Athens County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Appellee brief

The appellee’s brief must include the appellant’s required contents, except that the case or fact statement is unnecessary if the appellee agrees with the appellant.

The appellee’s brief must include the same things, except that a statement of the case or of the facts is not necessary if the appellee agrees with the appellant.

CRITICAL

Applies to

Notice of appeal

A copy of the transcript order must be filed with the clerk and served on the court reporter when the notice of appeal is filed.

A copy of the order for the transcript of proceedings must be filed with the clerk and served on the court reporter at the time of filing the notice of appeal.

CRITICAL

Applies to

Delayed appeal motion

A delayed-appeal motion must explain the missed deadline and be filed with the appellate clerk together with a notice of appeal filed in the trial court and copied to the appellate clerk.

The person requesting leave to file a delayed appeal must file the motion with the clerk of the Court of Appeals. At the same time, the person also must file a notice of appeal with the clerk of the trial court and a copy of the notice of appeal with the clerk of the Court of Appeals. In the motion, the person must explain the reasons for the failure to file a timely notice of appeal.

CRITICAL

Applies to

Notice of cross appeal

A party seeking changes to a judgment after another party has appealed must file a notice of cross-appeal; one is unnecessary when the party only defends the judgment, even on different grounds.

If another party already has filed a notice of appeal and you intend to not only defend that judgment but also ask the Court of Appeals to change parts of it as well, you must file a notice of cross-appeal. [App.R. 3(C)] A notice of cross-appeal is not necessary if you are just defending the judgment, even if your defense rests on reasons different from the trial court.

CRITICAL

Applies to

Written objection

A written objection to a document’s introduction must set forth the particular legal objection raised.

Unless the party opposing introduction of the document into evidence files a written objection to the introduction of that document at least seven (7) days before the hearing, setting forth the particular legal objection raised;

CRITICAL

Applies to

Stipulation or other document requiring multiple signatures

For a document requiring multiple signatures, the filing party or attorney must sign it personally using the specified conformed-signature format.

The filing party or attorney shall sign the stipulation or document him/herself as follows: "/s/ John Smith."

CRITICAL

Applies to

Online course completion proof

Parties choosing the approved online course must provide the Court with proof of completion by certificate or another Court-approved means.

Alternatively, the parties shall complete Court approved online course at their own expenses and provide proof of completion to the Court by way of certificate or other Court approved means.

CRITICAL

Applies to

Notice of appeal

If the appellant does not order a complete transcript, it must serve the appellee with a statement of your assignments of error at the time of filing the notice of appeal.

If the appellant does not order a complete transcript, it must serve the appellee with a statement of your assignments of error at the time of filing the notice of appeal.

CRITICAL

Applies to

Deposition transcript

Every deposition transcript filed with the Clerk must include a witness signature page and the witness's statement of changes in form or substance under Civ.R. 30(E).

All deposition transcripts filed with the Clerk must include a witness signature page and statement of changes in form or substance made by the witness pursuant to Civ.R. 30(E).

CRITICAL

Applies to

CQE petition

A CQE petition must be filed with the approved Cover Sheet and completed Electronic DRC Petition, with the DRC petition number on the Cover Sheet and electronic access to the CQE Summary.

31.2 In order to request a CQE, the Petitioner shall file the approved Cover Sheet and the fully completed Electronic DRC Petition with the Clerk of Courts for the Common Pleas Court. The Petitioner shall include the DRC Electronic Petition Number on the Cover Sheet, and shall include electronic access to the DRC CQE Summary (CQE Summary).

CRITICAL

Applies to

Post decree motion involving support

A movant must file an Ohio Supreme Court Affidavit of Income and Expenses with any post-decree motion involving support.

A movant shall also file an Ohio Supreme Court Affidavit of Income and Expenses (found on their website at https://www.supremecourt. ohio.gov/), form with any post- decree motion involving support.

CRITICAL

Applies to

Supporting affidavit

A supporting affidavit for temporary relief must contain enough evidence for the Court to determine the requested orders.

Supporting affidavits must contain sufficient evidence to allow the Court to make a determination regarding the orders requested.

CRITICAL

Applies to

Initial pleading motion or application

Each initial pleading, motion, or application must include the representative’s name and contact details, or similar information for an unrepresented filer, and the attorney’s Supreme Court registration number when applicable.

