Judge Douglas Rowland
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The scheduling order may be changed only by order of the Court.
- The leave-to-move-or-plead rule does not apply to Domestic Relations cases.
- Continuance requests must be made in writing and include the reason and whether opposing counsel consents.
- +3 more
Request must include
Page & Word Limits2 rules
A fax transmission is limited to ten pages and one case; a longer transmission requires prior Court approval for good cause.
- Fax transmission
- Up to 10 pages
Court's wording
A transmitted document must be no longer than ten pages and must pertain to only one case. A transmission with more than ten (10) pages shall not be accepted unless prior approval is granted for said pages and for good cause shown to the Court.
Faxed filings are limited to 15 pages; a longer filing requires prior approval from the Court Administrator or Clerk of Courts Office.
- Fax filing
- Up to 15 pages
Court's wording
A transmitted filing shall not exceed more than fifteen (15) pages in length. Filings exceeding this amount shall not be filed by fax without prior approval from the appropriate court personnel Court Administrator or the Clerk of Courts Office.
Document Format Requirements7 rules
All documents submitted for filing shall be in PDF form.
- File type
A document bearing the signature of a nonparty third party must be electronically submitted as a hand-signed, scanned PDF.
- File type
Formatting
- •The document must be hand-signed and scanned in
Court's wording
A document containing the signature of a third party, who is not a party to the action (i.e., affidavit signed by a doctor, military affidavit signed by a staff member or company representative, etc.), shall be electronically submitted only as hand-signed and scanned-in PDF document.
Electronically filed pleadings must follow paper-pleading formatting rules and reserve a stamp area of at least 2-1/2 inches by 1 inch at the top right of the first page.
Court's wording
All electronically filed pleadings shall be formatted in accordance with the applicable rules governing formatting of paper pleadings. Filers must leave a marginal location at the top right of the first page of a document for date and time stamps. This space must be no less than 2-1/2 inches wide and 1 inch high.
A signed document filed by fax must be faxed either with the signature or with “/s/” and the signer’s name in the signature’s place.
Court's wording
A sending party who wishes to file a signed document by fax shall either fax a copy of the signed document or fax a copy of the document without the signature but with the notation "/s/" followed by the name of the signing person where the signature appears in the signed document.
A transmitted document must be no longer than ten pages and must pertain to only one case.
The Clerk may notify a filer of deficiencies that include submitting multiple documents in one uploaded file.
Formatting
- •Do not submit multiple documents in one uploaded file
Court's wording
By way of examples, notification of deficiencies may be given for reasons including, but not limited to, the use of incorrect electronic file format; failure to pay correct filing fees, submitting multiple documents in one uploaded file; incomplete or inaccurate party information; submission of orders or entries and incorrect case number.
Service copies shall not be transmitted with the faxed document, as the Court or Clerk will make necessary copies.
Document Filing Requirements31 rules
The Plaintiff shall include in their Complaint and the Defendant shall include in their Answer the following Affidavits: - 1. Affidavit of Income and Expense - 2. Affidavit of Property and if Children involved: - 3. Health Insurance Affidavit - 4. Parenting Proceeding Affidavit - 5. IV-D Application
At the final dissolution hearing, the parties must submit a decree signed by both parties, any applicable related orders, and a waiver of the magistrate’s decision if applicable.
Court's wording
A Decree of Dissolution, signed by Petitioner and Respondent, along with any other applicable orders (i.e. Separation Agreement, Parenting Plan and Child Support Worksheets) and a Waiver of the Magistrate's Decision, if applicable, shall be submitted to the Court at the final dissolution hearing.
Petitioner and Respondent shall submit the following Affidavits with the Petition for Dissolution: - 1. Affidavit of Income and Expense - 2. Affidavit of Property and if Children involved: - 3. Health Insurance Affidavit - 4. Parenting Proceeding Affidavit - 5. IV-D Application
Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process and shall be delivered by ordinary mail.
Said summons shall clearly explain how and when the recipient must respond and the consequences of a failure to respond.
Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.
