Local Rules of Court
COMMON PLEAS COURT OF UNION COUNTY, OHIO
GENERAL AND DOMESTIC RELATIONS DIVISIONS
It is hereby ordered that the following rules are adopted and made effective from and after the 1st day of January 2006, to govern the practice and procedure in the General Division and Domestic Relations Division of the Court of Common Pleas of Union County, Ohio, effective until amended or repealed.
Every person filing a pleading in this Court shall be bound by these Local Rules and shall obtain from the Clerk or the Court, upon the initial appearance, a copy of these Local Rules, the $10.00 cost of which shall be assessed as part of the costs in the case. This requirement shall be waived in the event such party specifically indicates that he or she already possesses a current copy of the Local Rules.
Counsel are reminded the governing rules on most matters of procedure are contained in the Civil Rules, Criminal Rules and the Common Pleas Rules of Superintendence.
A copy of the following Local Rules has been filed with the Supreme Court of Ohio.
Judge Don W. Fraser
TERMS OF COURT
The Court shall be in continuous session for the transaction of judicial business. For purposes of R.C. Chapter 2313, each calendar year shall be divided into three terms of Court, designated as the January Term, the May Term and the September Term, each commencing at 9:00 A.M. on the first business days of January, May and September.
HOURS OF COURT SESSIONS
The hours for holding the regular sessions of this Court shall be from 9:00 A.M. to 12:00 noon, and from 1:00 P.M. to 4:00 P.M. on Monday through Friday of each week, except for those days designated by law as legal holidays. Such hours may be modified by the trial judge to meet special conditions; hearings on motions and domestic relations matters may be held on Saturday mornings, if requested by a litigant or the litigant's attorney, or deemed necessary by the Court. Night Court may be held, upon application and for good cause shown, for those who wish their civil or domestic relations cases heard then rather than during the normal day hours.
MAGISTRATE AND OBJECTIONS TO MAGISTRATE'S DECISION
3.01. Domestic Relations Matters. The parties in Domestic Relations cases not being by the Constitution entitled to a trial by jury, and it is deemed to be for the best interests of the parties that any matters be referred to a Magistrate of this Court in accordance with Rule 53 of the Ohio Rules of Civil Procedure. Said Magistrate shall exercise all powers otherwise delegated to a Magistrate by rule, statute, or the Constitutions of the United States of America and the State of Ohio. A Magistrate may issue restraining orders in domestic relations cases and also may issue restraining orders when proper pursuant to R.C. 3113.31 (Domestic Violence Statute) and R.C. 2903.013 (Anti-Stalking Statute).
3.02. Criminal Matters. In criminal matters, the Magistrate is authorized to conduct hearings for presentation of Grand Jury proceedings, Arraignments, and may conduct bond hearings and set bonds in those cases in which the Tri-County Jail bond schedule does not apply or cover.
3.03. Objections to Magistrate's Decision and Reply Thereto. The requirement of Civ.R. 53(D)(3)(b)(iii) that an objection to a finding of fact in a Magistrate’s Decision must be supported by a transcript of all of the evidence submitted relevant to the finding may be satisfied by the submission of a DVD recording of the proceedings in lieu of a written transcript. Specific citations to the record should be to the time the relevant evidence begins in the recording. DVD recordings are available through the Clerk of Court. A request for a DVD must be in writing and addressed to the Union County Clerk of Courts, Courthouse, 215 West 5th Street, Marysville, Ohio 43040. The request shall include the name of counsel, the case number, and the date of the hearing. A fee of $10.00 must accompany the request.
For further information, reference is made to Union County Case Nos. 2013-MS-0051, dated the 28th day of October 2013.
AMENDMENT OF LOCAL RULE 4, COURT OF COMMON PLEAS, UNION COUNTY, OHIO, EFFECTIVE JULY 1, 2010.
Effective July 1, 2010, Union County Court of Common Pleas Local Rule 4 is Amended to read as follows:
DEPOSIT OF CASH TO SECURE COSTS, BONDS, ETC.
4.01. On and after July 1, 2010, no Civil action or proceeding shall be accepted for filing by the Clerk unless the party, or parties, offering the same for filing shall have first deposited a sum of money to secure the payment of costs. If the costs are not paid at the termination of the litigation, any deposits for costs shall be applied by the Clerk to the unpaid costs. Except as otherwise provided by law, when applicable, such advance deposit will be determined by the Clerk of this Court and on July 1, 2010, initially shall be as follows:
A. $435.00 - All civil actions, counterclaims and cross claims not otherwise mentioned herein, plus $10.00 mandated by R.C. 2303.201.
B. $400.00 - Dissolutions without minor children.
C. $510.00 - Dissolutions with minor children.
D. $335.00 - For cognovit complaints from which a fee shall be taxed as costs and be paid to counsel for the defendant.
E. $470.00 - For divorce and alimony actions without children, and as much more, as in the judgment of the Clerk of this Court, the nature of the case and the circumstances require. $150.00 - Answer/responsive pleading in such action.
F. $560.00 - Divorce or alimony action with minor children.
G. The Defendant, in the event a counterclaim in a divorce or alimony action is filed, shall deposit a sum equal to that deposited with the Complaint.
H. $485.00 - All post decree domestic relations motions.
I. $335.00 - Proceedings in Aid of Execution, Complaints to Vacate, Revise or Modify Judgment, or other relief.
J. $435.00 - Appeals from other tribunals.
K. $910.00 - Foreclosures. $200.00 on cross/counter claims.
L. $180.00 - The party requesting a jury shall deposit the sum of $180.00 to cover one day's jury trial. In the event jury trial is to continue for more than one day, the party requesting a jury trial will be required to deposit additional amounts daily to cover same.
M. $90.00 - Garnishment proceedings.
N. $500.00 - In the event a Guardian Ad Litem is requested in a Domestic Relations matter, at the time of making the request the party asking for the appointment shall deposit said sum, which shall only be a deposit toward payment of the total GAL fees.
O. $100.00 - A party requesting the issuance of 10 or more subpoenas for a hearing or a trial, whether by one document or by an accumulative number of documents, shall deposit a sum as shall be requested by the Clerk of this Court prior to issuance, but in no event shall the deposit be less than $100.00.
P. The Clerk of this Court shall collect as a part of court costs deposit, a fee for mediation services in the sum of $50.00 on each criminal cause, civil action or proceeding, or judgment by confession. R.C. 2303.201(E)(1).
Q. The Clerk of this Court shall collect as a part of court costs deposit, a fee of $3.00 on the filing of each cause of action or appeal under divisions (A), (Q), and (U) of R.C. 2303.20, for computerization and legal research of the office of Common Pleas Judge. R.C. 2303.201(A)(1).
R. The Clerk of this Court shall collect as a part of court costs deposit, a fee of $10.00 on the filing, docketing and endorsing of each certificate of judgment, or on the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment under divisions (A), (P), (Q), (T), and (U) of R.C. 2303.20, for the computerization of the office of Clerk of Courts. R.C. 2303.201(B)(1).
S. The Clerk of this Court shall collect as a part of court costs deposit, a fee of $125.00 on the filing of each criminal cause, civil action or proceeding, excepting foreclosures, or judgment by confession, for and as a general special projects fund. The fee collected shall be $500.00 in all foreclosure cases. R.C. 2303.201(E)(1).
4.02. In lieu of cash deposit, costs may be secured by bond, with surety approved by the Clerk, provided that no member of the Bar shall be accepted as such surety.
4.03. If it is brought to the attention of the Court or the Clerk that any deposit becomes insufficient, the Clerk shall require said deposit to be increased from time to time, per R.C. 2323.31.
4.04. When a party makes an affidavit of inability to pay or secure costs as provided in R.C. 2323.31, the Clerk of Courts shall receive and file the complaint and subsequent filings, including 2 certified copies of judgment entry without such deposit or security.
4.05. Subject to the foregoing, all costs in dissolution, divorce, alimony and annulment cases must be paid before the final Entry is signed and filed, including any fees required for mediation, parenting class or for Guardian Ad Litem appointments and reports.
4.06. Subject to the foregoing, if any party requests service by publication, such party, in addition to the foregoing deposit for costs, shall arrange with the newspaper publisher for such publication, pay the costs thereof to the newspaper publisher, and direct the publisher to file proof of publication with the Clerk of Courts. Exception, see R.C. 2323.31.
For further information, reference is made to Union County Case Nos. 2010-MISC-0023 and 0024, dated the 29th day of June 2010.
BAIL OR SURETY
5.01. No attorney at law, or other officers of this Court, shall be accepted or received as bail or surety on any undertaking of any kind in this Court, nor shall any bond or undertaking be approved having the name of any such person thereon as surety.
5.02. Any bail accepted and received shall be approved by the Clerk of this Court.
5.03. All cash bail shall be accepted and receipted only in the name of the person charged and being held. Return of bail shall be made to the person convicted only after application to court costs, indigent counsel costs, fines, and restitution ordered, including "pay for stay" costs ordered under ORC 2929.19(B) (7).
FORM OF PLEADING
6.01. Pleadings, Motions and Applications shall be legibly typewritten or printed on paper approximately 8-1/2 x 11, shall be securely bound at the top, and unfolded. The caption, at the top thereof, in addition to stating the name of the Court, County and State, shall state the name and address of all the parties.
6.02. In cases involving the Child Support Enforcement Agency, the dates of birth of the parties and issue (children) shall also be included under the names of the parties in the caption of the complaint. The Social Security numbers of the parties and issue shall be furnished to the CSEA within three days of filing the Complaint.
6.03. A blank space of at least three inches shall be at the top of the right side of the first page for file stamp thereon by the Clerk. The Clerk of Courts shall not accept for filing a pleading which does not comply with this requirement.
6.04. Pleadings filed subsequent to the Complaint, including Motions and Applications, shall state the number of the cause, the name of the first-party plaintiff and the first-party defendant on each side. Each Pleading, Motion or Application shall bear the name, office address, the attorney registration number issued by the Supreme Court of Ohio, telephone and fax numbers of the responsible attorney. Otherwise, the pleadings shall bear the name, address, telephone number and a fax number where 24 hour notices may be sent, of the party filing the same. See Civil Rule 10, Civil Rule 38 (B), and C. P. Sup. Rule 9.01(A).
6.05. In all cases where certifications or signatures are required, the attorney who has entered an appearance in the case must sign. No signatures of attorneys who have not entered an appearance, paralegals, secretaries, etc. will be allowed and the pleading will not be filed without compliance.
6.06. The Complaint in any civil case, including domestic relations Complaints and Petitions, and reopen Motions, shall be accompanied by a completed Classification Form. (See attached "Exhibit A"). In the event the Classification Form is marked "Other" the person filing the Complaint, Petition or Motion shall specify and denote what general issues are involved in the case.
SERVICE OF COPIES AND NOTICES
7.01. See Civil Rules 4 and 5. All certified mail shall be marked that delivery is restricted to the addressee. Service may be deemed defective if return receipt card is signed by one other than addressee, or one named in instructions to the Clerk for service upon a partnership, corporation or association. If an attorney or other person attempting to obtain service is notified of failure of service of certified mail and fails to file further instructions for the Clerk to obtain service within 30 days after notice has been deposited in the U.S. mails, the case will be dismissed for want of prosecution, without further notice. All persons are reminded that service may be checked and case status ascertained by accessing the Clerk of Court's website at w2.co.union.oh.us.
7.02. (A) Facsimile (FAX) use. Facsimile copies of pleadings and motions may be served on the opposing parties or their counsel of record. The Court may use fax notice of trial and hearings in lieu of letter or written entry notice. Unless allowed after the effective date of these rules, by the Supreme Court of Ohio, no initial/original papers (defined as those requiring a cost deposit) may be filed with the Clerk of this Court by fax without compliance of Civ.R. 5 (E). Except as noted herein, all other documents and pleadings may be filed by fax, and no further paperwork needs to be filed thereafter. The fax filing will be accepted as original and the signature accepted as original consistent with Civ.R. 5(E). The fax number of the Union County Court of Common Pleas, Clerk of Courts, for purposes of filing documents, is (937) 645-3162. The fax number directly to the Judge's office is (937)645-3149, if you desire to correspond with the Court or present courtesy copies of papers. No fax filings will be accepted at any fax number other than that of the Clerk of Courts.
