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

 

    1. CASE MANAGEMENT (Preface): The goal of this Rule is the prompt but fair disposition of litigation. This goal can only be accomplished by early and continuing judicial control and management of each case assigned to the Judge’s docket. This Rule and Rule 2 will establish a general framework for management of cases, leaving to the discretion of the individual Judge the use of additional procedures to accomplish the goal of this Rule.
    2. SCHEDULING CONFERENCE AND/OR PRETRIAL NUMBER ONE: After service of the Complaint, the Judge assigned to the case may make a scheduling order. The Judge shall make the order after consulting with all counsel of record at a scheduling conference, which may be conducted in person or by telephone with the Judge or his staff.

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

    1. There shall be a pretrial conference for all civil cases unless waived by the Court. The pretrial conference shall be held for the purpose of achieving the objectives of Rule 16 of the Ohio Rules of Civil Procedure.
    2. The pretrial and/or scheduling conference shall be held at such time and place as the Court shall direct. The Assignment Commissioner or Bailiff shall give notice, by mail, of time and place to all counsel involved.
    3. The Court requires the presence of all parties and their counsel at the pretrial and/or scheduling conference, unless specifically waived by the Court after a written request. If any party is a corporation, insurance company, common carrier or other artificial legal entity, then a representative of that party, and its insurance carrier, other than counsel for the party, must be present with complete authority to settle the case. This Rule shall also apply to the final pretrial and/or status conference unless specifically waived by the Court. This Rule does not apply to the initial scheduling conference.
    4. The parties, through counsel, shall submit to the Court at the pretrial of all tort actions a pretrial statement substantially in compliance with the format set forth in the appendix to this Rule.
    5. Each counsel shall state at pretrial conference whether a jury trial will be waived; if not, the number of jurors demanded and AT THE FINAL PRETRIAL/STATUS CONFERENCE whether a jury view will be requested. Each attorney shall be responsible for having his/her calendar and/or schedule of trial dates with him/her at the pretrial, at which time the Court will set a trial date given shall be granted unless FOR GOOD CAUSE SHOWN.
    6. Statements of the parties or their representatives made during the pretrial conference shall not be binding upon the parties unless expressly made so by written stipulation or reflected by the Court’s pretrial order.
    7. If either party, counsel, or representative with authority to settle fails to appear at the pretrial conference, the case may be dismissed; or at request of the appearing party, the Court may hear evidence and decide the case.
    8. A final pretrial/status conference may be set by the Court for all civil cases where the Court deems it appropriate. Such conference shall be of such length as the Court deems appropriate, and shall be governed by the pretrial conditions set forth in this Rule, expecting that no additional formal pretrial statement need be submitted. This conference/pretrial shall be held, where possible, approximately thirty(30) days prior to trial. Each of the parties shall be prepared to discuss with the Court their final demand/offer in regard to settlement.

 

 

 

 

 

 

 

 

 

APPENDIX TO RULE 1.1

COURT OF COMMON PLEAS

COLUMBIANA COUNTY, OHIO

 

)

)

Plaintiff ) Case No.: ______________________________

)

VS. ) (Type): ________________________________

)

) Judge: _________________________________

Defendant )

) PRE-TRIAL STATEMENT OF:

________________________________

  1. Brief description of case (e.g. pedestrian struck while crossing in crosswalk):

 

  1. Brief description of injuries or damages (e.g. fractured leg or front end damage, etc.):

 

  1. List items by item ascertainable damages such as medical expenses, lost wage, property

damage, etc., that have been provided to you:

ITEM OF DAMAGE AMOUNT

$

$ $ $ $ $

TOTAL $

  1. Report on the status of the following:
    1. Depositions:
    2. Interrogatories:
    3. Physical examinations:
    4. Exchange of medical reports:
    5. Exchange of expert witness reports:
    6. Wage or employment verification:

 

 

 

 

  1. State any special problems with respect to trial of case:
  1. Stipulations:

 

Counsel for Plaintiff/Defendant

 

Dated:

CONTINUANCE IN CIVIL CASES

RULE 1.2

    1. In all motions for continuance on the ground of inability to procure the testimony of an absent witness, the party making the application shall state in an affidavit what is expected to be proved by such witness, and also by what acts of diligence the party has endeavored to procure the testimony of such witness, and what probability there is of obtaining such testimony if the case be continues; and if the Court finds the testimony material and that due diligence has been used, such case may be continued or passed to another assignment, unless the opposite party consents to the reading of such affidavit in evidence, I which case the trial may proceed and such affidavit may be read at trial and treated as the deposition of the absent witness.

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.
    1. Requests for continuance shall be submitted to the Judge assigned to the case at least seven(7) days prior to trial or hearing, by Motion with proposed judgment entry and shall state: the reason for the request (if due to another case scheduled in another Court, the name of the Court, case caption, date and time of the case and date assigned for trial); time and date of current assignment and a new date for hearing of trial in the event the Court grants the Motion.

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

    1. Continuances
      1. Motion for continuances shall be made in accordance with Rule 1.2
      2. A motion for continuance on behalf of the State shall be supported by the affidavit of the Prosecuting Attorney, or assistant, setting out the facts upon which the motion is based. If the motion is on the grounds of inability to procure the testimony of an absent witness, the affidavit shall state by what acts of diligence the State had endeavored to procure the testimony of such witness, and what probability there is of obtaining such testimony if the case be continued, and shall state what the affiant expects to prove by such witness, unless the Court is satisfied from an official confidential communication from the Prosecuting Attorney or his assistant that an affidavit setting out what he expects to prove by such witness would prejudice the State.
      3. Where necessary, a continuance by the defendant shall be accompanied by a written waiver of time within which the case must be tried.
    1. Pretrials
      1. In all Criminal cases there shall be held a pretrial conference at which the State of Ohio, defense counsel and the defendant must be present. Where possible, this pretrial conference will be held within 45 days of arraignment.
      2. By the date of the pretrial, the parties shall attempt to comply with requests for discovery within the time limits provided by the Criminal Rules of Procedure or within 30 days of such request.
      3. At the pretrial, a trial date will be set, which will not be conducted without written Motion as provided in this Rule.
      4. Counsel must be prepared at pretrial to discuss the necessity of hearings an motions which may be necessary to be filed. It is the intent of this Rule, that at the pretrial the parties discuss frankly what motions will be necessary to be heard so that those motions may be set for a proper date and time well in advance of trial.
      5. At the pretrial, parties must be prepared to discuss length of trial, jury view, special arrangements for the jurors, expert witnesses and such other matters as the Court may direct in order to properly schedule the trial.
      6. In all cases where the try-by time of the case will not permit a pretrial to be heard within 45 days of arraignment, the Prosecuting Attorney shall notify the Judge assigned to the case immediately after arraignment of the try-by time and a schedule for pretrial and trial will be determined at that time by the Judge. The Prosecuting Attorney, within ten(10) days of the arraignment, shall provide each Judge and Bailiff with a list of the criminal cases arraigned and try-by times. This Rule shall also apply to those criminal cases arraigned individually on spot basis instead of with the general arraignments.

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 arbitrator’s fees.

Revised(10/15/90)

 

DISCOVERY PROCEDURE

RULE 1.5

(A)

      1. Objections to Interrogations: Objections to interrogations shall include, immediately preceding any discussion and citation of authority, the interrogatory in full to which objection is made.
      2. Counsel are encouraged to participate in pretrial discovery conferences to reduce, in every way possible, the filing of unnecessary discovery procedures. The parties are encouraged to personally consult and make attempts to resolve their differences prior to filing Motions to Compel or Motions for Protective Order with the Court.
    1. Motions to Compel or Protective Order: Each party opposing the motions shall serve and file within fourteen(14) days thereafter a brief written statement of reasons in opposition to the motion and list of citations of the authorities on which he relies. If the motion requires the consideration of facts not appearing of record, he shall also serve and file copies of all affidavits, depositions, photographs or documentation evidence which he desires to submit in opposition to the motion. Motions to Compel should state the efforts made of counsel to resolve the disputes amongst themselves.
    2. Medical Examination: If an examination is made under Rule 35 of the Ohio Rules of Civil Procedure, the cost of such examination shall be paid by the requesting party. Note: (Should we discuss right of counsel or representation to be present during exam)
    3. Filing of Discovery Documents:
      1. Except as permitted by this Rule and the Ohio Rules of Civil Procedure, originals or copies of any discovery requests or answers to discovery requests shall not be filed with the Clerk of Courts. Certificates of notice of service of request for discovery or answers to such request may be filed with the Court, and the Ohio Rules of Civil Procedure shall be adhered to.
      2. The Clerk of Courts shall not accept for filing any document prohibited by this Rule. The Clerk shall accept for filing the originals of interrogatories filed for service with a Complaint in action. When such original interrogatories are filed with the Complaint, the Clerk shall serve the original of the interrogatories on the defendant or defendants. Counsel shall file a certificate or notice of such service at the time of the filing of the Complaint.
      3. The Clerk shall accept for filing copies of any discovery documents where such discovery document is filed in support of a motion filed in the case, including a motion objecting to the discovery or answers to the discovery, or seeking to compel discovery.
      1. It is the purpose of this Rule to limit the amount of documents filed in an action in order to conserve space and to have filed with the Court, only those documents necessary for decisions.
      2. Nothing in this Rule shall prohibit the filing of interrogatories, depositions, or the like, where those documents are filed for use at trial and notice of such filing shall be served on opposing counsel.

 

RULE 1.6 is hereby deleted.

 

ASSIGNMENT OF CASES FOR TRIAL

RULE 1.7
      1. All cases that are at issue will be assigned for trial on the order in which they are filed, unless otherwise ordered by the Court, subject to the Ohio Rules of Superintendence.
      2. All assignments of cases for trial shall be made by the Judge or the Assignment Commissioner with the approval of the Court. Notice of such assignment shall be mailed by the Assignment Commissioner to counsel for all parties involved.
      3. In all cases where a jury has been demanded, the Court shall be notified of settlement as early as possible prior to the beginning of trial.
      4. If two cases are set for trial and the number one case goes forward, the number two case may be transferred for trial on its scheduled date to another Judge of the Court, or it may be transferred to a standby list, at the Court’s discretion.

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:
        1. All cases that had been set for trial and a continuance has been granted, whether or not a tentative new trial date has been set or not;
        2. All cases that had been set for trial, but due to an earlier set case going forward to trial, or due to conflict with the Rules of Superintendence or Criminal Rules requiring another case to be given precedence has been continued;
        3. Cases or motions where trial or hearing was begun but not completed;
        4. Cases "settles" where a settlement/judgment entry has not been provided to the Court within 15 days of the original scheduled trail date;
        5. Standby cases may be subject to call for trial on the merits within 48 hours of oral or written notification from the Court. However, due consideration shall be given to jury AND COMPLEX trials and the ability to have witnesses or expert witnesses present within known time frames;
        6. All cases set for jury trial that were not heard on the date scheduled due to continuance or other circumstances shall immediately be set for status conference before the Court within 30 days of the scheduled date, and said cause shall not be called for trial on the merits, without consent of counsel, within said period of time;
        7. No case shall be removed from the standby list until tried or judgment entry of settlement has been signed by the Court.

