Clinton County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Ex parte order

When both parties remain in the marital residence, the Plaintiff must file with the Complaint a proposed ex parte order providing for each parent's continued support of the minor children under established household practices.

If both parties remain in the marital residence, the Plaintiff shall file with the Complaint a proposed ex parte order which provides that each parent shall continue to provide support for the minor children in accordance with the established practices of the household.

CRITICAL

Applies to

Dissolution with children final forms

The final forms for a dissolution with children include the listed decrees and child-support worksheet, with required attachments and an applicability qualification for the shared-parenting decree.

## FINAL FORMS - • Decree of Dissolution - ○ Must attach Separation Agreement (Marital Separation Agreement) - • Final Decree of Shared Parenting (if applicable) - ○ Must attach Shared Parenting Plan - • Child Support Computation Worksheet (or copy of previously filed) that includes computation for cash medical support

CRITICAL

Applies to

Ex parte order

When both parties remain in the marital residence, the Plaintiff must file an ex parte order with the Complaint containing the specified shared-parenting provisions.

If both parties are living in the marital residence, the Plaintiff shall file with the Complaint an ex parte order which provides that the parents will share the rights and responsibilities regarding their children in accordance with the established practices of the household. The order shall further provide that, pending further order of the Court, each parent shall be a residential parent of the child(ren).

CRITICAL

Applies to

Affidavit

All affidavits must be signed and notarized.

All Affidavits shall be signed and notarized.

CRITICAL

Applies to

Document requiring original signature

The filer must retain the signed document in their records and keep it available for production at the Court’s request.

The filer shall maintain the signed document in the filer's records and have it available for production upon request of the Court.

CRITICAL

Applies to

Divorce or legal separation without children initial filings

The initial filing checklist for divorce or legal separation without children lists the required documents, with applicability qualifications for temporary-orders filings and picture identification required for the ID copy.

## DIVORCE/LEGAL SEPARATION WITHOUT CHILDREN ## INITIAL FILINGS - • Complaint for Divorce or Legal Separation - • Motion for Temporary Orders with supporting affidavits (if applicable) - • Temporary Orders (completed and with all attachments) OR Notice of Hearing on Temporary Orders (if applicable) - • Affidavit of Property – Fully completed (Form 1.0) - • Instructions for Service - • Copy of Valid Driver's License or Identification Card (Must be picture identification)

CRITICAL

Applies to

Discovery package

On the arraignment day, the prosecutor's office must provide the accused or counsel a discovery package containing all discoverable material, including a bill of particulars.

On the day of arraignment, the prosecutor's office will automatically provide to the accused or his counsel of record a "discovery package" in which the prosecution will provide full and complete disclosure of all things discoverable under the rules of discovery in criminal cases, including, but not limited to, a bill of particulars.

CRITICAL

Applies to

Motion

The motion to file instanter must include a signed declaration explaining why the deadline was missed.

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

CRITICAL

Applies to

Qdro

Unless otherwise agreed, a defined-contribution QDRO must contain or be governed by the specified provisions and assumptions.

Unless otherwise agreed, a QDRO for a defined contributions plan shall contain the following provisions or be governed by these assumptions: - a. The division of benefits will be the date of the final hearing of the case. - b. The alternate payee's share of the benefits shall be credited with investment earnings and/or losses from the date of division until distribution. - c. The QDRO will allow an immediate lump sum distribution of the alternate payee's benefits. - d. Any loans from the plan taken during the marriage shall be allocated equally between the parties (unless otherwise agreed). - e. The alternate payee's share of the benefits will reflect credit for sums deposited into the plan after the date of division which are based on service for periods prior to the date of division.

CRITICAL

Applies to

Disputed entry or decision

If counsel cannot agree on an entry or decision, they must submit the matter to the Judge or Magistrate for direction.

If counsel are unable to agree upon the entry and decision, the matter shall be submitted to the Judge or Magistrate, who will direct what entry and/or decision shall be made.

CRITICAL

Applies to

Default hearing notice

The default-hearing notice must state the hearing’s time and place, and its original copy must be placed in the case record-jacket as an exhibit of service.

The notice of default hearing shall set forth the time and place for the default hearing and the original copy of the notice shall be placed in the Court's record-jacket of the case an exhibit of service to the defaulting party.

CRITICAL

Applies to

Motion

Temporary child support is payable through CSEA unless a separate motion requests direct payment to the obligee and the Court grants an order allowing it.

Temporary child support shall be payable through the Child Support Enforcement Agency (CSEA) unless a separate motion is filed requesting the support to be paid directly to the obligee and an Order to that effect is granted.

