Clinton County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Trial exhibits

Before a hearing begins, each party must provide the Court with an index of exhibits.

Before a hearing begins, each party shall provide the Court with the following: - 1. An index of exhibits; and

CRITICAL

Applies to

Confirmation of sale

When counsel other than the plaintiff’s counsel have appeared, the confirmation must be endorsed by all such counsel.

A. Where there are counsel of record other than the plaintiff, the confirmation of sale of real estate shall be endorsed by all such counsel who have appeared of record, in the event it is not so endorsed, counsel for Plaintiff shall file a Motion and Entry for Confirmation of Sale which shall be held for fourteen days before being submitted to the Court for ruling.

CRITICAL

Applies to

Notice of intent to relocate

The residential parent must file a Notice of Intent to Relocate with the Juvenile Court when relocating from the residence specified in the parenting time order.

The residential parent shall file a Notice of Intent to Relocate if the parent intends to move to a residence other than the residence specified in the parenting time order. The Notice shall be filed with the Juvenile Court at least thirty (30) days before the intended relocation. The address of the Juvenile Court is: Clinton County Common Pleas Court, Juvenile Division, Clinton County Courthouse, Wilmington, Ohio 45177.

CRITICAL

Applies to

Decree of dissolution

A Decree of Dissolution must have the Marital Separation Agreement attached.

- ○ Must attach Separation Agreement (Marital Separation Agreement)

CRITICAL

Applies to

Final judgment entry

When a QDRO will be issued, the final judgment entry must include both specified clauses.

In all cases in which a QDRO is to be issued, the final judgment entry shall contain the following language: - 1. “The Court retains jurisdiction with respect to the Qualified Domestic Relations Order to the extent required to maintain its qualified status and the original intent of the parties. The Court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein, including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order.” - 2. “The participant shall not take actions, affirmative or otherwise, that can circumvent the terms and provisions of the Qualified Domestic Relations Order, or that may diminish or extinguish the rights and entitlements of the participant.

CRITICAL

Applies to

Document requiring original signature

The signed document must be retained through case closure and the stated completion of the appeal and post-judgment-relief periods.

The signed document shall be maintained until the case is closed and the time for appeal has expired or the appeals have been heard or denied and all opportunities for post judgment relief are exhausted.

CRITICAL

Applies to

Parenting proceeding affidavit

Do not sign the parenting proceeding affidavit until a notary is present.

(Do Not Sign Until Notary is Present)

CRITICAL

Applies to

Child support worksheet

A child support worksheet must be filed even when both parties remain in the marital residence.

A child support worksheet is still required to be filed.

CRITICAL

Applies to

Motion to modify prior order

A motion to modify a prior order must state the order and its date, the requested modification, and the specific change in circumstances identified as justification.

All motions to modify prior orders of the Court shall contain a statement of the order sought to be modified, the date of such order, the nature of the modification sought, and the specific change in circumstances which justifies

CRITICAL

Applies to

Affidavit

The affidavit includes the affiant’s statement that the information is complete and accurate to the best of their belief under penalty of law.

Affiant states this information to be complete and accurate to the best of his/her belief under penalty of law.

CRITICAL

Applies to

Contempt motion

A contempt motion must identify the allegedly violated order, its date, and the facts of the violation, and must state amounts owed when money is involved.

All motions requesting a contempt finding shall contain a statement of the court order alleged to have been violated, the date of the court order, and the facts constituting the violation. If payment of money is involved, the amounts owed shall be stated in the motion.

CRITICAL

Applies to

Guardian ad litem appointment

If the Court appoints a GAL, it must file GAL Form 1.

In either case, if the Court appoints a GAL, the Court shall file GAL Form 1.

CRITICAL

Applies to

Mandatory discovery disclosure

Documents concerning notes receivable or loans to others must be exchanged as to the parties’ assets.

- 9. Notes receivable or loans to others.

CRITICAL

Applies to

Divorce or legal separation without children final forms

The final forms for divorce or legal separation without children include a Decree of Divorce or Legal Separation and, if applicable, a waiver concerning the Magistrate's Decision objection period.

## FINAL FORMS - • Decree of Divorce or Legal Separation - • Waiver of Magistrate's Decision – Objection Period (If applicable)

CRITICAL

Applies to

Motion

Disputed portions of specified discovery requests must be filed with a related Rule 26(C) or Rule 37 motion.

If relief is sought under Ohio Civil Rule 26(C) or Ohio Civil Rule 37 concerning interrogatories, requests for production of documents or inspections, and requests for admissions, copies of the portions of such documents which are in dispute shall be filed with the Court contemporaneously with any motion filed under Ohio Civil Rule 26(C) or Ohio Civil Rule 37.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

A continuance request must be made by written motion accompanied by a proposed order; the motion must include the listed dates, subject matter, reason, applicable conflicting trial-assignment notice, and opposing counsel's or party's position.

