Lynn Vance
Court Administrator
Email

Tiffany Beckman
Judge

115 North Williams Street
Suite 201
Paulding, Ohio 45879

Local Rules

Effective April 1, 2025

RULE 19.01 – REQUIRED FORMS
RULE 19.02 – COURT SCHEDULES
RULE 19.03 – FAMILY FILE
RULE 19.04 – TEMPORARY RESTRAINING ORDERS and EX PARTE ORDERS
RULE 19.05 – PRE-TRIAL AND HEARING RULES
RULE 19.06 – SELF-REPRESENTED LITIGANTS
RULE 19.07 – MAGISTRATES
RULE 19.08 – ASSISTING OUR KIDS PROGRAM
RULE 19.09 – ORDERS FOR CHILD SUPPORT
RULE 19.10 – GUARDIAN AD LITEM
RULE 19.11 – DIVISION OF PENSIONS OR OTHER RETIREMENT PLANS
RULE 19.12 – MEDIATION
RULE 19.13 – COURT INVESTIGATIONS
RULE 19.14 – PARENTING COORDINATION

RULE 1 – SCOPE AND PURPOSE OF RULES

1. The rules hereinafter set forth shall apply to the general division of the Court of Common Pleas of Paulding County, Ohio. The purpose of these rules is to define local practices and procedure of this Court, consistent with the Rules of Superintendence, the Rule of Civil and Criminal Procedure, and such other rules as may be adopted or promulgated by the Supreme Court of Ohio pursuant to Section 5 of Article IV of the Ohio Constitution. Additional local rules of Court may be adopted by the Domestic Relations, Probate and Juvenile Division, and such other Divisions of the Court as may be created from time to time, governing practice and procedure in those divisions.
2. Failure to comply with these Rules may result in appropriate sanctions, including but not limited to, an award of attorney fees, costs, and dismissal of the action or granting of judgment.

RULE 2 – TERM OF COURT

1. The Court shall be in continuous operation for the transaction of judicial business.
2. There shall be one term of court, commencing on January 1st of each calendar year. The term shall be divided into three sessions; these sessions shall commence on January 1st, May 1st and September 1st, respectively.

RULE 3 – HOURS OF SESSION

1. The Court shall be open for business from 8:00 A.M. and close at 12:00 P.M. and shall resume at 1:00 P.M. and close at 4:30 P.M. on Monday through Friday each week, except on those days designated as legal holidays by the Paulding County Commissioners and/or days closed by Court Order.

RULE 4 – SECURITY FOR COSTS

1. No motion to proceed In Forma Pauperis shall be granted by the Court unless there is attached thereto a statement by the attorney for the party executing such affidavit that he or she has not accepted and will not accept any attorney’s fees in said cause until the costs are paid or secured to be paid.
2. Unless a motion to proceed In Forma Pauperis is filed and accepted by the Court or the Court waives deposit for costs, any document, pleading, motion, request, objection, petition or complaint filed without payment of the court cost deposit to the Clerk may be summarily stricken by the Court.
3. If a check or other negotiable instrument for deposit for costs is dishonored for any reason, the filing may be dismissed by the Court after ten (10) days’ notice is given to the filer for failure to pay the required security for costs.
4. If at any time the deposit for costs becomes insufficient in any case, the Clerk may require of the appropriate parties an additional deposit in an amount sufficient to secure the reasonably anticipated costs.
5. When a final Judgment Entry orders payment of costs by a party who has a deposit with the Clerk, the costs shall be deducted from that party’s deposit, if sufficient, and any balance shall be returned to the depositor. If, however, the deposit is insufficient or that party has no deposit, then the amount still due shall be deducted from any deposit held in the case. If there is a failure to pay within sixty (60) days from the Clerk’s costs statement by the party so ordered, the Clerk shall deduct the costs from any deposit held in their case. The Clerk shall bill the party ordered to pay costs for any deficiency. Upon payment, the Clerk shall refund the deposits to the appropriate party.
6. If notice of voluntary dismissal is filed by a plaintiff or an appellant, the dismissal shall be at the cost of the dismissing party, unless otherwise ordered.
7. When the final Judgment Entry does not specify who is to pay costs, the Clerk shall deduct the costs equally from any deposits held and refund the remainder. If the deposits are insufficient to satisfy the Court costs, the Clerk shall then assess the excess costs to the parties equally unless otherwise ordered.
8. The Clerk shall keep a list of all unpaid or accrued costs in all proceedings where costs have been taxed and send statements to all persons against whom costs have been taxed, in all proceedings that have become final, at least every three (3) months. After two (2) such notices, if the costs have not been paid, the Clerk may issue a certificate of judgment for the amount of such costs without further order.
9. The commission charged by the Clerk of Courts pursuant to ORC Sec. 2303.20(V) shall be paid by the party paying or depositing money with the Clerk unless otherwise ordered by the Court.
10. Arrangements for the payment of the costs of transcripts shall be made with the Court Reporter at the time the transcript is ordered.
11. No filings to re-open a case will be accepted unless all prior costs or fees have been paid by the party requesting to re-open the case, in addition to the deposit. A party may make a request to the Court for permission otherwise to this rule.

RULE 5 – SERVICE BY PUBLICATION

1. In an action where service is to be made by publication as authorized by Civil Rule 4.4, the attorney or party filing the necessary affidavit shall, at the same time, furnish to the Clerk of Courts the form of notice of publication which is to be published in a newspaper of general circulation in Paulding County, Ohio, and shall contain the information as prescribed in Civil Rule 4.4.
2. Counsel or parties requesting publication shall pay for the costs of publication directly through the Clerk of Courts. Upon filing a request for service of publication, the Clerk will notify counsel or parties requesting publication of the publication costs. Publication will not proceed until costs are paid in advance of said publication.
3. In proceedings in foreclosure, the Clerk of Courts shall request the publication and proof of service, and notify the publisher who is to pay costs of publication.

RULE 6 – PLEADINGS AND MOTIONS

1. FORM: All pleadings, motions and memoranda filed with the Court shall contain the following information:
1. Name, address, telephone number, and email address of counsel and Attorney Registration Number issued by the Supreme Court of Ohio. If counsel is a firm of attorneys, the attorney having primary responsibility for the case shall indicate as much thereon.
2. All papers filed with the Court shall be on regular size paper (8 ½ x 11), with the exception of depositions and exhibits. All filings shall have a top margin of at least one and one-half inches.
3. The current address of all parties to the action. Counsel shall notify the Clerk in writing of any change of address of any party.
2. Pleadings and motions may be amended as provided in Civ. R. 15, but no pleading or motion shall be amended by interlineation or obliteration except upon leave of Court.
3. Except in Domestic Relations matters:
1. All motions shall be accompanied by a brief statement of the grounds and the authorities relied upon.
2. The opposing counsel or a party may file a response by the fourteenth day after the day on which the motion was filed. The moving party may file a reply brief by the twenty-first day following the day on which such motion was filed. On the twenty-first calendar day after the motion was filed, the motion shall be deemed submitted without oral argument unless requested in writing by counsel.
3. This rule shall apply to all motions including motions for new trial, motions for judgment notwithstanding the verdict, and motions for reconsideration but shall not apply to motions for summary judgment.
4. All memoranda attached to motions, as well as briefs filed in administrative appeals, whether supporting or opposing a motion or brief, shall not exceed thirty (30) pages, exclusive of any supporting exhibits. For good cause shown, the court may grant a party leave to file a memorandum or brief in excess of the page limitation. Application for such leave shall be by motion specifying the number of pages requested and specifying reason extra pages are needed.

RULE 7 – INTERROGATORIES & PRODUCTIONS OF DOCUMENTS

1. Discovery: With respect to discovery, it shall be the policy of this Court to minimize judicial intervention in the discovery process. It is also intended that Interrogatories and Requests shall not be filed with the Court except in those cases where informal, out-of-court attempts at discovery are ineffective and it becomes necessary to file a Motion to Compel Discovery under the provisions of Rule 37(A), Ohio Rules of Civil Procedure.
1. Consultation Among Counsel: No objections, interrogatories, motions, applications or requests related to discovery shall be filed under provision of Civil Rules 27 to 37 in the Court unless counsel have exhausted all extrajudicial means for the resolution of differences.
2. Motion to Compel Discovery: To the extent that extrajudicial means have not disposed of the matter, the party seeking discovery may then proceed with the filing of a Motion to Compel Discovery under Civil Rule 37. The motion shall be accompanied by a supporting memorandum which will state the movants legal basis which would warrant an Order Compelling Discovery. The memorandum filed should be concise, addressing itself only to those relevant issues and shall be accompanied by the following:
1. An affidavit of counsel setting forth what extrajudicial means have been attempted to resolve the differences; and
2. A copy of the Interrogatories, and/or Requests for Production of Documents, etc. which have previously been served pursuant to Ohio Rules of Civil Procedure. No interrogatories, or requests shall be filed in the Court except in connection with a Motion to Compel Discovery.
3. Motions to Compel Discovery will properly come before the Court for hearing only upon counsel providing the specific discovery issue in dispute. Any Motions to Compel Discovery failing to provide specificity will be overruled without hearing.
3. Objection to Discovery Motion: Objections to any motions relating to discovery filed pursuant to Civil Rule 37 shall be filed within the time specified, or if no time is specified, within the time specified in Civil Rule 33. In all other respects, a Motion to Compel Discovery will be treated as any other motion under these rules.

