Wayne County Court of Common Pleas, General & Domestic Relations Divisions
Court-Level Rules, Filing Procedures & Policies
Adjournments
- A party seeking additional time to file a pleading may obtain leave by court order.
- Continuance requests must be submitted as early as possible by motion and proposed journal entry, stating the reason and the current assignment information, and obtaining a new date from the Assignment Commissioner if granted.
- A continuance motion must be written, state the specific reason, and describe contact with the opposing counsel or self-represented party and that party's agreement or objection.
- +3 more
Request must include
Document Format Requirements5 rules
A copy of the signed SEPARATION AGREEMENT in its final form, including all addenda and exhibits, and a copy of the signed PARENTING PLAN or SHARED PARENTING PLAN, if applicable, shall be attached to the final JUDGMENT ENTRY OF DISSOLUTION OF MARRIAGE.
All exhibits are to be numbered numerically. Once an exhibit is numbered, it shall not change its number, regardless of when it may later be used with any additional filings and/or at trial.
- Exhibits
Formatting
- •Number all exhibits numerically
Shared Parenting Plan or Parenting Plan Agreements filed with the Court must be on separate paper (not included in the body of the pleadings) and styled as Shared Parenting Plan or Parenting Plan.
Separation Agreements filed with the Court must be on separate paper (not included in the body of the pleadings) and styled as Separation Agreement.
- Separation agreement
Formatting
- •Must be styled as Separation Agreement
All attachments and exhibits incorporated into a document must be affixed to the incorporating document.
Document Filing Requirements82 rules
Upon the filing of a new matter the complaining party and each responding party shall complete Exhibit A and file it with the Clerk of Courts.
Such proposed judgment entry shall be filed and sent to all parties and/or their counsel for review.
a. Filing of the Complaint (or other pleading seeking a judicial sale of real estate): Wayne County Judicial Sale Certification 13-A;
3. The amount the attorney expects to be compensated for said services.
2. A detailed accounting of the time which the attorney has been involved in the case.
All counsel requesting compensation for their services shall submit an itemized statement under oath to the Court which shall contain the following information:
d. Submission of the proposed order confirming the sale (Order of Confirmation and Distribution, etc.): Wayne County Judicial Sale Certification 13-D.
b. Submission of the proposed Order or Judgment Entry ordering the sale of the real estate (Decree of Foreclosure, Order of Partition, etc.): Wayne County Judicial Sale Certification 13-B;
1. The attorney’s usual hourly rate and a designation s to whether he represents a plaintiff or defendant.
c. Filing of the Precipe for Order of Sale: Wayne County Judicial Sale Certification 13-C; and
The caption in all subsequent pleadings shall state the names of the parties, the case number and the name of the Judge, and Magistrate if applicable, to whom the case is assigned.
- Document
- Subsequent pleading
- Placement
- Caption
The caption of all complaints, petitions, counterclaims, initial post-decree motions, final orders and decrees shall set forth the name, address, and the date of birth of each party. The pleadings shall also contain the names and birth dates of any minor children at issue in the proceedings.
- Document
- Initial filing
- Placement
- Caption
The Certificate of Service for all pleadings filed after the initial pleading must state the name of each counsel or party served, the date of service, and depending on the manner of service, either the street address, email address or fax number served.
- Document
- Pleading
- Placement
- Certificate section
Must include
- •Certificate of service
Post-decree motions must list the parties in the same plaintiff-defendant order used on the original dissolution petition.
- Document
- Post-decree motion
- Placement
- Caption
Court's wording
With regard to all post-decree motions filed subsequent to a decree of dissolution of marriage, the first party appearing in the caption on the original petition for dissolution of marriage shall be listed as the plaintiff and the second party appearing in the caption on the original petition for dissolution of marriage shall be listed as the defendant.
Attorneys seeking to withdraw as counsel shall file a written motion and a proposed order. The attorney's client and opposing counsel or party must be served, and that service must be reflected in the certificate of service.
- Document
- Motion to withdraw
Must include
- •Proposed order
- •Certificate of service
A motion requesting a hearing must include a signed notice stating the hearing information obtained from the assigned judge's or magistrate's scheduler.
