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

DOMESTIC RULES
 
 

RULE 13:

MOTIONS

(A)       Motions for temporary orders based on affidavits may contain multiple requests for relief.  Motions for contempt may contain additional requests for attorney fees and reducing the arrearage to a judgment.  All other motions shall contain a single request for relief and shall not contain multiple branches or alternative requests for relief, except that in addition to the single request for relief a motion may contain a request for appointment of a process server and/or attorney fees.

(B)       All motions for temporary orders shall be submitted by the form Motion and Affidavit or Counter Affidavit for Temporary Orders Without Oral Hearing as designated in this rule.  In addition either party may submit financial and narrative affidavits in support of a motion for temporary orders.  Narrative affidavits regarding the allocation of parental rights and responsibilities shall not exceed an aggregate of twenty-five pages, excluding exhibits.  Affidavits may not be submitted as exhibits.

            All information contained in a financial affidavit must be accurate.  Any information that is estimated must be clearly identified.  Omitted, incomplete or inaccurate financial information may result in the court refusing to enter temporary support orders, or retroactive modification/termination of temporary orders issued based upon such information.   

            Once the court has issued temporary orders based upon the affidavits of the parties, either party may request an oral hearing pursuant to Ohio Civil Rule 75(N)(2).  At the oral hearing to determine the temporary allocation of parental rights and responsibilities, the magistrate may limit the number and presentation of witnesses with the approval of the assigned judge.

(C)       All requests for relief from judgment pursuant to Ohio Civil Rule 60(B), shall be made by motion and shall comply with Ohio Civil Rule 7(B).  The motion shall be supported by relevant materials which demonstrate:

(1) The party has a meritorious defense or claim to present if relief is granted;
(2) The party is entitled to relief under one of the grounds stated in Civil Rule 60(B)(1) through (5); and
(3) The timeliness of the motion.

            The moving party shall file a memorandum of fact and law and may include affidavits, transcripts, depositions, answers to interrogatories, exhibits, and other relevant documentary materials.  A copy of the motion and all materials filed in support of the motion for relief from judgment shall be served on the opposing party and a copy delivered to the Court's Bailiff.

            The opposing party may file a brief or memorandum and supporting materials within twenty-one days after service of the motion.  The opposing party shall serve a copy of the brief or memorandum and supporting materials on the moving party and shall deliver a copy to the Court's Bailiff.

            Motions requesting relief from judgment which are based on lack of service or lack of jurisdiction shall be scheduled for hearing.  Motions requesting relief from judgment which do not involve lack of service or lack of jurisdiction will be reviewed by the court and scheduled for hearing if the materials submitted allege operative facts which, if proven, would warrant relief from judgment.  All other motions for relief from judgment will be determined without oral argument.  

(D)     Except for motions for relief from judgment filed pursuant to Civil Rule 60(B) which shall be scheduled for hearing by the court as provided in Local Rule 13(C), the attorney shall request a hearing date at the time of filing all motions, whether to be heard orally, on affidavit or memorandum only.  A Judge or Magistrate may waive this Rule for good cause shown.

(E)     Post-decree motions requesting ex parte orders that affect children are discouraged.  However, the court will issue such orders only where it is shown that irreparable harm will occur to the child unless immediate action is taken, and the moving party has also filed and scheduled for hearing a motion requesting the reallocation of parental rights and responsibilities.  Such motions for ex parte orders shall have supporting affidavits that clearly delineate the expected harm. Any ex parte order for a change in the residential parent status shall include a provision for immediate notice of the ex parte order to the legal custodian or the residential parent.  

            (Amended eff. 1/15/89, 3/11/94, 7/1/95; 2/9/98; 8/1/04; 10/25/2010)

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MOTION AND AFFIDAVIT OR COUNTER AFFIDAVIT
FOR TEMPORARY ORDERS
WITHOUT ORAL HEARING