Clinton County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Deposition transcript

A deposition transcript must be accompanied by a certification by counsel for the Clerk to accept it for filing.

The Clerk of Court shall not accept for filing the transcript of a deposition unless it is accompanied by a certification by counsel

CRITICAL

Applies to

Motion and proposed entry

A motion and proposed entry appointing a special process server must state the proposed server’s name, that the person is at least 18, and that the person is not a party.

If a party desires personal service to be made by a special process server pursuant to Civil Rule 4.1, the party or counsel must submit a motion and proposed entry appointing a special process server. The following must be stated in the motion and entry: - 1. The name of the person to be appointed as process server; - 2. That the person to be appointed as process server is eighteen (18) years of age or older; and - 3. That the person to be appointed as process server is not a party to the action.

CRITICAL

Applies to

Non compliant filing

The Court will take no action until each non-compliant filing is amended, filed with the Clerk, and found fully compliant.

No action will be taken by the Court on this matter until all non-compliant filings have been amended, filed with the Clerk of Courts, and found to be in full compliance.

CRITICAL

Applies to

Motion

A motion seeking leave to file outside the portal must state specifically why the attorney or party cannot comply with e-filing procedures.

Leave to file other than through the e-Filing Portal may be granted only by the filing of a motion with the Judge assigned to the case, specifically stating the reasons the attorney/party cannot comply with e-Filing Procedures.

CRITICAL

Applies to

Notice

The first pretrial hearing must be included in the proper notice.

Said hearing shall be inserted in the proper notice and served with the summons.

CRITICAL

Applies to

Stipulation or document requiring multiple signatures

The submitting party or attorney must submit the document electronically and identify each other signatory using the stated authorization notation.

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."

CRITICAL

Applies to

Final entry

Each final entry must identify who is responsible for outstanding court costs and provide that they are due within 30 days after the Clerk mails a cost statement.

All final entries must contain an order as to the party responsible for paying any outstanding court costs and that such costs shall be paid within thirty (30) days of the mailing of a cost statement by the Clerk of Courts.

CRITICAL

Applies to

Proposed order

The proposed Order shall include a blank for the new hearing date; or, in the alternative, a hearing date may be obtained by telephone from the Assignment Commissioner and inserted into the Order before submission to the Court (provided that the Order reflects that the date was, in fact, obtained from the Assignment Commissioner).

The proposed Order shall include a blank for the new hearing date; or, in the alternative, a hearing date may be obtained by telephone from the Assignment Commissioner and inserted into the Order before submission to the Court (provided that the Order reflects that the date was, in fact, obtained from the Assignment Commissioner).

CRITICAL

Applies to

Stipulation or document requiring multiple signatures

For a document requiring multiple signatures, the submitter must sign it, affirm that its contents are acceptable to all required signers, and indicate the agreement of the other counsel or parties in the appropriate place.

The submitting party or attorney shall sign the stipulation or document himself or herself as follows: “/s/ John Smith” The submitting party or attorney shall then include an affirmation that the contents of the document are acceptable to all persons required to sign the document. 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.

CRITICAL

Applies to

Stipulation or document requiring multiple signatures

For a stipulation or other document requiring multiple signatures, the submitting party or attorney must sign it using the stated conformed-signature format.

The submitting party or attorney shall sign the stipulation or document himself or herself as follows: "/s/ John Smith"

CRITICAL

Applies to

Written agreement

To avoid appearing at a hearing after reporting an agreement on a previously contested issue, the parties or counsel must submit written proof by fax, mail, or hand delivery.

Whenever the parties or counsel inform the Assignment Commissioner that an agreement has been reached on an issue previously in controversy, they must submit written proof of the agreement (by fax, mail or hand delivery) in order to avoid appearing at the hearing.

CRITICAL

Applies to

Motion to modify parenting time

If the parents cannot agree, the moving parent must file a motion to modify the parenting time schedule, set a hearing, and obtain a modified order before relocating.

If the parents are unable to agree, the moving parent shall PRIOR TO RELOCATION: - 1. File a motion asking the Court to modify the parenting time schedule; - 2. Set a hearing; and - 3. Obtain a modified parenting time order.

CRITICAL

Applies to

Motion and affidavit

Must include

certificate of service

If the Motion and Affidavit are filed after the Complaint has been served, include a Certificate of Service for service by regular mail.

If this Motion and Affidavit are filed after Complaint is served, add Certificate of Service for service by regular mail.

