Clark County Court of Common Pleas, General Division Document Filing Requirements

Applies to

Document requiring court service or notice

Must include

caption

A document requiring court service or notice must include the plaintiffs’ and defendants’ addresses in its caption or state that those addresses are unknown when they are in fact unknown.

All documents requiring service or notice by the court, upon filing, shall: 1. Include the address of the plaintiffs and defendants in the caption of the document; or 2. Indicate that the addresses of the plaintiffs and defendants are unknown if such addresses are in fact unknown.

Attorneys must include their Supreme Court of Ohio registration number on every document filed with the Court.

All attorneys shall include their attorney registration number issued by the Supreme Court of Ohio on all documents filed with the Court.

Applies to

Document requiring service or notice

Documents requiring service or notice must include counsel’s fax number when facsimile service is available and counsel’s email address.

All documents requiring service or notice shall contain counsels' fax numbers if facsimile machines are available, and email addresses.

Applies to

Videotaped deposition

A written transcript of a deposition must be filed when the corresponding videotape is filed.

In addition to the requirements of Rule 13 of the Rules of Superintendence for the Courts of Ohio, a written transcript of the deposition shall be filed when the videotape is filed.

Applies to

Videotaped deposition

The written transcript of a videotaped deposition must be filed before the final pretrial conference.

The written transcript of the videotaped deposition shall be filed prior to the final pre-trial conference.

Applies to

Deposition objections

A party objecting to testimony in a perpetuation deposition must submit the objections in writing to the court by the final pretrial conference.

Regarding perpetuation depositions, any party objecting to testimony in a deposition shall submit the objections IN WRITING to the Court at or before the Final Pretrial Conference.

Applies to

Videotaped deposition

The proponent of a video deposition must edit it according to the court's ruling and redact questions and answers for sustained objections.

The proponent of a video deposition shall cause the deposition to be edited in accordance with the Court's ruling on objections, redacting questions and answers to which objections are sustained.

Applies to

Proposed order

Must include

proposed order

A party must submit a proposed order staying proceedings under 11 U.S.C. 362 after filing for bankruptcy.

bankruptcy and submit a proposed order staying proceedings as provided by the provisions of 11 U.S.C. 362.

Applies to

Initial pleading

Must include

caption

The caption of every initial pleading must contain the information required by Ohio Civil Rules 10(A) and 11.

1. The caption of all initial pleadings shall contain the information required by Rule 10(A) and Rule 11 of the Ohio Rules of Civil Procedure.

Applies to

Primary counsel designation

A primary-counsel designation must be filed when a class of litigants or a party is represented by more than one attorney of record.

A designation of primary counsel shall be filed in the following types of actions: a. A class of litigants represented by more than one attorney of record, or b. A party which is represented by more than one attorney of record.

Applies to

Subsequent pleading

Must include

judge name, case number

Every pleading filed after the initial pleading must specify the case number, judge information, filing attorney's identifying information, and each pro se litigant's contact information.

All pleadings filed subsequent to the initial pleading shall specify: 1. The case number. 2. The name of the judge who was assigned to the case or the name of the judge who heard the case and the magistrate if applicable. 3. The name, address and telephone number of the attorney who is making the filing and the attorney registration number. The attorney's facsimile number and email address should be included if available. 4. The name, address and telephone number of each pro-se litigant.

Applies to

Motion memorandum

Must include

legal argument

Every moving party must file and serve a brief written memorandum stating the motion's grounds with particularity, the relief sought, and the supporting authorities.

All moving parties shall file and serve their motions with the following: 1. A brief written memorandum which shall: a. State with particularity the grounds in support of the motion; b. Set forth the relief or order sought; and c. Specify the citations of the authorities upon which the motion is based.

Applies to

Motion

Must include

exhibit list

A motion must include copies of photographs or documentary evidence supporting it when the motion requires consideration of facts outside the record.

Copies of all photographs or documentary evidence that will be used in support of the motion if the motion requires the consideration of facts that do not appear in the record.

Applies to

Brief

Must include

exhibit list

Cited unreported opinions must be attached to the pleading and furnished to opposing counsel.

