Defiance County Court of Common Pleas, General Division
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Final Appealable Order
Pleadings, Motions, Other Papers
Receivership Plan, Progress Report
Adjournments
- A continuance must include a new fixed date assigned at the same time.
- A continuance application must state the reason and current assignment date, address notice to the client and opposing party or unrepresented party, and propose an approved new date within 60 days if granted.
- A continuance request based on a conflicting trial assignment must attach a copy of that conflicting assignment.
- +5 more
Request must include
- Continuance applications must be submitted at least 14 days before the affected event, unless an emergency or other sufficient cause exists.
Communication
Phone
Page & Word Limits1 rule
The GAL shall provide a one page written summary to the Court at least five (5) days prior to the GAL pre-trial conference.
- Page limit
- Up to 1 page
Document Format Requirements6 rules
All papers shall have a blank space of at least two and one-half (2½) inches at the top of the first page for file marks by the Clerk. All subsequent pages shall have a top margin of not less than one (1) inch.
- Margins
- Top 1 inch
In addition to the requirements of Civ. R. 10, all papers filed with the Clerk as pleadings, motions, applications, judgments and orders shall be on 8½ by 11 inch white paper, typewritten, or printed in a neat and legible manner, securely fastened together and page numbered if consisting of more than a single sheet.
- Paper size
- Letter
- Binding
- Securely bound
- Pleadings
- Motions
- Applications
- Judgments
- Orders
Formatting
- •White paper
- •Securely fastened together
Following the last page of the DOPO, Counsel or self-represented party shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Division of Property Order has been qualified with the Clerk of Courts.
Said application, motion, and judgment entry shall be submitted to the Clerk of Courts in triplicate with each bearing original signatures. Copies shall be provided to the Clerk if the attorney desires file stamped copies.
- Attorney fee application
- Fee motion
- Judgment entry
Formatting
- •Submit each document to the Clerk of Courts in triplicate
- •Each copy must bear original signatures
The GAL report's NOTICE cover sheet must present the prescribed language in bold print using a font size of at least 22 points.
- Font size
- At least 22 points
Formatting
- •The cover sheet must be entitled NOTICE
Court's wording
In addition, the Guardian ad Litem, when providing the report to unrepresented parties and legal counsel of record shall attach a cover sheet entitled NOTICE which sets out the language required above in bold print in 22-point font or larger.
The notice to the plan administrator must be printed in bold after the last page of the qualified domestic relations order.
Court's wording
Following the last page of the QDRO, Counsel or self-represented party shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Qualified Domestic Relations Order has been qualified with the Clerk of Courts.
Document Filing Requirements95 rules
The first page of each filed paper must identify the parties, case number, judge, filing, and the filing counsel’s or party’s contact and registration information.
- Document
- Paper
- Placement
- First page
Must include
- •Judge name
- •Case number
Court's wording
Each paper filed by each party shall designate on the first page thereof the parties, the case number, the name of the judge, the identification of the filing, the name, address, Ohio Supreme Court registration number, telephone number, fax number and e-mail address, if any, of the counsel filing the paper or if there is no counsel, then the party filing the paper.
A pleading with an endorsed jury demand must include "Jury demand endorsed hereon" in its caption, but omission does not waive a jury demand stated in the pleading's body.
- Document
- Pleading
- Placement
- Caption
Must include
- •Jury demand endorsed hereon
Court's wording
If a jury demand, pursuant to Rule 38 of the Ohio Civil Rules of Procedure, is endorsed upon a pleading, the caption of the pleading shall state, "Jury demand endorsed hereon". Failure to comply with Ohio Civil Rule 38 shall result in the case being tried to the Court and failure to include this statement on the caption shall be a waiver of jury trial, unless the demand for jury is contained in the body of the pleading.
The filing of video deposition shall conform to Sup.R. 13, and in addition, a typed certified copy of the transcript and a list of objections shall be filed along with the video deposition.
All Magistrate's decisions and all orders of the Magistrates and Judges shall have the name of the respective Magistrate or Judge printed or typed below their respective signature line.
- Document
- Magistrate decisions and orders
- Placement
- Signature block
All motions shall be accompanied by a proposed order which shall include the new date.
- Document
- Continuance motion
Must include
- •Proposed order
1. All documents and exhibits must be marked for identification purposes and shared with opposing counsel at least seven (7) days prior to trial. Failure to do so may result in said documents and exhibits not being admitted into evidence.
2. Plaintiff's exhibits are to be marked with Arabic numerals; Defendant's exhibits to be marked with letters; and stipulated joint exhibits to be marked with Roman numerals.
Counsel must provide a complete exhibit list to opposing counsel and the court at least seven days before trial, provide any updated list before trial begins, and furnish a copy to the court reporter when one is present.
- Document
- Trial exhibits
Must include
- •Exhibit list
Court's wording
4. Counsel shall also provide opposing counsel and the Court a full and complete Exhibit List of all proposed trial exhibits, including their proper identification, at least seven (7) days prior to trial. Additionally, an updated list, if any, shall be presented to the opposing counsel and the Court prior to the start of trial. In the event that there is a Court reporter, a copy of said exhibit list shall be provided to the Court reporter.
3. Exhibit stickers shall also be marked with the case number and the date (if a trial is to be conducted over a period of consecutive days it may be dated with the first date of trial).
D. All motions must be accompanied by a separate proposed Order.
- Document
- Motion
Must include
- •Proposed order
A. Each motion must be submitted by separate pleading with representations of fact to support the motion and a memorandum of law containing citations to authority in support of the motion.
C. If the motion is one to continue a matter, to vacate a hearing or trial, or a similar motion where citations are not necessary, the memorandum must contain representations of fact verified by the attorney or an affidavit in support of the motion. (See also, Local Rule 4.01(C)).
B. Copies of briefs and memoranda provided for the Court and for all parties shall have attached thereto a copy of all unreported cases, or other references cited or referred to, and counsel may highlight on all copies what they want the Court to review.
A domestic-relations contempt motion alleging nonpayment of medical or health-care bills must include the completed Explanation of Health Care Bills form, with supporting documentation presented at the motion hearing.
- Document
- Motion to show cause
Must include
- •Explanation of Health Care Bills
Court's wording
All motions to show cause/contempt of Court in domestic relations cases alleging non-payment of medical/health care bills shall include the Form titled "Explanation of Health Care Bills" (Appendix G, Form 4) as approved by the Supreme Court of Ohio, Uniform DR forms. This form shall be completed and filed with the motion. The supporting documentation shall be presented at the motion hearing.
H. All motions to show cause/contempt of Court shall state the date of the prior Court order(s) and the specific provision(s) of the prior Court order(s) that are alleged to be violated.
G. When a party files a motion to amend a pleading, he shall provide the Court with a proposed judgment entry which shall have attached thereto the proposed amended pleading. If the motion is granted, the amended pleading shall be filed with the Clerk by the Court.
Motions to show cause/contempt of Court in domestic relations cases shall include an affidavit by the party alleging the contempt, with specificity as to the violations of the Court order.
I HEREBY CERTIFY THAT THE FOREGOING ENTRY OR ORDER WAS (MAILED, DELIVERED, OR FAXED) TO ____________, COUNSEL FOR PLAINTIFF/ DEFENDANT, ON THE ____________ DAY OF ____________, 20__ AND HAS NOT BEEN RETURNED, REVISED NOR OBJECTED TO.
Judgment entries and orders of dismissal by compromise prepared by counsel shall be approved by all counsel of record, and submitted to the Court within twenty-eight (28) days after notice to the Court of settlement or as otherwise agreed by the Court.
All judgment entries incorporating a separation and property settlement agreement or shared parenting plan shall have attached thereto a copy of the separation and property settlement agreement or shared parenting plan.
The Court shall include the vehicle identification number (VIN), year, make and model in every order directing the issuance of title to a motor vehicle.
Judgment entries in all actions involving title to real property shall include a legal description of the property in question. Said legal description shall be certified by the appropriate county official as being accurate.
Counsel shall further submit a notice of filing of the settlement memorandum with the Clerk of Courts.
Trial counsel shall be required to submit a written settlement memorandum to the Court ten (10) days prior to the settlement pretrial conference.
In all cases, the original note shall be presented for cancellation by the Court, or its absence adequately explained.