CRITICAL

Applies to

Decree entry or decision

Decrees, entries, and decisions addressing child support or health insurance must adopt and attach the Notifications in Appendix 4.

All decrees, entries and decisions that address child support and/or health insurance shall adopt the Notifications (see Appendix 4) and they shall be attached thereto.

CRITICAL

Applies to

Settlement agreement

The parties must reduce any mediation agreement to writing and sign it with their counsel.

2) Finalizing Agreement. Upon reaching agreement, the parties shall reduce the agreement to writing and sign it along with their counsel.

CRITICAL

Applies to

Motion

Counsel must not insert a hearing date in a motion unless the Assignment Commissioner obtained it for that motion and, in the stated example, was contacted and approved it.

COUNSEL SHALL NOT INSERT THE HEARING DATE IN ANY MOTION UNLESS THE DATE WAS OBTAINED BY THE ASSIGNMENT COMMISSIONER FOR THE MOTION BEING SET. (Example: If the matter is pending and a new motion is filed, Counsel shall not simply insert the next scheduled hearing date in the motion as a hearing date unless the Assignment Commissioner has been contacted AND approved the same).

CRITICAL

Applies to

Document filed with clerk

Do not include Social Security numbers on documents filed with the Clerk.

Social Security numbers (SSNs) shall not be included on any document that will be filed with the Clerk.

CRITICAL

Applies to

Mandatory discovery disclosure

If applicable, a breakdown of overtime, commissions, and bonuses for the present year and past three years must be exchanged.

- B. If applicable, a breakdown of overtime, commissions and bonuses for the present year and past three years.

CRITICAL

Applies to

Standing special process server designation entry

An applicant requesting designation must also submit an entry with the specified caption and the stated compliance language, which is cut off in the provided text.

The applicant requesting designation shall also submit an entry captioned “In Re: The Appointment of (name of applicant) as Standing Special Process Server” and stating “applicant has complied with the provisions of Local Rule 1.09; (name of

CRITICAL

Applies to

Motion for supervised parenting time

A request for supervised parenting time must state the reasons specifically in a separate motion filed with the Court.

No supervised parenting time order will be granted unless the reasons therefore are stated with specificity in a separate motion filed with the Court.

CRITICAL

Applies to

Initial filing or final decree or entry

Initial filings and final decrees or entries must list the names and dates of birth of all the parties’ minor children.

Initial filings and final decrees and/or entries shall contain the names and dates of birth of all minor children of the parties.

CRITICAL

Applies to

Entry of confirmation

The distribution in an entry confirming a sale must include the applicable conveyance fee.

B. In so far as is possible, all such entries of confirmation shall distribute proceeds according to their priorities and discharge liens of record. The distribution of proceeds shall include the conveyance fee of $3.50 per $1,000.00 or such other conveyance fee which is in effect at the time of the conveyance.

CRITICAL

Applies to

Divorce or legal separation with children initial filings

The initial filing checklist for divorce or legal separation with children lists the required pleadings, motions, affidavits, orders or hearing notice, and child-support documents, subject to stated applicability qualifications.

## DIVORCE/LEGAL SEPARATION WITH CHILDREN ## INITIAL FILINGS - • Complaint for Divorce or Legal Separation - • Motion for Temporary Orders, with supporting affidavits (Rule 75N Motion and Order can be found on Court's Website) - • Temporary Orders (Completed and with All attachments) or Notice of Hearing on Temporary Orders (If applicable) - • Affidavit of Property – Fully Completed (Form 1.0) - • Parenting Proceeding Affidavit Pursuant to O.R.C. 3127.23(A) (Form 2.0) - • Motion for and Shared Parenting Plan (If applicable) - • Child Support Computation Worksheet (includes computation for cash medical) (Form 3.0) - • IV-D Application (for child support)

CRITICAL

Applies to

Dissolution with children initial filings

The initial filing checklist for a dissolution with children lists the required documents, with representation and shared-parenting items subject to stated qualifications.

## DISSOLUTION WITH CHILDREN ## INITIAL FILINGS - • Petition - • Separation Agreement - • Waiver of Service - • Waiver of Representation (unless both parties are represented) - • Affidavit of Property (Form 1.0) - • Parenting Proceeding Affidavit – Pursuant to O.R.C. 3127.23(A) (Form 2.0) - • Motion for and Shared Parenting Plan (if applicable) - • Child Support Computation Worksheet (includes computation for cash medical) (Form 3.0) - • Health Insurance Affidavit - • IV-D Application (for child support) - • Copy of Valid Driver's License or Identification Card (Must be picture Identification)

CRITICAL

Applies to

Mediation intake form

Both parties must complete a mediation intake form that includes information to facilitate screening for domestic violence.

