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Shelby County Ohio Rule 22 Guidelines for Visitation

PLEASE TAKE NOTE:   Counties change their local visitation schedules.  The county you live in may have changed their rule(s) yesterday.  The county you live in may have different visitation schedules for Juvenile Court and Domestic Court. The rule may have been changed or updated since the last time this web page was updated.  In addition, if you already have a visitation schedule pursuant to local rule, and that schedule was attached to your parenting time orders, it is POSSIBLE that the court did not mean for YOUR visitation schedule to change if the local visitation schedule in your county changes. The local visitation schedules are put on this website as a courtesy and are updated as often as possible.  They are NOT legal advice and they are NOT meant to help you figure out if a decision you are about to make would be a violation of an existing court order.  If you want to make sure that you have the most current version of the local rule in your county, you can either look on your county Clerk of Court’s website, go to your local Clerk of Court’s office, or call your local Clerk of Court.

Click here to get a list of phone numbers for the Clerk of Court in your county.

If you know that the court in this county has implemented a new rule, PLEASE tell us by e-mailing us at info@cornwell-law.com and we will update our website.

The office of the Clerk of Court cannot give you legal advice.  This website, although prepared in part by attorneys, cannot and does not give you legal advice.  You can only get legal advice by talking to an attorney of your choice about the facts of your case, and the law as it applies to the facts of your case.

If you understand the information you have just read and would like to see the most recent local rule visitation schedule we have on our website, see the information below:

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Shelby County Rule Twenty Two – Guidelines For Visitation


Revised July 1.1999

I. Purpose

Companionship (visitation) is a time for children to do things with the parent with whom they do not live. It provides an opportunity for that parent to engage in activities and teach skills which will make the time rewarding to everyone concerned. Helping the children find friends in the visiting parent’s neighborhood makes the new area seem more like home to them. Contact with both parents is important to the children, and companionship arrangements should accordingly be encouraged.

II. Visitation Schedule

The following schedule shall apply unless otherwise specified by an order or Judgment Entry involving the parties. The word “cycle” as used in this Rule refers to a period of four (4) consecutive weeks rather than a calendar month. Since several months of each year contain more than four (4) weeks, each visitation cycle will in time change in relation to the week of the calendar month in which it falls. Weekend visitation will commence on the first Friday following the date of filing of such Order of Judgment Entry, unless it otherwise provides. Such weekend will be deemed the “first weekend” of the cycle, again unless otherwise provided.

A. Weekends

Visitation shall start on the first weekend after filing of such Judgment Entry, and shall consist of the following repeating four‑week cycle:

1. On the first and third weekends, from Friday at 7:00 p.m. to Sunday at 7:00 p.m. during the school year, and from Friday at 7:00 p.m. to Sunday at 8:00 p.m. during summer breaks and before holidays;

2. On the second weekend, from 6:00 p.m. to 9:30 p.m. on Friday; 3. On the fourth weekend, no visitation. 4. Visitation shall not be delayed or denied because a child has other

scheduled social, athletic, work or school activities. The visiting parent, however, must allow the child to participate in all mandatory scholastic activities and should‑‑unless prevented from so doing by the

nature of the visitation‑‑allow the child to participate in other regularly scheduled activities. The residential parent shall inform the visiting parent reasonably in advance of such activities, advising the visiting parent of dates, times, transportation needs and the like so that the child is not unnecessarily deprived of such activities and the friendships thereby maintained. The parents should discuss, reasonably agree upon and arrange such activities, taking into account both the needs of the visiting parent and the needs of the child. A failure by either parent to be concerned with the needs of the child for such activities shall be taken into account by the court in any post judgment visitation proceeding. Each parent should encourage the other to attend all of the child’s school and sports activities.

B. Mid week

Visitation shall additionally be allowed on one weekday per week, according to the following schedule:

1. For a child 12 year of age or younger, from 5:00 p.m. to 8:00 p.m.

2. For a child 13 years of age or older, 5:00 p.m. to 9:00 p.m.

If the visitation involves more than one child, the hour or return shall be based on the age of the youngest child. If the parents cannot agree on a particular day for such visitation, then Wednesday is hereby designated for such purpose.