 

FILING OF PLEADING, MOTIONS AND DOCUMENTS

RULE 2.0

    1. In every pleading, motion or document filed with the Clerk’s Office, the caption shall contain the name of all the parties with the complete address of those whose names appear in the proceedings. If the party filing the pleadings, motion or document is represented by counsel, then the name, address, telephone number, and attorney registration number of such counsel shall be included.
    2. The Clerk of Courts shall not accept pleadings, motions, judgment entries, or other documents that do not comply with the rules and orders of the Court.
    3. Each complaint, cross-complaint and counterclaim shall state the nature of the action by what is known and shall be known as Case Designation. This rule shall be for internal use of the Court only and will not affect the merits of any pleadings filed in the Court. The information relative to Case pleadings filed in the Court. The information relative to Case Designation shall appear in numerical order immediately below the pleading designation. Such information shall include, but not be limited to the following:

 

TYPE OF CASE
    1. Professional Tort (medical, legal or other professional malpractice)
    2. Product Liability
    3. Other Tort
      1. Personal Injury - motor vehicle
      2. Personal Injury - other than motor vehicle
      3. Other Tort
    1. Worker’s Compensation
    2. Foreclosures
    3. Administrative Appeal
    4. Other Civil Actions
      1. Appropriations
      2. Declaratory Judgment
      3. Injunction
      4. Money Only (account/contract/cognovit/subrogation/etc.)
    1. Delinquent Tax Foreclosures
    2. Domestic Relations
      1. Divorce with Children
      2. Divorce without Children
      3. Dissolution with Children
      4. Dissolution without Children
      5. Domestic Violence
      6. Reciprocal
      7. Change of Custody
      8. Visitation Enforcement/Modification
      9. Support Enforcement/Modification
      10. Alimony Only
      11. Original Custody Action (UCCJA)

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.

    1. Each complaint, cross-complaint and counterclaim where a jury has been demanded, shall so designate immediately below the case designation with the following language: "Jury Demanded," or in accordance with the Ohio Civil Rule 38, which shall not be deemed to replace the jury demand itself.
    2. All pleadings, motions and documents filed with the Court shall be on that size paper in accordance with the rules in the State of Ohio, and the Clerk of Courts shall not accept any pleadings, motions, documents, including exhibits, which do not conform to the 8 ½ inch by 11 inch format presently required by the Rules.

(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 Court’s 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

    1. Absent good cause shown, the Court will not grant a third leave to plead without the parties or counsel seeking such leave by written motion and personally appearing before the Court to explain the necessity of obtaining such third leave to plead and the reasons why a pleading could not be filed earlier.
    2. In all judgment entries granting leave to plead, the party or counsel shall state the number of leaves to plead previously sought.
    3. No more than two(2) leaves to plead or a third leave to plead as provided by this Rule shall be granted in any action.

 

PLEADING IN DEFAULT

RULE 2.2

    1. A party in default for pleading may file such pleading with the written consent of opposing counsel, subject to Ohio Rule of Civil Procedures 6 (B).
    2. Where a party is in default for more than sixty (60) days, leave of Court by motion and affidavit must be sought before pleading.

 

AMENDMENTS TO PLEADINGS

 

RULE 2.3

    1. Amendments to pleading will be allowed only in accordance with Ohio Rules of Civil Procedure 15.

 

NOTICE OF MOTION AND BRIEFS

RULE 2.4

    1. Any party filing a motion or other paper in a cases which is required to be placed on the motion docket, shall, on the day of filing, furnish a copy and notify the attorney of the opposite party of the filing thereof in person or by notice mailed to his address
    2. All motions shall be accompanied with a brief or memorandum containing the grounds thereof and the authorities relied upon. For lack of such brief or memorandum, such motion may be stricken from the file or dismissed.

ASSIGNMENT OF MOTIONS FOR HEARING

RULE 2.6

    1. All motions shall be decided without oral hearing, unless requested by a party who has entered an appearance on the record of the case, unless determined not necessary by the Court. The Court believes the parties should be able to stipulate as to factual matters concerning most motions and an oral hearing shall be necessary except for those motions which require the production of evidence, criminal motions and certain domestic relations motions. The moving party shall file with the Motion, a brief supporting memorandum containing authorities relied upon, and affidavits or other supporting documents required or appropriate. Each party opposing a Motion shall file a written response within 14 days after receipt of the Motion. Reply or additional briefs may also be filed with approval of the Court.
    2. Motions shall be assigned for hearing where approved by the Court in the order in which they appear on the motion docket, except when otherwise ordered by the Court. The Assignment Commissioner shall mail a written notice of such hearing to the counsel involved. If the hearing in the opinion of counsel shall take more than 15 minutes, a request for additional time shall be made to the Assignment Commissioner prior to a date being set.

 

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

(DEBTOR’S 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 ARBITRATOR’S 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

      1. No person except a Judge of the Court, the Court Bailiff’s, the Court Reporters, the Assignment Commissioner, the Court Secretary, or someone on the Judge’s written order, shall be permitted to take papers from the files of the Court out of the custody of the Clerk. Pleadings and papers, while in use in the trial of a case in the Courtroom shall be considered in the custody of the Clerk.
      2. It shall be the duty of the Clerk, when requested by the attorney of any party to any suit then pending, to make and furnish to said attorney a copy of any paper or pleading on file in his office pertaining to such suit, and the fees of the Clerk for making such copies shall be taxed in such cases.

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

    1. In all cases where the opposite party is not represented by an attorney, an attorney who has procured an order, judgment or decree from the Court shall prepare and furnish to the Court, a judgment entry reflecting the Court’s order within ten(10) days after the procurement of the order.
    2. In cases where the opposite party is represented by an attorney, the attorney who has procured an order, judgment, or decree shall submit to all other attorneys in the case, a judgment, entry of that order, judgment or decree for examination by the other counsel, within ten(10) days after procurement of the order. If the other counsel approves the judgment entry as submitted, the entry and return it to the attorney who prepared it within three(3) days. The attorney who prepared it shall then present it to the Court within three(3) days.
    3. If any counsel to whom an entry is submitted does not approve it, that counsel shall, in writing, state the reasons for not approving the judgment entry, shall write the reason therefore on the entry and return it to the counsel who prepared it within three(3) days of receipt.
    4. Any attorney who receives an entry for approval shall return it to the attorney who prepared it within three(3) days. F it is necessary to mail an entry to an out-of-town attorney, then that entry shall be mailed within the time period prescribed in this Rule.
    5. When counsel to whom an entry has been submitted fails to approve or disapprove the entry within the time limits of this Rule, then the attorney who prepared the entry shall submit it to the Court along with proof of service on the opposing counsel, and then Court may then disapprove or approve the entry. When an entry has been disapproved by another attorney, the attorney who prepared the entry shall submit it to the Court and the Court may then approve or disapprove the entry.
    6. In any case, if no judgment entry is submitted to the Court within thirty(30) days of the Court entering a docket entry on any matter before the Court, the Court may enter its won judgment entry on record.
    7. When a matter has been settled, this Rule shall be adhered to for the submission of a settlement entry. If the Court has not received an entry of settlement within thirty(30) days of the Court being informed of the settlement, then the Court may enter its own order or an order dismissing the action as settled.
    8. All judgment entries being delivered the Courthouse or mailed to the Courthouse for signature shall be filed with the Administrative Assistant of the respective Judge and thereafter, shall be appropriately directed to the Judge. Judgment Entries shall not be personally presented to the Judge without first going through the Administrative Assistant or immediately after Court proceedings through the Bailiff.

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 Magistrate’s Office. If there are entries that require immediate signatures, they shall first be presented to the Magistrate’s secretary.

(Addition effective 6/1/93)

RULE 6.0 IS HEREBY DELETED

 

CONDUCT OF COUNSEL

RULE 7.0

 
      1. The Code of Professional Responsibility as adopted by the Supreme Court of Ohio, shall be enforced by the Court. All counsel are charged with knowledge of the Code and with adherence to it.
      2. If it comes to the knowledge of the Court during a pending action that an attorney may be guilty of a violation of said Code or if presented to the Court upon written motion supported by affidavit of any attorney or member of the public, setting forth allegations of fact tending to show an infraction of the Code, the Court may conduct an investigation to determine whether or not the Code has been violated. Upon a finding by the Court that the Code has been violated in connection with any action pending before the Court, the Court shall order that the proceedings of the case be stayed until such time as the offending attorney has withdrawn from the case.
      3. If the Court finds that there has been a breach of the Code concerning any matter not in litigation, the Court shall refer the matter to the local bar Grievance Committee or the Disciplinary Council of the Supreme Court.
      4. Nothing in this Rule is intended to limit or supersede any provision of law relating to the duties and obligations of attorneys or the consequences of a violation of the Code of Professional Responsibility.

 

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

 

    1. Counsel shall advise clients and witnesses to be properly attired when appearing before the Court. Clients and witnesses should be advised to avoid wearing inappropriate attire for the proceeding before the Court and to maintain the decorum of the Court.

CONDUCT AT TRIAL

RULE 7.5

    1. Only one(1) attorney for each party shall examine a witness during trial.
    2. In the argument of a question of law or case to the Court or Jury, no more than two(2) attorneys for each party shall be heard. The Court may limit arguments to such time as the Court deems reasonable.
    3. Stipulations and agreement between the parties or their counsel will not be recognized by the Court unless reduced to writing and signed by the parties or their counsel or agreed to in open Court on the record.
    4. The parties may file trial briefs setting forth the actual and legal basis for their claims and bringing to the Court’s attention any anticipated legal issues that might arise during trial. Copies shall be furnished to opposing counsel at least one(1) day prior to trial. If such briefs are not filed before trial, the Court reserves the right not to accept any such briefs during or after trial.

