How to Prepare Evidence for Ohio Family Court

The rules that apply

The Ohio Rules of Evidence govern proceedings in Ohio courts, subject to the exceptions in Evid.R. 101(D), such as contempt proceedings in which the court may act summarily, small claims, and proceedings in which other Supreme Court rules govern matters of evidence (Evid.R. 101(A), (D)). Custody, parenting time, and support hearings are not named in that list. Magistrates rule on the admissibility of evidence in hearings they conduct (Civ.R. 53(C)(3)(b)).

Authenticating exhibits

Before an exhibit is admitted, there must be evidence sufficient to support a finding that it is what you claim it is (Evid.R. 901(A)). Examples in Evid.R. 901(B) include testimony of a witness with knowledge, distinctive characteristics such as contents and internal patterns taken with the circumstances, and voice identification.

• Text messages and emails. Be ready to testify how you know who sent them, such as the phone number or address, the content, and the conversation around them. Print the whole thread with dates, not isolated lines.
• Photos and video. Be ready to say who took them, when, and that they fairly show what happened.
• Copies. A duplicate is admissible to the same extent as the original unless there is a genuine question about authenticity or it would be unfair (Evid.R. 1003).

Hearsay

Hearsay is a statement made outside the hearing that is offered to prove the truth of what it says (Evid.R. 801(C)). Two rules matter most in family cases:

• Party admissions. The other party’s own statement, offered against that party, is not hearsay (Evid.R. 801(D)(2)(a)). That is why the other parent’s messages are often usable when you offer them.
• Business and public records. School, medical, and similar records kept in the regular course of business can come in under Evid.R. 803(6) through a custodian or qualified witness, or through a certification under Evid.R. 902(11), which requires reasonable written notice to the other party before the hearing and making the record available for inspection.

Certified copies of public records, such as a court record from another case, are self-authenticating under Evid.R. 902(4).

Guardian ad litem reports

In cases allocating parental rights and responsibilities, custody, or visitation, a guardian ad litem must provide a written report to the court, unrepresented parties, and counsel not fewer than seven days before the final hearing date, unless the court changes the due date (Sup.R. 8.06(C)(1)). Reports are not determinative, and the guardian must be available to testify (Sup.R. 8.06(A)(3), (4)).

Court investigations

Before trial the court may order an investigation of each parent’s character, family relations, past conduct, earning ability, and financial worth. The report must be signed by the investigator, who is subject to cross-examination by either parent (R.C. 3109.04(C); Civ.R. 75(D)). On written request, the report is made available before trial: R.C. 3109.04(C) says not less than five days before, and Civ.R. 75(D) says not less than seven days before. Ask for it in writing as early as you can.

Organizing your exhibits

• Label each exhibit and keep a one-page index with a short description and the fact it proves.
• Bring copies for the court, the other party, and yourself, unless local rules say otherwise.
• Follow your court’s local rules and any scheduling order on exchanging exhibits and witness lists before the hearing.
• Do not bring a written or recorded statement from your child about the child’s wishes. The court may not consider one (R.C. 3109.04(B)(3)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• Ohio Rules of Evidence 101, 801, 803, 901, 902, 1003
• Rule of Superintendence 8.06, guardian ad litem reports
• R.C. 3109.04(B), (C), interviews and investigations
• Ohio Civil Rules 53(C) and 75(D)