CRITICAL

Applies to

Stipulation or document requiring multiple signatures

The submitter must indicate all other counsel’s and/or parties’ agreement at the appropriate place in the document, usually on the signature line.

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.

CRITICAL

Applies to

Mandatory discovery disclosure

Complete federal and state income tax returns and supporting records for the specified years must be exchanged in mandatory discovery.

- A. Complete federal and state income tax returns for the immediate past filing year and three years prior, with all schedules, W2s, 1099s, and other supporting documentation.

CRITICAL

Applies to

Dismissal entry

After the full releases have been signed and complied with, counsel must file a dismissal entry terminating the action with prejudice.

Once, the full releases have been signed and complied with, counsel for the parties shall file a Dismissal Entry terminating the cause of action with prejudice.

CRITICAL

Applies to

Agreed entry

If the agreement is read into the record, an agreed entry endorsed by both counsel or, if unrepresented, the parties must be presented within 30 days of the hearing.

If the matter is read into the record, counsel shall present an agreed entry endorsed by both counsel, or parties if not represented, within thirty (30) days of the hearing.

CRITICAL

Applies to

Mediator report

The mediator must report in writing whether mediation resulted in a full or partial agreement and whether settlement efforts have ceased or continue.

h) Report to the court in writing whether a full or partial agreement has been reached, whether efforts to settle the case through mediation have ceased or are continuing.

CRITICAL

Applies to

E filed document

An e-filed document requiring an attorney's or filing party's signature must use the conformed signature “/s/[name].”

e-Filed documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/[name].”

CRITICAL

Applies to

Certificate

The certificate asks counsel to certify that a properly supported summary-judgment motion addresses all client claims, or that contested claims are otherwise being litigated.

9.1) I have filed a properly supported Motion for Summary Judgment that addresses all of my clients claims or the contested claims are otherwise being litigated.

CRITICAL

Applies to

Divorce decree

If personal property remains undivided when the divorce decree is filed, the decree must include the specified exchange terms, deadlines, and motion language.

If personal property has not been divided and exchanged before the divorce decree is filed, the decree shall include the following language: "The parties shall exchange and divide all personal property no later than 30 days after the filing date of the final decree. If the parties cannot agree upon a date to conduct this division and exchange, the date for the division and exchange of personal property shall be at 12:00 noon on the 30th day following the filing of the decree. If either party fails to abide by the terms of the final decree regarding the division and exchange of personal property, the Court shall entertain a motion for contempt or a motion to compel the division or exchange of personal property. The Court will only entertain these motions if filed by a party on or before the 30th day after the expiration of the 30-day period."

CRITICAL

Applies to

Post decree modification final forms

The final forms for post-decree modification include an Entry of Modification and the listed additional documents, with the shared-parenting decree and waiver subject to stated qualifications.

## FINAL FORMS - • Entry of Modification - • Final Decree of Shared Parenting (If applicable) - ◦ Must attach Shared Parenting Plan - • Child Support Computation Worksheet (Or copy of previously filed) with computation for cash medical support - • Waiver of Magistrate's Decision – Objection Period (If applicable)

CRITICAL

Applies to

Health insurance affidavit

The health insurance affidavit must be filed if the relationship has minor children.

This affidavit is used to disclose health insurance coverage that is available for children. It is also used to determine child support. It must be filed if there are minor children of the relationship.

CRITICAL

Applies to

Stipulation or document requiring multiple signatures

The submitting party or attorney must affirm that the document’s contents are acceptable to all persons required to sign it.

The submitting party or attorney shall then include an affirmation that the contents of the document are acceptable to all persons required to sign the document.

CRITICAL

Applies to

Annual guardian ad litem certification

All individuals on the Guardian Ad Litem list shall certify annually that they are unaware of any circumstances that would disqualify them from serving, and shall report in writing the training they have attended to comply with Superintendence Rule 48 (see GAL Form 3).

All individuals on the Guardian Ad Litem list shall certify annually that they are unaware of any circumstances that would disqualify them from serving, and shall report in writing the training they have attended to comply with Superintendence Rule 48 (see GAL Form 3).

CRITICAL

Applies to

Preliminary certificate

In quiet-title, partition, and real-property lien-marshalling or foreclosure actions, the plaintiff's attorney must file a Preliminary Certificate of Title with the complaint, except in cases involving registered lands; the certificate must address the property's title condition for the preceding 40 years.

