Ashtabula County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
Pleading, Motion, Memorandum, Memorandum Contra
- Email • Upon Filing
Adjournments
- Counsel may agree to one extension of up to 30 days without leave of Court if written consent signed by counsel for each party is filed with the Clerk; otherwise, or for more than 30 days, a party may move for additional time and must state the number of prior extensions obtained.
- If a case has been set for trial, filing a responsive pleading under this rule is not a reason to continue the trial unless the Court orders otherwise.
- A party seeking a trial continuance or material witness warrant because a witness is unavailable must properly serve the subpoena or make good-faith efforts to serve it and file a written motion before the request.
- +1 more
Request must include
- A continuance request must be submitted to the assigned Judge at least 14 days before the trial or hearing, absent an emergency or other Court-sufficient cause, and must be made by motion with a proposed order and the specified supporting information.
Page & Word Limits2 rules
A transmitted document must not be longer than ten (10) pages, not including the cover page, and must pertain to only one case.
- Page limit
- Up to 10 pages
The body or text of covered post-pleading documents is limited to 10 pages; unnecessary exhibits or appendages should not be attached, and the limit may be exceeded for good cause, while filings exceeding it without leave may be stricken.
- Document filed after the Complaint, Answer, Cross-Claim, Counterclaim, and responses thereto
- Up to 10 pages
Exception
More pages with leave of court
Court's wording
The body or text of any document filed after the Complaint, Answer, Cross-Claim, Counterclaim, and responses thereto, shall not exceed 10 pages in length. Do not attach exhibits or appendages that are not absolutely necessary to pleadings or motions. Filings that exceed this 10 page limit may be stricken. The page limit may be exceeded for good cause shown, and any filing exceeding the page limit without leave of Court may be stricken.
Document Format Requirements9 rules
a. Except as provided in Subsection (F)(2)(b) of this Rule, all e-Filed documents, pleadings, and papers shall be filed with the Clerk in .pdf format.
- File type
a. Typewritten or printed, double spaced, on 8 ½” x 11” paper, not less than 11- point and not greater than 12-point regular type font, paginated sequentially.
- Line spacing
- Double
- Paper size
- Letter
c. Documents shall be limited to ten megabytes (10MB) in size. No combination of PDF files in one transmission may accumulate to more than thirty megabytes (30MB) in size. The formatting requirements and limitations set forth in this Rule apply to all electronically filed documents.
b. A proposed order or proposed entry shall be submitted only in Word [.docx] format and reference the specific motion to which it applies.
- File type
- Word
- Proposed order
Documents requiring an original signature, such as an affidavit or other notarized documents, shall be e-Filed as a .pdf.
- File type
- Affidavit
- Notarized document
d. To the extent practicable, documents shall be in pdf format.
- File type
Formatting
- •PDF format is required only to the extent practicable
b. A filed document shall not contain links to other documents or references to the CMS, unless they are incorporated into the filed documents. External links are prohibited.
Formatting
- •External links are prohibited
Twenty-Four Hours prior to any jury trial, counsel for both parties shall jointly submit to the Court, in Word Format, proposed jury instructions.
- Proposed jury instructions
Formatting
- •Word format
Do not attach exhibits or appendages that are not absolutely necessary to pleadings or motions.
Document Filing Requirements100 rules
The subject line of the email shall state the short form of the case title, case number, and the name of the document.
When filing an indictment, bill of information, or bind-over order, the prosecuting attorney must file a certification of the case-management-record search and provide specified prior-case information, except in codefendant cases.
Court's wording
At the time of filing an indictment, bill of information, or bind-over order, the prosecuting attorney shall file a certification with the Clerk of Courts which affirms that all Courtview or other court case management system records in place at the time of review, have been searched and that to the best of the prosecuting attorney’s knowledge the certification shall indicate: 1. Whether the case has previously been dismissed, and if so, the prosecuting attorney shall note the judge to whom the previous case was assigned; 2. Whether the case is being brought against a defendant who is on probation or community control through this court, and if so, the prosecuting attorney shall list the case number or numbers and the judge who placed the defendant on probation or community control; 3. Whether the defendant has a pending case with the court, and if so, the judge to whom the case is assigned; 4. Whether the defendant has had a previous case with the court within the last five years as described in Subsection (3)(a) of this Rule, and if so, the judge to whom the case was assigned; 5. In the case of codefendants, the prosecuting attorney will not file the certification described in this section.
e-Filed documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/ [name].”
Counsel, for themselves and on behalf of their client(s), and self-represented litigants shall provide a valid email address at the time of filing any document.
For a document requiring multiple signatures, the filer must confirm agreement, indicate the other signatories’ agreement in the document, and e-file the signatories with the manner and date of approval.
Court's wording
When a stipulation or other document requires two or more signatures, the filer shall: i. confirm that the content of the document is acceptable to all persons required to sign the document; ii. indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line; and iii. e-File the document, indicating the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc. with the manner and date of approval.
b. A proposed order or proposed entry shall be submitted only in Word [.docx] format and reference the specific motion to which it applies.
Instructions for Service must be filed separately for documents served by the Clerk or when Clerk service is requested, must identify parties and addresses, and must use “unknown” for an unknown address.
Court's wording
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 shall be filed as a separate document. The Clerk shall not accept Instructions for Service that do not designate the names and addresses of the parties to be served. If the address of a party to be served is unknown, the filer shall substitute “unknown” for the address.
The caption of an original complaint, counterclaim, cross claim, or third party complaint must include plaintiff and defendant addresses, using “unknown” for any unknown address.
- Document
- Complaint or related pleading
- Placement
- Caption
Court's wording
Upon filing the original complaint or any counterclaim, cross claim, or third party complaint, in addition to the Instructions for Service required by Subsection (H)(1) of this Rule, the filer shall include the address of the plaintiff(s) and defendant(s) in the caption of the document. If the address of any plaintiff or defendant is unknown, the filer shall substitute “unknown” for the address in the caption.
D. The public case file shall contain, in place of the document contained in the non-public file, a Notice of Filing reflecting the filing of the document maintained in the non-public file and the date thereof. The Notice of Filing is to be prepared by the filing party.
Attorneys and self-represented litigants must attach a certification to any submitted document or evidence created or edited with AI, disclosing the AI used and its role and certifying final review, approval, and submission.
- Document
- AI assisted document or evidence
Must include
- •AI disclosure
Court's wording
(C) Disclosure of Use of Artificial Intelligence Technology: Attorneys and self-represented litigants must disclose the use of AI-assisted technology in the creation or editing of any document or evidence submitted to the court. Such disclosure should include a general description of the AI technology used and its role in the preparation of the materials. The disclosure must be made at the time of submission through a certification attached to the document or evidence, indicating the type of AI used and certifying the attorney's or self- represented litigant’s final review, approval, and submission of the AI-assisted material.
If a case is dismissed and subsequently refiled, the refiled complaint shall contain the following designation under the case number: “THIS IS A REFILED CASE.”
In domestic relations cases, upon filing a divorce, dissolution or legal separation, counsel or parties filing pro se shall submit to the Clerk of Courts the Confidentiality Form (See Appendix 2).
Every complaint shall be accompanied by a Filing Designation Form (See Appendix 1).
and if filed by a law firm, the name of the attorney having primary responsibility for the case shall be specifically designated.
Every pleading, motion or other document filed in any case shall contain the names of all parties and the complete addresses, if known, of any party who is appearing in the case for the first time.
On any civil case, including domestic relations cases, Social Security Numbers and Birthdates shall not be included on any pleading or exhibit to be filed in the court record.
Every pleading, motion or other document filed on behalf of a party shall have printed or typed thereon the name, address, telephone number, fax number, e-mail address, and Supreme Court registration number of counsel filing same;
The Clerk of Courts is instructed to place the information contained in the Confidential Form into a non-public access area of the computer and such information is to be considered confidential.
Requests for continuance shall be by motion and a proposed judgment entry/order shall be attached.
A judgment entry concluding a case must specify the allocation of court costs; absent agreement, costs are assessed according to the listed case outcomes.
Court's wording
Every Judgment Entry concluding a pending case shall specify the allocation of court costs. In the absence of an agreement as to the allocation of costs, the Clerk shall assess costs as follows: 1. Default Judgment ----- against Defendant, 2. Dismissed by Plaintiff ----- against Plaintiff, 3. Settlement ----- against Plaintiff and Defendant equally, 4. Following trial or contested hearing ----- as directed by the Court
The application to withdraw shall include a certification by counsel that the client has been informed of all scheduled hearing dates and/or filing deadlines, and that a copy of the application to withdraw was served on the client.