C. Days of Special Meaning

1. Mother’s Day shall always be spent with the mother and Father’s Day shall always be spent with the father, regardless of which parent is entitled to the balance of the weekend. Unless otherwise agreed, the time spent with the appropriate parent shall be from 10:00 a.m. to 7:00 p.m.

2. The birthday of each child shall be spent with the mother in evennumbered years and the father in odd‑numbered years, provided that the visiting parent give one week’s notice of his or her intent to exercise such birthday visitation. Such visitation shall take place from 10:00 a.m. to 8:00 p.m. for a child not then in school, and from 5:00 p.m. to 8:00 p.m. for a child then in school. Visitation for the child’s birthday shall take precedence over other visitations. The custodial parent shall take all reasonable steps to ensure the attendance of the child’s brothers and sisters at the birthday event.

D. Holidays

Holiday shall be spent with the father or mother according to the following schedule:

Even Numbered Years Odd Numbered Years As Agreed Or
Easter & Spring Break Father Mother Sun., 10 a.m. to 7 p.m.
Memorial Day Mother Father Sun., 7 p.m. to Mon., 8 p.m.
July 4th Father Mother 7/4, 9 a.m. to 7/5, 9 a.m.
Labor Day Mother Father Sun.,7 p.m. to  Mon., 8 p.m.
Halloween Father Mother 5 p.m. to 8 p.m.
Thanksgiving Mother Father Thurs., 9 a.m. to  Fri., 9 a.m.
Christmas Eve Father Mother 12/23, 9 a.m. to  12/25,10 a.m.
Christmas Day/Vacation Mother Father 12/25, 10 a.m. to  12/31, 5 p.m.
New Year’s Eve/Day Father Mother 12/31, 5 p.m. to  01/01, 9 P.M.

Holiday visitation takes precedence over all other visitations.

E. Vacation Visitation

1. The visiting parent shall be entitled to four weeks of visitation each year, to be taken in one or more periods of not less than one week each. Such parent must give notice at least 30 days in advance of any one‑week visitation period, and at least 60 days in advance for each visitation period of two or more weeks. The visiting parent’s right of vacation visitation takes precedence over that of the residential parent, unless that parent’s annual vacation period is ordered by his or her employer to take place during a specific designated time. The residential parent shall give the other parent at least 60 days’ advance notice of such mandatory vacation period, and reasonable notice of other planned vacations or special events involving the children. A residential parent’s vacation shall not exceed 14 consecutive calendar days without providing an opportunity for visitation by the noncustodial parent.

2. Vacation visitation must be exercised in such a manner as to allow the child to attend all classes mandated by his or her school curriculum or required for advancement to the next school grade.

3. Each parent shall provide the other with the location, arrival and departure times, and method of travel to and from any vacation taking place outside that parent’s community.

4. A parent denied visitation by reason of the other parent’s vacation with the child shall be allowed to make up such visitation within a reasonable time thereafter. Such time shall not exceed 90 days in the case of the noncustodial parent. The parent seeking such “make up” visitation shall give the other parent at least 30 days notice of the weekend(s) during which such make up visitation shall be exercised. Failure of either parent to exercise such “make­ up” visitation within six months shall constitute a waiver of such right for such vacation.

III. Visitation Procedures

A. Child’s Response to Visitation

1. It is the absolute affirmative duty of the custodial parent to ensure that his or her child participates in visitation.

2. If a child indicates strong opposition to being with the other parent, it is the responsibility of each parent to appropriately deal with the situation, both by working with the child and with the other parent, avoiding in each case confrontations or unpleasant scenes.

3. If the parties cannot resolve the problem among themselves and the child, it is the duty of each parent to seek and participate in immediate assistance by a counselor or other mental health professional.

B. Exercise of Visitation

1. It is not necessary to give advance notice of the exercise of scheduled visitation.

2. The residential parent shall have each child emotionally and physically ready for the visitation.

3. When more than one child is involved, visitation will be exercised with all children together.

4. The visiting parent will not return the child prior to the end of the visitation period unless otherwise agreed in advance.

5. The residential parent shall arrange to be present or have a responsible adult present at the return site at the proper time.