(B) Fax filings must be completed on a business day, on or before 4:00 P.M. to be considered filed on that day. Any fax filing completed after 4:00 P.M. or on other than a business day, shall be considered, and stamped, filed on the next business day.
(C) The Clerk of this Court is not in the business of title searches and examinations, and is directed not to fax documents to anyone for that purpose. Written record checks may be requested of the Clerk, with the request accompanied by the name, social security number and date of birth of the person about whom the record check is requested, together with a fee of $5.00 which will be charged the requestor by the Clerk of Courts.
(D) The Clerk of Courts shall not fax blank subpoena forms. These must be requested in person from the Clerk.
RULE DAY FOR PLEADINGS, EXTENSIONS
8.01. A party who desires to plead after rule date shall apply to the Court before rule date expires. Up to 30 days will be granted without approval of opposing counsel. All other leaves to plead after the first 30 days must have the written approval of opposing counsel and be filed before the expiration date of the former leave to plead. Failure to comply will be at the risk of default judgment being granted pursuant to Rule 55 of the Civil Rules.
RULE DAYS NOT FIXED BY LAW
9.01. In all cases where the time for filing of a pleading or amended pleading is not fixed by law or another rule, the pleading, or amended pleading, shall be filed on or before the 14th day after the file date of the entry requiring or granting leave for the filing of such pleading or amended pleading, unless otherwise specified in the entry.
HEARING AND SUBMISSION OF MOTIONS INCLUDING MOTIONS UNDER CIVIL RULE 56
10.01. Motions shall be accompanied by a memorandum stating the grounds therefore and citing the authorities and reasons relied upon. Within 14 days after service of such Motion, each party opposing the Motion shall respond. Upon expiration of the time for filing memoranda, the matter shall be deemed submitted. Failure to file a memorandum at the time required is a waiver and consent to submit the issue or case to the Court forthwith for decision.
10.02. Motions shall, at the discretion of the Court, be ruled upon pursuant to Civ.R. 7(B)(2). Oral hearings on motions shall be set only where the party seeking same demonstrates such need in writing prior to the expiration of fourteen days.
11.01. Counsel shall participate in pretrial discovery conferences to reduce, in every way possible, the filing of discovery demands and procedures.
11.02. For prompt disposition of litigation at lowest possible cost, the following rules are to be observed:
11.03. Between 30 and 60 days after service of summons on all defendants, a scheduling conference (by telephone if possible) may be held. The conference shall be for the purpose of planning discovery and determining the time necessary to complete discovery. A date for the pretrial conference may be set at the discovery conference, and all discovery, all evidentiary depositions, physical examinations, production of documents, exchange of reports and requests for admissions shall have been completed by pretrial, unless in the Court's discretion this time may be extended to meet the needs of the individual case.
11.04. Interrogatories and Requests for Admissions: To avoid all too frequent abuse, harassment, irrelevant "boiler plate" and duplication of discovery procedures, Civ.R. 33(A) will be strictly observed. In no event without prior authorization by the Court, shall more than 40 Interrogatories be submitted to the opposing party. For purposes of this rule, each subsection of a question shall constitute an Interrogatory.
11.05. The Jury room and room B14 of the Union County Law Library will be made available for reservation when not in use by the Court, at no charge, for the purpose of conducting depositions, mediation, settlement conferences or other law related purposes. Reservation of B14 may be made by contacting the Law Librarian at 937-645-3000.
11.06. No deposition of a County resident shall be taken outside of Union County without leave of Court, except upon agreement of all of the parties.
11.07. Whenever possible depositions shall be noticed and taken only after consultation with and agreement of all attorneys for the parties.
PRETRIAL OF CIVIL CASES
12.01. All civil jury cases, and such other civil cases as counsel may request, or the Court requires, may be assigned for pretrial conference.
12.02. Pretrial statements by all parties shall be filed with the Court at least seven (7) days before date of pretrial or, in the event no pretrial is scheduled by the Court, fourteen (14) days before the first day of trial. They shall include:
a. Your version of facts giving rise to the claim for relief.
b. Your analysis of issues.
c. Your propositions of law with two (2) or three (3) authorities cited.
d. List of your witnesses.
e. Exhibits you will offer, together with the number or letter of the exhibit. Plaintiff shall use numerals, Defendant shall use letters, and Joint Exhibits shall use numerals preceded by the words, "Joint Exhibit___."
f. Whether jury will be waived.
g. Your demand or offer for settlement (except in non-jury cases).
h. Your estimate of trial time.
12.03. Trial counsel shall appear at each Scheduling Conference or Pretrial Conference. Counsel must have complete authority to stipulate items of evidence, admissions and must have full settlement authority, or have client present to do so.
12.04. At the Scheduling or Pretrial Conference, the judge shall have authority to decide any undetermined preliminary matter; to record any admissions, stipulations or agreement; to hear and decide the case with the consent of the parties; to make whatever finding, orders, judgment or decrees which may be warranted or proper under the circumstances, and within spirit of the rule, to set the case for trial or dismissal, or to take other appropriate action under Civil Rule 37.
12.05. The statements of counsel made in the course of any Scheduling or Pretrial conference shall not be binding upon the parties unless expressly made so by written stipulation in the Scheduling or Pretrial Conference Entry.
12.06. At the Scheduling or Pretrial conference, trial counsel for the parties shall appear and with the assistance of the Judge consider: the simplification of the issues; the necessity or desirability of amendments to the pleadings; the obtaining of admissions of fact, and documents which will avoid necessity of proof; a statement of the issues of fact and issues of law; the waiver of a trial by jury; such other matters as may expedite the disposition of the case. (See Civ.R. 16.)
12.07. Following the Scheduling or Pretrial Conference, the trial Judge may prepare an order reflecting matters stipulated by counsel and orders made. Said order shall control all further proceedings in the action, subject to the provisions of Rule 60 of the Civil Rules.
12.08. The Court and counsel may take any further action at Scheduling or Pretrial Conference as authorized in Rule 16 of the "Civil Rules."
13.01. Unless the Court otherwise directs, counsel for the party in whose favor an order, decision, decree, or judgment is rendered, shall within five (5) days thereafter prepare the proper judgment entry, and submit it to counsel for the adverse party, who shall approve or reject the same within five (5) days after the receipt thereof. When approved by counsel, it shall be so endorsed and furnished to the trial Judge. If an entry is not returned to the preparing counsel within five (5) days, it shall be filed with notation "submitted." If counsel are unable to agree upon the form of the entry, each shall submit a desired version of the entry within five (5) days to the trial Judge who will direct what entry shall be made.
13.02. Within 30 days after verdict, decree, order or decision, the judgment entry shall be filed. If such entry is not prepared and presented for filing by counsel, then it may be prepared and filed by the Court or, in the Court's sole discretion, the Court may dismiss the matter for want of prosecution without notice other than this Local Rule.
13.03. Counsel shall promptly submit an order of dismissal following settlement of any case. If counsel fail to do so within 14 days after representation to the Court that a case has been settled, the trial Judge may order the case dismissed for want of prosecution, or file a judgment entry of settlement and dismissal and assess costs.
13.04. Requests for findings by the Court: see Civil Rule 52. Both counsel shall, within 14 days after the filing of the request, submit their proposed findings. Failure to file proposed findings within the time allotted by the party making the request, shall be deemed to be a waiver of the request.
13.05. The Entry reflecting the verdict in an appropriation case shall contain language which directs that the appropriating agency shall be responsible for and effect the transfer of the appropriated land on the Auditors, Treasurer's and Recorder's records, together with cancellations of liens, and the entry shall further provide for the payment of all required costs of such transfer. Additionally, such Entry shall provide for distribution of the award or portion thereof remaining to be distributed.
13.06. All Entries requiring transfer of a motor vehicle or other item of personal property through the Clerk of Courts shall contain the following wording:
"The (Plaintiff/Defendant) is hereby awarded all right, title and interest, free and clear of any claim by the (Plaintiff/Defendant), to the (Year and Make of Vehicle), VIN __________. Within ten (10) days after filing of this Decree, the (Plaintiff/Defendant) shall execute all documents needed to transfer title to the (Year and Make of Vehicle), and if the necessary documents are not executed within that time, the Clerk of Courts is Ordered to transfer said (year and make) to the (Plaintiff/Defendant)."
13.07. Each Motion seeking default shall be accompanied by a proposed Entry granting same. See Loc. R. 14.05.
14.01. See Civil Rule 55.
14.02. In all cases where a party is seeking unliquidated damages, or is entitled to a jury trial, at the time designated for default judgment, the party entitled to such judgment shall present proper evidence in support of the allegations in the pleadings for consideration by the Court, and judgment shall be rendered according to the evidence and the law applicable. Prior to the commencement of said hearing, counsel shall indicate, and the entry of judgment shall show, that a trial by jury was waived and the matter submitted for decision by the Court. If the party seeking the judgment is desirous of a trial by jury, this must be indicated to the Court at the time that the matter is assigned for default judgment.
14.03. In any action or proceeding commenced in this Court, if there shall be a default of any appearance by a party, the party seeking judgment shall file in the Court an affidavit setting forth facts showing that the party in default is not in military service. See 50 U. S.C. 520 et seq. the Soldiers and Sailors Civil Relief Act.
14.04. In the cases in which a judgment or decree has been rendered upon default, in addition to the requirements of Rule 60(B) of the Civil Rules, the default or the judgment or the decree shall not be set aside unless the party in default presents or offers to file the proper pleading in the case, together with his affidavit, or the affidavit of his agent or attorney, setting forth the facts excusing the cause of the default, and that there is a meritorious cause of action or defense, and the facts showing the nature of it, in which case the Court may, if justice requires it, set aside the default, judgment or decree, upon such terms as to costs as may be just, and shall order the pleadings, for want of which the default existed, to be filed forthwith, or within such time as the Court may designate.
14.05. Having complied with all of the requirements above, the party moving for default judgment shall submit to the Court, at the time of submission of the Motion for Default, a proposed Judgment Entry. Failure to provide a proposed entry will result in the Motion being dismissed.
15.01. Trial procedures set forth in the statutes and rules will be observed. Counsel are reminded this Court participates in the voir dire and requires counsel to observe the "Rules on Voir Dire" in 1 O. J. I. immediately prior to 2.10, and 4 O. J. I. 402.12.
15.02A. The Court will conduct the initial voir dire, after which counsel will be allowed a reasonable time to voir dire the jury. In the interests of conserving time, no questions or answers will be repeated, nor will questions answered and contained on the jury questionnaires be allowed. No promises will be exacted from the jury, nor hypothetical questions asked to exact a juror's projected position. Jurors may not be asked what kind of verdict they might return under any circumstance.
15.02B. Counsel may not examine the prospective jurors concerning the law or possible instructions of the Court. The Court will instruct the jury on the law at the proper time.
15.02C. The case may not be argued in any way while questioning the jurors.
15.02D. Counsel may not engage in efforts to indoctrinate jurors. This does not prevent general questions concerning the validity and philosophy of reasonable doubt or the presumption of innocence (criminal cases) or other applicable burden of proof (civil cases).
15.02E. Questions are to be asked collectively of the entire panel whenever possible.
15.03. Continuances shall be governed by the provisions of C. P. Sup. R. 7.
15.04. Counsel are reminded that Opening Statements are a concise statement of what they believe the evidence will show, and are not "Opening Argument".
15.05. Subpoenas. Counsel are directed to Local Rule 23.
15.06. Once used or referred to in examination of a witness, an exhibit shall be deposited with the Official Court Reporter and kept there throughout the trial unless in use.
15.07. Counsel will be responsible for seeing that their clients and witnesses are properly attired for their appearance in the courtroom. No cut-off jeans, shorts more than 2 inches above the knees, or tank tops will be permitted in the courtroom. No hats or caps are to be worn within the courtroom, and no clothing bearing obscene, offensive, or sexually explicit pictures or wording shall be permitted in court.
15.08. The Court will maintain the electronic official court record for an indefinite period of time, i.e. hard drive, Computer Disc (CD), VCR tape.