If unreported opinions are cited, copies thereof shall be attached to the pleading and furnished to opposing counsel. Failure to do so may be grounds for striking the pleading or brief.

Applies to

Opposition

Must include

exhibit list

The opposition memorandum must include copies of evidentiary materials opposing the motion when facts outside the record must be considered.

Be accompanied by copies of all photographs or documentary evidence that will be used in opposition to the motion if the motion requires the consideration of facts that do not appear in the record

Applies to

Pretrial statement

A pretrial statement must be filed at least one week before trial and must contain the specified information where appropriate.

The Court may review and discuss with counsel their Pretrial Statements (to be filed at least one week prior to trial) which must contain the following information where appropriate:

Applies to

Termination entry

Counsel must notify the court of a settlement and present a termination entry for approval within 30 days.

Counsel shall notify the Court if a case is settled and present a termination entry for approval within thirty (30) days.

Applies to

Notice of bankruptcy

Debtor's counsel must file a Notice of Bankruptcy and submit an order staying proceedings under 11 U.S.C. 362.

counsel for the debtor shall file with the Court a Notice of Bankruptcy and shall submit an order staying proceedings as provided by the provisions of 11 U.S.C. 362.

Applies to

Notice of bankruptcy

Debtor's counsel must immediately notify the court of a bankruptcy action that would permit the case to proceed.

Counsel for the debtor shall immediately notify the Court of any action of the Bankruptcy Court which would permit the Court to proceed with the case.

Applies to

View request

A party or counsel requesting a view of the premises or scene must submit a written request at or before pretrial.

Any party or their counsel who requests a view of the premises or scene must make a written request for such at or before pretrial.

Applies to

Discovery application or motion

Must include

local rule certificate

A discovery application or motion must include a certificate describing the specific times and methods used to attempt informal resolution.

A certificate to that effect shall be affixed to or made a part of the application or motion and it shall include the specific times and methods of attempted informal resolution.

Applies to

Subsequent pleadings and filed papers

After the consolidation entry is filed, all parties must reference every case number on subsequent pleadings and other papers.

Upon filing of the Entry, all parties shall be required to reference all case numbers on all subsequent pleadings and other papers filed with the Court.

Applies to

Military service affidavit

A party seeking default judgment must file an affidavit showing that the defaulting party is not in military service.

If there shall be a default judgment 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.

Applies to

Alternative military service affidavit

If unable to submit the initial affidavit, the judgment seeker must instead file an affidavit stating that the defaulting party is in military service or that the affiant cannot determine the military-service status.

If unable to file such an affidavit, the party seeking judgment shall file an affidavit setting forth that the party in default is either in the military service or that the affiant is not able to determine whether or not the defaulting party is in the service, so that judgment can be entered as required under 50 U.S.C. 520, et seq.

Applies to

Default judgment motion

Must include

proposed order

Every default-judgment motion must state the extent of any contact with the defaulting party or the defaulting party's counsel and include a proposed judgment entry.

All motions shall recite that the moving counsel has not been contacted by the defaulting party or counsel for the defaulting party, or if contact has been made, the extent to which such contact had been made. All motions for default judgment shall be accompanied by a proposed judgment entry.

Applies to

Judgment by confession

A judgment by confession must be written, state the debt or cause of action decided, and be filed with the Clerk.

All judgments by confession shall: 1. Be in writing; 2. State the debt or cause of action decided; and 3. Be filed with the Clerk.

Applies to

Pleadings

When a judicial sale of real estate is contemplated, the requesting party or attorney must endorse the pleadings with the specified certification.

Endorse on the pleadings the following Certification:

Applies to

Preliminary judicial report

A contemplated judicial real-estate sale requires filing the original preliminary judicial report, updated to no more than 30 days before the complaint is filed.

File with the Clerk of Courts the original guaranteed evidence of the state of the record title to the property in question (preliminary judicial report), prepared and extended by a responsible title and abstract company to a date not over thirty (30) days prior to the filing of the Complaint

Applies to

Judgment entry

A decree or judgment entry ordering a real-estate sale must bear the specified updated title certification.

