Butler County Court of Common Pleas, General Division Document Filing Requirements
126 rules from official source documents
Required elements, certificates, and structural requirements for court documents. This page is scoped to Butler County Court of Common Pleas, General Division; use the court rules overview to switch categories without leaving this court.
- Applies to
- Motion to seal
- Must include
- caption, case number
Counsel seeking to seal a document, documents, or a case file must file a motion, submit a proposed entry, and provide the trial judge a courtesy copy of the motion.
(A) Counsel requesting the sealing of a document or documents or case file shall file a motion and shall submit a proposed entry and provide a courtesy copy of the motion to the trial judge.
- Applies to
- Notice of filing of attachments
- Must include
- caption
A document containing separately submitted attachments to a proposed entry must bear the specified notice title and be filed concurrently with the motion and proposed order or entry.
This document shall be entitled “Notice of Filing of Attachments to [Name of Entry]” and shall be filed concurrently with the motion and proposed order/entry.
- Applies to
- Transcript request
A transcript must be ordered by submitting the court-approved Transcript Request form or a written request containing all required information, and no transcript will be prepared without such a request.
(5) A transcript is ordered by submitting a written request on the court-approved form entitled, “Transcript Request,” or a request that contains all the required information to the Manager, who will assign the Identified Agency, or an Assistant Reporter to prepare the transcript. No transcript will be prepared without the submission of such request.
- Applies to
- Appellate transcript
Transcripts for appellate purposes must comply with the Appellate Rules and the Twelfth District Court of Appeals scheduling order.
(8) Transcripts for appellate purposes shall be prepared in accordance with Appellate Rules and the scheduling order issued by the Twelfth District Court of Appeals.
- Applies to
- Transcript
Except in capital murder cases and absent a specific request, transcripts must exclude previously transcribed video depositions, scheduling conferences, and probable cause hearings.
(9) With the exception of capital murder cases – absent a specific request -- transcripts shall not include video depositions previously transcribed by the videographer’s court reporter, scheduling conferences, or probable cause hearings.
- Applies to
- Transcript
The originals of all transcripts must be filed with the Clerk of Courts and stored on a limited-access server.
(10) The originals of all transcripts shall be filed with the Clerk of Courts and stored on a limited access server.
- Applies to
- Motion to withdraw
The motion to withdraw must state the reasons for withdrawal, attach necessary documentation, and identify the hearing time and date.
(2) File a motion to withdraw setting forth the reasons for withdrawal, attaching any necessary documentation and indicating the time and date of the hearing on the motion.
- Applies to
- Notice to client
Counsel seeking permission to withdraw must notify the client in writing of the hearing requirement and the possible sanctions for nonappearance.
(4) Counsel requesting permission to withdraw shall notify his or her client in writing that the client must be present at the hearing and that if the client fails to appear at the hearing, the Court may order appropriate sanctions, including a default judgment, an order of dismissal of the suit or such other order as may be just and proper under the circumstances.
- Applies to
- Proposed order
A proposed order or entry that has separately submitted attachments must include language incorporating those attachments by reference.
Any proposed order/entry requiring attachments shall include language that incorporates the attachments into the order/entry by reference.
- Applies to
- Electronic filing
An electronically submitted document requiring an attorney’s or submitter’s signature must use the conformed signature format “/s/ (name),” unless it is a hand-signed scanned PDF.
Any document submitted electronically with the Clerk that requires an attorney’s or a submitter’s signature (other than hand-signed documents scanned in PDF format) shall be signed with a conformed signature of “/s/ (name).”
- Applies to
- Document requiring multiple signatures
When multiple signatures are required, the submitting attorney or party must indicate the agreement of all other required counsel and parties at the appropriate signature location.
The submitter shall indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line.
- Applies to
- Document requiring multiple signatures
An electronic document requiring multiple signatures must identify each additional signatory using the stated per-written-authorization signature format.
The submitting party or attorney shall then submit the document electronically, identifying all of the other signatories as follows: “/s/ Jane Doe, per written authorization, by John Smith,” etc.
- Applies to
- Initial complaint
An electronically filed complaint or third-party complaint must be accompanied by service instructions, after which the Clerk issues a summons and serves the pleading accordingly.
(E) Filing of Initial Pleadings. Consistent with the Ohio Rules of Civil Procedure, when any complaint or third-party complaint is submitted for electronic filing, the filing party shall also file instructions for service and the Clerk shall issue a summons and serve the complaint or third-party complaint according to such instructions.
- Applies to
- Complaint
A complaint in a special-circumstance case identified by the rule must be accompanied by a filed Docket Statement using Appendix C.
If either of the following circumstances is present, a complaint shall be accompanied by a filed Docket Statement, Appendix C, and shall be further subject to the provisions of this rule:
- Applies to
- Complaint
A refiled case's complaint caption must state that it is a refiling and include the prior case number and assigned judge.
In order to facilitate such transfer, a refiled case shall state in the caption of the complaint that it is a refiling of a prior case and include both the prior case number and assigned judge. (See Appendix C.)
- Applies to
- Notice of appearance
- Must include
- caption, case number
Every counsel or self-represented party must file an Appendix D Notice of Appearance containing the applicable identity, contact, representation, and appearance-limitation information.
