Clinton County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Case file

The file must contain proof, such as an assignment, that the party seeking judgment is the current holder of record of the mortgage.

8.2) Proof that the party seeking judgment is a current holder of record of a mortgage is in the file.(assignment)

CRITICAL

Applies to

Agreed entry

Parties agreeing to modify parental rights and responsibilities must submit an agreed entry with appropriate attachments to the DR Magistrate’s Administrative Assistant for compliance review.

Parties who agree to modification of parental rights and responsibilities shall submit an agreed entry with the appropriate attachments to the Office of the Administrative Assistant to the DR Magistrate for compliance review.

CRITICAL

All parties claiming interests disclosed in the preliminary and final Certificates of Title must be named as defendants and their interests identified.

6.0) All parties claiming an interest in the subject property(ies), as disclosed in the preliminary and final Certificate of Title have been named as defendant and their interest have been identified.

CRITICAL

Applies to

Affidavit

When a party’s address is unknown or cannot be found with reasonable diligence, counsel must file an affidavit attesting to that fact to dispense with notice.

If the address of any party is unknown or cannot be ascertained with reasonable diligence, notice will be dispensed with upon filing of an affidavit of counsel attesting to such fact.

CRITICAL

Applies to

Complaint or third party complaint

A case designation sheet must be filed when a complaint or third-party complaint is submitted for e-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

Civil case filing

A civil case filing must designate the type of case using the Supreme Court definitions.

Civil cases shall designate the type of case, according to the Supreme Court definitions.

CRITICAL

Applies to

Motion or agreed entry

After service is perfected, changed circumstances following an ex parte order require the parties to seek a new order by motion and hearing or by filing an agreed entry.

If circumstances change after the filing of the ex parte orders and service has been perfected, the parties must seek a new order by motion and hearing or by the filing of an agreed entry.

CRITICAL

Applies to

Mandatory discovery disclosure

Proof of child care costs, such as cancelled checks or receipts, must be exchanged.

- E. Proof of child care costs (cancelled checks and/or receipts).

CRITICAL

Applies to

Pleading

Pleadings must include the telephone number of each party who is unrepresented.

Pleadings shall also contain the telephone number of any party who is not represented by counsel.

CRITICAL

Applies to

Responsive pleadings

Responsive pleadings listed are an Answer, a Counterclaim if applicable, and a fully completed Affidavit of Property.

## RESPONSIVE PLEADINGS - • Answer, and if applicable, Counterclaim - • Affidavit of Property – Fully completed (Form 1.0)

CRITICAL

Applies to

Motion

Temporary spousal support requires a separate motion and a hearing under the Local Rules.

NOTE: Temporary spousal support requires a separate motion and hearing pursuant to Local Rules.

CRITICAL

Applies to

IV-D application

Provide SSNs on required IV-D Applications, submit them to the Magistrate’s Administrative Assistant with the initial pleadings, and do not file them with the Clerk.

SSNs must still be provided on IV-D Applications (required in cases with child and/or spousal support). These documents must be submitted to the Administrative Assistant for the Domestic Relations Magistrate at the appropriate time (with initial pleadings for IV-D Applications). The Court will then transmit these documents to the CSEA. DO NOT FILE THE IV-D APPLICATION WITH THE CLERK OF COURTS.

CRITICAL

Applies to

Affidavit

For parties who have not appeared and are capable of serving in the Armed Forces, counsel must file an affidavit complying with 50 U.S.C. 521.

14.0) For all parties who have not entered an appearance and are capable of serving in the United States Armed Forces, I have filed an affidavit that complies with 50 U.S.C. 521 (the Service Members' Civil Relief Act).

CRITICAL

Applies to

Motion to set aside

A motion to set aside the magistrate’s order must state the party’s objections with particularity.

Pursuant to Civ.R. 53(C)(3)(b), any person may appeal to the court from any order of a magistrate entered under Civ.R. 53(C)(3)(a) by filing a motion to set the order aside stating the party's objections with particularity no later than ten (10) days after the magistrate's order is entered.

CRITICAL

Applies to

Proposed order or entry

A proposed order or entry must be submitted using the “proposed entry” document type in the e-Filing portal.

In order to submit a proposed order or entry you must select the "proposed entry" document type in the e-Filing portal.

CRITICAL

Applies to

Protection order modification or termination form

A party seeking to modify or terminate a domestic violence civil protection order must file Ohio Supreme Court Form 10.01-K.

Ohio Supreme Court Form 10.01-K must be filed to modify or terminate a protection order.

CRITICAL

Applies to

Parenting proceeding affidavit

Provide the requested information for all minor or dependent children and list every place they have lived during the last five years.

Insert the information requested below for all minor or dependent children of this marriage. You must list the residences for all places where the children have lived for the last FIVE years.

CRITICAL

Applies to

Temporary child support order

An order directing payment through CSEA must include all required statutory language.

If paid through the CSEA, all required statutory language must be included in the order.

CRITICAL

Must include

proposed order

An attorney seeking withdrawal must present a filed motion and proposed entry to the assigned Judge or Magistrate, and the motion must provide the scheduled hearing date and time, reasons for withdrawal, and the two required client and continuance statements.