All prospective jurors shall be required to complete a second jury questionnaire and, if appropriate, request an excuse, exemption or a deferral by letter to the Court.
4.) The attorney must provide all required identification information on the first page (cover sheet) of transmission in a format prescribed by the Court. Transmissions without such information will not be accepted for filing.
For a document requiring multiple signatures, the submitting party or attorney must sign it, affirm that its contents are acceptable to all required signers, indicate their agreement in the document, and identify other signatories using the prescribed form.
Court's wording
The submitting party or attorney shall sign the stipulation or document himself or herself as follows: "/s/ John Smith." The submitting party or attorney shall then include an affirmation that the contents of the document are acceptable to all persons required to sign the document. The submitter shall indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line. The submitting party or attorney shall then submit the document electronically, identifying all of the other signatories as follows: "/s/ Jane Doe, per written authorization, by John Smith," etc.
Electronically submitted documents requiring an attorney’s or submitter’s signature must use the specified conformed signature, except for hand-signed documents scanned in PDF format.
Court's wording
Any document submitted electronically with the Clerk that requires an attorney's or a submitter's signature (other than hand-signed documents scanned in PDF format) shall be signed with the conformed signature of "/s/ (name)." The correct format for an attorney's signature is as follows: ## /s/Attorney Name Attorney Name, Registration Number
e. Filing of Initial Pleadings. When any complaint or third-party complaint is submitted for electronic filing, the filing party shall complete and file a case designation sheet (see attached).
Consistent with Ohio Rules of Civil Procedure, the filing party shall also file instructions for service and the Clerk shall issue a summons and serve the complaint or third-party complaint according to such instructions.
Every fax filing must include a cover sheet with the specified court, sender, case, document, transmission, page-count, and applicable cost-submission information.
Court's wording
The attorney or pro se litigant must provide with the filing of the document by fax a cover sheet containing the following information: - a. The office to which the document is being sent (Wyandot County Clerk of Courts Office). - b. The fax number in which the transmission is being sent (419-294-6414). - c. The name and Supreme Court Registration Number, if applicable, of the sender. - d. The address, telephone number, fax number and email address, if any, of the sender. - e. The case caption and case number as assigned by the Court. - f. The title of the document(s). - g. The date of the transmission. - h. The number of pages, including the cover sheet, of the transmission. - i. If applicable, a statement explaining how costs associated with the filing will be submitted.
A cover sheet shall accompany any exhibit filed in this manner. The cover sheet shall contain the case caption, case number and title of the exhibit being filed and shall be signed and served in conformance with the rules governing the signing and service of pleadings.
Exhibits to a faxed filing that cannot be accurately transmitted via fax for any reason or are too lengthy to be faxed must be replaced by an insert page describing the exhibit and the reason(s) it is missing.
Before service by posting and mail can be made, an affidavit of a party or the party's counsel shall be filed with the Court.
If opposing counsel does not respond within five days after the entry is mailed, drafting counsel may submit it without approval and must inform the court of the nonresponse.
Court's wording
In the event that opposing counsel fails to respond to drafting counsel within five (5) days from the time drafting counsel mails the entry to opposing counsel, drafting counsel may then submit the entry to the court without the approval of opposing counsel, and in the event, drafting counsel shall inform the court of the fact that drafting counsel received no response from opposing counsel within that five (5) day period.
Motions shall be accompanied by a memorandum stating the grounds therefore and citing the authorities and reasons relied upon.
In all foreclosure cases, after the period of redemption has expired, it will be obligation of the attorney to file a Praecipe with the Clerk of Courts requesting an Order of Sale to be issued to the Sheriff.
Oral hearings on motions shall be set only where the party seeking same demonstrates such need in writing prior to the expiration of fourteen (14) days.
Counsel shall certify to this Court that they conferred with each other prior thereto, and they shall be prepared to discuss all aspects of the case and to conduct good-faith negotiations toward settlement.
- Document
- Pretrial conference
Must include
- •Certificate of conference
A trial brief shall be submitted at the final pretrial hearing.