(A) Counsel, or individuals representing themselves, in all cases shall file a Notice of Appearance form, Appendix D, which shall contain the following (to the extent applicable): (1) attorney's name, or self-represented party’s name, and signature; (2) Supreme Court registration number; (3) address; (4) telephone number; (5) fax number; (6) e-mail address; (7) party or parties attorney represents; and, (8) limitations on appearance, if any.
- Applies to
- Notice of appearance
A changed Notice of Appearance detail, including an attorney or address change, must be reported immediately through a new notice.
(B) Information set forth in the initial Notice of Appearance which is subsequently changed, such as attorney or address, shall be reported immediately by the filing of a new Notice of Appearance.
- Applies to
- Notice of appearance
Each attorney of record must submit a separate Notice of Appearance when a party has multiple attorneys.
(C) In cases where a party is represented by more than one attorney, a separate Notice of Appearance form shall be submitted for each attorney of record.
- Applies to
- All filings
- Must include
- certificate of service
Every filing must include a properly signed certificate of service stating the service date and method and the name and applicable service contact information for each recipient.
(A) The certificate of service on all filings shall state the date and manner of service designating whether it was sent by certified mail, ordinary mail, facsimile transmission, e-mail or by hand delivery. In addition, the certificate shall state the name, business address, and fax number or e- mail address (if used) for service of each attorney or party to whom the filing is directed and shall be signed in accordance with Civil Rules.
- Applies to
- Motion judgment or order
- Must include
- caption
The caption of every motion, judgment, or order must identify the affected parties and requested action sufficiently for the Clerk to create the docket entry.
Therefore, the caption of a motion, judgment or order shall specifically state the parties affected and the requested action.
- Applies to
- Publication affidavit
The publication affidavit must state why summons cannot be served personally, describe all efforts to locate the party, and assert that the residence cannot be found with reasonable diligence.
The affidavit shall aver that service of summons cannot be made because the residence of the party to be served is unknown to the affiant, all of the efforts made on behalf of the party to ascertain the residence of the party to be served, and that the residence of the party to be served cannot be ascertained with reasonable diligence.
- Applies to
- Post publication affidavit
After publication's last date, the requesting party must file an affidavit of publication, a copy of the publication notice, and proof that publication costs were paid.
After the last date of publication, the requesting party shall file with the Clerk of Courts an affidavit showing the fact of publication, together with a copy of the notice of publication and proof that publication costs were paid.
- Applies to
- Motion
A motion for default judgment must include the date summons was served on each party against whom judgment is sought.
All motions for default judgment and all proposed orders granting default judgment shall include the date of service of summons upon each party against whom judgment is being sought or granted.
- Applies to
- Judicial sale action
Within 14 days after filing the complaint or other pleading requesting a judicial real-estate sale, the requesting party must file either a preliminary judicial report or an owner’s title-insurance policy commitment.
In every action demanding a judicial sale of real estate, the party requesting the sale shall, not later than 14 days after the filing the complaint (or other pleading requesting the sale), file either a preliminary judicial report or a commitment for an owner’s fee policy of title insurance.
- Applies to
- Order or judgment authorizing judicial real estate sale
A party that filed a preliminary judicial report must file a final judicial report before submitting an order or judgment authorizing the judicial sale.
Prior to submitting any order or judgment that orders the judicial sale of real estate, a party who filed a preliminary judicial report shall also file a final judicial report.
- Applies to
- Legal description of real estate subject to judicial sale
A real-estate legal description in a judicial-sale action must include the parcel number and indicate the Butler County Engineer’s approval for conveyance purposes.
Every legal description of real estate subject to judicial sale shall include the parcel number and indicate that the Butler County Engineer has approved the legal description as being sufficient for conveyance purposes.
- Applies to
- Judicial sale real estate filing
Every complaint, preliminary judicial report or title commitment, and judgment entry in a judicial real-estate sale must include an engineer-approved description.
A party requesting judicial sale of real estate shall include an engineer- approved description in every complaint, preliminary judicial report or title commitment, and judgment entry, including confirmation of sale and distribution orders.
- Applies to
- Affidavit of account
Senior lienholders must file affidavits of account when a junior lienholder seeks default or summary judgment, unless a foreclosure decree has already been awarded to the senior lienholder.
Where a junior lienholder seeks default or summary judgment on its claim, all lienholders who claim an interest senior to that of the party seeking judgment shall file an affidavit of account attesting to the outstanding balance due and owing. This requirement shall not apply if the Court has previously awarded a decree of foreclosure to the lienholder claiming the senior interest.
- Applies to
- Docket statement
A docket statement must be filed when a case is refiled before a judge.
This Docket Statement must be filed if either of the following circumstances apply: ( ) Refiling of Case No. _________________ before Judge __________________
- Applies to
- Judicial sale judgment entry
All entries must include a signature line for each counsel of record and each party that answered the complaint.
All entries shall contain a signature line for each counsel of record and each party who filed an answer to the complaint.
- Applies to
- Proposed decree of foreclosure
A proposed decree of foreclosure must state “Final Appealable Order” in the caption.
