Local Rule 1.4

DOMESTIC RELATIONS CASE FLOW MANAGEMENT PROCEDURE

1.4 (A) Purpose.

In compliance with the Rules of Superintendence for Courts of Common Pleas and for the purpose of maintaining and improving the timely disposition of domestic relations cases, the following case‑flow management procedure is being adopted. It is not intended that this rule supersede any present rule, but only that it spell out the duties and responsibilities of counsel and the case management procedure.

1.4 (B) Active Cases.

All active cases shall be indexed by case number on the court's docket. Each case shall include the Social Security number of both parties in the style of the case. Each active case shall also be periodically reviewed. The periodic review shall include review of deadline dates established by time limitations taken from the court's rules for proof or failure of service, pretrial hearings, motion responses, hearing dates, objections to magistrate’s decisions, preparation of entries, filing of entries, and case inactivity.

1.4 (C) Complaints.

After the complaint is filed, service of summons shall be checked in thirty days. If service is complete and no answer has been filed, the case shall be assigned before the magistrate for an uncontested action.

If service is incomplete, notice shall be served on plaintiff's counsel directing that unless service is obtained, the case will be dismissed. If after fourteen days no effort has been made to obtain service, the case shall be dismissed.

Counsel of record shall be notified of any complaint that has been dormant for three months. If, after notification to counsel of record, the case file reflects nothing has been done or no pending court date has been set, the case may be dismissed by the court without prejudice.

1.4 (D) Temporary Orders.

Along with the complaint for divorce and/or answer filed, the parties shall submit the general information, financial affidavits and child support guidelines worksheets. In all cases in which temporary orders are being requested the court form “Proposal for Temporary Orders” shall also be filed, which will then be considered in drafting the temporary orders, covering temporary custody, child support and/or spousal support. Collateral matters which the parties wish for the court to consider in the temporary orders (i.e. exclusive use of marital home, other property, autos, bank accounts, etc.) must be specifically requested in that party’s proposal with sufficient reasons to enable the court to properly draft equitable temporary orders. If fourteen days have elapsed from the filing of an affidavit and no response has been filed, the party requesting the temporary order shall file a Notice to the Clerk, and the court shall enter an order based upon the affidavits filed.

Temporary orders shall be determined based upon the affidavits filed by the parties. Either party may object to the temporary orders, once filed, and may request an oral hearing before the magistrate. Motions for hearing on temporary orders made more than 14 days after the filing of the temporary orders must be based upon a change of circumstances relating to facts contained within the initial affidavits which facts were not reasonably known to the parties at the time the affidavits were filed. All motions for hearing on temporary orders must contain sufficient details as to the basis for the request for hearing such that the court and the other counsel may properly prepare for the actual hearing.

1.4 (E) Pre‑Trial Conference.

After an answer is filed, the case will be assigned for a pretrial before the magistrate. Each case that is reported as settled will be given an uncontested hearing date, and each case that is not settled will be given a final trial date.

1.4 (F) Dissolutions.

Counsel of record or the parties shall be notified of any inactivity after sixty days from the filing of the petition. Unless for good cause shown, the matter will be set for final hearing or dismissed within thirty days.

1.4 (G) Post‑Decree Motions.

Post‑decree motions shall be brought to the assignment commissioner for the magistrate before filing to be assigned a hearing date.

1.4 (H) Continuances.

Continuances shall not be granted orally and must be in writing. A request for continuance, before it is granted, shall contain the new date for hearing, the reason for the request, whether or not opposing counsel consents, and must be approved by the magistrate before being submitted to the judge.

1.4 (I) Magistrate’s Decision.

After a hearing, a decision shall be approved by the magistrate before being submitted to the court with the judgment entry. If any party makes a request for findings of fact and conclusions of law or findings and conclusions are otherwise required by law, the magistrate’s decision shall include findings of fact and conclusions of law. Counsel and/or party has fourteen (14) days in which to object to the decision. Upon objections being filed, the judgment shall be automatically stayed. The report shall be reviewed by the judge, and if no changes are necessary, an entry shall be issued stating that the decision is approved as written. If changes are necessary, an amended entry shall be issued.

1.4 (J) Judgment Entries.

1. In actions where the parties have resolved the matter by agreement prior to magistrate hearing, the parties shall reduce their agreement to writing and shall submit their written MEMO entry to the court. A formal entry shall be submitted and signed by the parties within fifteen (15) days after the memo entry for the judge and magistrate to sign. Failure to comply with this rule will result in a fourteen (14) day notice to dismiss. Upon no response within the additional fourteen (14) days, the court will dismiss the motion.

2. Orders for child support shall be stated in terms of a monthly amount payable weekly, bi‑weekly, semi‑monthly, or whenever the payor is paid. The entry shall also require one or both of the parties to maintain health insurance for the children and the amount for extraordinary medical, dental, optical, etc., shall be included. The entry shall also provide for the child support, and/or spousal support to be paid through the Ohio Child Support Payment Central with the appropriate processing fees included by wage withholding.

1.4 (K) Copies.

Counsel shall prepare for use by the child support enforcement agency one copy of each judgment entry filed with the clerk; and in cases involving minor children twelve years of age or under, one copy of any motion and/or order filed with the clerk shall be provided for the domestic relations investigator.

(Effective June 14, 2002)