1.0 Compliance with Ohio Rules of Civil Procedure; Individual Assignment System (Revised 3/25/2015)
Unless otherwise provided herein, all pleadings, motions, and other filings shall comply in form and content with Title II of the Ohio Rules of Civil Procedure and the Local Rules of the Court of Common Pleas of Hamilton County, Ohio.
(A) (1) Individual assignment system. As used in these rules, “individual assignment system” means the system in which, upon the filing in or transfer to the court or a division of the court, a case immediately is assigned by lot to a judge of the division, who becomes primarily responsible for the determination of the issues and proceeding in the case until its termination, subject to provisions of Rule 53 Ohio Rules of Civil Procedure. All preliminary matters, including requests for continuances, shall be submitted for disposition to the judge or magistrate to whom the case has been assigned or, if the assigned judge or magistrate is unavailable, to the administrative judge. The individual assignment system ensures all of the following:
(a) Judicial accountability for the processing of individual cases;
(b) Timely processing of cases through prompt judicial control over cases and the pace of litigation;
(c) Random assignment of cases to judges of the division through an objective and impartial system that ensures the equitable distribution of cases between or among the judges of the division
(2) Modifications to the individual assignment system may be adopted to provide for the redistribution of cases involving the same parties, family members, or subject-matter. Any modifications shall satisfy divisions (A)(1)(a) to (c) of this rule.
(B) Assignment of refiled cases. In any instance where a previously filed and dismissed case is refiled, that case shall be reassigned to the judge originally assigned by lot to hear it unless, for good cause shown, that judge is precluded from hearing the case.
(C) Assignment upon reversal and remand from the Court of Appeals. When a case is reversed and remanded, the case may be reassigned by lot in accordance with the system authorized in (A)(1). The case may or may not require a hearing to be set to resolve the issue at hand. If a hearing is required, the court will set the matter upon the assigned judge or magistrate's docket.
(D) Administrative Judge Relief from Case or Trial Duties. The administrative judge of a court or division may be relieved of a portion of the judge's case or trial duties in order to manage the calendar and docket of the court or division.
1.1 Questionnaires
Attorneys will be required to complete the questionnaire for all divorce and dissolutions filed.
Questionnaires are to be typed and submitted by Plaintiff’s attorney and must include complete information for both Plaintiff and Defendant as known.
Questionnaires are to be submitted to the Domestic Relations Docket Office
(Room 03-46) the same day the divorce/dissolution is filed.
Any incomplete questionnaire will be returned to the attorney to be completed and resubmitted. The case number must be stamped on all questionnaires by the Clerk of Courts and returned to the Docket Office.
1.2 Continuances - Amended 05/01/2012
All continuances of scheduled matters shall be sought in strict compliance with this rule, and will be granted only for good cause shown. The court will make the final determination as to whether to grant or deny a request or motion for continuance.
The party requesting a continuance shall first seek the agreement of the other party. If both parties agree to the continuance, the requesting party or counsel shall submit either a Continuance Order to the assigned judge (Form DR 8.1A), or to the assigned magistrate (Form DR 8.1). In either case, the form shall be fully completed (including the specific reason for the requested continuance), AND signed by both parties or their counsel (personally, or by telephone authorization).
If the consent of the other party cannot be obtained, the requesting party shall then file a motion for continuance, which shall be scheduled for hearing on the appropriate docket, with proper service upon, and adequate notice provided, to all parties.
The assigned judge or magistrate may assess reasonable costs and/or attorney fees against a party as a result of that party’s improvidently requesting or resisting the continuance.
1.3 Ohio Attorney
No action in the Court of Common Pleas, Division of Domestic Relations for divorce, legal separation, annulment or dissolution of marriage, shall be filed or tried by an attorney not admitted to practice in the State of Ohio, unless there is co-counsel who is admitted to practice in Ohio.
1.4 Continuances and Dismissals - ELIMINATED 05/01/2012
1.5 Post Decree Motions and Filings– Amended 05-14-2012
On the filing of any post-decree motion, except for those listed herein below, the party filing the motion must pay a filing fee of $125.00, regardless of any custody or child support issues.
