Rules of Court
Court of Common Pleas
General Division
Domestic Relations
Columbiana County,
Ohio
TABLE OF CONTENTS
RULE CONTENT OF RULE
1.0 Case Management
1.1 Civil Pretrial/Scheduling Conference
1.2 Continuance in Civil Cases
1.3 Criminal Rule
1.4 Malpractice/Arbitration
1.5 Discovery Procedure
1.7 Assignment of Cases for Trial
1.8 Standby List
2.0 Filing of Pleading, Motions, and Documents
2.1 Leave to Plead
2.2 Pleading in Default
2.3 Amendment to Pleadings
2.4 Notice of Motion and Briefs
2.6 Assignment of Motions for hearing
2.7 Motions for Summary Judgment
2.8 Motions in Limine
3.0 Security of Costs
4.0 Court Files
4.1 Transcripts
5.0 Judgment Entries
6.0 Deleted
7.0 Conduct of Counsel
7.2 Attorneys not to be Sureties
7.4 Conduct of Clients/Witnesses
7.5 Conduct at Trial
8.0 Jurors
9.0 Temporary Orders in Domestic relations Cases
9.1 Parenting Classes
9.2 Parenting Investigations and Psychological Evaluations
9.21 Mediation
9.3 Judgment Entries/Decrees
9.4 Uniform Local Companionship Plan
9.41 Uniform Long Distance Companionship Schedule
9.42 Transitional Schedule for Companionship
9.43 Uniform Companionship Plans
9.5 Documents to be Filed with pleadings
9.55 Support Schedule/Medical Support Order
9.6 Shared Parenting Plan
9.7 In Camera Interview of Children
9.8 General Domestic Relations Trial Practice Rules
9.9 Objections to Magistrate Decisions or Order(s)
9.10 Guardian Ad Litem
10 Notary Public
11 Withdrawal of Counsel
13 Filming and Recording of Trial
14 Arbitration
14.1 Compensation of Arbitration
14.2 Deleted
14.3 Hearings: When and Where Held
14.5 Report and Award
14.6 Right to Appeal
15 Inmate List
16 Court Reporters
16.1 Exhibits and Reporters Notes
17 Miscellaneous
17.1 Miscellaneous: Weapons Search
17.2 Court Security
18 Court Appointments
19 Name and Citation
AMENDMENTS TO RULES OF COURT
Effective 10/15/90
CASE MANAGEMENT
RULE 1.0
The scheduling order shall set the pretrial date and any other matters
appropriate to the particular case.
It is the goal of the Court that the scheduling conference occur approximately
120 days after filing of civil actions, and that counsel will attempt to provide
their own schedule concerning discovery and notify the Court if the case is
one that is subject to arbitration procedures by Statute or Rules of this Court.
(Note: Appendix 1 and Appendix 2 are deleted)
CIVIL PRETRIAL/SCHEDULING CONFERENCE
RULE 1.1
APPENDIX TO RULE 1.1
COURT OF COMMON PLEAS
COLUMBIANA COUNTY, OHIO
)
) Plaintiff ) Case No.: ______________________________)
VS. ) (Type): ________________________________
)
) Judge: _________________________________
Defendant )
) PRE-TRIAL STATEMENT OF:
________________________________
damage, etc., that have been provided to you:
ITEM OF DAMAGE AMOUNT
$
$ $ $ $ $
TOTAL $
Counsel for Plaintiff/Defendant
Dated:
CONTINUANCE IN CIVIL CASES
RULE 1.2
A continuance of cases may be granted only in accordance with the Ohio Rules of Superintendence or upon a showing to the Court of good cause. Generally, the Court shall not grant continuances of matters scheduled before it, absent a showing of good cause, and generally shall not allow the same where counsel has not been diligent.
Every Motion requesting a continuance of a final hearing or trial date shall certify that counsel has informed his client he is requesting a continuance.
CRIMINAL RULE
RULE 1.3
MALPRACTICE / ARBITRATION
RULE 1.4
All cases filed seeking damages for malpractice pursuant to ORC 2305.11, 2305.38, 2307.42, 2711.21, 2323.51, 2323.57, which are subject to optional arbitration by statute, shall be subject to arbitration upon agreement of the parties at the scheduling conference or not later than pretrial, at which time the parties shall notify the Court of their respective designed arbitration and insure that the Court is requested to name its chief arbitrator, who shall be named by the Court within thirty(30) days.
In addition to the advanced Court costs required under these rules, the parties shall, upon agreeing to arbitration, deposit with the Clerk of Courts the sum of $350.00 as deposit towards the chief arbitrators fees.
Revised(10/15/90)
DISCOVERY PROCEDURE
RULE 1.5
(A)
RULE 1.6 is hereby deleted.
ASSIGNMENT OF CASES FOR TRIAL
RULE 1.7
STANDBY LIST
RULE 1.8
There shall be a standby case list for trial. The list shall be published monthly by the Assignment Commissioner on or about the last week of each month for the following month. The standby case list shall include:
FILING OF PLEADING, MOTIONS AND DOCUMENTS
RULE 2.0
TYPE OF CASE
REFERENCE IS MADE TO RULES OF SUPERINTENDENCE IMPLEMENTATION MANUAL FOR DEFINITIONS OF CASE DESIGNATIONS. IF THERE ARE MULTIPLE CLAIMS, ALL CLAIMS SHOULD BE LISTED. IF YOU HAVE ANY DOUBT AS TO THE PARTICULAR TYPE OF ACTION, LIST ALL TYPES OF ACTIONS YOU THINK ARE APPLICABLE.
An appendix example is attached hereto.
(Revised February 1, 1995)
APPENDIX TO RULE 2.0
COURT OF COMMON PLEAS
COLUMBIANA COUNTY, OHIO
JOHN DOE ) Case No.:_________________________
100 Court Street )
Lisbon, Ohio 44432 ) Judge: ___________________________
)
Plaintiff, ) COMPLAINT
vs. )
) 1. Other Tort
Widget Manufacturing ) 2. Personal Injury - Automobile
6020 Air Boulevard ) 3. Jury Demanded
Salem, Ohio 44460 )
)
Defendant, )
This designation shall be for the Courts internal use only and will have no bearing on the substance of any pleading filed and is to be used for informational purposes of the Clerk of Courts and the Court only.
LEAVE TO PLEAD
RULE 2.1
PLEADING IN DEFAULT
RULE 2.2
AMENDMENTS TO PLEADINGS
RULE 2.3
NOTICE OF MOTION AND BRIEFS
RULE 2.4
ASSIGNMENT OF MOTIONS FOR HEARING
RULE 2.6
MOTIONS FOR SUMMARY JUDGMENT
RULE 2.7
Motions for summary judgment shall not be set for oral hearing, unless requested by a party who has entered an appearance on the record, unless the Court determines a hearing necessary. Upon the filing of a motion for summary judgment, the Court shall decide the issues in accordance with Ohio Rule of Civil Procedure 56. The parties shall ensure that the Court has received any depositions or other discovery to make its decision.
MOTIONS IN LIMINE
RULE 2.8
Any and all Motions in Limine shall be filed not less than three(3) days prior to trial, except for good cause shown.
