Sample language
in notice of presentation of final decree of divorce:
Now comes
_______, Defendant, by and through counsel, and respectfully requests that the
Court sign the attached Decree of Divorce, as it accurately reflects the
Court’s "Date" Decision. The undersigned prepared the attached Decree
and forwarded it to opposing counsel via first class mail and email on “Date”.
On “Date”, opposing counsel indicated that both parties simply submit their own
drafts and let the Court decide.
Sample County
Domestic Relations Court Rules:Excerpt From Warren County Domestic Relations Court Rules As Amended And Effective April 1, 2012.
6.1 Decrees and Judgment Entries in Contested Matters.
B. Disagreement
Concerning Documents Prepared by Counsel.
If the
prevailing party prepares the necessary document as noted above but opposing counsel objects
to the document as to form or because it does not accurately embody the court’s
decision, counsel shall indicate objections by affixing the words “subject to objection” under
counsel’s signature. Counsel shall then prepare his or her own entry, sign it and mail
the original to the prevailing attorney along with the entry previously mailed to him or
her by the prevailing attorney. Either or both counsel shall then set the matter for a
hearing on the entry as soon as possible. Each attorney must present a draft entry to the
Judge/Magistrate at such hearing. The Judge/Magistrate shall approve and file one or the
other of the submitted entries or shall prepare and file his/her own entry or decision.
C. Failure to
Respond to Draft Documents.
If the
prevailing party prepares the necessary document(s) as noted above but opposing counsel fails to
respond with approval or objections, or if the prevailing party fails to timely prepare
the necessary document(s) as noted above, counsel may file a “Notice of Presentation of
Entry” with the court in substantial compliance with DR Form 9 (included in
Appendix 4). Such notice shall include the following:
1. Notice to the
opposing counsel that the proposed entry will be presented to the court for
approval after the expiration of fourteen (14) days from the date of mailing unless
the other attorney, within the fourteen days, files a written objection
stating the grounds with particularity, attaches his/her own proposed entry and sets
the matter for hearing.
2. Failure to
file written objections and/or to set a hearing will be construed as acquiescence to
the filing of the proponent’s entry.
3. The proposed
entry shall be attached to the notice.
If, after the expiration
of the fourteen (14) day period, opposing counsel has not filed a written
objection, the counsel who drafted the document shall present both the file stamped Notice of
Presentation of Entry and the actual proposed entry to the assigned Judge/Magistrate
for consideration.
D. Nothing in
this rule precludes the Judge/Magistrate from preparing and filing his or her own
entry/decision at any time.
The above information is not offered as, and does
not constitute, legal advice. The information presumes you are not currently
represented by an attorney who knows your specific circumstances. Each divorce
has its own unique set of facts and circumstances and is governed by the rules
of the Ohio county domestic relations court that has jurisdiction over the
divorce.