Each initial pleading, motion or application filed by the party shall bear the name, office address, telephone number, and email address of the attorney or law firm representing that party, if any, or similar information of the party filing the same if unrepresented, and the Supreme Court registration number of the attorney representing the party.

CRITICAL

Applies to

Brief

An appellant must transcribe and append the necessary portions of a videotape to the brief to demonstrate an assignment of error.

However, the appellant is obligated to transcribe and append to its brief the necessary portions of the videotape to demonstrate an assignment of error.

CRITICAL

Applies to

Temporary parental rights request

A request to name a temporary residential parent and legal custodian must provide for visitation or request its denial based on facts stated in the affidavit.

All requests that a party be named temporary residential parent and legal custodian must either provide for visitation or request that such be denied based upon facts set forth in the affidavit.

CRITICAL

Applies to

Journal entry

Unless the court directs otherwise, counsel for the prevailing party must prepare the journal entry within seven days and include instructions to the Clerk for service.

Unless the court otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered, shall within seven days thereafter prepare the proper journal entry and include instructions to the Clerk for service.

CRITICAL

Applies to

Initial action or post decree motion involving child support

An Ohio Supreme Court Affidavit of Health Insurance and a child support worksheet must be filed in any initial action or post-decree motion involving child support.

In any initial action or post-decree motion involving child support, an Ohio Supreme Court Affidavit of Health Insurance (found on the Ohio Supreme Court website https://www.supremecourt.ohio.gov/) and a child support worksheet shall be filed.

CRITICAL

Applies to

Pre trial motion

Pre-trial motions must be filed in accordance with Criminal Rule 12(C).

1. The assignment commissioner shall schedule all pre-trial motions, to be filed in accordance with Criminal Rule 12(C), and shall complete appropriate Journal Entry, to be prepared and distributed by movant's counsel.

CRITICAL

Applies to

Instructional letter

Counsel filing a dissolution action must provide the instructional letter to both parents.

Counsel filing dissolution of marriage actions shall provide a copy of the instructional letter to both parents to the action.

CRITICAL

Applies to

E filed document

A government agency or other entity not required to prepay must clearly identify in its e-filed documents that it is entitled to deferral or exemption from the required prepayments.

If a filer is a government agency or other entity from which pre-payments are not required by statute, rule or practice, the documents submitted for e-Filing by that filer must include a clear indication that they are filed by, or on behalf of, an agency or entity entitled to deferral of, or exemption from, the payment of deposits as security for costs or pre-payments that would otherwise be required in connection with the filing.

CRITICAL

Applies to

Separately filed exhibit

Must include

caption, case number

A separately filed exhibit must be accompanied by a cover page containing the full case caption and case number.

Exhibits that must be filed separately (ex: Commitment for Title Insurance - Preliminary/Final Judicial Report, miscellaneous exhibits accompanying a motion that exceed the filing size limitations, etc.) shall be accompanied with a cover page that contains the full case caption and case number of the

CRITICAL

Applies to

Summons

The summons must state that the restitution hearing starts at 1:30 p.m. in the assigned judge's courtroom on the third floor at the stated courthouse address.

The summons shall indicate that the restitution hearing will start at 1:30 p.m., and that the hearing will be located in the assigned Judge's courtroom located on the 3r floor, Athens County Courthouse, 1S. Court Street, Athens, Ohio 45701.

CRITICAL

Applies to

Proposed order

Proposed orders and entries must reference the specific motions to which they apply.

Proposed orders/entries may be submitted in either Portable Document Format (PDF) or a Microsoft Word compatible format (however they shall be submitted in whichever format requested Judge or Magistrate assigned to the case), and shall reference the specific motions to which they apply.

CRITICAL

Applies to

Child support order

An order that deviates from the Child Support Guidelines must include a finding of fact explaining the deviation.

If the order deviates from the Guidelines, the Court shall include a finding of fact to explain the deviation.

CRITICAL

Applies to

Proposed order

Each proposed order must identify the specific motion to which it applies.

Proposed orders shall be submitted in a Microsoft Word compatible format and shall reference the specific motions to which they apply.

CRITICAL

Applies to

Transcript request

The appellant must order in writing a complete transcript or the necessary portions, direct the request to the court reporter, and do so when filing the notice of appeal.