JURORS

RULE 8.0

 

    1. The Jury Commission shall draw and prepare jury lists in accordance with Section 2313.19 et seq. Of the Ohio Revised Code and in keeping with this Rule.
    2. Drawing of Jurors
      1. In order to provide a sufficient number of jurors for the annual term of Court, juror drawings shall be held twice a year.
      2. The County Board of Elections and the Secretary of State shall provide the Jury Commissioners with an annual list of jurors which shall be adequate to handle an entire year’s demand for jurors. The Secretary of State shall provide the Jury Commissioners with a computerized list of jurors, properly constituted by precinct.
    1. Trial Jurors. Trial jurors shall serve for a one(1) month period. If a trial carries over to the following month, jurors seated for that trial shall serve until the trial is concluded.
      1. One hundred(100) jurors shall be summoned for jury duty each month, unless otherwise ordered by the Court, and shall be shared by both Courts.
      2. The Jury Commission Clerk shall assign available jurors, by number, to each Courtroom. In the event a juror is excused from service in one Courtroom, he/she may be assigned for service to the other Courtroom on an "as needed" basis.
      3. The Bailiff of each Courtroom shall provide each juror with an identification badge, in a form to be prescribed by the Court, to be prominently displayed by the juror while on jury duty, and used pursuant to Bailiff’s instructions.
      4. The compensation of each Petit Juror is fixed at Fifteen and no/100 dollars( $15.00) for each day’s attendance, or as modified by Section 2313.34, Revised Code.
    1. Grand Juror
      1. On any day the Jury Commissioners meet, if requested by the Court, they shall prepare a list of Grand Jurors and see that those are mailed out with the appropriate information.
      2. Grand Jurors shall be summoned quarterly
      3. The compensation of Grand Jurors shall not exceed Ten and no/100 Dollars($10.00) per day, or as modified in accordance with Ohio Revised Code Section 2313.34.

 

 

 

 

 

 

 

 

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 MAGISTRATE’S 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 Magistrate’s 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 Court’s 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
      1. A statement that the Court reserves the power to modify the matters of child support, companionship and parenting

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 Court’s 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 Clerk’s 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 child’s 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 child’s 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 child’s 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 parent’s work schedule and/or the children’s 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 parent’s work schedule and/or the children’s 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 children’s bedtimes.

Parents should respect a teenager’s 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 teenager’s 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.

Mother’s Day Mother Mother 10 a.m. to 9 p.m.

Father’s Day Father Father 10 a.m. to 9 p.m.

Child’s B’day Mother Father 5 p.m. to 9 p.m.

(school)

Child’s B’day 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 children’s 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 child’s 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 parent’s care.
    1. Telephone: The children must be allowed to have reasonable communication by telephone at least one time per week, with both parents, regardless of with whom the child is currently living. Reasonable shall be defined as one time per day. The non-residential parent shall pay for calls on the week days and the residential parent shall pay for calls on the weekends. The child(ren) shall call the non-residential no less than every Sunday evening of each and every week.

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 child’s traveling time does not exceed three hours one way. The residential parent must be notified at least one week in advance.

b Father’s Day and Mother’s 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.
    1. Moving: If the residential parent intends to relocate to a new residence, that parent shall cause a Notice of Intent to Relocate to be filed with the Court as provided by Revised Code 3109.51(G)

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.
    1. 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 children’s 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.
  1. 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.

 
    1. Current Address and Telephone Number: Each parent must keep the other informed of his/her current address and telephone number at all times.
    2. Modifications: This schedule can be changed or modified by the Court if need for such is shown.

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.
    1. Transportation: Responsibility for transportation costs should be decided in advance and a plan written into an order of the Court. The costs of transportation, in the appropriate case, may be a basis for deviation from the child support schedule.

 

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 child’s 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 child’s 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 Parent’s 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 Parent’s presence at the Non-Residential Parent’s 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 Court’s 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 Court’s 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:
      1. In an action for divorce, dissolution or legal separation, a financial

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.
      1. An entry in accordance with rule 9.0.

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 child’s 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 auditor’s 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 Court’s 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 MAGISTRATE’S 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 client’s wishes which may be contrary to the client’s 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 CLE’s 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 court’s 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/ren’s school, if any,

c. Contact the child’s 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’

    1. Perform, home visits ( may be combined with the interview process or the

      2. home investigation if ordered by the Court)

    2. Determine the necessity, if any, of evaluations and/or counseling for the

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 Affiant’s 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:
Born to this Marriage? Name and

Date of Birth

 Current Place of Residence Relationship Age Amount of

Support Ordered
 

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 
 

PERSONAL INFORMATION

 

HUSBAND

WIFE
Age  

 
 

Education, Occupation, and Training

  

 
 

Present Health & Well Being

  

 
 

Previous Number of Marriages, Children

  

 

 

 

 
 

EMPLOYMENT AND MEDICAL INSURANCE

Answer the following questions about your and your spouse’s employment and insurance from all sources, including health care insurance
 

 

  

Husband

Wife
Employer:  

 

  

 
 

Address:

 

  

 

 

 

 

  

 
 

Telephone:

  

 

  

 
 

Medical Insurance:

  

 

  

 
 

Address:

 

  

 

  

 
 

Insurance ID Number including

Subscriber’s ID, Group and Policy No

    

 
 

Children Covered (Y/N)

  

 

  

 
 

Out-of-pocket cost to Husb. Or Wife?

  

 

  

 
 

Names of Additional Employers within the last 12 months:

 

  

 

  

 

 
 

PENSION AND OTHER RETIREMENT PLANS
 

 

  

Husband

Wife
Name of Plane    

 
 

Type of Plan

    

 
 

Eligible Age and Starting Year

    

 
 

Future Monthly Payment at Retirement Date

    

 

 
 

WORKERS COMPENSATION, DISABILITY, OR OTHER BENEFITS

Report all workers compensation, disability, social security, pension, retirement, or other benefit received by you or your spouse:
 

 

  

Husband

Wife
Source or Name of Benefit

(WCSS, PERS, ADC, GR, etc.)

    

 
 

Claim Number

    

 
 

type (TT, PT, Ret, ADC, GR, etc.)

    

 
 

Amount or Rate and its frequency

    

 
 

Current Status and/or Expiration Date:

    

 

 

 

 

 

 
 

SEPARATE PROPERTY

Section 3105.18(A)(6)(a)

List all real and personal property and any interest in real or personal property acquired (I) by inheritance["I"], (ii) before the marriage ["B"], (iii) passive income and appreciation from separate property during the marriage ["PAS"], (iv) after a decree of legal separation ["LS"], (v) by exclusion by antenuptial agreement ["AN"], (vi) personal injury compensation ["PI"] except loss of marital earnings and expenses paid from marital assets, (vii) gifts solely to one spouse ["G"]

 

Category

 Description Particulars re date acquired, tracing, and dispositions leading to ownership of the property FMV Debt
INHERITANCES

 

 

 

 

 

  

 

  

 

  

 

  

 
 

PROPERTY OWNED BEFORE MARRIAGE

 

 

 

  

 

  

 

  

 

  

 
 

PASSIVE INCOME AND APPRECIATION FROM SEPARATE

PROPERTY

 

 

 

  

 

  

 

  

 

  

 
 

PROPERTY ACQUIRED AFTER A DECREE OF LEGAL SEPARATION

 

 

 

 

  

 

  

 

  

 

  

 
 

EXCLUDED BY ANTENUPTUAL AGREEMENT

 

 

  

 

  

 

  

 

  

 
 

PERSONAL INJURY

COMPENSATION EXCEPT LOSS OF MARITAL

EARNINGS, ETC.

 

 

  

 

  

 

  

 

  

 
 

GIFTS SOLELY TO ONE SPOUSE

 

 

 

  

 

  

 

  

 

  

 

 

 

 
 

MARITAL ASSETS

List and describe all marital property. Abbreviations may be used to answer Possession, Owner, and Source questions, ie. "H" for husband "W" for wife, "J" for joint. Use the second column to particularly describe the property. Use extra pages if necessary and give a reference to the schedule or exhibit that contains the additional information.

 

Category

 Description/Name Posses-

sion

 Owner Source FMV Debt Equi y Monthly Payment
FUNDS ON DEPOSIT    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 
 

REAL ESTATE

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 
 

FURN HOUSE GOODS

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

MOTOR VEHICLES

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 
 

TOOLS

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

STOCKS & SECURITIES

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

INSURANCE (identify

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

+ amount of Cash

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

Value)

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

PENSIONS &

   

 

  

 

  

 

  

 

  

 

  

 

  

 
 

RETIREMENT ACCTS.

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 
 

PERSONAL EFFECTS

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

OTHER, including jewelry, art, boats, notes, accts. Rec, etc.

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

SUBTOTAL ASSET & ENCUMBRANCES

    

 

  

 

  

 

  

 

  

 

  

 

  

 
OTHER DEBTS THAT Department Stores Use supplemental sheet if necessary    

 

  

 
 

WERE NOT INCLUDED

 Credit Card (V, MC, AX, etc.) "" "" ""    

 

  

 
 

ABOVE

 Loans "" "" ""    

 

  

 
 

 

  

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 

  

 

TOTALS

   

 

  

 

 

 

 

 

 

 

 

 
 

SCHEDULE OF DEPARTMENT STORE CHARGE ACCOUNTS, CREDIT CARDS, UNSECURED LOANS AND OTHER

DEBTS

(Pass subtotals of each category to Marital Worksheet under the appropriate category
 

Type

Name of Creditor

Debt

Monthly Payment
 

DEPARTMENT STORE

CHARGE ACCOUNTS

    

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

SUBTOTAL, DEPARTMENT STORE ACCOUNTS

    

 
 

CREDIT CARDS

    

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

SUBTOTAL, CREDIT CARDS

    

 
 

UNSECURED LOANS

    

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

SUBTOTAL, UNSECURED LOANS

    

 
 

OTHER DEBTS

    

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

 

  

 

  

 
 

 

  

SUBTOTAL, OTHER DEBTS

    

 

 
 

 

  

 

 

 

 

 

 

 

 
 

INCOME HISTORY

| Husband | Wife

 

Three Years Ago

Two Years Ago

One Year Ago

Current Year To Date

Three Years Ago

Two Years Ago

One Year Ago

Current Year To Date
Wages, Commissions, Salaries, other than overtime and bonuses    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

Overtime and Bonuses

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

Other Income

    

 

  

 

  

 

  

 

  

 

  

 

  

 
 

Totals

    

 

  

 

  

 

  

 

  

 

  

 

  

 

 
 

CURRENT INCOME

State the sources and amounts of all income for you and your spouse. Use extra pages to itemize or explain.

[Identify Reporting Period, i.e. Per year, Per Month, Every 2 Wks, etc.]
 

 

  

 

  

Husband

Wife
WAGES Gross Wages Every ( )    

 
 

 

  

Federal Income Tax

    

 
 

 

  

Social Security (FICA)

    

 
 

 

  

State Income Tax

    

 
 

 

  

Local Tax

    

 
 

 

  

Union dues

    

 
 

 

  

Medical Insurance

    

 
 

 

  

Spousal or Child Support Orders

    

 
 

 

  

Other: bonds, credit union, savings, Keogh

    

 
 

 

  

SUBTOTAL DEDUCTIONS

    

 

 
 

 

  

INTEREST INCOME

    

 
 

 

  

DIVIDENDS

    

 
 

 

  

ANNUITIES

    

 
 

 

  

RENTALS, TRUSTS, PARTNERSHIPS, ESTATES, S-CORPS, OR BUSINESS. INCLUDE (ADD BACK) DEPRECIATION EXPENSES.