An attorney seeking to withdraw as counsel in a pending case shall present a filed motion and proposed entry to the assigned Judge or Magistrate. The motion shall contain the following: - 1. Date and time of any scheduled hearings; - 2. Reasons for withdrawal; - 3. Statement that the client must promptly obtain new counsel unless new counsel is already in the case; and - 4. Statement that no continuances of pending hearings will be granted solely for the reason of change of counsel.

CRITICAL

Applies to

Case file

The file must contain proof, such as an assignment, that the party seeking judgment is the current holder of the note.

8.1) Proof that the party seeking judgment is a current holder of a note is in the file. (assignment)

CRITICAL

Applies to

Written notice

The prosecutor must notify the Court in writing of the speedy trial date.

The prosecutor shall notify the Court, in writing, of the speedy trial date.

CRITICAL

Applies to

Supplemental form 1

If the Tax Map Office rejects a property description, the plaintiff must obtain an approved new or corrected description, evidenced by a supplemental Form 1, before an order of sale is issued.

If the legal description of the property(ies) is rejected for transfer by the Tax Map Office, a legal description obtained from a new survey of the property(ies) or otherwise corrected, and approved by the Tax Map Office, shall be obtained by the plaintiff in the action prior to the issuance of any order of sale for the property(ies) by the Clerk to the Sheriff of this county. Such new description shall be evidenced by a supplemental Form 1, indicating the approval of the legal description by the Tax Map Office.

CRITICAL

Applies to

Health care expense motion

The health care expense reimbursement motion must state insurance payments, remaining balances, and the amount sought.

Further, the motion must state all amounts that have been paid by insurance companies, the balances remaining, and the amount sought to be reimbursed.

CRITICAL

Applies to

Division of pension order

Division of retirement benefits for members of the listed Ohio systems must conform to each agency's administrative rules.

The division of retirement benefits for members of the Ohio Public Employees Retirement System (OPERS), State Teachers Retirement System (STRS), School Employees Retirement System (SERS), Ohio Police and Fire Pension Fund (OP&F), and Ohio Highway Patrol Retirement System (HPRS) shall conform with the requirements of each agency's respective administrative rules.

CRITICAL

Applies to

Agreed modification

An agreed modification where one party is represented by counsel must be set for hearing, with notice giving the unrepresented party an opportunity to be heard.

Any agreed modification where one party is represented by counsel shall be set for hearing and notice provided to give unrepresented party opportunity to be heard.

CRITICAL

Applies to

Entry or decree

An entry or decree affecting real-property title must include either the most recent deed or a typed legal description, and the deed or description must show Tax Map Office approval and include the prior deed reference.

Any entry or decree that affects the title to any real property must have a copy of the most recent deed to said property attached or the legal description typed into the entry or decree. The attached deed and/or the typed legal description must indicate that the legal description has been approved for filing by the Tax Map Office and must include the prior deed reference.

CRITICAL

Applies to

Contempt motion

An attorney seeking a contempt-related fee award higher than the standard award must request fees in the motion and comply with Local Rule 3.07.

If a higher award is sought, the attorney must request fees as part of the motion and comply with Local Rule 3.07 (Attorney fees).

CRITICAL

Applies to

Temporary child support order

Each temporary child support order must have a child support worksheet attached, and the amount must be calculated under O.R.C. 3119.

The amount of the temporary child support order shall be calculated pursuant to O.R.C. 3119 and a child support worksheet shall be attached to each temporary order.

CRITICAL

Applies to

Conciliation motion

A motion for conciliation must be filed in accordance with Ohio Revised Code 3105.091.

A motion for conciliation must be filed in accordance with Ohio Revised Code 3105.091.

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

Pleading motion memorandum

Every filed pleading, motion, and memorandum must identify filing counsel and, when counsel is a firm, the attorney with primary responsibility.

Every pleading, motion, and memorandum filed shall have typed or printed thereon the name, address, Supreme Court number, and telephone number of counsel filing the same. When the counsel is a firm of attorneys, a particular attorney within the firm having primary responsibility for the case shall be indicated thereon.

CRITICAL

Applies to

Pleading

Pleadings prepared by an attorney must include the attorney’s signature, name, address, telephone number, and Ohio Supreme Court registration number.

All pleadings shall contain the signature, name, address and telephone number of the attorney preparing the pleading, along with the attorney’s registration number issued by the Supreme Court of Ohio.

CRITICAL

Applies to

Notice of presentation of entry

The proposed entry must be attached to the Notice of Presentation of Entry.

The proposed entry shall be attached to the notice.

CRITICAL

Applies to

Mandatory discovery disclosure

For real estate owned before marriage, proof of the specified purchase, value, mortgage, and improvement amounts must be exchanged.

- 2. If real estate was owned prior to the marriage: Proof of purchase price, fair market value and mortgage balance at time of marriage; present mortgage balance and cost of improvements during the marriage.