6. Unless otherwise agreed or provided by court order, the visiting parent has the responsibility to pick up and return each child. If the visiting parent is unavailable for such pick up or return, then he or she must provide a responsible adult well known to the child for this purpose. Only a licensed driver may transport the child in a motor vehicle; all child restraint laws must be followed. No person under the influence drugs or alcohol shall be associated in any way with transporting the child.

7. The residential parent shall provide sufficient appropriate clean clothing for each visitation period. If an anticipated visitation activity requires special or unusual clothing needs, the visiting parent must notify the other parent at least two days in advance of such need. If the child does not have the specialized type of clothing required for such activity, the residential parent is under no obligation to provide it. All clothing sent by the residential parent must be returned with the child by the visiting parent.

8. A visiting parent must provide time for each child to study and complete necessary home work assignments and other school assigned projects, even if such requirements interfere with planned visitation activities. The residential parent shall, however, have the child complete such school assignments prior to visitation whenever reasonably practical. The residential parent must inform the visiting parent of the nature and deadline date of any assigned school work.

9. A parent who continually fails to pick up or return the child promptly or who habitually returns the child before completing the visitation period shall, in the discretion of the court, be subject to the same sanctions as a parent who fails to exercise visitation. A residential parent who habitually fails to provide a secure environment for the child upon its timely return by the visiting parent may be subjected to similar sanctions.

C. Visitation Cancellations

1. Except in case of emergency a visiting parent must give notice of his or her intent not to exercise visitation at least twenty‑four hours in advance of such visitation. Cancelled visitations are forfeited, and need not be made up. A parent who continually fails without good cause to exercise visitation may have such visitation curtailed, modified or made subject to certain conditions, all as determined in the reasonable discretion of the court upon motion by the other parent.

2. The residential parent has no duty to wait for the visiting parent for more than 30 minutes beyond the time set for visitation, unless the visiting parent notifies the residential parent that the or she will be late, and the residential parent agrees to remain available for a longer period of time. Such agreement shall not be unreasonably withheld.

D. Illness or Injury of a Child

1. Each parent must immediately notify the other parent of any illness or injury of the child requiring medial or dental consultation, in‑patient or out‑patient hospital treatment or the giving of prescription mediation.

2. If a child is injured or becomes ill prior to a scheduled visitation, the residential parent must contact the visiting parent and discuss the advisability of such visitation, taking into account the best interest of the child. In deciding the matter of visitation the parent should consider the nature of the illness or injury, the danger of contagion, the ability of the visiting parent to provide proper care, the nature of planned visitation activities and any other matter of importance.

3. If an ill or injured child participates in a visitation, then the residential parent must provide written instructions and sufficient medication for the child’s proper care while with the other parent. The visiting parent must comply with any appropriate medical directions, and must notify the other parent if the child’s condition worsens or fails to improve as anticipated.

4. If the parents determine that the child should not go on visitation, then the visiting parent, unless otherwise prohibited by law or by an order of this court may spend a reasonable time ‑‑ that is, a time which does not conflict with the child’s medical needs or the reasonable schedule of the residential parent with the child at the residential parent’s home.

5. The inability of one child to participate in visitation will not affect the right or the responsibility of the visiting parent to visit with other children subject to the visitation order, unless the ill child has contagious disease to which the other children have been exposed.

6. Visitation cancelled due to a child’s illness or injury may be made up by the visiting parent within 90 days of the child’s return to health. The procedure for such make‑up shall be as provided in Local Rule I for visitation missed by reason of vacation.

7. The visiting parent is responsible for the health and safety of the child with whom he or she visits, and must secure appropriate emergency treatment, if necessitated by the child’s condition. The residential parent shall keep the visiting parent informed of the name and address of the child’s pediatrician or family physician, required insurance information and the like.

8. Subject to law and other rules of this court pertaining to medical expenses, the residential parent shall be responsible to provide prescription medications and therapeutic equipment for and during all visitations, including vacations, for a child who suffers a chronic disease or disability.