A complaint for a cognovit judgment must contain or be accompanied by an affidavit stating the maker's county of residence, execution of the warrant of attorney in that county, and that the instrument is not from a consumer loan or consumer transaction.
Court's wording
When a complaint is presented to the Court for the rendering of a cognovit judgment, it shall contain or be accompanied by an affidavit to the effect: 1. That the maker of the cognovit note now resides in the county in which the action is brought; 2. That the maker, or any one of several makers, of the cognovit note signed the warrant of attorney in the county in which the action is brought; 3. That the instrument does not arise out of a consumer loan or a consumer transaction. (ORC Section 2323.13(E)).
The attorney who represents the judgment creditor shall include in the complaint a statement setting forth to the best of his knowledge the last known address of the defendant or defendants.
The attorney must file and serve a "Notice of Limited Appearance" that clearly describes the scope of the limited appearance and states that the limitation has been authorized by the client.
As provided by Civ.R. 3(B), an attorney's limited appearance may be terminated by filing and service of a "Notice of Completion of Limited Appearance."
In quiet-title, partition, and real-property lien foreclosure cases other than delinquent real estate tax foreclosures, plaintiff’s counsel must file a current title report or statement of owners and lienholders with the original complaint or petition.
Court's wording
In cases to quiet title, for partition, and for the marshalling and foreclosure of liens on real property, (other than delinquent real estate tax foreclosure actions) counsel for plaintiff must file the following with the Clerk at the time of the filing of the original complaint or petition: 1. A statement of owners and lienholders or a preliminary judicial report, including the names of the owners of the property, and a reference to the volume and page and date of recording of the next preceding recorded instrument by or through which the owners claim title, as the same shall have been prepared and extended by a responsible title company to a date not over thirty (30) days prior to the filing of the complaint, the costs of which are taxed as costs;
After all the defendants have been served with complaint, counsel for the plaintiff shall obtain and file an updated title report establishing all lienholders have been made parties and served with the complaint.
Counsel has filed a written declaration to the Court that all lien holders of record have been notified of the application for order of sale;
The proposed order of sale contains a legal description certified by the appropriate county official as being accurate.
The initial receivership plan shall identify:
At the outset of the receivership, or as soon thereafter as information becomes reasonably available, the court shall be provided with a written plan for the receivership. The plan shall, thereafter, be updated as significant developments warrant, or as part of ongoing periodic reporting to the court.
B. The proponent submitting the foreign judgment must provide a judgment entry with original certifications of authenticity from the foreign jurisdiction.
Such disclosure shall be made at the time of submission by way of a written certification attached to the document or evidence. The certification shall identify the type of AI Technology used and affirm that the attorney or party has conducted a final review, approved the AI-Assisted Material, and is aware of and in compliance with this Local Rule.
- Document
- AI disclosure certification
Must include
- •AI disclosure
Attorneys and parties shall disclose the use of AI Technology or AI-Assisted Material in the creation or editing of any document or evidence submitted to the Court or filed with the Clerk. The disclosure shall include a description of the AI Technology utilized
- Document
- Document or evidence
Must include
- •AI disclosure
A DR 3 Parenting Proceeding Affidavit and IV-D Application for Child Support Services must be filed with any complaint or pleading requesting allocation of parental rights and responsibilities for minor children.
Court's wording
In all cases in which allocation of parental rights for minor child(ren) may be involved, a DR 3 form (Parenting Proceeding Affidavit) and IV-D Application for Child Support Services (Schedule E) shall be filed at the time of the complaint or any other pleading requesting the allocation of parental rights and responsibilities for minor child(ren). No case involving the allocation of parental rights and responsibilities for minor child(ren) may be filed without a DR-3 form and a IV-D Application.
Dissolution cases require a petition for dissolution, separation agreement, waiver of entry of appearance and service of summons, and signed DR-1 and DR-2 affidavits; cases involving minor children also require specified child-support and parenting forms.
Court's wording
In all actions for dissolution, the parties shall file a petition for dissolution, separation agreement and a waiver of entry of appearance and service of summons. Completed DR-1 (Affidavit of Income and Expenses) and DR-2 (Affidavit of Property) forms signed by both parties shall be filed in all dissolutions. If there are minor children, the parties shall file Child Support Guidelines, IV-D Application for Child Support Services, DR-3 (Parenting Proceeding Affidavit) and DR-4 (Health Insurance Affidavit).
The responding party shall file a DR-1 form with his or her answer, response, objections to ex parte orders, counterclaims or counter-motions.
If the responding party does not file a response, (s)he must file a DR-1 form at least ten (10) days prior to a hearing on temporary
In all actions for divorce, annulment and legal separation, the party bringing the action shall file their DR-1 and DR-2 forms with their complaint. If there are minor children, Plaintiff shall also file a IV-D Application for Child Support Services, DR-3 and DR-4 forms. Within time allotted for response, the responding party shall also file the applicable DR forms.
Every ex parte order must advise the opposing party of the right to request a hearing and include the specified bold-print language.
Court's wording
All ex parte orders shall advise the opposing party of the right to request a hearing and shall contain the following language in bold print: The Court has made this order solely upon the evidence provided by ________. You may request a hearing on this matter. You have the right to counsel and should have counsel present with you at any hearing. This is a temporary order and the Court will review all the evidence of the parties at any requested hearing.
Unless a stated exception applies, every order establishing or modifying child support must contain the specified statutory language concerning continued support through high school.
Court's wording
All orders establishing or modifying a child support order shall contain the following language: Pursuant to Ohio Revised Code §3119.86, this child support order will remain in effect beyond the age of eighteen (18) as long as the child continuously attends any recognized and accredited high school on a full time basis. Support will continue during seasonal vacations until the order terminates. Nevertheless, no current obligation for support will remain in effect beyond the child's attainment of the age of nineteen (19) subject to the continuing jurisdiction of the Court. In the event the child is not attending an accredited high school, support will terminate upon the child's eighteenth (18th) birthday.
C. All Orders establishing or modifying a child support order shall contain the following information, as required by Ohio Statute which requirements may change periodically.
D. A copy of the worksheet shall be attached to all orders establishing or modifying a support obligation, including temporary orders.
When the court adopts an administrative child-support modification, the effective date is the date stated in the administrative determination unless the court orders otherwise.
Court's wording
E. All Court orders modifying a child support obligation shall be effective the date of the filing of the motion to modify, unless otherwise agreed to by the parties or otherwise ordered by the Court. In cases in which an administrative modification is adopted by the Court, unless otherwise ordered, the effective date shall be as set forth in the administrative determination.
E. All Court orders modifying a child support obligation shall be effective the date of the filing of the motion to modify, unless otherwise agreed to by the parties or otherwise ordered by the Court.
F. All final orders shall state whether any arrears accruing from temporary orders for support shall be carried forward. Failure to specifically reserve the carryover of arrears shall result in those arrears being waived.
G. All orders establishing or modifying a child support obligation shall contain a certificate of service certifying that a file-stamped copy of the judgment entry has been provided to the county Child Support Enforcement Agency.
- Document
- Child support order
- Placement
- Certificate section
Must include
- •Certificate of service
Every support order must determine the person or persons responsible for the children's health care and include an appropriate health-insurance order; if this information is not stated in substantially similar form in the order body, Schedules C and D must be completed and included, and Medicaid alone cannot satisfy the requirement.
- Document
- Support order
- Placement
- Body of the document
Court's wording
In accordance with Ohio Revised Code 3119.30, every support order shall include a determination of the person or persons responsible for health care of children, to include an appropriate order for provision and maintenance of health insurance for the minor child(ren) of the parties. No court order shall specify the provision of Medicaid by either party as satisfying this requirement. If not contained in the body of the support order in substantially similar form, schedules C and D shall be completed and included in every support order issued by the Court.
The requirement that the Guardian ad litem report, when issued shall contain the following language in bold print:
When the Court appoints a Guardian ad Litem, it must issue an appointment order substantially following the prescribed Court Order #2 form and including the required items.
Court's wording
An order of appointment shall be issued when a Guardian ad Litem is appointed by the Court, as provided in the form attached to these Rules as "Court Order #2," issued pursuant to Rule 48.02(A) of the Ohio Rules of Superintendence, which shall include, but not be limited to, the items set in Sup.R. 48.02(A) and the following:
Each report shall contain the language referred to above in paragraph (C)(2) of this rule in the body of the report.
