FRANKLIN COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Effective July 1, 1984 unless otherwise noted

	DOMESTIC RULES
	---SELECT A RULE TO VIEW--- 1. Duty Judge 2. Security for costs 3. Case Management 4. Assignment of cases for trial 5. Hearing 6. Witnesses 7. Investigations 8. Magistrate hearings 9. Objections to decisions of Magistrate 10. Petitions for dissolution 11. Pleadings 12. Entries 13. Motions 14. Broadcasting, televising, recording and photographing by news media 15. Guardian ad Litem 16. Termination of inactive cases 17. Financial disclosure affidavit required at time of filing 18. Required language 19. Photographic Identification 20. Support payments through Franklin County Child Support Enforcement Agency/Application for IV-D Services 21. Child support worksheets 22. Mediation 23. Child support and alimony modifications 24. Health insurance disclosure affidavit 25. Assignment of cases 26. Seminar for separating parents 27. Model parenting time schedule 28. Service of process in divorce, annulment, or legal separation 29. Court Records Management and Retention 30. Work Release Program 31. Forms 32. Court Security 33. Service members' civil relief act 34. Appeals From Magistrate Orders 35. Admission of Out-Of-State Attorneys 36. Registration of Orders From Another State; Certification to Juvenile Court

RULE 3:

CASE MANAGEMENT

RULE 3 CASE MANAGEMENT   

(A)   PURPOSE

Pursuant to Rule 5(B)(1) of the Rules of Superintendence for the Courts of Ohio, this rule is promulgated to establish a domestic relations case management system which will provide for the prompt, fair, and timely disposal of all cases and motions before the court.

(B)   MAGISTRATE STATUS CONFERENCE

Upon request of either party or the magistrate, the assigned magistrate may conduct a status conference in actions for divorce, legal separation, and annulment.  The status conference shall be scheduled as directed by the magistrate, and the requesting party shall give notice of the status conference to the opposing party.  At the status conference the parties shall attempt to reach an amicable settlement of all issues in controversy, and in the event settlement is not possible, to expedite proceedings in the action. At the status conference attorneys and parties shall be prepared to:

1. Narrow the legal issues in controversy;

2.      Agree to a voluntary partial or complete discovery schedule;

3.      Select court appointed experts and/or Guardian ad Litem;

4.      Advise the Court of the time needed to submit affidavits in support of temporary orders;

5.      Determine whether a referral to Family Assessment or Mediation Services is necessary for mediation or a home investigation.

After the status conference the magistrate may issue a status conference order or other scheduling order.

(C)   PRE-TRIAL CONFERENCES

            In all actions for divorce, annulment or legal separation either party, on the filing of a written request, shall have the right to have a pre-trial.  Upon the filing of an answer, a Judge, in his/her discretion, may cause a pre-trial to be scheduled.

            The time and date for the pre-trial shall be determined by the Assignment Commissioner who shall give notice of the pre-trial conference to counsel and pro se parties.

            No later than seven days prior to each pre-trial, each party shall file and serve upon opposing counsel or pro se party, a completed, updated pretrial statement affidavit as promulgated by the Court.  Failure to file and serve a completed statement/affidavit may result in sanctions which shall be within the discretion of the Judge.

            At the pre-trial, the Judge may issue pre-trial orders and may schedule the case for another pre-trial, a final status conference, or trial.  If either counsel or pro se party believes pre-trial orders are necessary they shall prepare and submit a pre-trial order to the judge at the time of the pre-trial conference.

(D)  ATTENDANCE AT STATUS OR PRE-TRIAL CONFERENCES

All counsel of record, including the Guardian ad Litem, and all parties except minor children, if within the jurisdiction of the Court, shall be present at any status or pre-trial conference, unless excused in advance by the Judge or Magistrate presiding over said conference.  If a party is not within the jurisdiction of the court or has been excused by the court, that party shall provide his/her attorney with the telephone number at which (s)he may be reached during the conference.  Counsel attending a conference must have complete authority to discuss and settle, if possible, all issues involved in the case, and to enter into stipulations regarding unresolved issues.

Failure of an attorney to be prepared for a status or pre-trial conference, and failure of a party or attorney to appear, or to cooperate in good faith in the conduct of the conference, may result in dismissal of the pleadings of the defaulting party and may subject said attorney or party to any sanctions provided in Ohio Rule of Civil Procedure 37(D), including an award of expenses and/or attorney fees to any party prejudiced by such conduct.

Any agreement reached shall be immediately reduced to writing, signed by both parties and their counsel and shall be filed with the Court and shall be binding on all parties in any subsequent hearing on the case.

(E)   FINAL STATUS CONFERENCE

The final status conference shall be scheduled no less than seven days in advance of the trial. The time and date for the final status conference shall be determined by the Assignment Commissioner who shall give notice of the final status conference to counsel and pro se parties.

