Wayne County Court of Common Pleas, General & Domestic Relations Divisions Document Filing Requirements

CRITICAL

Applies to

Written stipulation

All stipulations must be reduced to writing and submitted to the court before the final hearing begins.

Any stipulations shall be reduced to writing and submitted to the Court prior to the commencement of final hearing.

CRITICAL

Applies to

Indigency affidavit

An Indigency Affidavit, Form 38, is required if the party is not making a filing-fee deposit.

INDIGENCY AFFIDAVIT (if not making a deposit) 38

CRITICAL

Applies to

Judgment entry containing support order

A judgment containing child- or spousal-support orders must state the effective date; child-support orders must state the monthly amount and cash medical support without a processing charge, while spousal-support orders must state the monthly amount without a processing charge.

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.

CRITICAL

Applies to

Proposed judgment entry

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

Such proposed judgment entry shall be filed and sent to all parties and/or their counsel for review.

CRITICAL

Applies to

Judgment entry of dissolution

When the statutory child-support amount is not imposed as calculated, the judgment entry must find that the calculated amount is unjust, unfair, and not in the children’s best interest.

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.

CRITICAL

Applies to

Agreed entry

An agreed entry changing financial responsibilities for children must include a child support calculation worksheet and income verification executed by each parent.

If the agreed entry includes a change in financial responsibilities for the children, the agreed entry must be accompanied by a child support calculation worksheet with attached verification of income executed by each parent.

CRITICAL

Applies to

Subsequent pleading

Must include

caption

Subsequent pleadings must identify the parties, case number, assigned judge, and magistrate when applicable.

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.

CRITICAL

Applies to

Initial divorce filing without minor children

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.

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

CRITICAL

Applies to

Proposed qdro or comparable order

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.

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.

CRITICAL

Applies to

Judgment entry

The judgment entry must reflect the court’s rulings on all issues raised at the magistrate trial and objections hearing, while excluding issues expressly reserved for further proceedings.

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.

CRITICAL

Applies to

Affidavit of property and debt

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

AFFIDAVIT OF PROPERTY AND DEBT 2

CRITICAL

Applies to

Motion

An emergency ex parte order must be requested by written motion supported by an affidavit.

Emergency ex parte orders shall be requested by written motion with a supporting affidavit.

CRITICAL

Applies to

Judgment entry

A judgment awarding child support, including support set at $0, must include health-insurance coverage provisions for the children under the cited Ohio Revised Code sections.

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.

CRITICAL

Applies to

Pleading

Must include

certificate of service

For every pleading filed after the initial pleading, the certificate of service must identify each person served, the service date, and the applicable address, email address, or fax number.

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.

CRITICAL

Applies to

Proposed child support worksheet

When child support is disputed, each party must file a proposed child support worksheet with proof of income at least 10 days before trial.

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.

CRITICAL

Applies to

Initial dissolution filing without children

Must include

proposed order

An initial dissolution filing without minor children must include a proposed judgment entry of dissolution submitted before or at the final hearing.

PROPOSED JUDGMENT ENTRY OF DISSOLUTION (shall be 18 submitted prior to or at final hearing)

CRITICAL

Applies to

Judicial sale certification

Must include

local rule certificate

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

a. Filing of the Complaint (or other pleading seeking a judicial sale of real estate): Wayne County Judicial Sale Certification 13-A;

CRITICAL

Applies to

Itemized statement of attorney fees

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

3. The amount the attorney expects to be compensated for said services.

CRITICAL

Applies to

Initial filing

Must include

caption

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

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.

CRITICAL

Applies to

Motion

A party seeking an ex parte order requiring the other party to vacate the marital residence must file a motion and supporting affidavit addressing the reasons for the order, the excluded party's alternative living arrangements, and the parties' relative income.

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.

CRITICAL

Applies to

Separation agreement and proposed judgment entry of dissolution

If child-support guidelines are not imposed as calculated, the separation agreement and proposed dissolution judgment must specifically state the statutory reasons for the deviation.

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

CRITICAL

Applies to

New case designation form

A New Case Designation Form, Form 49, is required in an initial dissolution filing with minor children.

NEW CASE DESIGNATION FORM 49

CRITICAL

Applies to

Witness list

Each party must provide the opposing party and court with a complete witness list in the anticipated presentation order.