A party desiring an oral hearing shall notify the Court in writing within five (5) days after receipt of the Briefing Schedule stating why an oral hearing is necessary.
Any jury instructions requested by the parties shall also be submitted at this time.
A fax filer need not file the original, but must retain the original with original signatures and the fax cover sheet through the stated post-judgment period and produce it if the Court requests it.
Court's wording
The attorney or pro se litigant making a fax filing need not file the original document with the Clerk of Court. However, the original document must be retained by the sending party in his/her records until the case is closed and all opportunities for post judgment relief are exhausted, with original signatures and the facsimile cover sheet used for the filing and shall be available for production upon request of the Court.
If a sending party needs to transmit a filing for more than one case, each case filing shall be transmitted separately with a separate cover sheet.
The sending party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.
The Clerk need not notify a party of a failed fax filing; the sender must retain the transmission receipt with the source document and bears the transmission risk.
Court's wording
The Clerk of Courts Office is not responsible to notify any sending party of a failed fax filing. The sending party shall retain receipt generated by their sending device as evidence of the filing of the document and shall maintain said receipt with the source document. The sending party bears the entire risk of transmitting a document by fax to the Wyandot County Clerk of Courts Office.
The court may order either counsel to prepare an entry setting forth the agreement of the parties or an order of the court.
The attorney should retain receipt generated by sending device as evidence of filing.
The conformed signature on an electronically-submitted document is deemed to constitute a legal signature on the document.
Filing & Service rules
Electronic Filing Rules
Anyone e-filing documents must register as a user in the e-Filing Portal, available through the Clerk’s website.
a. All persons e-Filing documents shall be registered as users in the e-Filing Portal which can be found via our website at www.wyandotcountyclerk.org.
Page 16 | Local Court Rule 5.01 Electronic Transmission Filing (E-Filing), 2) Users/Registration
Parties represented by counsel may not e-file documents or pleadings on their own behalf; such filings will be rejected.
b. Parties who are represented by counsel, are NOT permitted to e-File documents or pleadings on their own behalf. Such filings shall be rejected.
Page 16 | Local Court Rule 5.01 Electronic Transmission Filing (E-Filing), 2) Users/Registration
The e-filing notification component must be turned on so the filer can receive notice of a rejection.
The notification component of e-Filing MUST be turned on or you may not be aware that your filing was rejected.
Page 18 | Local Court Rule 5.02 Electronic Transmission Filing (E-Filing), Notice of Deficiencies in Submissions
Attorneys and pro se litigants may fax filings only when emergency or time-critical circumstances prevent timely delivery by mail or in-person filing.
Attorneys and pro se litigants shall limit use of facsimile to filings of an emergency or time-critical nature only. A filing is of an emergency or time-critical nature if a document is due to the Court by set deadlines, and/or hearings and will not arrive to the Court via regular or express mail or cannot be brought to the Clerk of Courts Office for filing with the Court within the available timeframe.
Page 19 | Local Rule 5.02. FACSIMILE FILINGS
The listed documents and filings will not be accepted for filing by fax.
## The following documents will not be accepted for fax filing: - a. cognovit promissory note - b. original complaint and accompanying paperwork for a new domestic or civil case action - c. motion for reopening of a case - d. answer with cross complaint needing service - e. debtor's exam - f. writ of possession - g. garnishment - h. service by publication and/or praecipe for order of sale - i. making and/or filing and/or releasing of a certificate of judgment - j. request for execution by the Sheriff - k. filing of an appeals action - l. filing of a motion/application for sealing or expungement of a criminal record
Page 21 | The following documents will not be accepted for fax filing
Pleadings and other papers may be filed with the court by fax, subject to the stated restrictions.
All pleadings and other papers may be filed with the court by electronic transmission (fax) subject to the following provisions:
Page 15 | Local Rule 5. PLEADINGS, FILES AND PAPERS
Attorneys should limit fax-filing requests to emergencies or time-critical filings, and the Court may revoke the privilege for apparent abuse.
1.) Attorneys should limit requests for electronic transmission (fax) to filings of an emergency to time-critical nature. The Court reserves the right to revoke this privilege from any attorney who appears to be abusing the privilege.
