Auglaize County Court of Common Pleas Document Filing Requirements

CRITICAL

Applies to

Attorney certification for affidavit of inability to pay costs

To seek the Court’s approval of an inability-to-pay affidavit, the party’s attorney must certify that no money was paid by the party and, after reasonable inquiry, the party cannot make the deposit.

To secure such approval, the attorney for the party desiring to file the affidavit shall certify that no monies have been paid to her by the party, and that to her best knowledge and belief, after reasonable inquiry has been made, the party is unable to make the deposit.

CRITICAL

Applies to

Journal entry confirming sale

A Journal Entry Confirming Sale must include all mortgage releases, certificates of judgment releases, and similar releases.

All Mortgage Releases, Certificate of Judgment Releases, etc. must be included in the Journal Entry Confirming Sale.

CRITICAL

Applies to

Special process server application

An application to become a Special Process Server must be supported by an affidavit stating the applicant’s contact information, age, service-related conflicts undertaking, and agreement to follow the applicable rules and court instructions.

(a) Application. A person may apply to be designated as a “Special Process Server” for cases filed in the court by filing an application supported by an affidavit setting forth the following information: (1) The name, address, and telephone number of the applicant (2) That the applicant is eighteen years of age or older (3) That the applicant agrees not to accept service of process on any case in which the applicant is a party or counsel for a party (4) That applicant agrees to follow the requirement of Civil Rule 4.1 through 4.6, any applicable local rules, and specific instruction for service as ordered by the Court in individual cases.

CRITICAL

Applies to

Special process server appointment order

A Special Process Server applicant must submit an order with the prescribed caption and appointment language, including authorization for a one-year term from filing.

(b) Order. The applicant requesting the designation shall submit an order captioned “In Re the Appointment of (name of applicant) As Standing Special Process Server” and stating the following: “It appearing to the Court that the Applicant is eligible for appointment as a Special Process Server, (name of applicant) is hereby designated a Special Process Server authorized to make service of process in all cases filed with the Court, and to serve one year from the filing of this Order.”

CRITICAL

Applies to

Special process server appointment order

The appointment order must be signed by the Administrative Judge and filed with the Clerk, who retains the originals; a file-stamped copy is accepted for one year, and the application costs $150.

(c) Filing. The order shall be signed by the Administrative Judge of the General Trial Division and shall be filed with the Clerk of Court who shall record the entry and retain the original Application and Order. For a one year period from filing, the Clerk shall accept a file-stamped copy of such order as satisfying the requirements of Civil Rule 4.1 for the designation by the Court as a person authorized to make service of process. The cost of filing this application is $150.00.

CRITICAL

Applies to

Pleading

Pleadings must include counsel’s name, address, and telephone number, the primary-responsibility attorney’s name when applicable, current addresses for all parties, and a legible original signature.

All such Pleadings shall contain the name, address and telephone number of counsel, the name of the attorney having primary responsibility for the case where counsel is a firm of attorneys or there is co-counsel and the current address of all parties to the action. All such pleadings shall contain a legible, original signature.

CRITICAL

Applies to

Fax-filed source document

The filer must retain the source document until the case is closed and all opportunities for post-judgment relief are exhausted.

(B) The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

CRITICAL

Applies to

Fax filing cover page

Must include

judge name, case number

Each fax filing must include a cover page with the specified court, case, document, transmission, filer, and cost-submission information, as applicable.

(A) The person filing a document by fax shall also provide therewith a cover page containing the following information: (See appendix for sample cover page form.) (1) the name of the court; (2) the title of the case; (3) the case number; (4) the assigned judge; (5) the title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’, Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); (6) the date of transmission; (7) the transmitting fax number; (8) an indication of the number of pages included in the transmission, including the cover page; (9) if a judge or case number has not been assigned, state that fact on the cover page; (10) the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and (11) if applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Pleading, motion, or other paper

Pleadings, motions, and other papers must be signed; the Clerk must reject unsigned filings, and the specified substitute signatures are insufficient.

The Clerk of this Court shall refuse to accept for filing any pleading, motion or other paper which is unsigned. A rubber stamp signature or the signature of an unidentified third-party not an attorney or party acting in a pro se capacity is not sufficient to satisfy Civil Rule 11.

CRITICAL

Applies to

Signed document filed by fax

A signed source document filed by fax must be transmitted either with the signature or with “/s/” and the signer’s name in the signature’s place.

(A) A party who wishes to file a signed source document by fax shall either: (1) fax a copy of the signed source document; or (2) fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.

CRITICAL

Applies to

Facsimile filed document

If an exhibit cannot be accurately transmitted by fax, an insert page describing the exhibit and why it is missing must replace it.