Court's wording
Every motion for which a hearing is requested shall contain a Notice of Hearing signed by the moving party or his/her attorney. Prior to filing the motion, the moving party or his/her attorney shall obtain a hearing date and time from the assigned Judge's or Magistrate's scheduler and include the same in the Notice of Hearing, together with the name of the Judge or Magistrate who will hear the matter, the time allotted for the hearing on the Court's calendar, and the Courtroom number or Zoom information for where the hearing will be held.
A request for temporary residential-parent designation requires an affidavit demonstrating appropriateness and a proposed order containing blank hearing date and time fields; the review hearing must be scheduled within 14 days after issuance of the ex parte order.
- Document
- Temporary custody motion
Must include
- •Proposed order
Court's wording
When a party requests designation as the temporary residential parent, the requesting party shall submit an affidavit demonstrating the appropriateness of such order. The assigned Magistrate or Judge shall designate the temporary residential parent and order temporary support and parenting time based upon the affidavits submitted therein, and/or schedule the matter for a hearing. The moving party shall submit a proposed order for use by the Court in the event the motion is granted. The proposed order shall include blank spaces for the insertion of a hearing date and time so the opposing party can have a review hearing before the Magistrate who issued the custody order. Said hearing shall be scheduled within fourteen (14) days of the issuance of the ex parte order.
A continuance motion must include a proposed order containing a previously obtained and cleared new hearing date and signature lines for the appropriate judge or magistrate.
- Document
- Motion for continuance
Must include
- •Proposed order
Court's wording
The motion for continuance must be accompanied by a proposed Order containing a new hearing date previously obtained by the moving party and cleared with opposing counsel or party's calendar and the Magistrate or Judge’s scheduler, and signature lines for the appropriate Magistrate or Judge.
In order to secure a vacation of premises order on an ex parte basis, the party seeking such order must move the Court for such relief and provide an affidavit with information concerning the appropriateness of such order. This includes the reasons for needing the order, the alternative living arrangements which the party sought to be excluded may have, and the relative income of the parties.
A motion concerning exclusive possession of the marital residence must include a proposed order containing blank spaces for the hearing date and time.
- Document
- Motion
Must include
- •Proposed order
Court's wording
The moving party shall submit a proposed order for use by the Court in the event the motion is granted. The proposed order shall include blank spaces for the insertion of a hearing date and time so the evicted party can have a review hearing before the Magistrate who issued the order.
Emergency ex parte orders shall be requested by written motion with a supporting affidavit.
The party seeking the emergency order may move the Court for the issuance of such order on an ex parte basis by forwarding the motion, supporting affidavits, and self-authenticating documents, to the appropriate Magistrate (or in the Magistrate's absence, an available Judge) and/or depositing them with the Court's secretary.
An emergency ex parte motion must include a proposed order with blank spaces for the opposing party's review-hearing date and time.
- Document
- Motion
Must include
- •Proposed order
Court's wording
The moving party shall submit a proposed Order for use by the Court in the event the motion is granted. The proposed Order shall include blank spaces for the insertion of a hearing date and time so the opposing party can have a review hearing regarding the ex parte order.
Each motion shall have attached an affidavit of counsel setting forth the attempts made to obtain compliance with discovery requests.
In all initial divorce filings involving minor children of the marriage, the parties shall file the following forms:
Initial divorce filings without minor children must include the listed forms, with an ind igency affidavit or fee deposit when applicable, temporary-order forms when requested, and a request for service, waiver, or service form.
Court's wording
In all initial divorce filings without minor children of the marriage, the parties shall file the following forms: REQUIRED DOCUMENTS FOR DIVORCE WITHOUT CHILDREN Name of Form Number of Form NEW CASE DESIGNATION FORM 49 COMPLAINT FOR DIVORCE WITHOUT CHILDREN 6 AFFIDAVIT OF INCOME AND EXPENSES 1 AFFIDAVIT OF PROPERTY AND DEBT 2 MOTION TO PROCEED WITHOUT ADVANCING A FILING 47 FEE DEPOSIT (if not making deposit) INDIGENCY AFFIDAVIT (if not making deposit) 38 MOTION AND AFFIDAVIT OR COUNTER AFFIDAVIT 5 FOR TEMPORARY ORDERS WITHOUT ORAL HEARING (if asking for temporary orders) REQUEST FOR SERVICE or WAIVER or SERVICE 31 or 30
Any stipulations shall be reduced to writing and submitted to the Court prior to the commencement of final hearing.
