Athens County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Complaint

The face of the complaint must state generally the type or kind of action.

Upon the face of the complaint there shall appear a general statement as to the type or kind of action.

CRITICAL

Applies to

Subsequent motion or filing

All motions and filings after consolidation must be filed in every consolidated case.

All motions/filings subsequent to a consolidation must be filed in all cases that have been consolidated.

CRITICAL

Applies to

Notice of decision

The Clerk must serve the petitioner with written notice of the decision and judgment entry; if the petition is denied, the notice must state any conditions on subsequent filings and that a final appealable order has been filed.

The Clerk shall serve a written notice on the Petitioner of the Court's Decision and Judgement Entry. If denied, the notice shall include conditions, if any, placed on subsequent filings and language that a final appealable order has been filed.

CRITICAL

Applies to

Notice of appeal

The notice of appeal includes the signer’s certification that the judgment is final and appealable.

The party signing this notice certifies that the judgment appealed is final and appealable as defined in R.C. 2505.02 and Civ.R. 54(B).

CRITICAL

Applies to

Transcript and extension request

A party seeking a transcript must file a written extension request and a transcript request.

Any party wishing to have a transcript of proceedings before the Magistrate must file a written request for an extension of time within which to file objections and a request for a transcript within the fourteen (14) day time period permitted for the filing of objections.

CRITICAL

Applies to

First pleading adding new party

The caption of the first pleading adding a new party must give the new party’s name and address and identify the party as a new plaintiff or defendant.

When a new party plaintiff or defendant is added to a case after the commencement thereof, the caption of the first pleading in which or after which such new party is added shall contain the name of such new party, together with his, her, or its address followed by the specific designation of new party plaintiff or new party defendant as is applicable.

CRITICAL

Applies to

Pleading motion or application

Must include

judge name

After assignment to an individual judge, the judge's name must be typed in the caption.

After a case has been assigned to an individual judge, thereafter the Judge's name shall be typed in the caption.

CRITICAL

Applies to

Appellant brief

The appellant’s brief must include the specified contents, including tables, assignments of error, issues, case and fact statements, argument, and conclusion.

The appellant’s brief must include: (1) a table of contents with page references; (2) a table of authorities alphabetically arranged and with references to the pages of the brief where cited; (3) a statement of the assignments of error presented for review; (4) a statement of the issues presented for review; (5) a statement of the case; (6) a statement of the facts; (7) an argument; and (8) a conclusion.

CRITICAL

Applies to

Proposed order and entry

A proposed order or entry submitted as a Word document must include one of the specified Court signature placeholders or it will be rejected.

Because proposed orders and entries submitted via the Court's e-Filing System may be documents signed electronically, the document must be a Microsoft Word document (doc or docx) and the signature line for the Court must have typed on it <{Magistrate Signature}> or <{Judge Signature}> or the submitted document will be rejected.

CRITICAL

Applies to

Proposed order

A proposed e-filed order for a Judge’s or Magistrate’s signature must contain the specified signature placeholder at the location where the signature line would normally appear, or it will be rejected.

Word docs shall contain the exact following phrase for any proposed e-Filed order for the Judge or Magistrate's signature as follows: ‹{Judge Signature}> or <{Magistrate Signature}> where the Judge's/Magistrate's signature line would normally be located. If this is not on your proposed order it will be rejected.

WARNING

Applies to

Transcript request

If requesting less than a complete transcript, indicate which portions should be transcribed.

If a complete transcript is not required, however, you will need to indicate what portions you want transcribed.

WARNING

Applies to

Jury panel background information

To reduce the time required for voir dire, basic background information regarding panel members shall be made available to counsel in writing for each party prior to the beginning of jury selection.

To reduce the time required for voir dire, basic background information regarding panel members shall be made available to counsel in writing for each party prior to the beginning of jury selection.

WARNING

Applies to

Stay request

A stay may be conditioned upon the filing of a bond or other appropriate security in the trial court.

A stay may be conditioned upon the filing of a bond or other appropriate security in the trial court.

WARNING

Applies to

Final pretrial statement

Parties may use their own forms, but should include the requested information in the final pretrial statement.

*Parties may use their own forms but they should include the information requested herein

WARNING

Applies to

Jury questionnaire

The questionnaire must facilitate quick and accurate screening and request only information essential to eligibility, basic voir dire background, and efficient jury-system management.

The questionnaire shall be phrased and organized so as to facilitate quick and accurate screening and shall request only that information essential for: 1. Determining whether a person meets the criteria for eligibility; 2. Providing basic background information ordinarily sought during voir examination; and 3. Efficiently managing the jury system.

WARNING

Applies to

Application to delay filing fee

A request to delay prepayment requires presentation of Local Forms DR-1 and DR-2 and an affidavit from the applicant's attorney meeting the stated conditions.

E) A party may request the court to DELAY the prepayment of the filing fee by the following procedure: (1) Present a Financial Disclosure/ Affidavit of Indigency and Order (Local Form DR-1) and Application to Delay Payment of Required Filing Fee (Local Form DR-2) to the Domestic Relations Magistrate for review and 2) Cause applicant's attorney to present an affidavit that said attorney has not received any funds from the applicant as attorney fees or is a LEGAL AID OF SOUTHEAST AND CENTRAL OHIO "Reduced Fee Panel Attorney;"

WARNING

Applies to

Notice of appeal

You should provide the clerk of the trial court with the original notice, 4 copies for the Court, and a copy for every party to the appeal.