15.09. Exhibits in both Civil and Criminal Cases. Each exhibit tendered will be marked by the Bailiff. Plaintiff's exhibits will be marked using numbers and Defendant's exhibits will be marked using letters. Joint exhibits shall be marked "Jt. Exh._____", the blank marked with a Roman Numeral. All Admitted and/or stipulated exhibits will be maintained by the Official Court Reporter. At the conclusion of litigation, including time for direct appeal, the Official Court Reporter may destroy exhibits if all of the following conditions are satisfied:
1.) the Court notifies the parties tendering exhibits that disposal will occur within 60 days after the appeal date expires,
2.) the written notification informs the party tendering the exhibits of the location for retrieval of the exhibits,
3.) the party tendering the exhibits fails to retrieve the exhibits within 60 days from the date of the written notification, and
4.) in the event the party tendering the exhibit retrieves the exhibit within the 60 day period after notification, he/she shall sign for the exhibits and that form shall be maintained by the Official Court Reporter.
16.01. The Clerk of the Court shall not permit any of the files of the office to be taken from its custody except to be delivered to the Judge or DR Magistrate. In no event shall any such files be removed from the county, except by a visiting judge.
16.02. The Clerk shall, on request of a party or his attorney, furnish copies of pleadings, and the expense of one copy shall be taxed as costs. Copies of all other papers, except bill of exceptions or transcripts of evidence belonging to the files of the Court, shall, on demand, be furnished by the Clerk to attorneys or parties interested, upon payment of the Clerk's fee therefore.
16.03. The Clerk shall permit any party to the action, or his attorney or agent, to make a copy of any papers in the files of the Court, except depositions and transcripts.
16.04. No deposition or transcript shall be copied, nor shall copies be made of courtroom Realtime transcripts. Copies of the entire file may be accessed and copied through the Union County Clerk of Court's webpage, under Public inquiry.
16.05. The Court will maintain the electronic Official Court Record for an indefinite period of time on computer hard drive, CD, of VCR tape.
17.01. A receiver shall file an inventory of all property and assets in his/her possession within thirty days after appointment, unless the time is extended by the Court.
17.02. Receivers shall make quarterly reports of all receipts and disbursements. The first report shall be filed within three months after date of appointment. Subsequent reports are to be filed quarterly thereafter. Failure to file any report within thirty days after due shall be grounds for removal without further notice, and without compensation.
17.03. Vouchers for all monies paid out by receivers must be filed with the reports.
17.04. Fees of receivers and their attorneys shall be allowed upon application filed in the cause with an affidavit setting forth in detail the services rendered in the case.
17.05. All receiver's reports and all applications for fees for attorneys, or receivers shall be made only upon prior notice to creditors or other persons in interest, as the Court may direct.
AMENDMENT OF LOCAL RULE 18, COURT OF COMMON PLEAS, UNION COUNTY, OHIO, EFFECTIVE October 21, 2011. Effective October 21, 2011, Union County Court of Common Pleas Local Rule 18 are Amended to read as follows:
18.01 Form: Unless otherwise provided herein, all pleadings, motions, and other filings shall comply in form and content with the Ohio Rules of Civil Procedure, the Rules of Superintendence of the Supreme Court of Ohio and the Local Rules of this Court as set forth below:
(A) Caption: All Complaints, Petitions, Answers, Counterclaims, and Decrees shall state the names and addresses of both parties. Personal identification information such as social security numbers and the identification of children shall not be included in any captions.
(B) Subsequent Petition Captions: In cases commenced by petition, the subsequent captions shall remain the caption of the original petition. Parties shall be designated by their names or as “Mother” and “Father” or “Husband” and “Wife” in the body of subsequent pleadings in cases involving children.
(C) Paper Size: All Pleadings, Motions and Orders shall be typewritten or printed on 8½" x 11" paper.
(D) Attorney Identification: All Pleadings, Motions and Orders shall include the name of the attorney, the firm name, if any, office address, office telephone number, fax number, if any, e-mail address if any, and the attorney’s Ohio Supreme Court Number.
(E) Content of Motions: All motions shall state with particularity the grounds therefore, the relief or order sought and shall identify any prior Order(s) at issue.
(F) Separate Documents: All Separation Agreements and Shared Parenting Plans filed with the Court must be submitted as a separate document styled as a "Separation Agreement" or "Shared Parenting Plan" and not included in the body of the pleadings.
(G) Personal Identifiers: All case documents shall omit personal identifiers in accordance with Rule 45 of the Ohio Rules of Superintendence. It is the responsibility of litigants to ensure compliance, not the Court or Clerk of Court.
18.02 Initial Filings: All Complaints for Divorce, Answers and Counterclaims shall be accompanied by the following court forms which shall be filed with the Clerk of Court and served upon the opposing party or parties. Even if no responsive pleading is filed, a party shall file each form or affidavit as directed below. The most recent versions of the court forms are available on the Court’s website which may be found at www.co.union.oh.us/CommonPleasCourt.
(A) Classification Form.
(B) Affidavit of Income, Expenses and Financial Disclosure (Uniform Domestic Relations Form-Affidavit 1). Three most recent pay stubs shall be attached with all personal income information including social security and employee identification numbers redacted.
(C) Affidavit of Property (Uniform Domestic Relations Form-Affidavit 2).
(D) Parenting Proceeding Affidavit (Uniform Domestic Relations Form-Affidavit 3). The Parenting Affidavit only needs to be filed if there is a minor child of the parties.
(E) Health Insurance Affidavit (Uniform Domestic Relations Form-Affidavit 4). In any complaint for Divorce or Legal Separation involving a minor child, any complaint for custody, support, paternity, or motion for the establishment or modification of support or motion for health insurance coverage, or answer or counterclaim thereto, the pleading shall be accompanied by a completed Health Insurance Affidavit.
(F) IV-D Application. The application shall be fully completed, signed by the party and separately filed with the Agency at the Clerk of Court only in cases where child or spousal support is being sought. Counsel or a pro se party shall file certification with the Clerk that the IV-D application has been filed with the Agency.
18.021 Mutual Restraining Order: In each domestic relations case filed in this Court, there shall be issued and served a copy of the restraining order, found as "Exhibit D" herein at such time as the Complaint is issued and served. The Plaintiff or Petitioners, by virtue of initially filing a domestic relations case in this Court, shall be deemed to be aware of and acquiesce to the provisions of the restraining order. Each Plaintiff shall be provided a copy of the order by their attorney. Pro Se litigants shall be provided a copy by the Clerk of Court.
18.022 Request for Exclusive Use of Marital Residence: A motion to vacate premises shall state with specificity the reasons for the motion and shall be supported by an affidavit of the moving party setting forth the facts on which the motion is based. The motion shall be set for a hearing ordinarily along with other requests for temporary orders. No motion to vacate premises shall be granted ex-parte. If circumstances warrant, a party can be ordered to vacate the premises on an ex-parte basis pursuant to a domestic violence action as provided in R.C. 3113.31. A motion to vacate premises may be granted if the movant establishes that the opposing party:
(1) attempted to cause or recklessly caused bodily injury by acts of physical violence;
(2) placed a party, by threat of force, in fear of imminent serious physical harm;
(3) committed any act with respect to a child that would result in the child being an abused child as defined in R.C. 2151.031;
(4) engages in conduct or creates an environment which causes or is likely to cause severe emotional and/or mental stress to the spouse and/or minor children of the parties as defined in R.C. 3113.31.
18.03 Dissolutions: When a Dissolution is filed, the parties shall complete and provide the following:
(A) Petition for Dissolution.
(B) Separation Agreement.
(C) Waiver of Service.
(D) Waiver of Counsel (if only one attorney).
(E) Affidavit of Income, Expenses and Financial Disclosure (Uniform Domestic Relations Form-Affidavit 1). Both parties must file. (May be joint if signed by both parties.)
(F) Affidavit of Property (Uniform Domestic Relations Form-Affidavit 2). Both parties must file. (May be joint if signed by both parties.)
(G) Parenting Proceeding Affidavit (Uniform Domestic Relations Form-Affidavit 3). The Parenting Affidavit only needs to be filed if there is a minor child of the parties. Both parties must file. (May be joint if signed by both parties.)
(H) Health Insurance Affidavit (Uniform Domestic Relations Form-Affidavit 4). A Health Insurance Affidavit only needs to be filed if there is a minor child of the parties. Both parties must file. (May be joint if signed by both parties.)
(I) IV-D Application. The application shall be fully completed, signed by a party and separately filed with the Agency at the Clerk of Court only in cases where child or spousal support is being sought. Counsel or a pro se party shall file certification with the Clerk that the IV-D application has been filed with the Agency.
(J) Decree. A Decree with a copy of the Separation Agreement and a guidelines worksheet (if minor children are at issue) shall be presented to the bailiff prior to final hearing. A waiver of Magistrate’s Decision and Plan for Shared Parenting may be included in the Decree if appropriate. In order for Dissolutions with minor children to be granted, both parties shall have attended the Court’s Workshop for Parents. The Decree will not be signed until certification of attendance is provided to the Court. If no certification is received within ninety (90) days of the filing of the petition, the same will be dismissed.
18.04 Special Filings
(A) Parenting Reallocation: In all post-divorce motions seeking a reallocation of parental rights and responsibilities, the parties shall file a Parenting Proceedings Affidavit (Uniform Domestic relations Form Affidavit 3) pursuant to R.C. 3127.23 as well as a completed IV-D Application (with the Agency, certification with the Clerk), Health Insurance Disclosure Affidavit, and Affidavit of Income & Expenses. The responding party shall also file an Affidavit of Income & Expenses. A child support guideline worksheet shall be prepared and submitted to the court at the hearing. Motions seeking modification of visitation shall not require such forms, disclosures and declarations.
(B) Notice of Intent to Relocate: A Notice of Intent to Relocate must be filed in every case in which the Residential Parent intends to move to a new location either within or outside of the State of Ohio. (Forms are available on the Court’s Website.)
(C) Pretrial Statement: Absent complete settlement, in any contested matter, at least seven (7) days before trial, all parties shall serve and file with the clerk a pretrial statement containing the following information:
a) A short statement of the operative facts and applicable law upon which parties rely;
b) A list of exhibits intended to be offered at trial. Failure to disclose an exhibit may result in its exclusion at trial;
c) A statement of proposals regarding custody, support, visitation and alimony. Any request for or opposition to spousal support must set forth the facts relevant to the statutory factors governing an award of support;
d) All agreements as to values of property and divisions of property and debts;
e) The Court requires a listing of all marital property and separate property with claimed values. Each party shall list in columnar fashion the items, values and totals of property, proposed division of property and debts, with totals for comparison of proposed divisions;
f) In all cases involving minor children, a completed Child Support Guideline work sheet. In the event a party is proposing a deviation, there must also be a specific statement setting forth the reason that an order of guideline support is not in the best interest of the children;
g) A statement addressing the statutory factors governing an award of spousal support if spousal support has been requested by either party;
h) A statement of stipulated or agreed facts or issues; and
i) A complete list of witnesses with brief summation of testimony. Failure to disclose a witness will ordinarily lead to the exclusion of that witness’ testimony at trial.
(A) Motions: See Superintendence Rule 41. All motions for continuance shall be in writing and a copy of the motion shall be immediately provided to the Court’s Assignment Commissioner/Domestic Bailiff. The movant shall first attempt to secure the consent of opposing counsel or party if not represented. The motion shall endorsed by the party- provided this provision may be waived by the court for good cause shown- and set forth the reason for the continuance, whether consent was obtained or denied and shall state the number of prior continuances. If the motion is granted, the party seeking the continuance must obtain a new hearing date and shall immediately notify the opposing party, counsel, and guardian ad litem, if any. All continuances must be approved by the Judge or Magistrate.
(B) Unavailability of Witness: When a continuance is requested because a witness is unavailable for a scheduled hearing or trial, the Court may consider alternative methods for receiving the testimony.
(C) Conflict of Trial Assignment Dates: When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in a different court, the case that was first set for trial shall have priority, pursuant to Sup. R. 41.
The Court will not consider any motion for continuance unless a copy of the conflicting assignment is attached to the motion and the motion is filed not less than fourteen (14) days prior to trial.
18.06 Discovery Procedures
(A) In General: Civil Rules 26 through 37 shall apply to any action. The purpose of this Rule is to encourage prompt and complete discovery to avoid the Court’s involvement in the discovery process.