- Document
- Guardian ad litem report
- Placement
- Body of the document
All judgment entries shall be submitted to the Guardian ad Litem for approval.
When ordering parenting coordination, the court must issue an appointment order containing specified information about the parenting coordinator, appointment terms, responsibilities, procedures, and party contact requirements.
Court's wording
When ordering parenting coordination, the court or division shall issue an appointment order that does all of the following: a) Includes the name and contact information of the parenting coordinator and outlines the definition and purpose of the parenting coordinator; b) Specifies the scope of authority of the parenting coordinator; c) Sets forth the term of the appointment; d) Allocates the responsibility for fees and expenses related to parenting coordination; e) Addresses procedures for decision-making of the parenting coordinator; f) Addresses procedures for objections to parenting coordinator decisions; g) Addresses other provisions as the court considers necessary and appropriate; h) Orders the parties to contact the parenting coordinator within the time period specified by the court.
1. The QDRO will be a separate interest QDRO, meaning the alternate payee's benefits shall be independent of those of the participant;
2. The division of benefits shall be based on the language of the case of Hoyt v. Hoyt, 53 Ohio St. 3d 177 (1999), and its progeny;
4. The alternate payee will be deemed to be the surviving spouse of the participant to the extent of benefits assigned for the purpose of a preretirement survivor annuity;
5. The division of the benefits will be made as of the date of final hearing of dissolution or as of the date upon which the final hearing of divorce concludes.
The QDRO must assign all temporary and supplemental benefits, including early retirement subsidies, to the alternate payee and recalculate the alternate payee's benefits if they begin before the participant retires.
Court's wording
3. The benefits assigned to the alternate payee shall include any and all temporary and supplemental benefits. Further, the benefits, as assigned to the alternate payee, shall include all early retirement subsidies and, should the alternate payee commence receipt of the benefits prior to participant's retirement, the alternate payee's benefits will be recalculated to reflect the subsidy;
A bold notice must follow the last page of the qualified domestic relations order and require the plan administrator to report qualification to the clerk.
Court's wording
Following the last page of the QDRO, Counsel or self-represented party shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Qualified Domestic Relations Order has been qualified with the Clerk of Courts.
Filing & Service rules
Electronic Filing Rules
An e-filer must create an account with the Clerk-selected online payment agent.
The e-filer is required to create an account with an on-line payment agent determined by the Clerk of Courts.
Page 12 | F. E-FILING WITH CLERK OF COURTS
A person filing documents electronically must first register as an e-filer with the Clerk of Courts.
Persons filing documents electronically must become registered e-filers with the Clerk of Courts.
Page 12 | F. E-FILING WITH CLERK OF COURTS
The Clerk will not accept filings by fax, email, or another alternative electronic means when case-management-system e-filing is available.
The Clerk of Courts will not accept filings by alternative electronic means, including but not limited to facsimile transmission or e-mail, when e-filing is available through the case management system.
Page 12 | F. E-FILING WITH CLERK OF COURTS
Electronic filing is required for this Certificate of Qualification for Employment process.
Electronic Filing Required
Page 151 | RULE 20.03 — CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
The listed documents, and other documents in the applicable exception category, cannot be filed electronically.
Certain documents cannot be e-filed, including but not limited to: a) Civil Protection Orders b) Certificate of judgment c) Execution of judgment d) Bonds in criminal cases e) Subpoenas f) QDRO g) Depositions h) Transcripts i) Original wills and codicils j) Cognovit notes.
Page 13 | 4. Exceptions to E-filing
Registration as an e-filer results in issuance of a confidential, unique electronic identifier.
Registered e-filers will receive a confidential and unique electronic identifier.
Page 12 | F. E-FILING WITH CLERK OF COURTS
E-filing is available for any filing at all times, including weekends.
Any filing may be e-filed with the Clerk 24 hours a day, 7 days a week.
Page 12 | 1. Time, Effect and Process of E-filing — a) Submission
Filing Timing and Cure Windows
The Clerk reviews every electronic submission; only accepted documents are filed, docketed, and time-stamped, while rejected documents do not enter the court record.
The Clerk reviews all electronically filed documents for compliance with court rules, policies, procedures and practices. After review, the document becomes accepted, pending or rejected. Only accepted documents will be filed, docketed and time stamped. If the submission is rejected, the document shall not become part of the Court record.
Page 12 | 1. Time, Effect and Process of E-filing — c) Clerk Review
An electronic submission is deemed filed upon acceptance and receives an electronic stamp showing the date and time it was submitted to the e-filing system.
Upon acceptance, the submission will 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-filing system.
Page 12 | 1. Time, Effect and Process of E-filing — d) Official Time Stamp
Electronic filing does not extend any applicable statute of limitations, savings statute, or similar time limit.
Electronic filing does not alter or extend applicable statutes of limitation.
Page 13 | 3. No Time Extension
Electronic filings that do not comply with court rules, policies, procedures, or practices may be rejected, not docketed, and not filed.
Documents which do not fully comply may be rejected, not docketed, and not filed.
Page 13 | 3. No Time Extension
Electronic filers must leave sufficient time for filing, clerk review, and any necessary resubmission.
The e-filer must allow sufficient time for filing, clerk review, and any necessary re-submission.
Page 13 | 3. No Time Extension
If no response is made to the original preparing counsel within 14 days, the preparing counsel must submit the entry or order and submitting letter to the Court.
If no response is made to original preparing counsel within fourteen (14) days, preparing counsel shall submit the entry or order along with the submitting letter to the Court
Page 25 | Rule 4.04(B)(5), Orders and Judgments
If counsel cannot agree on an entry or order within 28 days of the original submission, both the original and response drafts must be submitted to the Court.
If counsel cannot agree on an entry or order within twenty-eight (28) days of the original submission then copies of both the original and response order or entry drafts shall be submitted to the Court.
Page 26 | Rule 4.04(B)(6), Orders and Judgments
Unless another law or rule fixes the time, a response must be filed and served within 14 days after service of the pleading, motion, amended pleading, or other paper requiring a response.
In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law or applicable rule, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the fourteenth (14th) day after the date of service of the pleading, motion or other paper, requiring the response.
Page 27 | RULE 4.05 — RULE DAYS NOT FIXED BY LAW
A reply to a response must be filed and served within 7 days after service of the response.
Any reply to said response shall be filed and served on or before the seventh (7th) day after the date of service of the response.
Page 27 | RULE 4.05 — RULE DAYS NOT FIXED BY LAW
The written settlement memorandum is due 10 days before the settlement pretrial conference.
Trial counsel shall be required to submit a written settlement memorandum to the Court ten (10) days prior to the settlement pretrial conference.
Page 30 | CIVIL PRETRIAL
The deed must be filed with the County Recorder within 14 days after receipt of payment.
L. The deed shall be filed with the County Recorder within fourteen (14) days of receipt of payment.
Page 45 | 5-6
Plaintiff's counsel must submit the proposed judgment entry confirming the sale within 30 days after the sale.
I. Plaintiff's counsel shall submit proposed judgment entry confirming sale within thirty (30) days of the sale.
Page 45 | 5-6
Plaintiff's counsel must file the proposed deed with the Sheriff within 7 days after the order confirming the sale.
K. Plaintiff's counsel shall file the proposed deed with the Sheriff within seven (7) days of the order confirming sale.
Page 45 | 5-6
The receiver's first plan and activity report must be submitted no later than two months after appointment.
The first plan (and report of activity to date) must be submitted no later than two months after appointment of the receiver.
Page 48 | F. RECEIVERSHIP PLAN AND PROGRESS REPORTS
The court may stay all filing deadlines for up to 60 days after referring a case to mediation.
Upon referral of a case to mediation, the court may elect to stay all filing deadlines for up to 60 days.
Page 64 | 10. Stay of Proceedings
All pleadings filed by self-represented litigants must be reviewed by the Judge, Magistrate, or designee before the Clerk time-stamps them.
A. All pleadings filed by self-represented litigants shall first be reviewed by the Judge, Magistrate or his/her designee before being time-stamped by the Clerk.
Page 89 | RULE 10.05 - SELF-REPRESENTED LITIGANTS
A Guardian ad Litem’s written report must be filed at least seven days before the final hearing and, in specified cases, at least seven days before the listed dispositional and change-in-disposition hearings.