(A) Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Separately filed exhibit

Must include

caption

An exhibit filed separately in this manner must have a signed cover sheet with the specified case caption information and must be served under the rules for pleadings.

(B) Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss), and shall be singed and served in conformance with the rules governing the signing and service of pleadings in this court . (See appendix for sample exhibit cover sheet.)

CRITICAL

Applies to

Electronically filed document

The filer is solely responsible for removing metadata and non-public data before e-filing.

The filer is solely responsible for removing all metadata and non-public data from documents submitted for e-filing.

CRITICAL

Applies to

Proposed order

A proposed order or entry must be submitted and identify the specific motion it addresses.

A proposed order or proposed entry shall be submitted and reference the specific motion to which it applies.

CRITICAL

Applies to

Electronically filed document

E-filed documents must be signed.

Must be signed

CRITICAL

Applies to

Electronically filed document

Must include

certificate of service

E-filed documents must include a certificate of service.

Must include a certificate of service.

CRITICAL

Applies to

Electronically filed document

Electronic signatures must use the listed format, except that self-represented litigants need not provide an attorney bar number.

Signatures shall be in this format:  /s/ Attorney Name  Attorney Bar Number (unless self-represented litigant)  Firm name  Identity of party represented  Address  Telephone number  Fax number  E-mail address

CRITICAL

Applies to

Electronically filed document

Before filing a document with multiple signatures, the filer must confirm that the other signer agrees.

A document bearing more than one signature requires the filer to confirm agreement of the other signer before filing.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must state how each party was served and include the specified certification language, applicable service method, parties served, and service date.

The certificate must state the manner in which service was accomplished on each party to entitled. The certificate of service shall contain the following language: I hereby certify that I served the documents by process server, regular U.S. mail, commercial carrier, or electronic means (whichever is applicable) to the following (list of parties served) and the date served.

CRITICAL

Applies to

Judgment entry for continuance

After a continuance is granted, the applicant must prepare a judgment entry stating the reason, requesting attorney, and new certain date, which must first be obtained from the Assignment Commissioner.

If the request is granted, the applicant shall prepare a Judgment Entry which contains the reason for the Continuance, the name of the attorney who made the request and the new date certain to which the matter has been continued, which dates shall be first obtained from the Assignment Commissioner.

CRITICAL

Applies to

Pleading motion brief memorandum or argument

Must include

certificate of service

A certificate of service must be attached to the specified filings and include the names of those served and the date and manner of service.

Proof of service shall be by certificate of service attached to such Pleading of a Motion, Brief, Memorandum or Argument, and shall include the names of attorneys and/or parties served, and the date and manner of such service.

CRITICAL

The listed pretrial materials must address the facts, issues, legal authorities, witnesses, exhibits, settlement position, and estimated trial time; witness lists must go to the Court Reporter, and exhibits must be marked and exchanged with the Court and Court Reporter.

1.) A statement of the facts giving rise to the claim or defense, and/or counter-claim. 2.) A comprehensive statement of the issues involved. 3.) Propositions of law or positions supported by law with at least two (2) or three (3) authorities cited. 4.) List of and addresses of witnesses who will be appearing on behalf of the party, including a short statement of testimony of witnesses. Witness lists shall be furnished to the Court Reporter. 5.) A list of all demonstrative evidence or exhibits which will be offered on date of trial. Exhibits shall be marked, in accordance with Court Reporter’s instructions, and exhibits shall be exchanged with copies to Court and Court Reporter. 6.) A demand or offer for settlement. 7.) An estimate of trial time.

CRITICAL

After the Pre-trial Conference, the Pre-trial Judge must prepare an Order reflecting counsel’s stipulations and the Judge’s Orders, which controls further proceedings subject to Civil Rule 60.

(G) Following the Pre-trial Conference, the Pre-trial Judge will cause to be prepared an Order reflecting all matters stipulated by counsel and all Orders made by the Pre-trial Judge, and said Orders shall control further proceedings in the action subject to the provisions of Rule #60 of the Civil Rules.

CRITICAL

Applies to

Discovery statement

When discovery cannot be completed informally, the party seeking discovery must advise the Court in writing, and the filing statement must describe informal-resolution efforts, disputed matters, and conference details and participants.

(B) At such time as Discovery cannot be completed informally, the party seeking Discovery shall advise the Court in writing and file such Interrogatory requests, Motions, Applications and Protective Order requests as may be necessary or advisable to counsel for protecting the interests of their client. Such statements shall recite efforts made to resolve differences informally. In addition, such statements shall recite those matters that remain in dispute, and in addition, the date, time and place of such conferences, and names of all parties participating therein.