(B) Mandatory Disclosure: Each party has the affirmative duty, within forty five (45) days of the filing of a Complaint, Answer or Counterclaim, to disclose to the other party the following information:
1. All pension and profit-sharing plans including the most recent plan summary;
2. All COBRA benefits to which the other party may be entitled;
3. Copies of all real estate deeds and motor vehicle titles and registration, unless already in the possession of the other party;
4. All appraisals of real estate or personal property or any business property in which the party holds an interest;
5. Copies of the last three (3) years individual tax returns, unless already in the possession of the other party;
6. Documentary proof of current income from all sources;
7. Copies of the most recent statement on all bank accounts, IRA’S, stock accounts, mortgages, credit card accounts, and other debts.
8. Copies of all notes or accounts receivable whether held personally or through a business;
9. Copies of all life insurance policies and the valuation;
10. Documentation of the value of household furnishings, valuables and collectibles; and
11. Documentation of property that qualifies as separate property and the valuation of same with tracing of assets and verification.
(C) Sanctions: Failure to comply with this rule may result in sanctions pursuant to Civ.R. 37, including but not limited to contempt citations, award of attorney fees, litigation expenses, possible dismissal of claims, or restrictions on the submission of evidence.
18.07 Expert Discovery Cut Off Date, Notice of Depositions, and Request for Appointment of a Guardian ad Litem: In all divorce actions unless otherwise set by the Court for good cause shown, any valuation of property by an expert including business and pension valuations shall be submitted for expert determination within 90 days of the filing of the Answer unless extended or otherwise set by the court by pretrial order. All requests for appointment of a guardian ad litem or deposition of a party should ordinarily be submitted within 60 days of the filing of an Answer.
18.08 Status Conferences: The Court may schedule a status conference in any other action before the Court. Notice shall be sent to all parties pursuant to the Civil Rules. The Judge and Magistrate shall have discretion to conduct a status conference by telephone with both counsel.
18.09 Pretrial Conference: A pretrial conference will ordinarily be held in every contested matter. The purpose of the conference is to facilitate the progress of the litigation and encourage settlement. The trial attorney shall attend all pretrial conferences except with leave of court. Except under extraordinary circumstances pretrial conferences will not be conducted telephonically. In the event a party is not represented by counsel, all pretrials will be conducted formally on the record. Represented parties need not ordinarily attend pretrial conferences unless there is a request to convert the pretrial to a final hearing or there has been a separately noticed hearing on a pending motion. At the time of the conference the attorney or party representing themselves shall be prepared to:
(1) Narrow the disputed legal issues;
(2) Admit to undisputed facts;
(3) Stipulate to the authentication of documents to be introduced at trial;
(4) Submit a Child Support Computation Worksheet;
(5) Submit written calculations justifying any request for spousal support;
(6) Disclose all witnesses by name;
(7) Exchange reports of expert witnesses; and
(8) Discuss referral for mediation, counseling, conciliation or investigation
(A) All exhibits shall be marked prior to trial and indicate whether submitted by Plaintiff or Defendant. Plaintiff shall use numbers and Defendant shall use letters. A copy of marked exhibits will be tendered to the bailiff prior to the commencement of trial. Parties shall not ordinarily rely on the court to provide exhibit stickers.
(B) The Judge and Magistrate may set orders during the pendency of a case imposing time limits for the exchange and submission of all documents and a list of other exhibits to be introduced at the trial or evidentiary hearing.
(C) The Judge and Magistrate may set orders during the pendency of a case imposing time limits for the submission of a list of witnesses, including experts, who will testify at trial or evidentiary hearing.
(D) The Judge and Magistrate may set orders during the pendency of a case imposing time limits for submitting to the Court and opposing counsel all expert witness reports.
18.11 Trial Briefs/Findings and Conclusions: The Court may require the parties to file Trial Briefs and/or Proposed Findings of Fact and Conclusions of Law.
18.11(1) Valuations of property: In divorces, all marital and separate assets shall be identified and the values of same set forth unless affirmatively waived by the parties, who mutually agree to its division and equitable distribution. In the absence of a written appraisal of real estate, the county auditor’s appraisal must be presented as evidence of value. In the absence of a written appraisal of motor vehicles, the NADA, Kelly Blue Book or similar source values must be presented as evidence of value.
18.11(2) Witnesses: Only one corroborating witness who has personal knowledge of the facts shall be required.
18.11(3) Judgment Entries: At the time of the uncontested hearing, counsel for the Plaintiff shall present to the Court a judgment entry and all necessary orders together with sufficient copies for the Child Support Enforcement Agency and parties. In the event the divorce includes minor children, a Guideline worksheet shall be attached even if the decree provides for a deviation from guidelines. In compliance with the applicable provisions of R.C. 3119.01, and Seq., the court mandates the use of the specific language in Findings of Fact, Orders, Judgment Entries and Decrees which addresses child support, spousal support and/or health insurance.
In contested cases, the Court may order counsel for either party to prepare a judgment entry.
A copy of the same shall first be submitted to opposing counsel within thirty (30) days, unless the time is extended by the Court. The parties shall abide by the following protocol:
(A) The opposing party shall have fourteen (14) days in which to approve or reject the judgment entry.
(B) If the opposing party fails to take any action on the judgment entry within fourteen (14) days, the preparer may present the entry for journalization by certifying that the judgment entry was submitted to the opposing party and that no response was made.
(C) If a judgment entry is not presented to the Court within forty-five (45) days of the hearing, the case will be noticed for dismissal for want of prosecution.
(D) In the event of a dispute over the content of an entry, the Court may order a transcript of the proceedings and assess the cost of same.
(E) Prior to signature of the Order by the Court, each judgment entry involving minor children shall contain the notice language for Relocation, Records Access, Day Care Records Access and School Activities required under R.C. 3109.051(G), 3109.051(H), 3319.321(B)(5)(a), 5104.01.1 and 3109.51(J).
(F) Failure of an attorney to comply with the above may result in vacating any award of attorney fees, a finding of contempt, imposition of a fine, or dismissal of a case.
18.11(4) Signature by Both Parties: Unless excused by the Court, all agreed judgments and orders shall be signed by both parties and counsel. Child Support Enforcement Agency Orders, Restraining Orders, Orders Appointing Process Servers or Guardian ad Litem, and Orders Permitting Withdrawal as Counsel are excepted from this rule.
18.11(5) CHILD SUPPORT, CASH MEDICAL SUPPORT AND HEALTH INSURANCE
(A) In all cases involving the establishment or modification of an order for support of minor children, the order shall include provisions for all of the following:
(1) Which parent or party has accessible private health insurance available for the minor child(ren) at a reasonable cost, if any.
(2) For any period of time that private health insurance is in effect, the amount of monthly child support to be paid by the obligor and the allocation of uninsured extraordinary health care expenses.
(3) For any period of time that private health insurance is not in effect, the amount of monthly child support to be paid by the obligor, the amount of cash medical support to be paid by the obligor, and the allocation of uninsured extraordinary health care expenses in excess of amount paid for cash medical support.
(4) The effective date of the order.
(B) In the event the order includes a deviation from the child support guidelines and/or cash medical support, either by court order or by agreement of the parties, there shall be separate Findings of Fact and Conclusions of Law stating the following:
(1) The amount of child support and cash medical support calculated pursuant to the applicable child support worksheet;
(2) The specific reasons or circumstances justifying the deviation;
(3) A finding that the amount of child support and/or cash medical support calculated pursuant to the guideline worksheet is unjust or inappropriate and not in the best interests of the child(ren), or, in the case of shared parenting, is also not in the best interest of one or both the parents;
(4) The amount of child support and/or cash medical support, if any, to be paid by the obligor to the Obligee.
(C) No support order may contain a deviation, waiver, agreement or other provision for either party not to pay cash medical support during any period of time that cash medical support would be payable to the Child Support Enforcement Agency because any child subject to the order is a Medicaid recipient unless the Ohio Department of Job & Family Services is joined as a party to the action and expressly agrees to such a provision.
(D) Cash Medical Support Language: The following language complies with the foregoing requirement regarding cash medical support and may be incorporated into a decree or order and/or modified as appropriate in each case. This language is representative and should not be considered definitive.
Effective _(date),child support shall be set in the amount of $____________, per month, per child plus the 2% processing charge: __________) to be paid by the Obligor, ___________ (See attached guideline worksheet).
In the event that neither party is providing health insurance for the benefit of the minor children, the child support shall be modified to $_______, per month, plus the 2% processing charge.
Effective the first day of the month that private health insurance is not provided, the cash medical support shall be $_______ per month. The total obligation is $_________ per month (child support, including the 2% processing charge and cash medical support) to be paid by the Obligor, ____________ (See attached guideline worksheet).
In accordance with paragraph (C) of R.C. 3119.30, it is further ORDERED that the Child Support Obligor shall pay cash medical support during any period in which the child(ren) are not covered by private health insurance pursuant to the support order.
In the event private health insurance is provided, cash medical support previously established shall cease on the last day of the month in which private health insurance is available for the child(ren), Obligor shall pay $__________, per month, for current child support, plus the 2% processing charge. The total obligation is $__________ per month (child support and the 2% processing charge).
In the event private health insurance becomes unavailable or is terminates, on the first day of the month following unavailability or termination of the private health insurance for the child(ren), Obligor shall pay $________, per month, for current child support, plus the 2% processing charge. Obligor shall also pay $________, per month, for cash medical support. The total obligation is $_________, per month (child support, including the processing charge and cash medical support.)
The costs for uninsured ordinary medical, orthodontia hospitalization, pharmaceutical, psychological and dental expenses ____% to Obligor and ____% to Obligee. The uninsured ordinary expenses are defined as the first $100.00 of annual uncovered out of pocket costs. Under the same formula listed above, the parties shall equally divide extraordinary medical, orthodontia, hospitalization, pharmaceutical, psychological and dental expenses. The Obligor and Obligee are both liable for the health care of the children who are not covered by private health insurance or cash medical support.
In accordance with paragraph (I) of ORC Section 3119.32, upon receipt by the CSEA of notice that private health insurance coverage is not available at a reasonable cost to the Health Insurance Obligor, cash medical support shall be paid in the amount as determined by the child support computation worksheet pursuant to R.C. 3119.022 or 3119.023. The CSEA may change the financial obligation of the parties to pay child support and cash medical support without a hearing or additional notice to the parties.
Therefore, in accordance with R.C. 3119.30, it is ORDERED that if, after the issuance of this order, private health insurance coverage for the child(ren) named above becomes available through any group policy, contract, or plan available to the Child Support Obligor or the Child Support Obligee, the Child Support Obligor or Child Support Obligee to whom the coverage becomes available SHALL IMMEDIATELY INFORM THE CSEA OF THE AVAILABLE COVERAGE.
(E) All requests or an order of support including a plan for shared parenting or modification of support shall be accompanied by a completed child support worksheet based upon the best information available at the time of filing.
18.12 Attorney Fees: An award of attorney fees is discretionary with the Court and may be awarded in accordance with the following protocol and considerations:
(A) A request for attorney fees and expenses to prosecute an action shall be made in writing and shall be included in the body of a motion or other pleading that gives rise to the request for fees.
(B) At the time of the final hearing on the motion or pleading that gives rise to the request for attorney fees, the attorney seeking such fees shall present:
(1) Testimony and an itemized statement describing the services rendered, the time for such services, and the requested hourly rate for in-court time and out-of-court time.
(2) Testimony as to whether the case was complicated by any or all of the following: new or unique issues of law; difficulty in ascertaining or valuing the parties’ assets; problems with completing discovery; any other factor necessitating extra time being spent on the case; testimony regarding the attorney’s years in practice and experience in domestic relations cases; evidence of the parties’ respective income and expenses, if not otherwise disclosed during the hearing.
(C) Expert testimony other than the attorney requesting fees is required to prove both the necessity and reasonableness of attorney fees, provided however that attorney fees of $500.00 or less are presumed reasonable in bringing a motion to show cause for failure to pay medical debt, interference with visitation or custody; or default in a support order.
(D) Failure to comply with the provisions of this rule may result in the denial of a request for attorney fees.
(E) Any attorney fee award made by this Court must be entered in favor of a party litigant and not in favor of a party’s attorney.
18.13 Medical Expense Standard Order: Unless otherwise ordered, pursuant to R.C. 3119.30, the parties shall share the cost of medical, dental, optical and prescribed drug expenses not covered by insurance in accordance with the percentages on each party’s income as shown on the most recent worksheet computation, or as otherwise ordered by the Court.