An itemized statement of services, time, and requested hourly rates for in-court and out-of-court work must be filed and exchanged no later than 7 days before the fee hearing.
Court's wording
An itemized statement describing the services rendered, the time for such services, and the requested hourly rate for the in court time and out of court time shall be filed with the Court, and exchanged with opposing counsel or pro se party no later than seven (7) days before the hearing in which the fees requested will be adjudicated.
No oral motion for fees shall be entertained.
A request for fees to prosecute an action must be included in the motion or pleading giving rise to it and identify the authority permitting the award.
Court's wording
A request for attorney fees and expenses to prosecute an action shall be included in the body of the motion or other pleading that gives rise to the request for fees. The motion or pleading shall include the statute, rule or other applicable authority that would permit an award of attorney fees.
E. All requests for exemptions, excuses or deferrals, must be in writing and supported by appropriate documentation. All requests MUST be approved by the Deputy Jury Commissioner or a Judge of the Common Pleas Court.
The proposed instructions shall highlight or note for the Court any instructions that are unique or that the parties do not agree on.
Twenty-Four Hours prior to any jury trial, counsel for both parties shall jointly submit to the Court, in Word Format, proposed jury instructions.
Seven days prior to any jury trial, counsel for both parties shall submit to the Court a witness and exhibit list.
All unopposed motions shall state within the body of the motion that they are unopposed.
- Document
- Unopposed motion
- Placement
- Body of the document
The moving party shall file with the motion a brief supporting memorandum containing the authorities relied upon and any affidavits or other supporting documents required or appropriate to file with the motion.
All motions shall be accompanied by a proposed judgment entry/order. Failure to comply may result in dismissal of the motion.
- Document
- Motion
Must include
- •Proposed order
At the pretrial conference, the parties must submit a pretrial statement to the Court, copy opposing counsel, and include the specified case and trial information.
Court's wording
The parties shall, at the pretrial conference, submit to the Court, with a copy to all opposing counsel, a pretrial statement which shall include: a. identification of the claims or defenses, b. brief statement of the facts, c. issues of fact, d. injuries if applicable, e. damages, list specials, f. issues of law, g. witnesses (lay) (expert), h. estimate of time for trial, i. pending motions, j. stipulations, k. depositions to be used in case in chief.
The report of an expert must reflect his opinions as to each issue on which the expert will testify. An expert will not be permitted to testify or provide opinions on issues not raised in his report.
However, unless good cause is shown, all supplemental reports must be supplied no later than thirty (30) days prior to trial.
If a party cannot obtain an expert’s written report, counsel must show a good-faith effort and provide the Court and opposing counsel specified information about the expert and expected testimony.
Court's wording
If a party is unable to obtain a written report from an expert, counsel for the party must demonstrate that a good faith effort was made to obtain the report and must advise the Court and opposing counsel of the name and address of the expert, the subject of the expert’s expertise together with his qualifications and a detailed summary of his testimony.
Counsel must exchange written reports for medical and expert witnesses expected to testify according to the discovery schedule, with the party bearing the burden on an issue submitting first.
Court's wording
Each counsel shall exchange with all other counsel written reports of medical and expert witnesses expected to testify in advance of the trial. The parties shall submit expert reports in accord with the time schedule established for discovery. The party with the burden of proof as to a particular issue shall be required to first submit expert reports as to that issue. Thereafter, the responding party shall submit opposing expert reports within the schedule established for discovery.
A party may not call an expert witness to testify unless a written report has been procured from the witness and provided to opposing counsel.
A preliminary judicial report with the specified ownership, title, lien, and plaintiff-interest information must accompany pleadings requesting a judicial sale.
Court's wording
In every action demanding the judicial sale of real property, including actions to quiet title, partition, marshaling of liens, and foreclosure, the party or parties seeking such judicial sale shall file, together with the filing of the pleadings requesting such relief, a preliminary judicial report prepared by a licensed “title insurance company,” as that term is defined in Section 3953.01(c) of the Ohio Revised Code, showing: 1. the name of the owners of the property to be sold; 2. a reference to the volume and page of the recording by which the owners acquired title to such real estate; 3. a description of all exceptions to said owner’s fee simple title and liens thereon; 4. the name and address, as shown on the record lien, of the lien holder(s); and 5. a reference to the volume and page of the recording by which the named plaintiff claims its lien or other interest in the property.
The party or parties requesting the Order For Sale shall prepare a distribution entry showing court costs assessed, which includes the invoice for the cost of the title examination, and all other costs and distribution of sale proceeds.
A final judicial report updated to a date after judgment must be filed when the final foreclosure decree is filed.
Court's wording
At the time of the filing of the final decree in foreclosure, the party or parties submitting the same shall file a final judicial report, updating the preliminary report to a date subsequent to the date of judgment, to insure that all necessary parties are properly before the Court in the pending action.
A motion seeking confirmation of sale and distribution of proceeds must include the Treasurer’s statement on a court-approved form with the specified tax and assessment amounts.
Court's wording
After the real property is foreclosed, all motions requesting a confirmation of sale that include a request for distribution of the proceeds, shall be accompanied by a statement from the Ashtabula County Treasurer, on a court-approved form, stating the amount of the delinquent taxes, unpaid current year taxes, current year penalty and interest, pro-rated taxes, future assessments, and the total taxes due and to be paid out of the proceeds from the sale of the real property.
In the specified real-estate actions, the plaintiff’s attorney must file a separate Exhibit A with the precipe for Order For Sale containing the case caption and number, legal description, and Auditor notation.
Court's wording
In actions for the marshaling and foreclosure of liens, any other judicial sale of real estate, or any action involving title to real estate, the attorney for the plaintiff shall file simultaneously with the precipe for Order For Sale, a separate Exhibit “A,” that must include all of the following: 1. the caption of the case and the case number; 2. the legal description of the subject real estate; and 3. a notation by the Ashtabula County Auditor that the legal description is acceptable for transfer purposes.
For every indictment filed, the Prosecuting Attorney shall provide to the Court, the Defendant’s jail time credit, as well as the speedy trial deadline, at the time of the Arraignment, by using the Speedy Trial Form (See Appendix 3).
No oral hearing shall be held unless requested in writing and granted by the Trial Judge or in the case of an unassigned case, by the Administrative Judge.
All Applications seeking a remittance or a release from a bond responsibility shall be made on a verified Application setting forth, in detail, the reason for the remittance.
The other party shall file Affidavit 4 within fourteen (14) days of service of the Motion to Modify Child Support.
All forms required above, shall be those forms most recently approved by the Ohio Supreme Court and available on the Ohio Supreme Court Website.
Plaintiff shall file the Affidavit with the Complaint for Divorce or Legal Separation.
A party requesting child support, spousal support, or parenting rights in a divorce or legal separation must file the prescribed temporary-orders motion and affidavit or counter affidavit.
Court's wording
In every Divorce or Legal Separation, in which a party is requesting child support, spousal support, or parenting rights, the party shall file the Motion and Affidavit or Counter Affidavit for Temporary Orders Without Oral Hearing in the form prescribed by Civ. R. 84, Uniform Domestic Relations Form - Affidavit 5.
Within fourteen (14) days of service, the other party shall file a counter Affidavit in the form prescribed by Affidavit 5.
A party moving for spousal or child support must also file the prescribed Affidavit of Basic Information, Income and Expenses.
Court's wording
If a party is requesting spousal support or child support, the moving party shall also file an Affidavit of Basic Information, Income and Expenses on the form prescribed in Civ. R. 84, Uniform Domestic Relations Form - Affidavit 1.
Each party in a case involving a parenting determination must file the prescribed Parenting Proceeding Affidavit and Health Insurance Affidavit with the party’s first pleading.
Court's wording
In any case involving a parenting determination, including Divorces, Dissolutions, Legal Separations, Domestic Violence Petitions, and Post Judgment Motions to Modify the Allocation of Parental Rights, each party shall file a Parenting Proceeding Affidavit and a Health Insurance Affidavit in the form prescribed by Civ.R.84, Uniform Domestic Relations Form - Affidavit 3 and Uniform Domestic Relations Form - Affidavit 4 with their first pleading.
A Health Insurance Affidavit, shall also be filed by the moving party with any Motion to Modify Child Support.
The other party shall file the affidavit within fourteen (14) days of service of the motion for child or spousal support.