CRITICAL

Applies to

Discovery certificate

The discovery certificate must include the caption, discovery type, responding party, recipient counsel’s name and address, and mailing date.

Counsel demanding Discovery shall file with the Clerk of Courts a one (1) page certificate bearing the caption, the type of Discovery requested, the name of the party required to respond, the name and address of the counsel to whom the demand for Discovery was directed, and the date of mailing.

CRITICAL

Applies to

Video deposition

A written transcript of the testimony must accompany every video deposition.

All Video Depositions shall be filed no later than fourteen (14) days before trial and shall be accompanied by a written transcript of the testimony.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A motion for default judgment must include a proposed judgment entry.

All Motions for Default Judgment shall be accompanied by a proposed Judgment Entry.

CRITICAL

Applies to

Default judgment application

A default-judgment application must state whether moving counsel has been contacted by the defaulting party or counsel and, if so, the extent of that contact.

Said application shall recite that the moving counsel has not been contacted by the Defaulting party or counsel for the Defaulting party, or if such contact has been made, the extent to which such contact has been made.

CRITICAL

When a party defaults by failing to appear, the party seeking judgment must file an affidavit addressing the defaulting party’s military service, with an alternative affidavit required if the first cannot be filed.

In any action or proceeding commenced in this Court, if there shall be a Default of any appearance by any party, the party seeking Judgment shall file with the Court an affidavit setting forth facts showing the party in Default is not in the military service. If unable to file such affidavit, the party seeking Judgment shall in lieu thereof file an affidavit setting forth that the party in Default is either in the military service or the affiant is not able to determine whether or not such Defaulting party is in the service, so that before Judgment can be entered, further Civil proceedings shall be had pursuant to the Soldiers and Sailors Civil Relief Act (50 U.S.C. 520 et seq.).

CRITICAL

Applies to

Relief from judgment motion

A Civil Rule 60(B) motion must establish the listed grounds through evidentiary-quality operative facts, including a meritorious claim or defense, a qualifying ground for relief, reasonable timing, and presentation of a proper pleading with the motion.

No Motion for Relief from Judgment pursuant to Civil Rule #60(B) shall be granted by the Court unless the Movant has demonstrated the satisfaction of the Court by operative facts of evidentiary quality that: 1.) The Movant has a meritorious defense or claim to present if Relief is granted; 2.) The Movant is entitled to Relief under one of the grounds stated in Civil Rule #60(B)(1)(5); 3.) The Motion is made within a reasonable time; 4.) Such party in Default presents and offers to file a proper Pleading in the case together with the Motion for Relief.

CRITICAL

Applies to

Judgment entry

Judgment entries must be submitted with enough copies for each party or counsel; the Clerk will reject an entry lacking those copies and must serve a copy on each party or counsel immediately upon filing.

All such Entries shall be submitted to the Court with sufficient copies to provide each party with a copy thereof. The Clerk of Courts will not accept for filing any Judgment Entry unless it is accompanied by sufficient copies for each party or counsel in the cause, and the Clerk shall immediately, upon the filing of any such Entry, cause each party or counsel to be served a copy of such Entry.

CRITICAL

Applies to

Complaint or subsequent pleading

Must include

local rule certificate

When a judicial sale of real estate is contemplated, the party requesting the sale or their attorney must endorse the specified title-examination certification on the complaint or subsequent pleadings and state any interested parties not named.

In every action hereinafter filed, wherein a Judicial Sale of real estate is contemplated by the Complaint or subsequent Pleadings, the party praying for said sale or the attorney for the party praying for said sale shall endorse thereon the following certification: “The undersigned hereby certifies that an examination of the public records of _________________ County, Ohio, has been made to determine the ownership of subject real estate and all parties who may claim an interest therein, and that in the opinion of the undersigned all such parties have been named as parties to this action,” stating as exceptions any interested party not so named.

CRITICAL

Applies to

Sale decree certification

Must include

local rule certificate

When a decree orders a real-estate sale, the party requesting the sale or their attorney must provide the specified updated title-examination certification and state any additional parties not subject to lis pendens.

Upon any decree subsequently issued which orders the sale of real estate, the party or attorney having requested said sale shall further certify: “The undersigned hereby certifies that the examination of title to subject real estate has been extended to ___________________ (date of order of sale) to determine if any parties have acquired any interest therein subsequent to said previous examination and said examination discloses that in the opinion of the undersigned there are no such parties except parties to whom the doctrine of lis pendens applies,” also stating as further exceptions any such party not subject to lis pendens.

CRITICAL

Applies to

Receiver report

The Receiver’s report must include an inventory, appraisement, and account of receipts and expenditures to date.

