allocated time, the Court may allow more time if it is available and does not conflict with the next case or the case may be continued to another time and date.

Page 9 | Final and Contested Hearings

If the e-filing system fails to generate a service notice, the party to be served may request an order extending the response date.

If the clerk’s e-filing system fails to generate the Notice of Electronic Filing, the party to be served may request an order extending the date for any response.

Page 15 | Rule 5 — Electronic Filings

If counsel have not finished presenting the case by the end of the allocated time, the Court may allow more time if available and nonconflicting, or continue the case to another time and date.

Counsel may use a part of the time block to negotiate, but the hearing will be concluded at the end of the allocated time. If counsel have not completed the presentation of the case at the end of the allocated time, the Court may allow more time if it is available and does not conflict with the next case or the case may be continued to another time and date.

Page 26 | Final and Contested Hearings

For a continuance based on an unavailable witness, the Court will grant the request if the testimony is material and due diligence was used to procure the witness, unless the opposing party consents to the affidavit being read into evidence as the absent witness's deposition.

If the Court finds the testimony to be material and that due diligence has been used to procure such witness, a continuance will be granted unless the opposing party consents to the reading of such affidavit into evidence at trial as a deposition of the absent witness.

Page 34 | RULE 10 - CONTINUANCES

The case assigned first has priority and must be tried on its assigned date, except that criminal cases assigned for trial take priority over civil cases.

The case which was first assigned shall have priority and shall be tried on the date assigned, providing however, the criminal cases assigned for trial shall have priority over civil cases.

Page 34 | RULE 10 - CONTINUANCES

The Court may extend the transcript filing deadline in writing.

If a transcript of the trial or hearing is necessary to support objections, the transcript must be filed by the moving party within thirty (30) days after the filing of objections unless the Court, in writing, extends the time.

Page 53 | 22.05 OBJECTIONS TO MAGISTRATE’S DECISION

The Court may continue a bound-over criminal case for a definite time if the complaining witness’s testimony is unavailable and the Prosecuting Attorney applies before the 60-day period expires.

Criminal cases bound over to the Court on which no action is taken by the Grand Jury within sixty (60) days shall be dismissed forthwith without prejudice. If the complaining witness’s testimony is not available, the case may be continued by the Court, upon application of the Prosecuting Attorney made prior to the expiration of the sixty day period referred to above, for a definite time.

Page 56 | IV. CRIMINAL CASES — B. BINDOVERS

If is the policy of this court to determine matters in a timely way. Continuance of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the mediator, the Judge or Magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial. If a continuance of a scheduled mediation is requested and the proposed new date is within 45 days of the initial referral to mediation, then the request shall be made to the mediator , with proper notice to all parties. If the requested date is more than 45 days after the referral to mediation, then the request must be made to the Judge or magistrate assigned to the case.

If is the policy of this court to determine matters in a timely way. Continuance of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the mediator, the Judge or Magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial. If a continuance of a scheduled mediation is requested and the proposed new date is within 45 days of the initial referral to mediation, then the request shall be made to the mediator , with proper notice to all parties. If the requested date is more than 45 days after the referral to mediation, then the request must be made to the Judge or magistrate assigned to the case.

Page 61

All matters pending on every docket automatically continue to the next court term without a further order.

All matters pending on all dockets of the Court are continued to the next term without further order of the Court.

Page 6 | RULE 1 –TERM and HOURS of COURT SESSIONS AND HOLIDAYS

An extension of the retrieval period may be made on an individual basis.

EXTENSION: Extensions of time for retrieval of exhibits, depositions, or transcripts may be made on an individual basis.

Page 65 | Rules 22–28 — Exhibits and Transcripts, and Compliance

Chambers Communication Rules

Once the parties agree on all issues, counsel must immediately notify the Court and schedule an uncontested hearing.

At any time the parties have reached an agreement as to all issues, counsel shall immediately notify the Court and schedule the matter for an uncontested hearing.