In every Divorce, Dissolution or Legal Separation, both parties shall file an Affidavit of Property and Debt in the form prescribed by Civ. R. 84, Uniform Domestic Relations Form - Affidavit 2.
Defendant shall file the Affidavit within the time that an Answer would be required to be filed.
Ex Parte motions must: 1. Be in writing. 2. Include a Supporting Affidavit from the party filing the motion, detailing the grounds and irreparable harm to that party, should the motion not be granted. 3. Include a proposed Judgment Entry.
- Document
- Ex parte motion
Must include
- •Proposed order
A Motion for Exclusive Use of Premises is to be supported by affidavit of the moving party that states the specific reasons and facts for the motion.
A proposed Order shall be submitted with the written motion.
- Document
- Motion for exclusive use of premises
Must include
- •Proposed order
Filing & Service rules
Electronic Filing Rules
Counsel of record and self-represented parties must register with the Court’s e-File system under the Clerk’s registration procedure.
All counsel of record and persons acting as self-represented parties shall register with the Court’s e-File system to file, serve, receive, review, and retrieve copies of e-Filed pleadings, orders and other documents in the case. Registration is mandatory and shall be in accordance with the procedure established by the Clerk as set forth on the Clerk’s website.
Page 12 | B. REGISTRATION IN E-FILE SYSTEM
Parties who e-file or receive electronic service must register with the Court’s electronic filing system.
By definition, parties filing electronically or receiving electronic service of any documents filed must become registrants with the Court’s electronic filing system.
Page 13 | E-File case types
In designated electronic-filing cases, parties and counsel must e-file the listed filings, may e-file supporting transcripts or other necessary documents, and generally may not submit paper filings, subject to Subsection (K).
For case types designated for electronic filing, parties and counsel shall file all pleadings, motions, briefs, memoranda of law, notices, and proposed orders through e- filing. Parties and counsel may file deposition transcripts, transcripts of proceedings, or other documents electronically through the Court's electronic filing system to the extent such document is necessary to support a required pleading. Except as provided in Subsection (K) of this Rule, the Clerk shall not accept or file any document in paper form in mandatory e-File cases from counsel, or self-represented litigants.
Page 13 | E. OFFICIAL COURT RECORD
In designated e-File cases, documents must be filed through the Court’s authorized electronic system, not on paper or by fax, subject to the stated exceptions and leave of court.
For designated e-File case types, except as provided in Subsection (K) of this Rule, the Court shall not accept or file any pleadings or instrument in paper form. Parties shall electronically file a document by registering to use the Court’s authorized electronic filing system. This Rule supersedes Local Rule 3.1 by disallowing filing by fax absent leave of the Court as contemplated in Section B of this Rule.
Page 13 | E-File case types
Filings may be e-filed with the Clerk on weekdays from 8:00 AM to 4:30 PM, excluding legal holidays.
Any filing may be e-Filed with the Clerk Monday through Friday, between the hours of 8:00 AM and 4:30 PM, excluding legal holidays.
Page 15 | G. TIME, EFFECT AND PROCESS OF E-FILING
Exhibits, attachments, or other documents that cannot be comprehensibly viewed in PDF must be filed physically with the Court.
Exhibits, attachments, or other documents that may not be comprehensibly viewed in a .pdf shall be filed in their physical form with the Court.
Page 17 | K. EXCEPTIONS TO E-FILING
Subpoenas to be issued by the Clerk must be filed on paper with the Clerk.
Subpoenas which are to be issued by the Clerk shall be filed in paper form with the Clerk.
Page 17 | K. EXCEPTIONS TO E-FILING
Documents related to Civil Protection Orders, Certificates of Judgments, and Executions of Judgment must be filed on paper with the Clerk.
All documents related to Civil Protections Orders, Certificates of Judgments, and Executions of Judgment shall be filed in paper form with the Clerk.
Page 17 | K. EXCEPTIONS TO E-FILING
Bonds filed in criminal cases must be filed on paper with the Clerk.
Bonds filed in criminal cases shall be filed in paper form with the Clerk.
Page 17 | K. EXCEPTIONS TO E-FILING
Pleadings and other papers may be filed by fax, except original complaints in civil or criminal cases, subject to the stated conditions.
The Clerk will accept the filing of pleadings and other papers, other than the original filing of complaints in civil or criminal cases, by fax, in accordance with Rule 5(E), Ohio Rules of Civil Procedure, subject to the following provisions:
Page 19 | RULE 3.1 (FKA RULE 5) — FAX FILINGS
Unless a court order provides otherwise, referral to parenting coordination stays the case and the Clerk will not accept filings during the stay except for the listed documents.
Unless otherwise provided by court order, referral of a case to parenting coordination stays a case until further notice. The Clerk of Court shall not accept for filing any documents while a case is in parenting coordination with the following exceptions: a. An objection to a parenting coordinator’s decision; b. A motion to lift the stay; c. A response to a motion to lift the stay; d. An application to dismiss the case; e. A notice related to counsel; f. A motion for changes in the designation of the primary residential parent or legal guardian. g. A motion for changes in the primary placement of a child. h. A motion regarding matters unrelated to the issues referred to the parenting coordinator.
Page 81 | 8. Stay of Proceedings
Email the mediation statement to the address provided.
Email Mediation Statement to: aedudik@ashtabulacounty.us
Page 112
An e-Filed document is deemed authorized by the party assigned its identifier unless that party proves otherwise by clear and convincing evidence.
All e-Filed documents shall be deemed to be made with the authorization of the party who is assigned the specific unique electronic identifier, unless the party proves to the satisfaction of the Court, by clear and convincing evidence, that the contrary is demonstrated.
Page 12 | C. CONFIDENTIAL AND UNIQUE ELECTRONIC IDENTIFIER
The Court may excuse mandatory e-filing for undue hardship or exceptional circumstances, but leave to use another filing method requires a motion stating the reasons for noncompliance.
At the Court’s discretion, any attorney or self-represented litigant may be excused from mandatory e-Filing upon a showing of undue hardship or exceptional circumstances. Leave to file other than through the e-Filing Portal may be granted only by the filing of a motion with the administrative judge for an initial filing or the judge previously assigned upon a re-filing of the case, specifically stating the reasons the attorney/party cannot comply with e-Filing procedures. The Court’s expectation, however, is that leave will be sought rarely, and will be granted only for undue hardship or under exceptional circumstances, including outages.
Page 12 | B. REGISTRATION IN E-FILE SYSTEM
Qualified Domestic Relations Orders and Division of Property Orders are exceptions to e-filing.
Qualified Domestic Relations Orders and Division of Property Orders.
Page 17 | K. EXCEPTIONS TO E-FILING
Documents or evidence intended for in camera review are exceptions to e-filing.
Documents or evidence intended for in camera review.
Page 17 | K. EXCEPTIONS TO E-FILING
Documents submitted by individuals housed in correctional institutions are exceptions to e-filing.
Documents submitted by individuals housed in federal, state, or local correctional institutions.
Page 17 | K. EXCEPTIONS TO E-FILING
Criminal case documents filed at or before arraignment are exceptions to e-filing.
Criminal case documents filed at arraignment and prior to arraignment.
Page 17 | K. EXCEPTIONS TO E-FILING
Garnishments are exceptions to e-filing.
Garnishments.
Page 17 | K. EXCEPTIONS TO E-FILING
Applications to waive court filing fees based on indigency are exceptions to e-filing.
Applications to waive court filing fees based upon claims of indigency.
Page 17 | K. EXCEPTIONS TO E-FILING
Documents submitted by vexatious litigators are exceptions to e-filing.
All documents submitted by vexatious litigators.
Page 17 | K. EXCEPTIONS TO E-FILING
Motions, entries, and certifications for appointed counsel fees are exceptions to e-filing.
Motion, Entry, and Certification for Appointed Counsel Fees.
Page 17 | K. EXCEPTIONS TO E-FILING
The specified electronic versions constitute the Official Court Record and e-filed documents have the same force and effect as traditionally filed documents.
For documents that have been e-Filed pursuant to Subsection (G) of this Rule or documents filed in paper format pursuant to Subsection (K) of this Rule that have been scanned and uploaded to the e-File system by the Clerk, the electronic version constitutes the Official Court Record. E-Filed Documents have the same force and effect as those filed by traditional means.
Page 13 | E. OFFICIAL COURT RECORD
Proposed jury instructions may be submitted by email to the Court’s bailiff and magistrate.
Submission may be made by e-mailing them to the Court’s bailiff and magistrate.