RULE 8 – CERTIFICATE OF SERVICE

1. Every pleading, motion, brief, memorandum or argument in writing filed with the Court and Judge shall be served upon all opposing counsel or upon all parties not represented by counsel who are not in default.
2. Proof of service: At the time of filing a motion, brief, memorandum or argument, a party shall serve upon the opposing party a copy of the papers filed, and file proof of such service with the clerk.
3. The Clerk shall not accept for filing any document that must be served upon counsel or parties which does not designate their names and addresses.
4. All service shall be issued in accordance with Ohio Rules of Civil Procedure. Any request for priority or overnight mail shall be accompanied by appropriate an adequate postage.
5. If a precipe is not included with a new case filing then the Clerk of Courts shall proceed with service by certified mail. The Clerk shall not attempt service on “unknown party” at an “unknown address,” even if presented with a precipe.

RULE 9 – DEPOSITIONS

1. General
1. Rules relating to Depositions shall be governed by Civil Rules 26, 27, 28, 29, 30, 31, 32, 37 and 45(D)
2. A deposition filed with the Clerk of Courts shall not be withdrawn except by leave of Court.
2. Deposition Conduct
   1. Rules relating to Depositions shall be governed by Civil Rules 26, 27, 28, 29, 30, 31, 32, 37 and 45(D)
   2. Witnesses, parties and counsel shall conduct themselves at depositions in a temperate, dignified and responsible manner.
   3. Objections shall b
      1. Those which would be waived if not made pursuant to Ohio R.Civ.P.32(D),
         Those necessary e limited to:
      2. to enforce a limitation on evidence directed by the Court,
      3. Those necessary to present a motion under Ohio R.Civ.P.30(D), or
      4. Those necessary to preserve a proper evidentiary objection should the deposition be used as evidence or for impeachment, or
      5. Those necessary to assert that the questioning is repetitive, harassing or badgering. No other objections shall be raised during the course of the deposition.
   4. Speaking Objections. Counsel may interpose an objection by stating “objection” and the legal grounds for the objection. Speaking objections which refer to the facts of the case or suggest an answer to the deponent are improper and shall not be made in the presence of the deponent. Counsel shall not argue the reasons for the objection on the record.
   5. Instructions Not to Answer. Counsel may instruct a deponent not to answer a question only when necessary to preserve a privilege, enforce a limitation on evidence directed by a court, present a motion under Ohio R.Civ.P. 30(D), or terminate repetitive, harassing or badgering questioning. In the event privilege is claimed, examining counsel may make appropriate inquiry about the basis for asserting the privilege.
   6. Documents. During the deposition, examining counsel shall provide opposing counsel and counsel for the deponent with copies of all documents shown to the deponent.
   7. Where a witness, party or counsel violates any of these rules at a deposition, the Court may order sanctions or other remedies, including those sanctions available under Civ.R.26 or 37, as well as attorney’s fees.
   8. The Court recognizes the Ohio Supreme Court’s Commission on Professionalism has issued its publication “Deposition Do’s and Don’ts.” This Court anticipates all attorneys practicing before the court to adhere to the best practices contained in this document incorporated therein.

RULE 10 – BROADCASTING & PHOTOGRAPHING COURT PROCEEDINGS

1. Court Proceeding
1. The broadcasting and photographing of court proceedings shall be in accordance with Rule 12 of the Rules of Superintendence for the Courts of Ohio. Requests for permission to broadcast, televise, photograph or otherwise record Court proceedings that are open to the public as provided by Ohio law, shall be made in writing for the judge presiding over the proceeding. The written application and order of the judge granting or denying such application shall be made part of the record of the proceeding.
2. Requests shall be made in writing and submitted to the Court Administrator as far in advance as possible, but not less than one court date prior to the courtroom session to be recorded. The judge may waive advance notice for good cause.
3. The written application shall include the following:
1. The case name;
2. The case number;
3. The type of coverage desired;
4. The type of equipment being used;
5. Names of all operating personnel.
4. Only representatives of federally licensed broadcast or cable media outlets (licensed by the Federal Communications Commission) or a member of the Associated Press, Reuters, or otherwise nationally recognized news/wire service or local print or internet media business entities who regularly report on cases occurring in the Paulding County Courthouse (collectively “Authorized Media Representatives”) shall be permitted to submit a media application.
After consultation with the media, the judge shall specify the place or places in the courtroom where the operators and equipment are to be positioned.
5. Permissible Equipment and Operators
1. Use of more than one portable television, videotape or movie camera with one operator shall be allowed only with permission of the judge.
2. Not more than one still photographer shall be permitted to photograph Court proceedings without permission of the judge. Still photographers shall be limited to two cameras with two lenses for each camera.
3. The judge shall prohibit the use of electronic or photographic equipment that produces distracting sound or light.
6. Limitations
1. There shall be no audio pickup or broadcast of conferences conducted in a court facility between attorneys and clients or co-counsel or of conferences conducted at the bench between counsel and the judge.
2. The judge shall inform victims and witnesses of their right to object to being filmed, videotaped, recorded, or photographed.
3. Unless permitted by the judge, there shall be no filming, videotaping, recording, photographing of jurors or prospective jurors.
4. Except when expressly permitted by a Paulding County Judge or Magistrate under this Rule, no one is permitted to transmit or record anything other than court proceedings from the courtroom while the court is in session.
7. Revocation of Permission: Upon the failure of any media representative to comply with the conditions prescribed by this rule or the judge, the judge may revoke the permission to broadcast or photograph the court proceedings.

RULE 11 – RULE DAYS AND EXTENSIONS

1. Rule Days: In all cases where the time for the filing and service of a notice or pleading is not otherwise fixed by law, applicable rule, or court order, a response to a pleading, motion, amended pleading, or other paper shall be filed and served on or before the twenty-first (21st) day after the date of service of the pleading, motion or other paper, requiring the response. Any reply to said response shall be filed and serviced on or before the fourteenth (14th) day after the date of service of the response.
2. Extensions: Extensions of time to move or plead shall be granted for good cause shown upon motion and possible hearing, with notice to opposing counsel.

RULE 12 – OFFICIAL NOTIFICATION OF COUNSEL

1. The Court shall send written notice of all hearing dates to counsel and unrepresented parties by ordinary mail. Notice to counsel and unrepresented parties shall be at the address on pleadings or the mailbox in the Clerk of Courts office. It shall be counsel’s responsibility to notify their client of all hearing dates.
2. When a party is dismissed, withdraws or a substitution of counsel is ordered, said party and/or counsel shall be shown as dismissed on the Clerk’s computerized records.

RULE 13 – PRE-TRIAL PROCEDURE

1. Pre-Trials:
   All cases triable to a jury, and all other cases at the request of counsel, or in the discretion of the Court, shall be regularly assigned for pre-trial conference in accordance with the provisions of Rule 16 of the Ohio Rules of Civil Procedure.
   
   Pre-trial or status conferences may be held in person, by telephone, or by zoom, at the election of the Court. If the Court permits counsel to appear by telephone, counsel shall provide the Court with a direct phone number to reach counsel, at least three days prior to the pre-trial or status conference. Failure to provide a direct number within the time frame indicated may result in counsel being required to appear in person for the pre-trial or status conference, at the election of the Court.
   
   Counsel who are to try the case will be physically present at the final pre-trial conference, with authority to discuss all phases of the case, with authority to negotiate toward settlement of the case, enter into stipulations, and conduct good faith negotiations. Counsel must be prepared to certify that they have conferred with each other prior to the pre-trial conference.
   
   If, after notice, counsel for any party fails to appear at the pre-trial conference, the Court may dispose of the case as though counsel had failed to appear for trial.
2. Pre-Trial Statement:
   At the Court’s discretion, counsel may be required to file within five (5) days of a final pre-trial a “Pre-trial Statement” containing the following required data:
   1. The counsel who will be trial counsel and who is fully authorized to act and negotiate on behalf of the party.
   2. A statement of the issues involved and a statement in writing of all questions of law which it is expected will be involved in the case.
   3. All exhibits which are to be offered in evidence at the trial; an itemization of all special damages claimed; the names of all witnesses, both expert and non-expert, expected to be called at the trial; whether or not a view will be requested; whether or not a jury trial if previously demanded, will not be waived, and if not, the number of jurors demanded, and whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages if liability be found.