The Court of Domestic Relations will exempt the following motions from payment of a filing fee:
§ Motion for Continuance
§ Motion for In Camera Interview
§ Motion to Mitigate
§ Motion to Set Aside Magistrate’s Order
§ Motion to Withdraw as Counsel
§ Motion to Compel
§ Motion for Attorney Fees
§ Motion for Guardian Ad Litem Fees
If a party asserts that they are indigent and unable to pay the $125.00 filing fee, a poverty affidavit will be required at the time of the filing. The court will undertake a further review of the issue of costs at the hearing on the motion and make a final determination regarding payment.
A filing fee will not be required for any pre-decree motions or pre- or post- decree Objections to Magistrate’s Decisions.
1.6 Court Filings – Amended 04-01-2013
All documents to be filed of record in a Domestic Relations Court case (e.g. all pleadings, motions, notices of hearing, memoranda, trial briefs, findings of fact, etc.) must be presented to and acknowledged by the Domestic Relations Court Docket Office prior to being presented to the Hamilton County Clerk of Courts’ Office for filing. Sufficient legible copies of documents to be filed must accompany the originals so as to allow the Domestic Relations Court Docket Office to retain one (1) copy of all documents to be filed; to allow the Hamilton County Clerk of Court’s Office to retain, not only the originals, but also the number of copies it requires for service and other purposes; and for delivery of a copy of certain documents to the assigned Judge or Magistrate as required below.
All motions to be heard by either a Judge or a Magistrate must first be set for hearing by the Domestic Relations Court Docket Office prior to being presented to the Hamilton County Clerk of Courts Office for filing. Written notice of the date, time, duration, type and place of any hearing on a motion, and sufficient copies of such notice, must then be filed with the Clerk of Court's Office and served along with the motion itself.
Immediately after filing with the Clerk of Court's Office, a filed stamped copy of any written memorandum, trial brief, final argument, request for findings of fact and conclusions of law, etc., which is to be considered by a Judge or Magistrate in resolving any issue in a case shall be submitted to that Judge or Magistrate by delivering the copy to the bailiff or constable for the Judge, or by leaving the copy in the Magistrate's mail box in room 2-100 or 2-34.
1.7 Classification and Notification Forms
No complaint in a domestic relations case shall be accepted for filing unless accompanied by a completed classification form provided by the Domestic Relations Docket Office in Room 03-46. No other pleading whereby an attorney makes his or her first appearance in a domestic relations case shall be accepted for filing unless accompanied by a completed notification form. The Clerk of Courts shall furnish such forms in Room 03-47.
1.8 Income and Expense Statement
An income and expense statement shall be filed and served on opposing party along with original pleadings or no later than 7 days prior to the date of the hearing. Upon failure of either party to submit such statement, the Magistrate may render a decision on the evidence presented, or order the matter reset and order appropriate attorney's fee.
1.9 Decree to Contain Specific Information
A decree will not be accepted unless it sets out specifically the amount of support payment per child, per month, spousal support, the exact date such payment is to commence and a statement that payment shall be made through the Child Support Enforcement Agency with an appropriate withholding order and medical forms attached.
In addition, the amount of arrearage, if any, as of a date certain shall be included, with reference to the mode of payment of such arrearage.
1.10 Filing; Time Limitations
Within seventy-five (75) days from the date of service, the Plaintiff must file one of the following or the case will be subject to dismissal without prejudice on the seventy-sixth (76) day:
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A "Request for Merit Setting" entry (prepared entry obtained in Domestic Relations Docket Office Room 03-46).
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A property statement which contains scheduling conference date.
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A request for custody investigation and payment of the appropriate fee.
1.11 Entry of Dismissal
All Entries of Dismissal, in which child support, spousal support or alimony are involved, shall incorporate the fact that the support obligation has terminated, the support account closed and arrearage reduced to zero. The original Entry shall be left with the Court Secretary.
1.12 Family File Number - ELIMINATED 9/3/2019
1.13 Agreed Entries - Amended 8-24-07
A. Reducing Support or Arrearage
Agreed Entries to reduce or terminate child support payments or to reduce or erase arrearages are not accepted. A filed motion, with proper service to the Hamilton County Child Support Enforcement Agency, followed by a hearing is required.
An exception to the above will be made only in cases where the party against whom a reduction of support or arrearage is sought is represented by counsel, and an entry is presented, signed by all parties and counsel, setting forth the factual basis for such reduction and the fact that the party against whom the reduction was made agreed to the reduction voluntarily and with the advice and consent of counsel. An applicable motion with waiver of service and payment of the post-decree motion filing fee is required before the Magistrate will review the Agreed Entry.