Page 35 | RULE 4.10 (NEW) PROPOSED JURY INSTRUCTIONS
Witness and exhibit lists may be submitted by email to the Court’s court reporter or recorder.
Submission may be made by e-mailing them to the Court’s court reporter/recorder.
Page 36 | RULE 4.11 (NEW) WITNESS AND EXHIBIT LISTS
Filing Timing and Cure Windows
After notice of compliance issues, the filer has 72 hours, excluding weekends and holidays, to correct and resubmit the document.
If the Clerk’s review finds the submission does not comply with Court rules, policies, procedures, and practice, the filer shall be notified and have seventy- two (72) hours, excluding weekends and holidays, to remedy the compliance issues and re-submit the corrected document.
Page 15 | G. TIME, EFFECT AND PROCESS OF E-FILING
A submission is deemed filed upon acceptance, with an electronic stamp reflecting when it was submitted to the e-File system.
Upon acceptance, the submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the Court’s e-File system. Once accepted the document will be deemed filed for purposes of Ohio Law and relevant Rules of Court Procedure.
Page 15 | G. TIME, EFFECT AND PROCESS OF E-FILING
The stated e-filing window is Monday through Friday, 8:00 AM to 4:30 PM, excluding legal holidays.
Any filing may be e-Filed with the Clerk Monday through Friday, between the hours of 8:00 AM and 4:30 PM, excluding legal holidays.
Page 15 | G. TIME, EFFECT AND PROCESS OF E-FILING
The clerk rejects electronically filed documents requiring a fee if the filer has not complied with the Court’s payment mechanism.
Any document filed electronically that requires a filing fee shall be rejected by the clerk of court unless the filer has complied with the mechanism established by the Court for the payment of filing fees in accordance with Civ. R. 5(E)(3).
Page 17 | SECTION III. FILING PROCEDURES, COSTS AND FILE MANAGEMENT
The attorney must verify with the Clerk within one business day of filing that the fax filing was received and accepted.
The attorney shall verify with the Clerk, within one (1) business day of the filing, the receipt and acceptance of the facsimile filing.
Page 19 | RULE 3.1 (FKA RULE 5) — FAX FILINGS
A fax filing is considered filed when the Clerk’s date and time stamp appears on the fax, including a stamp produced by the Clerk’s fax machine.
All documents submitted will be considered filed when the date/time has been stamped by the Clerk on the fax. For purpose of this section, the date/time stamped produced by the Clerk’s fax machine shall constitute the date/time stamp of the Clerk.
Page 19 | RULE 3.1 (FKA RULE 5) — FAX FILINGS
The itemized attorney-fee statement must be filed with the Court no later than 7 days before the hearing at which the requested fees will be adjudicated.
An itemized statement describing the services rendered, the time for such services, and the requested hourly rate for the in court time and out of court time shall be filed with the Court, and exchanged with opposing counsel or pro se party no later than seven (7) days before the hearing in which the fees requested will be adjudicated.
Page 31 | RULE 4.6 (FKA RULE 26) — ATTORNEY FEES
A motion requesting fees and expenses to defend an action must be filed at least 14 days before the hearing on the motion being defended.
A request for attorney fees and expenses to defend an action shall be made by motion filed at least fourteen (14) days prior to the hearing on the motion being defended.
Page 31 | RULE 4.6 (FKA RULE 26) — ATTORNEY FEES
Proposed jury instructions must be submitted 24 hours before trial.
Twenty-Four Hours prior to any jury trial, counsel for both parties shall jointly submit to the Court, in Word Format, proposed jury instructions.
Page 35 | RULE 4.10 (NEW) PROPOSED JURY INSTRUCTIONS
Witness and exhibit lists must be submitted seven days before trial.
Seven days prior to any jury trial, counsel for both parties shall submit to the Court a witness and exhibit list.
Page 36 | RULE 4.11 (NEW) WITNESS AND EXHIBIT LISTS
A party opposing a motion must file a written response within 14 days after receiving the motion.
Each party opposing the motion shall file a written response within fourteen (14) days after receipt of the motion.
Page 38 | RULE 5.1 (FKA RULE 6) — CASE MANAGEMENT: CIVIL CASES, B. MOTIONS
The preliminary judicial report must be current to within fourteen days before the complaint or other pleading requesting judicial sale is filed.
The preliminary judicial report shall be current to within fourteen days prior to the filing of the Complaint or other pleading requesting judicial sale.
Page 41 | RULE 5.3 (FKA RULE 11), A
The proposed confirmation entry must be sent to the Prosecutor’s Office for approval at least fourteen days before submission to the Court and include the specified tax, penalty, and interest payments.
The proposed confirmation entry shall be provided to the Ashtabula County Prosecutor’s Office for approval at least fourteen (14) days prior to being submitted to the Court, and shall include the payment of any outstanding delinquent taxes, unpaid current year taxes (prorated to the date of sale), and all penalties and interest due.
Page 42 | RULE 5.3 (FKA RULE 11), B.4
After a covered temporary order is journalized, the court must grant a requesting party an oral hearing to modify it within twenty-eight days of a written request.
Upon written request, after any temporary spousal support, child support, or order allocating parental rights and responsibilities for the care of children is journalized, the court shall grant the party so requesting an oral hearing within twenty-eight days to modify the temporary order.
Page 57 | RULE 7.2 (FKA RULE 16-A) TEMPORARY ORDERS
The other party may file counter affidavits within fourteen days after service of the complaint, answer, counterclaim, or motion for use in deciding the specified temporary orders.
Counter affidavits may be filed by the other party within fourteen days from the service of the complaint, answer, counterclaim, or motion to be used by the court or magistrate in making a temporary spousal support order, child support order, and order allocating parental rights and responsibilities for the care of children.
Page 57 | RULE 7.2 (FKA RULE 16-A) TEMPORARY ORDERS
The Court will issue a post-decree Ex Parte order affecting a child only upon a showing of irreparable harm absent immediate action, and a hearing must be held within fourteen days.
However, the Court will issue such orders only where it is shown that irreparable harm will occur to the child unless immediate action is taken and a hearing shall be held within fourteen (14) days.
Page 58 | RULE 7.2 (FKA RULE 16-A) TEMPORARY ORDERS
To prevent admission of the assessor’s report upon a party’s motion, an objection must be filed and served on opposing counsel at least seven days before the scheduled hearing.
Unless an objection is filed with the Court and served on opposing counsel, not less than seven (7) days before the scheduled hearing, the report of the assessor shall be admitted into evidence upon motion of either party.
Page 61 | RULE 7.5 (FKA RULE 18)
The required child-support disclosures must be submitted to the Court at least 14 days before the hearing in the specified proceedings.
In every action involving an objection to an original administrative order setting child support, a hearing request or an objection to an administrative modification of child support, or a motion seeking modification of an existing child support order, the parties or counsel shall submit the following to the Court no less than fourteen (14) days before the date of the hearing:
Page 69 | RULE 7.7 (FKA RULE 20) CHILD SUPPORT
A written request for support-arrearage certification must be received by the CSEA at least 14 days before the scheduled hearing and submitted to the Court.
All written requests must be received by the CSEA no less than fourteen (14) days before the scheduled hearing date and submitted to the Court.
Page 70 | F. Certification of Support Arrearages
The report preparer must prepare a written final report complying with Sup.R. 48(F), file it with the Court, and make it available to the parties seven (7) days before the dispositional hearing.
Prepare a written and final report that complies with the requirements of Sup.R. 48(F), file it with the Court and make it available to the parties seven (7) days before the dispositional hearing; and,
Page 74 | C. RESPONSIBILITIES
If a party timely files objections, any other party may file and serve additional objections no later than ten days after the first objections are filed.
If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten days after the first objections are filed.
Page 80 | Parenting Coordination Procedures
A party may file written objections and serve all other parties within fourteen days of the decision’s filing date.
A party may file written objections to a parenting coordinator’s decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.
Page 80 | Parenting Coordination Procedures
The parenting coordinator’s written decision must be filed with the Court immediately.
The decision shall be immediately filed with the Court
Page 80 | Parenting Coordination Procedures
A Request for Hearing to Contest must be filed within 14 days after service of the Petition to Register a Foreign Parenting Order.
A Request for Hearing to Contest must be filed within 14 days of service of the Petition to Register a Foreign Parenting Order (See Appendix 5).
Page 84 | RULE 7.12 (NEW) — REGISTERING A FOREIGN DECREE/ORDER
News media must obtain written, hearing-specific authorization by filing the required form at least 24 hours before each hearing, unless the Court waives advance notice for good cause.