Requests for continuances must be made by written motion AND accompanied by a proposed order. The motion must contain: - 1. The filing date of the original motion; - 2. The subject matter of the motion; - 3. The scheduled hearing date; - 4. Reason for the continuance; - 5. Copy of conflicting trial assignment notice attached, if appropriate; and - 6. Statement as to whether or not opposing counsel/party agrees to the continuance.

CRITICAL

Applies to

E filed document requiring attorney or filing party signature

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

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

Mandatory discovery disclosure

Financial or brokerage account records, including one year of statements and cancelled checks or registers, must be exchanged as to the parties’ assets.

- 4. Financial or brokerage accounts (one year of statements and cancelled checks or registers).

CRITICAL

Applies to

Support order contempt hearing

The moving party must present a CSEA payment history at a support-order contempt hearing; an available audit may be submitted but is not required.

At the hearing on a motion for contempt of a support order, a CSEA payment history (i.e. a computer printout from the CSEA) must be presented by the moving party. An audit may be submitted, if available, but is not required.

CRITICAL

Applies to

Temporary spousal support motion

A motion for temporary spousal support must be accompanied by Form 1.1, the Affidavit of Income and Expenses.

A motion for temporary spousal support shall be accompanied by Form 1.1 (Affidavit of Income and Expenses).

CRITICAL

Applies to

Attorney certification

When certifying that the mortgage's legal description is correct and approved for transfer, attach Local Rule 20 Form 1 to the Certification.

3.0) The legal description in the mortgage is correct and has been approved for transfer by the Clinton County Tax Map Office. Local Rule 20 - Form 1 is attached to this Certification.

CRITICAL

Applies to

Form 30a application

An offender seeking screening must submit an application on Form 30a.

Upon application frilled by the offender on Form 30a, the Recovery Docket case manager will initially screen applicants for eligibility.

CRITICAL

Applies to

Guardian ad litem appointment motion

A party seeking appointment of a GAL must file a motion and set it for hearing, unless making an oral motion during a pretrial hearing.

A party requesting appointment of a GAL must file a motion, set the matter for hearing and serve the other party pursuant to the Ohio Rules of Civil Procedure (unless an oral motion is made during a pretrial hearing).

CRITICAL

Applies to

QDRO

The pension participant must sign any releases necessary to facilitate drafting of the QDRO.

The pension participant shall sign any releases necessary to facilitate drafting of the QDRO.

CRITICAL

Applies to

Motion

Must include

proposed order

When the parties live separately, the Plaintiff must file a motion and proposed ex parte parenting-time order with the Complaint that provides at least the parenting time in the Court's Standard Parenting Schedule.

If the parties are living in separate households, the Plaintiff shall file with the Complaint a motion and proposed ex parte order granting parenting time to the non-residential parent at a minimum in accordance with the Court's Standard Parenting Schedule (attached as Appendix 5 to these Local Rules).

CRITICAL

Applies to

Agreed entry

When a matter scheduled for hearing settles by agreement, the agreement must be read into the record or both parties must sign an agreed entry at the hearing.

When a matter scheduled for hearing is settled by agreement, said agreement shall be read into the record or both parties shall sign an agreed entry at the hearing.

CRITICAL

Applies to

Mediation order

A mediation order must be filed when the Court orders mediation.

When the Court orders mediation, a mediation order shall be filed.

CRITICAL

Applies to

Response

The responding party must file Form 1.1 before or at the hearing.

The responding party shall file Form 1.1 before or at the hearing.

CRITICAL

Applies to

Dissolution without children final forms

The final forms for a dissolution without children include a Decree of Dissolution with the Marital Settlement Agreement attached and, if applicable, a waiver concerning the Magistrate's Decision objection period.

## FINAL FORMS - • Decree of Dissolution - ○ Must attach Separation Agreement (Marital Settlement Agreement) - • Waiver of Magistrate's Decision – Objection Period (If applicable)

CRITICAL

Applies to

Decree of dissolution

A Decree of Dissolution must have the Marital Settlement Agreement attached.

- ○ Must attach Separation Agreement (Marital Settlement Agreement)

CRITICAL

Applies to

Contempt motion

Must include

caption

A contempt motion's caption must identify it as a contempt motion so the Clerk of Courts may issue a summons.

Whenever a motion for contempt is filed, the caption must so indicate so that the Clerk of Courts may issue a summons.

CRITICAL

Applies to

Entry submission

If no written objection is filed within the 14-day period, the drafting counsel must present the file-stamped notice and proposed entry to the assigned Judge or Magistrate for consideration.

If, after the expiration of the fourteen (14) day period, opposing counsel has not filed a written objection, the counsel who drafted the document shall present both the file-stamped Notice of Presentation of Entry and the actual proposed entry to the assigned Judge/Magistrate for consideration.

CRITICAL

Applies to

Mandatory discovery disclosure

If applicable, the cost of contribution of health insurance under COBRA must be exchanged.

- F. Cost of contribution of health insurance under COBRA (if applicable).

