(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) Any motion requesting ex parte or emergency orders related to custody or parenting time (collectively referred to as “parental rights”) are strongly discouraged. However, there are certain limited circumstances where such motions may be considered necessary and may be considered by the Court. Ex parte or emergency motions related to parental rights may only be made if there is also filed and pending before the Court an accompanying complaint or motion to address matters related to parental rights (excluding motions related solely to child support).

 

   The Court will only issue such an order if it is supported by sworn testimony in open court that irreparable harm to the child(ren) will occur unless immediate action is taken. Examples of irreparable harm include, but are not limited to, physical abuse, bodily injury, medical neglect or exposure to domestic violence in the other party’s household. Irreparable harm DOES NOT include: the need to enroll the child(ren) in school, the need to obtain an initial custody order, missed visits or parenting time, refusal to return the child(ren) following visitation, and the need to obtain non-emergency medical treatment.

 

   A motion for ex parte or emergency relief shall include an affidavit of the moving party that clearly states with particularity: (1) what efforts the movant took to provide opposing counsel, the guardian ad litem and/or self-represented parties with notice of the movant’s intent to file the motion so that all parties and counsel may be present at the time of hearing; (2) what circumstances cause the movant to believe that an emergency situation exists; (3) what the harm to the child is or what harm would likely occur if the motion were not granted; and (4) what efforts the movant took to resolve the matter prior to filing the motion .

 

   The Court reserves the right to review all motions and accompanying affidavits at the time of filing and summarily deny a motion for an emergency or ex parte order prior to hearing if the affidavit does not meet the foregoing standards or on its face does not describe an actual emergency or alleged irreparable harm that can only be addressed by an ex parte or emergency order. A motion may also be denied or delayed for further hearing if the Court determines that a good faith effort to notify counsel or self-represented parties has not been made.

The hearing on the emergency or ex parte motion shall be scheduled before the assigned Judge. If the assigned Judge is not available, it may be heard by the Duty Judge. If emergency or ex parte relief is granted, a review hearing may be scheduled within 45 days before the Judge or Magistrate assigned to the case, at the discretion of the Judge, at the time the order is granted.

 

   If the Court learns at any time that the movant’s statements were untrue or purposefully inaccurate so as to mislead the Court, that party may be subject to sanctions, including, but not limited to, a dismissal of their action, an award of attorney fees and expenses to the opposing party(ies), and/or a contempt citation. Filing fees shall be charged in accordance with the fee schedule as set forth in these rules.

 

   (Amended eff. 1/15/89, 3/11/94, 7/1/95; 2/9/98; 8/1/04; 10/25/2010; 1/14/19; 10/01/2022)