RULE 14 – TRIAL BRIEFS

1. In cases assigned for trial, counsel may, within their discretion, or upon the request of the Court, file trial briefs, outlining questions of law involved in the case. All trial briefs submitted to the Court shall be filed with the Clerk and shall be furnished to opposing counsel

RULE 15 – DEFAULT JUDGMENTS AND RELIEF FROM JUDGMENT

1. Default judgments shall be granted in accordance with Civ. R. 55. All motions for default judgment shall be accompanied by a proposed judgment entry.
   
   No motion for relief from judgment pursuant to Civ. R. 60(B) shall be granted by the Court unless the movant has demonstrated to the satisfaction of the Court by operative facts of evidentiary quality that (A) the movant has meritorious defense or claim to present if relief is granted; (B) the movant is entitled to relief under one of the grounds stated in Civ. R. 60(B)(1) through (5); and (C) the motion is made within a reasonable time in accordance with the rule.

RULE 16 – ENTRIES

1. The Court shall transmit, or direct the Clerk of Courts to transmit, copies of Journal or Judgment Entries or other Orders to all counsel and unrepresented parties if so ordered.
2. Copies of a Judgment Entry, or an Order prepared by counsel, shall be in sufficient quantity so the Clerk of Courts may distribute one (1) to trial counsel and unrepresented parties. One extra copy shall be provided to the Clerk in all domestic relations cases involving the payment of child support or spousal support.
1. All Judgment Entries incorporating a separation and property settlement agreement or shared parenting plan shall have attached thereto a copy of the separation and property settlement agreement or shared parenting plan.
2. Judgment entries and orders of dismissal prepared by counsel shall be approved by all counsel of record, and submitted to the Court within twenty-eight (28) days after notice to the Court of settlement or as otherwise agreed by the Court.
3. Failure to submit the appropriate Judgment Entry or Order by counsel may result in the Court preparing and filing a dismissal or taking other appropriate action
4. If counsel to whom the Judgment Entry or Order has been sent does not object, then he/she shall sign the entry and return it to the preparing counsel. If counsel does not agree with the submitted entry or order, he/she shall prepare an entry with proposed modifications and submit it to preparing counsel.
5. If no response is made to original preparing counsel within twenty-one (21) days, preparing counsel shall submit the Judgment Entry or Order along with the submitting letter to the Court with the following certification:
   
   I HEREBY CERTIFY THAT THE FOREGOING ENTRY OR ORDER WAS (MAILED, DELIVERED, OR FAXED) TO ______________________, COUNSEL FOR PLAINTIFF/DEFENDANT, ON THE ______ DAY OF ___________, 20____ AND HAS NOT BEEN RETURNED, REVISED NOR OBJECTED TO.
6. If counsel cannot agree on a Judgment Entry or Order within twenty-eight (28) days of the original submission, then copies of both the original and the response order or entry drafts shall be submitted to the Court. The Court may adopt either entry, make its own entry, or set a date for a hearing on the proposed entries.
3. The Court shall include the vehicle identification number (VIN), year, make and model in every Order directing the issuance of title to a motor vehicle. With regard to four wheelers or all-terrain vehicles, a description of the vehicle must be contained in all Orders.
4. Judgment Entries in all actions involving title to real property shall include a legal description of the property in question as well as a copy of the last recorded deed as an attachment to any entry or order. Said legal description shall be certified by the appropriate county official as being accurate.
5. On final Judgment Entries or any Order that concludes a case, counsel shall include a paragraph that directs the Clerk of Court to serve copies of the entries or orders, as follows:
   
   CLERK OF THIS COURT SHALL FORWARD A COPY OF THIS JUDGMENT ENTRY TO COUNSEL FOR PLAINTIFF, PLAINTIFF, COUNSEL FOR DEFENDANT AND DEFENDANT BY REGULAR MAIL SERVICE AND THE SERVICE OF EACH SHALL BE NOTED IN THE CASE DOCKET.
6. All final appealable orders will be delivered to counsel, unrepresented parties and represented parties by the Clerk by regular U.S. mail within three (3) business days of journalization.

RULE 17 – JURY QUESTIONNAIRE

1. To reduce the time required for voir dire, returned jury questionnaires will be available to counsel of record or self-represented litigants prior to the day of jury selection. Counsel or self-represented litigants shall limit the inquiry of jurors as to matters satisfactorily and completely answered in the questionnaires.
2. The trial court may give the jurors preliminary instructions before the voir dire examination.
3. The trial court shall conduct a preliminary voir dire examination and then counsel shall be permitted to question the panel for a reasonable period of time set by the Court. To ensure that the privacy of prospective jurors is reasonably protected, voir dire regarding personal or sensitive matters may be conducted in camera.
4. Counsel may not copy the juror questionnaires furnished them, and must return the jury questionnaires to the Court promptly after voir dire.

RULE 18 – MILITARY AFFIDAVIT

1. In any civil or domestic relations action commenced in this Court, the Court, upon proper notice of a party in a proceeding being a member of the military service, shall abide by all provisions contained in the Servicemembers Civil Relief Act (SCRA), as set forth in 50 U.S.C. Sections 501-697.

RULE 19 – DOMESTIC RELATIONS

RULE 19.01

Required Forms

1. The Clerk of Courts shall refuse to accept for filing any Complaint, Counterclaim, Cross-Claim for Divorce, Annulment or Legal Separation or Petition for Dissolution of Marriage not accompanied by the following completed forms:
1. Uniform Domestic Relations Form Affidavit 1 – Affidavit of Basic Information, Income and Expense
2. Uniform Domestic Relations Form Affidavit 2 – Affidavit of Property and Debt
2. In cases with minor children, the Clerk of Courts shall refuse to accept for filing any Complaint, Counterclaim, Cross-Claim for Divorce, Annulment or Legal Separation, Petition for Dissolution of Marriage, or any post-divorce motion involving the allocation of parental rights for minor children, accompanied by the following completed forms:
1. Uniform Domestic Relations Form Affidavit 3 – Affidavit of Basic Information, Income and Expense
2. Uniform Domestic Relations Form Affidavit 4 – Affidavit of Property and Debt
3. The responding party shall file a Uniform Domestic Relations Form Affidavit 1 – Affidavit of Basic Information, Income and Expense, and Uniform Domestic Relations Form Affidavit 2 – Affidavit of Property and Debt, with his or her answer, response, objections to ex parte orders, counterclaims or counter-motions. These forms shall be updated prior to any further pre-trial, final hearing or trial, when necessary to correct or complete any information previously provided. Failure to provide or update the information may result in the Court’s acceptance of the party’s information provided as filed, as well as other available sanctions for failure to provide discovery. The Court may modify these time limitations for good cause shown.
1. Uniform Domestic Relations Form Affidavit 1 – Affidavit of Basic Information, Income and Expense
2. Uniform Domestic Relations Form Affidavit 2 – Affidavit of Property and Debt
4. Failure of either party to correctly and fully complete any schedule may result in dismissal of the pleadings.

RULE 19.02

1. Included within these Rules are Schedule A ("Standard Rules for Parenting Time"), Schedule B ("Maintenance of Insurance and Payment of Extraordinary Expenses for Minor Children"), Schedule C (Provision of Health Insurance for Minor Children") and Schedule D ("Application for Child Support Services").
2. Understanding that each family is best served by developing its own parenting plan, parties are encouraged to create their own parenting plans in accordance with the factors set out in ORC §3109.04. If the parties are unable to create their own parenting plans, the Court will consider those factors in creating a parenting plan for the family. Nevertheless, unless orders are issued to the contrary, Schedule A shall be deemed the minimum parenting time schedule in any case in which a schedule is not otherwise specified.
3. Included within these Rules are Schedule A ("Standard Rules for Parenting Time), Schedule B ("Maintenance of Insurance and Payment of Extraordinary Expenses for Minor Children"), Schedule C (Provision of Health Insurance for Minor Children") and Schedule D ("Application for Child Support Services").
4. In any case in which there are minor children, orders shall issue regarding the parties' responsibility to provide health insurance for the child(ren) and for payment of those health related expenses for the children not paid by insurance coverage. Schedule B sets out the standard Court order for insurance and payment of expenses and will be adopted by the Court unless a different order is submitted by the parties and approved by the Court. Schedule C sets out requirements for provision of health insurance and shall be completed and attached to an order or judgment entry filed in every case in which there are minor children or, in the alternative, appropriate language as set out within Schedule C may be incorporated in the order or judgment entry.
5. At such time as a child support order is issued by the Court, Schedule D shall be Completed with the original forwarded by the Clerk of Courts to the Child Support Enforcement Agency and a copy filed within the family file.
6. Solely for the purpose of calculating child support under the Ohio child support guideline, the adoption of Schedule A ("Standard Rules for Parenting Time") shall meet the ninety (90) day overnight requirement for deviation as required by statute.