SECURITY FOR COSTS
RULE 3.0
The Clerk of Courts shall require an advance deposit or security for costs before filing of any civil action or proceedings, including action for divorce or alimony. Such advance deposits shall be in accordance with the following schedule:
DISSOLUTION OF MARRIAGE, DIVORCE, ALIMONY $200.00
MONEY ONLY AND OTHER CIVIL ACTIONS:
NO. OF DEFENDANTS
1 TO 2 $ 105.00
3 TO 5 $ 125.00
6 TO 10 $ 175.00
OVER 10 $ 225.00
TO REOPEN A CASE (CIVIL) $ 50.00
TO REOPEN A DOMESTIC RELATIONS CASE $ 82.00
MOTION TO CHANGE CUSTODY $ 82.00
ANSWER AND CROSS-COMPLAINT WITH REQUEST $ 50.00
THIRD PARTY COMPLAINT $ 50.00
PUBLICATION FOR SERVICE $ 300.00
PUBLICATION (UPON THE FILING OF AN ORDER OF SALE) $ 350.00
TO FILE A CERTIFICATE OF JUDGMENT (OTHER COURT) $ 30.00
TO FILE A CERTIFICATE OF JUDGMENT FROM THIS COURT $ 35.00
TO MAKE A CERTIFICATE OF JUDGMENT FOR TRANSFER $ 5.00
RELEASE OF JUDGMENT $ 5.00
NOTICE OF APPEAL (COURT OF APPEALS) $ 73.00
EXECUTION (FOREIGN AND FROM OTHER COURTS) $ 80.00
PROCEEDINGS IN AID OF EXECUTION $ 35.00
(DEBTORS EXAM AND PRECIPE FOR EXECUTION)
COGNOVIT JUDGMENT WITH ONE DEFENDANT $ 92.00
COGNOVIT JUDGMENT WITH TWO DEFENDANTS $ 97.00
COGNOVIT JUDGMENT WITH THREE DEFENDANTS $ 102.00
COGNOVIT JUDGMENT WITH FOUR DEFENDANTS $ 107.00
COGNOVIT JUDGMENT WITH FIVE DEFENDANTS $ 112.00
FOR FILING A GARNISHMENT ACTION $ 50.00
MODIFICATION OF GARNISHMENT ORDER $ 50.00
CERTIFICATE OF GARNISHMENT $ 50.00
INTERIM GARNISHMENT REPORT $ 25.00
FINAL GARNISHMENT REPORT $ 25.00
FOR ARBITRATION FEE $ 350.00
OUT OF COUNTY SERVICE - SHERIFF FEES $ 30.00
NOTICE OF APPEAL OF ARBITRATORS DECISION $ 125.00
(REVISED 10/28/1999)
On motion of the defendant, or request of the Clerk, and if satisfied that such deposit is insufficient, the Court may require it to be increased from time to time, so as to secure all costs that may accrue; but when plaintiff make an affidavit or inability either to prepay or give security for costs, the Clerk shall receive and file the Complaint/Petition. Such affidavit shall be filed with such Complaint/petition and treated as are similar papers in such cases.
When security for costs is given, the surety must be a resident of the county and approved by the Clerk. His obligation shall be complete by endorsing the summons or signing his name on the Complaint/Petition as surety for costs. He shall be bound for the payment of costs which may be adjudged against the plaintiff in the Court in which the action is brought, or any other Court to which it may be carried, and all costs taxed against the plaintiff in such action, he obtains a judgment or not.
Where a poverty affidavit is filed, a hearing may be had thereon at the earliest opportunity and in any case before trial on the merits, at which hearing the Judge may personally examine the party who filed the affidavit and determine whether or not such affidavit is true, it was necessary to file the action or proceeding before the costs could be advanced or secured, or that the costs cannot, at the time of the hearing, be advanced or secured. In the event that the Court finds that such affidavit is untrue or unjustified, he may refer the matter to the Grand Jury for action on the question of perjury or he may dismiss the case or continue it until the costs have been advanced or secured.
The amount of the deposit or security generally required in any type of case shall not be increased without the authority of the Court and until the attorneys shall have had 30 days notice of such increase, except those required by statue.
The Clerk of Courts may, where there are three or more defendants in an action upon which service is requested, or when service by publication is requested at the outset of a lawsuit or at anytime during the pendency of the lawsuit, request additional costs in an amount sufficient to cover the cost of the additional service or service by publication, unless the party requesting the service has made an affidavit in conformance with this rule of the parties inability to pay or give security for costs.
In all cases or matters in which costs are taxed to a particular party, the Clerk shall send a bill for the Court costs to the attorney for the party and to the party. The Court costs shall be paid within 30 days of the receipt of the bill unless an appeal is filed.
COURT FILES
RULE 4.0
Revised 10/15/90
TRANSCRIPTS
RULE 4.1
Once a transcript of a proceeding is filed by the Court Reporter of Official Court Stenographer, it must be preserved in its original format to prevent the possibility of alteration or destruction since it has been certified as correct by the stenographer or shorthand reporter.
Therefore, in accordance with the Ohio Revised Code Sections 2303.09, 2301.24, 2301.25, and other Rules of the Court of Common Pleas, General Division, and the general case law of the State of Ohio, such transcripts may not leave the possession of the Clerk, except for purposes of being examined in the presence of the Clerk of Courts or one of his/her deputy clerks.
Failure to comply with the above Rule may render the transcript/deposition invalid as a correct and certified copy for purposes of the record and subject any party so violating this Rule to payment of the costs and expenses of another official transcript/deposition o be recertified by the Official Reporter.
Any person may request that the Clerk of this Court provide a copy of any filed transcript upon payment of a copying fee to be set by the Clerk. In the case of an indigent party, copying costs may be waived by approval of the Court upon filing of a motion supported by an affidavit of indigency. The Clerk may refer the individual requesting a copy of a transcript to the Official Court Stenographer or an Assistant Court Reporter for a copy which may be provided at the rate set by the Court for such copies.
(New Rule Effective June 1, 1993)
JUDGMENT ENTRIES
RULE 5.0
This shall apply also to judgment entries in domestic relations matters which require the signature of the Magistrate wherein the respective Administrative Assistant shall insure delivery to the Magistrates Office. If there are entries that require immediate signatures, they shall first be presented to the Magistrates secretary.
(Addition effective 6/1/93)
RULE 6.0 IS HEREBY DELETED
CONDUCT OF COUNSEL
RULE 7.0
ATTORNEYS NOT TO BE SURETIES
RULE 7.2
Attorneys shall not become sureties for bail, costs or for any undertaking, bond or recognizance required to be given or entered into by any party in any cause, civil or criminal. The Clerk shall not accept any attorney at law as bail or surety.
CONDUCT OF CLIENTS AND WITNESSES
RULE 7.4
CONDUCT AT TRIAL
RULE 7.5
JURORS
RULE 8.0
TEMPORARY ORDERS IN DOMESTIC RELATIONS CASES
COLUMBIANA COUNTY COURT OF COMMON PLEAS
DOMESTIC RELATIONS
RULES AND FORMS
RULE # DESCRIPTION
9.0 TEMPORARY ORDERS IN DOMESTIC RELATIONS CASE
9.1 PARENTING CLASSES
9.2 PARENTING INVESTIGATIONS AND PSYCHOLOGICAL EVALUATIONS
9.21 MEDIATION
9.3 JUDGMENT ENTRIES/DECREES
9.4 UNIFORM LOCAL COMPANIONSHIP PLAN
9.41 UNIFORM LONG DISTANCE COMPANIONSHIP SCHEDULE
9.42 TRANSITIONAL COMPANIONSHIP SCHEDULE
9.43 UNIFORM COMPANIONSHIP PLANS
9.5 DOCUMENTS TO BE FILED WITH PLEADINGS
9.55 SUPPORT SCHEDULE/MEDICAL SUPPORT ORDER
9.6 SHARED PARENTING PLAN
9.7 IN CAMERA INTERVIEWS OF CHILDREN
9.8 GENERAL DOMESTIC RELATIONS TRIAL PRACTICE RULES
9.9 OBJECTIONS TO MAGISTRATES DECISION OR ORDER
9.10 GUARDIANS AD LITEM
9.11 CONFIDENTIALITY OF FINDINGS
RULE 9.0 TEMPORARY ORDERS IN DOMESTIC RELATIONS CASES
At the commencement of an action for divorce or legal separation, the plaintiff shall file
with the complaint an entry to be approved by the Court, which entry shall order as follows:
A) The allocation of parental rights shall be granted during pendency of the action to the parent who in good faith has actual physical custody of the children. Where both parties are residing in the same household, a temporary parenting order need not be filed. If a temporary parenting order is granted to one party during the pendency of the divorce, then the non-residential party shall have companionship with the minor child(ren) as set forth in the applicable standard Companionship Plan of the Court.