CRITICAL

Applies to

Attorneys certification of readiness

Before judgment in an action to quiet title, partition, or marshal and foreclose real-property liens, plaintiff's counsel must complete and file the Attorney's Certification of Readiness with the Clerk.

Prior to the issuance of any judgment in an action to quiet title, partition, and/or for the marshalling and foreclosure of liens on real property, counsel for plaintiff shall complete and file with the Clerk an Attorney's Certification of Readiness (Local Rule 20 - Form 2).

CRITICAL

Applies to

Order to attend educational seminar

An order requiring both parties to attend the seminar must be filed with the Complaint for Divorce, Annulment, or Legal Separation.

An order requiring attendance by both parties shall be filed with the Complaint for Divorce, Annulment or Legal Separation.

CRITICAL

Applies to

Order with child support

The Child Support Notifications attachment is mandatory for all orders with child support.

## Child Support Notifications (Mandatory Attachment for all Orders with Child Support)

CRITICAL

Applies to

Health care expense motion

A health care expense reimbursement motion must list the bills chronologically and identify each provider, service, and recipient as specified.

All motions must contain a chronological list of all bills for which payment is requested, the name and address of each health care provider, the date of service, the nature of the service provided and the name and date of birth of the person who received the services.

CRITICAL

Applies to

Mediation report

At mediation’s conclusion, the mediator must submit a report to the Court, keep it out of the case file, and state whether the parties reached agreement on any mediated issue.

At the conclusion of mediation, the mediator shall submit a mediation report to the Court (which shall not be filed in the Court's case file) and provide copies to the parties and their attorneys if represented. A mediation report shall indicate whether agreement has been reached on any of the issues that were the subject of the mediation.

CRITICAL

Applies to

Parenting proceeding affidavit

Each party must file the affidavit with their first pleading in every parenting proceeding, including dissolutions, divorces, and domestic violence petitions.

By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court, including Dissolutions, Divorces and Domestic Violence Petitions.

CRITICAL

Applies to

Ex parte temporary restraining order motion

A motion for an ex parte temporary restraining order preventing a party from returning to the residence must include an affidavit stating the departure date, length of continuous absence, and any known reason for the absence.

The motion seeking an ex parte temporary restraining order preventing a party from returning to the residence must be accompanied by an affidavit setting forth the approximate date on which the absent party left the residence, the number of days (months) of continuous absence immediately preceding the filing of the motion and any reason for the absence that is known to the movant.

CRITICAL

Applies to

Complaint or cross claim

A legible copy of the recorded mortgage, including a legible legal description, must be attached to the Complaint or Cross Claim.

2.0) A legible copy of the recorded mortgage with a legible legal description is attached to the Complaint or Cross Claim

CRITICAL

Applies to

Complaint or petition

If Juvenile Court has jurisdiction over all children of the marriage, the Complaint or Petition must state that fact.

When Juvenile Court has jurisdiction over all of the children of a marriage, the Complaint or Petition shall contain a statement to that effect.

CRITICAL

Applies to

Mandatory discovery disclosure

Documents concerning pending or settled lawsuits or government claims must be exchanged as to the parties’ assets.

- 7. Any pending or settled lawsuits or government claims (workers compensation, unemployment compensation, Social Security, etc.).

CRITICAL

Applies to

Health care expense motion

A motion for reimbursement of health care expenses must state that the movant previously forwarded the medical bills and calculation of the amount due, and that timely payment was not made.

Any motion seeking reimbursement for health care expenses shall contain a statement that the movant has previously forwarded the medical bills and a calculation of the amount due to the respondent and that timely payment has not been made.

CRITICAL

Applies to

Child support order request

A request for a child support order must include an attached worksheet.

Child Support in the amount of $ _____ per month (MUST ATTACH WORKSHEET)

CRITICAL

Applies to

Form 30c

If admission is granted, Form 30c must be completed at the first reasonably available record hearing to acknowledge understanding of the program requirements.

If granted, Form 30c shall be completed at the first reasonably available record hearing to formally address the application in conjunction with other issues then pending before the Court. Form 30c represents the offender's acknowledgement of understanding of the requirements of the Recovery Docket programming prior to entry onto the Docket.

CRITICAL

Applies to

Proposed order or entry

To submit a proposed order or entry, select the “proposed entry” document type in the e-Filing portal.

In order to submit a proposed order or entry you must select the “proposed entry” document type in the e-Filing portal.

CRITICAL

Applies to

Divorce or dissolution decree

Divorce and dissolution decrees involving minor children must include orders addressing the listed matters.

All divorce decrees and decrees of dissolution involving minor children must contain orders providing for matters such as child support, health insurance, parenting time, notice of intent to relocate, application for Child Support Enforcement services and the list goes on.

CRITICAL

Applies to

Motion

When the stated child-support order should be consolidated in the General Division Common Pleas Court, motions must be filed in both courts.

If at the time of the filing of a Complaint for Divorce or Petition for Dissolution there is a Clinton County Juvenile Court child support order for the benefit of one or more of the parties' children, and if the order should be consolidated in General Division Common Pleas Court, motions must be filed in both Courts.