9. If a visiting parent reasonably questions the residential parent’s judgment that a child may not participate in visitation by reason of a claimed injury or illness, such visiting parent shall have the right to have the child examined at his or her expense by the child’s pediatrician or family physician. The residential parent shall authorize the release to the visiting parent of all medical information available to such physician concerning such child, except only information which in the judgment of the physician may relate to a possible past or present abuse of the child by the visiting parent. The residential parent must cooperate in the scheduling and taking of such an examination, and in the release of such information to the visiting parent.

IV. Communications

Companionship between visiting parents and their children involves much more than compliance with a visitation schedule. It includes the right of regular communication by mail,

telephone and in this modern age of telecommunications ‑‑ computer generated electronic mail, facsimile transmissions and the like. Communications between the parents, however strained their relationship may be, is also important, since it enables each of them to better provide for the child. Accordingly:

A. Each parent has the right to telephone access to the child at all reasonable time for all reasonable purposes. If the parents cannot agree as to the timing, frequency and length of such communications, the following apply:

1. The parent with whom the child is not then living may talk with he child on the telephone twice each week;

2. A visiting parent may call a child once during a cancelled visitation, regardless of the reason for the cancellation;

3. Except in cases of emergency, phone calls shall not be made during the child’s normal bedtime hours;

4. Phone call shall not last more than 15 minutes; 5. If the child is unavailable to take the call, the residential parent shall be responsible to ensure that the child promptly returns the call;

6. A child is permitted to call either parent with any reasonable frequency, at any reasonable time and for any reasonable duration. If such call involves a long‑distance or other toll charge, it shall be made collect, unless the other parent otherwise agrees.

B. Each parent shall encourage frequent communication between the child and the other parent, and shall not do anything to impeded or restrict such communication, whether by phone, mail or other means. Mail between a child and either parent shall be kept strictly confidential between them, and shall not be open or read by the other parent unless the child so requests it or the child is unable to read.

C. Unless otherwise provided by law or court order, each parent shall keep the other informed of his or her current address and telephone number, his or her work telephone number (unless calls are not permitted at work) and an alternate telephone number for emergencies. “Current address” means both mail address and sufficient description or directions to enable the other parent to locate the residence. When it is anticipated that the child will spend an extended time away from the residence of both parties, then the party having such information will provide the other party with the child’s temporary address and telephone number, if feasible.

V. Visitation Under Special Circumstances

If circumstances make it not in the best interest of a child to comply with the terms of this standard order, each party shall cooperate with the other in establishing a visitation schedule and procedure which take into account such special circumstances, the needs of the visiting parent and the best interests of the child. If the parties are unable to reasonably determine or agree upon such a schedule and procedure, they shall enlist the services of a .counselor or medical professional to assist them in preparing and following such arrangements. Should they still be unwilling or unable to reach a reasonable agreement, then either party may petition the court for an order of special visitation. Under these special circumstances for visitation the court may allocate safety and transportation costs between or among parties or entirely to one party, taking into account the activities and status of each party resulting in the specialized visitation circumstances, the relative financial abilities of the parties, the cooperation or lack of cooperation by each party in regard to resolution of visitation problems, and any other relevant factors.

A. Lone Distance Visitation Over 100 Miles

In lieu of visitation under Section II, a non‑residential parent residing more than One Hundred (100) miles from the child may exercise visitation with that child as follows:

1. Six (6) weeks visitation during the child’s summer vacation from school.

2. The child’s Spring break from school, not to exceed one (1) week. 3. At Christmas time, in the even‑numbered years, from the day after the last day of school through December 26; in the odd‑numbered years, from December 27 to the day before school commences.

4. Up to four (4) additional non consecutive weekends each year, upon giving at least thirty (30) days written notice to the residential parent.

5. In case of emergencies, such as death or illness, where the giving of a thirty (30) day prior notice is impractical, either parent shall be entitled to access to the child that is reasonable under the circumstances.

B. Infants and Pre‑School Aye Children

1. The Court recognizes that any visitation program involving infants requires special attention to the needs of each child, and that a comprehensive, standardized rule of visitation is not always appropriate.

A visitation schedule designed with regard to school attendance and vacations is obviously not automatically relevant to a three‑year old. In such situations the parties are ordered to confer directly or through counsel to establish a visitation program which takes into account the availability of the child, the child’s parenting needs and the schedules of the parents. This does not mean, however, that the parents may not mutually agree to follow the standard orders of this Rule, particularly in the case of older pre‑school children.