B. Change of Residential Parent
Agreed entries changing the residential parent are not accepted. A filed motion, with proper service to the Hamilton County Child Support Enforcement Agency, followed by a hearing is required.
An exception to the above will be made only in cases where the party losing residential parent status is represented by counsel, and an entry is presented, signed by all parties and counsel, setting forth the agreement regarding the change in status and the effect thereon to child support payments, medical and dental insurance coverage and status of tax exemptions.An applicable motion with waiver of service and payment of the post-decree motion filing fee is required before the Magistrate will review the Agreed Entry.
C. Shared Parenting Plans
Minor changes to Shared Parenting Plans are exempted.
D. Generally
Agreed entries shall bear the signature of all parties and counsel.
In cases where a party is not represented by counsel and an Agreed Entry purports to deprive such party of a right or otherwise operates to the potential detriment of such party, a hearing on the merits of such matters shall be conducted by the Court before such entry shall be accepted and journalized by the Court.
When applicable, requisite income and expense forms must accompany all Agreed Entries presented to the Court.
1.14 Service; Pleadings Invoking Continuing Jurisdiction
Pleadings invoking the continuing jurisdiction of the Court pursuant to Ohio Rules of Civil Procedure 75(J) shall be served according to the provisions regarding service of process in Rule 4 to 4.6, Ohio Rules of Civil Procedure. Responsive pleadings may be served upon the attorney of record in the proceedings pursuant to Rule 5(B), Ohio Rules of Civil Procedure.
1.15 Voluntary Dismissal; Stipulation or Notice of
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Stipulations or notices of voluntary dismissal of a Domestic Court action shall be governed by the provisions of Rule 41, Ohio Rules of Civil Procedure.
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Before such stipulations or notices can be accepted by the Clerk of Courts, a copy thereof must be filed with the Domestic relations Court, and the original stipulation or notice must bear the endorsement of the Domestic Relations Court demonstrating that a copy thereof was filed with the Domestic Relations Docket Office (Room 03-46)
1.16 Ex Parte Orders – Amended 3-18-08
No ex parte applications, orders, motions, or entries shall be submitted unless expressly authorized by law.
An expedited hearing may be requested in extraordinary circumstances. The moving party will be required to present their motion and attached affidavit outlining the need for an expedited hearing to the assigned magistrate for review. In the absence of the assigned magistrate, the moving party shall present their motion and attached affidavit to the Administrative Magistrate for review. If an expedited hearing is approved, the moving party will be required to provide notice to the non-moving party in accordance with Civ. R. 6(D) and to perfect service of their motion in accordance with Civ. R. 4.3(B).
1.17 Merit Hearing Settings
Merit hearings will not be scheduled without the filing of a "Request for Merit Setting" entry form 9.1 (available in Room 03-46). This states that all matters pertaining to alimony, support, parenting and division of property have been resolved. This entry is submitted to the Docket Office (Room 03-46) who will then schedule a hearing. Decrees must be presented to the Court at the time of the merit hearing. The "Request for Merit Setting" entry will not be necessary for Dissolutions filed.
1.18 Motion for Modification, Enforcement or Termination of Support Order to be Served
1.18 Motion for Modification, Enforcement or Termination of Support Order to
be Served on Child Support Enforcement Agency - Amended 8-24-07
Pursuant to O.R.C. §3121.25, any party filing a motion for modification, enforcement or termination of a support order, shall serve a copy thereof on the Child Support Enforcement Agency, 222 E. Central Parkway 6th Floor, Cincinnati, Ohio.
1.19 Identification Requirement
Initial filing documents presented to the Domestic Relations Docket Office shall include a legible copy of a driver’s license or a State of Ohio Identification card. Copies of either will be acceptable.
1.20 Interest on Support Arrearage
"Where interest on a support arrearage is an issue, the motion or other pleading shall include the following information:
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The date(s) of each court order fixing or modifying the sum(s) to be paid;
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The total claimed delinquency, without interest; and
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The amount of interest being requested and the calculations relied upon in support of the claim. Counsel shall oversee these calculations so that he/she can verify the reasonable accuracy of the figures.
Respondents who contest any of the figures proposed by the movant shall file a responsive pleading 28 days prior to the hearing date. The pleading shall address the factors listed in (1-3) and shall state with specificity the documents relied upon and the reasons for the disparity in the figures, if known."