    

 
 

 

  

IN-KIND BENEFITS

Type: _____________________________

    

 
 

 

  

OTHER INCOME

Type: _____________________________

    

 

 
 

GRAND TOTAL, GROSS INCOME

 

  

 
 

GRAND TOTAL, NET AFTER WAGE DEDUCTIONS

 

  

 

 
 

AVERAGE REGULAR MONTHLY EXPENSES
 

 

  

HUSBAND

WIFE
FOOD, including Milk & School Lunches

 

  

 
 

HOUSING: Rent/Mortgage

 

  

 
 

R/E Taxes

 

  

 
 

Insurance Maintenance & Repairs

 

  

 
 

UTILITIES: Electric

 

  

 
 

Heating Fuel

 

  

 
 

Water/Sewer

 

  

 
 

Telephone

 

  

 
 

Cable TV

 

  

 
 

Trash Service

 

  

 
 

MEDICAL: Insurance (not in wage deduction)

 

  

 
 

Uninsured Med & Drugs

 

  

 
 

CLOTHING & SHOES

 

  

 
 

LAUNDRY & HOUSEHOLD:

 

  

 
 

AUTO: Loan Payments

 

  

 
 

Insurance

 

  

 
 

Gas, Oil, Repairs

 

  

 
 

Other Transportation

 

  

 
 

INSURANCE (Other than R/E, Auto, Med) Life

 

  

 
 

Disability

 

  

 
 

Medical(not deducted from Wages)

 

  

 
 

Other: ____________________________

 

  

 
 

RECREATION/ENTERTAINMENT

 

  

 
 

PERSONAL GROOMING

 

  

 
 

DAY CARE, BABY-SITTERS, & OTHER CHILD CARE

 

  

 
 

DEBT PAYMENT, except R/E, Auto, or other from above

 

  

 
 

OTHER: Specify. Use Extra Paper if Needed.

 

  

 
 

TOTAL EXPENSES:

 

  

 

 

The undersigned, ____________________________________, affairs that the answers to the above questions are true to the best of the affiant’s knowledge.

______________________________________________

Sworn to and subscribed in my presence by ___________________________ ____________, 19______

______________________________________________

Notary Public

PARENTING PROCEEDING AFFIDAVIT/CUSTODY AFFIDAVIT

31et seq., esp. 3109.27 Ohio Revised Code

The undersigned hereby affirms under oath or pain and penalty of perjury that the following information concerning the children affected by this action is true to the best of his or her knowledge:

1. The children involved are:

Name Date of Birth Current Residence

1.

2.

3.

4.

5.

2. Five year history of residence and custody

From To Reside With Reside at

 

 

 

 

3. Have you participated as a party, witness or otherwise in any other action involving the custody of these children? (Indicate "yes" or "no". if "yes" please indicate Date, Case No., Parties, Nature of Action, Disposition, and Title of other Court.)

 

4. Are there now pending proceedings in any Court? (Please indicate "yes" or "no". if "yes" please indicate Title of

other Court, Case no., and Filing Date)

 

 

5. Do you know of any other persons not a party to this action who have a Court ordered interest in parenting or visitation? (Please indicate "yes" or "no". if "yes" please give the other person’s name. Address, nature of the interest, name of Court, and case number)

 

6. Have you ever been convicted of, or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused or neglected child, or has it previously been determined, or, in a case in which a child has been adjudicated an abused or neglected child, were you determined to be the perpetrator of the abusive or neglectful act that was the basis of the adjudication? (Please indicate "yes" or "no". if "yes" please give the date, name of Court, case number, and the title of the case)

 

7. Other appropriate information:

 

Executed at ___________________________, Ohio, this ________day of ___________________________, 19____.

 

___________________________________________

Affiant

Sworn to before me and subscribed in my presence this day and date.

___________________________________________

IN THE COURT OF COMMON PLEAS

COLUMBIANA COUNTY, OHIO

 

Case No.

Phone # :

SS#: Judge

D.O.B.:

Driver's License:

Plaintiff / Oblig

v. JUDGMENT ENTRY

 

Phone #:

SS#:

D.O.B.:

Driver's License:

Defendant / Oblig

This entry is filed concurrently with matters regarding the divorce or dissolution of the above captioned parties and is limited to the issues of Child Support and Health Insurance Coverage. The child(ren) covered by this order for child support and health insurance coverage are as follows:

 

Name: DOB: SSN:

Address:

Name: DOB: SSN:

Address:

Name: DOB: SSN:

Address:

 

 

 

CHILD SUPPORT ORDER:

The Obligee must complete an application for IV-D services if the same has not been previously filed.

The Obligor is ordered to pay per month inclusive of the administrative processing fee effective the first day of , 199 as and for child support. All child support and the associated administrative processing fee must be paid through Columbiana County Child Support Enforcement Agency, P.O. Box 491, Lisbon, Oh 44432 marked with the case number above. In addition, the Obligor is required to make direct payments to the C.S.E.A. until such time as an income withholding notice becomes effective.

This child support order shall continue until the youngest child has: 1) turned 18 and graduated from High School or 2) reached their 19th birthday which ever last occurs unless the child has met statutory conditions for prior emancipation. O.R.C. 3113.31 (K)(2)

This child support order is subject to modification only upon proper request to the Child Support Enforcement Agency or motion before this Court.

The Child Support guidelines worksheet is attached to this order and incorporated by reference herein.

If you are receiving a monetary payment from any source, you are required to have the payor of that income withhold from that income the specified amount required to satisfy the court order. You are required to immediately notify the Columbiana County Child Support Enforcement Agency, in writing, of any change in the source of your income and the availability of any other sources of income that can be the subject of any withholding order. You must include the name, business address, and telephone number of any new income source. O.R.C. 3113.21(D)(1)

If you have been ordered to pay your support obligation through funds deposited in a financial institution account, you must immediately notify the Columbiana County Child Support Enforcement Agency, in writing, of any change in the status of the account from which the support is being deducted. You must also immediately notify the agency , in writing, of the opening of the new account with any financial institution, of commencement of employment, including self employment, or the availability of any other sources of income that can be the subject of a withholding order. O.R.C. 3113.21(D)(2)

If you are the residential parent of a child for whom a support order is issued, or the person who otherwise has custody of a child for whom support order is issued, you must immediately notify the Columbiana County Child Support Enforcement Agency, in writing, of any reason for which the child support order should terminate, including but not limited to the child's attainment of the age of majority if the child no longer attends an accredited high school on a full time basis and the support order does not provide for the duty of support to continue past the age of majority; the child ceasing to attend such a high school on a full time basis after attaining the age of majority, if the support order does not provide for the duty of support to continue past the age of majority; or death, marriage, emancipation, enlistment in the armed services, deportation, or change in legal or physical custody of the child. O.R.C. 3113.21(G)(4)

"ALL CHILD SUPPORT AND SPOUSAL SUPPORT UNDER THIS ORDER SHALL BE WITHHELD OR DEDUCTED FROM THE INCOMES OR ASSETS OF THE OBLIGOR PURSUANT TO A WITHHOLDING OR DEDUCTION NOTICE OR APPROPRIATE COURT ORDER ISSUED IN ACCORDANCE WITH SECTION 3113.21 OF THE REVISED CODE OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO SECTION 3113.214 OF THE REVISED CODE AND SHALL BE FORWARDED TO THE OBLIGEE IN ACCORDANCE WITH SECTIONS 3113.21 TO 3113.213 OF THE REVISED CODE." O.R.C. 3113.21(A)(1)

"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY CHANGES UNTIL FURTHER NOTICE FROM THE AGENCY. IF YOU ARE THE OBLIGOR UNDER THE SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS YOU MAY BE FOUND TO BE IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.

IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S LICENSE, AND RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." O.R.C. 3113.21(G)(1).

 

 

HEALTH INSURANCE ORDER:

______ The Obligor shall obtain and maintain health insurance coverage for the above named minor child.

______ The Obligee shall obtain and maintain health insurance coverage for the above named minor child.

_______ Both the Obligor and the Obligee shall obtain and maintain health insurance coverage for the above named minor child with the insurance being the primary insurance coverage.

_______ Neither party has health insurance available for the above named minor children. The parties shall divide the cost of health care expense and the extraordinary costs in accordance with their pro rata share of support according to the child support worksheet, to wit % to Obligor and

______% to Obligee. Both parties are ordered to notify the C.S.E.A. at the above address and phone within ten (10) days of insurance becoming available to either party so that the minor child can be added to said coverage.

 

Health care expenses not paid by insurance in excess of $100 per year per child are to be shared by the parties at the pro rata proportions according to the support calculations to wit:___to the Obligor and ______ to the Obligee. O.R.C. 3113.215(A)(12) and O.R.C. 3113.217(C)(5).

MOTHER’S INFORMATION

Name:

Address:

Phone Number: SSN: DOB:

EMPLOYER:

Name:

Address:

HEALTH INSURANCE PROVIDER:

Name:

Address:

Policy Number: Group Number:

Phone Number:

 

FATHER’S INFORMATION

 

Name:

Address:

Phone Number: SSN: DOB:

 

 

 

EMPLOYER:

Name:

Address:

HEALTH INSURANCE PROVIDER:

Name:

Address:

Policy Number: Group Number:

Phone Number:

 

The insurer that provides the health insurance coverage for the children may continue making payments for medical, optical, hospital, dental, or prescription services directly to any health care provider in accordance with the applicable health insurance or health care policy, contract or plan. O.R.C. 3113.217 (C)(3).

Each parent is to be reimbursed for out of pocket medical, optical, hospital, dental, or prescription expenses that they paid for each child who is the subject of the support order that are eligible for reimbursement. O.R.C. 3113.217 (C)(3).

DUTIES:

1. If you have been ordered to maintain health insurance coverage, you must provide the other parent with information regarding the benefits, limitations and exclusions of the health insurance coverage, copies of any insurance forms necessary to receive reimbursement, payment, or other benefit under the health insurance coverage, and a copy of any necessary insurance cards. O.R.C. 3113.217 (C)(1).

2. If you have been ordered to maintain health insurance coverage, you must submit a copy of the court order issued pursuant to division (B)(1), (2) and (4) of section 3113.217 (this order) to the insurer at the time that the you make application to enroll the child(ren) in the health insurance or health care policy, contract or plan. O.R.C. 3113.217 (C)(1).

3. If you have been ordered to maintain health insurance coverage, you must furnish written proof to the Columbiana County Child Support Enforcement Agency within 30 days of the issuance of the court order. O.R.C. 3113.217 (C)(1).

4. You must designate the children as covered dependants under any health insurance or health care policy, contract or plan for which you contract. O.R.C. 3113.217 (C)(4).

