Local Rule 39

 

EX PARTE ORDERS – DOMESTIC MATTERS

 

 

In addition to and supplementary to Rule 75(I)(2) of the Ohio Rules of Civil Procedure, the following Rule shall apply to all domestic relations cases on the docket of the Common Pleas Court of Crawford County, Ohio.

 

Ex Parte orders are discouraged but there are certain circumstances when such an order is necessary.  All applications for an ex parte order relating to the wrongful disposition/encumbrance of property, the allocation of parental rights and/or for sole and exclusive use of the marital residence shall contain the following:

 

A.   The basis for the claimed exigent circumstances which requires the issuance of an ex parte order.  The factual basis of said exigent circumstances shall be supported by an affidavit sworn to by the moving party;

 

B.   A statement by counsel as to the efforts made to contact either opposing counsel or, if unrepresented, the opposing party or, in the alternative, the reason why opposing counsel or the unrepresented party should not be given notice;

 

C.   An executed “Certification of Counsel (Pursuant to Prof. Cond. Rule 3.3),” in substantially the form identified as Appendix to this Local Court Rule.

 

D.  All ex parte orders shall advise the opposing party of the right to request a hearing and shall contain the following language in bold print:

 

“The Court has made this order solely upon the evidence provided by ______________________________.  You may request a hearing on this matter.  You have the right to counsel and should have counsel present with you at any hearing.  This is a temporary order and the Court will review all the evidence of the parties at any requested hearing.”

 

Upon the filing of a request for hearing by the non-moving party, the Court shall schedule a hearing on the merits of the ex parte order within ten (10) days.

 

Further, if later in the proceedings, it is determined that said moving party’s statements by affidavit were untrue, so as to mislead the Court, said moving party shall be subject to sanctions, including but not limited to dismissal of their action, an award of attorney fees to the non-moving party and costs.

 

 

(Adopted November 3, 1994)

(Revised December 31, 2008)