18.14 Qualified Domestic Relations Order (QDRO).
(A) Unless otherwise ordered, the participant entitled to the pension or retirement plan shall be responsible for preparing the Qualified Domestic Relations Order "QDRO" for submission to the Court.
(B) Whenever it is ordered that a pension or retirement program be divided by a QDRO the parties and counsel shall sign and approve the original of a QDRO submitted to the Court, and shall sign and approve any subsequent QDRO submitted to the Court, unless waived by the Court.
(C) The QDRO should be submitted to the Court within 60 days of the filing of the Judgment Entry for Divorce or Decree of Dissolution of Marriage. The participant entitled to the pension or retirement plan shall be responsible to submit the QDRO to the plan administrator for acceptance of same. The costs of preparing or submitting a QDRO shall be paid equally by the parties. The costs of professional preparation services do not require the prior agreement of the parties.
(D) The QDRO shall include the name and address of the plan administrator on the front page.
(E) Unless otherwise expressly ordered by the Court, by this Rule, the Court retains jurisdiction over all matters relating to the distribution of pension or retirement plans by QDRO.
18.15 Division of Property Order (DOPO).
(A) The division of retirement benefits for members of the Ohio Public Employees Retirement System (OPERS), State Teachers Retirement System (STRS), School Employees Retirement System (SERS), Ohio Police And Fire Pension Fund (OP&F), and Ohio Highway Patrol Retirement System (HPRS) shall conform with the requirements of each agency’s respective administrative rules.
(B) Unless otherwise ordered, the participant of the plan shall be responsible for preparing the DOPO for submission to the Court.
(C) Whenever it is ordered that a retirement plan be divided by a DOPO the parties and counsel shall sign and approve the original of a DOPO submitted to the Court, and shall sign and approve any subsequent DOPO submitted to the Court, unless waived by the Court.
(D) If the Court ordered a division of a retirement plan, the Court may assign the responsibility to submit the DOPO.
(E) The DOPO should be submitted to the Court within 60 days of the Judgment Entry for Divorce or Decree of Dissolution of Marriage. The party preparing the DOPO shall be responsible to submit the DOPO to the plan administrator for acceptance of same.
(F) The DOPO shall include the name and address of the plan administrator on the front page.
(G) Unless otherwise expressly ordered by the Court, by this Rule, the Court retains jurisdiction over all matters relating to the distribution of pension or retirement plans by DOPO.
18.16 Consent Entries: A Consent Judgment Entry amending the terms of a plan for shared parenting may be submitted to the Court without the necessity of a motion or hearing only if signed by both parties, and both counsel. In the event child support is being amended, a guideline child support work sheet must be prepared and filed. Child support may not be deviated by consent entry. In the event that the responsibility for providing private health insurance changes to a third-party spouse, a copy of the health insurance card along with the name and address of the health insurance company shall be provided to the Child Support Enforcement Agency. The designation of residential parent for school purposes is a term of a plan for shared parenting and may be amended by consent entry. All other reallocations of parental rights including changing or amending the designation of residential parent in a plan for shared parenting must be pursuant to motion and hearing. A consent entry may be submitted upon motion for parenting time modification pursuant to R.C. 3109.05.1. Parties submitting a consent entry must provide copies sufficient for the official court file and all parties, pay a filing fee of $50.00 to the Clerk of Court, and have no other court costs unpaid in the case.
18.17 Shared Parenting Plans: In accordance with R.C. 3109.04(G), plans for shared parenting shall include provisions covering all factors that are relevant to the care of children, including, but not limited to physical living arrangements, child support obligations, income tax dependency exemptions, provision for the child(ren)’s health care, school placement, and the parent with whom the child(ren) will be physically located during legal holidays, school holidays and other days of special importance. Shared Parenting Plans shall be signed by the party submitting the plan. If a plan is a joint plan, both parties shall sign the plan prior to filing. All plans for shared parenting shall be accompanied by a completed child support worksheet based upon the best information available at the time of filing. This requirement is not subject to waiver and shall be strictly construed.
18.18 Workshop for Parents: A Court approved Workshop for Parents must be attended by the parties prior to final hearings in actions for divorce, legal separation and dissolution of marriage where minor children are involved. A person may be denied parenting time rights until the Workshop has been attended. Each party shall pay $40.00 to the Clerk of this Court for and as tuition, which amount shall in turn be paid by the Clerk to the Workshop for Parents upon presentation of a billing by the Workshop. Upon a satisfactory showing to this Court of inability of either party to pay the tuition for the workshop for Parenting, and upon Order of this Court, the tuition will be waived for that party. The tuition for one proceeding in forma pauperis shall need no Order, and the tuition requirement is hereby waived. Upon a satisfactory showing to this Court of hardship to attend the Union County Workshop for Parenting, and upon further showing of a comparable program available to the applicant, the Court may, but shall not be required to, allow and Order substitution of the comparable program for the Union County Workshop for Parenting.
18.19 Uniform Mediation Act and Superintendence Rule 16: By this Rule, the Court incorporates by reference R.C. 2710 “Uniform Mediation Act” (UMA) and R.C. 3109.052 which addresses Mediation of Differences as to Allocation of Parental Rights and Responsibilities and Rule 16 of the Supreme Court of Ohio Rules of Superintendence. The purpose of the rule is to promote greater efficiency and public satisfaction through the facilitation of the earliest possible resolution of disputes through the use of mediation.
18.20 Referrals to Mediation: A Domestic Relations case may be referred to mediation by order of the Court. The Court may issue the order on its own motion, upon the motion of a party, or upon agreement of the parties. The following actions shall be exempted from mediation upon request of any party:
(A) Cases in which one of the parties is mentally ill;
(B) In emergency circumstances requiring an immediate hearing by a jurist; or
(C) Cases in which the parties have achieved an executed Agreed Judgment Entry.
18.21 Attendance at Mediation Sessions: All parties shall attend scheduled mediation sessions unless previously excused. The Court may order parties to return to mediation at any time. Further, and pursuant to the UMA, all parties may have their attorney and/or other support person or persons attend the mediation session. If counsel or any mediation party becomes aware of the identity of a person or entity whose consent is required to resolve the dispute, but who has not yet been joined as a party in the pleadings, they shall promptly inform the Mediator as well as the assigning Judge or Magistrate of such fact.
In the event that a party wishes to have an additional person who is not a party attend mediation, said party shall provide the Mediator with a request regarding same at least forty-eight (48) hours prior to the mediation session. A copy of the request shall be provided to the other party.
18.22 Failure to Attend Mediation: If any of the individuals identified in the above paragraph fail to attend mediation without good cause, the Court may impose sanctions, including the award of attorney’s fees and other costs, contempt or other appropriate sanctions.
18.23 Guardian Ad Litem: The Court may, on its own motion, appoint a guardian ad litem for a minor child or an incompetent person. The Court may appoint a guardian ad litem upon the written motion of a party stating with particularity the grounds for the motion. The motion must be accompanied by a statement of who will be responsible for the fees. The court will ordinarily require a deposit of $500.00 from the party requesting an appointment. Except by leave of the trial judge and for good cause shown, no motion for the appointment of a guardian ad litem shall be granted once the matter has been set for hearing with a firm trial date. The guardian ad litem shall serve as guardian for the child. No party or counsel shall attempt to obtain other legal counsel for the child.
18.23(1) Qualifications of Guardian Ad Litem: The qualification of any attorney as guardian ad litem for a minor child, are:
(1) Certification of good standing by the Ohio Supreme Court;
(2) Malpractice insurance;
(3) C.L.E. or Court-approved training as required by Rule 48 of the Ohio Rules of Superintendence, including the completion of annual training;
(4) On or before March 1 of each year, certify that there is no circumstance which would disqualify the individual from service.
A non-attorney may qualify for appointment as a guardian ad litem upon certification of compliance with the requirements of Rule 48 of the Rules of Superintendence and a finding by the court that the person possesses specialized skill, education, or training such as the court may repose trust and confidence in the judgment and abilities of that person.
18.23(2) Appointment Procedures: Upon the motion of either party or at the discretion of the Court, the Court may order a guardian ad litem. By agreement, parties by may nominate an individual for appointment provided the nominee is in good standing on this court’s list of approved guardian ad litems. Unless otherwise provided, it is the responsibility of each party involved in the litigation to timely contact the guardian ad litem, and to provide the guardian with information relating to the minor child. The parties shall cooperate with the guardian ad litem during the investigation. The guardian shall be authorized to communicate with the parties and any other agencies, persons, medical providers, or schools as a part of the investigation. The court may, at the time of appointment, set the hourly rate permitted to be charged by the guardian ad litem for services rendered, and may award fees through the completion of his or her employment. Unless otherwise set by order of the court, the hourly rate for an attorney appointed guardian ad litem shall be $125.00 per hour. The court at its discretion may order the payment of fees by income withholding. The court Magistrate shall maintain a list of all qualified guardians ad litem and shall periodically review the appointment procedure to assure the equitable distribution of cases. The guardian ad litem shall be reappointed for a specific child in any subsequent case concerning the best interest of the child.
18.23(3) Responsibilities of a Guardian Ad Litem: The guardian ad litem shall discharge his/her duties in strict compliance with Rule 48 of the Ohio Rules of Superintendence. In order to provide the court with relevant information and an informed recommendation regarding the child’s best interest, a guardian ad litem shall perform, at a minimum, the responsibilities stated in this division, unless impracticable or inadvisable to do so.
(A) A guardian ad litem shall represent the best interest of the child for whom the guardian is appointed. Representation of best interest may be inconsistent with the wishes of the child whose interest the guardian ad litem represents.
(B) A guardian ad litem shall maintain independence, objectivity and fairness, as well as, the appearance of fairness in dealings with parties and professionals, both in and out of the courtroom and shall have no ex-parte communications with the court regarding the merits of the case.
(C) A guardian ad litem is an officer of the court and shall act with respect and courtesy to the parties at all times.
(D) A guardian ad litem shall appear and participate in any hearing for which the duties of a guardian ad litem or any issues substantially within a guardian ad litem’s duties and scope of appointment are to be addressed.
(E) A non-attorney guardian ad litem must avoid engaging in conduct that constitutes the unauthorized practice of law, be vigilant in performing the guardian ad litem’s duties and request that the court appoint legal counsel, or otherwise, employ the services of an attorney, to undertake appropriate legal actions on behalf of the guardian ad litem in the case.
(F) A guardian ad litem who is an attorney may file pleadings, motions and other documents as appropriate under the applicable rules of procedure.
(G) When a court appoints an attorney to serve as both the guardian ad litem and attorney for the child, the attorney shall advocate for the child’s best interest and the child’s wishes in accord with the Rules of Professional Conduct. Attorneys who are to serve as both guardian ad litem and attorney should be aware of Rule 3.7 of the Rules of Professional Conduct and act accordingly.
(H) When a guardian ad litem determines that a conflict exists between the child’s best interest and the child’s wishes, the guardian ad litem shall, at the earliest practical time, request in writing that the court promptly resolve the conflict by entering appropriate orders.
(I) A guardian ad litem shall avoid any actual or apparent conflict of interest arising from any relationship or activity including, but not limited to, those of employment or business or from professional or personal contacts with parties or others involved in the case. A guardian ad litem shall avoid self-dealing or associations from which the guardian ad litem might benefit, directly or indirectly, except from compensation for services as a guardian ad litem.
(J) Upon becoming aware of any actual or apparent conflict of interest, a guardian ad litem shall immediately take action to resolve the conflict, shall advise the court and the parties of the action taken and may resign from the matter with the leave of court, or seek court direction as necessary. Because a conflict of interest may arise at any time, a guardian ad litem has an ongoing duty to comply with the division.
(K) Unless excepted by statute, by court rule consistent with this rule, or by order of court pursuant to this rule, a guardian ad litem shall meet the qualifications and satisfy all training and continuing education requirements under this rule and under any local court rules governing guardians ad litem. A guardian ad litem shall meet the qualifications for guardians ad litem for each county where the guardian ad litem serves and shall promptly advise each court of any grounds for disqualification or unavailability to serve.
(L) A guardian ad litem shall be responsible for providing the court or its designee with a statement indicating compliance with all initial and continuing educational and training requirements so the court may maintain the files required in division (G) of this rule. The compliance statement shall include information detailing the date, location, contents and credit hours received for any relevant training course.