G. Pursuant to Sup. R. 48.06, a written report shall be prepared by the Guardian ad Litem and filed with the Court not less than seven (7) days before the final hearing and, in abuse, neglect, dependency, unruly and delinquency cases, not less than seven days prior to any initial dispositional hearing, permanent custody hearing, and any hearing upon a motion requesting a change in disposition.
Page 102 | Paragraph G
The QDRO must be prepared as soon as possible after the final hearing for submission to the Court.
C. The QDRO shall be prepared as soon as possible following the final hearing for submission to the Court.
Page 126 | Chapter 16 - Division of Pensions or Other Retirement Plans, Rule 16.01.C
If the plan administrator does not file the notice of qualification, the parties or their attorneys must file the approval or qualification letter with the clerk within 30 days after receipt.
If the Plan Administrator fails to file Notice of Qualification, the parties or attorneys for the parties shall file a copy of the letter of approval/qualified issued by the Plan Administrator with the Clerk of Courts within thirty (30) days of receipt.
Page 128 | Chapter 16 - Division of Pensions or Other Retirement Plans
A praecipe directing the clerk to serve the plan administrator must be filed simultaneously with the qualified domestic relations order.
Upon the filing of a Qualified Domestic Relations Order, Counsel or self-represented party shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Qualified Domestic Relations Order.
Page 128 | Chapter 16 - Division of Pensions or Other Retirement Plans
The investigator's report must be filed at least seven days before any scheduled trial and must include the stated notice in bold in the report body.
D. The investigator shall file his or her report of the investigation at least seven (7) days before any scheduled trial date. The report shall include the following NOTICE in BOLD print in the body of the report:
Page 134 | Chapter 18 - Investigations and Evaluations, Rule 18.01(D)
The custody evaluator report must be filed at least 30 days before the final hearing.
A custody evaluator shall prepare and file with the court a written report at least 30 days prior to the final hearing.
Page 142 | F. Custody Evaluator Report. 1. General
In abuse, neglect, dependency, unruly, and delinquency cases, the GAL must submit the full written report and recommendations at least seven days before the specified hearings.
In abuse, neglect, dependency, unruly, and delinquency cases, not less than seven days prior to any initial dispositional hearing, permanent custody hearing, and any hearing upon a motion requesting a change in disposition; and
Page 192 | ORDER APPOINTING GUARDIAN AD LITEM
The GAL's written summary is due to the court at least five days before the GAL pre-trial conference.
The GAL shall provide a one page written summary to the Court at least five (5) days prior to the GAL pre-trial conference.
Page 192 | ORDER APPOINTING GUARDIAN AD LITEM
In proceedings allocating parental rights and responsibilities, the GAL must submit the full written report and recommendations at least seven days before the final hearing.
In proceedings involving the allocation of parental rights and responsibilities, not less than seven days before the final hearing date.
Page 192 | ORDER APPOINTING GUARDIAN AD LITEM
Within 14 days after mediation concludes, the mediator must file an appropriate report concerning the result and make it available to all counsel.
It is further ORDERED, ADJUDGED AND DECREED that within fourteen (14) days after the conclusion of the mediation services the mediator shall file with the Court and make available to counsel for all parties an appropriate mediation report concerning the result of the mediation.
Page 204 | Court Order #8 – Judgment Entry Requiring Mediation Services
The e-filing system must confirm receipt and include the receipt date and time as proof of receipt.
Upon receipt, the Court's e-filing 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 12 | 1. Time, Effect and Process of E-filing — b) Receipt
If no objection to the Notice of Completion of Limited Appearance is filed and served within 10 days, the attorney's withdrawal is complete without leave of court.
If no objection to the Notice of Completion of Limited Appearance is filed and served within 10 days, the attorney's withdrawal is complete without the need for leave of court.
Page 38 | Rule 4.14(D)
The Division of Property Order must be prepared as soon as possible after the final hearing for submission to the Court.
C. The DOPO shall be prepared as soon as possible following the final hearing for submission to the Court.
Page 129 | Rule 16.02(C)
Service and Proof of Service Rules
The clerk must serve the original complaint by certified mail, return receipt requested, unless alternative service instructions are filed with the complaint; after failed service, the serving party must file further written instructions within 30 days.
Clerk shall perfect service of the original complaint by United States Postal Service via certified mail, return receipt requested, pursuant to Civil Rule 4.1 unless written instructions requesting alternative means of services are filed with the original complaint. In the event of failure of service, the serving party must file further written instructions within thirty (30) days).
Page 10 | Chapter 3 — Filing Procedures, Rule 3.01(B)(1)
For an electronically filed original complaint, the Clerk prepares the service copies, and the filing party must not furnish them.
When an original complaint is filed by electronic means as set forth in Division F below, the Clerk shall make service copies at the per page copy cost set forth in Appendix B. The filing party shall not furnish service copies of the original complaint.
Page 11 | 2. Cost of copies
Unless another period is fixed by the rules or court order, a written motion concerning trial must be served no later than 28 days before trial begins.
Unless a different period is fixed under these rules or by order of the court, a written motion for purposes of a trial shall be served no later than twenty-eight days prior to the start of trial.
Page 24 | RULE 4.03(F)(2)
Unless another period is fixed by the rules or court order, a written motion concerning a nontrial hearing must be served no later than 14 days before the hearing.
Unless a different period is fixed under these rules or by order of the court, a written motion for purposes of a hearing that is not a trial shall be served no later than fourteen days prior to the hearing
Page 24 | RULE 4.03(F)(2)
The Clerk must mail final appealable orders to counsel and all parties within 3 days after journalization.
All final appealable orders will be delivered to counsel, unrepresented parties and represented parties by the Clerk by regular U.S. mail within three (3) days of journalization.
Page 26 | Rule 4.04(E), Orders and Judgments
After judgment entry, the Clerk must notify each defendant by mailing a copy of the pleadings and judgment entry by registered or certified mail to the address stated in the complaint.
The Clerk shall notify the defendant or defendants by mailing a copy of the pleadings and judgment entry by registered or certified mail at the address set forth in the complaint.
Page 32 | Rule 4.09 — Cognovit Judgments
Papers requiring service under Civil Rule 5 must be served on both the attorney with a limited appearance and the attorney's client.
When an attorney has entered a limited appearance, any pleading, order, notice, brief or other paper that Civ.R. 5 requires to be served must be served on both the attorney and the attorney's client.
Page 37 | Rule 4.14(D)
Unless the court already served the proposed order through the e-filing system, the submitting or approving party must serve it on the receiver or receiver's counsel and on all appeared parties or parties whose service of process is underway.
Unless it is clear that service has already been made by the court using the e-filing system, the party who submitted or approved a proposed order entered by the court is responsible for serving it upon the receiver or receiver's counsel and upon all parties who have appeared, or for whom service of process remains underway.
Page 46 | RULE 5.05, C. HEARINGS AND REQUESTS FOR PROCEDURAL ORDERS
The party making service must file proof of service.
Proof of service must be filed by the party making service.
Page 46 | RULE 5.05, C. HEARINGS AND REQUESTS FOR PROCEDURAL ORDERS
Copies of each receivership plan and report must be filed with the clerk and served on all parties who have appeared or for whom service remains pending.
Copies of each receiver's plan and report shall be filed with the Clerk, with service upon all parties who have made an appearance or for whom service remains pending.
Page 48 | F. RECEIVERSHIP PLAN AND PROGRESS REPORTS
The Guardian ad Litem must provide the report to unrepresented parties and counsel of record, and counsel may share its contents with their clients.
The report shall be provided by the Guardian ad Litem to unrepresented parties and legal counsel of record. Counsel may share the contents of the report with their clients.
Page 102 | Paragraph G
A volunteer Guardian ad Litem must submit reports with distribution instructions, and the Court must distribute them to attorneys and unrepresented parties according to those instructions.
A volunteer Guardian ad Litem shall submit his/her reports to the Court with instructions as to distribution. The Court shall be responsible to distribute to the attorneys and unrepresented parties per instructions provided by volunteer Guardian ad Litem.
Page 102 | Paragraph H
Every pleading must be served on the Guardian ad Litem, who must also receive notice of every hearing.
The Guardian ad Litem shall be served with copies of all pleadings and shall be provided notice of all hearings.
Page 103 | Chapter 13 - Guardian ad Litem
When a DOPO is filed, counsel or the self-represented party must simultaneously file a praecipe directing the clerk to serve the plan administrator.