Both parties shall complete a mediation intake form. The mediation intake form will include information to facilitate screening for domestic violence.

CRITICAL

Applies to

Mandatory discovery disclosure

Real estate deeds, contracts, options, leases, timeshare documents, appraisals, and related financing or refinancing applications must be exchanged as to the parties’ assets.

- 1. Real estate deeds, land contracts, options to purchase, leases, timeshare documents, as well as any appraisals and financing/refinancing applications regarding the same.

CRITICAL

Applies to

Motion

Every motion must be accompanied by a brief or memorandum stating its grounds and citing the authorities relied upon.

All motions shall be accompanied by a brief or memorandum stating the grounds thereof and citing the authorities relied upon.

CRITICAL

Applies to

Renewal petition

Renewal of a Civil Protection Order or Consent Agreement requires filing a new petition in the same manner as the original was issued or approved.

A Civil Protection Order or Consent Agreement must be renewed in the same manner as the original order or agreement was issued or approved. This requires the filing of a new petition.

CRITICAL

Applies to

Notice of filing of bankruptcy

A party who files a bankruptcy action must file a Notice of Filing of Bankruptcy in the domestic relations case stating the court location and Bankruptcy Code Chapter.

If a bankruptcy action is filed by either or both parties, that party or parties shall file a Notice of Filing of Bankruptcy in the domestic relations case. Said notice shall include the location of the Court in which it was filed and the Bankruptcy Code Chapter under which the filing was made.

CRITICAL

Applies to

Motion

Each motion must include a hearing notice with space for the Assignment Commissioner to insert the hearing date, time, and place.

All motions shall contain a notice with sufficient space for the Assignment Commissioner to insert the date, time and place of the hearing.

CRITICAL

Applies to

Pleading

All pleadings must conform to Local Rule 1.01(B).

All pleadings shall be in conformity with 1.01 (B) of these Local Rules.

CRITICAL

Applies to

Dissolution without children initial filings

The initial filing checklist for a dissolution without children lists the required documents, including qualifications for representation, the property affidavit, and picture identification.

## DISSOLUTION WITHOUT CHILDREN ## INITIAL FILINGS - • Petition - • Separation Agreement (Marital Settlement Agreement) - • Waiver of Service - • Waiver of Representation (unless both parties are represented by counsel) - • Affidavit of Property (completed and signed by both parties) (Form 1.0) - • Copy of Valid Driver's License or Identification Card (Must be picture identification)

CRITICAL

Applies to

Restraining order request

Must include

proposed order

Other restraining-order requests are considered case by case and require a motion, supporting affidavit, and proposed entry.

Any other requests for restraining orders shall be awarded on a case-by-case basis and only upon motion, supporting affidavit and proposed entry.

CRITICAL

Applies to

Divorce decree

If the parties divided and exchanged personal property before filing the divorce decree, the decree must include the specified statement.

If personal property has been divided and exchanged before the divorce decree is filed, the decree shall include the following language: "All personal property has been divided and exchanged."

CRITICAL

Applies to

QDRO

Unless the parties agree otherwise, counsel for the alternate payee entitled to part of the other spouse’s pension or retirement plan must prepare the QDRO for submission to the Court.

Unless otherwise agreed, counsel for the alternate payee entitled to a portion of the other spouse's pension or retirement plan shall prepare the QDRO for submission to the Court.

CRITICAL

Applies to

Complaint

If a new legal description is required, the complaint must include a count to reform the deed.

There shall be a count in the complaint to reform the deed, if a new legal description is required.

CRITICAL

Applies to

Preliminary certificate of title

The Tax Map Office Review must be attached to the Preliminary Certificate of Title.

To be attached to Preliminary Certificate of Title

CRITICAL

Applies to

Entry

Must include

caption

Entries must carry the appropriate case caption, except entries that immediately follow and adopt a Magistrate's Decision.

All entries must be on a separate sheet of paper and must be captioned with the appropriate style of the case, except entries which immediately follow and adopt a Magistrate's Decision.

CRITICAL

Applies to

Entry of confirmation

A military affidavit compliant with the federal Service Members Civil Relief Act must be present for the Court to approve an entry confirming a sale.

The Court will not approve any entry to confirm a sale in the absence of a military affidavit in compliance with the Service Members Civil Relief Act under Federal law.