RULE 19.03

1. Documents filed in any case containing sensitive personal information shall be kept in a separate family file to be maintained by the Clerk of Courts in such manner and in such location as the Clerk deems appropriate.
2. The family file shall contain the following items:
   1. he parties' DR-1, DR-2 and DR-3 affidavits and attachments thereto;
   2. Tax returns;
   3. Reports of psychological or custody evaluations;
   4. Medical reports;
   5. Reports of supervised parenting time or supervised parenting time exchanges;
   6. Reports of a home study evaluator or Guardian ad Litem;
   7. Reports of medical or drug testing;
   8. Copy of Application for Child Support Services (IV-D);
   9. Letters to the Court from the parties, the child(ren) and/or other individuals;
   10. Other items as directed by the Court.
3. Upon motion of any party or upon the Court's own motion, other documents containing sensitive personal information may be ordered to be kept in the family file. If there are documents which are to be filed in the "public file" containing social security numbers or any other individual identifying information, the same shall be redacted on those documents in the "public file."

RULE 19.04

TEMPORARY RESTRAINING ORDERS and EX PARTE ORDERS

1. Upon commencement of an action for divorce, annulment, or legal separation, the Court shall issue a preliminary injunction enjoining both parties from engaging in certain actions as delineated in Court Order No. 1 (Preliminary Injunctions – Appendix 1).
2. Applications for ex parte orders relating to the allocation of parental rights, child support, spousal support, or for the sole and exclusive use of the marital residence shall contain the following information:
   1. 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 requesting party;
   2. 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.
3. Upon a filing for a request for hearing by the enjoined party, the court shall schedule a hearing on the merits within twenty-eight day (28) days to consider modifying the initial temporary order. No hearing will be delayed absent extraordinary circumstances.

RULE 19.05

CASE MANAGEMENT

PRE-TRIAL AND HEARING RULES

Mandatory Disclosure:

1. Within ninety (90) days of the filing of an answer or counterclaim, each party to a pending divorce or legal separation must disclose to the opposing party the following information and documents:
   1. All pension, retirement and/or profit-sharing plans including copies of the most recent plan summary and statement;
   2. All available COBRA benefits;
   3. Copies of all real estate deeds and vehicle titles and registrations;
   4. All appraisals of real estate or personal property in which the party holds an interest;
   5. Copies of individual income tax returns for the last three (3) years;
   6. Documentary proof of current income from all sources;
   7. Copies of the most recent statements for all bank accounts, IRAs, stock accounts, mortgages, credit accounts, and all other debt; and
   8. Verification of the cost of medical insurance policy that covers the minor children.
2. Before a party may serve any discovery motion, counsel must confer in good faith with opposing counsel to determine if informal discussion may resolve the discovery issue before filing said motion.
3. Failure to comply with this Rule may result in sanctions, including but not limited to a contempt citation, possible dismissal of claims, or restrictions on the submission of evidence.

Exhibits:

1. Plaintiff's exhibits shall be marked with numbers. Defendant's exhibits shall be marked with letters.
2. Unless otherwise ordered, each party shall file an exhibit and witness list seven (7) days prior to trial.
3. An attorney or self-represented party must serve a copy of the exhibits on the opposing party. Each party must bring to the final hearing a total of three (3) sets of their exhibits.
4. Any party who intends to offer a photograph, text message, document, or other electronically stored information as evidence must provide the Court and the opposing party a paper copy of that exhibit.
5. Any party who intends to submit a video as evidence must provide the Court and the opposing party the video on a thumb drive in a MPEG or AVI format. While parties may submit multiple videos on the same thumb drive, no other extraneous files may be on the thumb drive.
6. The Court will not accept any exhibits prior to the hearing.

RULE 19.06

SELF-REPRESENTED LITIGANTS

1. All pleadings filed by self-represented litigants shall first be reviewed by the Judge, Magistrate, or his/her designee before being file-stamped by the Clerk.
2. To assist in the prompt and efficient administration of justice, the Court may require self-represented litigants to attend a free pro se clinic (copy costs may apply), if available, before filing any documents with the Clerk of Courts. Please contact the Court's Designee at the following telephone number to make arrangements to attend the Clinic: Court Administrator 419-399-8220 or at: lvance@pauldingcounty-oh.com
3. Self-represented litigants are encouraged to visit the Ohio Supreme Court website at www.supremecourt.ohio.gov for a complete list of available forms to review, download and complete for filing with the court.

RULE 19.07

MAGISTRATES

1. Appointment. Magistrates shall be appointed by the Court and serve as full and/or part-time employees of the Court as provided by Civ.R.53, and any other authority and duties specifically vested in Magistrates by the Ohio Revised Code and consistent with Civ.R.53 and Crim.R.19.
2. Matters Heard. A Magistrate shall hear any trial or hearing which is referred to him or her by the Judge.
3. Trial Procedure. Trials and hearings before the Magistrate will be conducted in accordance with the standards set forth in these rules and the Ohio Rules of Civil Procedure.
4. Magistrate's Order or Decision. A magistrate duly appointed by the Court will issue an order or decision after a trial or hearing in accordance with Civ.R.53. The Magistrate may require that briefs, proposed findings or other memoranda be submitted by counsel prior to the issuance of an order or decision. Specifically, the magistrate may issue orders without judicial approval if deemed necessary to regulate and manage the proceedings. All Magistrate Orders shall be in writing, identified as a Magistrate Order in the caption, shall be signed by the magistrate, filed with the Clerk of Court and served on all parties and counsel of record.
   
   The magistrate will issue a Magistrate's Decision after a dispositional hearing or trial. All Magistrate's Decisions shall be in writing, identified as a Magistrate's Decision in the caption, shall be signed by the magistrate, filed with the Clerk of Court and served on all parties and counsel of record. In addition, a Magistrate's Decision shall contain the following language, unless otherwise waived by the parties in writing:

   NOTICE TO ATTORNEYS AND PARTIES
   

   Ohio Civil Rules of Procedure 53(D)(3) provide in part as follows: A party may file written objections to a Magistrate's Decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that fourteen-day period as permitted by Civ. R. 53(D)(4)(e)(i). If any party timely files objections, any other party may also file objections not later than ten days after the first objections are filed. If a party makes a timely request for findings of fact and conclusions of law, the time for filing objections begins to run when the magistrate files a decision that includes findings of fact and conclusions of law.

   Ohio Civil Rules of Procedure 53(D)(4) provide in part as follows: The court may enter a judgment either during the fourteen days permitted by Civ. R. 53(D)(3)(b)(i) for the filing of objections to a magistrate's decision or after the fourteen days have expired. If the court enters a judgment during the fourteen days permitted by Civ. R. 53(D)(3)(b)(i) for the filing of objections, the timely filing of objections to the magistrate's decision shall operate as an automatic stay of execution of the judgment until the court disposes of those objections and vacates, modifies, or adheres to the judgment previously entered.

   These and all other provisions of Ohio Rules of Civil Procedure 53 must be in compliance or objections will be overruled.

5. Judgment Entries. Following any dispositional hearing presided over by the magistrate, a separate Judgment Entry shall be submitted to the Court, in accordance with Civ.R.54(A) and Civ.R.58(A). All Judgment Entries shall be in writing, identified as a Judgment Entry in the caption, shall be signed by the Judge, filed with the Clerk of Court and served on all parties, counsel of record, and PCSEA if applicable.
   1. On final Judgment Entries or any Order that concludes a case, counsel shall include a paragraph that directs the Clerk of Court to serve copies of the entries or orders, as follows:
      
      THE CLERK OF THIS COURT SHALL FORWARD A COPY OF THIS JUDGMENT ENTRY TO COUNSEL FOR PLAINTIFF, PLAINTIFF, COUNSEL FOR DEFENDANT AND DEFENDANT BY REGULAR MAIL SERVICE AND THE SERVICE OF EACH SHALL BE NOTED IN THE CASE DOCKET.
      
6. Motions To Set Aside A Magistrate's Order And Objections To Magistrate's Decision. A Motion to Set Aside a Magistrate's Order or Objections to the Magistrate's Decision along with memoranda in support thereof shall be timely filed by any party in accordance with Civ.R.53. Memoranda contra objections may be filed by any party within ten (10) days of the filing of the original objection. Requests for findings of fact and conclusions of law will stay the time for the filing of objections.

RULE 19.08

ASSISTING OUR KIDS PROGRAM

1. Attendance. Parties to any action in which the allocation of parental rights and responsibilities for their child(ren) is being considered shall complete the Assisting Our Kids ("A-OK") within seventy-five (75) days after filing a complaint or motion initiating the action, or within such time as established by the Ohio Supreme Court, unless the same is waived by the Court or a court-approved substitute program is completed. At the Court's discretion, the Court may require that the parties provide proof of completion of the program prior to scheduling a final hearing.
2. A-OK Online. The program is available online at www.assistingourkids.com. The cost of the program is $30.00 and is paid when completing the online order form. A Certificate of Completion is available at the end of the program. This certificate must either be printed and presented to the Paulding County Common Pleas Court, or emailed to the Court's Assignment Commissioner at lvance@pauldingcounty-oh.com. Parties must verify completion of the program.
3. Sanctions. Any litigant failing to complete the programming within seventy-five (75) days of the filing of the original pleading, or within such time as established by the Ohio Supreme Court, may be subject to sanctions at the discretion of the Court. In the event that no party to the action completes the session within the prescribed time, the Court may dismiss the case for want of prosecution.