H. Upon the filing of a Division of Property Order, Counsel or self-represented party shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Division of Property Order.
Page 130 | Rule 16.02(H)
When the investigation report is filed, the court must send copies to counsel of record and unrepresented parties, with a cover sheet containing the specified notice.
H. At the time the investigator's report is filed, copies shall be sent by the court to the attorney(s) of record and any unrepresented parties. When the report is sent to the attorney(s) and/or unrepresented parties, a cover sheet containing the NOTICE stated in Paragraph D above shall be attached to the report.
Page 134 | Chapter 18 - Investigations and Evaluations, Rule 18.01(H)
The Adult Probation Department must send the specified notice to each identified court by ordinary U.S. mail.
2. The Adult Probation Department shall send a Notice to Court Regarding Petition for Certificate of Qualification for Employment and Submission of Information Regarding Petition for Certificate of Qualification for Employment to each court so identified. Such Notice shall be sent via ordinary US mail.
Page 152 | RULE 20.03 — CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
The Adult Probation Department must send the specified notice to the Williams County Prosecuting Attorney.
3. The Adult Probation Department shall also send a Notice to Prosecutor Regarding Petition for Certificate of Qualification for Employment and Submission of Information Regarding Petition for Certificate of Qualification for Employment to the Williams County Prosecuting Attorney.
Page 152 | RULE 20.03 — CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
An interim-fee motion filed when a guardian ad litem's fees exceed $2,500 must be served upon all parties.
At any time the fees of a guardian ad litem exceed $2,500.00, the guardian ad litem shall file a motion for interim fees, served upon all parties, which must include a detailed statement and description of rendered services.
Page 193
A movant's reply to a response to any written motion may be served within seven days after service of the response.
A movant's reply to a response to any written motion may be served within seven days after service of the response to the motion.
Page 23 | RULE 4.03(F)(1)
A response to a written motion other than a summary-judgment motion generally may be served within 14 days after service of the motion.
Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion.
Page 23 | RULE 4.03(F)(1)
A response to a motion for summary judgment may be served within 28 days after service of the motion.
Responses to motions for summary judgment may be served within twenty-eight days after service of the motion.
Page 23 | RULE 4.03(F)(1)
Judgment entries and counsel-prepared orders must provide enough copies for the Clerk to give one to trial counsel and unrepresented parties, with one extra copy in child-support or spousal-support domestic relations cases.
B. Copies of a judgment entry, or an order prepared by counsel, shall be in sufficient quantity so the Clerk of Courts may distribute one (1) to trial counsel and unrepresented parties. One extra copy shall be provided to the Clerk in all domestic relations cases involving the payment of child support or spousal support.
Page 25 | Rule 4.04, Orders and Judgments
The Court or Clerk must transmit judgment entries and other orders to counsel and unrepresented parties, and to represented parties when ordered.
A. The Court shall transmit, or direct the Clerk of Courts to transmit, copies of judgment entries or other orders to all counsel and unrepresented parties and represented parties if so ordered.
Page 25 | Rule 4.04, Orders and Judgments
A motion seeking a continuance must be served on the opposing attorney or self-represented party.
If a continuance of a scheduled neutral evaluation session is desired, a motion seeking a continuance will be required, served upon the opposing attorney(s) or self-represented party(s).
Page 112 | B. General Provisions, 5. Continuances
Filing Fees and Waivers
Unaltered, properly completed Uniform Standardized Forms must include the applicable filing fee to be accepted for filing.
All forms approved by the Supreme Court of Ohio as part of their Uniform Standardized Forms shall be accepted for filing by the Clerk of Courts provided the forms have not been altered, are properly completed and have the filing fee, if applicable.
Page 14 | I. UNIFORM STANDARDIZED FORMS
Court filings may be summarily stricken for failure to pay the Appendix B cost deposit unless a motion to proceed in forma pauperis is accepted or the Court waives the deposit.
B Unless a motion to proceed In Forma Pauperis is filed and accepted by the Court or the Court waives deposit for costs, any document, pleading, motion, request, objection, petition or complaint filed without payment of the court cost deposit to the Clerk, as listed in Appendix B, may be summarily stricken by the Court.
Page 15 | RULE 3.02 COSTS AND SECURITY FOR COSTS
A filing may be dismissed if the cost-deposit instrument is dishonored and the filer does not cure the deficiency within ten days after notice.
C If a check or other negotiable instrument for deposit for costs is dishonored for any reason, the filing may be dismissed by the Court after ten (10) days notice is given to the filer for failure to pay the required security for costs.
Page 15 | RULE 3.02 COSTS AND SECURITY FOR COSTS
An in forma pauperis motion must include the attorney’s statement that no attorney’s fees will be accepted until court costs are paid or secured.
A No motion to proceed In Forma Pauperis shall be granted by the Court unless there is attached thereto a statement by the attorney for the party executing such affidavit that he or she has not accepted and will not accept any attorney's fees in said cause until the costs are paid or secured to be paid.
Page 15 | RULE 3.02 COSTS AND SECURITY FOR COSTS
A party applying for appointment of a Guardian ad Litem must deposit at least $500, unless the court determines a lesser amount is appropriate, and any excess costs are taxed as court costs.
Upon the application of any party to a proceeding for the appointment of a Guardian ad Litem, the Court shall require a deposit of a sum not less than $500.00, unless the Court determines a lesser sum is appropriate. All costs in excess of the deposit shall be taxed as court costs and paid as determined by the Court.
Page 41 | RULE 5.02 GUARDIAN AD LITEM IN NON DOMESTIC RELATION CASES
Counsel for an indigent party must be paid at the rate adopted by the Defiance/Fulton/Henry/Williams County Commissioners.
An indigent's counsel in a case shall be paid at the rate adopted by the Defiance/Fulton/Henry/Williams County Commissioners.
Page 42 | RULE 5.03 ATTORNEY'S FEES
Partition-action fees must be distributed pursuant to R.C. 5307.25.
The fees shall be distributed pursuant to R. C. 5307.25.
Page 42 | RULE 5.03 ATTORNEY'S FEES
The Clerk must secure a costs deposit before processing and serving subpoenas requested by an out-of-state litigant.
B. The Clerk of Courts shall secure a deposit for costs before processing and serving the subpoenas as required by the out-of-state litigant.
Page 58 | RULE 5.09 — OUT OF STATE SUBPOENAS TO BE SERVED IN DEFIANCE, FULTON, HENRY AND WILLIAMS COUNTIES
Each party must deposit $100.00 with the Clerk as security for SJT costs no later than 30 days before the scheduled SJT.
Each party shall deposit with the Clerk $100.00 as security for the payment of costs incurred upon the case being assigned for SJT and no later than thirty (30) days prior to the date set for SJT.
Page 59 | RULE 5.10 SUMMARY JURY TRIAL (SJT)
A county-specific What About Me program fee must be collected through the court cost deposit and disbursed by the clerk when ordered.
B. Fee. The fee for attendance at the What About Me class is the rate set forth in Appendices B-1 (Defiance County), B-2 (Fulton County), B-3 (Henry County) and B-4 (Williams County). This fee shall be collected in the Court cost deposit and the Clerk shall disburse these costs when ordered by the Court.
Page 93 | Rule 11.03(B) Fee
Within 30 days after the earlier of case conclusion or termination of appointed counsel's services, counsel must submit the fee application, motion, and judgment entry to the Clerk in triplicate with original signatures, with file-stamped copies available upon request.
E. Within thirty (30) days of the conclusion of the case of the termination of the attorney's services, whichever should occur first, the attorney shall submit an application, motion and judgment entry for fees. Said application, motion, and judgment entry shall be submitted to the Clerk of Courts in triplicate with each bearing original signatures. Copies shall be provided to the Clerk if the attorney desires file stamped copies.
Page 150 | RULE 20.02 — COURT APPOINTMENT
The petitioner must pay the Rule 3 security-for-costs deposit before any action is required on the petition.
D. Before any action is required to be taken on the Petition, the Petitioner must pay a deposit as set forth under Rule 3 -- Security for Costs.
Page 151 | RULE 20.03 — CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
A base deposit of $450 is required for divorce or dissolution with children, with an additional $30 for each child ages 5–17 in Williams and Henry Counties.