2. Parents shall take into account in establishing a visitation schedule

for pre‑school children all factors relevant in regard to the physical and emotional maturity of each such child. Such factors shall take into account breast or bottle feeding, attendance in Head‑Start or other pre‑school programs, attendance at kindergarten, special infant health problems and the like. Each parent is responsible to make reasonable arrangements for the sharing (or if necessary for the separate provision) of clothing, strollers, infant car seats, diapers, formulas, baby bottles, and other items and equipment necessary for the child’s welfare.

VI. School Participation

In addition to other rights of the visiting parent in regard to the child’s school attendance and activities (See Section VII):

A. The residential parent shall take all necessary action with school authorities of any school in which the child subject to visitation is enrolled to:

1. List the other parent on the child’s school records; 2. Authorize the school to release to the other parent all relevant information concerning the child;

3. Ensure that the other parent receives copies of any school notices involving the child.

B. The residential parent shall promptly transmit to the other parent any information received concerning parent‑teacher meetings, school club meetings, school programs, athletic schedules and any other school activities in which the child is involved or may be interested.

C. The residential parent shall promptly provide the other parent with a photocopy of the child’s grades or other progress reports, and copies of any report concerning the child’s status or progress.

D. The residential parent shall, whenever possible, arrange appointments for parent teacher conferences and other meetings involving the child at a time when the other parent can be present. The other parent, upon such notice, shall take all reasonable steps to attend such conference or meeting.

VII. Statutory Notices

In addition to these rules, special statutes control the conduct of parties to marriage termination proceedings concerning their children. To the extent that such statutes now or hereafter conflict with the provisions of these Local Rules, then the statutes, and not these rules, control. Accordingly, each party should become familiar with the following statutes:

A. Relocation Notice: Pursuant to Ohio Revised Code §3109.051(G), the parties hereto are hereby notified as follows:

IF THE RESIDENTIAL PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARTIES’ JUDGMENT ENTRY, SAID RESIDENTIAL PARENT SHALL FILE A NOTICE OF INTENT TO RELOCATE WITH THIS COURT. EXCEPT AS PROVIDED IN O.R.C. SECTIONS 3109.051(G)(2), (3), AND (4), A COPY OF SUCH NOTICE SHALL BE MAILED BY THE COURT TO THE NON‑RESIDENTIAL PARENT. UPON RECEIPT OF THE NOTICE, THE COURT, ON ITS OWN MOTION OR THE MOTION OF THE NON‑RESIDENTIAL PARENT, MAY SCHEDULE A HEARING WITH NOTICE TO BOTH PARTIES TO DETERMINE WHETHER IT IS IN THE BEST INTERESTS OF THE CHILD OR CHILDREN TO REVISE THE VISITATION OR PARENTING SCHEDULE FOR THE CHILD OR CHILDREN.

B. Day Care Center Access Notice: Pursuant to Ohio Revised Code §3109.06(I), the parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND IN ACCORDANCE WITH O.R.C. §5104.011, THE PARENT WHO IS NOT THE RESIDENTIAL PARENT IS ENTITLED TO ACCESS TO ANY DAY CARE CENTER THAT IS OR WILL BE ATTENDED BY THE CHILD OR CHILDREN WITH WHOM VISITATION IS GRANTED, TO THE SAME EXTENT THAT THE RESIDENTIAL PARENT IS GRANTED ACCESS TO THE CENTER.

C. Records Access Notice: Pursuant to Ohio Revised Code §3109.051(H), and 3319.321(B)(5)(a) the parties hereto are notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY THE PARTIES’ JUDGMENT ENTRY, AND SUBJECT TO O.R.C. SECTIONS 2301.35(G)(2) AND 3319.321(F), THE NONRESIDENTIAL PARENT IS ENTITLED TO ACCESS, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, TO ANY RECORD THAT IS RELATED TO THE CHID OR CHILDREN AND TO WHICH SAID RESIDENTIAL PARENT OF THE CHILD LEGALLY IS PROVIDED ACCESS, INCLUDING SCHOOL RECORDS. ANY KEEPER OF A RECORD, PUBLIC OR PRIVATE, WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER, IS IN CONTEMPT OF COURT.