Each party shall provide the opposing party and the Court with a complete list of witnesses, in the anticipated order they will be presented.

CRITICAL

Applies to

Itemized statement of attorney fees

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

2. A detailed accounting of the time which the attorney has been involved in the case.

CRITICAL

Applies to

Updated financial and property affidavits

Each party must file updated financial and property affidavits at least 10 days before trial.

Each party shall file an updated financial affidavit and updated property affidavit at least 10 days prior to the trial.

CRITICAL

Applies to

Trial memorandum

At the final divorce hearing, each party must prepare and file a trial memorandum stating its position on disputed issues and briefing disputed points of law.

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.

CRITICAL

Applies to

Guardian ad litem appointment request

A person wishing to serve as a Guardian ad litem must submit a letter of intention and all documents required by Rule 48 of the Ohio Supreme Court Rules of Superintendence.

Any person who wishes to serve as a Guardian ad litem shall submit to the Court a letter of intention together with any and all documents as are required in Rule 48 of the Ohio Supreme Court Rules of Superintendence.

CRITICAL

Applies to

Contempt motion

A contempt motion must be served on the alleged contemnor under the Civil Rules and include a compliant Summons and Order where applicable.

All motions for contempt must be served on the alleged contemnor in accordance with Civil Rules and must also be accompanied by a Summons and Order in a form that complies with O.R.C. §2705.031 or its successor, where applicable.

CRITICAL

Applies to

Post decree motion

Must include

caption

Post-decree motions must list the parties in the same plaintiff-defendant order used on the original dissolution petition.

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.

CRITICAL

Applies to

Proposed judgment entry of dissolution

Must include

proposed order

A proposed judgment entry of dissolution must be presented to the court before or at the dissolution hearing.

A proposed JUDGMENT ENTRY OF DISSOLUTION OF MARRIAGE (Form# 18) shall be presented to the Court prior to or at the dissolution hearing.

CRITICAL

Applies to

Exhibit list

Each party must prepare an exhibit list identifying and marking all exhibits intended for the final divorce hearing.

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).

CRITICAL

Initial dissolution filings involving minor children must include the listed required forms.

In all initial dissolution filings with minor children of the marriage, the parties shall file the following forms:

CRITICAL

Applies to

Post decree motion

A post-decree motion with a requested pretrial hearing must include a notice stating the hearing date, time, and method on the original and service copies.

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.

CRITICAL

Applies to

Parenting proceeding affidavit

A Parenting Proceeding Affidavit, Form 3, is required in an initial dissolution filing with minor children.

PARENTING PROCEEDING AFFIDAVIT 3

CRITICAL

Applies to

Objections

An objecting party must state in the objections whether a transcript of any or all of the proceedings has been requested.

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.

CRITICAL

Applies to

Exhibit list

At final pretrial, each party must provide the opposing party and clerk with the exhibit list and opposing counsel with copies of all marked exhibits.

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.

CRITICAL

Applies to

Evaluation report receipt

After receiving the original evaluation report, the Judge’s or Magistrate’s assistant must notify the Clerk of Courts for time-stamping and docketing, and the Magistrate’s assistant must retain the report.

The Judge's or Magistrate’s assistant shall upon receipt, submit a notification of receipt of the report to the Clerk of Courts to be time-stamped and docketed and the Magistrate’s assistant shall retain the report.

CRITICAL

Applies to

Parenting plan or shared parenting plan

A Parenting Plan, or if not included in the Separation Agreement, a Shared Parenting Plan, Forms 20 or 21, is required.

PARENTING PLAN (if not in Separation Agreement) or SHARED PARENTING PLAN 20 or 21

CRITICAL

Applies to

Itemized statement of attorney fees

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

All counsel requesting compensation for their services shall submit an itemized statement under oath to the Court which shall contain the following information:

CRITICAL

Applies to

Qdro or comparable order

A QDRO or comparable order must accompany the Judgment Entry of divorce or dissolution, or be submitted as soon as possible afterward when applicable.

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.

CRITICAL

Applies to

Petition

Must include

proposed order

A petition registering a foreign child-support order must include a proposed judgment entry adopting that order.