1) The Court may award sanctions for abuse of this section.
B) The non-residential parent shall be ordered to pay temporary support for the
minor children which shall commence the first Friday following the filing of the
Complaint. This temporary support shall be fixed as follows, either/or:
1) For one (1) minor child the sum of Fifty Dollars ($50) per week; for
two (2) minor children the sum of Ninety Dollars ($90) per week; for three
(3) or more minor children, the sum of One Hundred Twenty-five Dollars
($125) per week, unless modified under paragraph 9.2(D) herein.
2) If the income of both parties are known, a child support guideline
work sheet shall be completed and filed with the temporary order and support shall be in that amount. Payment of support in an amount computed according to the child support guideline work sheet, where income of the parties is known shall be used instead of the standard support set out in paragraph (B)(1). Documentation as to income known shall be attached to the worksheet.
3) Any party may seek modification of a temporary child support order by motion which shall have attached to it a child support worksheet and financial affidavit, as required by these Rules. Any modification granted by the Court or Magistrate may be retroactive to the date the order was filed..
4) All child support work sheets that are submitted for the Court's consideration shall contain the words "submitted by Attorney ______________________" and shall contain a description as to the party the attorney represents.
5) All temporary support, whether child support or spousal support, shall be
payable through the Child Support Enforcement Agency of Columbiana County, 126 E. Chestnut, P.O. Box 491, Lisbon, Ohio 44432.
C) Where appropriate, the temporary judgment entry shall include an order that both
parties shall attend Parenting Education Classes in the next session after the filing of the proceeding, or after service of summons, whichever is earlier.
D) Each temporary order shall also contain language restraining all parties to the action from annoying or harassing the other, either directly or indirectly, and prohibiting disposition of marital assets, and Plaintiff's counsel shall serve a copy of the order on Plaintiff.
E) If any party feels aggrieved by a temporary order made in accordance with this Rule, or if any party desires a temporary order with regard to spousal support or allowance for expenses, that party may file a motion with the Court. No such motion, however, will be heard by the Magistrate or the Court unless the party filing it has filed the appropriate financial and parenting proceeding affidavits required by these Rules. The Magistrate and the Magistrate's Administrative Assistant will give motions for temporary matters in pending divorces precedence on the hearing schedule, subject to appropriate notice to the opposing party and counsel, in accordance with statute
F) Only in unusual and extreme emergency situations will the Court grant an order excluding one party from the marital home ex parte. In such situations, motion for ex parte exclusions must be supported by appropriate affidavit and the Court may require the party seeking such exclusion to appear and testify under oath before granting the order. An exclusion order shall be heard within fourteen (14) days of the granting of it by the Magistrate or by the Court as the Court directs.
G) A pretrial and review of all temporary matters shall be set before the Magistrate approximately six weeks after filing of the temporary order. At the time of the review, all parties shall have the appropriate financial affidavits filed with the Court. The parties shall complete the current version of support form 9.0(G) and file with the court.
H) All temporary orders filed pursuant to this rule will be filed as a Magistrates Order.
RULE 9.1 PARENTING CLASSES
All parties to a divorce with children, dissolution with children, legal separation with children, or motion for change of residential parenting shall attend an educational seminar as designated by the Court.
Attendance at this educational seminar may also be required by order of the Court or Magistrate in connection with motions for post-decree relief concerning companionship, including contempt motions and motions for grandparent visitation. The Court or Magistrate may also require any other party, or spouse, or grandparent, to attend this seminar.
It shall be the responsibility of those persons required to attend the seminar to arrange for their attendance, to complete the seminar, and to bear the costs of attending such seminar.
Upon completion of the seminar the party required to attend the seminar shall file with the Court an original of the attendance certificate for inclusion in the Court's file.
Non-compliance with this Rule may result in contempt of the Court or other sanctions as determined by the Court.
No final entry will be issued of any dissolution with children, or divorce with children, or legal separation with children, until the certificate of attendance of the parties has been filed. A dissolution may proceed to hearing, but the final entry will be held until classes are attended and a certificate filed.
Non-compliance with this Rule by a party who enters no appearance and does not contest the action shall not delay the issuance of a final entry, providing the filing or moving party has filed the attendance certificate. The Court may deny enforcement of the non-complying parties' rights under any final decree until this Rule is complied with. The final entry in a case where there is a non-appearance by a party shall contain the following language: "The (defendant/plaintiff/non-residential parent) shall not exercise companionship rights until that party files an attendance certificate indicating attendance at the seminar, and a judgment entry activating companionship rights."
The attorney or party filing an action, or motion, shall provide a copy of an informational brochure to the attorney's client, and in the case of a dissolution with children to both parties. Upon the filing of a divorce, or dissolution, or a motion for a change of parenting, the filing party shall file a judgment entry, or include in the standard temporary judgment entry an order that both parties shall attend parenting education classes in the next session after the filing of the proceeding, or after service of summons, whichever is earlier. The informational brochure shall be included by the Clerk of Courts in the summons or notice of hearing issued.
This Rule shall not apply to agreed modifications of prior parenting orders where both parties either appear at a hearing, or sign the entry agreeing to transfer the parenting of children.
RULE 9.2 PARENTING INVESTIGATIONS AND PSYCHOLOGICAL EVALUATIONS
A) Upon the filing of a complaint for divorce, legal separation or dissolution in which the parenting and support of minor children are involved, the Court may direct or the parties may request that a domestic relations investigator make an investigation of the character, family relations, past conduct, and of the home and its surroundings where it is proposed that the children are to live.
B) The Court may, at its discretion, order the parties and minor children to submit to psychological evaluation. Psychological evaluation shall be strongly considered by the Court where parenting of minors is at issue.
C) The home investigation and report shall be made by the Domestic Relations Investigator of the Court of Common Pleas or on his assignment by a Juvenile Probation Officer, an Investigator of the Columbiana County Department of Human Services or other competent person. Such investigating officer shall be an expert witness and shall charge as costs a reasonable fee and his (or her) necessary expenses for making such investigation and report.
The Report shall be available to the Court at all times and shall be made a part of the record in any trial for a divorce, dissolution, change of parenting or other similar proceeding. The investigation fee and expenses shall be taxed as costs in the case. Upon any party filing a motion for a parenting investigation, they shall deposit, if ordered by the Court, the sum of One Hundred Fifty Dollars ($150) as a deposit towards investigation fees.