If child support is in issue, then each party shall file a proposed child support worksheet at least 10 days prior to the trial with proof of income attached thereto.
Each party shall provide the opposing party and the Court with a complete list of witnesses, in the anticipated order they will be presented.
Each party shall file an updated financial affidavit and updated property affidavit at least 10 days prior to the trial.
At the final divorce hearing, each party shall prepare and file with the Clerk of Courts a trial memorandum stating the party's position with respect to each disputed issue and briefing any disputed point of law.
Each party shall prepare an exhibit list identifying all exhibits intended to be introduced at the final divorce hearing and shall mark all exhibits (plaintiff alpha and defendant numeric).
Each party shall provide the opposing party and the Clerk of Courts with a copy of the party's exhibit list and provide opposing counsel copies all marked exhibits at the final pretrial.
INDIGENCY AFFIDAVIT (if not making a deposit) 38
AFFIDAVIT OF PROPERTY AND DEBT 2
NEW CASE DESIGNATION FORM 49
In all initial dissolution filings with minor children of the marriage, the parties shall file the following forms:
PARENTING PROCEEDING AFFIDAVIT 3
PARENTING PLAN (if not in Separation Agreement) or SHARED PARENTING PLAN 20 or 21
HEALTH INSURANCE AFFIDAVIT 4
PETITION FOR DISSOLUTION AND WAIVER OF SERVICE OF SUMMONS 17
MOTION TO PROCEED WITHOUT ADVANCING A FILING FEE DEPOSIT 47
AFFIDAVIT OF INCOME AND EXPENSES 1
PROPOSED JUDGMENT ENTRY OF DISSOLUTION (shall be submitted prior to or at final hearing) 18
CHILD SUPPORT WORKSHEET (Completed Correctly)* 34 or 35
APPLICATION FOR CHILD SUPPORT SERVICES FORM * 33
SEPARATION AGREEMENT 19
PROPOSED JUDGMENT ENTRY OF DISSOLUTION (shall be 18 submitted prior to or at final hearing)
- Document
- Initial dissolution filing without children
Must include
- •Proposed order
When the parties seek a $0 support order or deviate from the calculated child-support obligation, the pleadings must specifically state the statutory reasons for the deviation and why it serves the children’s best interests.
Court's wording
If Ohio statutory child support guideline calculations indicate that a child support obligation must be imposed upon one of the parties, but the parties have agreed either: (1) not to exchange child support (which must be referred to as a “$0 support order”, as opposed to a “no support order”) or (2) deviate from the calculated amount, the pleadings must state with particularity, the reasons for said deviation as specified in O.R.C.§3119.22, §3119.23,§ 3119.231, and §3119.24 as applicable, and further the reasons the deviation is in the best interests of the minor children.
All judgment entries containing an order for child support or spousal support shall state the effective date of each order. Each Judgment Entry containing an order for child support shall state the support in terms of the amount per month, and the amount of cash medical support, all without processing charge. Each Judgment Entry containing an order for spousal support shall state the support in terms of the amount per month, without processing charge.
In addition, the JUDGMENT ENTRY OF DISSOLUTION OF MARRIAGE shall contain the finding that the amount of child support calculated by the statutory child support guidelines are unjust, unfair, and not in the best interest of the children.
The Judgment Entry shall reflect the Court's ruling on all issues raised at the time of trial before the Magistrate and raised at the objections hearing, but not those expressly reserved for further proceedings.
In any case wherein the child support guidelines are not imposed as calculated, the SEPARATION AGREEMENT and the proposed JUDGMENT ENTRY OF DISSOLUTION OF MARRIAGE must state with particularity, the reasons for the deviation as per O.R.C. §3119.22, §3119.23, §3119.231 and §3119.24
A proposed JUDGMENT ENTRY OF DISSOLUTION OF MARRIAGE (Form# 18) shall be presented to the Court prior to or at the dissolution hearing.