D. School Activities Notice: Pursuant to Ohio Revised Code §3109.051(J), the parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY THE PARTIES’ JUDGMENT ENTRY, AND SUBJECT TO O.R.C. §3319.321, THE NON‑RESIDENTIAL PARENT IS ENTITLED TO ACCESS UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, TO ANY STUDENT ACTIVITY THAT IS RELATED TO THE CHILD OR CHILDREN AND TO WHICH THE RESIDENTIAL PARENT OF THE CHILD LEGALLY IS PROVIDED ACCESS.

VIII. Illness and Injury

A. The residential parent shall promptly inform the other parent of any illness of

the child requiring medical attention. Elective surgery shall be performed only after consultation with the other parent. The other parent shall be consulted before emergency surgery if time permits, and shall in any event be informed of such surgery as soon as possible.

IX. Prohibited Conduct; Sanctions

A. The following conduct is prohibited:

1. Criticizing the other parent in the presence of the child.

2. Attempting to modify the religious practice of the child without having first consulted the other parent.

3. Habitually failing to spend significant time with the child during visitation periods. Failing to encourage a child to visit with the other parent (except upon the reasonable and substantiated belief that such visitation will result in abuse to the child).

4. Habitually failing to promptly pick up the child for visitation.

5. Habitually failing to promptly return the child after visitation.

6. Habitually returning the child prior to the end of a scheduled visitation.

7. Cancellation of visitation without reasonable notice.

8. Cancellation of visitation without reasonable justification.

9. Neglecting, endangering or abusing the child during any visitation.

10. Interfering with telephonic or mail communication between the child and other parent.

11. Failing to keep the other parent required of the child’s whereabouts when required by the terms of this Local Rule.

12. Habitually failing to ensure that the child completes mandatory school assignments while on visitation.

13. Failing to ensure that the child attends mandatory school activities during visitation.

14. Failing to keep the other parent informed of a parent’s address and telephone number.

15. Failing to inform the other parent of a serious or potentially serious accident, injury or illness involving the child.

16. Consuming an unreasonable amount of alcoholic beverage or any amount of a controlled substances (other than prescription medication) while exercising visitation, whether or not the child is then and there present.

17. Failing to provide clean, adequate clothing for visitation; or to return such clothing after visitation.

18. Other acts omission of commission found to violate the spirit or terms of this Local Rule.

B. Any of the rights or responsibilities described in this Local Rule may be enforced by the court on motion of either party. Penalties for interference wit such rights or failure to comply with such responsibilities may include incarceration in the Shelby County Jail, fines, the award of attorney fees, modification or curtailment of visitation and, if necessary, loss of residential or shared parenting rights.

C. No party may withhold the rights granted by this Local Rule because the other party fails to pay child support, maintain medical insurance, pay medical bills or the like. Other remedies, including the free services of the Shelby County Child Support Enforcement Agency, exist to correct such problems.

X. Implementation

A. Unless otherwise clearly indicated by the text, the use of the word “child” in this rule refers to any number of children with whom a visitation order is concerned. Although the phrase “visiting parent” is used for convenience, it includes the residential parent when the parent’s role is temporarily of a non­custodial nature, such as when the visiting parent has the child for a summer vacation. The parties shall apply common sense in applying such definitions.

B. The parties to a visitation arrangement may agree as to any matter of

visitation in any way that they mutually and reasonably agree to be in the best interest of the child. Such agreement need not be formal and need not be in writing. However, to the extent that the parties now or hereafter fail to agree on any matter described in this Rule, then the provisions of this Rule dealing with such matter shall automatically control their conduct. Any party who claims in a post judgment proceeding to excuse his or her conduct by claiming that it is conformed to the parties’ agreement shall have the burden of proof as to the existence of such an agreement.

C. It shall be the duty of an attorney for a party to explain to that party his or her rights and responsibilities under this rule, and to furnish a copy of this rule to such party.

[RULE 22 REVISED July 1,1999]