8) A proposed Judgment Entry adopting the foreign child support order.

CRITICAL

Applies to

Initial divorce filing involving minor children

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

In all initial divorce filings involving minor children of the marriage, the parties shall file the following forms:

CRITICAL

Applies to

Motion

Must include

proposed order

A motion concerning exclusive possession of the marital residence must include a proposed order containing blank spaces for the hearing date and time.

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.

CRITICAL

Applies to

Health insurance affidavit

A Health Insurance Affidavit, Form 4, is required in an initial dissolution filing with minor children.

HEALTH INSURANCE AFFIDAVIT 4

CRITICAL

Applies to

Petition for dissolution and waiver of service of summons

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

PETITION FOR DISSOLUTION AND WAIVER OF SERVICE OF SUMMONS 17

CRITICAL

Applies to

Motion to proceed without advancing a filing fee deposit

A motion to proceed without advancing a filing fee deposit, Form 47, is listed as a required document for an initial dissolution filing with minor children.

MOTION TO PROCEED WITHOUT ADVANCING A FILING FEE DEPOSIT 47

CRITICAL

Applies to

Judgment entry

A Judgment Entry in a matter referred to a magistrate must be approved and signed by that magistrate before submission to the judge.

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.

CRITICAL

Applies to

Post decree motion

Before filing a post-decree motion, the party or attorney must request a pretrial hearing date from the magistrate or judge's scheduler.

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.

CRITICAL

Applies to

Agreed entry

When the agreed change involves minor children, the agreed entry must include parent proceeding affidavits executed by each parent using Form 3.

If it involves minor children, the agreed entry must be accompanied by parent proceeding affidavits executed by each parent (Form #3);

CRITICAL

Applies to

Affidavit of income and expenses

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

AFFIDAVIT OF INCOME AND EXPENSES 1

CRITICAL

Applies to

Pretrial filing

Unless the court orders otherwise, the witness list and exhibit list must be filed 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.

CRITICAL

Applies to

Objections

If neither party requests a transcript, a memorandum supporting the objections must be filed with the objections.

If neither party requests a transcript, a supporting memorandum must accompany objections.

CRITICAL

Applies to

Proposed judgment entry of dissolution

A Proposed Judgment Entry of Dissolution, Form 18, must be submitted before or at the final hearing.

PROPOSED JUDGMENT ENTRY OF DISSOLUTION (shall be submitted prior to or at final hearing) 18

CRITICAL

Applies to

Temporary custody motion

Must include

proposed order

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.

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.

CRITICAL

Applies to

Judgment entry

When the Court orders or directs preparation of a Judgment Entry, the designated party or counsel must prepare a proper entry and submit it to the opposing party or counsel.

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.

CRITICAL

Applies to

Motion for continuance

Must include

proposed 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.

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.

CRITICAL

Applies to

Motion to set aside magistrates order

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.

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.

CRITICAL

Applies to

Proposed order confirming sale

Must include

local rule certificate

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

d. Submission of the proposed order confirming the sale (Order of Confirmation and Distribution, etc.): Wayne County Judicial Sale Certification 13-D.

CRITICAL

Applies to

Agreed entry

The agreed entry must specifically state modified child-support, medical-expense, medical-support, tax-dependency, parenting-time, and other relevant care provisions, and identify the obligor's employer name and address.

The agreed entry must specifically set forth modified provisions regarding child support, payment of medical expenses, medical support, tax dependency exemption, parenting time and all other modified provisions, if relevant to the care of the child or children, and the name and address of Obligor's employer.

CRITICAL

Applies to

Guardian ad litem final report

The Guardian ad litem’s final report must include an itemized bill of time spent.

The Guardian ad litem shall attach an itemized bill of time spent to the final report.

CRITICAL

Applies to

Motion to compel or sanctions

Each motion to compel or for sanctions must include an affidavit of counsel describing the attempts made to obtain compliance with discovery requests.

Each motion shall have attached an affidavit of counsel setting forth the attempts made to obtain compliance with discovery requests.

CRITICAL

Applies to

Exhibit a

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

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.

CRITICAL

Applies to

Proposed order or judgment entry

Must include

local rule certificate

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

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;

CRITICAL

Applies to

Child support worksheet

A correctly completed Child Support Worksheet, Form 34 or 35, is required even if child support is not requested.