Notation in the caption that the decree is a “Final Appealable Order”;
- Applies to
- Proposed decree of foreclosure
A proposed decree of foreclosure must state the date and method of service on every defendant in grid format.
Date and method of service upon every defendant in grid format;
- Applies to
- Proposed decree of foreclosure
A proposed decree of foreclosure must include priority-of-liens language unless it is a tax-foreclosure case.
Priority of liens language (not required in tax foreclosure cases).
- Applies to
- Proposed decree of foreclosure
Every proposed foreclosure decree must be accompanied by a military affidavit or certification covering each mortgage-note signer, or the property owner identified in Butler County real-property records in tax-foreclosure cases.
Military affidavit or certification as to each party who signed the mortgage note, or in the case of tax foreclosure cases, as to the owner of the property as reflected in the real property records of Butler County, Ohio;
- Applies to
- Proposed decree of foreclosure
A proposed decree of foreclosure must be accompanied by an affidavit of the remaining mortgage balance, except in tax-foreclosure cases.
Affidavit as to the remaining balance due on the mortgage (not required in tax foreclosure cases);
- Applies to
- Proposed decree of foreclosure
When foreclosure is based on a defaulted mortgage note no longer held by the original mortgagee, all mortgage assignments must accompany the proposed decree.
Where the foreclosure is based upon the default of a mortgage note that is no longer held by the original mortgagee, all assignments of mortgage, including the assignment to the current mortgagee.
- Applies to
- Proposed tax foreclosure judgment entry
In tax-foreclosure cases, signature lines are unnecessary; instead, the Prosecuting Attorney must certify delivery of the proposed judgment entry and state that objections must be filed in writing within 14 days to prevent approval and filing.
Signature lines shall not be required in tax foreclosure cases. Instead, the Prosecuting Attorney shall certify that a copy of the proposed judgment entry has been submitted by U.S. Mail, facsimile transmission or electronic mail to each counsel of record and each party who filed an answer to the complaint, with a statement that the Court may approve and file the judgment entry unless the counsel or party files written objections to the proposed judgment entry within 14 days of the submission of the proposed judgment entry to counsel and parties.
- Applies to
- Judgment entry for distribution
A distribution judgment entry must state the sale price, applicable costs, specified taxes and assessments, foreclosure judgment, lienholder awards, and any distribution to a former owner using the quoted statutory language, subject to stated tax-foreclosure exceptions.
All judgment entries for distribution shall contain the following: (a) Amount for which the property sold; (b) Amount of court costs, including the fees, appraisal and advertisement costs taxed as the result of any sale by a private selling officer, if applicable; (c) The total of the following amounts: (i) Taxes and assessments, the lien for which attaches before the date of sale, but that are not yet determined, assessed, and levied for the year that includes the date of sale, apportioned pro rata to the part of that year that precedes the date of sale, and any penalties and interest on those taxes and assessments; and (ii) All other taxes, assessments, penalties, and interest, the lien for which attached for a prior tax year, but that have not been paid on or before the date of sale; Page 46 ===== PAGE 52 ===== (d) Amount of judgment the decree of foreclosure awarded to the moving party (not required in tax foreclosure cases); (e) Amounts awarded to other lienholders in order of priority (not required in tax foreclosure cases); and (f) If there is money to be awarded to the former property owner(s)/judgment debtor(s), the judgment entry setting forth distribution of funds received shall state: “Payable to [name of former property owner(s)/judgment debtor(s)] in the amount of $________, pursuant to R.C. 2329.44.” (not required in tax foreclosure cases).
- Applies to
- File stamped affidavit
Except in tax foreclosure cases, a distribution judgment entry must be accompanied by a file-stamped affidavit signed by the attorney of record or moving party’s financial officer that separately lists principal, interest, and property-protection advances.
Except in tax foreclosure cases, all judgment entries for distribution shall be accompanied by a file stamped affidavit, signed by the attorney of record or a financial officer of the moving party, which affidavit lists the following information on individual lines: (a) Outstanding principal balance as set forth in the foreclosure documents; (b) Interest due and owing; and (c) Itemization of any amounts advanced for protection of the property, such as taxes, insurance, property inspection, etc.
- Applies to
- Written estimated taxes statement
Except in tax foreclosure cases, a distribution judgment entry must be accompanied by the Butler County Treasurer’s or designee’s signed statement estimating taxes due.
Except in tax foreclosure cases, all judgment entries for distribution shall be accompanied by a written statement, signed by the Treasurer of Butler County, Ohio, or the Treasurer’s designate, of the Treasurer’s estimate of taxes due, as described in Section H of this rule.
- Applies to
- Appointed counsel fee application
Appointed counsel must submit the prescribed fee motion, entry, and certification within 30 days after the final hearing.
Appointed counsel shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender's Office, within 30 days from the date of the final hearing.
- Applies to
- Post conviction fee application
A separate fee application must be submitted within 30 days after entry of the judge's decision on judicial release or another post-conviction motion.
Motions for judicial release and other post-conviction motions shall be submitted on a separate fee application, which shall be submitted within 30 days of the date of the entry of the judge's decision.