(M) A guardian ad litem shall make reasonable efforts to become informed about the facts of the case and to contact all parties. In order to provide the court with relevant information and an informed recommendation as to the child’s best interest, a guardian ad litem shall, at a minimum, do the following, unless impracticable or inadvisable because of the age of the child or the specific circumstances of a particular case:
(1) Meet with and interview the child and observe the child with each parent, foster parent, guardian or physical custodian and conduct at least one interview with the child where none of these individuals is present;
(2) Visit the child at his or her residence in accordance with any standards established by the court in which the guardian ad litem is appointed;
(3) Ascertain the wishes of the child;
(4) Meet with and interview the parties, foster parents and other significant individuals who may have relevant knowledge regarding the issues of the case;
(5) Review pleadings and other relevant court documents in the case in which the guardian ad litem is appointed;
(6) Review criminal, civil, educational and administrative records pertaining to the child and, if appropriate, to the child’s family or to other parties in the case;
(7) Interview school personnel, medical and mental health providers, child protective services workers and relevant court personnel and obtain copies of relevant records;
(8) Recommend that the court order psychological evaluations, mental health and/or substance abuse assessments, or other evaluations or tests of the parties as the guardian ad litem deems necessary or helpful to the court; and
(9) Perform any other investigation necessary to make an informed recommendation regarding the best interest of the child.
(N) A guardian ad litem shall immediately identify himself or herself as a guardian ad litem when contacting individuals in the course of a particular case and shall inform these individuals about the guardian ad litem’s role and that documents and information obtained may become part of court proceedings.
(O) As an officer of the court, a guardian ad litem shall make no disclosures about the case or the investigation except in reports to the court or as necessary to perform the duties of a guardian ad litem. A guardian ad litem shall maintain the confidential nature of personal identifiers, as defined in Rule 44 of the Rules of Superintendence, or addresses where there are allegations of domestic violence or risk to a party’s or child’s safety. A guardian ad litem may recommend that the court restrict access to the report or a portion of the report, after trial, to preserve the privacy, confidentiality, or safety of the parties or the person for whom the guardian ad litem was appointed in accordance with Rule 45 of the Rules of Superintendence. The court may, upon application, and under such conditions as may be necessary to protect the witnesses from potential harm, order disclosure of or access to the information that addresses the need to challenge the truth of the information received from the confidential source.
(P) A guardian ad litem shall perform responsibilities in a prompt and timely manner, and, if necessary, an attorney guardian ad litem may request timely court reviews and judicial intervention in writing with notice to parties or affected agencies.
(Q) A guardian ad litem who is to be paid by the court or a party, shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the court and provide a copy to each party or other entity responsible for payment.
18.23(4) Report of the Guardian Ad Litem: The final report shall be filed with the court and made available to the parties for inspection no less than 14 days before the final hearing unless the due date is extended by the court. Written reports may be accessed in person or by phone by the parties or their legal representatives. A copy of the final report shall be provided to the court at the hearing. The guardian ad litem may provide a copy of the report to counsel; however, no copy of the report will be provided by the guardian ad litem or counsel to any party at anytime. A guardian ad litem report shall not be transmitted by facsimile.
18.23(5) Discharge: Unless otherwise directed, counsel or the parties shall include in the final judgment entry a provision for the discharge of the guardian ad litem at the conclusion of the pendency of the matter on which the guardian ad litem was appointed.
18.23(6) Court Oversight: The court shall accept and consider any written comments and complaints concerning the performance of a guardian ad litem. A copy shall be submitted to the guardian ad litem. A written record of the Court’s disposition of the comment shall be kept in the guardian ad litem’s file and notification of the disposition shall be given to the person making the comment or complaint and the subject guardian ad litem. The court shall annually conduct a review of all guardians ad litem to determine that they are in compliance with the training and education requirements of Rule 48 of the Ohio Rules of Superintendence and the local rules.
For further information, reference is made to Union County Case No. 2011-MISC-0052, dated the 21st day of October 2011.
FEES IN PARTITION CASES
In partition cases where the land is sold, counsel fees may be allowed by the Court and taxed as part of the costs as follows: 10% of the first $5,000.00; 5% of the next $5,000.00; 2% of the excess above $10,000.00; the minimum fee shall be $75.00, or 25% of the gross sale price, whichever is the lesser sum.
AMENDMENT OF LOCAL RULES 20 & 21, COURT OF COMMON PLEAS, UNION COUNTY, OHIO, EFFECTIVE October 1, 2008.
Effective October 1, 2008, Union County Court of Common Pleas Local Rules 20 & 21 are Amended to read as follows:
FORECLOSURES & MARSHALLING OF LIENS
20.01. Complaint/Initial Filing. In actions for the foreclosure and marshalling of liens, any other judicial sale of real estate, or any action involving title to real estate, Complaints, Counterclaims, or Crossclaims, including those amended or supplemental, shall contain the following:
(A) Permanent Parcel Number. The correct permanent parcel number(s) appearing in the caption.
(B) Necessary Parties. The Union County Treasurer shall be named as a party.
(C) Real Party in Interest. The Note, Mortgage, and Assignments, if applicable, attached as exhibits, thereby demonstrating the chain of title and that Plaintiff is in fact the real party in interest. Should the Assignment demonstrating that Plaintiff is the real party in interest not yet be recorded or not yet be in Plaintiff’s possession, Plaintiff shall file a Notice of Filing of the appropriate Assignment with the Clerk no later than fourteen (14) days after the filing of the Complaint to bring the case file current. Failure to comply with this provision shall result in the in Dismissal of the Complaint without prejudice absent further notice.
(D) Legal Description.
(1) Prior to filing a Complaint, Plaintiff shall provide to the Union County Engineer’s Office, along with the foreclosure packet to be filed, the complete legal description for the real property that is the subject of the action to be filed, its Permanent Parcel Number, Tax Mailing Address, VMS Number, Plat Book/Page, if applicable, Map Number, the Prior Deed, Prior Deed Reference, Township Name, Municipality, if applicable, and Final Acreage of the parcel. If the Prior Deed was exempt, Plaintiff shall provide the most recent non-exempt Deed.
(2) An Engineer’s Office representative shall review Plaintiff’s submission to determine whether it meets the conveyance standards of the Union County Engineer, stamp the Legal Description “Existing Description Acceptable for Transfer” or “New Survey and Description Required before Next Transfer,” as is appropriate, and return the stamped Legal Description to Plaintiff. If the description does not meet conveyance standards, the description shall be returned unstamped for correction by Plaintiff. If the Legal Description is returned bearing the stamp “New Survey and Description Required before Next Transfer,” Plaintiff shall obtain a new survey and description and provide the same to the Union County Engineer for pre-approval prior to the filing of its Complaint. The Engineer-approved legal description for the subject property shall be attached as Exhibit A to all entries granting judgment and a decree of foreclosure and praecipes for order of sale.
(3) As of the effective date of these rules, the Clerk shall not accept for filing any Complaint in Foreclosure that does not have attached thereto a legal description of the property stamped “Existing Description Acceptable for Transfer,” or in the case where a new survey was required, stamped “Description Acceptable” by the Union County Engineer’s Office.
20.02. Service by Publication.
(A) Newspaper. Should service by publication be necessary, the party requesting such service shall make the necessary arrangements with the Marysville Journal Tribune for the publication, pay the costs thereof to the newspaper, and direct the publisher to file proof of publication with the Clerk of Courts. See Local Rule 4.06. Exception, see R.C. 2323.31.
(B) Time. Publication shall be made once a week for three (3) consecutive weeks instead of as provided by Civil Rule 4.4. See R.C. 2703.141(A). It is sufficient to describe the parcel in such publication by listing the complete street address and the permanent parcel number instead of a complete legal description.
20.03. Evidence of Title.
(A) Preliminary Judicial Report. Pursuant to R.C. § 2329.191(B), within fourteen (14) days of filing its Complaint for the foreclosure or marshalling of liens, Plaintiff shall procure and file with the Clerk a Preliminary Judicial Report, effective within thirty (30) days prior to the filing of its Complaint, prepared by a Title Company not associated with any of the parties, or Counsel for any of the parties, to the action for which the Report is being furnished. Failure to comply with this provision will result in the dismissal of Plaintiff’s Complaint without prejudice without further notice.
(B) Final Judicial Report. Prior to any Judgment being rendered or any Sale being ordered, Plaintiff shall file with the Clerk a Final Judicial Report that updates the state of the record title, includes a copy of the Court’s docket for the case, and bears a certification specifically stating, “All necessary parties are properly before the Court, with all proceedings in conformity to law and Civil Rules.”
(C) Costs. The costs of the title work required under this rule shall include a base search fee based on the value set forth in the appraisers' or commissioners' return at the rate of a minimum of $100.00, plus $5.00 per thousand in excess of $10,000.00, with a maximum of $500.00, plus a premium on the Judicial Report issued, said costs to be taxed as part of the costs in the case. The premium on the Judicial Report is that rate allowed by the Ohio Department of Insurance.
20.04. Interim Matters.
(A) Notice of Appearance. Any attorney appearing in a case after the initial document has been filed shall file a notice of appearance identifying the party on whose behalf the attorney is appearing. The Court may strike pleadings, memoranda, briefs, or other documents filed by attorneys not in compliance with this provision. Withdrawal of Counsel, see Rule 28.
(B) Motions. All Motions and Entries submitted to the Court for ruling may be set for oral hearing at the earliest date convenient with the Court’s schedule. Counsel for the moving party shall appear in person at any scheduled proceeding, demonstrating to the Court that the moving party is entitled to that which is sought. Failure of the moving party to appear may result in dismissal of the pleadings, and in the case of Plaintiff, dismissal for want of prosecution or other sanctions the Court deems appropriate.
(C) Entries. No entries will be accepted for consideration absent the appropriate Motion first appearing on the docket. All entries for judgment presented to the Court for approval at any time shall contain the signature of representatives of each answering party, or if represented by counsel, Counsel for each answering party, and the Prosecuting Attorney or his/her assistant—not simply saying “submitted” or “circulating for approval” on the signature line—but bearing the actual signature of the approving individual. The attorney requesting Court approval of the Entry must obtain the approvals of those required to sign, not the Clerk of Court, Foreclosure Staff Attorney, or Court Staff.
(D) Case Management. The case will be administratively dismissed with no further notification where either of the following applies:
(1) Service is complete and Defendant is in default for longer than forty (40) days with no further action taken by Plaintiff; or
(2) Plaintiff’s Attorney is notified of failure of service of summons for thirty (30) days with no further action to advance the case appearing of record.
In the event a case is placed on drop list, the action may be saved from dismissal only by presentation of a proper motion, order, AND APPROVAL by the Court prior to the date set for dismissal. Such motion and order must address the deficiency in the case file and state a reasonable date certain for compliance. Such requests will be granted at the sole discretion of the Court.
(1) In the event the property owner files a petition under the United States Bankruptcy Code, any party may file a Notice of Suggestion of Stay and accompanying Entry. At such time, the case will be placed on inactive status, accrued costs deducted from the deposit.
(2) If and when the bankruptcy court grants relief and allows the foreclosure to continue or an automatic stay expires, evidence of such written relief/expiration shall be filed in the case before any further proceedings or documents are presented to the Court for signature or approval. Upon the filing of such documents, Counsel shall move the Court to reinstate the case to the active docket and prepare a proposed entry to the same.
(F) Settlement. Plaintiff’s counsel shall notify the Court of any payment plan or Forbearance agreement entered into on a pending case within seven (7) days of said agreement. The Court may dismiss the case without prejudice upon said notice, enabling Plaintiff to refile the case should the debtor fail to make payments pursuant to said agreement.
20.05. Dispositive Motions.
(A) Motions for Default Judgment. See Local Rule 20.04(B)-(C).
(B) Motions for Summary Judgment. Once a case is set for bench trial, Summary Judgment Motions will not be entertained. See also Local Rule 20.04(B)-(C).
20.06. Contested Matters.
(A) Mediation. If the primary defendant/mortgagor timely files an Answer or other pleading in response to summons/complaint, the case will be set for Mediation at the earliest date convenient with the Mediation Department’s schedule. Plaintiff’s Attorney, Plaintiff’s Representative, Primary Defendant/Mortgagor, and Primary Defendant’s/Mortgagor’s Attorney, if any, and any other party to the action the Court deems appropriate shall appear in person. See Local Rule 34 for Mediation in Civil Matters.