With any Decree or judgment entry subsequently issued which orders the sale of real estate, the party or attorney having requested said sale shall do the following: 1) Endorse on the Decree or judgment entry the following Certification:

Applies to

Final judicial report

A real-estate sale judgment must be accompanied by the original final judicial report, including the docket, property location, and title state updated within 30 days before filing.

File with the Clerk of Courts the original final certificate of extension of the evidence of title (final judicial report) prepared and extended by a responsible title and abstract company, which includes a copy of the case docket, the address or location of the property, and the record state of title as of a date not more than thirty (30) days prior to the filing of the judgment entry.

Applies to

Motion

A party seeking default or summary judgment on a foreclosure claim must file a completed Certificate of Readiness with the motion.

Any party seeking a default or summary judgment on a claim for foreclosure must file a completed "Certificate of Readiness" (Exhibit D) along with the party's motion for default judgment or summary judgment.

Applies to

Judicial sale deed

Plaintiff's counsel must use the attached Exhibit E deed form, or a substantially similar form, for all deeds resulting from court-ordered judicial sales, including foreclosures.

Plaintiff's counsel shall be responsible to utilize the deed form attached herewith and marked as "Exhibit E", or a form substantially similar to that which is attached, when preparing all deeds resulting from judicial sales ordered by the Court of Common Pleas, including foreclosures.

Applies to

Fifteen day demand letter

Must include

certificate of service

The filing must include an Interim Report, two copies of the Final Report and Answer, and a Fifteen-Day Demand Letter with proof of service.

Interim Report, two (2) copies of the Final Report and Answer, and the Fifteen-Day Demand Letter with proof of service.

Applies to

Objections to magistrate decision

An objection to a finding of fact must be supported by a transcript of all relevant evidence, or by an affidavit if a transcript is unavailable.

Any objection to a finding of fact in the Magistrate's decision shall be supported by a transcript of all the evidence submitted to the Magistrate relevant to that fact or an affidavit of that evidence if a transcript is not available.

Applies to

Administrative appeal

A party appealing an administrative-agency order must file specified papers with the Clerk of Courts.

File the following with the Clerk of Courts:

Applies to

Notice of appeal

The notice of appeal must identify the order appealed from and the ground for appeal.

A notice of appeal that sets forth the order appealed from and the ground for appeal.

Applies to

Transcript request statement

An appellant must file with the Clerk a statement directing the agency to prepare and file a complete transcript with the court within 40 days.

A copy of the statement that directs the agency to prepare and file with the Court within forty (40) days a complete transcript of all the original papers, testimony and evidence offered, heard, and taken into consideration in issuing the decision which is being appealed.

Applies to

Notice of appeal

The appellant must file a copy of the notice of appeal with the administrative agency.

A copy of the notice of appeal.

Applies to

Transcript request statement

The statement directs the agency to prepare and file a complete transcript of all original papers, testimony, and evidence within forty (40) days.

A statement that directs the agency to prepare and file within forty (40) days a complete transcript of all the original papers, testimony, and evidence offered, heard, and taken in consideration in issuing the decision which is being appealed.

Applies to

Deposition objections

Failure to submit written objections by the final pretrial conference may be treated by the court as a waiver of those objections.

Failure to submit objections IN WRITING to the Court at or before Final Pretrial Conference, may be considered by the Court as a waiver of objections.

Applies to

Reply

The reply memorandum may address only matters rebutting the opposition memorandum.

The reply memorandum shall be restricted to matters in rebuttal of the memorandum in opposition.

Applies to

Status of mediation

The Court Mediator must prepare and file a Status of Mediation form after each mediation.

The Court Mediator shall prepare and file a Status of Mediation form after each mediation to inform the Court of the status of the referred case.

Applies to

Transcript filing notice

After the agency files the complete transcript, the Clerk must notify the appellant of the filing date.

Upon the agency filing a complete transcript of all original papers, the Clerk of Courts shall notify the appellant of the date that the transcript was filed.