- Applies to
- New complaint
- Must include
- case number
When refiling a case, the new complaint must identify the prior case number in its caption, and the Clerk of Courts must be notified of the designation.
Please note, pursuant to Loc.R. 5.02, you are to list the prior case number in the caption of the new complaint and make sure to notify the Clerk of Courts of said designation.
- Applies to
- Pretrial motion disposition entry
The prevailing party must prepare and submit an entry recording the disposition of each pretrial motion.
All pretrial motions shall be determined 7 days prior to trial, and an entry recording the disposition of that motion shall be prepared and submitted by the prevailing party.
- Applies to
- Expungement packet
Expungement and record-sealing motions must be filed with a fully completed, court-approved expungement packet.
All motions for expungement, and/or for sealing of records of conviction and of not guilty findings, dismissals or no bills shall be filed with the Clerk of Courts on a fully-completed, court-approved expungement packet.
- Applies to
- Extradition hearing petition
An arresting agency must file a petition for an extradition hearing when a person is arrested under ORC Chapter 2963.
When any person is arrested in this jurisdiction pursuant to the ORC Chapter 2963, the arresting agency shall file with the Clerk of this Court a petition for hearing on extradition.
- Applies to
- Affidavit in support of motion to proceed in forma pauperis
The affidavit must be fully completed with answers and requested information, and additional pages may be attached if necessary before the motion will be considered.
INSTRUCTIONS: In order for the Court to properly consider your motion, you must answer each question below and provide the information requested. No motion will be considered until it is fully completed. If necessary, attach additional pages.
- Applies to
- Suggestion of complex litigation
A matter designated as complex litigation requires both a filed Suggestion of Complex Litigation and a courtesy copy delivered to the assigned judge.
Pursuant to Loc.R. 5.02 if, you believe that this matter should be designated as complex litigation, you must file a Suggestion of Complex Litigation and deliver a courtesy copy of the Suggestion to the assigned judge.
- Applies to
- Affidavit
The affidavit must state how the vehicle was obtained and, if it was purchased, identify the transaction date, seller, and purchase price.
1. How did you obtain the vehicle? (If you purchased the vehicle, include date of transaction, person you bought it from, and how much you paid.)
- Applies to
- Affidavit
A copy of a receipt, bill of sale, check, or other proof of the vehicle transaction must be submitted.
Submit copy of receipt, Bill of Sale, Check, or Other Proof of Transaction
- Applies to
- Affidavit
The affidavit must state why the petitioner does not have a title to the vehicle.
2. State why you do not have a title.
- Applies to
- Affidavit
The affidavit must describe the efforts made to notify persons who may have an interest in the vehicle.
3. State the efforts that were taken to notify those who may have an interest in the vehicle.
- Applies to
- Affidavit
The affidavit must state the vehicle's purchase price.
4. How much was the purchase price of the vehicle? ______________________
- Applies to
- Affidavit
The affidavit must indicate whether a records request was submitted through the Ohio Bureau of Motor Vehicles.
Did you submit a Records Request through the Ohio Bureau of Motor Vehicles?__________________
- Applies to
- Affidavit
A copy of the results of the Ohio Bureau of Motor Vehicles records request must be attached to the affidavit.
(Attach a copy of the results)
- Applies to
- Certification of compliance for misdemeanor appointment
An attorney requesting consideration for misdemeanor court appointments must certify by signature that the attorney is licensed and in good standing.
By signing this certification, I represent that I am a licensed attorney in good standing with state requirements governing the legal profession. I am requesting to be considered for court appointments on misdemeanor cases.
- Applies to
- Application to seal record of conviction
An applicant for sealing a conviction record must certify that all sealing requirements have been met.
The Applicant hereby certifies all requirements for sealing the record of conviction are met.
- Applies to
- Application to seal records of nonconviction
The applicant must certify that all requirements for sealing the records are met.
The Applicant hereby certifies all requirements for sealing the records are met.
- Applies to
- Expungement application
The applicant must certify that all requirements for expunging the records are met.
The Applicant hereby certifies all requirements for expunging the records are met.
- Applies to
- Expungement application
The application must describe the evidence and include copies of documents showing entitlement to expungement, with additional pages permitted.
Please describe the evidence and provide copies of any document showing you are entitled to have the records expunged (you may attach additional pages if necessary).
- Applies to
- Application package
- Must include
- local rule certificate
The completed application and all applicable certification forms must be returned to the Manager of Court Administrative Services at the specified courthouse location.
Return completed application and all Certification of Compliance with State Standards for Appointment of Counsel forms to:
- Applies to
- Application for approval as indigent criminal defense counsel
- Must include
- local rule certificate
An applicant must review and sign each certification form corresponding to the case types for which the applicant is applying.
Review and sign each of the appropriate Certification of Compliance with State Standards for Appointment of Counsel forms for which you are applying:
- Applies to
- Motion to proceed in forma pauperis
The motion to proceed in forma pauperis must be fully completed by answering every question and providing the requested information; additional pages may be attached if necessary.
INSTRUCTIONS: In order for the Court to properly consider your motion, you must answer each question below and provide the information requested. No motion will be considered until it is fully completed. If necessary, attach additional pages.