All attorneys of record including the Guardian ad Litem, and all parties except minor children, shall be present for the final status conference.  At the final status conference attorneys and parties shall  prepare written stipulations regarding all issues not in controversy and exchange trial notebooks.  Each counsel shall submit a trial notebook to the court which shall be bound and contain:

1.      Copies of all exhibits that party intends to introduce at court, complete with an index;

2.      Copies of all joint exhibits the parties intend to introduce;

3.      Copies of reports from all experts that party intends to call as a witness, including but not limited to valuations, appraisals, medical and psychological reports, and vocational evaluations;

4.      A list of all witnesses that party intends to call to testify;

5.      A spreadsheet identifying separate and marital assets and liabilities accompanied by a proposed distribution of said assets and liabilities; and

6.      Proposed child support guideline worksheets, withholding orders and instructions for service;

At the final status conference all original exhibits shall be marked for trial but retained by counsel.  Plaintiff’s exhibits shall be marked with numbers and Defendant’s exhibits shall be marked with letters.   

(F)    ASSIGNMENT AND SCHEDULING OF TRIALS AND MOTIONS

(1)    Cases will be assigned and scheduled in accordance with Local Rules 4, 19, and 25.  It is the intent of the Court that cases are to be resolved within the time guidelines set forth by the Supreme Court of Ohio, which are as follows:

(2)       Uncontested Hearings:  Pursuant to Ohio Rule of Civil Procedure 75(K), no action for divorce, legal separation or annulment may be heard and decided until the expiration of 42 days after service of process.  In all proceedings which are uncontested due to the Defendant’s failure to file an answer, Plaintiff shall submit a proposed judgment entry together with findings of fact if statutorily required to the Court at the time of trial.

(3)      Dissolutions:  Pursuant to O.R.C.3105.64, petitions for dissolution of marriage shall be scheduled for hearing not less than thirty days nor more than ninety days after the filing of the petition for dissolution of marriage.

(4)      Motions:  Motions for temporary orders shall proceed in accordance with Local Rule 13(A) and (B).  All other motions shall proceed in accordance with Local Rule 13(C) and (D).

(5)      Mediation:  Mediation shall proceed as provided in Local Rule 22.

(G)  CONTINUANCES OR ADVANCEMENT

All motions for continuance or advancement must be on a form promulgated by the court and must:

1.      State the reason for the request, and if the request is being made due to a conflict with another case, contain the name, case number, type of case (civil or criminal), name of the Judge and county where the case is scheduled, and the date and time the case is assigned for trial.  A copy of the scheduling notice should be attached to the request;

2.      Contain the filing date of the case or pending motion;

3.      State the number of times the case or motion has been continued;

4. Reflect the approval of opposing counsel or pro se party unless otherwise excused by the judge or magistrate.  If the opposing counsel or pro se party does not consent to the continuance a conference shall be scheduled with the assigned judge or magistrate to resolve the continuance motion.  No case may be continued by agreement of counsel or the parties without permission of the assigned judge or magistrate.

(H) FINDINGS OF FACT AND CONCLUSIONS OF LAW

A party requesting findings of fact and conclusions of law pursuant to Ohio Civil Rule 52, Ohio Civil Rule 53(E)(2) or Ohio Juvenile Rule 40(E)(2) shall serve a copy of the request on the opposing party and deliver a copy of the request to the judge or magistrate to whom the request is directed. If findings of fact and conclusions of law are requested by a party, the judge or magistrate to whom the request is directed may order the parties to submit proposed findings of fact and conclusions of law within a reasonable time after the conclusion of the proceedings.  Upon being so ordered, if a party who requested findings of fact and conclusions of law fails to submit proposed findings of fact and conclusions of law as ordered, the judge or magistrate may deem the request for findings of fact and conclusions of law to be waived and enter a decision and entry accordingly, as if no request for findings of fact and conclusions of law was made.

(H)  WITHDRAWAL OF TRIAL ATTORNEY

An attorney requesting to withdraw from representation of a client shall file a motion to withdraw stating the reasons for withdrawal.  The motion shall include the last current address of the client and certification that the following have occurred:

  a.       notice has been given to the client advising the client of all orders and all upcoming assignment dates affecting the client;

  b.  notice has been given to all counsel, or if unrepresented, to the  parties. 

The attorney shall serve the motion to withdraw from representation on the client and all parties or their counsel.

            No attorney shall be permitted to withdraw from a case later than 20 days prior to hearing except for extraordinary circumstances.  If a case is scheduled for hearing before a magistrate, the request to withdraw should be approved by the assigned magistrate prior to being submitted to the assigned judge.

(Amended, eff 7/1/85, eff 8/2/90, eff 7/1/93, 7/1/99; 8/1/04)

	CLICK HERE TO DOWNLOAD THE STATUS CONFERENCE ORDER
	CLICK HERE TO DOWNLOAD THE PRETRIAL STATEMENT