CRITICAL

Applies to

Supplemental certificate of title

A Supplemental Certificate of Title must be issued and filed with the Clerk before the Decree of Foreclosure or Decree of Partition is filed.

A Supplemental Certificate of Title shall be issued and filed with the Clerk before the Decree of Foreclosure or Decree of Partition is filed.

CRITICAL

Applies to

Motion

Personal financial information such as tax returns and medical bills must not be attached to motions without special permission from the hearing Judge or Magistrate.

Tax returns, credit card statements, phone bills, medical bills and similar personal financial information shall not be attached to any motions filed with the Court without special permission from the Judge or Magistrate hearing the case.

CRITICAL

Applies to

Mandatory discovery disclosure

All health insurance policies must be exchanged as to the parties’ assets.

- 6. All health insurance policies.

CRITICAL

Applies to

Complaint or third party complaint

The filing party must file service instructions, and the Clerk issues a summons and serves the complaint or third-party complaint according to them.

Consistent with Ohio Rules of Civil Procedure, 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.

CRITICAL

Applies to

Document

The document must identify other signatories using the stated authorization wording.

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

Motion to withdraw

If the client has not signed the entry, the withdrawal motion must state that the Court may sign unless the client requests a hearing within seven days after service of the motion.

If the client has not signed the entry, the motion shall also state that the Court may sign the entry unless the client requests a hearing within seven (7) days after the motion is served.

CRITICAL

Applies to

Entry of confirmation

The distribution of sale proceeds must allow real estate taxes and special assessments to be prorated to the date of the Sheriff’s sale.

B. In so far as is possible, all such entries of confirmation shall distribute proceeds according to their priorities and discharge liens of record. The distribution of proceeds shall include the conveyance fee of $3.50 per $1,000.00 or such other conveyance fee which is in effect at the time of the conveyance. The county Sheriff shall compute these fees and deduct them from the proceeds of the sale. The distribution of proceeds shall allow for all real estate taxes and special assessments to be prorated to the date of the Sheriff's sale.

CRITICAL

Applies to

Certificate

The certificate asks counsel to certify that a default-judgment motion has been filed against every party in default, subject to the alternative that all parties have answered.

10) A Motion for Default Judgment has been filed against all of the parties who are in default or

CRITICAL

Applies to

QDRO

Unless otherwise agreed, a defined-benefit-plan QDRO must include or be governed by the stated separate-interest, benefit-division, assigned-benefit, subsidy, and survivor-annuity provisions.

Unless otherwise agreed, a QDRO for a defined benefit plan shall contain the following provisions or shall be governed by the following assumptions: - a. The QDRO will be a separate interest QDRO, meaning the alternate payee's benefits shall be independent of those of the participant. - b. The division of benefits shall be based on the language of the case of Hoyt v. Hoyt (1999), 53 Ohio St.3d 177 and its progeny. - c. The benefits assigned to the alternate payee shall include any and all temporary and supplemental benefits. Further, the benefits assigned to the alternate payee shall include all early retirement subsidies and, should the alternate payee commence receipt of benefits prior to participant's retirement, the alternate payee's benefits will be recalculated to reflect the subsidy. - d. The alternate payee will be deemed to be the surviving spouse of the participant to the extent of benefits assigned for the purpose of a pre-retirement survivor annuity.

CRITICAL

Applies to

Initial pleading

The filing party must file instructions for service with the initial pleading.

Consistent with Ohio Rules of Civil Procedure, the filing party shall also file instructions for service

CRITICAL

Applies to

Notice of intent to relocate

Unless the county's local relocation rule is incorporated into the order, a residential parent who intends to move to a different residence must file a notice of intent to relocate with the court that issued the order or decree.

RELOCATION NOTICE: UNLESS THIS COUNTY'S LOCAL RULE REGARDING RELOCATION IS INCORPORATED INTO YOUR ORDER, THEN: Pursuant to Ohio Revised Code Section 3109.051(G), the parties hereto are hereby notified as follows: IF THE RESIDENTIAL PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARENTING TIME ORDER OR DECREE OF THE COURT, THE PARENT SHALL FILE A NOTICE OF INTENT TO RELOCATE WITH THE COURT THAT ISSUED THE ORDER OR DECREE.

CRITICAL

Applies to

Mandatory discovery disclosure

Records of stocks, bonds, stock options, other investment vehicles, and twelve months of brokerage statements must be exchanged as to the parties’ assets.

- 10. All stocks, bonds, savings bonds or stock, stock options or other investment vehicles, as well as twelve (12) months of brokerage statements.