DIVORCE / DISSOLUTION – WITH CHILDREN + plus an additional $30.00/child between the age of 5-17 (Williams & Henry only) | $450.00+
Page 180 | APPENDIX B — SECURITY COSTS
A $100 fee is required for an original action.
ORIGINAL ACTION | $100.00
Page 180 | APPENDIX B — SECURITY COSTS
A $1,400 deposit, including $500 payable to Real Auction, is required for a sheriff sale order praecipe used toward legal notice, appraisal, and court costs.
PRAECIPE FOR ORDER OF SALE BY SHERIFF TO BE USED TOWARDS COSTS OF - LEGAL NOTICE, APPRAISAL AND COURT COSTS (Includes $500 payable to Real Auction) | $1,400.00
Page 180 | APPENDIX B — SECURITY COSTS
A $280 deposit is required for a post-judgment motion involving children.
POST-JUDGMENT MOTIONS – WITH CHILDREN | $280.00
Page 180 | APPENDIX B — SECURITY COSTS
A $5 fee is required to file a release, satisfaction, or partial satisfaction of lien.
FILING RELEASE, SATISFACTION OR PARTIAL SATISFACTION OF LIEN | $ 5.00
Page 180 | APPENDIX B — SECURITY COSTS
A $100 deposit is required for a QDRO or DPRO.
QDRO OR DPRO | $100.00
Page 180 | APPENDIX B — SECURITY COSTS
A $50 deposit is required for a motion with a consent judgment entry or notice to relocate.
MOTION WITH CONSENT JUDGMENT ENTRY / NOTICE TO RELOCATE | $ 50.00
Page 180 | APPENDIX B — SECURITY COSTS
A $400 deposit is required for a foreclosure complaint.
COMPLAINT | $400.00
Page 180 | APPENDIX B — SECURITY COSTS
An $875 deposit is required for a private selling officer sale-order praecipe used toward legal notice, appraisal, and court costs.
PRAECIPE FOR ORDER OF SALE BY PRIVATE SELLING OFFICER TO BE USED TOWARDS COSTS OF - LEGAL NOTICE, APPRAISAL AND COURT COSTS | $875.00
Page 180 | APPENDIX B — SECURITY COSTS
A notice of appeal filed in a common pleas case requires an additional $25 fee, for a total of $175.
IF FILED IN A COMMON PLEAS CASE – ADDITIONAL $25.00 | $175.00
Page 180 | APPENDIX B — SECURITY COSTS
A $25 deposit is required for a notice to relocate.
NOTICE TO RELOCATE | $ 25.00
Page 180 | APPENDIX B — SECURITY COSTS
A $100 fee is required for sealing or expunging records, regardless of the number of records under ORC 2953.32.
SEALING / EXPUNGING (regardless of number of records per ORC 2953.32) | $100.00
Page 180 | APPENDIX B — SECURITY COSTS
A $150 fee is required for a notice of appeal.
NOTICE OF APPEAL $150.00 | $150.00
Page 180 | APPENDIX B — SECURITY COSTS
A $42 fee, including release, applies to a State of Ohio certificate of judgment.
STATE OF OHIO (INCLUDES RELEASE) | $42.00
Page 180 | APPENDIX B — SECURITY COSTS
A $125 fee is required for post-conviction motions or petitions, including sex-offender reclassification, firearm disability, lifetime suspension, and CQE matters.
POST-CONVICTION MOTIONS/ PETITION: EXAMPLE: SEX OFFENDER RE-CLASSIFICATION, FIREARM DISABILITY, LIFETIME SUSPENSION, CERTIFICATE OF QUALIFICATION OF EMPLOYMENT (CQE) | $125.00
Page 180 | APPENDIX B — SECURITY COSTS
A $325 deposit is required for divorce or dissolution without children, a cross-claim, or a counterclaim.
DIVORCE/ DISSOLUTION – WITHOUT CHILDREN, CROSS-CLAIM & COUNTERCLAIM | $325.00
Page 180 | APPENDIX B — SECURITY COSTS
A $35 fee is required to make and file a certificate of judgment.
MAKING & FILING | $35.00
Page 180 | APPENDIX B — SECURITY COSTS
A $500 deposit is required for civil publication.
PUBLICATION | $500.00
Page 180 | APPENDIX B — SECURITY COSTS
A $75 fee is required for filing a foreign judgment.
FOREIGN JUDGMENT | $ 75.00
Page 180 | APPENDIX B — SECURITY COSTS
A $75 deposit is required for cancellation of a sheriff's sale.
CANCELATION OF SHERIFF'S SALE | $ 75.00
Page 180 | APPENDIX B — SECURITY COSTS
An $8 fee is required to make a certificate of judgment for transfer.
MAKING TO TRANSFER | $ 8.00
Page 180 | APPENDIX B — SECURITY COSTS
A $250 deposit is required for aid in execution, writ of possession, or debtor's examination.
AID IN EXECUTION, WRIT OF POSSESSION & DEBTOR'S EXAMINATION | $250.00
Page 180 | APPENDIX B — SECURITY COSTS
A $150 deposit is required for a cognovit.
COGNOVIT | $150.00
Page 180 | APPENDIX B — SECURITY COSTS
A $350 deposit is required for a civil complaint, cross-claim, counterclaim, third-party complaint, or administrative appeal.
CIVIL COMPLAINT, CROSS-CLAIM / COUNTERCLAIM, THIRD PARTY COMPLAINT, ADMINISTRATIVE APPEAL | $350.00
Page 180 | APPENDIX B — SECURITY COSTS
A $37 fee is required to file a certificate of judgment from another court.
FILING FROM ANOTHER COURT | $37.00
Page 180 | APPENDIX B — SECURITY COSTS
A $150 deposit is required for execution on a certificate of judgment or garnishment.
EXECUTION ON CERTIFICATE OF JUDGMENT / GARNISHMENTS | $150.00
Page 180 | APPENDIX B — SECURITY COSTS
The first party making a civil jury demand must deposit $350 with the clerk at least 10 days before trial; failure to do so waives jury service, and the deposit includes a $25 call jury fee.
JURY FEE DEPOSIT -- The first party making a jury demand in a civil action before this court shall deposit $350 with the Clerk of Courts no later than 10 days before the scheduled trial date. Failure to deposit $350 within the time allotted shall constitute a waiver of jury. The $350 Jury Fee Deposit Include the Call Jury Fee of $25 per ORC 2303.20(E).
Page 181 | Appendix B
A party requesting a witness subpoena must deposit the applicable statutory witness fee with the clerk when filing the request, in civil and criminal practice.
3.03 WITNESS FEES. A party requesting the issuance of subpoenas for a witness shall deposit at the time of filing the request for subpoena the appropriate amount under the Witness Fees Statute (ORC 2335.06) for said witness with the Clerk of Courts. This Rule shall apply to civil and criminal practice.
Page 181 | Appendix B
A $100.00 deposit is required for service by a sheriff from another county.
FOREIGN COUNTY SHERIFF'S SERVICE DEPOSIT | $100.00
Page 181 | Appendix B
Williams County requires a $50 sheriff's service deposit.
WILLIAMS COUNTY SHERIFF'S SERVICE DEPOSIT | $50.00
Page 181 | Appendix B
An appraisal requires a $225 advance deposit, which must be promptly returned if the appraisal is canceled.
3.04 APPRAISAL FEE. An advance deposit of $225.00 is required. In the event the appraisal is canceled, this fee shall be promptly returned.
Page 181 | Appendix B
Defiance County requires a $25 foreign county sheriff's service deposit.
FOREIGN COUNTY SHERIFF'S SERVICE DEPOSIT | $25.00
Page 181 | Appendix B
A request for an out-of-state subpoena to be served in Fulton County requires a $250 fee.
REQUEST FOR OUT OF STATE SUBPOENAS TO BE SERVED IN FULTON COUNTY | $250.00
Page 181 | Appendix B
The court may assign the divorce or dissolution deposit to the party most able to pay and may sanction a party who fails to deposit the ordered amount.
A. However the Court may determine at the first hearing the party most able to make the deposit; and upon Order of the Court, that party shall deposit an amount determined by the Court; and if the Court so orders, the Clerk shall refund the original deposit to the extent that combined deposit exceeds that required. B. Failure by the party to deposit the amount ordered may result in the part being sanctioned including the striking of any pleading or the case proceeding as in default.