D) Psychological evaluations shall be made at the cost of the requesting party or the filing party and/or pursuant to Order of the Court at any time, including completion of the case; deposit for psychological investigations shall be made directly with the Counseling Center of Columbiana County in such amount as the Court directs, presently to be in the sum of One Hundred Thirty Dollars ($130) per person evaluated. The report of the psychological evaluator shall be admissible as upon direct exam for any party requesting admission.
Where parenting is a real issue in the case, the parties are requested early on in the case to agree to a disinterested psychologist. If neither party can agree, the Director of the Counseling Center of Columbiana County shall name a psychologist for the evaluation. Neither counsel nor the parties shall attempt to influence or otherwise interfere with a neutral determination by the psychologist involved and shall not contact the psychologist, except in reference to the type of evaluation requested and to provide basic case information or scheduling information. Neither counsel shall provide the psychologist with a history of the case or any other factual matters concerning the case. Neither party shall provide a written statement or other history to the psychologist unless requested to do so by the psychologist.
The report of any investigator shall be made in writing and shall be kept in the possession of the Court except that, if the case is certified to Juvenile Court, such report shall be turned over to that Court. Psychological reports shall not be made public, but a copy of the report for the parties may be provided to their respective counsel upon request to the Court. The reports may be reviewed by counsel only upon request to Court, excepting that evaluations of the opposing party shall not be permitted to be viewed by the individual client without specific order of the Court.
E) In all cases in which investigations are ordered a notice may, at the request of the investigator, be mailed to each party to appear at a designated time and place for an interview with the investigator. A copy of such notice will be mailed to counsel for each party and it will be the duty of each party to comply with the request for appearance just as it would be necessary to appear for a court ordered hearing.
F) Upon motion or order of the Court ordering a psychological evaluation, the following procedure shall be adhered to:
1) A judgment entry shall issue at the direction of the Court ordering such evaluation and the deposit of said monies necessary; such judgment entry shall be submitted to the Court within five days of any oral order;
2) A file stamped copy of the judgment entry ordering psychological evaluation shall be forwarded to the Counseling Center of Columbiana County or other direct designated evaluator within two (2) days of being filed with the Clerk of Courts; an additional copy of order shall be provided to all counsel of record who shall thereafter be responsible for insuring that their clients have a copy of said order;
3) Within 10 days shall deposit such sum as directed by the Court directly with the Counseling Center of Columbiana County. Once a deposit is made the party making the deposit shall notify his counsel who shall notify, within five days, the opposing counsel or party that the deposit has been made.
4) Within 10 days of the deposit being made with the Counseling Center of Columbiana County, all counsel shall insure that their clients and their minor children will contact the Counseling Center of Columbiana County or such other agreed upon counselor for the purposes of making an appointment for evaluation; all appointments for psychological evaluation to be made under this Rule shall be at the convenience of the Counseling Center of Columbiana County or such other private counselor as the parties agree and shall be completed as soon as possible;
5) In any case where psychological evaluations have been completed, the Court may not approve any final judgment entry, except upon proof of payment of the evaluation fees in full; the Court may take other appropriate action by way of sanctions or use of its contempt powers.
(G) Any party who desires to call as a witness, at a trial or hearing, any court appointed home investigator, psychological evaluator or examiner, shall contact that witness fourteen (14) days prior to the hearing at which the witness is expected to testify, and shall arrange for prepayment of any fees for testifying that the witness requires in order to attend. Such fees shall be paid in advance, or the witness need not appear at any trial or hearing, even if subpoenaed.
In cases of indigency, the court will consider requiring the appearance of the witness without prepayment of fees, if the witness agrees to appear without such fee.
This rule applies only to those persons appointed by the court and does not apply to any witness hired by any party.
RULE 9.21 MEDIATION
At any time after service of summons in an action for divorce, annulment, or spousal support, or at any time after filing a post decree motion to modify residential parent/custodial or companionship are an issue, the Court, or its Domestic Relations Magistrate, may order both parties to participate in mediation assessment. If mediation assessment determines that the case qualifies for mediation, the Court may permit and encourage both parties to participate in mediation for a period of time not to exceed ninety(90) days, unless the Court grants additional time upon written request.
The parties may agree to mediate issues other than those of residential custodian and companionship matters.
The costs of mediation shall include a deposit which shall be determined by the Court for initial one-hour session and a follow-up mediation assessment and status report to the Court. Additional mediation sessions, preparations of Memorandums of Understanding, reports of Mediation Outcome and all other necessary mediation time and document preparation shall be at an hourly rate to be determined by the Court. The Court or its Domestic Relations Magistrate shall determine the percentage of hourly rate to be paid by each of the parties based upon a determination as reflected in the Financial Affidavits of the parties, with a minimum of ten percent(10%) to be paid by any party, regardless of employment.
The mediator shall notify the Court upon the conclusion of mediation. Any agreement reached during mediation shall not be binding upon the parties until reviewed and approved by the parties counsel and the Court. Statements made during mediation shall be considered as compromise negotiations, will not be admissible as evidence and will be subject to the other rules and provisions of Revised Code 3109.052. Mediators shall not be subpoenaed or serve as a witness relating to any matter concerning the domestic relations case.
RULE 9.3 JUDGMENT ENTRIES/DECREES
A. All judgment entries that grant a divorce, legal separation, or dissolution, or set or modify child support or spousal support shall comply with the Courts Rule 5.0 and must contain the following information in accordance with previous directives of the Court:
1. The effective date of the order so that arrearages can be calculated
2. Date of birth of Obligor
3. Current name and address of Obligor and Obligee (parties)
4. The names, dates of birth, and amount of support for minors
5. The amount of any support order, which is going to be effective
B. All judgment entries (decree of divorce, dissolution, child support or legal
separation or modification of parenting) shall be accompanied by the following:
1. A notice to income provider) or order to seek employment. Current version of ODHS form 4047.
2. The separate order for support and health care. Current version of Form 9.55 (B).
3. An extra copy of every judgment entry where parenting or support has been ordered or modified shall be submitted to the Clerk of Courts for the Child Support Enforcement Agency
4. A child support guideline worksheet (O.R.C. 3113.215(E)
5. A copy of the Courts standard order concerning companionship where the same has been ordered by the Court.
C. The Clerk of Courts shall serve a copy of all entries regarding child and spousal
spousal support upon the CSEA by placing said entry in the CSEA basket located
In the Clerks office within three days of filing.
RULE 9.4 UNIFORM LOCAL COMPANIONSHIP PLAN
COLUMBIANA COUNTY
GUIDELINE PARENTING SCHEDULE
1. GENERAL PARENTING PRINCIPLES
During and after a divorce, there is often a crisis period (from several months to years) during which families are under great stress because of loss, conflict, and change. Most studies show and psychologist uniformly agree, that the children who do best following divorce are from those families which maintain a low level of conflict. The absence of conflict is even more critical than the amount of time either parent spends with the child.
Children, however, clearly profit by continued meaningful contact with both parents. Children need the continuing and regular involvement of both parents to feel loved. No specific schedule will satisfy the change in needs of both children and parents over the years. Critical to the success of any schedule is that each parent be flexible, based upon the changing needs of a child as the child grows older.
This Guideline Parenting Schedule takes into account the changing developmental needs of children. It is recognized that each situation and each child is different. It is preferred that parents tailor the parenting schedule to meet the specific needs of their children.
In all cases, including requests for 75(M) orders, the court will strive to adopt a parenting schedule that is in the child(ren)s best interests. Any request to deviate from the following parenting schedule shall be supported by the filing of the proper affidavits/evidence. The factors contained in ORC 3109.05.1(D) shall be considered in any proposed deviation from the guideline parenting schedule. Absent a request for deviation and the filing of affidavits/evidence in support thereof, the court will impose the guidelines set forth below.