A. Preliminary Certificate of Title: At the time of the filing of any complaint in actions to quiet title, partition, and/or for the marshalling and foreclosure of liens on real property, except those involving registered lands, the attorney for the plaintiff shall file with the Clerk a Preliminary Certificate of Title as to the condition of the real estate in question for a period of 40 years prior to the filing of the complaint.

CRITICAL

Applies to

Divorce and dissolution pleadings

If the marriage has minor children, the filer must check the box and attach appropriate affidavits and a child-support-guidelines computation.

If there are minor children the issue of this marriage, check the box to the left and attach appropriate affidavits and C/S guidelines computation.

CRITICAL

Applies to

Mandatory discovery disclosure

Documents verifying present gross income and any employment contracts must be exchanged.

- C. All documents verifying present gross income, as defined in O.R.C. 3119.01 and any employment contracts.

CRITICAL

Applies to

Entry of dismissal

After a case settles, counsel must promptly submit an entry of dismissal to the Judge.

Counsel shall promptly submit an entry of dismissal to the Judge following settlement of any case.

CRITICAL

Applies to

Final decree of shared parenting

A Final Decree of Shared Parenting must have the Shared Parenting Plan attached.

- ◦ Must attach Shared Parenting Plan

CRITICAL

Applies to

Motion

Must include

proposed order

When the parties live separately and a temporary residential parent has been designated, the Plaintiff must file with the Complaint a motion and proposed ex parte order requiring the non-residential parent to pay temporary child support.

If the parties live in separate households and one party has been designated the temporary residential parent of the children, the Plaintiff shall file with the Complaint a motion and proposed ex parte order which requires the non-residential parent to pay temporary child support.

CRITICAL

Applies to

Release of information

Applicants must complete and sign all necessary releases of information for inter-agency communication.

Applicants must complete and sign all necessary release of information to facilitate inter-agency communication.

CRITICAL

Applies to

Guardian ad litem fee submission

Must include

proposed order

After completing the GAL’s duties, the GAL must submit an affidavit of fees and a proposed order for the stated payments.

Upon completion of the GAL's duties, the GAL shall submit an affidavit of fees to the Court for approval and a proposed Order directing the Clerk to release the approved amount and ordering payment of any amounts due over the deposit.

CRITICAL

Applies to

Mandatory discovery disclosure

Titles to all titled personal property must be exchanged as to the parties’ assets.

- 3. Titles to all titled personal property, including but not limited to, vehicles, boats, motors, trailers, campers, aircraft, ATVs, personal watercraft and motorcycles.

CRITICAL

Applies to

Rule 41 a dismissal entry

When advised that mediation resolved the case, the mediator's administrative assistant must cause a Rule 41(a) dismissal entry without prejudice to be filed with the Clerk.

3) Termination Entry. Upon being advised that the parties have reached a resolution in mediation, the mediator's administrative assistant shall cause a Rule 41(a) Dismissal Entry to be filed with the Clerk dismissing the action without prejudice.

CRITICAL

Applies to

Complaint or cross claim

A legible copy of the promissory note must be attached to the Complaint or Cross Claim.

1.0) A legible copy of the promissory note is attached to the Complaint or Cross Claim.

CRITICAL

Applies to

Subpoena duces tecum

When the non-residential parent's income is unknown, the filing attorney must file a subpoena duces tecum to obtain the information.

If the non-residential parent's income is unknown, the filing attorney shall obtain that information from an employer or other source by filing a subpoena duces tecum to obtain said information and shall note on the computation worksheet that a subpoena has been issued and that income has been estimated or imputed until that information is received.

CRITICAL

Applies to

Motion

All motions must include the hearing date and time and be served under the Ohio Rules of Civil Procedure.

All motions shall contain a notice of the date and time of hearing and shall be served in accordance with the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Motion to withdraw

Must include

certificate of service

The motion's certificate of service must include the withdrawing attorney's client and opposing counsel or party.

The certificate of service on the motion must include the withdrawing counsel's client as well as the opposing counsel or party.

CRITICAL

Applies to

Entry or decision

Counsel who prepared the entry must submit it to the Court and notify the Court if opposing counsel did not approve it.

Counsel who prepared the entry and/or decision shall then submit it to the Court and put the Court on notice if it has not been approved by opposing counsel.

