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)