It is the appellant’s responsibility to order, in writing, a complete transcript, or a transcript of the parts of the proceedings the appellant considers necessary for inclusion in the record. The appellant must direct this request to the court reporter at the time of

CRITICAL

Applies to

Brief

Every party must file a brief.

Every party is required to file a brief.

CRITICAL

Applies to

Sealed document

A document to be sealed may be filed only after the sealing order has been signed and journalized.

A party shall file a document to be sealed only after an order sealing that document has been signed and journalized.

CRITICAL

Applies to

Dissolution petition divorce legal separation answer or counterclaim

An Ohio Supreme Court Affidavit of Income and Expenses must accompany specified dissolution, divorce, legal-separation, answer, or counterclaim filings, unless there is no support issue and the plaintiff or petitioner files a waiver.

An Ohio Supreme Court Affidavit of Income and Expenses (found on their website at https://www.supremecourt.ohio.gov/), shall accompany the filing of a dissolution petition, action for divorce, legal separation, or the filing of an answer or counterclaim to the aforementioned, unless no support issue is involved and the plaintiff or petitioner files a Waiver of the Financial Disclosure Affidavit.

CRITICAL

Applies to

Decree

Every decree involving children must be accompanied by a specific visitation/parenting time schedule.

Every decree involving children shall be accompanied by a specific visitation/parenting time schedule.

CRITICAL

Applies to

Notice of appeal

The notice of appeal must identify the appealing party, the judgment, and the appellate court, and use the trial-court case title.

The notice of appeal must specify the party taking the appeal, the judgment you are appealing, and the court to which you are appealing. The title of the case is the same as in the trial court. [App.R. 3(D)]

CRITICAL

Applies to

Petition

Must include

caption

A petition to remove personal and private information must contain the case caption.

The petition shall contain the caption of the particular case.

CRITICAL

Applies to

Notice of appeal

The notice of appeal must include a copy of the judgment entry or order being appealed.

A copy of the judgment entry or order which is being appealed must be attached to the notice of appeal.

CRITICAL

Applies to

Summons

The restitution hearing date in the summons must be the first available Thursday 14 days after the complaint is filed, or a later Thursday that is not a legal holiday.

The earliest date contained in the summons for the restitution hearing shall be either the first available Thursday 14 days after the filing of the complaint, or any Thursday thereafter that is not a legal holiday.

CRITICAL

Applies to

Transcript designation

Unless the entire transcript is included, the appellant must file and serve a transcript designation or state that no transcript or an alternative to a transcript is necessary.

Unless the entire transcript is to be included, the appellant must file with the clerk of the trial court and serve on the appellee a description of the parts of the transcript the appellant intends to include in the record, a statement that no transcript is necessary, or a statement that an alternative to a transcript is necessary.

CRITICAL

Applies to

Document submitted for e filing

Eligible government agencies and entities must include a clear statement of their fee-deferral or exemption status in documents submitted for e-filing.

If a filer is a government agency or other entity from which pre-payments are not required by statute, rule or practice, the documents submitted for e-Filing by that filer must include a clear indication that they are filed by, or on behalf of, an agency or entity entitled to deferral of, or exemption from, the payment of deposits as security for costs or pre-payments that would otherwise be required in connection with the filing.

CRITICAL

Applies to

Docket statement

The appellant or counsel must complete, serve, and file the docket statement when filing the notice of appeal.

Counsel for the appellant, or the appellant if pro se, must complete, serve, and file this docket statement at the time of filing the notice of appeal.

CRITICAL

Applies to

Domestic action involving parental rights shared parenting or visitation

In domestic actions involving parental-rights allocation, shared parenting, or visitation, both parties must file an affidavit complying with R.C. 3109.27.

In all domestic actions involving allocation of parental rights and responsibilities, shared parenting or visitation, both parties shall file an affidavit complying with R.C. Section 3109.27, copies of which shall be served on the opposing party as required by the Rules of Civil Procedure.

CRITICAL

Applies to

Stipulation or other document requiring multiple signatures

The filer must confirm in writing that all required signers accept the document’s contents and indicate their agreement in the document.

The filing party or attorney shall then confirm in writing that the contents of the document are acceptable to all persons required to sign the document. The filer will indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line.