A good parenting schedule developed for a family should be based upon the following considerations:
A. The developmental needs and age of each child.
B. The psychological attachments of each child.
C. The way child rearing tasks were shared during the marriage.
D. The preservation or development of a close relationship with each parent.
E. A consistent and predictable schedule that minimizes the transition between
the households, especially where young children are involved. Failure to
consistently exercise parenting time may result in modification of the
parenting schedule.
F. Each childs temperament and ability to handle change.
G. Parents career demands and work schedules.
H. The need for periodic review of the plan, noting trouble signs and revising
as each childs needs and circumstances change.
For purposes of exercising this parenting schedule, ____________________is designated the residential parent and __________________ is designated the non-residential parent.
The policy of the following time allocation is to provide a schedule which is best suited for the particular age of that child(ren).
2. WEEKLY SCHEDULE
A. Birth to Six Months
The non-residential parent shall have parenting time weekly as follows:
Tuesday afternoon and Thursday afternoon for a period not to exceed three hours. Alternate Saturdays and Sundays from 9:00 A.M. until 6:00 P.M. The Court will consider modifications to an overnight schedule as the childs age increases. The Schedule shall continue on a weekly basis until modified by the parties.
B. Ages Six months through 18 years
Week A: Tuesday or Wednesday afternoon consistent with the non-residential parents work schedule and/or the childrens school schedule if school is in session, and Friday from 6:00 P.M. until Sunday at 6:00 P.M.
Week B: Tuesday and Thursday afternoons consistent with the non-residential parents work schedule and/or the childrens school schedule if school is in session. The parenting time on Tuesday and Thursday afternoons shall consist of not less than three hours, however, shall conform with the childrens bedtimes.
Parents should respect a teenagers need to spend time with peers and in organized activities, and less time with each parent, especially during weekends and summer holidays. Quality of time is more important than a rigid schedule. Flexibility in scheduling is necessary. When possible, it is preferable to consider the teenagers wishes, as long as the parents agree.
3. ADDITIONAL PARENTING TIME
In the event of a conflict, the following is the order of preference: 1st. holidays; 2nd extended periods; 3rd weekends; 4th midweek days.
A. Holidays
Holiday Even # Years Odd # Years Schedule
New Years Mother Father 12/31 at 6 p.m.
to 1/1 at 6 p.m.
Martin Luther King Father Mother Sun 6 p.m.
to Mon. 6 p.m.
Presidents Day Mother Father Sun 6 p.m.
to Mon. 6 p.m.
Easter Father Mother Sat. Noon
to Sun 6 p.m.
Memorial Day Mother Father Sun 6 p.m.
to Mon. 6 p.m.
Fourth of July Father Mother 9 a.m. to 9 p.m.
Labor Day Mother Father Sun 6 p.m.
to Mon. 6 p.m.
Halloween Father Mother 5 p.m. to 9 p.m.
Thanksgiving Mother Father Wed 6 p.m.
to Fri. 6 p.m.
Christmas Eve Father Mother 12/23 noon to
12/24 at 9 p.m.
Christmas Day Mother Father 12/24 at 9 p.m.
to 12/26 6 p.m.
overnight 5 p.m.
Mothers Day Mother Mother 10 a.m. to 9 p.m.
Fathers Day Father Father 10 a.m. to 9 p.m.
Childs Bday Mother Father 5 p.m. to 9 p.m.
(school)
Childs Bday Father Mother 9 a.m. to 9 p.m.
(no school)
For all other holidays, including religious holidays celebrated by the family which are not included in the above list, the parties shall alternate from year to year with the mother having the even numbered years and the father having the odd numbered years on those particular holidays. For holidays that extend for more than a one day period, the parties shall divide the days as equally as possible in order to permit both parties to spend that holiday time with the children.
For school districts who have Fridays or Mondays off that are not listed in the holiday schedule, that Friday or Monday, the parent whose weekend it is shall have the option of extending their weekend companionship to include the extra day. The parenting time for birthdays shall include all children of the marriage, not just the child celebrating his/her birthday.
B. Extended Time
1. Each parent shall be entitled to two weeks of consecutive, uninterrupted parenting time each year. This consecutive two weeks shall not extend the six weeks in the summer and may be taken during the school year if the parties agree and appropriate arrangements have been made to comply with school regulations.
2. The non-residential parent shall be entitled to six weeks of additional parenting time each year during the summer, two of which may be consecutive. If the parents are unable to agree the non-residential parent shall have the first half of the summer. The summer vacation is defined as commencing the day after the children get out of school and continuing until seven (7) days before school begins. During summer companionship, the residential parent receives weekday companionship as afforded the non-residential parent during the rest of the year. The alternating weekends continue during the summer companionship without interruption except for the two weeks of consecutive uninterrupted parenting time.
3. The child(ren)s spring break from school (every other year) and one half of Christmas break (every year) shall also be spent with the non-residential parent.
4. Extended periods of time are to be arranged as follows: for extended time at Spring Break, by February 15th each year, for extended time in the summer, by May 15th of each year, for extended time at Christmas, by November 1 of each year. Each parent shall notify the other parent in writing of the times desired for these extended periods.
4. MISCELLANEOUS
A. The child(ren) and/or residential parent have no duty to wait for more than 30 minutes for the non-residential parent to arrive for parenting time. The non-residential parent who is more than 30 minutes late for a particular parenting time shall forfeit that time. An exception shall be made if the tardiness of the non-residential parent is for just cause (ie. Work schedule) and the residential parent receives both prompt notice and a reasonable estimated arrival time.
B. The non-residential parent who is more than 30 minutes late in returning the child(ren) without calling to make arrangements and without just cause may be subject to contempt.
C. If either parent will be unavailable during his/her scheduled parenting time, regardless of the age of the child(ren), he/she shall offer that parenting time to the other parent. Unavailable means that parent will be gone from his/her home overnight.
D. Make up time shall be given if the child(ren) or non-residential parent is not available at the scheduled time or if the residential parent denies access to the child(ren) without just cause. All make up days shall be rescheduled within 30 days.
E. If the parents are unable to reach an agreement regarding transportation, and unless otherwise provided by court order, the non-residential parent shall provide transportation at the commencement of the visitation period and the residential parent shall provide transportation at the termination of the parenting period. A responsible, licensed adult known to both parents may provide transportation if the parent is unavailable. Any person transporting a child(runs) shall use the proper child restraint seat and/or seat belts as required by law. No person shall consume alcohol or use illegal drugs immediately prior to or during the transportation of a child(ren).
F. Each parent shall have reasonable telephone contact with the child(ren). Reasonable is defined as one time per day.
G. Car Seat: For any and all children required by law to ride in a car seat, the parents shall transfer the car seat with the child as companionship changes occur.
H. Extracurricular Activities: Regardless of where the children are living, their continued participation in extracurricular activities, school related or otherwise, shall continue uninterrupted. It shall be the responsibility of the parent who has the children at the time of the activity to provide the physical and economic cost of transportation to these activities. The residential parent shall provide the non-residential parent with notice of all extracurricular activities, school related or otherwise, in which the children participate, schedules of all extracurricular activities (handwritten by the residential parent if no formal schedule is provided by the activity) and the name of the activity leader (including address and telephone number if reasonably available to the residential parent). Failing to do so may result in a finding of contempt with appropriate sanctions. The residential parent shall provide the non-residential parent with a copy of the school calendar.