Within two (2) months after her appointment, the Receiver shall report to the Court, submitting her inventory and appraisement and including her account of receipts and expenditures to date.

CRITICAL

Applies to

Receiver report

After the first report, the Receiver must file consecutively numbered semiannual reports with accounts of receipts and expenditures and a summary of future plans.

Semi-annually after filing the first report with inventory, appraisement and account, the Receiver shall file with the Clerk, consecutively numbered reports with accounts for approval by Entry by the Court as to all receipts and expenditures made by the Receiver during the reporting period, and a summary of plans for the future conduct of the Receivership.

CRITICAL

Applies to

Receiver report

Before a public or private sale of property appraised above $1,000, the Receiver must file a report showing expenditures incurred or expected before the sale.

In all Receiverships in which property appraised in excess of $1,000.00 is to be put up for public or private sale, the Receiver shall file in advance of such sale a report with the Court showing the amount of expenditures incurred or to be incurred prior to the time the sale is to be conducted.

CRITICAL

Applies to

Receiver fee application

A fee application must be filed for court approval and include specified work, financial, claim, and completion information; hearing notice must be sent personally or by mail to creditors or their attorneys unless the Court orders otherwise.

An application for payment of Receiver’s and counsel for Receiver’s fees (partial or final) shall be filed with the Clerk for approval by the Court. Written notice of the hearing on application for fees shall be submitted personally or by mail to all creditors or to their attorney of 37 ===== PAGE 38 ===== record, unless otherwise provided by Court Order. Such applications shall show time spent on enumerated items, amounts of money collected, disbursed and on hand, the status of secured and unsecured creditors’ claims, including amounts claimed, payments made thereon and balances due, and the estimate of the amount of time necessary to complete work by the Receivership and make final distribution.

CRITICAL

Applies to

Journal entry

A Journal Entry terminating a case or a party must order the record and include the phrase “Record is hereby ordered.”

Any Journal Entry that terminates a case or terminates a party, record shall be ordered and the Journal Entry must include, “Record is hereby ordered.”

CRITICAL

Applies to

Affidavit

Before seeking execution or garnishment on a money judgment against an individual, a party must file an affidavit stating whether the defendant is in military service or whether the party cannot determine that status.

In any action or proceeding in this Court in which a money Judgment has been obtained against an individual, no execution or garnishment shall be had to enforce the collection or satisfaction of such Judgment unless at the time such execution or garnishment is sought by any party, an affidavit shall be filed setting forth facts showing that the Defendant is not in the military service, or if unable to file such affidavit in lieu thereof, an affidavit setting forth either that the Defendant is in the military service or that such party is unable to determine whether or not such Defendant is in the military service.

CRITICAL

Applies to

Case caption

Must include

caption

The caption in an initially filed or reopened case must include each party’s name, address, date of birth, and last four Social Security number digits.

Upon the initial filing of any case or upon the re-opening of a closed file, the caption of each case shall contain the names, addresses, date of birth and the last four digits of the social security numbers of the parties.

CRITICAL

Applies to

Personal identifier sensitive information sheet

Counsel and parties must comply with Rule of Court 5.1 and provide a personal identifier/sensitive information sheet.

Counsel and the parties shall comply with Rule of Court 5.1 and provide a personal identifier/sensitive information sheet.

CRITICAL

Applies to

Iv application

In original cases and post-decree filings involving minor children, the parties must file a IV application with the Clerk of Court.

In original cases and in all post decree filings, involving minor children, the parties shall file a IV application (request for child support services) with the Clerk of Court.

CRITICAL

Applies to

Standard forms separation agreements judgment entries support worksheets and health cost orders

Counsel must submit an additional copy of the listed documents, which the Clerk forwards to the CSEA.

In addition to copies for service, a copy of all standard forms, separation agreements, Judgment Entries, support worksheets, and health cost orders shall be submitted by Counsel and the Clerk of Court shall forward a copy to the CSEA.

CRITICAL

Applies to

Applicable supreme court of ohio forms

Counsel or unrepresented parties in original or reopened domestic cases must file all applicable Supreme Court of Ohio forms; CSEA is exempt.

In all original or re-opened domestic cases counsel, or the parties, if not represented by counsel, shall file all forms APPLICABLE TO THE PROCEEDINGS AS HAVE BEEN ADOPTED BY THE Supreme Court of Ohio. CSEA is excepted from this requirement.

CRITICAL

Applies to

Complaint for divorce legal separation or annulment or petition for dissolution

Each listed divorce, separation, annulment, or dissolution filing must include a signed copy of the Court’s DR-SO standing orders and the Marital History Information Sheet.

All Complaints for Divorce, for Legal Separation or Annulment and Petitions for Dissolution shall be accompanied by a signed copy of the Court’s standing orders, DR- SO and the Marital History Information Sheet.