 

 

NOTICE:

If you are required to obtain health insurance coverage pursuant to the child support order for the children and if you fail to obtain the health insurance coverage, the child support enforcement agency will comply with division (D) of section 3113.217 to obtain a court order requiring you to obtain the health insurance coverage. O.R.C. 3113.217 (C)(9).

"If the person required to obtain health care insurance coverage for the children subject to this child support order obtains new employment and the health insurance coverage for the children is provided through the previous employer, the agency shall comply with the requirement of division (E) of section 3113.217 of the revised code which may result in the issuance of a notice requiring the new employer to take whatever action is necessary to enroll the children in health care insurance coverage provided by the new employer" O.R.C. 3113.217(C)(10).

The employer of the obligor or obligee required to obtain health insurance coverage is required to release to the other parent or to the child support enforcement agency upon written request any necessary information on the health insurance coverage, including but not limited to, the name and address of the insurer and any policy, contract or plan number, and to otherwise comply with this section and any court order under section 3113.217. O.R.C. 3117.217(G)(1).

IF YOU HAVE FAILED TO OBTAIN OR MAINTAIN HEALTH INSURANCE WHEN YOU HAVE BEEN ORDERED TO DO SO, YOU WILL BE RESPONSIBLE FOR ALL MEDICAL EXPENSES INCURRED ON BEHALF OF THE MINOR CHILDREN. O.R.C. 3113.217 (I)

Costs taxed to

All until further ordered.

______________________________

Magistrate Coleen Hall Dailey

JUDGMENT ENTRY

In consideration of the forgoing findings and recommendations, it is the Order, Judgment and Decree of this Court that the same be and is hereby adopted and approved.

 

 

_____________________________________

Judge C. Ashley Pike

Judge David Tobin

Approved:

________________________________

Attorney for Plaintiff

________________________________

Attorney for Defendant

________________________________

Plaintiff

 

________________________________

Defendant

 

THE CLERK OF COURTS SHALL SERVE A COPY OF THIS ENTRY

UPON THE CHILD SUPPORT ENFORCEMENT AGENCY

AND ATTORNEYS AND PARTIES LISTED ABOVE

OBJECTIONS MUST BE FILED WITHIN 14 DAYS OF THIS MAGISTRATE'S DECISION. OBJECTIONS MUST BE IN WRITING, MUST BE SPECIFIC AND STATE WITH PARTICULARITY THE GROUNDS OF THE GROUNDS OF THE OBJECTION. FOR OTHER REQUIREMENTS, SEE CIVIL RULE 53 AND LOCAL RULE.

Page 1 of 4 FIPS CODE 39029

NOTICE TO PAYOR/ OBES/ OR FINANCIAL INSTITUTION TO

WITHHOLD OBLIGOR INCOME/ASSETS

Date Mailed:

Issued By: Columbiana County CSEA Issued To: (Payor/ OBES/ Financial Institution)

126 East Chestnut St

Lisbon, Ohio 44432-0491

RE:

Obligor

Case Number:

Order Number: (Sets) Workers' Compensation Claim Number

Social Security Number:

Date of Birth:

Financial Institution Account Number

Savings Checking

GENERAL PURPOSE OF THIS NOTICE

A court of administrative order requires child support and/or spousal support to be withheld from the income or assets of a child/spousal support obligor in accordance with Revised Code Sections 2301.371, 3111.23, 3113.21, and 4141.28. These statutory sections mandate that the specific withholding and deduction requirements will be communicated by this notice. The notice is final and enforceable by the court.

This notice is transmitted by regular mail from the Domestic Relations Court, the Juvenile Court or the Division of Child Support in the Department of Human Services, or the Child Support Enforcement Agency of the jurisdictional county. A copy is provided to the obligor.

This notice applies to all successor payors and/or financial institutions who are required to comply with all orders herein. The Revised Code definitions of "payor" and "financial institution" are provided at the end of this notice.

ANY PRIOR INCOME/BENEFITS WITHHOLDING UNDER THIS IDENTIFICATION NUMBER IS NULL AND VOID, UNLESS OTHERWISE SPECIFIED.

The withholding in accordance with the notice and under the provisions of this section has priority over any other legal process under the law of this state against the same income.

WHAT TO WITHHOLD AND WHERE TO SEND IT

Pursuant to Revised Code Sections 2301.371, 3111.23, 3113.21, or 4141.28 and the above cited Court order, the obligor's payor or financial institution or the Ohio Bureau of Employment Services (OBES) is hereby notified to withhold from the income/ benefits/ funds of the obligor, the sum of $ PER MONTH from the following: personal earnings, Workers' Compensation benefits (including those benefits paid by employer), unemployment compensation benefits to the extent permitted by law, pension, annuity, allowance, or other benefit, governmental retirement benefits, and form of income, including, but not limited to federal, state or local government benefits to the extent that the benefits can be withheld or deducted under any law governing the benefits to the form of trust or endowment fund, any form of trust fund, vacation pay, commissions, and draws against commissions paid regularly, bonuses, profit sharing, distribution of any lump-sum payment, disability or sick pay, insurance proceeds, or endowment, funds on deposit in a financial institution, and any other payment in money.

KEEP READING>>>>>>>>

ODHS 4047 (3/98) COUNTY REPRODUCED

 

 

Page 2 of 4

 

All amounts remitted shall include the obligor's name, identification number, social security number, and the amount remitted and the date on which the amount was withheld.

Payors (who are not employers) and financial institutions are required to implement the deduction no later than fourteen working days following the date this notice was mailed and are required to continue the deduction thereafter IMMEDIATELY, but not later than seven (7) working days after the payment or deduction is made, to Columbiana County CSEA.

Employers must begin withholding no later than the first pay period that occurs after fourteen working days following the date this notice was mailed and to continue the deduction thereafter IMMEDIATELY, but not later than seven (7) working days after the payment or deduction is made, to Columbiana County CSEA.

If pay or income cycle is not monthly, the following formula is to be used by the income provider to calculate the amount to withhold and send to the Agency for that pay cycle:

1. If pay cycle is weekly, multiply the monthly amount by 12 and divide by 52.

2. If pay cycle is every other week, multiply monthly amount by 12 and divide by 26.

3. If pay cycle is twice monthly, multiply monthly amount by 12 and divide by 24.

You may combine all payments in one check to Columbiana County CSEA if you have more than one notice of withholding due this Agency, provided you include a written list of names, social security and order number or identification numbers, and amount withheld for each employee. If an employee has more than one notice for withholding/deduction, please make a separate entry for each.

YOU MAY DEDUCT AN ADDITIONAL SERVICE FEE

(Excludes Unemployment Compensation Benefits)

1. A payor may deduct a fee of $2.00 or 1% of amount to be withheld, whichever is greater (including an employer paying workers' compensation).

2. A financial institution may deduct a fee of $5.00 or a fee not to exceed the lowest rate, if any, charged for a similar debt transaction, whichever is less of the amount specified to be withheld.

OTHER REQUIREMENTS

3. A payor shall withhold the amount set forth herein; however, under no circumstances shall you withhold a total amount, including all fees, in excess of the amount allowed under Section 303(b) of the Consumer Protection Act, 15 U.S.C. 1673(B). The CCPA does not apply to unemployment compensation payments and withholding from financial institutions. According to this act, the amount withheld is not allowed to exceed:

To the extend possible, the amount set forth shall be withheld, notwithstanding the limitations of sections 2329.66, 2329.70, 2716.05, and 4123.67 of the Ohio Revised Code;

COUNTY REPRODUCED ODHS 4047 (3/98)

Page 3 of 4

 

 

  1. The amount withheld with respect to a week of unemployment benefits shall not exceed fifty per cent of the individual's weekly benefit amount.
  2. Payors/ OBES/ financial institutions shall continue this withholding until the director or designee of the Columbiana County Child Support Enforcement Agency notifies you in writing to terminate or reduce the withholding.
  3. Payors shall prorate the amounts due when two or more support orders are received for this obligor, which when combined exceed the limits of the Consumer Credit Protection Act. Multiply current support by a fraction with a numerator that represents the available amount of income and a denominator that represents the total amount designated for payment in the notices.
  4. Payors shall allocate to each notice an amount for current support equal to the amount designated in that notice as current support multiplied by a fraction in which the numerator is the amount of personal earnings, payments, pensions, annuities, allowances, benefits, other sources of income, or savings available for withholding and the denominator is the total amount designated in all of the notices as current support.
  5. If the total of the amounts designated in the notices as current support does not exceed the amount available for withholding under the Consumer Credit Protection Act, the payor shall pay all of the amounts designated as current support in the notices and shall allocate to each notice an amount for past-due support equal to the amount designated in that notice as past-due support multiplied by a fraction in which the numerator is the amount of income remaining available for withholding after the payment of current support and the denominator is the total amount designated in all of the notices as past-due support.
  6. Payors shall notify this County Child Support Enforcement Agency in writing within ten days after the date of any situation that occurs including termination of employment, layoff of the obligor from employment, any leave of absence of the obligor without pay, termination or workers compensation or benefits, or termination of any pension, annuity, allowance, or retirement benefit, in which the payor ceases to pay sufficient income to satisfy the ordered support.
  7. Payors shall notify this County Child Support Enforcement Agency in writing of any benefits other than personal earnings due this obligor due to: termination of employment, workers' compensation benefits, annuity, allowance or other benefit, income, an account from which a deduction is made; the receipt of unemployment compensation, receipt of workers' compensation, severance pay, sick leave, lump sum payment of retirement benefits or contributions, bonus, profit sharing, or distributions; the opening of any new account at this or another known institution. Include in the notice the new employer's name and address, if known, the name, last address, identification number, social security number, date of birth and telephone number of obligor.
  8. Payors shall no later than forty five (45) days before the lump sum payment is to be made, or the day on which that determination is made if it is determined less than forty-five (45) days before a lump sum payment is made, notify the Columbiana County Child Support Enforcement Agency of any lump sum payments of any kind of one hundred fifty dollars or more that are to be paid to the obligor, hold the lump sum payments of one hundred fifty dollars or more for thirty days after the date on which the lump sum payments would otherwise have been paid to the obligor, and, upon order of the court or CSEA, pay any specified amount of the lump sum payment to the Division of Child Support.
  9. Financial institutions must promptly notify the Columbiana County Child Support Enforcement Agency, in writing, within ten days after the date of any termination of the account from which the deduction is being made and notify the agency, in writing, of the opening of a new account at that financial institution, the account number of the new account, the name of any other known financial institutions in which the obligor has any accounts, and the numbers of those accounts. The financial institution must include in all notices the obligor's last known mailing address, last known residence address, and social security number.