5. STATUTORY NOTICES
A. RELOCATION NOTICE: Pursuant to ORC 3109.051 (G), the parties hereto are hereby notified as follows:
If the residential parent intends to move to a residence other than the last residence of court record, he/she shall file a notice of intent to relocate with this Court. Except as provided in ORC 3109.051(G) (2), (3) and (4), a copy of such notice shall be mailed by the Court to the non-residential parent. On receipt of the notice, the Court, on its own motion or on the motion of the non-residential parent, may schedule a hearing with notice to both parties to determine whether it is in the best interest of the children to revise the visitation schedule for the children. Said notice shall be filed 60 days prior to the relocation.
B. RECORDS ACCESS NOTICE: Pursuant to ORC 3109.051(h) and 3319.321(b) (5) (a), the parties are notified as follows:
Except as specifically modified or otherwise limited by court order, and subject to ORC 2301.35(G) (2) and 3319.321(F), the non-residential parent is entitled to access under the same terms and conditions as the residential parent to any record that is related to the children and to which the residential parent is legally provided access, including school records. Any keeper of a record, public or private, who knowingly fails to comply with this order, is in contempt of Court.
Both parents shall have access to the childrens school records. Both parents are encouraged to participate in parent-teacher conferences, school trips, school programs and other school events in which parents are invited to participate. The parent receiving the grade card shall give a copy to the other parent within a reasonable time.
C. DAY CARE CENTER ACCESS NOTICE: Pursuant to ORC 3109.051(I), the parties hereto are hereby notified as follows:
Except as specifically modified or otherwise limited by court order, and in accordance with ORC 5104.011, the non-residential parent is entitled to access to any day care center that is or will be attended by the children with whom visitation is granted, to the same extent that the residential parent is granted access to the center.
D. SCHOOL ACTIVITIES NOTICE: Pursuant to ORC 3109.051(J), the parties hereto are hereby notified as follows:
Except as specifically modified or otherwise limited by the court order, and subject to ORC 3119.321, the non-residential parent is entitled to access, under the same terms and conditions as the residential parent to any student activity that is related to the children to which the residential parent legally is provided access.
6. SPECIAL CIRCUMSTANCES
A. Domestic Violence: The Companionship Plan may need to be adjusted when there has been domestic violence. Please refer to the most recent revision of the law or consult with an attorney regarding this special circumstance.
B. Re-establishment of Parent-Child Relationship after a Long Absence: When the visitation has not taken place for an extended period of time, both parents should consider the possible adverse effects upon the child and gradually re-introduce an appropriate access plan for the non-custodial parent. A separate schedule has been developed for this purpose. (Rule 9.42)
C. Travel with the Child: Whenever the child travels with either parent, one of the following will be provided to the other parent: an itinerary of travel dates, destinations, and places where the child or traveling parent can be reached; or the name and telephone number of an available third person who would be knowledgeable of the childs whereabouts.
D. Out of Town Access: Plans regarding out of town access are more difficult to suggest because of the effect of such facts as distance, parents employment schedule, parents financial ability to pay for more or less frequent trips, and the availability of child care while children are visiting from out of town. These and many other facts necessitate specific arrangements be made. In general, visits would be less often and of longer duration.
E. Travel of Child Alone: Travel alone of a child under the age of 12 years is not recommended.
F. Access to Address and Phone Number: Both parties shall provide each other with their current address and phone number unless doing so would endanger either the child or the parent. If an address or phone number cannot be provided, then the name and number of an available third party would/can reach the child or inaccessible parent in the event of an emergency should be provided.
G. Emergency Medical Treatment: In the event that the child is in need of emergency medical treatment, it shall be the responsibility of either party to obtain treatment for the child and immediately notify the other parent.
RULE 9.41 UNIFORM LONG DISTANCE COMPANIONSHIP SCHEDULE
Liberal companionship arrangements are encouraged, as contact with both parents is important to the children. Specific items in the Journal Entry take precedence over this schedule. Changes or modifications can be made by the Court if need for such is shown. Support payments are not affected by the schedule unless ordered by the Court.
AT SUCH TIMES AND PLACES AS THE PARTIES MAY AGREE.
1. Christmas: Christmas vacation will be divided in half and alternated annually, by half, between the parents. Christmas Eve and Christmas Day shall be alternated annually between the parties.
2. Spring Break: School vacation (the Friday school is out to the day before school recommences, to be coincidental with the days of the school vacation and not to interfere with school) in odd-numbered years of the Saturday before Easter to the Saturday after Easter for preschoolers with no school-aged siblings.
3. Alternative Holiday Plans: Those who wish more frequent contact, and who develop a plan to pay for the transportation, alternate-year Thanksgiving, and half of Christmas vacation each year. The holidays themselves must be alternated, as the parties agree, or Easter and Thanksgiving in the odd-numbered years and Christmas in the even numbered years for the non-residential parent.
4. Summer: One-half of the school summer vacation. Summer school necessary for the child(ren) to pass to the next grade must be attended. The residential parent shall notify the non-residential parent by March 15 of when the summer vacation begins and ends. The non-residential parent must notify the residential parent as to their intentions by April 15.
a. If the parties cannot agree which half of the summer they prefer, in the even-numbered years, the first half of the summer shall be spent at the non-residential home, and in odd-numbered years, the second half.
b A general itinerary should be provided either parent if more than two days will be spent away from either home when the children are in that parents care.
6. Vacations: Each parent may arrange an uninterrupted vacation of not more than two weeks with the
children. A general itinerary of the vacation shall be provided for the other parent, including dates,
locations, addresses and telephone numbers.
a Vacation is defined as a trip away from the parents home. It does not include a parents vacation time off from work where that parent spends it at home.
b Summer school necessary for the child to pass to the next grade must be attended.
7. Additional Companionship:
a Once a month weekend visit to the non-residential home will be permitted if the childs traveling time does not exceed three hours one way. The residential parent must be notified at least one week in advance.
b Fathers Day and Mothers Day can always be spent with the appropriate parent.
c The non-residential parent shall notify the residential parent at least two days in advance of any time the non-residential parent will be in the area and wants a companionship period. Absent extra ordinary circumstances, this companionship shall occur.
d The residential parent must notify the non-residential parent at least two days in advance when the residential parent and child(ren) will be in the area of the non residential parent, and companionship must be allowed.
9. STATUTORY NOTICES
A. RELOCATION NOTICE: Pursuant to ORC 3109.051 (G), the parties hereto are hereby notified as follows:
If the residential parent intends to move to a residence other than the last residence of court record, he/she shall file a notice of intent to relocate with this Court. Except as provided in ORC 3109.051(G) (2), (3) and (4), a copy of such notice shall be mailed by the Court to the non-residential parent. On receipt of the notice, the Court, on its own motion or on the motion of the non-residential parent, may schedule a hearing with notice to both parties to determine whether it is in the best interest of the children to revise the visitation schedule for the children. Said notice shall be filed 60 days prior to the relocation.
(a), the parties are notified as follows:
Except as specifically modified or otherwise limited by court order, and subject to ORC 2301.35(G) (2) and 3319.321(F), the non-residential parent is entitled to access under the same terms and conditions as the residential parent to any record that is related to the children and to which the residential parent is legally provided access, including school records. Any keeper of a record, public or private, who knowingly fails to comply with this order, is in contempt of Court.