(B) Bench Trial. If an Answer or other pleading is timely filed in response to summons/complaint and the case is not resolved at Mediation, the case will proceed to Bench Trial at the earliest date convenient with the Court’s schedule. Plaintiff’s Attorney shall appear in person at any scheduled proceeding. Once a case has been set for Bench Trial, only an agreed Entry and Decree of Foreclosure reached during Mediation bearing all requisite signatures presented to AND APPROVED by the Court by 4:00PM on the preceding business day will be accepted in lieu of trial. Absent the appearance of such Entry on the docket by the time prescribed above, the failure of Plaintiff to appear at Trial will result in dismissal of the case for want of prosecution. Evidence as required under the Ohio Rules of Evidence must be presented.
20.07. Judgment and Decree of Foreclosure.
(A) The Judgment Entry and Decree of Foreclosure shall include at least the following:
(1) A short recital of the pleadings filed by each party;
(2) A finding that, “Service of summons upon all defendants was proper and that the Court has jurisdiction over all defendants; therefore, all necessary parties are properly before the Court”;
(3) A finding that certain defendants are in default for failure to answer, and therefore, are forever barred from asserting any claims against the real estate and are held for naught;
(4) A finding, where applicable, that, “Defendant, Union County Treasurer, has filed an Answer herein asserting an interest in the real estate that is the subject of the action for the payment of all real estate taxes. The lien of the Union County Treasurer for the payment of all real estate taxes is senior in priority as to all other parties and is the first and best lien upon the real estate. All delinquent and current real estate taxes assessed against the real estate shall be paid by the party requesting the order of sale prior to the confirmation entry being submitted to the Court”;
(5) A finding of the amount due Plaintiff on the lien and an order rendering judgment in favor of Plaintiff and against those defendants personally obligated where prayed for in the Complaint, unless previously discharged in bankruptcy, then a specification as to which defendants are immune from personal liability;
(6) A finding that Plaintiff’s lien is the first and best on the property after taxes, where applicable;
(7) A finding that Plaintiff is entitled to foreclosure;
(8) A finding of the amount, validity, and priority of all subordinate liens;
(9) A finding that there is no just reason for delay;
(10) A finding that upon confirmation of sale a recitation of the liens and mortgages of record to be released, either partially or fully;
(11) An order that unless the sums found due in the Decree are paid in full within three (3) days from the date the decree is rendered by the Court, Defendant’s equity of redemption will be foreclosed and an Order of Sale issue to the Sheriff of Union County to appraise, advertise, and sell the property at public sale;
(12) The approval signature, or email indicating approval, of each answering party, or if represented by counsel, then counsel therefor, and the Prosecuting Attorney or his/her assistant—not simply saying “submitted” or “circulating for approval” on the signature line—but bearing the actual signature of the approving individual; and
(13) A copy of the Engineer-approved legal description previously filed in the case for the subject property attached and incorporated within as Exhibit A.
21.01. All sales of real estate on order of this Court shall be conducted by the personnel of the Union County Sheriff’s Office, unless prior to the sale, on written application for good cause, an order is obtained authorizing the hiring of an auctioneer. Any such order shall specify the fee of the auctioneer and be taxed as costs. Said fee ordinarily shall not exceed $50.00 per parcel offered, or a maximum of $150.00 for the sale of all parcels in the action.
21.02. Praecipe for Order of Sale. After an Entry for order of sale is entered, Counsel for the party requesting the sale of the subject property shall file with the Clerk a praecipe for order of sale and attach thereto as Exhibit A a copy of the legal description contained in the decree of foreclosure for the case to obtain issuance of the order to the Union County Sheriff.
Effective December 13, 2011, Union County Court of Common Pleas Local Rule 21.03 is Amended to read as follows:
(A) Fees. Appraisal fees shall be paid to the Sheriff’s Office prior to any appraisal being performed, such fees to be $50.00 per appraiser per parcel, with a maximum of $150.00 per appraiser per action.
(B) Land Appraisement. Returns to the Clerk of Courts on land appraisals shall be made within five (5) days of completion and shall include the following:
(1) A completed Appraisement Form (Appendix Exhibit E);
(2) A copy of the Auditor’s appraisal value for the property that is the subject of the action; and
(3) A brief explanation as to the difference in appraisal values should the R.C. 2329.17 appraisement value vary by 10% or more from that of the Auditor.
This Rule as amended shall apply retroactively to all properties currently awaiting sale, whether scheduled or awaiting a sale date assignment, and prospectively to all future appraisals.
For further information, reference is made to Union County Case No. 2011-MISC-0062, dated the 13th day of December 2011.
(A) Fees. Plaintiff shall pay the Sheriff of Union County all costs associated with the advertisement for the sale of the property prior to the publishing of such notice. See R.C. 2329.38.
(B) Public Notice. The Officer making the sale shall give public notice of the date, time, and place of sale at least once a week for three (3) consecutive weeks before sale by advertising in the Marysville Journal Tribune. See R.C. 2329.26(A)(2) & 2329.27(A).
(C) Content. All notices and advertisements for the sale of lands and tenements shall contain the following:
(1) A complete legal description;
(2) The street number of the buildings on the land or the street number of the lots offered for sale;
(3) The web address of the Officer making the sale; and
(4) A notice that the full purchase price shall be paid within thirty (30) days from the date of sale.
(D) Service. Plaintiff shall serve written Notice including date, time, and place of sale, on the debtor and all other parties to the action, unless in default for failure to appear in the action, in accordance with Civ.R. 5. At least seven (7) days before sale, Plaintiff shall file with the Clerk a copy of said Notice with proof of service endorsed thereon. See R.C. 2329.26(A)(1).
21.05. Sale Procedures.
(A) Bids. On all sales of real estate, bids shall be offered in increments of $100.00 only. The taking of bids shall not cease until five (5) minutes after the Officer conducting the sale positively and publicly identifies the highest bidder. If no further bids are received, the Officer shall accept the highest bid and announce that sale is subject to confirmation by the Court.
(B) Deposit. The Officer shall require from all purchasers as soon as the bid is accepted, a deposit of a money order, cashier’s check, or certified check payable to the Sheriff of Union County, or cash, for 10% of the amount bid.
21.06. Post Sale Matters.
(A) Return of Order of Sale. On the Monday following the date of the sale, the Officer who made the sale shall return the Order of Sale to the Court. Within fourteen (14) days following the sale, the party or parties requesting the order of sale shall do the following:
(1) Pay in full to the Union County Treasurer all real estate taxes currently due and payable including any delinquent taxes, assessments, and penalties;
(2) Cause an invoice for the cost of the title insurance policy to be filed with the Clerk of this Court to be taxed as costs;
(3) Contact the Clerk of this Court, through written communication only, to obtain a cost bill for Court costs associated with the action; and
(4) Contact the Officer who made the sale to obtain a copy of the Return of Order of Sale for fees and costs associated with the sale of the property.
(B) Confirmation of Sale. The party who requested the order of sale shall prepare and tender to the Court a proposed entry, with a copy of the Engineer-approved legal description attached thereto as Exhibit A, ordering the confirmation of sale, distribution of proceeds, and release of liens, bearing the approval signatures of all answering parties or counsel, no later than twenty-one (21) days following the sale. Distribution shall include the following:
(1) To the Clerk of this Court: Court costs assessed, including the invoice for the cost of the title insurance policy;
(2) To the Sheriff of Union County: Sheriff’s fees, including $75.00 for recording, $50.00 for deed preparation;
(3) To the Auditor of Union County: Conveyance and transfer fees;
(4) To the Treasurer of Union County: $0.00, purchaser takes property subject to any future taxes, assessments, or penalties;
(5) To Plaintiff for its Judgment;
(6) To Other Lienholders, if any: Paid according to priority; and
(7) If any funds remain, the Entry shall specify to whom, in what amount, and at what address they should be paid. No Entry will be signed that directs the Clerk to hold remaining funds.
Confirmation of Sale shall be entered within thirty (30) days of the Return of Sale unless objections are filed by an interested party, in which case the Court may enter a stay of confirmation, or unless the Court enters a stay for any other reason it deems appropriate.
(C) Balance of Purchase Price.
(1) Within thirty (30) days from the date of Confirmation, the purchaser shall pay the balance of the purchase price to the Officer who made the sale. Complete disbursement of the total proceeds of sale shall be made by the Sheriff within thirty (30) days from the date Confirmation of Sale is filed.
(2) In the event the purchaser does not pay to the Officer who made the sale the entire amount due on the purchase price of the premises within said thirty (30) days, Purchaser shall be in contempt, and the Sheriff shall immediately cause a citation to issue commanding the purchaser to appear before the Court and show cause why he should not be punished. If found in contempt, the Court, in fixing the penalty, shall take into consideration the costs of readvertising, and all the expenses and losses necessarily incurred by reason of the delay and resale of the premises.
(D) Deed. Plaintiff’s Attorney shall have seven (7) days from the filing of the Confirmation of Sale to make to the purchaser a deed and deliver it to the Officer who sold the property. Said Officer shall record the deed within fourteen (14) business days of the date the purchaser pays the balance due.
21.07. Withdrawal of Order of Sale/Removal of Property from Sheriff’s Sale.
(A) Costs. Unless good cause is shown, once advertisement of the Sheriff’s sale of real estate has begun, Plaintiff shall be assessed the costs incurred after monetary judgment or Order of Sale issued, whichever event is first, if Plaintiff requests that Sale not be completed.
(B) Time for Filing. A motion to withdraw the Order of Sale and/or remove property from Sheriff’s Sale shall state with particularity the reason(s) for the withdrawal and shall be filed no later than forty-eight (48) business hours prior to sale for consideration by the Court. Motions filed after the specified time for filing will not be entertained. In the event of withdrawal due to the filing of a Petition in Bankruptcy, Plaintiff shall notify immediately the Officer making the sale.
(C) Effect of Withdrawal of Property. Should the motion for withdrawal of the property from Sheriff’s Sale be for any reason other than Bankruptcy, the Entry granting Judgment may be vacated and Plaintiff’s Complaint dismissed without prejudice.
(D) Court Approval. No property shall be withdrawn from Sheriff’s Sale absent an Order of this Court.
21.08. Multi-County Lands. Any action first filed in Union County for the foreclosure and marshaling of liens on real property situated in more than one county shall be cried solely in Union County. The same appraisers shall examine all portions of said property, regardless of the county in which it is located. Should 20% of the total acreage of the real property be located in a county other than Union, public notice of the sale of the property as set forth in Rule 21.04 shall also be made in said county.
21.09. Posting of Rules. The Officer making the sale shall keep a copy of these Rules conspicuously posted at the place where sales are conducted and shall call attention to them before taking any bids.
For further information, reference is made to Union County Case No. 2008-MISC-0049, dated the 1st day of October 2008.
JUDGMENT BY CONFESSION OR WARRANT OF ATTORNEY
22.01. Before a Judgment Entry is filed in cases of confession or Judgment by warrant of an attorney on promissory note, the original note shall be exhibited to the Court and presented to the Clerk of Courts, who shall endorse thereon by rubber stamp or writing, the fact that the note is in judgment. The Entry of Judgment shall not be filed until the same is done. See R.C. 2323.13.
22.02. The Complaint shall allege that each maker resides in Union County, Ohio, or signed the note in Union County, Ohio, and shall contain the last known address of the defendant(s) and the Clerk of Courts shall immediately, upon entering such judgment notify the defendant(s) of the Entry of Judgment by personal service, by registered or certified mail, mailed to them at the address set forth in the complaint and make notation thereof on the appearance docket.
23.01. Except for good cause shown, the Clerk shall not be required to issue subpoenas, nor the Sheriff required to serve the same, unless requests are filed with the Clerk at least three (3) business days prior to the time for trial.
23.02. Subpoenas will not be issued without adequate cost deposits. See Rule 3.01 (O).
23.03. See Local Rule 7.02 on fax of blank subpoenas.
23.04. Only written, and no faxed, instructions for service of subpoenas will be accepted by the Clerk of Courts.
ASSIGNMENT AND TRIAL OF CASES
24.01. Civil cases shall be assigned as nearly as practicable in consecutive order according to original case number.
24.02. Cases preferred by statute shall be advanced for trial and assigned without regard to the date of filing.
24.03. For good cause shown, any case at issue may be advanced for trial out of its numerical order. Any party seeking the advancement of a cause shall file a motion for advancement in which there shall be stated the reasons therefore.