Page 15 | Local Rule 5. PLEADINGS, FILES AND PAPERS
The listed filings are not accepted through e-filing at this time.
b. At this time, we are not accepting the following via e-Filing: Court of Appeals; transcripts or briefs; garnishments; search warrants & their returns; protection orders; certificate of judgments; and cognovit note collection actions.
Page 16 | Local Court Rule 5.01 Electronic Transmission Filing (E-Filing), 1) Implementation
Users other than specified court staff must obtain permission from the Clerk of Court or a designated deputy clerk before using the court’s facsimile device to transmit documents.
7.) Users of the facsimile device other than members of the staff of the Clerk of Courts or the Judge of Common Pleas Court, All Divisions, shall first receive permission from the Clerk of Court or the designated deputy clerk prior to using said device with the transmission of receipt of document (s).
Page 16 | Local Rule 5. PLEADINGS, FILES AND PAPERS
Pleadings, motions, exhibits and other case documents, other than those outlined herein, may be filed with the Wyandot County Clerk of Courts Office by facsimile transmission to 419-294-6414 subject to the following conditions.
Pleadings, motions, exhibits and other case documents, other than those outlined herein, may be filed with the Wyandot County Clerk of Courts Office by facsimile transmission to 419-294-6414 subject to the following conditions.
Page 19 | Local Rule 5.02. FACSIMILE FILINGS
If a fax filing lacks required cover-sheet information, the Clerk may either file it or place it in the failed-fax file without docketing it.
If a document is received by the Clerk of Courts Office by fax without the cover sheet information listed above, the Clerk may, at its discretion: cause the document to be filed, enter it into the case docket and make it a part of the case file; or deposit the document in a file of failed faxed documents with a notation of the reason for the failure and shall not cause the document to be filed, entered into the case docket or made a part of the case file.
Page 20 | Local Rule 5.02. FACSIMILE FILINGS
Filing Timing and Cure Windows
A party seeking an oral hearing must notify the Court in writing within five days after receiving the briefing schedule and state why the hearing is necessary.
A party desiring an oral hearing shall notify the Court in writing within five (5) days after receipt of the Briefing Schedule stating why an oral hearing is necessary.
Page 6 | Local Rule 4. CASE FLOW MANAGEMENT PROCEDURES — D. Motions for Summary Judgment
If service is incomplete, plaintiff's counsel must be notified that the case will be dismissed unless service is obtained; the case shall be dismissed if no effort to obtain service is made within 14 days.
If service is incomplete, notice shall be served on plaintiff's counsel directing that unless service is obtained, the case will be dismissed. If after fourteen (14) days no effort has been made to obtain service, the case shall be dismissed.
Page 7 | C. Complaints for Divorce
Documents submitted by fax, mail, or personal delivery are considered filed with the date and time stamped by the Clerk.
All documents submitted via fax, mail or personal will be considered filed with date/time stamped by the Clerk.
Page 15 | Local Rule 5. PLEADINGS, FILES AND PAPERS
A fax received outside normal business hours is considered filed on the next day the office is open.
Transmissions received during other than normal business hours will be considered filed on the next day the office is open.
Page 15 | Local Rule 5. PLEADINGS, FILES AND PAPERS
A portal filing is considered filed when submitted, provided the Clerk accepts it.
Electronic filing via the portal will be considered filed when submitted once accepted by the Clerk.
Page 16 | Local Rule 5. PLEADINGS, FILES AND PAPERS
The filing party bears responsibility for timeliness after rejection, and a rejected document is considered filed upon resubmission if its deficiencies are corrected in a timely manner.
If the document is rejected, the burden for timeliness falls on the filing party. A rejected document will be considered filed upon resubmission, provided any deficiencies are corrected in a timely manner.
Page 18 | Local Court Rule 5.02 Electronic Transmission Filing (E-Filing), Notice of Deficiencies in Submissions
A document accepted by the Clerk is considered filed on its submission date.
c. Documents accepted by the Clerk shall be considered filed upon date of submission.