- Applies to
- Motion to proceed in forma pauperis
The motion to proceed in forma pauperis must include an attached supporting affidavit.
In further support of this application, I submit the attached affidavit.
- Applies to
- Affidavit in support of motion to proceed in forma pauperis
The affidavit must include the applicant’s declaration under penalty of perjury that the stated information is true and correct.
I declare under penalty of perjury that the foregoing is true and correct.
- Applies to
- Affidavit in support of motion to proceed in forma pauperis
The affidavit must include the applicant’s execution date and signature.
Executed on: _______________________________ (date) _______________________________ (signature of applicant)
- Applies to
- Expungement application
A pro se applicant must sign the application.
Signature of Applicant (if pro se)
- Applies to
- Application to seal record of conviction
The applicant must certify that all requirements for sealing the conviction record are met.
The Applicant hereby certifies all requirements for sealing the record of conviction are met.
- Applies to
- Expungement application
The application must identify the offense, date of conviction or guilty plea, and court.
1.Please complete the following (you may attach additional pages if necessary): Offense Date of the Conviction or Court Guilty Plea
- Applies to
- Expungement application
The application must include evidence establishing the specified statutory violation and the applicant's statutory authorization to apply.
Please attach evidence the offense was a violation of R.C. 2923.16 (B), (C), or (E) and the Applicant is authorized by R.C. 2923.16(H)(2)(a) to file this application.
- Applies to
- Expungement application
The applicant must certify that all requirements for expungement are satisfied.
The Applicant hereby certifies all requirements for expunging the records are met.
- Applies to
- Expungement application
The applicant must provide the date, offense, and court or location information in the application.
1.Please complete the following (you may attach additional pages if necessary): Date Offense Court or Location
- Applies to
- Expungement application
The applicant must describe the evidence and provide copies of documents supporting entitlement to expungement.
2. Please describe the evidence and provide copies of any document showing you are entitled to have the records expunged (you may attach additional pages if necessary).
- Applies to
- Docket statement
A Docket Statement must be filed when the case is a refiling or is proposed for designation as complex litigation.
This Docket Statement must be filed if either of the following circumstances apply:
- Applies to
- New complaint
- Must include
- caption
A newly filed complaint in a refiled case must list the prior case number in its caption.
you are to list the prior case number in the caption of the new complaint
- Applies to
- Suggestion of complex litigation
A party seeking designation of a matter as complex litigation must file a Suggestion of Complex Litigation.
you must file a Suggestion of Complex Litigation
- Applies to
- Pretrial statement
Each party must prepare a pretrial statement containing a concise statement of its claims and defenses.
Each party shall prepare a pretrial statement which shall contain the following: (1) A concise statement of its claims and defenses;
- Applies to
- Pretrial statement
Each party’s pretrial statement must include specified facts and issues, witness and expert information, an exhibit list using designated numbering, previously unfiled motions in limine, alleged special damages, and the expected trial time.
(2) Those facts established by admissions in the pleadings, admissions by discovery, and stipulations of counsel; (3) The contested issues of fact; (4) The contested issues of law, with citations of authority for the party’s position; (5) The names and addresses of fact witnesses, together with a brief statement of the subject matter of each witness’s testimony and a brief summary of the anticipated testimony; (6) The names, addresses, and qualifications of expert witnesses expected to testify, together with a brief statement of the subject matter of each witness’s testimony and a brief summary of the anticipated testimony; (7) A list of exhibits which each party intends to offer into evidence, marked as follows: (a) Joint exhibits with Roman numerals, (b) Plaintiff’s exhibits with Arabic numerals, (c) Defendant’s exhibits with letters; NOTE: Each list of exhibits shall be set forth on an “Itemized Evidence Inventory Form.” This form can be obtained on the internet at www.commonpleascourt.bcohio.gov , under the heading “Court Forms/Evidence.” (8) Motions in limine not previously filed; (9) A list of all special damages being alleged; (10) Each party’s expectation of the trial time needed to present its side of the case;
- Applies to
- Pretrial statement
Pretrial statements must be delivered to the court’s chambers by 4:00 p.m. on the date indicated in the pretrial order.
The pretrial statements shall be delivered to the court’s chambers no later than 4:00 p.m. on the date indicated.
- Applies to
- Jury instructions
Joint jury instructions must be submitted in writing and electronically in Microsoft Word at least two weeks before trial.
Joint jury instructions are required to be submitted in writing and electronically in Microsoft Word, at least two (2) weeks before trial.
- Applies to
- Jury instructions
If the parties cannot agree on jury instructions, each party must submit its own proposed jury instructions.
If the parties cannot agree on jury instructions, then each party must submit its proposed jury instructions as described above.
- Applies to
- Proposed findings conclusions
For any issue tried to the court, each party must submit proposed findings of fact and conclusions of law in writing and electronically at least one week before trial.
In lieu of jury instructions, for any issue to be tried to the court, each party shall submit to the court, in writing and electronically, at least one week before trial, proposed findings of fact and conclusions law.
- Applies to
- Memorandum
For each claim tried to the court, each party must submit a memorandum identifying the elements that must be proved, in writing and electronically, at least one week before trial.
