Court Rules
Common questions about Wayne County Court of Common Pleas, General & Domestic Relations Divisions rules

What must be included with motion filings in Wayne County Court of Common Pleas, General & Domestic Relations Divisions?

The rule requires proposed order. An emergency ex parte motion must include a proposed order with blank spaces for the opposing party's review-hearing date and time.

View ruleSource: page 16, section 7.01 PROCEDURE

What must be included with initial divorce filing involving minor children filings in Wayne County Court of Common Pleas, General & Domestic Relations Divisions?

The rule identifies required filing content or certificates. Every initial divorce filing involving minor children must include the court-specified forms, with the child support worksheet and application for child support services required even when child support is not requested and certain forms applying only when a fee deposit is not made or temporary orders are sought.

View ruleSource: page 18, section 10.01 PLEADINGS IN DIVORCE WITH CHILDREN

How does Wayne County Court of Common Pleas, General & Domestic Relations Divisions handle sealed or redacted filings?

Wayne County Court of Common Pleas, General & Domestic Relations Divisions rules set procedures for sealed or redacted filings. Unless the court orders otherwise, transcripts of in-camera interviews of minor children must be delivered to the court secretary for filing outside the case file and may not be read, copied, or removed from court possession.

View ruleSource: page 17, section 8.03 SEALING OF IN CAMERA INTERVIEWS OF MINOR CHILDREN

How do I request an adjournment or extension in Wayne County Court of Common Pleas, General & Domestic Relations Divisions?

Advance notice is not fully stated in the structured details. If no prior leave has been obtained, a party may receive one automatic leave of no more than 28 days by filing a written certification with the clerk for court approval.

View ruleSource: page 2, section Rule 3: Time Extensions

Is electronic filing required in Wayne County Court of Common Pleas, General & Domestic Relations Divisions?

No. Electronic filing is prohibited for the covered filings. Facsimile filings are prohibited.

View ruleSource: page 2, section Rule 1: Filings and Exhibits

Are filing fees or waivers addressed in Wayne County Court of Common Pleas, General & Domestic Relations Divisions?

A fee is required for covered filings. A party filing a civil action or proceeding must provide a cost deposit under the amended Exhibit B schedule unless otherwise provided by law.

View ruleSource: page 2, section Rule 2: Cost Deposits

What filing deadlines does Wayne County Court of Common Pleas, General & Domestic Relations Divisions set?

A party objecting to a proposed judgment entry must file the objection within seven days after receipt.

View ruleSource: page 5, section Rule 6: Judgment Entries

What service or proof of service rules apply in Wayne County Court of Common Pleas, General & Domestic Relations Divisions?

Proof of service is required for the covered service rule. The attorney's client and opposing counsel or party must be served in connection with a motion to withdraw, with the service reflected in the certificate of service.

View ruleSource: page 13, section Domestic Relations
Complete rules summary for Wayne County Court of Common Pleas, General & Domestic Relations Divisions

An emergency ex parte motion must include a proposed order with blank spaces for the opposing party's review-hearing date and time.

The court accepts Ohio Supreme Court–approved forms and also permits substantially similar alternative forms for divorce matters governed by the rule.

Every initial divorce filing involving minor children must include the court-specified forms, with the child support worksheet and application for child support services required even when child support is not requested and certain forms applying only when a fee deposit is not made or temporary orders are sought.

A Petition for Dissolution and Waiver of Service of Summons, Form 17, is required in an initial dissolution filing with minor children.

An Affidavit of Income and Expenses, Form 1, is required in an initial dissolution filing with minor children.

An Affidavit of Property and Debt, Form 2, is required in an initial dissolution filing with minor children.

A party objecting to a proposed judgment entry must file the objection within seven days after receipt.

All filings should be filed electronically where practicable.

Facsimile filings are prohibited.

The complaining party and each responding party must complete and file Exhibit A when filing a new matter.

Exhibits must be numbered numerically and retain the same number in later filings and at trial.

A party filing a civil action or proceeding must provide a cost deposit under the amended Exhibit B schedule unless otherwise provided by law.

A party seeking additional time to file a pleading may obtain leave by court order.

If no prior leave has been obtained, a party may receive one automatic leave of no more than 28 days by filing a written certification with the clerk for court approval.

A copy of the written extension request must be served on all counsel of record and all unrepresented parties.

Continuance requests must be submitted as early as possible by motion and proposed journal entry, stating the reason and the current assignment information, and obtaining a new date from the Assignment Commissioner if granted.

Motions in limine must be filed at least three days before trial unless good cause is shown.

When requested by the Court, parties must file trial briefs at least one day before trial, stating their factual and legal cases and identifying anticipated legal issues, and furnish copies to opposing counsel before trial.

When the Court elects to request a proposed judgment entry, it must be filed and sent to all parties or their counsel for review.

A complaint or other pleading seeking a judicial sale of real estate must be accompanied by Wayne County Judicial Sale Certification 13-A.

A proposed order or judgment entry ordering a judicial sale of real estate must be accompanied by Wayne County Judicial Sale Certification 13-B.

A Precipe for Order of Sale must be accompanied by Wayne County Judicial Sale Certification 13-C.

A proposed order confirming a judicial sale of real estate must be accompanied by Wayne County Judicial Sale Certification 13-D.

The judicial-sale certification requirements do not apply to county Treasurer tax-foreclosure actions under Chapters 323 and 5721 of the Ohio Revised Code.

A $600 additional fee is due when each Alias Precipe for Order of Sale is filed.

Counsel seeking partition-fee compensation must submit an itemized sworn statement to the Court containing the specified compensation information.

The required sworn fee statement must state the attorney's usual hourly rate and whether the attorney represents a plaintiff or defendant.

The required sworn fee statement must include a detailed accounting of the attorney's time in the case.

The required sworn fee statement must state the amount the attorney expects to receive for the services.

Initial complaints, petitions, counterclaims, post-decree motions, final orders, and decrees must identify each party’s name, address, and date of birth, and must identify the names and birth dates of minor children involved.

More Judges in Wayne County Court of Common Pleas, General & Domestic Relations Divisions

Corey E. Spitler
Judge
Timothy R. VanSickle
Judge