CRITICAL

Applies to

Complaint or third party complaint

The filing party must file a case designation sheet when submitting a complaint or third-party complaint for electronic filing.

When any complaint or third-party complaint is submitted for electronic filing, the filing party shall file a case designation sheet.

CRITICAL

Applies to

Divorce or legal separation with children final forms

The final forms for divorce or legal separation with children include the listed decrees, child-support worksheet, and, if applicable, a waiver concerning the Magistrate's Decision objection period.

## FINAL FORMS - • Decree of Divorce or Legal Separation - • 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

QDRO

When the parties agree to divide a pension or retirement program by QDRO, the parties and their counsel must sign and approve the original and every subsequent QDRO submitted to the Court unless the Court waives the requirement.

Whenever the parties agree to divide a pension or retirement program by a QDRO, they and their counsel shall sign and approve the original of a QDRO submitted to the Court, and shall sign and approve any subsequent QDRO submitted to the Court, unless waived by the Court.

CRITICAL

Applies to

Transcript request

A party or counsel seeking a transcript must file a written request with the Clerk under the case number.

- a. File a written request for transcripts under the case number with the Clerk;

CRITICAL

Applies to

Psychological or psychiatric evaluation report

The evaluator must provide the Court an original report and recommendations that include the case name, case number, and hearing date, unless the Court orders otherwise.

The psychologist or psychiatrist will provide the Court with the original written report and recommendations (including case name and number and date of hearing) no less than seven (7) days prior to the hearing unless otherwise ordered, with copies mailed to counsel for each party, or to a party if unrepresented.

CRITICAL

Applies to

Certificate

13.1) A bankruptcy proceeding is currently pending for one or multiple Defendants named in this case, but relief from stay has been granted to Plaintiff(s) to proceed in this matter.

13.1) A bankruptcy proceeding is currently pending for one or multiple Defendants named in this case, but relief from stay has been granted to Plaintiff(s) to proceed in this matter.

CRITICAL

Applies to

Proposed order or entry

A proposed order or entry submitted for review, or another document requiring a judge's signature, must reference the specific motion to which it applies.

A proposed order or proposed entry submitted for review (or other documents requiring a judge’s signature) shall be submitted in Word [.doc] format and reference the specific motion to which it applies.

CRITICAL

Applies to

Order to attend educational seminar

In dissolution cases, each Petitioner must sign and file an order to attend the educational seminar.

In cases of Dissolution, each Petitioner shall sign and file an order to attend the educational seminar.

CRITICAL

Applies to

Motion

Motions must comply with Local Rule 1.01 (B) and Local Rule 3.04.

Motions must comply with Local Rule 1.01 (B) and Local Rule 3.04.

CRITICAL

Applies to

Initial and final pleading

Must include

caption

Initial and final pleadings must list both parties’ names, addresses, and dates of birth in the caption.

All initial and final pleadings shall contain the names, addresses, and dates of birth of both parties in the case caption.

CRITICAL

Applies to

Trial exhibits

Trial exhibits must be submitted at trial rather than attached to pleadings unless the hearing Judge or Magistrate gives special permission.

Exhibits that will be used at trial shall be submitted at trial and not attached to any pleadings filed with the Court without special permission from the Judge or Magistrate hearing the case.

CRITICAL

Applies to

Mandatory discovery disclosure

Proof of the marginal cost of health care insurance, including single and child coverage costs, must be exchanged.

- D. Proof of the marginal cost of health care insurance (cost of single coverage and cost of coverage for children).

CRITICAL

Applies to

Motion

A residential parent seeking to restrict or deny parenting time must file a separate motion with a supporting affidavit and obtain an order from the assigned Judge or Magistrate.

If the residential parent wishes to restrict or deny parenting time, a separate motion with supporting affidavit must be filed and an order must be obtained from the Judge or Magistrate assigned to the case.

CRITICAL

Applies to

Motion

A motion seeking leave to file outside the Portal must state 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

Subsequent pleading

When a plaintiff or defendant is added after a case begins, subsequent pleading captions must include the new party's name, address, and applicable new-party designation.

When a new party plaintiff or defendant is added to a case after its commencement, the caption of subsequent pleadings shall contain the name and address of the new party, followed by the specific designation of “new party plaintiff” or “new party defendant” as is applicable.

CRITICAL

Applies to

Mandatory discovery disclosure

Life insurance policies and records of cash surrender value, policy loans, and current beneficiary designation must be exchanged as to the parties’ assets.

- 5. All life insurance policies with proof of cash surrender value, history of loans against such policies and present beneficiary designation.

CRITICAL

Applies to

Attorney conformed signature

An attorney’s conformed signature must follow the stated format, including the attorney’s name, bar number, representation, firm, address, telephone, fax, and email information.

The correct format for an attorney's conformed signature is as follows: /s/Attorney Name Attorney Name Bar Number 1234567 Attorney for [Plaintiff/Defendant] XYZ Corporation ABC Law Firm Address Telephone Fax number and E-mail address