Both parents shall have access to the childrens school records. Both parents are encouraged to participate in parent-teacher conferences, school trips, school programs and other school events in which parents are invited to participate. The parent receiving the grade card shall give a copy to the other parent within a reasonable time.
parties hereto are hereby notified as follows:
Except as specifically modified or otherwise limited by court order, and in accordance with ORC 5104.011, the non-residential parent is entitled to access to any day care center that is or will be attended by the children with whom visitation is granted, to the same extent that the residential parent is granted access to the center.
D. SCHOOL ACTIVITIES NOTICE: Pursuant to ORC 3109.051(J), the parties hereto are hereby notified as follows:
Except as specifically modified or otherwise limited by the court order, and subject to ORC 3119.321, the non-residential parent is entitled to access, under the same terms and conditions as the residential parent to any student activity that is related to the children to which the residential parent legally is provided access.
12. Car Seat: For any and all children required by law to ride in a car seat, the parents shall transfer the car seat with the child as companionship exchanges occur.
If the parents are unable to reach an agreement regarding transportation, and unless otherwise provided by court order, the non-residential parent shall provide transportation at the commencement of the visitation period and the residential parent shall provide transportation at the termination of the parenting period. A responsible, licensed adult known to both parents may provide transportation if the parent is unavailable. Any person transporting a child(ren) shall use the proper child restraint seat and/or seat belts as required by law. No person shall consume alcohol or use illegal drugs immediately prior to or during the transportation of a child(ren).
RULE 9.42 TRANSITIONAL SCHEDULE FOR COMPANIONSHIP
GENERAL PARENTING PRINCIPLES
During and after a divorce, there is often a crisis period (from several months to years) during which families are under great stress because of loss, conflict, and change. Most studies show and psychologist uniformly agree, that the children who do best following divorce are from those families which maintain a low level of conflict. The absence of conflict is even more critical than the amount of time either parent spends with the child.
Children, however, clearly profit by continued meaningful contact with both parents. Children need the continuing and regular involvement of both parents to feel loved. No specific schedule will satisfy the change in needs of both children and parents over the years. Critical to the success of any schedule is that each parent be flexible, based upon the changing needs of a child as the child grows older.
This Guideline Parenting Schedule takes into account the changing developmental needs of children. It is recognized that each situation and each child is different. It is preferred that parents tailor the parenting schedule to meet the specific needs of their children.
In all cases, including requests for 75(M) orders, the court will strive to adopt a parenting schedule that is in the child(ren)s best interests. Any request to deviate from the following parenting schedule shall be supported by the filing of the proper affidavits/evidence. The factors contained in ORC 3109.05.1(D) shall be considered in any proposed deviation from the guideline parenting schedule. Absent a request for deviation and the filing of affidavits/evidence in support thereof, the court will impose the guidelines set forth below.
A good parenting schedule developed for a family should be based upon the following considerations:
A. The developmental needs and age of each child.
B. The psychological attachments of each child.
C. The way child rearing tasks were shared during the marriage.
D. The preservation or development of a close relationship with each parent.
E. A consistent and predictable schedule that minimizes the transition between
the households, especially where young children are involved. Failure to
consistently exercise parenting time may result in modification of the
parenting schedule.
F. Each childs temperament and ability to handle change.
G. Parents career demands and work schedules.
H. The need for periodic review of the plan, noting trouble signs and revising
as each childs needs and circumstances change.
For purposes of exercising this parenting schedule,____________________is designated the residential parent and __________________ is designated the non-residential parent.
The policy of the following time allocation is to provide a schedule which is best suited for the particular age of that child(ren).
1. For an initial four week period commencing Saturday/ Sunday __________________, the Non-Residential Parent shall visit with the child each Saturday/Sunday from 2:00 P.M. to 4:00 P.M. in the Residential Parents home, or at such alternate time or location as is mutually agreed to by the parties.
2. For the following four week period, commencing____________________________, the Non-Residential Parent shall have visitation each Saturday/Sunday from 1:00 P.M. to 5:00 P.M. outside of the Residential Parents presence at the Non-Residential Parents home or that of a member of his or her family.
3. For the following four week period, commencing ___________________________, the Non-Residential Parent shall have overnight visitation each Friday/Saturday night from 6:00 P.M. Friday/Saturday to 6:00 P.M. Saturday/ Sunday.
4. At the end of the above twelve week period, the Non-Residential Parent shall have visitation in accordance with the Courts Companionship Order , a copy of which is attached hereto as Exhibit A. The Court reserves the right to extend the transitional time in the best interests of the child.
Should the Non-Residential Parent fail to observe the schedule set forth in Paragraph 1, then visitation shall not expand as set forth in Paragraph 2. Should there be a failure to observe the schedule as set forth in Paragraph 2, then visitation shall not expand as set forth in paragraph 3. Should there be as failure to observe the schedule set forth in Paragraph 3, then visitation shall not expand as set forth in Paragraph 4.
In order to exercise visitation under this Courts Companionship Order, it is expected that the Non-Residential Parent will provide appropriate accommodations for each child, including but not limited to a car seat and crib if needed.
RULE 9.43 UNIFORM COMPANIONSHIP PLANS
A . Rules 9.4 (local) and 9.41 (long distance) shall be the Uniform Companionship Plans of this Court. They are subject to modification upon a showing that there is a need for such modifications. They are minimal companionship standards and may be modified without approval of the Court where companionship is given in excess of that stated herein. This Court encourages the parties to attempt to give the non residential parent midweek companionship.
B. A copy of the above Uniform Local Companionship Plan or Uniform Long Distance Companionship Plan shall be attached to every temporary order issued by the Court upon filing of a divorce, dissolution or legal separation, or other actions or proceeding where companionship would be an issue, and shall be attached and made a part of any final order of the Court wherein parenting of minor children had been an issue, whether resolved among the parties or not.
RULE 9.5 DOCUMENTS TO BY FILED WITH PLEADINGS
A) Upon the filing of an action for divorce, dissolution, legal separation, or upon the filing of motions relative to the issues of child or spousal support and/or the modification of parental rights and any other action relative to the issue of parenting, the following supporting documents must be filed by the party filing the complaint, petition or motion:
affidavit (current version of the form.) In an action for post decree modification of issues of support, pages three and four may be omitted from the affidavit.
2. A parenting proceeding affidavit in accordance with the form prescribed by the court in attached appendix.
4. A IV-D application, if one has not previously been filed with the court.
(B) Financial affidavits shall be filed by each party with any required pleading or, if a pleading is not required, prior to any hearing where the hearing will determine issues of child or spousal support and/or parenting.
(C) The Clerk of this Court shall reject for filing a complaint for divorce or legal separation, a petition for dissolution, or a post-decree motion for modification of child support or spousal support, or parental rights unless accompanied by the financial affidavits, and where applicable, parenting proceeding affidavits. The Clerk shall not hold any such documents in his office pending receipt of non-attached documents. All such documents shall be returned to the filer to be presented at one time.
(D) All financial affidavits and parenting proceeding affidavits shall be typed. NO HAND WRITTEN AFFIDAVITS SHALL BE ACCEPTED BY THE CLERK OF THIS COURT FOR FILING.
RULE 9.55 SUPPORT SCHEDULE/MEDICAL SUPPORT ORDER
A Counsel for party or parties in every domestic relations case where children are involved shall comply with the Ohio Revised Code 3113.2215. This requirement shall apply to all hearings dealing with child support, and a child support worksheet (R.C. 3113.215(e) shall be provided to the Court and/or Magistrate in all appropriate proceedings on the merits of any matter dealing with support.