For each claim to be tried to the court, each party shall submit to the court, in writing and electronically, at least one week before trial, a memorandum setting forth the elements to be proved to establish such claim.
- Applies to
- Objection
Written objections to exhibits or other trial material must be filed before 4:00 p.m. on the indicated date, with a contemporaneous copy delivered to chambers.
Objections to the admission of exhibits or to the use of other material must be made in writing and filed before 4:00 p.m. on the date indicated, and a copy of the objection shall be contemporaneously delivered to the court in chambers.
- Applies to
- Objection
Each objection must state its grounds and include a brief citation of authority.
Each objection shall include both the grounds for the objection and a brief citation of authority.
- Applies to
- Transcripts and video depositions
All transcripts and video depositions must be filed with the Clerk’s office before trial.
The parties, or their attorneys, are responsible for insuring that all transcripts and video depositions are filed with the Clerk’s office prior to trial.
- Applies to
- Notice of appearance
All trial counsel must file a notice of appearance unless their participation is limited solely to reports or other non-evidentiary hearings.
Consistent with Loc. R. 5.03, all trial counsel must file a notice of appearance. Attorneys or local counsel whose participation is solely limited to attendance at reports or other non-evidentiary hearings need not file a notice of appearance.
- Applies to
- Pretrial and settlement conference attendance
Trial counsel, all parties, and a person with settlement authority must personally attend the pretrial and settlement conference.
Trial counsel and all parties, including someone with settlement authority, shall be personally present at the pretrial and settlement conference.
- Applies to
- Expert witness disclosure
Parties must disclose to opposing parties, by the dates in the scheduling order, the names of all trial expert witnesses.
Parties are ordered to reveal to opposing parties, by the dates specified in the scheduling order, the names of all expert witnesses to be called at trial.
- Applies to
- Expert report
An expert may not be called to testify unless a written report is procured and provided to the opposing party.
A party may not call an expert witness to testify unless a written report has been procured from that witness and provided to opposing parties.
- Applies to
- Expert curriculum vitae
A curriculum vitae must be provided for each expert witness together with the expert’s report.
Parties must also, along with a report, provide a curriculum vitae for each expert witness.
- Applies to
- Expert report
An expert’s report must state the expert’s opinion on every issue concerning which the expert will testify.
The report of an expert must reflect his or her opinion as to each issue subject of the expert’s testimony.
- Applies to
- Expert report
An expert may not testify or offer an opinion on an issue that is not raised in the expert’s report.
An expert will not be permitted to testify or provide an opinion on any issue not raised in the report.
- Applies to
- Motion
- Must include
- certificate of service
Every motion must include a Civil Rule 5(B)(4)-compliant certificate of service or it may be stricken.
Any motion not including a certificate of service in compliance with Civ. R. 5(B)(4) may be stricken.
- Applies to
- Motion
- Must include
- caption
A motion must be submitted as a separate motion and captioned as a motion.
All motions must be filed as motions and captioned as such.
- Applies to
- Motion
- Must include
- proposed order
Every motion must include a proposed order unless the motion reasonably anticipates a written court decision.
All motions, except for those which reasonably anticipate a written decision by the Court, shall be accompanied by a proposed order.
- Applies to
- Proposed order
The proposed order must be electronically submitted with the motion as an ENTRY TO JUDGE and formatted as a Word document only.
The order shall be submitted with the motion via the e-filing system as an “ENTRY TO JUDGE” and shall comply with the requirements of Loc. R. 3.08(C), including but not limited to formatting text as a Word document only.
- Applies to
- Notice of compliance
After completing mediation outside the court program, the parties must file a Notice of Compliance identifying the mediation date, mediator, and participating attorneys or parties.
If mediation is ordered but is completed via mediation other than through the Court’s mediation program, e.g., private mediation, an insurance company “settlement week”, etc., the parties shall file a “Notice of Compliance” following the mediation, verifying the date of the mediation, the name of the mediator(s) and the attorneys/parties participating.
- Applies to
- Pretrial statement
Each party must file a pretrial statement containing specified claims and defenses, admitted facts, disputed issues, witness and expert information, a categorized exhibit list, anticipated pretrial motions, special damages, trial-time estimates, and settlement-negotiation information.
Each party shall prepare and file with the Clerk of Courts a pretrial statement which shall contain the following: 7 ===== PAGE 8 ===== 1) A concise statement of its claims and defenses; 2) Those facts established by admissions in the pleadings, admissions by discovery, and stipulations of counsel; 3) The contested issues of fact; 4) The contested issues of law, with citations of authority for the party’s position; 5) The names of fact witnesses expected to testify, together with a brief statement of the subject matter of each witness’ testimony, and a brief summary of the anticipated testimony. 6) The names and qualifications of expert witnesses expected to testify, together with a brief statement of the subject matter of each witness’ testimony and a brief summary of the anticipated testimony. 7) A list of exhibits which each party intends to offer into evidence, marked as follows: (a) Joint exhibits marked with Roman numerals; (b) Plaintiff’s exhibits with Arabic numbers; (c) Defendant’s exhibits with letters; 8) Motions in limine or other pretrial motions pending or which are anticipated; 9) A list of all special damages being alleged; 10) Each party’s expectation of the trial time needed to present its side of the case; and 11) The status of settlement negotiations, including specific demands and/or offers. (Upon motion and leave, specific demands and/or offers may be excluded from filed documents but shall be included in the copy provided Judge to chambers as required, below).