Page 18 | Local Court Rule 5.02 Electronic Transmission Filing (E-Filing), Availability of e-Filing—Acceptance of Documents
Unless the Court orders otherwise, the omitted exhibit must be filed as a separate document within five court days after receipt of the faxed document.
Unless otherwise ordered by the Court, the exhibit must then be filed, as a separate document, no later than five (5) court days following the receipt of the faxed document.
Page 20 | Local Rule 5.02. FACSIMILE FILINGS
Each party opposing a motion must respond within fourteen days after service of the motion.
Within fourteen (14) days after service of such Motion, each party opposing the Motion shall respond.
Page 23 | Local Rule 8. MOTIONS — A. General Motions
Failure to file a memorandum on time constitutes a waiver and consent to immediate submission of the issue or case for decision.
Failure to file a memorandum at the time required is a waiver and consent to submit the issue or case to the Court forthwith for decision.
Page 23 | Local Rule 8. MOTIONS — A. General Motions
Within five days after the entry is mailed, opposing counsel must review it and sign and return it, contact opposing counsel to resolve discrepancies, or contact the court for direction.
Opposing counsel shall then have five (5) days, after the entry was mailed by drafting counsel, to review the same, and within the same period opposing counsel shall do one of the following: - a. Sign the entry and return it to preparing counsel, who is to file it with the court; or - b. Contact opposing counsel to attempt to resolve any discrepancies; or - c. Contact the court for further direction.
Page 23 | Local Rule 6. JUDGMENT ENTRIES
A real-estate sale confirmation may not be entered earlier than ten days after the sale unless all interested parties or their counsel consent in writing.
Confirmation of any sale of real estate by the Sheriff or by any master or receiver appointed by the Court shall not be entered any earlier than ten (10) days from the date of sale, unless consented to by all interested parties or their counsel, in writing.
Page 24 | Local Rule 9. FORECLOSURE OR EXECUTION/REAL ESTATE SALES & APPRAISALS
If an election is made within the initial fourteen-day period and notice is given to all counsel of record, other parties entitled to elect have an additional fourteen days to file a similar election.
Should such an election be made within said fourteen-day period and notice given to all counsel of record, then any other parties entitled to elect shall have an additional fourteen-day period to file a similar election.
Page 25 | Local Rule 10. PARTITION
An interested party must file an election to take the premises at appraised value within fourteen days after confirmation of the appraisement.
Any interested party having a right to elect to take said premises or any part thereof at the appraised value shall do so within fourteen days after the confirmation of said appraisement, and notice of such election shall be given by such parties so electing to counsel of record for all parties.
Page 25 | Local Rule 10. PARTITION
In a partition case any party shall have five days after the return of the order to file objections to said appraisement. If no objections are filed, said appraisement may be confirmed by the Court at the expiration of said five-day period.
In a partition case any party shall have five days after the return of the order to file objections to said appraisement. If no objections are filed, said appraisement may be confirmed by the Court at the expiration of said five-day period.
Page 25 | Local Rule 10. PARTITION
Counsel of record shall be notified of any complaint that has been dormant for three months. If, after notification to counsel of record, the case file reflects nothing has been done or no pending court date has been set, the case may be dismissed by the court without prejudice.
Counsel of record shall be notified of any complaint that has been dormant for three months. If, after notification to counsel of record, the case file reflects nothing has been done or no pending court date has been set, the case may be dismissed by the court without prejudice.
Page 7 | C. Complaints for Divorce
For a technical transmission error, the Court may allow filing nunc pro tunc upon satisfactory proof and good cause.
f. Effect of Technical Error. If a submission is not received by the Clerk due to an error caused by the hardware or software of either the Clerk or the submitting party, upon satisfactory proof and for good cause shown, the Court may enter an order permitting the document to be filed nunc pro tunc to the date the submitter intended the document to be filed.
Page 19 | Local Rule 5.02 Electronic Transmission Filing (E-Filing)
The matter is deemed submitted when the time for filing memoranda expires.