CHILD SUPPORT WORKSHEET (Completed Correctly)* 34 or 35

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order, certificate of service

An attorney seeking withdrawal must file a written motion and proposed order, serve the client and opposing counsel or party, and reflect that service 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.

CRITICAL

Applies to

Motion

For an emergency ex parte order, the motion, supporting affidavits, and self-authenticating documents must be forwarded to the appropriate Magistrate or available Judge, or deposited with the court's secretary.

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.

CRITICAL

Applies to

Objections or proposed judgment entry

If the proposed Judgment Entry is rejected, the opposing party or counsel must file objections or their own proposed Judgment Entry with the Court at the time of rejection.

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.

CRITICAL

Applies to

Dissolution pleadings

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.

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.

CRITICAL

Applies to

Itemized statement of attorney fees

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

1. The attorney’s usual hourly rate and a designation s to whether he represents a plaintiff or defendant.

CRITICAL

Applies to

Transcript request

A transcript requester must file a transcript praecipe concurrently with the request or objections and deposit 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.

CRITICAL

Applies to

Guardian ad litem appointment request

All persons seeking appointment as a Guardian ad litem must satisfy the requirements of Rule 48 of the Ohio Supreme Court Rules of Superintendence.

In order to be appointed as a Guardian ad litem, all persons must satisfy the requirements found in Rule 48 of the Ohio Supreme Court Rules of Superintendence.

CRITICAL

Applies to

Verified petition

Enforcement or modification of another state's parenting decree requires filing a verified petition with the Clerk of Courts.

A verified petition requesting enforcement or modification of a parenting decree of another state shall be filed with the Clerk of Courts.

CRITICAL

Applies to

Motion

Must include

proposed order

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

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.

CRITICAL

Applies to

Application for child support services form

An Application for Child Support Services Form, Form 33, is required even if child support is not requested.

APPLICATION FOR CHILD SUPPORT SERVICES FORM * 33

CRITICAL

Applies to

Precipe for order of sale

Must include

local rule certificate

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

c. Filing of the Precipe for Order of Sale: Wayne County Judicial Sale Certification 13-C; and

CRITICAL

Applies to

Motion

A motion requesting a hearing must include a signed notice stating the hearing information obtained from the assigned judge's or magistrate's scheduler.

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.

CRITICAL

Applies to

Separation agreement

SEPARATION AGREEMENT 19

SEPARATION AGREEMENT 19

CRITICAL

Applies to

Agreed entry

An agreed entry must be accompanied by a motion requesting the change and affidavits executed by each parent stating agreement and specific facts supporting voluntariness, fairness, and any required best-interest determination.

The agreed entry must be accompanied by a motion requesting the change with affidavits attached and executed by each parent indicating their agreement and setting forth specific facts from which the Court can make a determination of whether the agreed change is voluntary, fair, and if it involves minor children, is in the best interest of the children;

WARNING

Applies to

Judicial sale certification

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

This rule shall not be applicable to tax foreclosures instituted by the county Treasurer pursuant to Chapter 323 and Chapter 5721 of the Ohio Revised Code.

WARNING

Applies to

Transcript request praecipe

Requests for written transcripts must be submitted by written praecipe to the assigned official court reporter.

All requests for the preparation of written transcripts of proceedings before the Court shall be made by written praecipe to the assigned official Court reporter.

WARNING

Applies to

Judgment entry

If the opposing party or counsel fails to approve or reject the submitted Judgment Entry, the preparer may present it unilaterally with a compliance certification stating compliance and its date.

Upon the failure of the opposing party or counsel to approve or reject any submitted Judgment Entry as provided in D.R. Rule 12.04, the preparer of the entry may unilaterally present the Judgment Entry to the Court for journalization with a certification thereon that the provisions of D.R. Rule 12.04 have been complied with and the date on which such compliance occurred.

INFO

Applies to

Divorce forms

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

Pursuant to Rule 84 of the Ohio Civil Rules of Procedure, this Court will accept the forms contained in the Appendix of Forms to the Ohio Civil Rules of Procedure that have been approved by the Ohio Supreme Court. Litigants may also use other forms that are substantially similar to the forms required in this rule.