Page 8 | 6.13 Hearings — Uncontested Hearings

Counsel and parties must not communicate with arbitrators about the merits before the hearing begins.

There shall be no communications by counsel or the parties with the arbitrators concerning the merits of the controversy prior to the commencement of the hearing.

Page 44 | 20.02 HEARINGS; WHEN AND WHERE HELD; NOTICE

Settlement offers must not be disclosed to the arbitrators before the report and award are filed.

No offers of settlement shall be disclosed to the arbitrators prior to the filing of the report and award.

Page 49 | E. PRE-HEARING MATTERS

Counsel and parties may not communicate with an arbitrator about the merits except during a hearing attended by all parties.

Counsel and parties are strictly forbidden to communicate with the arbitrator concerning the merits of the controversy except during the course of hearings being held in the presence of all parties.

Page 49 | E. PRE-HEARING MATTERS

Upon settlement, counsel must immediately notify the Court and present a judgment entry terminating the case for approval within 14 days.

Upon settlement of any action, counsel will immediately notify the Court of such settlement and present a judgment entry terminating the case for approval within fourteen (14) days.

Page 56 | III. CIVIL CASES — C. SETTLED CASES

Counsel must immediately notify the Court and opposing counsel of any Bankruptcy Court action that would allow the civil case to proceed.

Counsel for such party shall further immediately notify the Court and opposing counsel of any action by the Bankruptcy Court which would permit this Court to proceed in the case.

Page 56 | III. CIVIL CASES — D. BANKRUPTCY

Parties and counsel must advise the assigned judge or magistrate of qualifying known domestic violence allegations, including allegations learned after the referral order but before mediation concludes.

All parties and counsel shall advise the assigned judge or magistrate of any domestic violence allegations known to them to exist or to have existed in the past, or which become known to them following entry of the order but before conclusion of all mediation proceedings, which allegations involve any two or more persons whose attendance is required by the referral order.

Page 58 | Rule 25 — Mediation, (D)(1) Referral Process

Counsel retained after filing must immediately notify the Clerk in writing that counsel is of record.

When counsel is retained for any party after the case is filed, counsel shall immediately notify the Clerk in writing that he/she is counsel of record.

Page 8 | RULE 3 - COUNSEL OF RECORD

The e-filer should advise the clerk as to which pleading, motion, or memorandum the attachments or exhibits belong by so stating in the comment field of the e-filing system.

The e-filer should advise the clerk as to which pleading, motion, or memorandum the attachments or exhibits belong by so stating in the comment field of the e-filing system.

Page 15 | Rule 5 — Electronic Filings, Attachments and Exhibits

Attorneys must regularly check their email and update the court if their email address changes.

Attorneys are responsible for regularly checking their email and updating their email address with the court if it changes.

Page 15 | Rule 5 — Electronic Filings

An arbitrator must not communicate with a party about the merits except during a hearing attended by all parties or after the award is filed.

I, ____________________________________________, being duly appointed to act as an arbitrator for the Van Wert County Court of Common Pleas, Van Wert County, Ohio, do hereby swear that I will justly and equitably consider all matters submitted to me as an arbitrator, and that I will not communicate with any party concerning the merits of the controversy except during the course of the hearing being held in the presence of all parties or after the filing of the award of the arbitrators with the Clerk of Courts.

Page 52 | OATH OF ARBITRATOR

Assignment conferences and pre-trials may be conducted by telephone only with express court permission, and the requesting party must arrange the conference call with all counsel and the Court.

No assignment conference or pre-trial may be conducted by telephone without the express permission of the court. If permission is granted to conduct a conference by telephone, it shall be the responsibility of the party requesting it to make all arrangements for a conference call including all counsel of record and the Court at the designated time.