Upon expiration of the time for filing memoranda, the matter shall be deemed submitted.
Page 23 | Local Rule 8. MOTIONS — A. General Motions
Documents may be submitted to the Clerk for e-filing at any time, including 24 hours a day, seven days a week.
b. Documents may be submitted to the Clerk for e-Filing 24 hours per day, 7 days per week.
Page 18 | Local Court Rule 5.02 Electronic Transmission Filing (E-Filing), Availability of e-Filing—Acceptance of Documents
Service and Proof of Service Rules
After notice that service failed, counsel must make reasonable efforts to complete service within 28 days, or the case may be dismissed without prejudice.
Upon notice of failure of service, counsel must make reasonable attempts to make good service within twenty-eight (28) days of notice; and if they do not, the case may be dismissed by the Court without prejudice.
Page 5 | Local Rule 4. CASE FLOW MANAGEMENT PROCEDURES — B. Failure of Service
As soon as reasonably practicable after an answer is filed, the parties must exchange the listed financial, property, income, and asset information and documents.
It is mandatory that the parties exchange with each other, as soon as is reasonably practicable after an answer is filed, all of the following: - 1. The identity of all pensions, profit sharing and retirement benefits, including IRA's and the most recent summary; - 2. Copies of all real estate deeds and vehicle titles and any appraisals intended by the parties to be used in the case; - 3. Copies of the last three years income tax returns unless already in the possession of the other party; - 4. Documentary proof of current income from all sources; - 5. Copies of the most recent statements on all bank accounts, life insurance policies, mortgages, mutual funds, and other asset and debt accounts; - 6. The identity and location of any safety deposit box; and - 7. The identity of all entities which hold assets in which either party has an interest, including but not limited to beneficial interests in trusts, and tangible and other
Page 8 | E. Status Conferences, Pretrial Conferences and Disclosure.
Prospective jurors must be notified of jury service by regular mail through a summons directing them to appear on the assigned date.
All prospective jurors shall be notified by regular mail of their requirement of service by the issuance of a summons directing them to appear on the date assigned.
Page 11 | JURY MANAGEMENT PLAN
Jury summonses must be delivered by ordinary mail.
Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process and shall be delivered by ordinary mail.
Page 11 | JURY MANAGEMENT PLAN
All electronically filed cases shall have service issued pursuant to Civil Rule 4 with United States Postal Service
All electronically filed cases shall have service issued pursuant to Civil Rule 4 with United States Postal Service
Page 18 | Local Court Rule 5.02 Electronic Transmission Filing (E-Filing), Filing of Initial Pleadings
Electronic filing does not replace service on opposing counsel or parties; the filing party must perfect service.
g. The availability and utilization of electronic filing shall not serve to eliminate any requirements to serve opposing counsel or parties with filing pursuant to the Rules of Civil Procedure. The filing party is required to perfect service.
Page 19 | Local Rule 5.02 Electronic Transmission Filing (E-Filing)
The complaint and summons must be mailed by ordinary mail with address correction requested to the defendant’s last known address and, if a corrected or forwarding address is reported during the six-week posting period, mailed to that address as well.
The Clerk shall also cause the complaint and summons to be mailed by ordinary mail, address correction requested, to the Defendant's last known address. The Clerk is notified of a corrected or forwarding address of the Defendant within the six-week period that notice is posted, the Clerk shall cause the complaint and summons to be mailed to the corrected or forwarding address.
Page 21 | Local Rule 5.03 Service by Publication
After the final week of posting, the Clerk must docket where and when notice was posted, and service is complete upon entry of the posting.
After the last week of posting, the Clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting.
Page 21 | Local Rule 5.03 Service by Publication
When the defendant’s residence is unknown in a divorce, annulment, or legal-separation action, service by publication must be made by posting and mail.
Pursuant to Ohio Rules of Civil Procedure 4.4. In a divorce, annulment, and legal separation actions, if the residence of the Defendant is unknown, service by publication shall be made by posting and main.
Page 21 | Local Rule 5.03 Service by Publication
After the affidavit is filed, notice must be posted at the courthouse and the two specified libraries with newspaper-publication information for six successive weeks.