- Document
- Proposed judgment entry of dissolution
Must include
- •Proposed order
Each judgment containing an order for child support (including orders where support is set at $0) shall include provisions for health insurance coverage for the children as provided in O.R.C. §3119.29 through §3119.371 inclusive.
A Qualified Domestic Relations Order (QDRO), or other comparable order must be submitted with the Judgment Entry of Divorce or Dissolution or as soon as possible thereafter, where applicable.
All Judgment Entries pertaining to matters that were referred to a Magistrate shall be approved and signed by the Magistrate prior to their submission to the Judge.
The Court may order or direct either party or counsel to prepare and present for journalization the Judgment Entry required by subsection 12.01 of this rule. Such party or counsel shall prepare a proper entry and submit same to the opposing party or counsel.
In the event of rejection, the opposing party or counsel shall file with the Court, at the time of such rejection, either a written statement of the objections to the proposed Judgment Entry or that party's own proposed Judgment Entry.
A proposed QDRO or comparable order must first go to the assigned magistrate for review and approval before referral to the judge and must include a magistrate approval line.
Court's wording
A Qualified Domestic Relations Order (QDRO), or other comparable order must be first submitted to the Magistrate assigned to the case for review and approval before being referred to the assigned Judge. Each proposed QDRO, or other comparable order must include an approval line for the Magistrate assigned to the case.
A motion to set aside a magistrate's order must specifically identify the party's objections and state whether a hearing transcript has been requested, although the motion does not require a transcript.
Court's wording
Motions to set aside a Magistrate's order shall be filed no later than ten (10) days after the Magistrate's order is entered and must state, with specificity, the party's objections to the Magistrate's Order and whether or not a transcript of the hearing has been requested to be prepared in support of the motion. Transcripts are not required when filing a motion to set aside a Magistrate's order.
Each post-decree motion that has a pretrial hearing requested must include a "Notice of Pretrial Hearing" with the hearing date and time and method of hearing on the original and copies for service.
The objecting party shall specifically state in his/her objections that he/she has or has not requested a transcript of all or part of the proceedings before the Magistrate.
At the time of filing a post-decree motion, a party or attorney shall request a pretrial hearing date from the Magistrate or Judge’s scheduler prior to filing the motions.
If neither party requests a transcript, a supporting memorandum must accompany objections.
Filing & Service rules
Electronic Filing Rules
Facsimile filings are prohibited.
Filings via facsimile are not accepted.
Page 2 | Rule 1: Filings and Exhibits
Admitted exhibits capable of being filed must be electronically filed with the clerk after trial, while the remaining exhibits are submitted directly to the court at trial.
All admitted exhibits that are capable of being filed shall be electronically filed with the Clerk of Courts after the trial, with the balance submitted directly to the Court at trial.
Page 21 | C) Final Pretrial
All filings should be filed electronically where practicable.
Where practicable, all filings are to be filed electronically.
Page 2 | Rule 1: Filings and Exhibits
Filing Timing and Cure Windows
When requested by the Court, parties must file trial briefs at least one day before trial, stating their factual and legal cases and identifying anticipated legal issues, and furnish copies to opposing counsel before trial.
At least one (1) day prior to trial, if requested by the Court, the parties shall file trial briefs with the judge stating their respective cases, both factual and legal, and bring to the Court's attention and anticipated legal issues which counsel expects to arise during the trial. Copies shall be furnished to opposing counsel prior to trial.
Page 4 | E. Trial 2. Trial briefs
Motions in limine must be filed at least three days before trial unless good cause is shown.
Motions in limine shall be filed not less than three (3) days prior to trial, except for good cause shown.
Page 4 | E. Trial 1. Motions in limine
A party objecting to a proposed judgment entry must file the objection within seven days after receipt.
If any party objects to the proposed judgment entry, they shall file their objection within seven days of receipt of the proposed judgment entry.