RULE 19.09

ORDERS FOR CHILD SUPPORT

1. All orders for child support shall contain the full names of both parties and shall be forwarded to the Child Support Enforcement Agency by the Clerk of Courts.
2. All orders establishing or modifying a child support order shall contain the following language:
   

   Pursuant to Ohio Revised Code §3119.86, this child support order will remain in effect beyond the age of eighteen (18) as long as the child continuously attends any recognized and accredited high school on a full time basis. Support will continue during seasonal vacations until the order terminates. Nevertheless, no current obligation for support will remain in effect beyond the child's attainment of the age of nineteen (19) subject to the continuing jurisdiction of the Court. In the event the child is not attending an accredited high school, support will terminate upon the child's eighteenth (18) birthday.

3. All orders establishing or modifying a child support order shall contain the following information, as required by Ohio Statute.
   1. The name, date of birth and social security number (last four digits only) of the support obligee;
   2. The name, date of birth and social security number (last four digits only) of the support obligor;
   3. The guideline child support amount;
   4. The overnight parenting time deviation.
   5. Other deviation factors;
   6. Arrearages;
   7. The method to secure support payments;
   8. Duration and termination of support and required notices;
   9. Health insurance coverage, including availability of private health insurance coverage and health insurance obligor;
   10. Cash medical support and payment of children's medical expenses.
4. A copy of the worksheet shall be attached to all orders establishing or modifying a support obligation, including in temporary orders.
5. All Court orders modifying a child support obligation shall be effective the date of filing the motion to modify, unless otherwise agreed to by the parties or otherwise ordered by the Court. In cases in which an administrative modification is adopted by the court, unless otherwise ordered, the effective date shall be as set forth in the administrative determination.
6. All final orders shall state whether any arrears accruing from temporary orders for support shall be carried forward. Failure to specifically reserve the carryover of arrears shall result in those arrears being waived.
7. All orders establishing or modifying a child support obligation shall contain a certificate of service certifying that a file-stamped copy of the judgment entry has been provided to the county Child Support Enforcement Agency.
8. An interactive child support calculator is available online by the Ohio Department of Job & Family Services (ODJFS) at https://www.jfs.ohio.gov/ocs/

RULE 19.10

GUARDIAN AD LITEM

1. When requested by a party or upon the Court's own motion, a Guardian ad Litem shall be appointed to assist the court in its determination of the best interest of a child. The appointment as Guardian ad Litem shall remain in effect until the final entry is filed in the proceedings, unless the Guardian ad Litem is sooner discharged by order of the court. Rules 48-48.07 of the Rules of Superintendence for the Courts of Ohio are hereby adopted as rules of the Court.
2. A Guardian ad Litem may be an attorney, a qualified volunteer, or a court appointed special advocate (CASA) whenever one is available, and the appointment is appropriate.
3. An order of appointment shall be issued when a Guardian ad Litem is appointed by the Court, as provided in the form attached to these Rules in Appendix 1 as "Court Order #3," issued pursuant to Rule 48.02(A) of the Ohio Rules of Superintendence, which shall include, but not be limited to, the items set in Sup.R.48.02(A) and the following:
   1. The requirement that the Guardian ad Litem report, when issued, shall contain the following language in bold print:
      
      This report is being provided to the Court, unrepresented parties, and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any other disclosure of the report must be approved in advance by the Court. Unauthorized disclosure of the report in any fashion through any means including, but not limited to, copying the report, posting it or any portion of it on social media or other mediums, or disclosing all or portions of the report to another person without prior approval, may be subject to Court action including penalties for contempt, which include incarceration and fines.
   2. The requirement that the Guardian ad Litem, when providing the report to unrepresented parties and legal counsel of record, attach a cover sheet entitled NOTICE which sets out the language above in paragraph 1 in bold print in 22-point font or larger.
4. For all cases in which an attorney is appointed, the fees shall be in accordance with the rate stated in the entry.
5. The Guardian ad Litem shall be considered a party to the proceeding and, as such, shall have full access to court records and shall have the right to obtain court records and any agency personnel or records, including but not limited to law enforcement, physicians, physical and mental health professionals, educational facilities, other professionals, or an individual who may provide information the Guardian ad Litem believes to be relevant to the best interest of the child(ren). An attorney Guardian ad Litem or an attorney for a Guardian ad Litem shall have the right to subpoena any individual or entity for any reasons allowed under the Ohio Rules of Civil Procedure. In the event the Guardian ad Litem is an attorney at law, the Guardian ad Litem shall be entitled to participate in the hearing in the same manner as counsel.
6. Pursuant to Sup.R.48.06, a written report shall be prepared by the Guardian ad Litem and filed with the Court not less than seven (7) days before the final hearing. Each report shall contain the language referred to above in paragraph (C)(1) of this rule in the body of the report. The report shall be provided by the Guardian ad Litem to unrepresented parties and legal counsel of record. Counsel may share the contents of the report with their clients. In addition, the Guardian ad Litem shall attach the cover sheet required above in paragraph (C)(2) to the report when providing it to the parties or counsel.
7. A Guardian ad Litem shall file his/her report with the Clerk of Courts to be placed in the family file. At the time the report is submitted for filing, the Clerk shall file a Notice in the public file stating the date that the Guardian ad Litem report has been filed.
8. The Court will impose sanctions of contempt upon any person who disseminates the report in whole or in part, to any individual who has not been pre-approved to receive the report. No individual shall be permitted to place the content of the report on any form of social media.
9. The Guardian ad Litem shall be served with copies of all pleadings and shall be provided notice of all hearings. All judgment entries shall be submitted to the Guardian ad Litem for approval.

RULE 19.11

DIVISION OF PENSIONS OR OTHER RETIREMENT PLANS

QUALIFIED DOMESTIC RELATIONS ORDER ("QDRO"):

1. Unless otherwise agreed or ordered, counsel for the alternate payee entitled to the pension or retirement plan, or a portion thereof, shall prepare the Qualified Domestic Relations Order ("QDRO") for submission to the Court.
2. Whenever the parties agree to divide a pension or retirement program by a QDRO, they or their 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 signature is waived by the Court.
3. The QDRO shall be prepared as soon as possible following the final hearing for submission to the Court.
4. Unless otherwise agreed or ordered, a QDRO for a defined benefit plan shall contain the following provisions or shall be governed by the following assumptions:
   1. The QDRO will be a separate interest QDRO, meaning the alternate payee's benefits shall be independent of those of the participant;
   2. The division of benefits shall be based on the language of the case of Hoyt v. Hoyt, 53 Ohio St. 3d 177 (1999), and its progeny;
   3. The benefits assigned to the alternate payee shall include any and all temporary and supplemental benefits. Further, the benefits, as assigned to the alternate payee, shall include all early retirement subsidies and, should the alternate payee commence receipt of the benefits prior to participant's retirement, the alternate payee's benefits will be recalculated to reflect the subsidy;
   4. The alternate payee will be deemed to the surviving spouse of the participant to the extent of benefits assigned for the purpose of a preretirement survivor annuity;
   5. The division of the benefits will be made as of the date of final hearing of dissolution or as of the date upon which the final hearing of divorce concludes.
5. Unless otherwise agreed or ordered, a QDRO for a defined contribution plan shall contain the following provisions or be governed by these assumptions:
   1. The division of the benefits will be the date of the final hearing in the case;
   2. The alternate payee's benefits shall be credited with investment earnings and/or losses from the date of division until distribution;
   3. The QDRO will allow an immediate lump sum distribution of the alternate payee's benefits, if permitted by the plan;
   4. Any loans from the plan shall be charged to the participant's benefits and will remain the obligation of the participant;
   5. The alternate payee's share of the benefits will not reflect credit for sums deposited into the plan after the date of division which are based on service for periods prior to the date of division;
6. In all cases in which a Qualified Domestic Relations Order is to be issued, the final judgment entry shall contain the following language:
   

   The Court retains jurisdiction with respect to the Qualified Domestic Relations Order to the extent required to maintain its qualified status and the original intent of the parties. The Court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order. Notwithstanding the reservation of jurisdiction to insure that the domestic relations order is qualified, this is a final appealable order.