B All judgment entries in an action for a dissolution, divorce or legal separation, where there are minor children, shall provide a separate order for support and health insurance coverage in accordance with statute and as provided in the appendix.
RULE 9.6 SHARED PARENTING PLAN
Parties shall comply with the provisions of the Ohio revised Code relative to filing with the Court a Shared Parenting Plan. The Shared Parenting Plan shall be separate and apart from any Separation Agreement.
This Rule shall be effective and embody the current law of the State of Ohio and shall change to comply with any modifications of that law.
RULE 9.7 IN CAMERA INTERVIEWS OF CHILDREN
In all cases where an in camera interview of a minor child or children has been requested, the Court shall make a record of said interview.
The parents shall have no access to the record of the interview, even if the record has been transcribed for purposes of appeal or objections.
The record or transcript shall be sealed, to be opened only by the Court or upon order of the Court.
Attorneys may have access to the transcript of the childs interview only upon written motion and judgment entry signed by the Court.
RULE 9.8 GENERAL DOMESTIC RELATIONS TRIAL PRACTICE RULES
A Appraisals of real and personal property. Unless the parties have agreed in writing and stipulated to the value of real and/or personal property, such property shall be appraised. A single appraiser is satisfactory to the Court if agreed upon by the parties; otherwise, each party shall procure their own appraisal and the following shall be applicable:
1. NADA Blue Book value for automobiles will be accepted in lieu of appraisal, provided the automobile is not an antique or of some special valuation.
2. The opinion of the parties or their counsel or the county auditors appraisal as to the value of their real and personal property, absent consent and agreement of each as to a single valuation or absent an appraisal or written stipulation as aforesaid will not be accepted as proof of value.
3. The property subject to appraisal under this Rule shall include, but is not limited to, the following: real estate; household goods and furnishings; jewelry; items of personal property with unique characteristics, such as antiques, heirlooms and property which does not have a readily ascertainable value; and pensions.
B. Failure to comply with this Rule may result in dismissal of the case, the Courts appointment of an appraiser, pursuant to Evidence Rule 702, or other sanctions which may be imposed by the Court.
C. At trial, should a matter proceed to trial, all exhibits shall have been marked
and exchanged with opposing counsel at least five(5) days prior to trial, with
an exhibit list to be provided to the Court Reporter and the Judge at the date of trial.
RULE 9.9 OBJECTIONS TO MAGISTRATES DECISION OR ORDER
1. The filing of timely written objections by any party to an action shall act as an automatic stay of the decision until the Court takes further action as delineated in Civil Rule 53.
2. Interim orders are not subject to the automatic stay and shall remain in effect regardless of the filing of objections.
3. Objections shall be in the form of a pleading with appropriate case caption and case number. Objections shall be typed.
4. Objections must be specific and state with particularity the grounds of the objection.
5. Any objection to a finding of fact shall be supported by a transcript of the evidence.
RULE 9.10 GUARDIAN AD LITEM
1. DEFINITION: The Guardian ad Litem is an advocate and may advocate for the child/ren. An attorney appointed as a Guardian ad Litem and not as an attorney for the child/ren will advocate for the best interest of the child. ( This is distinguished from an advocate role representing the clients wishes which may be contrary to the clients best interests.)
2. All Guardians ad Litem shall be attorneys. The Guardians ad Litem shall attend any mandatory training offered by the court and may attend other CLEs in areas regarding their duties as GAL. All Guardians ad Litem shall have experience in Family Law.
3. Guardians ad Litem will be appointed upon the request of either party or upon the courts own motion or when required by statute.
4. Guardians ad Litem will be compensated at the hourly rate established by the County Commissioners for court appointed counsel. No fee for a guardian ad litem shall exceed $1,000 without prior approval of the court. The Guardian ad Litem may submit to the court a request for the deposit of additional fees or a monthly affidavit of fees for approval and court order regarding payment. The request shall be served upon all parties or their counsel if they are represented and if there is no objection an order regarding payments of deposits/ fees may be issued after seven days.
5. Upon appointment, the Guardian ad Litem shall perform certain basic duties
identified below. The feasibility of some of the duties will depend upon the age(s) of the child/ren and the specific circumstances of each case. Therefore, it is within the discretion of the Guardian ad Litem to tailor each to the facts of the
individual case.
a. Interview the child/ren separately,
b. Contact the child/rens school, if any,
c. Contact the childs health care providers, if any,
d. Observe each parent in the presence of the child,
e. Review pleadings and consult with each attorney as to positions and issues,
f. Investigate and interview as determined necessary
home investigation if ordered by the Court)
child/ren, parents and others with contacts with the children
i. Through the interview process, determine the reasoning ability of each child/ren,
j. Prepare and file with the Court, with a copy to counsel, at least 5 days prior to any final adjudication, a written report and recommendation to the Court as to the best interests of the minor child/ren. The report shall be maintained in the non-public records of the Court and SHALL NOT BE FILED WITH THE CLERK OF COURTS. ALL REPORTS SHALL BE LABELED CONFIDENTIAL IN CONSPICUOUS LETTERING ON THE FIRST PAGE.
Appendix
A. Rule 9.0(g) form
B. Financial and Parenting Affidavit
C. Support and Health order (Rule 9.55(b))
D. Notice to Income Provider
E. Order to seek Employment
F. OBES Release form and Information Sheet
FORM RULE 9.0(G) CASE NO
:Failure to Provide Complete Information Will Delay Processing Your Case
Atty: Phone:__________
Mother:___________________________________ Address: __________________________________ _ _ Phone: Dr. Lis: _
SSN: DOB: _
Employer: _ _ -Phone: _ Attn: (Personnel office)
Insurance: _ _ _
Policy No. ____________________________
Group No._________________________________ Phone _ Primary / Secondary coverage
Atty: Phone: __________ Father: _ Address: _ _ _ Phone: Dr. Lis: _
SSN: DOB: _
Employer: _ _ _ Phone: _ Attn: (Personnel office)
Insurance: _ _ _ Policy No:_________________________________ Group No. ________________________________ Phone _
Primary/Secondary
Children:
Full name Address DOB SSN
IN THE COURT OF COMMON PLEAS
DOMESTIC RELATIONS DIVISION
COLUMBIANA COUNTY, OHIO
CASE NO.: ________________________
__________________________________ Judge: ______________________
__________________________________
___________________________________
SSN: ______________________________
D.O.B.: __________________________
EMPLOYER: _____________________
Plaintiff
-VS- FINANCIAL AFFIDAVIT
___________________________________
___________________________________
___________________________________
SSN: ______________________________
D.O.B.: ____________________________ Date & Place of Marriage: _____________
EMPLOYER: ________________________ ___________________________________
Defendant
Now comes ___________________________________, the Affiant, being first duly sworn, and says that the following questions are true and accurate to the best of the Affiants belief and knowledge:
| DEPENDENTS Identify all persons whom you are legally obligated to support and identify whether you pay or received support for these dependents : |
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| Born to this Marriage? | Name and Date of Birth |
Current Place of Residence | Relationship | Age | Amount of Support Ordered |
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| PERSONAL INFORMATION |
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| HUSBAND |
WIFE |
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| Age | |||||||
| Education, Occupation, and Training |
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| Present Health & Well Being |
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| Previous Number of Marriages, Children |
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| EMPLOYMENT AND MEDICAL INSURANCE Answer the following questions about your and your spouses employment and insurance from all sources, including health care insurance |
| Husband |
Wife |
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| Employer: | ||
| Address: |
|
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| Telephone: |
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| Medical Insurance: |
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