I. News media representatives must receive authorization from the Court for broadcasting, televising, filming, recording, or the taking of photographs in the courtroom. The authorization shall be in writing and only upon submission of the “Request for Permission to Photograph, Televise, Record, or Broadcast Court Proceedings” form utilized by the Court. J. The “Request for Permission to Photograph, Televise, Record, or Broadcast Court Proceedings” form shall be filed at least twenty-four (24) hours prior to the scheduled hearing (See Appendix 8). Authorization is hearing specific; a new request must be submitted prior to each hearing that news media representatives wish to cover. The Court may waive the advance notice for good cause. All applications shall become a record of the proceedings
Page 99 | RULE 10.1 (FKA RULE 40)
Electronic filing is available Monday through Friday from 8:00 AM to 4:30 PM, except on legal holidays and other days the Court is closed.
Electronic - 11 - ===== PAGE 12 ===== filing will be available Monday through Friday, from 8:00 AM to 4:30 PM, excluding legal holidays or other days upon which the Court is closed.
Page 12 | A. DEFINITION OF TERMS, 9. Registered User
If a system error prevents receipt, the Court may, in its discretion, permit filing nunc pro tunc to the submission date.
If a submission is not received by the Court because of System Error, the Court may, upon its discretion, enter an order permitting the document to be filed nunc pro tunc to the date it was submitted.
Page 15 | G. TIME, EFFECT AND PROCESS OF E-FILING
The e-File system must issue a receipt confirmation showing the date and time of receipt, which serves as proof of receipt.
Upon receipt, the Court’s e-File system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.
Page 15 | G. TIME, EFFECT AND PROCESS OF E-FILING
After Clerk review, the filer will be notified whether the submission was accepted or rejected.
After Clerk Review, a filer will receive notification from the Clerk that the submission has been accepted or rejected by the Clerk.
Page 15 | G. TIME, EFFECT AND PROCESS OF E-FILING
Sending a copy of a pleading by fax to the Court’s office does not itself constitute filing under this rule.
Faxing a copy of the pleading to the Court’s office does NOT constitute filing for purposes of this rule.
Page 19 | RULE 3.1 (FKA RULE 5) — FAX FILINGS
A judge or magistrate must rule on the objections within thirty days after the last objection is filed.
A judge or magistrate shall issue a ruling on the objections within thirty days from the date of the last objection filed.
Page 80 | Parenting Coordination Procedures
A party may file a complaint about the parenting coordinator within one year after the appointment ends.
A party to a case appointed to parenting coordination may file a complaint regarding the parenting coordinator within one year from the termination of the appointment.
Page 81 | Parenting coordinator complaints
The parenting coordinator must respond in writing to the Court within fourteen days after receiving the complaint.
The parenting coordinator has fourteen days from the date of the receipt of the complaint to respond in writing to the Court.
Page 81 | Parenting coordinator complaints
The Court must investigate the allegations and issue a response within thirty days after the complaint is filed.
The Court shall conduct an investigation into the allegations and shall issue a response within thirty days from the date the complaint was filed.
Page 81 | Parenting coordinator complaints
A hearing will be scheduled within 30 days after a request.
A hearing will be scheduled within 30 days of a request.
Page 84 | RULE 7.12 (NEW) — REGISTERING A FOREIGN DECREE/ORDER
The Clerk reviews electronically submitted data and documents for compliance before creating a docket entry or docketing the case.
The Clerk shall review the data and documents electronically submitted to ensure compliance with Court rules, policies, procedures, and practices before creating a docket entry or before docketing the case.
Page 11 | A. DEFINITION OF TERMS, 2. Clerk Review
Service and Proof of Service Rules
Registered Users consent to email as the default service method, except for Complaints.
A Registered User, by virtue of his/her/its registration with the CMS, expressly consents to service by email as the default method of service for all documents except Complaints.
Page 11 | A. DEFINITION OF TERMS, 9. Registered User
Parties must serve electronically filed pleadings and other listed documents in accordance with Ohio Civil Rule 5.
All pleadings (unless excluded herein), motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders, and other documents filed electronically with the Clerk shall be served by the parties to a case in accordance with Ohio Civil Rule 5.
Page 12 | A. DEFINITION OF TERMS, 10. Service of Documents
Unless the assigned Judge signs permission to defer service for a specific period, Instructions for Service accompanying the listed pleadings must state a Civ. R. 4 method, which the Clerk will process under the Ohio Rules of Civil Procedure.
Unless an attorney or party has obtained permission signed by the assigned Judge to defer service of summons for a specific period of time, the Instructions for Service filed with the original complaint or any counterclaim, cross claim or third party complaint shall indicate a method of service pursuant to Civ. R. 4. The Clerk shall issue a summons and process the method of service in accordance with the Ohio Rules of Civil Procedure.
Page 16 | H. SERVICE, 2. Complaint and Related Documents in Civil Cases
Proof of service must be made for all documents required or permitted to be served, in compliance with the cited civil and criminal rules.
Proof of service of all documents required or permitted to be served shall be made in compliance with Civ. R. 5(B)(2) and Crim. R. 49(C).
Page 16 | H. SERVICE, 3. Documents Filed Subsequent to Complaint or Indictment
The filer, not the Clerk, must serve all documents filed after the original complaint, including proposed orders, on all parties or their attorneys.
In accordance with Civ. R. 5(B)(2) and Crim. R. 49, the filer, not the Clerk, shall be responsible for serving all documents, including proposed orders, filed subsequent to the original complaint on all parties or their attorneys.
Page 16 | H. SERVICE, 3. Documents Filed Subsequent to Complaint or Indictment
The filing party must provide the Clerk of Courts with sufficient copies of documents to be served by the Clerk or Sheriff.
It shall be the responsibility of the filing party to provide the Clerk of Courts with sufficient copies of any pleading, motion or other document to be served by the Clerk or Sheriff.
Page 26 | SECTION IV. GENERAL RULES APPLICABLE TO ALL CASE TYPES
Once withdrawal is allowed, the Clerk must mail the judgment entry to the client and, if any, the opposing party or counsel.
Upon allowance of withdrawal by the Court, the Clerk of Courts shall serve a copy of the judgment entry on the client and the opposing party or counsel, if any, by regular U.S. mail.
Page 30 | RULE 4.5 (FKA RULE 9) — WITHDRAWAL OF COUNSEL
Counsel must serve the client with a copy of the application to withdraw.
The application to withdraw shall include a certification by counsel that the client has been informed of all scheduled hearing dates and/or filing deadlines, and that a copy of the application to withdraw was served on the client.
Page 30 | RULE 4.5 (FKA RULE 9) — WITHDRAWAL OF COUNSEL
The itemized attorney-fee statement must be exchanged with opposing counsel or a pro se party no later than 7 days before the fee hearing.
An itemized statement describing the services rendered, the time for such services, and the requested hourly rate for the in court time and out of court time shall be filed with the Court, and exchanged with opposing counsel or pro se party no later than seven (7) days before the hearing in which the fees requested will be adjudicated.
Page 31 | RULE 4.6 (FKA RULE 26) — ATTORNEY FEES
The plaintiff must have the Clerk deliver the complaint, but not a summons, to the Treasurer in the stated cases.
The Plaintiff, however, shall cause the Clerk to deliver a copy of the complaint but not a summons to the Treasurer in all cases in which the Treasurer is either not named as a party or named as a party but where the taxes are not contested or in dispute.
Page 41 | RULE 5.3 (FKA RULE 11), B.3
The plaintiff must serve the Prosecutor on the Treasurer’s behalf with the specified entries, whether or not the Treasurer is named as a party.
The Plaintiff shall serve the Ashtabula County Prosecutor on behalf of the Treasurer with a copy of the proposed confirmation entry, time-stamped final confirmation entry, and time-stamped dismissal entry whether or not the Treasurer is named as a party in the action.
Page 42 | RULE 5.3 (FKA RULE 11), B.4
If the title evidence identifies a necessary party who was not made a defendant, the attorney must proceed without delay to add that party and serve the complaint under the Ohio Rules of Civil Procedure.
Where the evidence of title indicates that a necessary party or parties have not been made defendants, the attorney for the party submitting the precipe for Order For Sale shall proceed without delay to cause such new parties to be added and serve a copy of the Complaint in accordance with the Ohio Rules of Civil Procedures.
Page 42 | RULE 5.3 (FKA RULE 11), C
Subpoenas must comply with Ohio Rule of Civil Procedure 45(B), and the server must file proof of service before the scheduled matter.