CRITICAL

Applies to

Specified domestic relations petition complaint or motion

The specified dissolution, divorce, separation, and support-related filings must include all completed affidavits adopted by the Supreme Court of Ohio; CSEA is exempt.

All Petitions for Dissolution, Complaints for Divorce, Complaints for Legal Separation and Motions involving Parental Rights and Responsibilities, Child Support or Spousal Support shall be accompanied by all completed affidavits as have been adopted by the Supreme Court of Ohio. CSEA is excepted from this requirement.

CRITICAL

Applies to

Child support worksheet

In domestic relations matters involving children, each party must file a statutory child support worksheet or both parties may file an agreed worksheet; in temporary-orders cases, it may be filed with the motion or request.

In all Domestic Relations matters involving children, a child support worksheet that complies with statute, must be filed by each of the parties or an agreed worksheet filed by both parties. In cases requesting Temporary Orders, such worksheet may be filed along with the Motion or request.

CRITICAL

Applies to

Child support worksheet

Any deviation from the standard child support guidelines must appear on the worksheet and be specifically stated, with reasons, in the Judgment Entry.

Any deviations from the standard child support guidelines must be reflected on the child support worksheet and must be specifically set forth in the Judgment Entry together with the reasons therefore.

CRITICAL

Applies to

Certificate of completion

The party or counsel of record must file a Certificate of Completion with the Court before the completion date stated in the notice.

upon registration. Upon completion of the program, it is the responsibility of the party or counsel of record to file a Certificate of Completion with the Court prior to the stated completion date indicated in notice sent to each party.

CRITICAL

Applies to

Dissolution petition

Dissolution petitions must include a written waiver of service, and must also include a written waiver of representation when one or both parties are unrepresented.

All petitions for dissolution shall be accompanied by a written Waiver of Service of Summons and where one or both parties are not represented by counsel, by a written Waiver of representation by counsel.

CRITICAL

Applies to

Dissolution petition

If there are unemancipated children, the dissolution petition must include a child support worksheet signed by both parties.

Where there are unemancipated children, the Petition for Dissolution shall be accompanied by a child support worksheet signed by both parties.

CRITICAL

Applies to

Final judgment entry

The final judgment entry must be prepared for the judge’s signature on the hearing date, with sufficient copies for filing and distribution.

Counsel, or the parties if not represented by counsel, shall have the final Judgment Entry prepared for the Judge’s signature on the day set for hearing together with sufficient copies for filing and distribution.

CRITICAL

Applies to

Temporary orders motion

A request for temporary orders must be a separately filed motion, apart from the Complaint or Answer, using Supreme Court of Ohio forms.

A request for temporary orders must be in the form of a motion filed separately from the Complaint or Answer, upon the forms required by the Supreme Court of Ohio.

CRITICAL

Applies to

Temporary orders motion

Every motion for temporary orders must include a sworn affidavit stating sufficient grounds for the requested relief.

All Motions for Temporary Orders must be accompanied by affidavit, sworn to absolutely and stating sufficient grounds for the relief requested.

CRITICAL

Applies to

Temporary spousal support affidavit

An affidavit supporting temporary spousal support must state the reasons for the request and specify both parties’ income and expenses.

An affidavit for temporary spousal support shall include the reasons for the request and shall include income and expenses of both parties with specificity.

CRITICAL

Applies to

Temporary parental rights allocation affidavit

An affidavit for temporary allocation of parental rights must specify the parties’ work schedules, primary caregiver, use of child care, and the relative mental, physical, and emotional health of the parties and children.

An affidavit for temporary allocation of parental rights and responsibilities must be specific and at a minimum set forth the work schedules of the parties, which party has been the primary caregiver, whether child care services are involved and the relative mental, physical and emotional health of the parties and children.

CRITICAL

Applies to

Temporary orders response

Responses to temporary-orders motions must be filed within fourteen days of service and completed on Supreme Court of Ohio forms.

Responses to Motions for Temporary Orders shall be filed within fourteen days of service and shall be completed on forms required by the Supreme Court of Ohio.

CRITICAL

Applies to

Request for oral hearing

A request for an oral hearing after a temporary order must be written, filed with the Clerk, and served on opposing counsel or an unrepresented opposing party.

Such request must be in writing, filed with the Clerk of Court and served on the opposing counsel or a party if no counsel has appeared.

CRITICAL

Applies to

Temporary restraining order motion

A motion for a temporary restraining order must include an affidavit stating the specific basis for the requested relief.

Motions for Temporary Restraining Orders as provided by the Ohio Rules of Civil Procedure relating to domestic relations cases shall be accompanied by affidavit setting forth the specific basis for the requested relief.