1.21 Title IV-D Requirement
When filing a Complaint for Divorce and/or Petition for Dissolution and child(ren) are involved, a IV-D Application MUST accompany the filing.
In addition, when filing a Post-Decree Motion involving health care or support, a IV-D Application MUST accompany the motion.
1.22 Indigency Proceedings
A. Poverty Affidavits
The deposit or costs shall be considered met if a party files an Affidavit of Poverty swearing, in good faith, that the party does not have sufficient funds at present to pay the deposit and there is a certification by the attorney, if any, that no attorney fees have been paid. The filing of a Poverty Affidavit does not relieve a party from liability for court costs. Nothing herein shall be construed to prevent the Court from assessing costs to the other party.
B. Subsequent Deposit
If, during the course of a proceeding, the Court learns that a party, who has filed a Poverty Affidavit, is or has become able to pay the applicable court costs, the Court may order that party to pay the court costs within a reasonable period of time commensurate with the circumstances. Additionally, if it is determined by the Court that there was an intent by the party or the attorney to misrepresent the facts put forth in the affidavit in any way, sanctions may be levied by the Court.
1.23 Termination of Inactive Cases
An inactive case is a case which has been on the docket for six months and which (1) has not been tried, (2) is not awaiting trial assignment, and (3) is not stayed by order of the Judge to whom the case is assigned. Inactive cases shall be set for hearing to be tried or dismissed or for report after written notice to counsel of record or to unrepresented parties.
1.24 Pregnancy Disclosure and Disputed Parentage - Amended 1/01/2011
In actions for divorce, dissolution of marriage, annulment and legal separation:
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Where the wife is pregnant or either party asserts that a child born during the marriage is not the husband’s child, the initial pleading shall set forth the husband’s paternity status in relation to the child;
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If a pregnancy or disputed paternity status has not been disclosed in the initial pleadings, an amended pleading shall be filed setting forth the husband’s paternity status in relation to the child;
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If either party denies the husband’s paternity, the Court shall proceed, pursuant to ORC Chapter 3111.10, to determine if the parent and child relationship exists between the husband and the child, and then shall proceed to hear and determine all aspects of the case.
1.25 Motion for Contempt for Failure to Reimburse Medical Costs
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A party requesting reimbursement or payment of medical costs shall deliver appropriate documentation of such costs to the other party or parties by hand delivery, certified mail, regular mail, fax or e-mail. If a party delivers the documentation by hand, the receiving party shall sign a document acknowledging receipt. No parent shall deliver medical bills to the other parent through a minor child.
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A Movant who requests a finding of contempt for a failure to reimburse medical costs shall completely fill out and attach to the motion the Medical Expense Sheet (Form # 1.25).
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Actual copies of the medical bills and/or Explanation of Benefits forms shall not be attached to the motion, but may be presented as exhibits at the hearing if not otherwise stipulated into evidence.
1.26 Mandatory Disclosure Order - New Rule, Effective 1-2-08 -- Amended 10-1-2009
(A) Mandatory Disclosure Order
In every new action for divorce, legal separation or annulment, the plaintiff shall obtain a copy of the Administrative Judge’s Order Re: Mandatory Disclosure Pursuant to Local Rule 1.26 (Form No. DR 1.26). The Order shall be served upon the defendant along with the complaint and supplemental documents. Within 45 days of service on the defendant of the Complaint For Divorce, Legal Separation or Annulment and Mandatory Disclosure Order, each party shall disclose to the other all of the following information and documents that is in his or her custody, possession or control:
- All real estate deeds and vehicle titles;
- The most recently issued statements on all bank accounts, annuities, stocks, and bonds;
- The most recently issues statements regarding pensions, profit sharing plans, retirement benefits, and IRA’s, including the most recent summary plan description;
- All life insurance policies in force now or within the last six months, including the most recent cash value statements;
- The last three years’ income tax returns;
- Proof of current income from all sources;
- Health, dental and vision insurance coverage available along with ALL plan options and costs (i.e. single, family, etc.);
- All COBRA benefits to which either party may be entitled, including cost estimates;
- Child care expenses;
- The most recently issued statements for all liabilities including, but not limited to, mortgages, lines of credit, loans, and credit card accounts;
- Completed Property Statement (Form No. DR 4.1);
- Completed Affidavit of Income, Expenses & Financial Disclosure (Form No. DR 7.3).