All subpoenas shall be served in compliance with Ohio Rule of Civil Procedure 45(B). Proof of service shall be filed with the Office of the Clerk of Court’s by whomever is serving the subpoena prior to the scheduled matter that an individual is subpoenaed to attend.
Page 44 | RULE 5.5 (NEW) — SUBPOENAS IN CIVIL CASES
Judgment entries must be served on the Prosecutor, the defendant at the defendant’s last known address, and the surety or other persons responsible on the bond, with regular mail specified for the defendant.
Judgment entries referred to in this rule shall be served upon the Prosecutor, and by regular mail upon the defendant at his last known address, and upon the surety and/or other persons responsible on the bond.
Page 51 | B. Forfeiture of Bail; Hearing; Remittance Procedures
The Clerk must provide the Prosecutor copies of the application and any hearing notices.
The Clerk shall provide the Prosecutor with copies of the Application and any notices of hearings.
Page 53 | E. General Provisions
Applications seeking remittance or release from bond responsibility must be served on the County Prosecutor.
All Applications must be served upon the County Prosecutor.
Page 53 | E. General Provisions
Subpoenas must be served under Ohio Rule of Criminal Procedure 17(D), and the server must file proof of service with the Clerk before the scheduled matter.
All subpoenas shall be served in compliance with Ohio Rule of Criminal Procedure 17(D). Proof of service shall be filed with the Office of the Clerk of Court’s by whomever is serving the subpoena prior to the scheduled matter that an individual is subpoenaed to attend.
Page 54 | RULE 6.4 (NEW) — SUBPOENAS IN CRIMINAL CASES
The Clerk of Court must serve the standard mutual restraining order on the parties or their counsel.
The standard mutual restraining order shall be served by the Clerk of Court on parties or their counsel.
Page 57 | RULE 7.2 (FKA RULE 16-A) TEMPORARY ORDERS
An objection to the assessor’s report must be served on opposing counsel at least seven days before the scheduled hearing to prevent admission of the report upon a party’s motion.
Unless an objection is filed with the Court and served on opposing counsel, not less than seven (7) days before the scheduled hearing, the report of the assessor shall be admitted into evidence upon motion of either party.
Page 61 | RULE 7.5 (FKA RULE 18)
A copy of the fee itemization must be filed with the Clerk and served on all attorneys and self-representing parties.
A copy of the itemization shall be filed with the Clerk of Court’s office and served on all attorneys and self-representing parties.
Page 72 | RULE 7.9 (FKA RULE 22) — GUARDIAN AD LITEM, B. APPOINTMENT AND REMOVAL
Litigants must copy the guardian ad litem on all pleadings, hearing and deposition notices, entries, and other necessary documents; expenses caused by a failure to notify are charged to the responsible party or parties.
It shall be the responsibility of the litigants in the case to copy the guardian ad litem with all pleadings, notices of hearings and depositions, entries, and any other necessary documents. Any additional expense incurred by the guardian ad litem as a result of counsel’s failure to notify, including the costs of transcripts, shall be charged to the party or parties responsible for such failure.
Page 73 | Domestic Relations
The guardian ad litem must make the written final report available to the parties seven days before the dispositional hearing.
Prepare a written and final report that complies with the requirements of Sup.R. 48(F), file it with the Court and make it available to the parties seven (7) days before the dispositional hearing; and,
Page 74 | C. RESPONSIBILITIES
If a party timely files objections, any other party may serve additional objections on all other parties no later than ten days after the first objections are filed.
If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten days after the first objections are filed.
Page 80 | Parenting Coordination Procedures
A party must serve all other parties with written objections within fourteen days of the decision’s filing date.
A party may file written objections to a parenting coordinator’s decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision.
Page 80 | Parenting Coordination Procedures
The Clerk must serve the Plaintiff with the class-completion order by ordinary mail.
The Clerk of Court shall further serve the Plaintiff with the same Order by ordinary mail.
Page 83 | RULE 7.11 (FKA RULE 23) — PARENT EDUCATION PROGRAM
In dissolution cases, the Clerk must serve both parties by regular mail with the class-completion order within seven days after the Petition is filed.
In dissolution cases, within seven (7) days of the filing of the Petition, the Clerk of Court shall, by regular mail, serve both parties with an order to complete the online Parent Education Class.
Page 83 | RULE 7.11 (FKA RULE 23) — PARENT EDUCATION PROGRAM
In divorce and legal-separation cases, the Clerk must serve the Defendant with the class-completion order along with service of the Complaint.
In divorce cases and legal separation cases, along with service of the Complaint, the Clerk of Court shall serve the Defendant with an order to complete the online Parent Education Class.
Page 83 | RULE 7.11 (FKA RULE 23) — PARENT EDUCATION PROGRAM
After an order or entry is signed and filed, the Clerk must serve copies.
After the order or entry has been signed and filed, the Clerk shall serve copies of all entries and orders.
Page 16 | H. SERVICE, 3. Documents Filed Subsequent to Complaint or Indictment
The fax-filing rule does not change the duty to serve pleadings on the opposing party or their attorney under the Ohio Rules of Criminal and Civil Procedure.
This rule does not alter any duty imposed upon a party or their attorney under the Ohio Rules of Criminal and Civil Procedure to serve a copy of all pleadings upon the opposing party or their attorney.
Page 19 | RULE 3.1 (FKA RULE 5) — FAX FILINGS
If no lead attorney is specifically designated, the first attorney listed is treated as the lead attorney for service purposes.
If a lead attorney is not specifically designated, the first attorney listed will be considered the lead attorney for the purposes of service.
Page 26 | SECTION IV. GENERAL RULES APPLICABLE TO ALL CASE TYPES
In foreclosure actions, the Treasurer need not answer or be served with later pleadings unless a party challenges the claimed taxes, assessments, or lien priority.
In all real property foreclosure actions, where the Ashtabula County Treasurer is named as a party defendant, the Treasurer need not file an answer to the complaint or any cross-claim, nor does the Treasurer need to be served with any answer or other pleading after the complaint, unless any party challenges the real estate taxes and/or assessments claimed by the Treasurer on the tax records either as to the amount or validity, or as to the priority as a first and best lien.
Page 41 | RULE 5.3 (FKA RULE 11), B.1
Certified-mail service is permitted only for out-of-county witnesses when it can be completed in time for the scheduled hearing, and proof of return of service must be filed before the hearing.
Service by certified mail shall only be permissible for out of county witnesses, to ease the burden on the process server, and if it can be completed in a timely manner that will comply with timing of a scheduled hearing, with proof of return of service being filed with the Clerk of Court’s prior to the scheduled hearing.
Page 44 | RULE 5.5 (NEW) — SUBPOENAS IN CIVIL CASES
Certified-mail service is permitted only for out-of-county witnesses when it eases the process server’s burden and can be completed in time for the hearing; proof of return must be filed before the hearing.
Service by certified mail shall only be permissible for out of county witnesses, to ease the burden on the process server, and if it can be completed in a timely manner that will comply with timing of a scheduled hearing, with proof of return of service being filed with the Clerk of Court’s prior to the scheduled hearing.
Page 54 | RULE 6.4 (NEW) — SUBPOENAS IN CRIMINAL CASES
The Court must provide the parenting coordinator with a copy of the complaint.
The Court shall provide a copy of the complaint to the parenting coordinator.
Page 81 | Parenting coordinator complaints
Notices posted pursuant to Civ.R. 4.4(A)(2) may be posted at the three designated public locations listed.
The three public places designated for the posting of notices pursuant to Civ.R. 4.4(A)(2) are: 1. Ashtabula County Department of Human Services located at 2924 Donahoe Drive Ashtabula, Ohio 44004 2. The Country Neighbor Office located at 39 South Maple Street Orwell Ohio 44034 3. Ashtabula County Court of Common Pleas located at 25 W. Jefferson Street, Jefferson, Ohio 44047.
Page 101 | RULE 10.2 (FKA RULE 41) — PUBLIC POSTING OF NOTICES
The certificate records that a copy of the request was mailed by ordinary U.S. mail to the listed recipient.
I certify that I mailed a copy of the Request for Hearing to Contest Registration of Foreign Parenting Order by ordinary U.S. mail on __________________________________________ on ______________, 20___ to:
Page 110 | CERTIFICATE OF SERVICE
Filing Fees and Waivers
An electronically filed document requiring a fee will be rejected unless the filer follows the Court’s fee-payment mechanism.