- Applies to
- Pretrial and settlement conference attendance
Locally based insurance representatives appearing for a party must attend in person.
Local insurance representatives (i.e., those physically located in Butler, Hamilton, Clermont, Warren, Preble or Montgomery County) must appear in person.
- Applies to
- Joint jury instructions interrogatories and verdict forms
The parties must confer and electronically submit joint jury instructions, interrogatories, and verdict forms in Microsoft Word format at least one week before trial.
The parties shall confer and submit joint jury instructions, interrogatories and verdict forms electronically in Microsoft Word format, at least one week before trial.
- Applies to
- Reconciled redline jury materials
If the parties cannot resolve all conflicts in the proposed jury materials, they must submit one reconciled redline version to the court by the stated deadline.
In the event the parties cannot resolve all conflicts on jury instructions/interrogatories and/or verdict forms, the parties shall submit a single, reconciled redline version of the proposed instructions, interrogatories and/or verdict forms to the Court by the stated deadline.
- Applies to
- Proposed findings of fact and conclusions of law
For any issue tried to the court, each party must submit proposed findings of fact and conclusions of law in writing and electronically at least one week before trial.
In lieu of jury instructions, for any issue to be tried to the Court, each party shall submit to the Court, in writing and electronically, at least one week before trial, proposed findings of fact and conclusions of law.
- Applies to
- Claim elements memorandum
For each claim tried to the court, each party must electronically submit a written memorandum identifying the elements to be proved at least one week before trial.
For each claim to be tried to the Court, each party shall submit to the Court, in writing and electronically, at least one week before trial, a memorandum setting forth the elements to be proved to establish such claim.
- Applies to
- Post trial brief
Post-trial briefs are prohibited unless the most extraordinary circumstances exist.
The Court will not permit, except in the most extraordinary circumstances, parties to submit post-trial briefs.
- Applies to
- Trial materials
Each party or its counsel must assemble all depositions, documents, photographs, and other items intended for use at trial.
Each party, or its counsel, shall assemble all depositions, documents, photographs and other items to be used at trial.
- Applies to
- Evidence objections
Each evidence or trial-material objection must state its grounds and include a brief citation of authority.
Objections shall include both the grounds for the objection and a brief citation of authority.
- Applies to
- Exhibits
Every exhibit set, regardless of exhibit count, must include an index or table of contents prepared on the court's Itemized Evidence Inventory sheet.
All exhibits, no matter how few, must be accompanied by an index or table of contents, created using the Court’s Itemized Evidence Inventory sheet, which may be downloaded at https://commonpleascourt.bcohio.gov/court_forms.
- Applies to
- Pretrial statement
Pretrial statements must include the parties' claims and defenses, admitted and stipulated facts, disputed factual and legal issues, supporting authority, and witness information.
Counsel shall prepare pretrial statements which shall contain the following: (1) A concise statement of the claims and defenses of the parties; (2) Those facts established by admissions in the pleadings, admissions by discovery, and stipulations of counsel; (3) The contested issues of fact; (4) The contested issues of law, together with counsel's citations of authority for his position; (5) The names and addresses of witnesses, together with a brief statement of the subject matter of each witness's testimony and a brief summary of each witness's expected testimony;
- Applies to
- Pretrial statement
Pretrial statements must also identify expert witnesses, list and mark trial exhibits, identify pending motions in limine, list special damages, estimate trial time, report settlement status, and provide requested jury instructions and interrogatories.
(6) The names, addresses, and qualifications of the expert witnesses expected to testify at trial, together with a brief statement of the subject matter of each expert witness's testimony; (7) A list of exhibits which counsel intends to offer into evidence, marked as follows: (a) Joint exhibits with Roman numerals, (b) Plaintiffs exhibits with Arabic numerals. (c) Defendant's exhibits with letters; (8) Motions in limine not previously filed; (9) A list of all special damages being requested; (10) Counsel's expectation of the trial time needed to present his side of the case; (11) The status of settlement negotiations including specific demands and/or offers; (12) Requested jury instructions (other than boilerplate), and jury interrogatories.
- Applies to
- Exhibit or material objection
Objections to exhibits or other trial material must be written, filed by 4:00 p.m. on the indicated date, contemporaneously delivered to chambers, and briefly state the grounds with supporting authority.
Objections to the admission of exhibits or to the use of other material must be made in writing and filed before 4:00 p.m. on the date indicated and a copy of the objection shall be contemporaneously delivered to the court in chambers. Objections shall state briefly the grounds for the objection and a brief citation of authority.
- Applies to
- Notice of counsel substitution
Counsel may substitute without a hearing by submitting a notice signed by the withdrawing counsel, client, and substituting counsel.
(B) Substitution may be accomplished without hearing by the submission of a notice signed by the withdrawing counsel, the client, and the substituting counsel.
- Applies to
- Subsequent filing
Documents submitted later for filing must contain the same information required on the Notice of Appearance.