Upon filing of the affidavit, the Clerk of Common Pleas Court shall cause service of notice to be made by posting in the Courthouse and at the Mohawk Community Library, 107 East Seventh Street, Sycamore, Ohio and the Doracs Carey Public Library, 236 East Findlay Street, Carey, Ohio. The notice shall contain the same information required in a newspaper publication. The notice shall be posted in these locations for six successive weeks.
Page 21 | Local Rule 5.03 Service by Publication
Drafting counsel must prepare and mail the entry to all counsel and guardians ad litem within ten days after the hearing.
Drafting counsel shall prepare and mail said entry to all counsel and all guardians ad litem within ten (10) days of the hearing date.
Page 23 | Local Rule 6. JUDGMENT ENTRIES
When a real-estate appraisal is necessary or legally required, the Clerk must immediately notify counsel when it is returned by mailing a full copy to counsel or, for pro se parties, to the parties of record.
In all cases where the appraisal of real estate is necessary or required by law, the Clerk of Court shall immediately notify all counsel of record of the appraisal, when it is returned by the Wyandot County Sheriff's Office. This Notice shall be in the form of a full copy of the appraisal and shall be mailed to the attorneys of record or to the parties of record, if pro se.
Page 24 | Local Rule 9. FORECLOSURE OR EXECUTION/REAL ESTATE SALES & APPRAISALS
The hearing time must be served on the adverse party or counsel, and the matter may not be heard ex parte unless the Court finds from the motion affidavits that delay would cause extraordinary, undue hardship to the moving party.
Notice of time of hearing shall be served upon the adverse party or his counsel and no matter shall be heard ex parte, unless from the affidavits filed with the motion, the Court determines that extraordinary, undue hardship would result to the moving party by any delay in the proceeding.
Page 24 | Local Rule 8. MOTIONS — C. Equitable Relief
If an order is issued ex parte, a hearing on its continuance must be scheduled and held after notice to all concerned.
Even when the order is issued ex parte, a hearing on the continuance of such order shall be scheduled and held after notice to all concerned.
Page 24 | Local Rule 8. MOTIONS — C. Equitable Relief
The Clerk of Courts must notify all counsel of record of the appraisal by providing a photocopy within twenty-four hours after receiving it.
The Clerk of Courts shall immediately notify all counsel of record of the appraisal when it is returned by the Wyandot County Sheriff by providing a photocopy of same within twenty-four hours of the receipt thereof.
Page 25
A party electing to take the premises at appraised value must give notice of the election to counsel of record for all parties.
Any interested party having a right to elect to take said premises or any part thereof at the appraised value shall do so within fourteen days after the confirmation of said appraisement, and notice of such election shall be given by such parties so electing to counsel of record for all parties.
Page 25 | Local Rule 10. PARTITION
Service of summons must be checked 30 days after the divorce complaint is filed.
After the complaint is filed, service of summons shall be checked in thirty days.
Page 7 | C. Complaints for Divorce
The submitting party is responsible for ensuring documents are received, docketed, and served.
Ultimately, it shall be the submitting party's responsibility to ensure all documents are properly received, docketed and served.
Page 19 | Local Rule 5.02 Electronic Transmission Filing (E-Filing)
The Clerk must record the name, address, and date of each mailing in the docket.
The Clerk shall note the name, address and date of each mailing in the docket.
Page 21 | Local Rule 5.03 Service by Publication
When the interest of justice requires, the Court may decide a motion on an expedited basis before the briefing schedule expires after notice to the non-moving party.
Where the interest of justice requires, the Court may, upon notice to the non-moving party, decide any motion on an expedited basis prior to the expiration of the briefing schedule set forth in this rule.
Page 24 | Local Rule 8. MOTIONS — A. General Motions
Filing Fees and Waivers
A faxed filing requiring a fee will not be accepted for file stamping until paid; payment may be made by check or cash.
Any faxed filing that requires a filing fee shall not be accepted by the Clerk for file stamping until filing fees have been paid. Acceptable forms of payment are check or cash.
