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MEMOR NUM

Plaintiff filed a complaint for divorce and a 75(N) motion on November 22, 2013. On

December 13, 2013, Defendant filed his answer and counterclaim and

a

response to the 75(N)

motion. Plaintiff filed a notice of service on February 4, 2014. On February 11, 2014,

Defendant filed a document entitled Husband's Follow-Up Affidavit.

Civ. R.

75(N)

provides for the filing of a motion and affidavit and a counter affidavit.

Thereafter, the rule provides for the issuance of

a

temporary order. The rule does not provide

for any additional filings including, but not limited to, a follow-up. In addition, Local Rule 3.1

specifically provides The opposing party shall have 14 days from the date of service within

which to file a counter motion and the appropriate affidavits. Finally, Local Rule 3.3 provides

for a temporary order to issue after submission of a Notice of Service (form 3.4)

Both the Ohio Rules of Civil Procedure and the Hamilton County Court of

Domestic Relations LOCal Rules are specific in the procedure to be used to obtain a temporary

order pursuant to Civ. R . 75(N). Neither allows a party to file a follow-up affidavit to a counter

motion. In addition, the rules are also specific about the time within which Defendant could file

his response. Defendant not only filed his affidavit outside of the 14 day limit, but a week after

Plaintiff filed

a

notice of service. Therefore, it was inappropriate for Defendant to submit his

affidavit and it should be stricken.

~~~

oskOWitz&Modowit , LLC

James H. Moskowitz #0064190

Attorney for Plaintiff

2900 Carew Tower

441 Vine Street

Cincinnati, Ohio 45202

(513) 721-31'11

(513) 721-3077 fax

jim@moskowitzlegal.com

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing motion to strike was

served upon Gregory L. Adams, Attorney for Defendant. by email this 12 day of February,

2014.

~~ ~~=~~~~ ~ r ~~

/

MOSkoWitz

osk itz, C

/ Ja es H. Moskowitz #0064190

Attorney for Plaintiff

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COURT OF COMMON PLEAS

DIVISION OF DOMESTIC RELATIONS

HAMILTON COUNTY OHIO

MELISSA HENDON DETERS Case No. DR 130 2234

Plaintiff

J ud ge Lewis

vs

JOSEPH THEODORE DETERS HUSBANDS FOLLOW -U P

AFFIDAVIT

Def enda nt

Com es now Joseph

T.

Deters, and having first been duly sworn, u po n info rmation

and belief

avers and

states

t he fo ll ow in g:

31 .

As

I ind icat ed in my Supplemental

Affidavit

my agreem en t w ith W aite

Bay less Schneider

Chesley Co., L .P.A . perm its the firm to term in at e my employment

w ith 90 days notice.

32. I hav e been notified that my employment w ith the firm is being terminat ed

ef fe ct ive M arch 31, 2014.

Jose ph T . Deters

Sworn to and subscribed in my presence this I I th day of February 2014.

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otary Public

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