Page 5 | Rule 6: Judgment Entries
Written transcripts must be filed with the clerk within 30 days after the praecipe is filed, and that deadline may be extended only with leave of the court.
All transcripts shall be filed with the Clerk of Courts within thirty (30) days of the filing date of the praecipe. The time for the filing of the written transcript shall not be extended without leave of the Court.
Page 17 | 8.02 PREPARATION AND FILING OF WRITTEN TRANSCRIPTS
A motion to compel or for sanctions must be filed by the pretrial date or another date set by the court.
All motions to compel or for sanctions must be filed by the pretrial or other date set by the Court.
Page 17 | 9.03 MOTIONS TO COMPEL AND SANCTIONS
For an uncontested divorce, the proposed judgment entry and any applicable separation or parenting plans must be submitted to the clerk at least seven days before the hearing.
A proposed Judgment Entry shall be submitted to the Clerk of Courts, along with any Separation Agreement, and if applicable Parenting Plan or Shared Parenting Plan, at least seven (7) days prior to the uncontested hearing.
Page 19 | 10.03 UNCONTESTED DIVORCES
A judgment entry must be journalized within 30 days after the judge announces the decision, or within 30 days after a magistrate’s decision when no objections are filed.
The Judgment Entry required by Rule 58 of the Ohio Rules of Civil Procedure shall be journalized within thirty (30) days of the date the decision is announced by the Judge, or within thirty (30) days of the date of a Magistrate's Decision if no objections are filed.
Page 24 | 12.01 WHEN JOURNALIZED
The opposing party or counsel has five days to approve or reject a submitted Judgment Entry, subject to the stated exceptions for uncontested matters and dissolutions of marriage.
The opposing party or counsel shall have five (5) days to approve or reject the Judgment Entry.
Page 25 | 12.04 PREPARATION OFJUDGMENT ENTRY
A motion to set aside a magistrate's order must be filed within 10 days of entry and specifically state the objections and whether a hearing transcript has been requested; a transcript itself is not required when filing the motion.
Motions to set aside a Magistrate's order shall be filed no later than ten (10) days after the Magistrate's order is entered and must state, with specificity, the party's objections to the Magistrate's Order and whether or not a transcript of the hearing has been requested to be prepared in support of the motion.
Page 26 | 13.03 PRETRIAL MAGISTRATE'SORDERS
A responding party seeking all or part of a transcript must notify the court in writing within 10 days after filing objections.
If the responding party wants all or part of a transcript, he/she shall notify the Court in writing within ten (10) days of the date on which the objections were filed.
Page 27 | 13.04 MAGISTRATE'S DECISION
Counsel for every objecting party must file a memorandum supporting objections within 10 days after all transcripts are filed.
Counsel for all objecting parties shall file a memorandum in support of objections within ten (10) days of the filing of all transcripts.
Page 27 | 13.04 MAGISTRATE'S DECISION
The opposing party must file a responding memorandum within 10 days after the objecting party's memorandum is filed.
The opposing party shall file his/her responding memorandum within ten (10) days of the date on which the objecting party's memorandum was filed.
Page 27 | 13.04 MAGISTRATE'S DECISION
Unless the court orders otherwise, the witness list and exhibit list are due no later than 14 days before the final hearing.
Unless otherwise ordered by the Court, a Witness List and Exhibit List shall be filed no later than fourteen (14) days prior to final hearing.
Page 28 | 14.01 POST-DECREE MOTIONS
The Guardian ad litem must file and serve the final report at least 30 days before the final hearing; if it is not timely provided, a continuance may be granted at either party’s request.
The Guardian ad litem shall file and serve a final report at least 30 days prior to the date of the final hearing and in the event that the report is not timely provided, a continuance may be granted upon the request of either party.
Page 29 | 15.03 RESPONSIBILITIES OF THE GUARDIAN AD LITEM
A party requesting appointment of a Guardian ad litem must file a written request no later than 90 days before the custody or parenting-time hearing, subject to adjustment by the Court in the interest of justice.
Any party who requests the appointment of a Guardian ad litem shall file a written request no later than ninety days prior to the hearing scheduled to determine custody or parenting time issues. The Court, in the interest of justice, may adjust the time for making a request for the appointment of a Guardian ad litem.