CRITICAL

Applies to

Exhibits

Must include

caption, judge name, case number

Exhibits filed conventionally must include a cover page with the complete case caption, case number, assigned judge, and information identifying the filer by name and party designation.

Such exhibits shall be accompanied by a cover page that contains the complete caption of the case, the case number and the assigned judge, and shall provide other information identifying the name and party designation of the filer.

CRITICAL

Applies to

Instructional letter

At filing, the Clerk must provide counsel a copy of the instructional letter for delivery to the plaintiff or movant, and provide it to pro se litigants.

At the time of filing, the Clerk of Courts shall provide a copy of the instructional letter to counsel for delivery to the plaintiff or movant and to pro se litigants.

CRITICAL

Applies to

Statement praecipe notice to court reporter

The statement to the appellee form states the appellant’s intent to include a complete transcript of the trial proceedings in the record.

Defendant, C.D. hereby states that he intends to include in the record a complete transcript of the trial proceedings, including opening statements, evidence, and final arguments.

CRITICAL

Applies to

Notice of appeal

A timely notice of appeal must be filed with the trial court clerk.

You must file a timely notice of appeal with the clerk of the trial court. [App.R. 3(A)]

CRITICAL

Applies to

Motion to consolidate

When the filer is not a party to every case to be consolidated, the motion must include a note to the Clerk requesting that it be filed in the remaining cases.

In the event a filer is a party to one case that is to be consolidated but is not a party to the other case(s) to be consolidated, the motion to consolidate shall be filed electronically in the first case (or in all cases to which the filer is a party) and a note to the Clerk shall accompany that motion, requesting that the motion also be filed in the remaining case(s) to be consolidated.

CRITICAL

Applies to

Final entry or decree

Final entries or decrees in cases involving minor or dependent children must include the listed party information and child-related support, insurance, medical-expense, and parenting-time provisions, subject to the standard-schedule exception.

In addition to 24.10(A) 1 and 2 above, all cases involving minor or dependent children shall contain the follow1ng provisions in final entries or decrees: Each party's mailing address, social security number, and date of birth in the case caption; 2. A judgment for arrearages due on temporary support orders; All child support orders shall provide: a. A specific amount per month; b. That payments shall be made through the Ohio Child Support Payment Central (CSPC), P.O. Box 182394, Columbus, Ohio 43218; C. That the payor shall pay a processing charge; and d. For continued support for disabled children over eighteen (18) years of age, The date upon which the child support provision is effective. 4. Specific provision for health insurance and/or payment of medical expenses for minor or dependent children; 5. A specific visitation/parenting time schedule, unless the parties intend for the standard schedule, outlined in Local Rule 24.06, to control.

CRITICAL

Applies to

Agreed entry

An agreed entry creating or modifying a child or spousal support order must include both parties' mailing addresses and, when applicable, employer or bank-account information and payment frequency.

When submitting an agreed entry that either creates or modifies a child/spousal support order, the following information must be included: 1. Correct mailing addresses for both obligee and obligor; 2. If a withholding order will be issued, name and address of employer and frequency of pay; 3. If a bank account withdrawal order will be issued, name of bank, account number, and frequency of withdrawal.

CRITICAL

Applies to

Motion to consolidate

A motion to consolidate must be filed in every case that is to be consolidated.

Pursuant to our Local Rules, motions to consolidate must be filed in all cases that are to be consolidated.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a brief or memorandum stating its grounds and citing the authorities relied upon.

10.01 All motions shall be accompanied by a brief or memorandum stating the grounds thereof and citing the authorities relied upon.

CRITICAL

Applies to

Exhibit

Must include

caption

The separately filed exhibit must be marked as accompanying the proposed order and contain the case’s complete name and caption.

This exhibit shall be clearly marked as an exhibit accompanying the proposed order, even though filed as a separate document, and shall contain the complete name and caption of the case in which it is filed.

CRITICAL

Applies to

Precipe for service or publication

A copy of the printer-payment receipt must be submitted to the Clerk with the precipe, unless the party is declared indigent by court order.

These costs must be paid in advance to the printer and a copy of the receipt for said payment is to be submitted to the Clerk with the precipe for service and/or publication unless the party is declared indigent by Court order and therefore shall be exempted from this requirement.