CRITICAL

Applies to

Emergency temporary order motion

An emergency temporary-order motion must state on its face that an emergency exists and that ex parte relief is requested.

A motion for an Emergency Temporary Order shall identify on its face that an emergency exists and the Order is being requested ex parte.

CRITICAL

Applies to

Judgment entry

Every judgment entry must state child support as a monthly amount.

All Judgment Entries shall state child support in a monthly amount. (see O.R.C. 3113).

CRITICAL

Applies to

Judgment entry

A judgment entry ordering a deviation from child support guidelines must state the reasons and best-interests basis and include a child support worksheet.

D. If a deviation from the child support guidelines is ordered, the Judgment Entry shall set forth the reasons for the deviation, that the deviation is in the best interests of the children and shall be accompanied by a child support worksheet.

CRITICAL

Applies to

Judgment entry

Judgment entries must direct child and spousal support payments through the Child Support Enforcement Agency with applicable fees and prohibit direct payments from the Obligor to the Obligee.

E. All Judgment Entries shall state that child support and spousal support shall be paid through the Child Support Enforcement Agency, along with the appropriate administrative fees. No direct payments shall be made by the Obligor to the Obligee.

CRITICAL

Applies to

Judgment entry

Judgment entries must include statutory wage-withholding language, including the specified identifying and employer information.

F. All Judgment Entries shall contain the appropriate language for wage withholding pursuant to statute, including last four digits of Social Security numbers, dates of birth and the complete names and addresses of employers.

CRITICAL

Applies to

Judgment entry

Unless already filed, a signed and completed IV-D Application must accompany each support judgment entry, and the Clerk must docket and forward it to the CSEA within 14 days after the entry is filed.

H. Unless previously filed, all Judgment Entries ordering support shall be accompanied by a signed and completed IV-D Application which the Clerk of Court shall docket and forward to the CSEA within fourteen (14) days of the filing of the Entry.

CRITICAL

Applies to

Judgment entry

All judgment entries must include the mandatory language in Appendix A or other language required by statute or the CSEA.

I. All Judgment Entries, in addition to the appropriate orders, shall contain the mandatory language found in Appendix A. or as otherwise required by statute or the CSEA.

CRITICAL

Applies to

Final entry

Final entries involving children must contain the statutory language concerning the children's health insurance.

A. All final entries involving children shall contain the necessary statutory language dealing with health insurance for the children of the parties.

CRITICAL

Applies to

Motion requesting appointment of a Guardian Ad Litem

Must include

proposed order

A motion to appoint a Guardian Ad Litem must be accompanied by a proposed DR-GAL judgment entry that leaves the proposed Guardian Ad Litem's name blank.

B. A proposed Judgment Entry (form DR-GAL) shall be submitted along with the motion and shall leave a blank for the name of the proposed Guardian Ad Litem.

CRITICAL

Applies to

Motion

A motion for a contempt citation must state its basis with particularity and include an affidavit setting out supporting facts.

Any motion requesting a citation in contempt shall state the basis for the contempt citation with particularity and be accompanied by an affidavit specifically setting forth the facts supporting the motion.

CRITICAL

Applies to

Show cause order

A show-cause order containing hearing notice must accompany the contempt-citation motion and be submitted to the Judge’s Office when the motion is filed.

A show cause order shall contain notice of hearing and shall accompany any motion filed requesting citation in contempt. The same shall be submitted to the Judge’s Office with the filing of the motion in order that a date may be provided by the Court.

CRITICAL

Applies to

Petition for conciliation

A conciliation petition must substantially comply with the cited statute and be filed in the pending domestic relations matter.

Any party may, pursuant to O.R.C. sec. 3117.05, file a petition for conciliation. Said petition shall be in substantial compliance with O.R.C. sec. 3117.05(B) (see suggested form DR- Conciliation) and shall be filed in the pending domestic relations matter.

CRITICAL

Applies to

Petition or motion for civil protection order

Petitions and motions for a civil protection order must include the parties’ full names and addresses and the specified physical description of the subject of the order.

All petitions or motions must contain the full name and addresses of the parties, the physical description of the subject of the order including height, weight, hair color, eye color, race and sex.

CRITICAL

Applies to

Mediator appointment materials

Before appointment, a mediator’s certificate of completion, statement of qualifications, and fee schedule must be filed with the Court.

A certificate of completion, statement of qualifications and fee schedule shall be filed with the Court before a particular mediator will be appointed by the Court.

CRITICAL

Applies to

Final order

Every final order must have a child support worksheet attached and include the child support language.

All final orders will have a child support worksheet attached and the child support language incorporated into the final order.