Page 29 | 15.01 REQUESTING THE APPOINTMENT OF A GUARDIAN AD LITEM
The original psychological or custody evaluation report must be transmitted to and held by the assigned Judge’s or Magistrate’s assistant, no later than 45 days before the final hearing or by the Court-ordered date, whichever applies.
The original report shall be transmitted to and held by the assigned Judge's or Magistrate’s assistant (not the Clerk of Courts) by the date ordered by the Court but, in any event, no later than forty-five (45) days before the scheduled final hearing.
Page 30 | 16.02 REPORTS
The responding party has seven days to submit a written response to a motion to compel or for sanctions.
The responding party shall have seven (7) days to respond in writing.
Page 17 | 9.03 MOTIONS TO COMPEL AND SANCTIONS
Service and Proof of Service Rules
The attorney's client and opposing counsel or party must be served in connection with a motion to withdraw, with the service reflected in the certificate of service.
Attorneys seeking to withdraw as counsel shall file a written motion and a proposed order. The attorney's client and opposing counsel or party must be served, and that service must be reflected in the certificate of service.
Page 13 | Domestic Relations
If a continuance motion is granted, the Clerk of Courts must serve the order on the moving party and all other parties listed in the motion's certificate of service.
If the motion is granted, the Clerk of Courts shall serve the Order on the moving party and all other parties listed in the certificate of service of the motion.
Page 14 | Continuances
Contempt motions must be served on the alleged contemnor by certified or express mail, commercial carrier, personal service, or residential service.
All motions for contempt shall be served upon the alleged contemnor by service by United States certified or express mail or service by commercial carrier service, personal service, or residential service.
Page 28 | 14.02 CONTEMPT
A copy of the psychological or custody evaluation report must be sent to the Guardian ad litem.
A copy of the report shall be sent to the Guardian ad Litem.
Page 30 | 16.02 REPORTS
Parties may not disseminate the evaluation report or allow a third party to disseminate it; violations may be punished by contempt.
Parties shall not disseminate, nor allow any third party to disseminate the report to anyone. A violation of this rule shall be punishable by contempt.
Page 30 | 16.02 REPORTS
Any written Guardian ad litem report must be served on each represented party’s counsel and, for an unrepresented party, served directly on that party.
Any written report prepared by the Guardian ad litem shall be served on counsel of record to each party in the action and if a party is unrepresented, to the party directly.
Page 30 | 15.03 RESPONSIBILITIES OF THE GUARDIAN AD LITEM
Notice of filing another state's parenting decree must be given to the respondent in accordance with O.R.C. §§ 3127.07 and 3127.19.
Notice of filing of a parenting decree from another state shall be made in accordance with O.R.C. §3127.07 and §3127.19.
Page 40 | 20.04 Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)
A copy of every document filed in a UCCJEA proceeding must be sent to the court that initiated the out-of-state parenting decree.
A copy of all documents filed shall be sent to the initiating Court.
Page 40 | 20.04 Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)
A copy of the written extension request must be served on all counsel of record and all unrepresented parties.
A copy shall be served upon all counsel of record all parties not represented by counsel.
Page 2 | Rule 3: Time Extensions
Filing Fees and Waivers
A party filing a civil action or proceeding must provide a cost deposit under the amended Exhibit B schedule unless otherwise provided by law.
The party or parties filing a civil action or proceeding shall deposit a sum to secure the payment of the costs that may accrue in such action or proceeding, except as otherwise provided by law. Such deposit shall be in accordance with the attached schedule marked Exhibit B, as it shall be amended from time to time.
Page 2 | Rule 2: Cost Deposits
A $600 additional fee is due when each Alias Precipe for Order of Sale is filed.
An additional fee of $600.00 will be required at the time of the filing of each Alias Precipe for Order of Sale.
Page 6 | Rule 10: Judicial Sales of Real Estate
A party requesting a transcript must deposit an amount equal to the estimated transcript cost with the court reporter within 5 days.