PENALTIES MAY BE APPLIED IF YOU FAIL TO COMPLY

If the payor fails to withhold income or assets in accordance with the provisions of the notice, the payor, except for the Bureau of Employment Services making unemployment benefit payment, is liable for the accumulated amount that should have been withheld from the obligor's income/asset

KEEP READING>>>>>>>

ODHS 4047 (3?98) COUNTY REPRODUCED

 

Page 4 of 4

 

If the payor fails to comply with this notice, the county child support enforcement agency will bring an action requesting the court to issue an order requiring compliance pursuant to Ohio Revised Code section 3111.23 or 3113.21. The income provider may be found guilty of contempt of court.

The law provides penalties, including fines and liability for funds not properly forwarded to the Agency, for any employer who discharges, refused to hire, or disciplines any employee because income is ordered to be withheld for payment of support.

 

 

QUESTIONS?

Questions regarding this notice can be directed to , at

.

 

 

 

Pursuant to Revised Code sections 3111.20(A)(8) and 3113.21(P)(9), "payor" means any person or entity that pays or distributes income to an obligor, including the obligor, if the obligor is self employed; an employer; and employer that is paying the obligor's workers' compensation benefits; the public employees retirement board; the board of trustees, or other governing entity of a municipal retirement system; the board of trustees of the police and firemen's disability and pension fund; the state teachers retirement board; the school employees retirement board; the state highway patrol retirement board; the bureau or workers' compensation; or any other person or entity, except the bureau or employment services with respect to unemployment compensation benefits paid pursuant to Chapter 4141. of the Revised Code.

Pursuant to Revised Code sections 3111.20(A)(6) and 3113.21(P)(1), "financial institution" means a bank, savings and loan association, or credit union, or a regulated investment company or mutual fund in which a person who is required to pay child support has funds on deposit that are not exempt under the law of this state or the United States from execution, attachment, or other legal process.

"OBES" means the Ohio Bureau of Employment Services (Revised Code 4141.).

 

 

IN THE COURT OF COMMON PLEAS

COLUMBIANA COUNTY, OHIO

SSN:

DOB:

Plaintiff/Oblig

vs.

SSN:

DOB:

Defendant/Oblig

 

 

 

 

ORDER TO SEEK EMPLOYMENT

ORC 3113.21(D)(4)

 

CASE NO:

sets no:

 

JUDGE:

In accordance with Ohio Revised Code Section 3113.21(D)(4) the obligor in the above captioned matter has been determined to be unemployed, have no income at this time, and have no funds at any financial institution.

Therefore it is the order of this court that the obligor is hereby ordered to seek employment.

Upon signing the Acknowledgment of Seek Work Order and Waiver for OBES to Release Information, the Ohio Bureau of Employment Services shall be authorized to inform the Child Support Enforcement Agency of compliance with this order.

The Obligor must notify the CSEA, (330-424-7781, 800-353-0125, 126 East Chestnut St, Lisbon, Oh 44432) upon obtaining employment, upon obtaining any income, or upon obtaining ownership of any asset with a value of five hundred dollars or more.

 

__________________________________________ Magistrate Coleen Hall Dailey

 

THE CLERK OF COURTS SHALL SERVE A COPY OF THIS

ENTRY ON THE CSEA AND OBES, PLAINTIFF AND DEFENDANT

NOTICE: PARTIES HAVE 10 DAYS FROM THE FILING OF THIS

REPORT TO FILE WRITTEN OBJECTIONS.

 

 ACKNOWLEDGMENT OF SEEK WORK ORDER AND

WAIVER FOR O.B.E.S. TO RELEASE INFORMATION

Case Number SETS number

Obligor Obligee

The undersigned acknowledges that the Court has ordered the Obligor to seek work as the Court has found that the Obligor is unemployed or underemployed. The undersigned acknowledges that the court has ordered the Obligor to complete one employment seeking activity per day as determined and /or supervised by Ohio Bureau of Employment Services (OBES) until fully employed.

The undersigned hereby waives any privacy/confidentiality rights between the undersigned and OBES and authorizes the OBES to release information regarding the Obligor’s compliance with the seek work order issued herein by the Court to the Child Support Enforcement Agency (CSEA) and / or the Court.

Upon the Obligor’s gaining employment, the Obligor must notify the CSEA of the full name address and phone number of the employer.

Obligor Date

SSN

The Clerk Shall Serve a Copy of this Waiver of CSEA and OBES

 

 Ohio Bureau of Employment Services

7860 Lincole Place, P.O. Box 69, Lisbon, OH 44432

330-424-7006

Columbiana County Child Support Enforcement Agency

126 East Chestnut St., Lisbon, OH 44432

330-424-7781 800-353-0125

 

Dear Child Support Obligor,

Please read carefully the following instructions regarding your required participation in the Ohio Bureau of Employment Services Job Search Program that has been ordered by the Columbiana County Court of Common Pleas:

1. After being instructed to contact OBES regarding your job search please call the office at

330-424-7006 within one week.

2. You MUST speak to one of the following people at the OBES office: Pauline Schreffler, Frank DeFranco, or Ed Connors.

3. Upon calling the office and speaking to one of the above, you will be scheduled for an initial orientation. This orientation is always held on a Monday at 8:30 AM. (Unless this is a holiday). If you are not scheduled for an orientation, you have not reached one of the above four people and you HAVE NOT entered the program properly.

4. Participation in this program is mandatory once you have been instructed by the

Court system.

5. When you become employed you must notify the Child Support Office 330-424-7781 or 800-353-0125.

 

 NOTARIES PUBLIC

RULE 10

 

    1. Applicants for Notary Public
      1. This Court shall not issue or approve the certificate of qualifications required by R.C. 147.01 in connection with applications for appointment a notaries public unless the applicant is a resident of Columbiana County, Ohio, and is a) a member of the Bar of the State of Ohio in good standing; or b) has passed an examination pursuant to this Rule; or c) is exempt from such examination.
      2. The Court hereby establishes a committee consisting of a Chief Examiner and four (4) examiners to be known as Notary Public Examination Committee. Members of the Committee shall be attorneys licensed to practice in the State of Ohio in good standing and members of the Columbiana County Bar Association, and shall be appointed for a term of five (5) years.
      3. The Notary Public Examination Committee shall have the duties to establish an examination for notaries public, distribute notary public instructional booklets through the Committee, or through the Clerk of this Court, administer and grade examinations, certify those persons who have passed examinations to this Court, establish a passing grade for the examinations, collect fees as required by this Rule and remit them to the Court and perform such other duties as are necessary to implement this Rule, Chapter 147 of the Revised Code and as required by this Court. The Chief Examiner shall be chairman of the Committee, shall grade all examinations, shall provide to successful applicants notification of any passed examination, shall collect and retain the fees provided by this Rule and remit those to the Court upon order. The chairman may call such meetings of the examiners as the chairman deems necessary for the proper functioning of the Committee and may establish such other procedures with the consent of the Committee members for the proper functioning of the Committee and for the implementation of this Rule.
      4. The instructional booklet published by the Notary Public Commission of the Court of Common Pleas of Cuyahoga County, Ohio, shall be used by the Committee as its instructional booklet and the examination shall be prepared from such booklet. The booklet shall be provided, for a fee, to anyone wishing to apply to take the examination by any examiner or by the Clerk of this Court. The Committee shall establish a fee for the booklet, which fee shall be the cost of the booklet, plus fifty cents ($.50). All money collected by examiners or the Clerk of the Court for the booklets, less fifty cents ($.50) per booklet, shall be remitted to the chairman. The seller of the booklet shall keep fifty cents ($.50) as a fee. The chairman shall use the money collected from the sale of the booklets for repurchase of new booklets for the functions of the Committee or otherwise ordered by the Court.
      5. Applicants for examination shall pay a fee of Ten Dollars ($10.00) for the examination. The fee shall be paid to the examiner on or before the day of the examination. The examiner shall retain Four Dollars ($4.00) as a fee for giving the examination. The balance of the fee shall be remitted to the chairman. The chairman shall retain Four Dollars ($4.00) for grading the examination.
      6. The Chairman shall retain the balance of all fees received from the Committee in an interest bearing account to be expended upon order of this Court. The Court in its discretion shall expend the fees so collected for the maintenance of the Committee and for such other purpose as the Court deems appropriate for the administration of the Court.
      7. All applicants for Notary Public who have who have passed examinations shall present an application form as provided by the Office of the Governor of the State of Ohio and the notice from the Committee that the applicant has passed the examination to the Clerk of this Court. The Clerk of this Court shall present renewal and new applications and accompanying documents to the Administrative Judge of this Court for his review and approval or disapproval. The Clerk shall be entitled to charge a fee of One Dollar ($1.00) for processing Notary Public applications in addition to any fee for filing Notary Commission and shall be entitled to keep that fee for the operation of the Clerk of Court’s Office.
      8. Anyone who has previously been appointed Notary Public, whether through examination or otherwise, is exempt from the operation of this Rule. Anyone passing an examination after the implementation of this Rule shall not have to take any examination for renewal. All applications for renewal shall be presented to the Clerk of this Court, with documentation that the applicant for renewal has previously passed the examination, or previously been appointed a Notary Public. Renewal applications shall be on the form prescribed by the Office of the Governor of Ohio.
      9. The effective date of this Rule shall be January 1, 1991.

 

WITHDRAWAL OF COUNSEL

RULE 11

Withdrawal of attorney of record shall be only upon application with Judgment Entry of approval by the Court, and where possible, the name of the successor attorney shall be included in the Judgment Entry. Upon allowance of withdrawal by the Court, such withdrawing counsel shall serve a copy of said Judgment Entry on the client and the opposing party or counsel, if any, by regular U.S. mail.