7. The participant shall not take actions, affirmative or otherwise, that can circumvent the terms and provisions of the Qualified Domestic Relations Order, or that may diminish or extinguish the rights and entitlements of the participants. The Court shall retain jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein, including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of the order.
8. Upon the filing of a Qualified Domestic Relations Order, counsel or self-represented parties shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Qualified Domestic Relations Order. Following the last page of the QDRO, counsel or self-represented parties shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Qualified Domestic Relations Order has been qualified with the Clerk of Courts:

   NOTICE TO PLAN ADMINISTRATOR

   THE QUALIFIED DOMESTIC RELATIONS ORDER HAS BEEN SERVED UPON YOU. PLEASE PROVIDE WRITTEN VERIFICATION OF ITS QUALIFICATION TO THE PAULDING COUNTY CLERK OF COURTS, 115 NORTH WILLIAMS STREET, PAULDING, OHIO 45879

   CASE NUMBER:

   When the Clerk receives Notice Confirming Qualification, it shall be filed in the public file. When such a notice has been filed, no additional court costs shall be charged. Neither the Court nor the Clerk shall be responsible to ensure compliance by the Plan Administrator.

9. If the Plan Administrator fails to file Notice of Qualification, the parties or attorneys for the parties shall file a copy of the letter of approval/qualification issued by the Plan Administrator with the Clerk of Courts within thirty (30) days of receipt.
   

DIVISION OF PROPERTY ORDER ("DOPO"):

1. Unless otherwise agreed or ordered, counsel for the alternate payee entitled to the state pension or retirement plan, or a portion thereof, shall prepare the Division of Property Order ("DOPO") for submission to the Court.
2. Whenever the parties agree to divide a state pension or retirement program by a DOPO, they or their 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 signature is waived by the Court.
3. The DOPO shall be prepared as soon as possible following the final hearing for submission to the Court.
4. A DOPO shall contain those provisions approved in Sections 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261, whichever is applicable to the particular state retirement plan.
5. Unless otherwise agreed or ordered, the division of the benefits will be the date of the final hearing in the case.
6. In all cases in which a DOPO is to be issued, the final judgment entry shall contain the following language:
   

   The Court retains jurisdiction with respect to the Division of Property Order to the extent required to maintain its qualified status and the original intent of the parties. The Court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein, including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order. Notwithstanding the reservation of jurisdiction to insure that the Division of Property Order is qualified, this is a final appealable order.

7. The participant shall not take actions, affirmative or otherwise, that can circumvent the terms and provisions of the DOPO, or that may diminish or extinguish the rights and entitlements of the participants. The Court shall retain jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein, including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order.
8. Upon the filing of a Division of Property Order, counsel or self-represented parties shall simultaneously file a praecipe directing the Clerk to serve the Plan Administrator with the Division of Property Order. Following the last page of the DOPO, Counsel or self-represented parties shall include the following NOTICE in BOLD print requiring the Plan Administrator to file a notice that the Division of Property Order has been qualified with the Clerk of Courts:

   NOTICE TO PLAN ADMINISTRATOR

   THE DIVISION OF PROPERTY ORDER HAS BEEN SERVED UPON YOU. PLEASE PROVIDE WRITTEN VERIFICATION OF ITS QUALIFICATION TO THE PAULDING COUNTY CLERK OF COURTS, 115 NORTH WILLIAMS STREET, PAULDING, OHIO 45879

   CASE NUMBER:

   When the Clerk receives Notice Confirming Qualification, it shall be filed in the public file. When such a notice has been filed, no additional court costs shall be charged. Neither the Court nor the Clerk shall be responsible to ensure compliance by the Plan Administrator.

9. If the Plan Administrator fails to file Notice of Qualification, the parties or attorneys for the parties shall file a copy of the letter of approval/qualification issued by the Plan Administrator with the Clerk of Courts within thirty (30) days of receipt.

RULE 19.12

MEDIATION

1. Mediation shall be conducted pursuant to the Ohio Uniform Mediation Act, effective January 1,2020. R.C. 2710 "Uniform Mediation Act" (UMA), including all definitions found in R.C. 2710.01 is incorporated by reference and adopted by this Court through local rule.
2. Mediation shall be attempted when practicable in any civil action and in all pending or post-divorce cases where there are contested issues. Any Judge or Magistrate may refer parties to mediation of any issue concerning parental rights at any time during the proceedings. Upon the motion of a party, the Court may order the parties to mediate any issue.
3. Counsel of record and/or other designated individuals may be present and participate in mediation unless otherwise ordered by the Court.
4. The Court may impose upon the parties fees and costs for mediation. If there is a fee for mediation, unless otherwise agreed by the parties, the mediation fees shall be shared equally. The Court may waive fees and costs for an indigent party. Mediation shall not be ordered if a party is indigent, unless the mediation is available at no cost to the party.
5. If any individual ordered by the Court to attend mediation fails to attend mediation without good cause, the Court may impose sanctions, which may include, but are not limited to, the award of attorney's fees and other costs, contempt, or other appropriate sanctions at the discretion of the assigned judge or magistrate.
6. It is the policy of this Court to determine matters in a timely way. Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediation Services Coordinator or the Judge or Magistrate who referred the case. Except as authorized by the Court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.
7. Cases referred to mediation by court order shall be stayed. The period of stay shall be from the date the case is referred to mediation to the next scheduled hearing date. All court orders shall remain in effect during the stay period. No motions may be filed or hearings may be held during the stay period without leave of Court, except those pertaining to the care of the minor children.
8. All disclosures made or information received from any source or person during mediation shall be deemed confidential. In the absence of written consent of all parties, the mediator shall not be required to disclose any statements or discussions which occurred during mediation. The foregoing confidentiality requirements shall not be construed to exempt any person from the statutory duty to report child abuse pursuant to R.C. 2151.421, statements that a felony has been or is being committed, violent acts that occur during mediation, and threats of harm to other people. All non-party participants submit to the Court's jurisdiction to enforce this rule.
9. Any mediator with whom the Court makes referrals, shall meet the qualifications and comply with the training requirements of Sup.R. 16.23, and adopted pursuant to Sup.R. 16.22 governing mediators and mediation.
10. The Northwest Ohio Court Mediation Services (hereinafter Mediation Services) will maintain for the public, mediators, and other staff as appropriate, the following information as a referral to resources:
    1. Attorney referral contact information;
    2. Information regarding Children Services;
    3. Resource information for local domestic violence prevention, counseling, substance abuse and mental health services; and
    4. Optional provisions.
11. It is the policy of the Court to use mediation to the benefit of the parties, to assist in reaching a resolution, and to provide a process that is timely and flexible that maintains the trust and confidence of the people. Any mediation participant may submit written comments, complaints, or feedback regarding the performance of mediators to the Court Administrator.

RULE 19.13

COURT INVESTIGATIONS

1. Pursuant to Civ.R. 75(D) and/or R.C. 3109.04, the court may order an investigation to address fact-based questions. Civ.R. 75(D) authorizes investigations into the "character, family relations, past conduct, earning ability, and financial worth of the parties to the action." R.C. 3109.04(C) allows investigations to be ordered as to the "character, family relations, past conduct, earning ability and financial worth of each parent."
2. Upon request of a party or at the court's discretion, the court may issue an order requiring an investigation described above in paragraph A and appointing an investigator to complete an investigation. The order shall specify the information being sought through the investigation. The order issued shall indicate how the costs for the investigation shall be divided. [See Appendix 1"Court Form No. 4" for a Home Study Investigation]. Individuals appointed to complete these investigations shall have training and experience satisfactory to the appointing court.
3. The Court Investigator has the right to obtain any and all records pertaining to the minor child(ren), including but not limited to, school, medical and counseling records. The Court Investigator shall also have access to any and all records relating to the parents and/or other adult parties, including medical records and counseling records. The Home Investigator has the right to interview the child while at school, home or other places where the child may be found. Any and all persons or entities having information shall release it to the Court Investigator, shall speak with the Court Investigator if requested and provide any other requested information. In addition, those individuals being investigated shall sign and requested releases of information so as to allow the investigator to gather the required information.
4. The investigator shall file his or her report of the investigation at least seven (7) days before any scheduled trial date. The report shall include the following NOTICE in BOLD print in the body of the report:
   

   This report is being provided to the court, unrepresented parties and legal counsel of record. If you are an attorney, you may share its contents with your client. However, any additional disclosure of this report must be approved in advance by the court. Any person who copies this report, posts on social media or other mediums or discloses all or portions of this report to another person, without prior approval, shall be subject to court action, including penalties for contempt which include incarceration and fines.
   

5. The investigator shall not render an opinion as to the care of children and may only report the investigator's findings on the issues outlined in the order of appointment.
6. The report shall be signed by the investigator and the investigator shall be subject to cross-examination by either party concerning the contents of the report.
7. The report and any attachments shall be placed in the family file and may be viewed by counsel and/or self-represented parties upon request. At the time the report is submitted for filing, the clerk shall file a notice in the public file stating the date that the report of the investigation has been filed.
8. At the time the investigator's report is filed, copies shall be sent by the court to the attorney(s) of record and any unrepresented parties. When the report is sent to the attorney(s) and/or unrepresented parties, a cover sheet containing the NOTICE stated in Paragraph D above shall be attached to the report.
9. An attorney may share the contents of the investigator's report with his or her client(s).
10. The court will impose sanctions of contempt on any person who disseminates the report, in whole or in part, to any individual who has not been pre-approved to receive the report. No individual shall be permitted to place the content of the report on any form of social medial.