Documents subsequently submitted to the Clerk for filing shall contain the same information as set forth above.
- Applies to
- Proposed decree of foreclosure
When personal liability is discharged or no personal judgment will be entered, the proposed decree should state that fact and the caption should say “Judgment in Rem.”
If a homeowner’s personal liability has been discharged in bankruptcy, or there is otherwise no personal judgment to be rendered against any party, this should be explicitly stated in the decree of foreclosure, and the case caption should contain the phrase “Judgment in Rem”
- Applies to
- Estimated taxes statement request
A request for the estimated-taxes statement must be submitted to the Butler County Treasurer using a Treasurer-approved form.
A written request for such statement of estimated taxes due shall be submitted to the Treasurer of Butler County upon a form approved by the Treasurer.
The judge handling the original case must be notified of the refiling to permit a timely transfer if necessary.
notify the judge of the original case of the refiling so that a timely transfer of the case may occur if necessary
- Applies to
- Memorandum
A party seeking to raise a particular legal or evidentiary issue is expected to submit a short memorandum with pertinent cases attached.
If there is a particular legal or evidentiary issue which any party wishes to bring to the court’s attention, a short memorandum with pertinent cases attached is expected.
- Applies to
- Pretrial briefing
Before trial, parties are expected to brief the court on all legal issues related to the trial.
The court expects the parties, before the trial, to have briefed the court on all legal issues related to the trial.
- Applies to
- Motion or entry
A motion or entry signed or submitted by counsel who has not filed a notice of appearance may be stricken or not considered.
Motions or entries signed/submitted by counsel who have not filed a notice of appearance may be stricken or not considered.
- Applies to
- Pretrial and settlement conference attendance
With prior court approval, corporate parties, insured parties, and qualifying insured parties may appear through specified representatives instead of the persons otherwise required to attend.
However, with prior leave of court: (1) a corporate party may appear through an officer or employee having knowledge of the subject matter of the case; (2) a party who is insured concerning the claim may appear through a claim representative from his or her liability carrier; and (3) in those instances when trial counsel can assure the Court that an out-of-town representative of an insurance carrier is available for immediate contact by telephone, the trial counsel for an insured party may appear for the party and the insurance carrier.
- Applies to
- Pretrial legal issue briefing
Before trial, the parties are expected to have briefed the court on every legal issue related to the trial.
The Court expects the parties, before the trial, to have briefed the Court on all legal issues related to the trial.
- Applies to
- Expert report
Expert reports do not need to be filed with the court.
Reports need not be filed.
- Applies to
- Notice of compliance
A notice of compliance with the expert-report exchange deadline is prima facie evidence that the report was provided.
A notice of compliance with the exchange deadline shall be deemed prima facie evidence that the report was provided.
- Applies to
- Healthcare provider records
A healthcare-provider expert may testify and offer opinions about matters addressed in the provider’s relevant records.
An expert witness who has provided medical, dental, optometric, chiropractic, or mental health care may testify and offer opinions as to matters addressed in the healthcare provider’s records.
- Applies to
- Healthcare provider records
Relevant healthcare-provider records may replace a formal expert report when the records contain an adequate statement of the expert’s opinion and a separate report would be redundant.
The healthcare providers’ records relevant to the case may be provided in lieu of a formal written report, provided that the expert’s opinion is contained within the records, the records adequately set forth the expert’s opinion, and a formal written report would be redundant.
- Applies to
- Issue memorandum
The Court appreciates but does not require a short memorandum with pertinent authorities when a party wishes to highlight a legal or evidentiary issue.
If there is a particular legal or evidentiary issue which any party wishes to bring to the Court’s attention, a short memorandum with pertinent cases attached is appreciated.
What must be included with pretrial statement filings in Butler County Court of Common Pleas, General Division?
The rule requires legal argument and statement of facts. Pretrial statements must include the parties' claims and defenses, admitted and stipulated facts, disputed factual and legal issues, supporting authority, and witness information.
What must be included with exhibit or material objection filings in Butler County Court of Common Pleas, General Division?
The rule identifies required filing content or certificates. Objections to exhibits or other trial material must be written, filed by 4:00 p.m. on the indicated date, contemporaneously delivered to chambers, and briefly state the grounds with supporting authority.
What must be included with motion to seal filings in Butler County Court of Common Pleas, General Division?
The rule requires caption and case number. Counsel seeking to seal a document, documents, or a case file must file a motion, submit a proposed entry, and provide the trial judge a courtesy copy of the motion.
What must be included with notice of filing of attachments filings in Butler County Court of Common Pleas, General Division?
The rule requires caption. A document containing separately submitted attachments to a proposed entry must bear the specified notice title and be filed concurrently with the motion and proposed order or entry.
What must be included with transcript request filings in Butler County Court of Common Pleas, General Division?
The rule identifies required filing content or certificates. A transcript must be ordered by submitting the court-approved Transcript Request form or a written request containing all required information, and no transcript will be prepared without such a request.
What must be included with appellate transcript filings in Butler County Court of Common Pleas, General Division?
The rule identifies required filing content or certificates. Transcripts for appellate purposes must comply with the Appellate Rules and the Twelfth District Court of Appeals scheduling order.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.