FILMING AND RECORDING OF TRIALS

RULE 13

Effective August 1, 1979, broadcasting, televising, recording and photographing by news media during Courtroom sessions shall be permitted under the following conditions:

      1. Requests for permission to broadcast, televise, record or photograph in the Courtroom shall be in writing to the Trial Judge as far in advance as reasonably practical, but in no event later than one (1) hour prior to the Courtroom session to be broadcast. Request forms may be obtained from the Office of the Clerk of Courts.
      2. The Trial Judge will either grant or deny such request in accordance with Cannon 3(A)(7) of the Code of Judicial Conduct, Superintendence Rule 11, and this local Rule. Written permission or denial shall be made part of the record of the proceedings.
      3. Arrangements shall be made between or among media representatives for "pooling" equipment and personnel authorized by this Rule to cover the court sessions. Such arrangements are to be made outside the Courtroom and without imposing on the Trial Judge or Court personnel to mediate any dispute as to the appropriate media "pool" representative or equipment authorized to cover a particular session.
      4. Not more than one portable camera (television, videotape or movie), operated by not more than one in-court camera person, shall be permitted without authorization of the Trial Judge.
      5. Not more than one still photographer, utilizing not more than two still cameras of professional quality with not more than two lenses for each camera, shall be permitted without authorization of the Trial Judge.
      6. Not more than one audio system for radio broadcast purposes shall be permitted without authorization of the Trial Judge.
      7. If audio arrangements cannot reasonably be made in advance, the Trial Judge may permit one audio portable tape recorder at the bench which will be activated prior to commencement of the Courtroom session.
      8. Visible audio portable tape recorders may not be used by the news media without prior permission of the Trial Judge.
      9. Only professional quality telephonic, photographic and audio equipment which does not produce distracting sound or light shall be employed to cover Courtroom sessions. No motor driven still camera shall be permitted.
      10. No artificial lighting device other than that normally used in the Courtroom shall be employed. However, if the normal lighting in the Courtroom can be improved without becoming obtrusive, the Trial Judge may permit modification.
      11. Audio pickup by microphone for all media purposes shall be accomplished from existing audio systems present in the Courtroom. Microphones shall be located only at the Trial Judge’s bench, witness stand and jury rail, or other such places as determined by the Court. Microphones shall be visible, secured but unobtrusive. If no technically suitable audio system exists in the Courtroom, microphones and related wiring essential for all media purposes shall be unobtrusive and located in places designated by this Rule or the Trial Judge in advance of any session.
      12. One television camera shall be positioned on a tripod in an area designated by the Trial Judge prior to the proceeding and said camera shall remain in that fixed position. This designated area shall provide reasonable access to coverage of the proceedings. Videotape recording equipment or other technical equipment which is not a component part of an in-court television or broadcasting unit shall be located in a room adjacent to or outside the Courtroom.
      13. The television broadcast and still camera operators shall position themselves in a location in the Courtroom, either standing or sitting, and shall assume a fixed position within that area. Having established themselves in a shooting position, they shall act so as not to call attention to themselves through further movement. Sudden moves, pans, tilts or zooms by the camera operators are prohibited. Operators shall not be permitted to move about in order to obtain photographs or broadcasts of Courtroom session, except to leave or enter the Courtroom.
      14. Television cameras, microphones and taping equipment shall not be placed in, moved during or removed from the Courtroom except prior to commencement or after adjournment of the session or during a recess. No television film magazines, rolls or lenses, still camera film or audio portable tape cassettes shall be changed within a Courtroom except during a recess.
      15. Proper Courtroom decorum shall be maintained by all media "pool" participants.
      16. All media representatives shall be properly attired in a manner that reflects positively upon the journalistic profession.
      17. There shall be no audio pickup or broadcast of conference conducted in a Courtroom between counsel and clients, co-counsel or the Trial Judge and counsel.
      18. The Trial Judge shall prohibit photographing or televising by any means the victims of sexual assaults and undercover police officers. The Trial Judge shall retain discretion to limit or prohibit photography or televising of any juror, victim, witness or counsel or his work product, upon objection.
      19. Upon the failure to any representative to comply with the conditions prescribed by the Trial Judge, the Rules of Superintendence of the Supreme Court or this Rule, the Trial Judge may revoke the permission to broadcast, photograph or record the Courtroom session at any time during such session.

 

ARBITRATION

RULE 14

To facilitate and expedite the administration of justice in the Columbiana County Common Pleas Court, the following procedure for voluntary or mandatory arbitration shall be followed in all civil cases:

      1. Cases for submission:
      1. Every civil case, except those involving title to real estate, equitable relief or appeal, at least six (6) months old, without limitation of amount, upon written stipulation of the parties or counsel for the parties, before or after pretrial, may be submitted for arbitration in accordance with this Rule. Upon the filing of such stipulation, together with the pretrial statements of the parties, if any, the action shall be submitted to arbitration. This form of arbitration shall be considered voluntary.
      2. In cases where the amount claimed in the Complaint is less than Twenty-five Thousand and No/100 Dollars ($25,000) and where no responsive pleading by way of counterclaim or cross-complaint exceeds Twenty-five Thousand and No/100 Dollars ($25,000), the Court on its own may order the matter submitted for mandatory arbitration without the consent of the consent of the parties or their counsel.
      3. The parties may agree to arbitrate any matter pending before the Court.
      4. Those cases referred to in Paragraphs (A)2 and (A)3 above shall be arbitrated by a single arbitrator appointed by the Court unless counsel agree otherwise, with the provision being that the Court shall still name the chief arbitrator but the parties shall be separately responsible to provide an arbitrator at their own expense and of their own choosing; arbitration with three arbitrators shall still be subject, however, to the discretion of the Court.

(B.)Manner of Appointment:
      1. Appointments to the list of arbitrators shall be made by the Judges of the Columbiana County Court of Common Pleas, General Division, by random selection of the names of lawyers admitted to practice law in the State of Ohio and primarily of lawyers or members of the Columbiana County Bar Association.

After having served on the Board of Arbitration, the name of each lawyer shall be placed at the bottom of the list.

COMPENSATION OF ARBITRATORS

RULE 14.1

      1. Hereinafter each reference to the Board of Arbitration shall be deemed to apply to a single arbitration as well. The sole arbitrator named by the Court, or the chief arbitrator named by the Court, unless otherwise ordered by the Court, shall receive fair compensation for services rendered in such case. Said fair compensation is deemed to be the sum of $350, unless otherwise ordered by the Court. The arbitrator’s fee shall be paid into the Clerk of Courts within 14 days of the appointment of the arbitrator by each party to the action depositing the sum of $175, unless otherwise specifically determined by the Court. When more than one case arising out of the same transaction is heard at the same hearing or hearings, it shall be considered as one case insofar as compensation of the arbitrators is concerned. In cases requiring hearing of unusual duration or involving questions of unusual complexity, the Judge, on motion of the arbitrator or chief arbitrator and for cause shown, may allow additional compensation. Neither the arbitrator, chief arbitrator or members of any board of arbitration shall be entitled to receive their fee until after filing the report of arbitration and award with the judge who is assigned to the case.
      2. Regardless of whether the case is settled prior to arbitration hearing or not, the arbitrators shall be entitled to a fee based upon actual time spent at a Sixty Dollar hourly rate for services rendered in regard to reviewing the case and attempting to set a hearing and for correspondence involved.

RULE 14.1, Subsection C) is deleted.

RULE 14.2 is deleted.

HEARINGS: WHEN AND WHERE HELD

RULE 14.3

      1. Hearings shall e held at the place designated by the arbitrator or chairman of the board. The arbitrator or chairman shall fix a time and date of hearings within ninety (90) days of appointment and shall notify the arbitrators and all parties to the suit. No hearing shall be fixed for Saturdays, Sundays, legal holidays or evenings, except on agreement by counsel for all parties and the arbitrators.
      2. Since sufficient time is available to the parties prior to the hearing date to settle or compromise their disputes, once a hearing date is set the hearing shall proceed forthwith at the scheduled time. There shall be no unilateral communications by counsel or the parties with the arbitrators concerning the merits of the controversy at any time prior to the filing of the report and award of the Board.
      3. Inability of Party to Proceed: Continuance
      1. In the event that counsel for any party is unable to proceed within the time set for arbitration by the presiding judge, said counsel shall notify the presiding judge who may then mark continued and reschedule another time and date of hearing.
      2. Whenever any case has been continued two times after assignment, said case shall be returned to the presiding judge who shall summon the parties or their counsel. The judge shall have the power to make an appropriate order, including any order of dismissal for want of prosecution, or an order that the case be again assigned to a Board of Arbitration and be heard and an award made whether or not the defendant appears and defends.
      1. Default of Party

The arbitration may proceed in the absence of any party who after due notice fails to be present or fails to obtain a continuance. An award shall not be made solely on the default of a party. The Board of Arbitration shall require the other party to submit such evidence as they may require for the making of an award.
      1. Conduct of Hearings: Powers
      1. The three members of the Board or the arbitrator, depending on the case, shall be the judge(s) of the relevancy and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. All evidence shall be taken in the presence of the arbitrators and of all the parties, except where any party is absent, in default, or any party has waived the right to be present. The Board or arbitrator may receive the evidence of witnesses by affidavit or written report and shall give it such weight as they deem it is entitled to after consideration of any objections made to its admission.
      2. Counsel shall, upon request, whenever possible, produce a party or witnesses at the hearing without the necessity of a subpoena.
      3. The Board of Arbitration shall have the general powers of a court, including, but not limited to, the following powers:
      1. SUBPOENAS. To cause the issuance of subpoenas to witnesses to appear before the Board and to request the issuance of an attachment according to the practice of the courts for failure to comply therewith.
      2. PRODUCTION OF DOCUMENTS. To compel the production of all books, papers and documents which they shall deem material to the case.
      3. ADMINISTERING OATHS; ADMISSIBILITY OF EVIDENCE. To administer oaths or affirmations to witnesses, to determine the admissibility of evidence, to permit testimony to be offered by depositions and to decide the law and the facts of the case submitted to them.
      1. Supervisory Powers of the Court.

The presiding judge shall have full supervisory powers with regard to any questions that arise in all arbitration proceedings and in the application of these rules.

      1. Witness fees.

Witness fees in any case referred to said Board of Arbitration shall be the same amount as now or hereafter provided for witnesses in trials in the Common Pleas Court of Columbiana County, Ohio, and may be ordered taxed as costs in the case, and the costs in any case shall be paid by the same party or parties by whom they would have been paid had the case been tried in the Common Pleas Court of Columbiana County, Ohio.
      1. Transcript of Testimony.

The arbitrators shall not be required to make a transcript of the proceedings before them. If any party shall desire a transcript, he shall provide a reporter and cause a record to be made. The party requesting the same shall pay the cost thereof which shall not be considered costs in the case. Any party desiring a copy of any transcript shall be provided with it by the reporter upon payment therefor, based upon the usual charges made for a copy of a deposition.

 

REPORT AND AWARD

RULE 14.5

      1. Within thirty (30 days after the hearing, the Board of Arbitration shall file a report and award with the judge assigned to the case and the Clerk of Courts, and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel. The report and award shall be signed by all the members of the Board on forms adopted by the Court. In the event all three members do not agree on the finding and award, the dissenting member shall write the word "Dissents" before his signature. A minority report shall not be required unless the arbitrator elects to submit the same due to unusual circumstances. The presiding judge shall make note of the report and award upon the docket and have the original report filed with the Clerk of Courts forthwith.
      2. The report and award, unless appealed from as herein provided, shall be final and shall have the attributes and legal effect of a verdict. If no appeal is taken within the time and in the manner specified therefor, the Court shall enter judgment in accordance therewith. After entry of such judgment, execution process may be issued as in the case of other judgments.