RULE 19.14

PARENTING COORDINATION

1. Parenting coordination means a child-focused dispute resolution process ordered by a court of common pleas or division of the court to assist parties in implementing a parental rights and responsibilities or companionship time order using assessment, education, case management, conflict management, coaching, or decision-making. Parenting coordination is not mediation subject to R.C. Chapter 2710 or Sup.R. 16.20-16.25.
2. The court may, on its own motion or on the motion of a party, order parenting coordination when one or more of the following factors are present:
   1. The parties have disagreements about the implementation of a parental rights and responsibilities or companionship time order and need assistance.
   2. There is a history of parental conflict that has been unresolved by previous litigation or other interventions and from which a child of the parties is adversely affected;
   3. The parties have a child whose parenting time schedule requires frequent adjustments, specified in an order of the court or division, to maintain age-appropriate contact with both parties, and the parties have been previously unable to reach agreements on their parenting time schedule without intervention by the court;
   4. The parties have a child with a medical or psychological condition or disability who requires frequent decisions regarding treatment or frequent adjustments in the parenting time schedule, and the parties have been previously unable to reach agreements on their parenting time schedule without intervention by the court;
   5. One or both parties suffer from a medical or psychological condition or disability that results in an inability to reach agreements or to adjust their parenting time schedule without assistance;
   6. Any other factor as determined by the court.
3. The Court shall not order parenting coordination to determine any of the following:
   1. Changes in the designation of the residential parent or legal custodian;
   2. Changes in the school placement of a child;
   3. Substantive changes in parenting time;
   4. The modification of child support or the allocation of tax exemptions or benefits or for the division of uncovered medical expenses.
4. General Provisions:
   1. Except as provided by law, communications made as part of parenting coordination shall not be confidential or privileged;
   2. At any point after an interim or final parental rights and responsibilities or companionship time order is filed, a parenting coordinator may be ordered upon the motion of the court or one of the parties.
5. When ordering parenting coordination, the Court shall issue an appointment order that does all of the following:
   1. Includes the name and contact information of the parenting coordinator and outlines the definition and purpose of the parenting coordinator;
   2. Specifies the scope of authority of the parenting coordinator;
   3. Sets forth the term of the appointment;
   4. Allocates the responsibility for fees and expenses related to parenting coordination;
   5. Addresses procedures for decision-making of the parenting coordinator;
   6. Addresses procedures for objections to parenting coordinator decisions;
   7. Addresses other provisions as the court considers necessary and appropriate;
   8. Orders the parties to contact the parenting coordinator within the time period specified by the Court.
6. Public Access: The files maintained by a parenting coordinator but not filed with a clerk or submitted to a Court shall not be available for public access under Sup.R. 44 through 47.

RULE 20 – PARTITION

1. Attorney fees allowed in partition cases as costs shall be predicated either upon the appraised value of the property, if partitioned, or upon the sale price, if sold, and shall not exceed the following:
   
   10% of the first $1,000
   6% of the next $4,000
   4% of the next$10,000
   2% of the balance
   
   as a general rule, but may be modified upon application and proper showing by any party.

RULE 21 – COURTROOM DECORUM

1. Attire and Grooming: All counsel and parties shall be properly attired and groomed when appearing before the Court.
2. Children’s Attendance at Court: Children shall not be brought to the Court unless scheduled to appear by the Court. In the event that children must be brought to Court, adequate supervision must be provided for them. The Court will not be responsible for the care of the children during their parents’ hearing or mediation.
3. Food or Drink: No food or drink of any kind (including chewing gum) shall be consumed in any hearing room absent express consent of the Court.
4. Identification: Parties must appear at all hearings with government issued photo identification, or other identification acceptable to the Court.
5. Cellular Telephones: All cellular telephones, recording devices and other communication devices are to be turned off by all persons before entering any Courtroom or hearing room. Cellular phones and other communication devices are to remain off during any Courtroom proceeding. The use of Text Messaging and E-Mailing during Court hearings is prohibited by all persons unless authorized by the Court. Recording of any activity within a Courtroom or hearing room is strictly prohibited pursuant to Local Rule 10 or 26. Any party in violation of this policy is subject to seizure of said device.
6. Recording: Audio or visual recording of the Judge, Magistrate or any other Officers of the Court, including but not limited to court personnel, home investigators, and Guardian ad Litems, is strictly prohibited without consent or Order of the Court.

RULE 22 – RETENTION OF EXHIBITS AND EVIDENCE

1. The official court reporter shall receive and hold all exhibits proffered and/or admitted into evidence during trial in any case. The exhibits shall be secured until release is consented to, court ordered, or the documents and list of exhibits are filed with the Clerk of Courts as part of the transcript of an appeal.
2. After judgment and appeal, or after appeal time has expired without appeal, counsel should file a motion for the release of exhibits and provide a proposed entry to the Judge. Persons receiving such evidence must sign a receipt upon their release.
3. Evidence held by a law enforcement agency shall be controlled by the agency’s established written policies regarding evidence collection in property room control, or by court order.
4. All exhibits offered as evidence but not admitted shall be retained by the court reporter until the time for appeal has expired. Exhibits that were not offered as evidence shall be returned by the court reporter to the owner at the end of the trial. The owner of these exhibits shall execute a receipt for exhibits returned, but no court order shall be required.
5. After all appeal time has expired, the Clerk of Courts may dispose of any exhibits, depositions or transcripts remaining in his/her office. The Clerk, after notice to the parties or their attorneys, shall dispose of these items unless application is made for their return within sixty days of the date of the notice.

RULE 23 – FAX & EMAIL FILING WITH THE CLERK

1. In accordance with Civ.R.5, the General and Domestic Relations Divisions of the Court adopt the following procedures for the Clerk of Courts’ acceptance of facsimile copies, subsequent to the original complaint, of pleadings and other papers not longer than thirty (30) pages in length. No documents longer than thirty (30) pages in length shall be filed in this manner, unless pre-approved by the Court.
2. No original complaint or original pleading may be fax filed or email filed with the Clerk of Courts.
3. The Clerk of Courts shall maintain an independent telephone line and facsimile machine, publish the number of the same, for utilization by members of the bar to file documents with the Court as provided herein. Pleadings and other papers may be filed with the Clerk of Courts by transmission to 419-399-8248.
4. A document filed by fax or email shall be accepted as the effective original filing. The person making a fax or email filing need not file any source document at the Clerk of Courts, but must maintain it in his or her records and have it available for production on request by the Court, with original signatures, together with the source copy and the facsimile cover sheet used for the subject filing.
5. The source document filed by fax or email shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.
6. Proposed Judgment Entries and Orders submitted for the Court’s review and signature of the Judge or Magistrate shall become the original copy for the purposes of filing with the Clerk of Courts. There is no need to send the original source document.
7. Fax filings may NOT be sent directly to the Court for filing but shall only be transmitted directly through facsimile equipment operated by the Clerk of Courts.
8. The person filing a document by fax shall also provide therewith a cover page containing the following information:
1. The name of the Court;
2. The title of the case;
3. The case number;
4. The title of the document being filed (i.e. Defendant Smith’s Answer to Amended Complaint; Plaintiff Brown’s Response to Defendant’s Motion to Dismiss, etc.);
5. The date of transmission;
6. The transmitting fax number;
7. The number of pages included in the transmission, including the cover page;
8. The sending party’s name, address, telephone number, fax number, email address and Supreme Court registration number, if applicable;
9. If applicable, a statement explaining how costs are being submitted.
9. The Clerk of Courts is not required to send any form of notice to the sending party of a failed fax filing. If practicable, the Clerk of Courts may inform the sending party of a failed fax filing.
10. The Clerk of Courts is not required to file any unsigned fax transmitted documents.
11. All documents sent by fax and accepted by the Clerk of Courts shall be considered filed with the Clerk of Courts as of the date and time the Clerk receives the document.
12. The Clerk of Courts will be deemed to be open to receive facsimile transmission and email filing of documents on the same days and at the same time the Court is regularly open for business. Documents received after 4:30 pm on a regular business day or anytime on a weekend or holiday will be considered to be filed on the next ensuing regular business day for the Clerk.
13. No document filed by facsimile or email filing that requires a filing fee shall be accepted by the Clerk for filing until court costs and fees have been paid. Court costs and fees must be paid by check, cash, or money order. Documents tendered to the Clerk without payment of court costs and fees will not be filed.
14. No additional fee shall be assessed for facsimile or email filings.
15. Email filings may be submitted to clerk@pauldingcountyoh.com.
16. All documents electronically filed by email shall be submitted in Portable Document Format (PDF) format. When more than one document is contained within a single email, each document shall be a separate, readily identifiable attachment.
17. All documents electronically filed by email shall be signed in either of the following ways:
1. A handwritten signature manually affixed to the document; or
2. A signature line containing a forward slash followed by an “s” followed by a second forward slash and the filing party’s name in print (e.g., /s/ John Doe).
3. An electronic signature affixed on documents filed by fax or email shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the filing stricken.