Any party requesting a transcript shall, concurrent with the filing of his/her objections or notification with the Court, file a praecipe for the transcript with the Clerk of Courts and Court reporter and deposit, within five (5) days, an amount equal to the estimated costs of the transcript with the Court reporter.
Page 27 | 13.04 MAGISTRATE'S DECISION
Unless the Court orders otherwise, the requesting party must deposit $1,000 with the Clerk of Courts when filing the Guardian ad litem request.
Unless otherwise ordered by the Court, the party requesting the appointment of a Guardian ad litem shall deposit the sum of $1,000.00 with the Clerk of Courts with his/her request.
Page 29 | 15.01 REQUESTING THE APPOINTMENT OF A GUARDIAN AD LITEM
An obligee filing a foreign-support petition under O.R.C. §§ 3115.601–3115.616 is not required to pay a filing fee.
An obligee who files a petition pursuant to O.R.C. §3115.601through O.R.C. §3115.616 is not required to pay filing fees.
Page 40 | 20.03 Special Rules of Evidence and Procedure – Foreign Support Orders
Sealing & Redaction Procedures
Unless the court orders otherwise, transcripts of in-camera interviews of minor children must be delivered to the court secretary for filing outside the case file and may not be read, copied, or removed from court possession.
Unless otherwise ordered by the Court, all transcripts prepared from in camera interviews of minor children shall be delivered to the Court secretary for filing outside of the Court case file. Said transcripts shall not be read, copied, nor removed from the Court's possession for any reason by any person, party or attorney.
Page 17 | 8.03 SEALING OF IN CAMERA INTERVIEWS OF MINOR CHILDREN
Adjournment & Extension Requirements
If no prior leave has been obtained, a party may receive one automatic leave of no more than 28 days by filing a written certification with the clerk for court approval.
When no previous leave to plead has been taken, the party may obtain one automatic leave to plead by filing with the Clerk a certification in which such party certifies that he has not previously obtained a leave to plead in that case. Such leave to plead may not be for more than twenty-eight days, measured from the date of filing with the Clerk, and shall be in written form with a provision for approval by the Court.
Page 2 | Rule 3: Time Extensions
Continuance requests must be submitted as early as possible by motion and proposed journal entry, stating the reason and the current assignment information, and obtaining a new date from the Assignment Commissioner if granted.
Requests for continuances shall be submitted to the assigned judge as early as possible. Requests for continuance shall be by motion and proposed journal entry, which shall include: WayneCountyCommonPleasCourt–LocalRules Page 3 ===== PAGE 4 ===== (a) The reason for the request. If the reason is another case scheduled on the same date in another court, the motion shall include the name of the court, the case caption, the date and time of the conflicting case, and the date that the conflicting case was assigned for trial; (b) The time and date of the current assignment; (c) new date obtained from the Assignment Commissioner in the event the Court grants the motion for continuance.
Page 4 | D. Continuances
Permission to withdraw may not be granted within 30 days of the scheduled trial or hearing, except for good cause shown.
Permission to withdraw may not be granted within 30 days of the scheduled trial or hearing, except for good cause shown.
Page 13 | Domestic Relations
A continuance motion must be written, state the specific reason, and describe contact with the opposing counsel or self-represented party and that party's agreement or objection.
No continuances of any hearing shall be considered unless the movant complies with the following requirements: A) Motions must be in writing and state the specific reason for the request. B) The motion must contain a statement that the opposing counsel or self- represented party was contacted or a good faith attempt to contact was made, and that contact was unable to be made, the opposing counsel or party either objects object to the continuance, or the opposing counsel or party agrees to the continuance.
Page 13 | Continuances
A party seeking additional time to file a pleading may obtain leave by court order.
When a party desires an extension of time to file a pleading, including an answer, motion, reply to a counterclaim, answer to a cross-claim, answer to a third party complaint, answer to interrogatories, and response to request for admissions, such party may obtain leave to plead by order of the Court.
Page 2 | Rule 3: Time Extensions
The court may extend or modify the magistrate-decision timetable for good cause upon either party's written request.
For good cause shown, the Court may extend or modify the timetable set forth herein upon written request of either party.
Page 27 | 13.04 MAGISTRATE'S DECISION