Any document filed electronically that requires a filing fee shall be rejected by the clerk of court unless the filer has complied with the mechanism established by the Court for the payment of filing fees in accordance with Civ. R. 5(E)(3).
Page 17 | SECTION III. FILING PROCEDURES, COSTS AND FILE MANAGEMENT
The e-File system accepts electronic payment of deposits and fees and can accommodate an affidavit of indigence instead.
e-File system accepts payment of deposits and fees electronically. Alternatively, the e-File system can accommodate the filing of an affidavit of indigence.
Page 17 | SECTION III. FILING PROCEDURES, COSTS AND FILE MANAGEMENT
The person filing a document by fax must pay a fee of $1.00 per page.
A fee of $1.00 per page shall be charged to the person who causes a document to be filed with the Court by means of a fax.
Page 19 | RULE 3.1 (FKA RULE 5) — FAX FILINGS
A party demanding a jury in a civil action must deposit $500 no later than four weeks before the original scheduled trial date, or the jury is waived; a party who filed the specified affidavit of indigency need not deposit the money.
Any party making a jury demand in a civil action before this court shall deposit the sum of $500 with the Clerk of Courts no later than four (4) weeks before the original trial date set in the case schedule. Failure to timely pay the $500 jury deposit fee shall conclusively constitute a waiver of the jury. Notwithstanding the foregoing, any party that has filed an affidavit of indigency pursuant to Subsection (C)(1) is not required to make a monetary deposit under this subsection.
Page 20 | RULE 3.2 (FKA RULE 32) — FILING FEES AND COURT COST DEPOSITS
The Clerk will not accept a document without the correct deposit unless an inability-to-pay affidavit is filed, the party is exempt, or the proceeding is filed by the County Prosecutor or Bureau of Support; a private attorney filing the affidavit must also certify that no retainer was received.
The Clerk shall not accept any document for filing unless the correct deposit is made unless: 1. An affidavit of inability to pay in such form as prescribed by the Court is filed as provided in Ohio Revised Code §2323.31. In any case in which a private attorney files an affidavit of inability to pay, the attorney shall also submit an affidavit certifying that he or she has not received any retainer fee for undertaking the case. 2. The party filing such document is exempt from such requirement by law or this Rule. 3. No deposit for costs shall be required in proceedings filed by the County Prosecutor or Bureau of Support.
Page 20 | RULE 3.2 (FKA RULE 32) — FILING FEES AND COURT COST DEPOSITS
A party demanding a jury view in a civil action must deposit $750 no later than four weeks before the original scheduled trial date, or the jury view is waived; a party who filed the specified affidavit of indigency need not deposit the money.
Any party making a demand for a jury view in a civil action before this court shall deposit the sum of $750 with the Clerk of Courts no later than four (4) weeks before the original trial date set in the case schedule. The failure to timely pay the $750 jury view fee shall conclusively constitute a waiver of a jury view. Notwithstanding the foregoing, any party that has filed an affidavit of indigency pursuant to Subsection (C)(1) is not required to make a monetary deposit under this subsection.
Page 20 | RULE 3.2 (FKA RULE 32) — FILING FEES AND COURT COST DEPOSITS
Filing fees and deposits must be paid when the document is filed.
All filing fees and deposits shall be paid at the time of filing.
Page 20 | RULE 3.2 (FKA RULE 32) — FILING FEES AND COURT COST DEPOSITS
A complaint will not be accepted if the filer owes previously incurred costs, unless the Court waives those costs because of indigency.
No Complaint will be accepted for filing by the Clerk where the party seeking the filing of said action has failed to pay costs previously incurred unless costs are waived by the Court due to indigency of the party.
Page 21 | RULE 3.3 (FKA RULE 33) — STATEMENT FOR COSTS AND EXECUTION FOR COSTS
A $150 fee is assessed as court costs on cases filed with the Court when they are referred to the MCMS office.
A fee of one hundred and fifty dollars ($150) shall be assessed on all cases filed with the Court upon referral to the MCMS office as court costs.
Page 88 | D. Mediation Fees
A document requiring a filing deposit or fee must be paid in the same manner as any other document.
Any document requiring payment of a filing deposit or fee to the Clerk in order to achieve valid filing status shall be paid in the same manner as any other document.
Page 16 | J. COLLECTION OF FILING DEPOSIT AND FEES
Filing fees and costs are set by the Filing Fee and Costs Schedule maintained by the Clerk of Courts.
Filing fees and costs in the Court of Common Pleas shall be as set forth in the Filing Fee and Costs Schedule maintained by the Clerk of Courts.
Page 20 | RULE 3.2 (FKA RULE 32) — FILING FEES AND COURT COST DEPOSITS
An additional fee is assessed when a case is mediated again.
In the event the case is re-mediated, an additional fee shall be assessed.
Page 90 | RULE 8.2 (FKA RULE 25) — CIVIL AND CRIMINAL MEDIATION; B. Mediation Fees
An additional mediation fee is assessed if a foreclosure case is mediated again after returning to the active docket.
In the event that case is again mediated, an additional mediation fee shall be assessed.
Page 90 | RULE 8.2 (FKA RULE 25) — CIVIL AND CRIMINAL MEDIATION; B. Mediation Fees
The mediation fee is assessed for a rescheduling or cancellation request made less than five business days before the session, except in an emergency.
In the event there is a request to reschedule or cancel a mediation session for any reason, except in the case of emergency, this fee shall be assessed when that request is made less than five (5) business days prior to the scheduled mediation session.
Page 90 | RULE 8.2 (FKA RULE 25) — CIVIL AND CRIMINAL MEDIATION; B. Mediation Fees
Mediated cases incur court costs of $150 for up to three parties and $200 for more than three parties.
A fee of one hundred fifty dollars ($150) for up to and including three (3) parties and two hundred dollars ($200) for more than three (3) parties shall be assessed as court costs on all mediated cases.
Page 90 | RULE 8.2 (FKA RULE 25) — CIVIL AND CRIMINAL MEDIATION; B. Mediation Fees
Copies of audio recordings cost $5.00 per CD, payable to the Clerk of Courts.
Any person may request an electronic copy of the audio record of proceedings, or a portion thereof by submitting a request to the Court Reporter. A fee of $5.00 per CD shall be paid to the Clerk of Courts for copies of the audio record.
Page 95 | SECTION IX. COURT RECORDING AND REPORTING
Transcription preparation costs are billed to the ordering party or persons and other recipients according to the fee schedule on file with the Clerk of Courts.
The costs for preparing the transcription will be billed to the party and/or persons ordering the transcription and other recipients of the transcription in accordance with the fee schedule which is on file with the Clerk of Courts.
Page 95 | SECTION IX. COURT RECORDING AND REPORTING
Expedited transcripts cost $5.00 per page and are expedited within 72 hours depending on length and requested delivery date.
$5.00 per page for Expedited Transcripts (Expedited to be within 72 hours, depending on length and requested delivery date).
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
The party for whose benefit a transcript is made must pay the compensation forthwith.
Such compensation shall be paid forthwith by the party for whose benefit a transcript is made.
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
A purchased real-time feed adds $1.00 per page, and an original should always be ordered with it.
($1.00 additional per page; an Original should ALWAYS be ordered with a Purchased Real-time Feed.)
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
One transcript copy for a nonparty, including a codefendant, costs $1.00 per page.
$1.00 per page for One Copy to someone who is not a party to the case (This includes co- defendants).
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
Official Court Reporters provide hard copies at the $0.25-per-page public-records rate currently charged by the Clerk of Courts Office.
$0.25 per page “at cost” rate for Official Court Reporters to provide hard copies (Public records rate currently charged in our Clerk of Courts Office).
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
Real-time feed with daily copy delivery costs $7.25 per page.
Real-time & Daily Copy Delivery = $7.25 per page
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
One original transcript costs $4.00 per page.
$4.00 per page for One Original.
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
Real-time feed with expedited delivery costs $6.25 per page.
Real-time & Expedited Delivery = $6.25 per page
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
Real-time feed with regular delivery costs $5.25 per page.
Real-time & Regular Delivery = $5.25 per page
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
The County Treasury pays for the specified criminal, court-ordered, and judge-requested transcripts and copies, which are taxed and collected as costs.
Transcripts requested by the prosecuting attorney or an indigent defendant in criminal cases or by the trial judge in either civil or criminal cases, and for copies of decisions and charges furnished by direction of the Court shall be paid from the County Treasury and taxed and collected as costs.
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
Half of the estimated transcript cost is due in advance to the Official Court Reporter, with the balance due upon delivery.