CRITICAL

Applies to

Transcript request motion

A motion requesting transcription must request an estimated transcript cost from the Court Reporter.

The Motion shall request an estimated cost of the transcript from the Court Reporter.

CRITICAL

Applies to

Transcript request motion

A transcription motion must identify the testimony to be transcribed.

The Motion shall further set forth the testimony to be transcribed.

CRITICAL

Pro hac vice counsel must promptly register and comply with Rule XII, then certify that compliance to the Court as soon as practicable.

Counsel shall forthwith register and fully comply with said Rule XII, and shall certify the same to this Court as soon as practicable.

CRITICAL

Applies to

Bankruptcy notice

The bankruptcy Notice of Filing must include the stay order or other appropriate documentation confirming the filing and its date.

Whenever any party to an action pending in this Court files bankruptcy, the attorney of record or the party, if acting in a pro se capacity shall, within fifteen (15) days after filing bankruptcy, file written Notice of Filing with the Clerk of this Court. Such Notice shall include a copy of the Order Staying State Court actions or other appropriate documentation confirming and giving the date of such filing.

CRITICAL

Applies to

Work release application

A work-release application calls for copies of the listed employment and identification documents, with identifiers deleted where specified, and a current auto-insurance card if applicable.

2. Defendant has attached hereto a copy of his current pay stub (identifiers deleted), a copy of his most recent time card (Y or N), a copy of his valid Ohio Driver’s License (identifiers deleted) (valid Y or N), a copy of his valid health insurance card (identifiers deleted) (valid Y or N), and if applicable a copy of his current valid auto insurance card.

CRITICAL

Applies to

Work release application

The work-release application requires the defendant to declare that the information is true and accurate, subject to criminal penalties for falsification.

I declare that the above information is true and accurate subject to criminal penalties for falsifying any of this information.

CRITICAL

Applies to

Proposed findings conclusions

A party requesting separate findings under Civil Rule 52 must submit a statement of proposed findings of fact and conclusions of law.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civil Rule #52, the party requesting such statement shall within five (5) days after receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law

CRITICAL

Applies to

Proposed findings conclusions

Opposing counsel must submit proposed findings of fact and conclusions of law in response to the requesting party’s proposals.

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

CRITICAL

Applies to

Motion

A party moving for dismissal under Civil Rule 41(B)(2) must submit written proposed findings and conclusions with the motion.

A party moving for dismissal pursuant to Civil Rule #41(B)(2) shall submit to the Court proposed findings of fact and conclusions of law in writing together with his Motion for Dismissal.

CRITICAL

Applies to

Petition for cqe

A petitioner must complete the DRC online petition process and file Form A with the Clerk of Courts to request a CQE.

In order to request a CQE, the Petition for Certificate of Qualification for Employment (RC 2953.25) [Form A] shall be filed with the Clerk of Courts by the Petitioner, after completing the petition process online through the DRC (www.drccqe.com).

CRITICAL

Applies to

Petition for cqe

A CQE petition must provide the DRC Electronic Petition Number and include a printed electronic-filing receipt; a petition lacking these materials may be stricken and not considered.

The Petitioner shall provide the DRC Electronic Petition Number and attach a printed receipt of electronic filing. Any Petition submitted to the Clerk without the DRC Electronic Petition Number and attached printed receipt of electronic filing and without the Department of Rehabilitation and Corrections CQE Summary (CQE Summary) shall be stricken and not be considered by the Court.

CRITICAL

Applies to

Petition for cqe

Every CQE petition must include the DRC CQE Summary; a petition lacking the required summary may be stricken and not considered.

All Petitions shall be accompanied by the Department of Rehabilitation and Corrections CQE Summary (CQE Summary). Any Petition submitted to the Clerk without the DRC Electronic Petition Number and attached printed receipt of electronic filing and without the Department of Rehabilitation and Corrections CQE Summary (CQE Summary) shall be stricken and not be considered by the Court.

CRITICAL

Applies to

Affidavit of indigency

An Affidavit of Indigency submitted to support a filing-fee reduction must be provided to the Court for approval before the petition is filed.

Said Affidavit of Indigency shall be submitted to the Court for approval prior to the filing of petition.

CRITICAL

Applies to

Complaint

Complaints alleging unruly, delinquent, or tobacco-offender status must be screened and filed through the Prosecuting Attorney’s Office, endorsed regarding diversion eligibility, and accompanied by a Juvenile Arrest Report.

Complaints alleging a child to be unruly, delinquent or tobacco offender must be screened and filed through the office of the Prosecuting Attorney. Said complaints will bear the Prosecuting Attorney’s endorsement as to whether the child is eligible for diversion and must be accompanied by a Juvenile Arrest Report.