Page 181 | Appendix B
The Clerk may require an additional cost deposit sufficient to secure the case’s reasonably anticipated costs when the existing deposit becomes insufficient.
D If at any time the deposit for costs becomes insufficient in any case, the Clerk shall require of the appropriate parties an additional deposit in an amount sufficient to secure the reasonably anticipated costs.
Page 15 | RULE 3.02 COSTS AND SECURITY FOR COSTS
Costs ordered by a judgment are deducted from available deposits, unpaid amounts may be deducted after 60 days, deficiencies are billed, and remaining deposits are refunded after payment.
E When a judgment entry orders payment of costs by a party who has a deposit with the Clerk, the costs shall be deducted from that party's deposit, if sufficient, and any balance shall be returned to the depositor. If, however, the deposit is insufficient or that party has no deposit, then the amount still due shall be deducted from any deposit held in the case. If there is a failure to pay within sixty (60) days from the Clerk's cost statement by the party so ordered, the Clerk 3-6 shall deduct the costs from any deposit held in their case. The Clerk shall bill the party ordered to pay costs for any deficiency. Upon payment, the Clerk shall refund the deposits to the appropriate party.
Page 15 | RULE 3.02 COSTS AND SECURITY FOR COSTS
Payment arrangements for transcript costs must be made with the Court Reporter when the transcript is ordered.
J Arrangements for the payment of the costs of transcripts shall be made with the Court Reporter at the time the transcript is ordered.
Page 16 | RULE 3.02 COSTS AND SECURITY FOR COSTS
The Clerk must issue quarterly cost statements in final proceedings and may issue a certificate of judgment for unpaid costs after two notices.
H Clerk shall keep a list of all unpaid or accrued costs in all proceedings where costs have been taxed and shall send statements to all persons against whom costs have been taxed, in all proceedings that have become final, at least every three (3) months. After two (2) such notices, if the costs have not been paid, the Clerk may issue a certificate of judgment for the amount of such costs without further order.
Page 16 | RULE 3.02 COSTS AND SECURITY FOR COSTS
When attorney fees may be awarded, counsel can be required to submit an itemized statement of hours worked and a detailed expense accounting.
In any case where attorney fees are to be awarded, counsel may be required to provide to the Court an itemized statement showing the hours worked and a detailed accounting of expenses.
Page 42 | RULE 5.03 ATTORNEY'S FEES
For qualifying partition-fee requests, an itemized statement is unnecessary; the guidelines allow 7% of the first $20,000, 3% of the next $80,000, and 2% of sums exceeding $80,000, subject to a $500 minimum.
Attorneys requesting fees in a partition action are not required to provide an itemized statement as set forth in (B) above if the amounts fall within the following guidelines: 1. Seven percent (7%) on the first $20,000.00 of the sale price; Three percent (3%) on the next $80,000.00; Two percent (2%) on all sums in excess of $80,000.00 However, the minimum fee shall be $500.00.
Page 42 | RULE 5.03 ATTORNEY'S FEES
Partition-action fees outside the stated guidelines may be allowed only by leave of court under extraordinary circumstances.
Other fees may be permitted by leave of court only, under extraordinary circumstances.
Page 42 | RULE 5.03 ATTORNEY'S FEES
A party canceling a Sheriff's sale after the Order of Sale has issued owes a $75 cancellation fee unless the cancellation results from a bankruptcy action.
In the event a party cancels a Sheriff's sale (after Order of Sale has issued) for any reason other than a bankruptcy action, a cancellation fee of $75.00 shall be assessed against the party cancelling said sale.
Page 45 | 5-6
An unexcused absence from a scheduled session results in a $10 rescheduling fee assessed as additional court costs.
Unexcused absence from a scheduled session shall result in a Ten Dollar ($10.00) rescheduling fee being charged, which shall be assessed as additional Court costs as established in Appendices B-1 (Defiance County), B-2 (Fulton County), B-3 (Henry County) and B-4 (Williams County).
Page 91
An attorney may receive additional payment for extraordinary services only by submitting an application under oath demonstrating those services and obtaining the trial judge's approval.
C. Additional payment shall be made for extraordinary cases and then only upon application under oath by the attorney showing extraordinary services, and after approval by the trial Judge.
Page 149 | RULE 20.02 — COURT APPOINTMENT
A home investigation costs $600 in Williams County and is priced by court order in all other counties.
HOME INVESTIGATION – WILLIAMS COUNTY $600, ALL OTHERS – PER COURT ORDER
Page 180 | APPENDIX B — SECURITY COSTS
A fax transmission costs $2 plus $1 for each page.
FAX FEES: $2.00 PLUS $1.00 PER PAGE PER TRANSMISSION
Page 180 | APPENDIX B — SECURITY COSTS
A complete record costs $2 per page.
COMPLETE RECORD: $2.00 PER PAGE
Page 180 | APPENDIX B — SECURITY COSTS
Certification costs $2 per document plus the applicable copy charge.
CERTIFICATION - $2.00 PER DOCUMENT PLUS COPY CHARGE
Page 180 | APPENDIX B — SECURITY COSTS
A trial judge may require an increase in an insufficient deposit from time to time.
3.02 INSUFFICIENT DEPOSIT. If it is brought to the attention of the trial judge that any deposit is insufficient, the trial judge may require the said deposit to be increased from time to time.
Page 181 | Appendix B
A plaintiff or appellant’s voluntary dismissal is charged to that party’s costs unless the Court orders otherwise.
F If notice of voluntary dismissal is filed by a plaintiff or an appellant, the dismissal shall be at the cost of the dismissing party, unless otherwise ordered.
Page 16 | RULE 3.02 COSTS AND SECURITY FOR COSTS
The party paying or depositing money with the Clerk must pay the statutory commission unless the Court orders otherwise.
I The commission charged by the Clerk of Courts pursuant to R.C. 2303.20(V) shall be paid by the party paying or depositing money with the Clerk unless otherwise ordered by the Court.
Page 16 | RULE 3.02 COSTS AND SECURITY FOR COSTS
Courtesy Copy Requirements
After a visiting judge is appointed, counsel must provide the visiting judge with one copy of all pleadings, motions, and other papers filed for the record.
Subsequent to the date of the appointment of a visiting judge, counsel shall supply a copy of all pleadings, motions, or other papers filed for record with the visiting judge.
Page 10 | Chapter 3 — Filing Procedures, Rule 3.01(A)(5)
A duplicate of each receivership plan and report must be submitted to chambers with a proposed entry approving it.
A duplicate copy shall be submitted to chambers, together with a proposed entry approving the plan and report.
Page 48 | F. RECEIVERSHIP PLAN AND PROGRESS REPORTS
At counsel's request, the Clerk may provide an additional copy in the counsel's office mailbox if counsel submits the required additional copy and notes the special delivery request.
If counsel desires the Clerk to provide an additional copy in their mailbox in the Clerk's office, counsel will submit an additional copy to those required in Local Rule 3.01(C) noting thereon the special delivery requested.
Page 26 | Rule 4.04(E), Orders and Judgments
Sealing & Redaction Procedures
Documents containing sensitive personal information must be maintained by the Clerk in a separate non-public file.
A. Documents filed in any case containing sensitive personal information shall be kept in a separate non-public file to be maintained by the Clerk of Courts in such manner and in such location as the Clerk deems appropriate.
Page 17 | RULE 3.03 — NON-PUBLIC FILE
The non-public file must contain the specifically listed filings and any other items the Court directs.
B. The non-public file shall contain the following items: 1. The parties' DR-1, DR-2 and DR-3 affidavits and attachments thereto; 2. Tax returns; 3. Reports of psychological or custody evaluations; 4. Medical reports; 5. Reports of supervised parenting time or supervised parenting time exchanges; 6. Reports of a home study evaluator or Guardian ad Litem; 7. Reports of medical or drug testing; 8. Copy of Application for Child Support Services (IV-D); 9. Letters to the Court from the parties, the child(ren) and/or other individuals; 10. Victim's Rights Form; 11. Other items as directed by the Court.
Page 17 | RULE 3.03 — NON-PUBLIC FILE
The Court may order other sensitive documents into the non-public file, and social security numbers or other identifying information must be redacted from public copies.
C. Upon motion of any party or upon the Court's own motion, other documents containing sensitive personal information may be ordered to be kept in the non-public file. If there are documents which are to be filed in the "public file" containing social security numbers or any other individual identifying information, the same shall be redacted on those documents in the "public file."