(B) Manner of Disclosure
The disclosures referred to in paragraph (A) shall be made by providing copies of documents in one of the following manners:
- Electronic e-mail to the other party’s attorney;
- Facsimile to the other party’s attorney;
- Mail to the other party’s attorney; or
- Hand delivery to the other party’s attorney.
If a party is unrepresented, this disclosure shall be as provided herein to the party.
(C) Extension of Time
For good cause shown, a motion or an agreed entry may be filed to modify the Mandatory Disclosure Order or to extend the time to disclose the foregoing information and documents.
(D) Failure to Comply with Disclosure Order
Failure to comply with the Mandatory Disclosure Order may result in sanctions, including, but not limited to, the following:
- A finding of contempt;
- Award of attorney fees;
- Dismissal of claims; and
- Restrictions upon the submission of evidence.
1.27 Interpretive Services - Revised Rule, Amended 3-28-2011
When interpretive services are needed, the attorney or party requesting an interpreter shall complete Form DR 1.7 (Request for Interpreter) and submit it to Deanna Rohe Rm. 2-34 or Fax - (513) 946-9070 no later than ten days before the scheduled hearing. The Court will arrange for an appropriate interpreter to be present for the hearing.
1.28 Special Projects' Fee - Revised 03/25/2015
This Court has determined that, for the efficient operation of the Court, additional funds are necessary to acquire and pay for special projects of the Court.
Pursuant to ORC 2303.201(E)(1), a special project fee shall be collected by the Clerk of Courts upon the initial filing of a Divorce, Legal Separation, Annulment or Dissolution, and for post decree motions.
Beginning June 1, 2014, the fee assessed upon referral to the Court’s Early Neutral Evaluation program will be processed as a Special Project Fee.
Beginning March 25, 2015, the fee assessed upon referral to the Court’s Post-Decree Mediation program will be processed as a Special Project Fee.
Beginning April 18, 2016, the fee assessed upon referral to the Court's in-person Mandatory Parenting Education Class "Parenting Through Transitions" will be processed as a Special Project Fee.
All moneys collected by the Clerk of Courts under this rule shall be paid to the Hamilton County Treasurer, to be disbursed upon order of this Court.
1.29 protection of personal and private information
(1) “Personal and private” information defined.
The following information is deemed “personal and private” and shall not be included in any unsealed document filed with this Court:
(a) Social security numbers, except for the last four digits; (Social Security Numbers must still be provided on the Court documents that are not filed with the Clerk of Court (IV-D Application (ODHS 7076), Support Account Data Form (CDR 4905), and Questionnaire (DR 1.1))
(b)Financial account numbers, including but not limited to bank account numbers and credit and debit card numbers except as identified by the last four digits (ABC Platinum Visa, account no. xxxxx2670 or ABC Platinum Visa, account no. ending in 2670)
(c) Employer and employee identification numbers
(d) A minor’s name, except for the minor’s initials, DOB, and age; and
(e) Any other information deemed personal and private by any federal or state constitution, statute, regulation, executive order, or court ruling (e.g.,privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”), Internal Revenue Service (“IRS”) income tax filings, etc.).
(2) Parties’ and counsel’s responsibilities regarding personal and private information.
It is the responsibility of the filing party and counsel to remove personal and private information from any document they file with the Clerk, or redacting the information in accordance with the procedure described in subsection (4). This responsibility extends to and includes any exhibits or addenda attached to filings such as bank statements, tax returns, or medical records. The Clerk of Court is not responsible for the removal of any personal and private information contained in a document filed with the Clerk.
(3) Correction of improperly filed personal and private information.
If personal and private information is improperly included in a filing, the filing party may be ordered to replace the filed document with a redacted but otherwise identical document, together with a Personal Identifier Form, in compliance with this Rule. The Court may order this sua sponte, or upon motion from either the filing party or the party whose personal and private information was improperly disclosed. The proposed replacement document shall be attached to the motion. If the Court orders the filing of a replacement document, then the clerk will file-stamp the replacement document, replace the originally filed document with the replacement document, and remove the originally filed document from the docket.
(4) Personal identifier form.
A party may, without leave of Court or by order of the Court, file under seal a Personal Identifier Form, that consists of a table or key that will allow the Court to identify the referenced personal and private information. The Personal Identifier Form may be filed electronically or in person.