CRITICAL

Applies to

Complaint

Transferred complaints must be processed like locally filed complaints, reviewed for diversion eligibility, and endorsed by the Prosecuting Attorney before a summons issues.

Complaints received upon transfer from other jurisdictions shall be filed and processed in the same manner as if originally filed herein and shall be reviewed by the Prosecuting Attorney as to eligibility for diversion. Summons shall not issue until the Prosecuting Attorney has endorsed the Complaint with regard to appropriateness for diversion.

CRITICAL

Applies to

Complaint

A juvenile traffic offender complaint must have a juvenile arrest report or another statement of facts attached.

All Complaints alleging a child to be a juvenile traffic offender shall have a juvenile arrest report or other statement of facts attached.

CRITICAL

Applies to

Complaint

If the traffic offense resulted in an accident, the complaint must include the accident report and the child’s previous traffic record.

If an accident occurred as a result of the traffic offense, a copy of the accident report shall be attached along with a copy of the child’s previous traffic record.

CRITICAL

Applies to

Joinder motion

Emergency ex parte joinder may be sought if a motion and affidavit demonstrate a need.

Joinder may be made on an emergency, ex parte basis if supported by motion and affidavit demonstrating a need.

CRITICAL

Applies to

Parentage or custody action

Completed Uniform Domestic Relations Forms must be filed with the action, but may be modified to fit the parties’ circumstances.

At time of filing, completed Uniform Domestic relations Forms must be filed. The Forms may be modified to fit the circumstances of the parties.

CRITICAL

Applies to

Proof of insurance

Proof of insurance meeting the legal requirements as of the violation date must be shown at any Court appearance or whenever the Court directs.

Proof of insurance, as of the date of the traffic violation and in the amounts required by law, is required to be shown, at the time of any Court appearance and at any other time the Court directs.

WARNING

Applies to

Journal entry confirming sale

Adding a release or other filing after court costs are calculated invalidates the proposed Journal Entry, which the Clerk will return for correction before submission to the Judge.

Any release added or any additional documents that are to be filed after the Court Costs are figured will invalidate the proposed Journal Entry and it will be returned by the Clerk to the sender for correction before submitting it to the Judge for signature and filing.

WARNING

Applies to

Journal entry

Journal Entries should award judgment for costs where applicable, including attorney fees when pronounced.

All Journal Entries should award Judgment for Costs where applicable, including attorney fees where so pronounced.

WARNING

Applies to

Signed document filed by fax

By filing a signed document by fax, the party represents that the physically signed source document is in her possession or control.

(B) A party who files a signed document by fax represents that the physically signed source document is in her possession or control.

WARNING

Applies to

Missing exhibit

Failure to file missing exhibits as required may result in the court striking the document or exhibit.

Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit.

WARNING

Applies to

Facsimile filing cover page

* If a Judge or case number has not been assigned, please state that fact in the space provided.

* If a Judge or case number has not been assigned, please state that fact in the space provided.

WARNING

Applies to

Scheduling conference statement

Scheduling conference statements need not be filed unless the Court specifically directs it; if ordered, they must cover the matters in paragraph (D).

Scheduling Conference Statements need not be filed unless specifically directed by the Court. In the event such order is made, the statement will cover the matters set forth in paragraph (D) below.

WARNING

Applies to

Judgment entry

Court costs must be specifically assessed to one party or jointly to both; normally, costs are assessed to deposits and then divided equally unless otherwise ordered.

All Court costs shall be specifically assessed to either party or jointly to both parties. Costs will normally be assessed to deposits and then divided equally by the parties unless otherwise order.

WARNING

Applies to

Final entry

For final entries requiring withholding, counsel must check with the Child Support Enforcement Agency for the appropriate language.

1. Language to be added to all Final Entries requiring withholding: Check with the Child Support Enforcement Agency to get the appropriate language.

WARNING

Applies to

Qdro

A QDRO should include the stated language preserving the Court's jurisdiction to correct a defect in its wording.

“The intent of this Order is to fairly distribute to the alternate payee his or her share of the marital portion of the retirement plan. In the event that there is a defect in the wording of the QDRO which precludes that intended outcome, the Court retains jurisdiction to modify the QDRO as to form.”

WARNING

Applies to

Judgment entry

A judgment entry ordering a real estate transfer should include the stated transfer language and property description.

“It is ORDERED that (name of party) is divested of all right, title and interest in the real property described as follows: (insert real estate description) It is further ORDERED that (name of party) is hereby vested with all right, title and interest to said real estate and the Auditor and Recorder of this County are ORDERED to accept this entry as transferal of said interest and to transfer said real property on its books and records.”