CRITICAL

Applies to

Certificate of service of notice of sale date

Must include

certificate of service

The required Certificate of Service of Notice of Sale Date must certify compliance with Rule 21(A) and include the specified notice-status language.

B. Required Filing: Not less than seven (7) days prior to the scheduled sale date, counsel for the party requesting the sale shall file with the Clerk of Courts a Certificate of Service of Notice of Sale Date certifying compliance with local Rule 21 (A) which includes the following language: "The undersigned states that all persons entitled to notice of sale: _____ Have waived notice of sale _____ Have received notice of sale _____ _____ Plaintiff _____ Counsel for Plaintiff _____ Other interested person" Failure to timely file the certificate of service required by this rule shall constitute grounds for denial of the confirmation of sale.

CRITICAL

Applies to

Guardian ad litem qualification materials

Prospective GALs must submit an application, undergo civil and criminal background checks, and annually provide proof of Rule 48 compliance.

All prospective GALs must submit an application (see GAL Form 2), submit to a background check (civil and criminal) and annually provide proof of compliance with Rule 48.

CRITICAL

Applies to

Affidavit

The affidavit must be sworn and subscribed before a notary, with the date and Ohio location completed.

Sworn to before me and subscribed in my presence this ____ day of ____, 20__, at ____, Ohio.

CRITICAL

Applies to

Pleading

All pleadings must be filed with the Clerk of Courts.

All pleadings shall be filed with the Clerk of Courts.

CRITICAL

Applies to

Request to waive support arrearages

An obligee seeking to waive support arrearages must file a written request, schedule a hearing, and appear in person unless the Court waives appearance for good cause; when both parties have counsel, an agreed entry may be filed instead of a hearing.

An obligee seeking to waive support arrearages must file a written request, schedule a hearing and appear in person before the Court. The Court may waive appearance for good cause shown. If both parties are represented by counsel, an agreed entry may be filed in lieu of a hearing.

CRITICAL

Applies to

Motion to file instanter

A motion to file instanter after missing a non-jurisdictional deadline because of technical problems must include a signed declaration explaining the failure.

The motion must be accompanied by a signed declaration explaining the failure to meet the deadline.

CRITICAL

Applies to

Standing special process server application and affidavit

A person seeking designation as a Standing Special Process Server may file an application supported by an affidavit stating the required identifying information, age, service restrictions, and agreement to follow applicable rules and court instructions.

A person may apply to be designated as a “Standing Special Process Server” for cases filed in this Court by filing an application supported by affidavit setting forth the following information: - 1. The name, address and telephone number of the applicant; - 2. That the applicant is eighteen (18) years of age or older; - 3. That the applicant agrees not to attempt service of process in any case in which the applicant is a party; and - 4. That the applicant agrees to follow the requirements of Civil Rules 4 through 6, and any applicable Local Rules and special instructions for service of process as ordered by the Court in individual cases.

CRITICAL

Applies to

Pretrial statement

If ordered, each party must file a pretrial statement by the designated date containing the listed property, debt, contested-issue, witness, exhibit, and shared-parenting information.

If so ordered by the Court, each party shall file a pretrial statement on or before the designated date. The pretrial statement shall contain all of the following information: - a. A list of all property believed to be the separate property of each spouse; - b. A list of all property believed to be marital in nature, the value of that property, the valuation date used in determining the value, the NADA trade-in value of any vehicles (if available), and an account of all debts owing upon each item of property; - c. A list of all debts of the marriage; - d. A statement of the contested issues of fact and law; - e. A list of all witnesses; - f. A list of all exhibits; and - g. A statement as to whether shared parenting is being requested.

CRITICAL

Applies to

Final decree or proposed entry

A party requesting restoration of a former name must include the name in the final decree or submit a separate proposed entry stating the party’s complete names before and after the change, date of birth, and current address.

A party requesting restoration of a former name shall have said name included in the final decree or must submit a separate proposed entry setting forth the party's complete name before and after the requested change, as well as the party's date of birth and current address.

CRITICAL

Applies to

Notice of presentation of entry

The notice must explain the 14-day objection period and state that an objection must specify its grounds, attach the objector’s proposed entry, and set a hearing.

Notice to the opposing counsel that the proposed entry will be presented to the Court for approval after the expiration of fourteen (14) days from the date of mailing unless the other attorney, within the fourteen (14) days, files a written objection stating the grounds with particularity, attaches his/her own proposed entry and sets the matter for hearing.