Page 56 | III. CIVIL CASES — B. TELEPHONE CONFERENCES

Court offices are open for business from 8:00 A.M. to 4:00 P.M. Monday through Friday, except legal holidays, but the Court may close by order when it deems closure necessary and proper.

The offices of the Court shall be open for the transaction of business between the hours of 8:00 A.M. and 4:00 P.M., Monday thru Friday, legal holidays excepted, the schedule for which is provided in Ohio Revised Code Sections 5.20, 5.21 and 124.19 The Court may also close by this Court’s order when the Court deems it necessary and proper to cease operations.

Page 6 | RULE 1 –TERM and HOURS of COURT SESSIONS AND HOLIDAYS

Common questions about Van Wert County Court of Common Pleas, Ohio rules

Are courtesy copies required in Van Wert County Court of Common Pleas, Ohio?

Courtesy-copy rule applies for original pleadings, post decree motions, and responses. Details: 1 copy. File one additional copy of all documents and attachments with the Assignment Commissioner for original pleadings, post-decree motions, and responses.

View ruleSource: page 1, section 6.1 Filing Requirements

Does Van Wert County Court of Common Pleas, Ohio require a pre-motion conference or letter before filing a motion?

In all motions directed to the Court, unless otherwise provided in the Rules of Civil Procedure, the failure of the party against whom a motion is directed to file a brief or memorandum in opposition within fourteen (14) days from the date of service of such motion, may be construed by the Court as an admission that the motion may be granted.

View ruleSource: page 31, section RULE 8 - PRELIMINARY MOTIONS

What page or word limits apply to arbitration memorandum in Van Wert County Court of Common Pleas, Ohio?

Van Wert County Court of Common Pleas, Ohio's rule states these limits: 10 pages. The parties must submit a memorandum of no more than 10 pages stating their legal and factual positions, along with an organized packet of intended documentary exhibits, one week before the hearing.

View ruleSource: page 49, section F. ARBITRATION PACKET

What formatting rules apply to filings in Van Wert County Court of Common Pleas, Ohio?

Van Wert County Court of Common Pleas, Ohio's formatting rule includes leave an open area 2 inches high by 2¼ inches wide to the right of the court title and case number for the clerk's filing stamp; the area must be clear of other printed matter so the stamp impression is fully legible.. Documents to be file-stamped must leave a clear, legible area 2 inches high by 2¼ inches wide to the right of the Court Title and Case Number.

View ruleSource: page 1, section 6.1 Filing Requirements

What must be included with notice of intent to relocate filings in Van Wert County Court of Common Pleas, Ohio?

A parent relocating from the residence identified in the last parenting order must file a notice with the court that issued the order.

View ruleSource: page 10, section RELOCATION

What must be included with judgment entry filings in Van Wert County Court of Common Pleas, Ohio?

A Judgment Entry ordering parenting time under an Appendix A option must have Appendix A attached and incorporated.

View ruleSource: page 11

How may parties contact Van Wert County Court of Common Pleas, Ohio?

Once the parties agree on all issues, counsel must immediately notify the Court and schedule an uncontested hearing.

View ruleSource: page 8, section 6.13 Hearings — Uncontested Hearings

How do I request an adjournment or extension in Van Wert County Court of Common Pleas, Ohio?

The request must include reason for request. A continuance requires a written motion stating a particular reason that constitutes good cause.

View ruleSource: page 34, section RULE 10 - CONTINUANCES

Are filing fees or waivers addressed in Van Wert County Court of Common Pleas, Ohio?

A fee is required for covered filings. Scheduled costs generally must be deposited with the Clerk when filing; stated entities are excepted, the Court may waive costs, and a filing with unpaid costs may be refused or later stricken.

View ruleSource: page 9, section LOCAL RULE 4 – COSTS AND FEES

Is electronic filing required in Van Wert County Court of Common Pleas, Ohio?

A person or entity must register with the EFM before e-filing and provide the EFM with a designated email address.