One-half (½) of such estimate shall be paid in advance to the Official Court Reporter with the balance due upon delivery of the transcript.
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
Daily copy transcripts cost $6.50 per page, depending on length.
$6.50 per page for Daily Copy (depending on length).
Page 96 | RULE 9.2 (FKA RULE 29) — TRANSCRIPTS
Courtesy Copy Requirements
In criminal cases, counsel and parties must email courtesy copies of pleadings, motions, memoranda, and memoranda contra upon filing, except for matters excluded by the order.
It is accordingly ORDERED, effective immediately, that all counsel and parties in matters assigned to or subsequently assigned to each of the respective Common Pleas General Division Judges and Magistrates shall, upon filing with the Clerk of Courts, provide courtesy copies of all pleadings, motions, and memoranda to the Court in the following manner: a. In criminal cases, pleadings, motions, memoranda and memoranda contra shall be emailed to: For Judge Thomas E. Harris and Magistrate Benjamin R. Marley HarrisCourt@ashtabulacounty.gov For Judge David A. Schroeder and Magistrate Christopher M. Marinko SchroederCourt@ashtabulacounty.gov For Judge Marianne Sezon and Magistrate Dean F. Topalof SezonCriminal@ashtabulacounty.gov
Page 1 | a. In criminal cases
In domestic relations cases and miscellaneous docket matters, counsel and parties must email courtesy copies of pleadings, motions, memoranda, and memoranda contra upon filing, except for matters excluded by the order.
It is accordingly ORDERED, effective immediately, that all counsel and parties in matters assigned to or subsequently assigned to each of the respective Common Pleas General Division Judges and Magistrates shall, upon filing with the Clerk of Courts, provide courtesy copies of all pleadings, motions, and memoranda to the Court in the following manner: c. In domestic relations cases, and miscellaneous docket matters, pleadings, motions, memoranda and memoranda contra shall be emailed to: For Judge Thomas E. Harris and Magistrate Benjamin R. Marley HarrisCourt@ashtabulacounty.gov For Judge David A. Schroeder and Magistrate Christopher M. Marinko SchroederCourt@ashtabulacounty.gov For Judge Marianne Sezon and Magistrate Dean F. Topalof SezonDR@ashtabulacounty.gov For Magistrate Edith M. Jonas DRCourt@ashtabulacounty.gov
Page 1 | c. In domestic relations cases, and miscellaneous docket matters
In civil cases and miscellaneous docket matters, counsel and parties must email courtesy copies of pleadings, motions, memoranda, and memoranda contra upon filing, except for matters excluded by the order.
It is accordingly ORDERED, effective immediately, that all counsel and parties in matters assigned to or subsequently assigned to each of the respective Common Pleas General Division Judges and Magistrates shall, upon filing with the Clerk of Courts, provide courtesy copies of all pleadings, motions, and memoranda to the Court in the following manner: b. In civil cases, and miscellaneous docket matters, pleadings, motions, memoranda and memoranda contra shall be emailed to: For Judge Thomas E. Harris and Magistrate Benjamin R. Marley HarrisCourt@ashtabulacounty.gov For Judge David A. Schroeder and Magistrate Christopher M. Marinko SchroederCourt@ashtabulacounty.gov For Judge Marianne Sezon and Magistrate Dean F. Topalof SezonCivil@ashtabulacounty.gov
Page 1 | b. In civil cases, and miscellaneous docket matters
A courtesy copy must be provided to the Court for every filed motion.
A courtesy copy of any motion filed shall be provided to the Court.
Page 38 | RULE 5.1 (FKA RULE 6) — CASE MANAGEMENT: CIVIL CASES, B. MOTIONS
Sealing & Redaction Procedures
Documents containing sensitive personal information must be maintained in a separate non-public file by the Clerk of Courts.
A. Documents filed in any case containing sensitive personal information shall be kept in a “non-public file,” separate from the public case file otherwise maintained by the Clerk of Courts. The non-public file shall be maintained by the Clerk of Courts in such manner and in such location as the Clerk deems appropriate.
Page 23 | RULE 3.5 (FKA RULE 37) NON-PUBLIC FILE
On a party’s motion or the Court’s own motion, other documents containing sensitive personal information may be ordered into the non-public file.
C. Upon the motion of any party or upon the Court’s own motion, other documents containing sensitive personal information may be ordered to be maintained in the non-public file.
Page 23 | RULE 3.5 (FKA RULE 37) NON-PUBLIC FILE
The Court may order documents filed under seal by the Clerk of Courts, and those documents are inaccessible without Court permission.
F. Notwithstanding the provisions of this rule, the Court may order certain documents to be filed under seal by the Clerk of Courts. Said documents would not be accessible to any person without permission of the Court.
Page 23 | RULE 3.5 (FKA RULE 37) NON-PUBLIC FILE
Filing Bundling Requirements
Each fax transmission must concern only one case and contain only one filing.
A transmitted document must not be longer than ten (10) pages, not including the cover page, and must pertain to only one case. Each filing must be made by a separate transmission.
Page 19 | RULE 3.1 (FKA RULE 5) — FAX FILINGS
Adjournment & Extension Requirements
Counsel may agree to one extension of up to 30 days without leave of Court if written consent signed by counsel for each party is filed with the Clerk; otherwise, or for more than 30 days, a party may move for additional time and must state the number of prior extensions obtained.
A. All counsel may agree to grant a party one (1) extension of time to move or plead, not exceeding thirty (30) days, without leave of Court. Such consent shall be filed with the Clerk, in writing, signed by counsel for each party. B. If the parties or counsel cannot agree to the first extension of time or if an extension of time beyond thirty (30) days is desired, a party may move the Court for such additional time which shall be fixed by the Court. Each such motion shall state therein the number of prior extensions of time obtained by the moving party.
Page 27 | RULE 4.2 (FKA RULE 4) PLEADING OUT OF RULE
A continuance request must be submitted to the assigned Judge at least 14 days before the trial or hearing, absent an emergency or other Court-sufficient cause, and must be made by motion with a proposed order and the specified supporting information.
Requests for continuance shall be submitted to the Judge assigned to the case at least fourteen (14) days prior to the trial or hearing date, absent emergency or other cause deemed sufficient by the Court. Requests for continuance shall be by motion and a proposed judgment entry/order shall be attached. The motion shall include: A. The reason for the request. B. Supporting Documentation of the reason for the request, e.g., conflicting hearing notice, flight schedule, medical documentation, etc. If the party does not have documentation, they may attach an affidavit or other supporting documentation and counsel’s personal verification. C. The time and date of the current assignment. D. A statement that all other parties have been contacted regarding the continuance and noting whether there is an objection or agreement to the continuance.
Page 28 | RULE 4.3 (NEW – FKA PART OF RULE 6) CONTINUANCES
A party seeking a trial continuance or material witness warrant because a witness is unavailable must properly serve the subpoena or make good-faith efforts to serve it and file a written motion before the request.
The courts will not continue a trial or issue a material witness warrant due to the unavailability of any witness unless the party that is requesting the continuance or warrant has properly served, or made good-faith efforts to serve, the subpoena in accordance with Ohio Rule of Civil Procedure 45(B), and has filed a written motion with the Court prior to the request.
Page 44 | RULE 5.5 (NEW) — SUBPOENAS IN CIVIL CASES
A trial will not be continued, and a material witness warrant will not issue, for an unavailable witness unless the requesting party properly served or made good-faith efforts to serve the subpoena and filed a written motion before the request.
The courts will not continue a trial or issue a material witness warrant due to the unavailability of any witness unless the party that is requesting the continuance or warrant has properly served, or made good-faith efforts to serve, the subpoena in accordance with Ohio Rule of Criminal Procedure 17(D), and has filed a written motion with the Court prior to the request.
Page 54 | RULE 6.4 (NEW) — SUBPOENAS IN CRIMINAL CASES
If a case has been set for trial, filing a responsive pleading under this rule is not a reason to continue the trial unless the Court orders otherwise.
C. If the case has been set for trial, the filing of any responsive pleading - under this rule shall not be a reason for continuance of trial unless otherwise ordered by the Court.
Page 27 | RULE 4.2 (FKA RULE 4) PLEADING OUT OF RULE
Chambers Communication Rules
Courtesy-copy emails must not contain communications to the Court, and the listed email addresses must not be used to communicate with the Court.
In all circumstances: 1. The emails shall not include any communication to the Court; 2. The email addresses set forth above shall not be used to communicate with the Court;
Page 2 | In all circumstances