Page 17 | RULE 3.03 — NON-PUBLIC FILE
A child's in camera interview recording or transcript must be kept separately and released only with Court approval or, for a transcript, after objections are filed or an appeal is taken.
E. In the event that the Court conducts an in camera interview of any child, upon request of any party or in its own discretion, the Court shall hold said recording or transcript of the recording in a separate file. The recording shall not be made available to either party or counsel without Court approval. A transcript of said recording shall only be made available to counsel or the parties after the filing of Objections to a Magistrate's Decision to the Court or an appeal to the Court of Appeals.
Page 18 | RULE 3.03 — NON-PUBLIC FILE
Only the listed individuals may inspect and review non-public-file contents in performing their duties or as the Court directs.
F. Contents of the non-public file may be inspected and reviewed by the following individuals in the performance of their duties or as the Court may direct: 1. Parties; 2. A party's attorney of record; 3. County's CSEA counsel; 4. Mediators appointed to a case; 5. Court personnel; 6. Guardians Ad Litem appointed to a case; 7. Home investigators appointed to a case; 8. Parenting coordinators appointed to a case.
Page 18 | RULE 3.03 — NON-PUBLIC FILE
Access to a filed Victim's Rights Form is limited as provided in Rule 7.01.
In the event a Victim's Rights form has been filed, access shall be limited as set forth in Rule 7.01.
Page 18 | RULE 3.03 — NON-PUBLIC FILE
Documents filed in the public file must be redacted when they contain social security numbers or other individually identifying information.
If there are documents which are to be filed in the "public file" containing social security numbers or any other individual identifying information, the same shall be redacted on those documents in the "public file."
Page 86 | RULE 10.03 FAMILY FILE
Social security numbers and other nonpublic information must be redacted; the original petition is filed under seal and a redacted copy is placed in the public case file.
F. All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence. Upon filing of a Petition, the Clerk shall file the original under seal for use by the Court, and prepare a redacted copy for inclusion in the portion of the case file accessible to the public.
Page 151 | RULE 20.03 — CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
The Clerk must place a Notice of Filing in the public file reflecting the non-public document and its filing date.
D. The "public file" shall contain, in place of the document contained in the non-public file, a Notice of Filing prepared by the Clerk of Courts reflecting the filing of the document maintained in the non-public file and the date thereof (e.g., "Notice is hereby given that on 3-8 ===== PAGE 18 ===== [date of filing] a [name of document] was filed by [person or party filing document], which shall be maintained in the Non-public File").
Page 17 | RULE 3.03 — NON-PUBLIC FILE
When a filing refers to trade secrets or privileged communications, redacted documents may be filed publicly and served on appeared parties, but a complete unredacted document must be submitted to the court for in camera review.
If a receiver's report, motion, fee application, or other filing refers to trade secrets (such as a plan for operating an ongoing business, proposed sale prices, customer information, personnel matters, or other non-public information) or would necessarily reference attorney-client or work product communications, then redacted documents may be filed in the public record and served upon all parties that have appeared. When that occurs, a complete un-redacted document shall be submitted to the court for in camera review.
Page 52 | M. TRADE SECRET OR PRIVILEGED INFORMATION
When the Court deems advisable, potential-juror lists may identify jurors only by number and other identifying data may be withheld and sealed; counsel may not copy Juror Questionnaires and must return them after jury selection.
A. To preserve the privacy and confidentiality of prospective jurors, when deemed advisable by the Court, lists of potential jurors submitted to counsel may be identified only by number, and other identifying data, i.e. telephone numbers, addresses, etc., may be withheld and sealed. Counsel shall make no copies of Juror Questionnaires and shall return said questionnaires to the Court upon completion of jury selection.
Page 75 | RULE 6.08 PROSPECTIVE JUROR PRIVACY
The Court may order counsel not to disclose prospective-juror identifying data or Juror Questionnaire information to litigants, defendants, or others outside counsel's professional office.
B. The Court may order that identifying data of prospective jurors and information contained on Juror Questionnaires provided counsel shall not be disclosed by counsel to litigants, defendants, or others not directly associated with counsel's professional office.
Page 75 | RULE 6.08 PROSPECTIVE JUROR PRIVACY
A Victim's Rights Form must be retained by the Clerk of Courts as a non-public document.
2. A Victim's Rights Form shall be retained by the Clerk of Courts as a non-public document.
Page 76 | RULE 7.01 VICTIM'S RIGHTS FORMS
The written custody evaluation report and its attachments must be placed in the family file rather than the public file and may be viewed by counsel or self-represented parties upon request.
The written report shall not be available for public access pursuant to Sup.R. 44 through 47. The report and any attachments shall be placed in the family file and may be viewed by counsel and/or self-represented parties upon request.
Page 143 | 4. Discovery and public access
Adjournment & Extension Requirements
Every continuance application for a scheduled event must be written and directed to the assigned judge or magistrate.
All applications for the continuance of any scheduled event must be in writing and directed to the Judge or Magistrate assigned to the case.
Page 19 | C. CONTINUANCES
A continuance must include a new fixed date assigned at the same time.
No event will be continued without contemporaneously reassigning a fixed date.
Page 20 | C. CONTINUANCES
A continuance request based on a conflicting trial assignment must attach a copy of that conflicting assignment.
All requests for continuance based upon a conflict of trial assignment shall have attached thereto a copy of the conflicting assignment.
Page 20 | C. CONTINUANCES
Continuance applications must be submitted at least 14 days before the affected event, unless an emergency or other sufficient cause exists.
All applications for continuances shall be submitted to the Court at least fourteen (14) days prior to the scheduled date for the event sought to be continued, absent emergency or cause deemed sufficient by the Court.
Page 20 | C. CONTINUANCES
A continuance application must state the reason and current assignment date, address notice to the client and opposing party or unrepresented party, and propose an approved new date within 60 days if granted.
All applications for continuances shall contain the following information: (a) The reason for the request; (b) The time and date of the current assignment; (c) A statement indicating that counsel has informed his client of the request or in the alternative why the client has not been informed of the request. (d) A statement indicating opposing counsel has been notified or in the event of an unrepresented party, the party has been notified, or the reason opposing counsel has not been notified and whether opposing counsel has consented to the continuance; (e) A new date within sixty (60) days which has been approved by the Court and opposing counsel in the event the Court grants the application for continuance.
Page 20 | C. CONTINUANCES
A trial or evidentiary-hearing continuance motion must be endorsed by both the party and counsel unless the trial judge waives that requirement for good cause.
No party shall be granted a continuance of a trial or evidentiary hearing unless the motion is endorsed by the party as well as counsel, provided the trial judge may waive this requirement upon a showing of good cause.
Page 20 | C. CONTINUANCES
A mediation continuance requires good cause and an agreed future date, may be granted by the Mediation Services Coordinator or referring judge or magistrate, cannot be justified solely by pending motions absent court authorization, and must be scheduled before the final pretrial.
Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediation Services Coordinator or the judge or magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.
Page 64 | 11. Continuances
A motion is required to continue a scheduled neutral evaluation session, it must be served on opposing counsel or the self-represented party, and continuance is granted only for good cause.
If a continuance of a scheduled neutral evaluation session is desired, a motion seeking a continuance will be required, served upon the opposing attorney(s) or self-represented party(s). A continuance for a scheduled neutral evaluation session shall be granted only for good cause shown.
Page 112 | B. General Provisions, 5. Continuances
On a party's motion and for good cause, the court may reduce or enlarge the response, reply, and motion-service periods specified in subdivisions F(1) and F(2).
Modification for good cause upon motion. Upon motion of a party in an action, and for good cause, the court may reduce or enlarge the periods of time provided in divisions (F)(1) and (F)(2) of this rule.
Page 24 | RULE 4.03(F)(3)
Chambers Communication Rules
Self-represented litigants may contact the Court’s Designee by the listed county-specific telephone number to arrange attendance at a free pro se clinic.
Please contact the Court's Designee at the following telephone number to make arrangements to attend the Clinic: Defiance County – 419-782-5931 Fulton County – 419-337-9260 Henry County – 419-599-5951 Williams County – 419-636-2644
Page 89 | RULE 10.05 - SELF-REPRESENTED LITIGANTS