Page 20 | Local Rule 5.02. FACSIMILE FILINGS
The Clerk charges .10 cents per page for producing paper service copies of initial pleadings, and the charge is assessed as costs.
The Clerk shall produce paper copies of these initial pleadings and charge a fee of .10 cents per page, as stated in the Clerk’s fee schedule, for production of service copies, which shall be assessed as costs.
Page 18 | Local Court Rule 5.02 Electronic Transmission Filing (E-Filing), Filing of Initial Pleadings
Courtesy Copy Requirements
Do not deliver paper courtesy copies of electronically filed documents unless applicable rules require them or the Court requests them.
Paper courtesy copies of documents filed electronically SHALL NOT be delivered to the Court, unless required by applicable rules or requested by the Court.
Page 16 | Local Court Rule 5.01 Electronic Transmission Filing (E-Filing), 3) Format of Documents Electronically Filed, a. Document Types
Adjournment & Extension Requirements
Continuance requests must be made in writing and include the reason and whether opposing counsel consents.
Continuances shall not be granted orally and must be in writing. A request for continuance shall include the reason for the request and whether or not opposing counsel consents.
Page 6 | Local Rule 4. CASE FLOW MANAGEMENT PROCEDURES — F. Continuances
The scheduling order may be changed only by order of the Court.
This schedule may not be altered except by order of the Court.
Page 6 | Local Rule 4. CASE FLOW MANAGEMENT PROCEDURES — C. Scheduling Order
Continuance requests must be in writing, include the proposed hearing date, reason, and opposing counsel’s consent position, and receive magistrate approval if applicable before submission to the judge.
Continuances shall not be granted orally and must be in writing. A request for continuance, before it is granted, shall contain the new date for hearing, the reason for the request, whether or not opposing counsel consents, and must be approved by the magistrate, if applicable, before being submitted to the judge.
Page 9 | G. Continuances
Further leave to move or plead requires written consent and court approval, or a noticed application showing good cause.
Any leave to move or plead thereafter may be had only by consent in writing of the parties or their counsel and the approval of the Court, or upon application to the Court with notice to the opposing party or counsel, and for good cause shown.
Page 23 | Local Rule 7. LEAVE TO MOVE OR PLEAD
A party unable to move or plead on the rule day may obtain an extension by court application without notice for up to thirty days, or with counsel’s consent for up to fifty days without court leave.
When a party in any case is not prepared to move or plead on the rule day, an extension of time may be had upon application to the Court and without notice for a period not exceeding thirty (30) days; or with consent of counsel not to exceed fifty (50) days without leave of Court.
Page 23 | Local Rule 7. LEAVE TO MOVE OR PLEAD
The leave-to-move-or-plead rule does not apply to Domestic Relations cases.
This rule does not apply to Domestic Relations cases.
Page 23 | Local Rule 7. LEAVE TO MOVE OR PLEAD
Chambers Communication Rules
Attorneys and pro se litigants must call the Court Administrator or Clerk before faxing a document.
Attorneys and pro se litigants shall call the Court Administrator or the Clerk of Courts Office prior to faxing any document.
Page 19 | Local Rule 5.02. FACSIMILE FILINGS
Counsel and self-represented persons should consult the Clerk’s website before initiating a case to check e-filing availability and applicable requirements.
a. The Court's goal is to make e-Filing available in all cases and case types, with limited exceptions. However, to assure a smooth transition between e-Filing and paper filing, e-Filing will be available in some case types prior to others. Counsel and persons representing themselves pro se shall consult the Clerk's website before initiating a case. Documents to be e-Filed are subject to the requirements, exceptions and limitations set forth in these rules.
Page 16 | Local Court Rule 5.01 Electronic Transmission Filing (E-Filing), 1) Implementation
The Clerk will notify the attorney by phone if a faxed document cannot be filed.
The Clerk will phone the attorney if the transmitted document cannot be filed for any reason.
Page 15 | Local Rule 5. PLEADINGS, FILES AND PAPERS