You should provide the clerk of the trial court with the original notice, 4 copies for the Court, and a copy for every party to the appeal.

WARNING

Applies to

Jury summons

The summons must clearly explain how and when the recipient must respond and the consequences of failing to respond.

When the questionnaires are returned, a summons clearly explaining how and when the recipient must respond and the consequences of a failure to respond shall be mailed to the eligible prospective jurors.

WARNING

Applies to

Pretrial statement

Must include

certificate of service

The Pretrial Statement form includes a Certificate of Service stating that a copy was sent by regular U.S. Mail to the opposing party, with sender information and a signature.

CERTICIATE OF SERVICE I hereby certify that on the day of , 20_ _ a copy of the foregoing Pretrial Statement was sent by regular U.S. Mail to the opposing party: (Insert Information of attorney or party sending this information to below) Name: Address:_ Signed by Attorney or Name of Party (If Representing Themselves)

WARNING

Applies to

Voir dire record

Voir dire must be on the record in criminal cases and in civil cases unless the parties waive that requirement.

In criminal cases, the voir dire process shall be held on the record. In civil cases, the voir dire process shall be held on the record unless waived by the parties.

WARNING

Applies to

Pretrial statement

The pretrial statement form requests the listed information, including a child-support worksheet and visitation schedule when relevant and payee/payor information if spousal support is requested.

8. If relevant, suggested child support level and visitation schedule - attach copy of child support computation worksheet per child support guidelines and suggested visitation schedule: 9. If spousal support requested, needs of payee and ability of payor to meet request: 10. Suggested property division: 11. List of personal and real property, including fair market value, appraised value, deeds, legal description, etc.: 12. Estimated length of trial:

WARNING

Applies to

Mediation case summary

Attorneys may submit a Mediation Case Summary at their option but must submit one when specifically required by the judge or magistrate; it should include applicable facts, legal issues, discovery status, damages, and settlement efforts.

Attorneys may, at their option, or mușt if required on a specific case by the judge and/or magistrate, submit a Mediation Case Summary to the Mediator which shall contain the following: Insert applicable provisions, such as: a. Summary or material facts. b. Summary of legal issues. c. Status of discovery. d. List special damages and summarize injuries or damages. e. Settlement attempts to date, including demands and offers.

WARNING

Applies to

Opening brief

A party requesting oral argument must prominently state “ORAL ARGUMENT REQUESTED” on the opening brief’s cover page.

Each party must request oral argument on the cover page of the opening brief by prominently stating “ORAL ARGUMENT REQUESTED.”

WARNING

Applies to

Jury service notice and questionnaire

The jury-service notice and questionnaire must be phrased so that someone unfamiliar with legal and jury systems can readily understand them.

2. Phrased so to be readily understood by and individual unfamiliar with the legal and jury systems;

WARNING

Applies to

Domestic relations forms

The listed previous domestic-relations forms are stricken from the Local Rules.

(B) All previous domestic relations forms DR1, DR2, DR3, DR4, Child Support Worksheet A, Child Support Worksheet B, Pre-trial Form 1, and Pre-Trial Form 2 are hereby stricken from the Local Rules.

WARNING

Applies to

Jury service excuse or deferral request and disposition

Requests for jury-service excuses and deferrals and their dispositions must be documented or recorded.

Requests for excuses and deferrals and their disposition shall be written or otherwise made or recorded.

WARNING

Applies to

Form

Forms used for other courts or counties must be revised to reflect the appropriate court and county designations.

name Scioto County as the county of origin. Therefore, appropriate changes in the designation of the court and county will be necessary when used for other courts and counties.

WARNING

Applies to

Proof of service

The proof-of-service form records the delivery date and method, identifies the opposing counsel or self-represented party served, and identifies the attorney or party certifying service.

PROOF OF SERVICE I hereby certify that on the _ _ day of → 20_ copy of the foregoing Pretrial Statement was delivered by regular U.S. Mail/Other Method (Specify: _ to: (Name and Address of opposing counsel or Party if representing themselves) Attorney or Party If Representing Themselves

INFO

Applies to

Reply brief

If the appellee requests oral argument on the appellee’s brief cover, the appellant may request it on the reply brief cover.

If the appellee requests oral argument on the cover of the appellee’s brief, the appellant may request oral argument on the cover of the reply brief.

INFO

Applies to

Electronically filed document

A conformed signature on an electronically filed document submitted using the attorney's or filer's unique username and password is deemed a legal signature for applicable signature requirements.

The conformed signature on an electronically filed document, submitted through the use of the attorney's/filer's unique username and password, is deemed to constitute a legal signature on the document for purposes of the signature requirements imposed by the Ohio Rules of Superintendence, Rules of Civil Procedure, and/or any other law.

CRITICAL

Unless a full transcript is ordered, file a written designation stating what transcript or alternative will be provided and, if no complete transcript is ordered, file proposed assignments of error separately from the docket statement.

Unless the appellant orders a full transcript, in addition to the notice of appeal you must file a designation in writing stating (1) if a partial transcript is ordered, what parts are or-dered, (2) a transcript of proceedings will not be filed, or (3) an alternative to the transcript (i.e., a statement of proceedings or an agreed statement pursuant to App.R. 9) will be filed. If you do not order a complete transcript, the appellant must also file proposed assignments of error on a document separate from the docket statement. If you request a full transcript, there is no need to file the designation or assignments of error. [App.R. 9(B)]