RULE 24 – CIVIL PROTECTIVE ORDERS

1. All petitions for Civil Protective Orders and all documents and orders incident thereto shall be filed in compliance with ORC Sec. 3113.31 and the Rules of the Ohio Supreme Court.
2. By Rule of the Ohio Supreme Court, the Clerk shall provide packets with instructions and forms to attorneys, self-represented parties, domestic violence service agencies and others who request packets. These forms have been adopted by the Ohio Supreme Court and by Rules of this Court, and all Courts are required to use said forms in all protection order cases.
3. It shall be the responsibility of the attorney, party or authorized domestic violence service agency to file only such forms as are in compliance with ORC Sec. 3113.31 and as adopted by the Ohio Supreme Court.
4. It is not the responsibility of the Clerk of Court staff to aid or advise attorneys, self-represented parties, domestic violence service agencies or others as to the preparation or completion of Civil Protective forms
5. All civil protective matters shall be heard at such times as are required by ORC Sec. 3113.31. An ex parte hearing shall be held the same day the petition is filed, if filed before 2:00 p.m. If the petition is filed after 2:00 p.m., it may not be possible to conduct a hearing on the same day. In that case, the ex parte hearing shall be held the next business day.
6. All forms for Civil Protective Orders can be found at the Ohio Supreme Court website as follows: http://www.supremecourt.ohio.gov/forms

RULE 25 – FORECLOSURE – CANCELLATION OF SHERIFF’S SALE

1. In the event a party cancels a Sheriff’s sale (after Oder of Sale has issued), for any reason other than a bankruptcy action, a cancellation fee of $75.00 shall be assessed against the party cancelling said sale. If the parties fail to proceed with further order of sale within ninety (90) days of cancellation, the Court may issue an Order of Stay and, upon such Order of Stay, the Clerk of Courts shall calculate all court cost, return the balance of deposits and close the case. Thereafter, should the parties wish to re-open the case and proceed with the Order of Sale, an additional cost deposit will be required.

RULE 26 – CASE MANAGEMENT – CRIMINAL

1. Following the filing of a felony complaint, the matter shall be set for an initial appearance within two (2) court days of the Defendant’s arrest, if the Defendant is incarcerated. At the initial appearance and if deemed eligible, the Defendant is appointed counsel, the matter is set for preliminary hearing (with counsel) and bond is established. The Defendant may also choose to waive the preliminary hearing with the understanding that the matter would then be presented at the next Paulding County Grand Jury session. The Court would then advise the Defendant of the arraignment date, should an indictment be filed.
2. Following the filing of a felony indictment, service of said indictment upon the Defendant is attempted by either summons with arraignment date or via warrant. At arraignment and if deemed eligible, the Defendant is appointed counsel, the matter is set for pretrial and jury trial (with counsel) and bond is continued or established. If a resolution is reached prior to trial, a plea date will be scheduled and a pre-sentence investigation will be ordered. A sentencing date would then be scheduled to allow for the completion of said report. If a resolution is not reached and the Defendant wishes to proceed to trial, the Court will mail letters with instructions to potential jurors at least fourteen (14) days prior to the trial date.

RULE 27 – CASE MANAGEMENT – CIVIL

1. Following receipt of the initial responsive pleading, the Court will do an order setting a date upon which the parties are to submit a Civil rule 26(F) Conference Report. Following the receipt of the Conference Report, the Court will assign the matter for a scheduling conference with counsel of all parties or unrepresented parties who filed a responsive pleading. The initial scheduling conference is typically held by telephone, at the discretion of the Judge. All attorneys shall insure that the Court has a telephone number that rings directly to the attorney that will be handling the telephone call.
2. At the telephone scheduling conference, the Court will discuss the issues of the case with counsel and together shall establish dates for further proceedings of the case, including but not limited to, the joinder of additional parties, the amendment of pleadings, the completion of discovery, the disclosure of expert witnesses and expert witness reports, the filing of dispositive motions, and dates for a trial or jury trial, final pre-trial and the filing of proposed jury instructions and said dates will be journalized by the Court.

RULE 28 – JURY MANAGEMENT – CRIMINAL

1. Once the jury commissioners have selected the names for the upcoming term, the listing will be forwarded to the Paulding County Sheriff’s Office. The Sheriff’s Office will mail cards notifying each individual that they have been drawn as a prospective juror for the upcoming term. Each potential juror will then sign and return the card to the Sheriff’s Office. Upon return of all cards, the Sheriff’s Office will provide the cards to the Court for review. The Court reviews each card for any address changes, medical excuses or age exemptions. Taking into account any excused individuals, the Court will then mail questionnaires to all remaining jurors. The potential jurors are instructed to complete and return the questionnaire within three (3) days of receipt. The questionnaires are then reviewed by the Court to address any vacations, prior felony convictions, and any other causes for exemption. If a case is slated for trial, the Court will then mail letters to report to the first fifty to sixty jurors on the list. Letters to report are mailed at least fourteen (14) days in advance of trial, with questionnaires provided to the attorneys prior to trial.

RULE 29 – PRE-TRIAL SUPERVISION PROGRAM

1. In criminal matters where a Defendant is released on his or her own recognizance or posts bond, the Court may deem it appropriate to implement an additional bond condition ordering Defendant to participate in the Court’s pretrial supervision program. The decision to order a Defendant into the program may rely on the type of case in which Defendant is charged and/or Defendant’s criminal history.
2. Individuals ordered to participate in the pretrial supervision program shall report to the Court each Monday and Thursday during the pendency of the matter to submit to twice-weekly oral drug screens. The pre-trial supervision officer maintains a log of each screen and reports any positive or missed screens. As the Court deems necessary, any issues of non-compliance are forwarded to the State for initiation of bond revocation procedures.

RULE 30 – SPECIALIZED CRIMINAL DOCKET

1. The Paulding County Adult Drug Court Docket is established to reduce substance abuse, overdose, and recidivism by utilizing community-based treatment and community control alternatives. This program is available to defendants who meet eligibility criteria. The program will comply with the certification standards established by the Supreme Court of Ohio in Sup.R. 36.02 through 36.28.
2. It is the mission of the Drug Court Program to divert drug and/or alcohol dependent participation in court-monitored treatment, to achieve accountability, and to rehabilitate male and female defendants who have addictions with substances; thereby decreasing criminal activity and the need for incarceration.
3. The Drug Court Program will work with eligible defendants with drug and alcohol addictions to engage them in treatment with close supervision in lieu of processing them through the traditional criminal justice system. The Drug Court shall operate to allow the judiciary, prosecution, bar association, probation, law enforcement, addiction treatment, mental health and social service communities to work together to help non-violent offenders.
4. The Judge will either admit or deny a participant to the Drug Court Program. Each participant shall then undergo an assessment as Ordered by the Court.
1. Clinical Eligibility Criteria:
1. Diagnosed as substance dependent. The participant must have completed a drug/alcohol assessment by a certified licensed provider.
2. The participant must be able to understand and comply with program requirements.
2. Other Eligibility Criteria
1. No physical or mental health issues, which could hinder participation in the program. (This will be reviewed on a case by case basis).
2. Must be a resident of Paulding County.
3. The defendant must be receptive to receiving treatment.
4. Must be a case assigned to the Paulding County Common Pleas Court.
3. Legal Eligibility Criteria:
1. Intervention in Lieu of Conviction, or;
2. Charged with a pending felony offense less serious than a felony of the second degree. Must not be a drug trafficking offense (F-1, F-2, F-3, F-4, sex offense, felony OMVI and/or a sentence in which prison is mandatory), or;
3. The defendant is on Community Control with a Notice of Violation pending or; on agreement of the defendant; or on recommendation of the Probation Officer.
4. Sentenced to the Drug Court Program as part of Community Control placement and/or through Judicial Release.
5. Generally, a conviction of sex crimes, crimes involving children as victims, crimes involving the use of a weapon, crimes of violence involving a victim with a serious injury, and drug trafficking cases will result in ineligibility. The Judge has discretion to decide who participates in the Drug Court Program.
5. Participants will progress through Orientation, Phase I, Phase II, Phase III, Phase IV, and Phase V (known as “Aftercare”), prior to successful completion. 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 court before the Judge bi-weekly or as otherwise directed by the Court.
6. Participants may be unsuccessfully terminated upon:
1. Ongoing noncompliance or multiple violations of the Drug Court Program;
2. Serious violation of the Drug Court Program;
3. New serious criminal conviction; or
4. Resistance to treatment.
7. Participants may be neutrally discharged upon:
1. Serious medical or mental health condition;
2. Death;
3. Other factors that will impede the participants requirements for successful completion.