RIGHT OF APPEAL

RULE 14.6

      1. Any party may appeal from the report and award of the Board of Arbitration to the Common Pleas Court of Columbiana County. The right of appeal shall be subject to the conditions set forth in Rule Q, all of which shall be completed within thirty (30) days after the entry of award of the Board on the docket in the office of the Clerk of Courts.
      2. The appellant shall pay an appeal fee of One Hundred Twenty-five and no/100 Dollars ($125.00) to the Clerk of Courts and shall file with the Clerk of Courts a notice of appeal together with an affidavit that the appeal is not taken for delay but because he believes an injustice has been done. A copy of such documents shall be served upon opposing parties or their counsel.
      3. In addition to the payment of the appeal fee at the time of the filing of the notice of appeal, the appellant shall repay all fees received by the members of the Board of Arbitration in the case in which the appeal is taken by depositing the same with the Clerk of Courts.
      4. If the appeal results in a judgment different from that determined by the arbitrators, the Court shall assess costs against either or both of the parties as it may determine to be just.
      5. Poverty Affidavit on Appeal.

A party without funds desiring to appeal an award may apply by a written motion and affidavit to the Court averring that by reason of poverty he is unable to make the payments required for an appeal. If after due notice to the opposing parties, the judge assigned to the case is satisfied of the truth of the statements in such affidavit, he may order that the appeal of such party be allowed although the said amounts are not paid by the appellant.
      1. Return to Active List: Trial de novo.
      1. Upon the filing of the notice of appeal and the payment or waiver of the costs as hereinbefore provided, the case shall be returned to the assigned judge for trial.
      2. All cases which have been appealed shall be tried de novo by the judge assigned to the case.
      1. Testimony of Arbitrators on Appeal Prohibited.

In the event of an appeal from the award or decision of the Board of Arbitration, the arbitrators shall not be called as witnesses as to what took place before them in their official capacity as arbitrators upon any hearing de novo.
      1. Exceptions and Reasons Therefor.
      1. Any party may file exceptions to the decision of the Board of Arbitration within thirty (30) days after the filing of the report and the award for either misconduct or corruption of the Board or a single arbitrator.
      2. Copies of said exceptions shall be mailed to each arbitrator and the presiding judge within forty-eight (48) hours after filing and said exceptions shall be forthwith assigned for hearing.
      3. If such exceptions are sustained, the report and award of the Board shall be vacated and the case either assigned to a new Board of Arbitrators or returned to the active civil list.
      1. The parties may agree to waive the right of appeal if done so in writing and approved by the arbitrator or arbitrators. In such case the report and award of the arbitrators shall be filed.

  

INMATE LIST

RULE 15

The Sheriff shall provide the Court with a list, not less than monthly of all inmates of the County Jail under sentence of the Court or awaiting trial or hearing.

COURT REPORTERS

RULE 16

      1. The Court Reporters of the Common Pleas Court shall serve all the judges of the Court as pooled reporters.
      2. The format of the transcript of proceedings prepared by a Court Reporter shall be as follows:
      1. Twenty-five (25) lines to a page, pica type.
      2. Capital Q and Capital A is to be 18 spaces from the left-hand edge of the paper and identification of the speaker shall be in the upper case.
      3. The identification for the body of the question or answer should be 25 spaces from the left-hand edge of the paper and paragraph indentation shall be 30 spaces from the left-hand edge.
      4. The right-hand margin is to be eight (8) spaces from the right-hand edge of the paper.
      5. An index to proceedings and exhibits is to be included in all transcripts.
      6. Transcript fees are set at Two Dollars ($2) per page for original pages and One Dollar ($1) per page for copies. Transcript fees for Indigent Defendants shall be Two Dollars ($2) per page for original pages and Fifty Cents ($.50) per page for copies. Transcript fees for the Prosecuting Attorney shall be Two Dollars per page for original pages and Fifty Cents ($.50) per page for copies. All per diem transcripts shall be charged at the rate of Three Dollars ($3) per page for the original and One and 50/100 Dollars ($1.50) per page for each copy.

(C ) The time of ordering, the party ordering the transcript shall arrange

for the payment to the Court Reporter of the costs of the transcript.

The Court Reporter may require an advanced deposit toward
payment.

(Revised February 1, 1995)

 

EXHIBITS AND REPORTER’S NOTES

RULE 16.1

      1. The Court Reporters, the Court, Court personnel and the Clerk of Courts shall not retain exhibits in any case for a period exceeding twelve (12) months from the completion of trial or final hearing in any matter, unless the Court Reporter or Clerk of Courts is notified in writing that the case is on appeal. If a case is on appeal every twelve (12) months the attorney who officered the exhibit into evidence or the party appealing the case shall notify the Court Reporter or Clerk of Courts as to whether the appellate process has been completed or is continuing. If the Court Reporter or Clerk of Courts does not receive any written confirmation concerning appeal for a period of more than six (6) months, the exhibit shall be disposed of at the direction of the Court. If the party desires to have any exhibits returned then, the party or counsel shall request exhibits of the Court Reporter or Clerk of Courts and sign a receipt for the exhibits.
      2. The Court Reporters shall retain their notes and tapes and make them available for transcription for a period of ten (10) years. At the conclusion of the ten (10) year period, all notes, tapes and other records will be disposed of at the direction of the Court.
      3. All exhibits, notes and tapes of the Court Reporters and Clerk of Courts in capital cases shall be kept for a period of at least 10 years and shall not be returned or disposed of without order of the Court.

(Revised 10/15/90)

MISCELLANEOUS

RULE 17

      1. Any subject area not specifically covered by the foregoing Rules shall be governed by the Ohio Rules of Civil and Criminal Procedure and the Rules of Superintendence of the Supreme Court of Ohio. If any conflict exists between the stated rules, a decision will be made by the trial Judge as to which rule will be applicable for the Courtroom session.
      2. Dues for the Ohio Common Pleas Court Judges Association, the American Bar Association, the Ohio State Bar Association, and the American Judges Association shall be paid for each Judge of the General Division through the appropriate funds of the Court and shall be approved by the Columbiana County Commissioners and Auditor.

(Revised 10/15/90)

MISCELLANEOUS: WEAPONS SEARCH

RULE 17.1

    1. It is hereby ordered that all persons entering this Courthouse shall be subject to search by any law enforcement official.
    2. It is herein ordered that no person or individual shall have a weapon of any kind upon his person while on the property of the Columbiana County Courthouse, excepting law enforcement officials, probation officers or others designated by the Court with permission to carry weapons. The Sheriff of Columbiana County or any other law enforcement official shall have the right to search and apprehend any individual in violation of this Rule and shall promptly bring said individual before a judge of the Court of Common Pleas for appropriate action.
    3. Violation of this Rule may result in possible criminal prosecution and/or contempt of court proceedings.
    4. The term "weapon" as used in this Rule shall correspond to the definitions of weapon and/or dangerous ordnance as used in provisions of the Ohio Revised Code.

Date: July 25, 1989

COURT SECURITY

RULE 17.2

 

The Columbiana County Court of Common Pleas, General Division, is charged with dispensing justice, resolving disputes and protecting the constitutional rights of those who appear before the Court.

Accordingly, appropriate levels of security should exist in the court to protect the integrity of court procedures, protect the rights of individuals before it, deter those who would take violent action against the Court or litigants, sustain the proper decorum and dignity of the Court, and assure that Court facilities are secure for all those who visit and work there.

Therefore, pursuant to the Rules of Superintendence for the Court of Common Pleas, Rule 9, developed by the Supreme Court of Ohio, the Court establishes as follows:

The Court will appoint a local Security Advisory Committee, as deemed appropriate by the Court, and the Court shall implement a Local Security Policy and Procedure Plan which shall address the Ohio Court Security Standards adopted by the Supreme Court of Ohio on October 17, 1994.

The Local Security Advisory Committee shall adopt a Security Operations Manual, which manual shall establish written directives for the purpose of ensuring security within the court while maintaining accessibility to the community.

This Rule shall become effective July 1, 1995.

COURT APPOINTMENTS

RULE 18

In compliance with Rule 8 of the Rules of Superintendence of the Courts of Ohio, the following Rule is adopted by this Court.

    1. "APPOINTMENT" and APPOINTEE" mean the same as defined in Rule 8 of the Rules of Superintendence of the Courts of Ohio.
    2. The Court shall maintain the lists of appointees from which appointments shall be made. The person responsible for selecting an appointee shall do so at random for each appointment, but appointments shall be equitable so that all prospective appointees have an equal opportunity to receive appointments, considering the skill and expertise of the particular appointee in the designated area of appointment, the management of the appointee’s current caseload and the difficulty of the particular matter.
    3. The General Division and Domestic Relations Division shall keep separate lists of appointees.
      1. The Domestic Relations Magistrate shall keep the Domestic Relations appointee list which shall include lists of the following for appointment:
        1. Counsel available for appointment to contempt’s
        2. Sentence reviews and other matters as deemed necessary by the Magistrate
        3. Arbitrators
        4. Mediators
        5. Guardian Ad Litem
        6. Organizations who provide forensic psychological evaluations
        7. Alcohol or drug dependency evaluations

and on direction of the Court, a list of qualified appraisers.

      1. The General Division shall maintain the following lists of appointees to be kept in a central location designated by the Administrative Judge:
        1. Counsel available for assignment to criminal cases
        2. Arbitrators
        3. Guardians Ad Litem not related to Domestic Relations matters

and the following organizations providing services to the Court

      1. d.) All public defender officers serving Columbiana County

e.) Organizations providing forensic mental health examinations
and services in criminal cases

f.) Organizations providing alcohol and drug evaluations and

treatment in criminal cases
        1. Organizations providing forensic scientific testing and

evaluations in criminal cases.

Appointments shall be on a case by case basis from the members of the bar association at large or such other persons as the Court deems appropriate.
    1. early the Judges of the Court shall review the appointment lists to determine if the persons or organizations on those lists are still qualified and are providing adequate service and that equitable division of appointments are being made.
    2. The Court by other Rules has set qualifications for the various appointees and will from time to time determine by Court Order or Rule other qualifications for other appointees.
    3. If a party or other person is required to pay all or a portion of the fees payable to the appointee, the appointee shall notify the party or person of the appointment and the applicable fee schedule and provide an estimate of the costs of the service. The Court reserves the right to approve, prior to the providing of the services by an appointee, the rate and the maximum fee of all appointee. The appointee shall file with the Court and serve upon all parties or persons required to pay all or a portion of the fees an itemized fee and expense statement on a regular basis and at the conclusion of the service. If the fees charged by the appointee are contested or deemed unreasonable by any party, the appointee bears the burden of proving by a preponderance of the evidence the reasonableness of the fees. The burden of going forward with the evidence, however, will rest with the party ordered to pay.
    4. This Rule is effective July 1, 199. This Rule shall be automatically modified at any time the Supreme Court of Ohio modifies Rule 8 of the Rules of Superintendence of the Courts of Ohio.

(Revised 7/97)

 

NAME AND CITATION

RULE 19

These Rules shall be known as "Columbiana County Common Pleas Court, General Division, Rules."

These Rules may be sited as "Col. Cnty. C.P. Ct. Rule _____."

(Revised 7/97)

backarrow81x1.gif (390 bytes)