View ruleSource: page 11, section Rule 5 - Electronic Filings

What filing deadlines does Van Wert County Court of Common Pleas, Ohio set?

The notice of intent to relocate must be filed at least 30 days before relocation unless emergency circumstances apply.

View ruleSource: page 10, section RELOCATION

What service or proof of service rules apply in Van Wert County Court of Common Pleas, Ohio?

Service under these rules must comply with the Ohio Rules of Civil Procedure.

View ruleSource: page 14, section 6.3 Methods of Service, Forma Pauperis
Complete rules summary for Van Wert County Court of Common Pleas, Ohio

The vacationing parent must provide the other parent an itinerary stating the vacation dates and locations.

For a school-age child, each party must give the other written notice of requested vacation dates no later than April 1 each year.

For a child who is not of school age, the vacationing parent must give the other parent written notice of the requested dates at least 60 days before the vacation starts.

A parent relocating from the residence identified in the last parenting order must file a notice with the court that issued the order.

The notice of intent to relocate must be filed at least 30 days before relocation unless emergency circumstances apply.

The court must send a copy of the relocation notice to the non-moving parent.

A Judgment Entry ordering parenting time under an Appendix A option must have Appendix A attached and incorporated.

After completing a parenting program, you must print the Certificate of Completion.

File one additional copy of all documents and attachments with the Assignment Commissioner for original pleadings, post-decree motions, and responses.

Documents to be file-stamped must leave a clear, legible area 2 inches high by 2¼ inches wide to the right of the Court Title and Case Number.

A divorce, legal separation, or annulment complaint without children must be filed with the Complaint and Uniform Domestic Relations Affidavits 1 and 2.

Complaints for divorce, legal separation, or annulment with children, including paternity complaints, must include the listed forms, including the DR 2 IV-D Application, without which the Clerk will not accept the filing.

A petition for dissolution without children must be filed with the Petition, Uniform Domestic Relations Affidavits 1 and 2, a Waiver of Service of Summons, and a Separation Agreement.

A petition for dissolution with children must be filed with the Petition and Uniform Domestic Relations Affidavits 1 through 4.

The referenced pleading will not be accepted unless accompanied by the DR 2 IV-D Application affidavit.

A petition to register a foreign order requires a complaint and two authenticated copies of the foreign judgment.

A post-decree motion to modify child or spousal support must include the listed motion and affidavits, including the DR 2 IV-D Application.

A post-decree motion to modify custody or visitation must include the listed motion and affidavits, including the DR 2 IV-D Application.

A post-decree motion to show cause must include a motion, an affidavit in support, and an order to show cause containing notice.

Service under these rules must comply with the Ohio Rules of Civil Procedure.

In an in forma pauperis divorce, annulment, or legal-separation action where the defendant’s residence is unknown, legal notice must be posted at the specified courthouse and municipal locations.

The Clerk of Courts must comply with ORCP 4.4(A)(2)’s service, record-keeping, and docketing requirements.

The Clerk will not file covered support, health-insurance, or response pleadings unless the filer submits an Affidavit of Income and Expenses, Form DR-2 IV-D Affidavit, and either of the specified Journal Entries.

The Court will approve temporary orders prepared by counsel and approved by both parties and their counsel.

Ex parte temporary orders are discouraged and will not issue unless exigent circumstances exist.

A motion requesting an ex parte order must include a comprehensive affidavit supporting each requested element of relief.

A judgment entry will not be signed unless it includes notice setting a further hearing between 7 and 28 days after the entry is filed.

Temporary orders for other relief will be considered at the first scheduled pre-trial conference or at another time designated by the Court.

All parties in original divorce and legal-separation actions must observe and adhere to the Court’s Standard Standing Orders (DR Form 14).

Plaintiff’s counsel must provide the client with a copy of the Standing Orders.

More Judges in Van Wert County Court of Common Pleas, Ohio

Christina L. Steffan
Judge
Martin D Burchfield
Judge