VIDEO TRANSCRIPT OF TESTIMONY
25.01. If testimony is to be presented by video deposition, the video tape and a written transcript with page and line (as opposed to time) index to objections shall be submitted to the Court for ruling on objections at the time of a pretrial, or not later than seven (7) days prior to trial, whichever is earlier. Failure to comply with this rule will result in the videotape not being admitted at trial, unless the Court, upon written application and for good cause shown, allows the videotape to be shown. The proponent of the tape should advise the videographer to retain a copy of the tape for use in redaction of objectionable material, since once the original tape is filed with the Clerk of Courts it will not be released, but held for any appeal.
25.02. C. P. Sup.R. 12 is incorporated herein.
26.13. Specialized Docket. This Court, as a part of its criminal division, created a specialized docket entitled “First Steps Toward Recovery” (FSTR) also known as the “Drug Court” program in accordance with Sup.R. 36.20 through 36.29 on December 22, 2010. Persons sentenced to community control or granted intervention in lieu of conviction who qualify for FSTR will participate in the services provided as established by the FSTR Drug Court Program Description.
(A) The creation of FSTR aims to:
(1) Reduce the jail/incarceration time of the participant
(2) Provide the participant with skills to improve and better manage his/her substance dependency issues
(3) Reduce the recidivism rates among individual with substance dependency issues
(4) Increase the number of FSTR successful completions
(B) Prior to acceptance into FSTR each person shall undergo an assessment by the FSTR clinician. Persons may request to participate in FSTR by requesting an assessment at any time prior to his/her sentencing date. Such request may be made either in writing and filed with the Clerk of Courts or orally, during one of the conferences set in his/her case. To be eligible for consideration of participation in FSTR a person must meet these minimum requirements.
(1) Substance dependency diagnosis
(2) Placed on a community control sanction or granted intervention in lieu of conviction
Ordinarily a conviction of sex crimes, crimes involving children as victims, crimes involving the use of a weapon, and crimes of violence involving a victim with a serious injury will result in ineligibility.
(C) Each participant, upon acceptance into FSTR, shall sign a Participation Agreement and Waiver. The Clerk of Courts shall mail a copy of the signed Participation Agreement and Waiver to the participant at his/her address of record with the Clerk forthwith after the same has been filed. Each participant, upon entry, shall also be given a copy of the FSTR Handbook by the Program Director.
(D) Participants in FSTR will progress through Orientation, Phase I, Phase II, and Phase III as provided for in the Program Description. The phases provide for a graduated level of services and contact with the Treatment Team, decreasing with progression through the program. Participants will attend Drug Court status review hearings in open court before the Judge weekly or as otherwise provided for in the Program Description.
(E) Termination. Participants may be unsuccessfully terminated upon:
(1) Ongoing noncompliance or multiple violations of the FSTR program
(2) Serious violation of the FSTR program
(3) New serious criminal conviction
Participants may be neutrally discharged upon:
(1) Expiration of community control sanction
(2) Serious medical condition
(3) Significant change in circumstance that makes continuation/completion impracticable
(F) Statements made in Drug Court hearings shall be treated as evidence of conduct or statements made in compromise negotiations and are not admissible to prove the underlying cause of action, as set forth in Evidence Rule 408. Statements made in Drug Court hearings will be treated as statements made in the course of plea discussions in which the defendant or the defendants’ counsel was a participant, and will not be admissible to prove the underlying cause of action, as set forth in Evidence Rule 410. This does not limit the admissibility of evidence provable by independent, extrinsic evidence.
26.14. Certificate of Qualification for Employment.
(A) The purpose of this local rule is to define the specific local court requirements and processes that support a Petitioner’s application for a Certificate of Qualification for Employment (CQE) as set forth in Revised Code 2925.25 and Administrative Rule 5120-15-01 established by the Department of Rehabilitation and Corrections (DRC).
(B) In order to request a CQE, the Petitioner shall filed the Cover Sheet (Petition for Certificate of Qualification for Employment (RC 2953.25) [Form A]) with the Clerk of Courts for the county where the Petitioner resides. The Petitioner shall include the DRC Electronic Petition Number on the Cover Sheet, and shall attach a copy of the fully completed electronic Petition.
(C) All Petitions submitted through the DRC shall be accompanied by the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).
(D) Before any action is required to be taken on the Petition, the Petitioner must pay a deposit in the amount of $75.00. Payment of this deposit may be made in any form otherwise accepted in the court for filing. A Judge may waive some or all of the deposit otherwise required by this Rule. The Petitioner may submit an Affidavit of Indigency (Form B) or other relevant information for the Court’s consideration if requesting a reduction in the filing fees.
(E) All social security numbers and other information that must be excluded from public record shall be redacted in accordance with the rules of this court and the Rules of Superintendence. Records or information received by a court to assist the court with making its decision under Section 2953.25 of the Revised Code, including information included on a petition, shall retain their character as public or non-public records, as otherwise provided in law.
(F) Upon receipt of a Notice of Petition and the required deposit, the Clerk of Courts shall assign the Petition a miscellaneous civil case number.
(G) The Court shall obtain a criminal history for the Petitioner, either through the investigation ordered in support of the Petition (see Order for Investigation (Form F)) or otherwise.
(H) The Court shall attempt to determine all other courts in the state in which the Petitioner has been convicted of or plead guilty to an offense through review of the Petitioner’s criminal history or other investigation. The Clerk of Courts shall send a Notice to Court Regarding Petition for Certificate of Qualification for Employment [Form C] and Submission of Information Regarding Petition for Certificate of Qualification for Employment (Form E) to each court so identified. Such Notice shall be sent via ordinary US mail.
(I) The Clerk of Courts shall also send a Notice to Prosecutor Regarding Petition for Certificate of Qualification for Employment [Form D] and Submission of Information Regarding Petition for Certificate of Qualification for Employment (Form E) to the Prosecuting Attorney of the county in which the Petition was filed.
(J) The Judge or Magistrate shall review the Petition, criminal history, all filings submitted by the prosecutor or victim in accordance with the rules adopted by the division of parole and community services, and all other relevant evidence.
(K) The Judge or Magistrate may order any report, investigation or disclosure by the Petitioner that it believes is necessary to reach a decision (see Order for Investigation (Form F) and Order for Additional Information (Form G)).
(L) Once all information requested has been received, a Judge shall decide whether to Grant (Form H) or Deny (Form I) the Petition within sixty days, unless Petitioner requests and is granted an extension of time. The decision to grant or deny a Petition may be referred to a Magistrate, and then sent to the Judge for a final Judgment Entry and Order. All notice and objection periods regarding a magistrate’s decision would apply as set forth in the civil rules.
(M) The Clerk shall provide a written notice to the Petitioner of the Court’s Decision and Judgment Entry. If denied, the notice shall include conditions, if any, placed on subsequent filings and language that a final appealable order has been filed. The Clerk shall also notify the DRC of the disposition of the petition as required under the Administrative Rules, and if granted order the DRC to issue the CQE to Petitioner.
Former Rule 26 was REPEALED; effective July 21, 2010.
For further information, reference is made to Union County Case No. 2010-MISC-0028, dated the 21st day of July 2010.
The Probation Department of the Adult Parole Authority for the State of Ohio provides probation services to Union County.
27.01. In felony cases, no person shall be granted probation until a pre-sentence investigation and report has been made by the Probation Department of the Adult Parole Authority for the State of Ohio.
27.02. A probation record shall be kept in the Office of the Probation Department.
27.03. Printed conditions of Probation to be provided by said department shall be placed in the hands of all probationers. The Court's General Terms of Probation are on Journal 128, page 138, and Journal 166, Page 237.
27.04. If a person placed on probation fails to live up to the requirements and conditions of probation imposed upon him or her, such failure shall immediately be reported to the Prosecuting Attorney and/or Probation officer. See Criminal Rule 32.2 for Revocation of Probation.
27.05. Each person placed on probation shall pay a monthly supervision fee through the Clerk of this Court on or before the 5th day of the month, the amount of which shall be established by this Court and of which the offender shall be advised at sentencing. The funds shall be used to defray costs of supervision, as determined by the Court.
WITHDRAWAL OF COUNSEL
Counsel for any party, in a criminal or civil proceeding, shall be permitted to withdraw from an action only:
28.01. Upon written motion, with the written consent of his client, or the entry of appearance of substitute counsel. Any such written Motion shall be accompanied by a proposed Journal Entry.
28.02. Upon written motion and showing of good cause, with the consent of the Court, after notice by certified mail to the client stating the time, date and place where such motion will be heard. DR 2-110 is incorporated herein.
29.01. To assist the Court in performing its duties under Chapter 147 of the Revised Code of Ohio, the Court hereby establishes a committee to be known as the Notaries Public Committee. The Committee shall contain three members consisting of the Court Administrator, the Union County Law Librarian, and the Judge of the General Division.
29.02. The Court shall not approve the certificate of qualifications required by Chapter 147 of the Ohio Revised Code for appointment as Notaries Public unless the applicant is a resident of Union County, Ohio and is either a member of the Bar of the State of Ohio in good standing, or has passed the examination hereinafter provided.
29.03. Applicants shall submit to a written examination individually or in groups as determined by the Committee to determine whether the applicant possesses the legal qualifications. Examinations shall be administered by at least one member of the Committee. No examination shall be required of persons who are admitted to the practice of law in this state.
29.04. Applications shall be verified and filed in advance of examination upon delivery to a member(s) designated by the Committee. Applications shall be in such form and set forth such matters as the Committee shall prescribe. Within five days after an applicant has been examined, the Committee shall provide a written report to the Court. Said report shall contain either an approval or disapproval of the Committee as to test results. The Court shall pass on the application as the facts and law may require.
29.05. Applications filed shall be accompanied by a fee in the amount hereinafter provided, which will be returned, if the applicant is not permitted to take the examination by reason of lack of citizenship, legal residence, or other statutory requirement. If the applicant is examined by fails to receive a recommendation of approval, a new application may be filed with the additional examination fee hereinafter provided.
29.06. The Court shall not consider an application of any person to become a Notary Public unless there is first submitted to the Court the aforesaid application together with the report of the Committee. To appeal an unfavorable report, the applicant, within five days of mailing notice of the adverse report to the applicant, must give written notice to the Court and to the chairman of the Notaries Public Committee of his desire for a hearing. Thereupon the Court will set a time and place for hearing, after which the Court will rule on the application as the facts and law require. The matter may be referred to a referee appointed by the Court who will conduct the hearing and report to the Court with findings of fact together with recommendations.
29.07. Any complaint filed by the Committee seeking to have a Notary removed, suspended, or disciplined, shall be heard by the Court after notice thereof to the chairman of the Committee and the individual or individuals against whom the complaint is filed.
29.08. Whenever an applicant, after examination, is not recommended for appointment to the office of Notary Public, said applicant may file a new application for re-examination. However, the applicant shall not be re-examined less than thirty (30) days from the first examination. If the applicant is again not recommended the applicant shall not be permitted to file a new application until sixty (60) days or more have elapsed from the date of the second examination. Having taken three or more examinations and having been found by the Committee to still be unqualified to hold said office, an applicant shall not be permitted to file an additional application for examination until one year thereafter. Each such application shall be accompanied by the fee hereinafter provided.
29.09. Should any applicant, after filing an application for examination, fail to be examined within ninety (90) days after the filing of said application, the application will be cancelled, and the fee paid will be forfeited.
29.10. Any person holding a valid Notary Public commission who desires a renewal of such commission, shall file an application for renewal with the Committee. Such application shall be verified and shall be in the form and set forth such facts as the Committee shall prescribe. Renewal applications shall be accompanied by a fee in the amount hereinafter provided. If the renewal application shows the applicant to be legally qualified for reappointment, the Committee shall so report to the Court and the applicant shall be deemed qualified for renewal of his commission without examination, unless otherwise ordered by the Court or recommended for good cause by the Committee.
29.11. The amount of fees hereinafter designated to be paid by each applicant shall be fixed as follows:
No application shall be considered unless accompanied by the prescribed fee. Fees shall be paid by check or money order payable to "Union County Bar Association" and "SOS/Notary Commission"
Effective March 9, 1991.