Clinton County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Final supplemental certificate of title

The filed Final (Supplemental) Certificate of Title must match the preliminary report's end date, cover the lis pendens date, and list additional parties not subject to lis pendens.

5.0) A Final (Supplemental) Certificate of Title has been filed. Its start date matches the preliminary report's end date and covers the lis pendens date. It lists all additional parties not subject to lis pendens.

CRITICAL

Applies to

Modified parenting time order

A parent must obtain a modified parenting time order before relocating the children out of their current county.

Neither parent may relocate the children out of Clinton County (or the County where the children presently reside) without first obtaining a modified parenting time order.

CRITICAL

Applies to

Motion

Must include

proposed order

If the parties live separately and do not have an established parenting plan that has successfully allocated parental rights, the Plaintiff must file a motion and proposed ex parte order with the Complaint.

Otherwise, if the parties live in separate households, the Plaintiff shall file with the Complaint a motion and proposed ex parte order granting temporary residential parent status as follows:

CRITICAL

Applies to

Pleading

All pleadings must comply in form and content with the Ohio Rules of Civil Procedure, the Ohio Revised Code, and the Local Rules.

All pleadings shall comply in form and content with Title III of the Ohio Rules of Civil Procedure, requirements of the Ohio Revised Code, and Local Rules, Clinton County Common Pleas, Domestic Relations Rules (hereinafter referred to as “Local Rules” or “LR”).

CRITICAL

Applies to

Entry of confirmation

As far as possible, entries confirming sales must distribute proceeds according to priorities and discharge liens of record.

B. In so far as is possible, all such entries of confirmation shall distribute proceeds according to their priorities and discharge liens of record.

CRITICAL

Applies to

Post decree modification initial filings

The initial filing checklist for post-decree modification of parental rights and responsibilities, including child support, lists a motion and the specified affidavits, plan, and worksheet.

## POST-DECREE MODIFICATION OF PARENTAL RIGHTS AND RESPONSIBILITIES (INCLUDING CHILD SUPPORT) ## INITIAL FILINGS - • Motion - • 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 (with computation for cash medical) (Form 3.0)

CRITICAL

Applies to

Attorney certification

If the mortgage's legal description is incorrect, assert a count for reformation and attach Local Rule Form 1 Supplemental to the Certification.

3.1) The legal description in the mortgage is incorrect. I have asserted a count for reformation of the mortgage. Local Rule- "Form 1 Supplemental" is attached to this Certification.

CRITICAL

Applies to

Motion

Any modification of a court order, including an agreed modification, must be initiated by filing a motion.

All modifications of a court order (including changes in the allocation of parental rights and responsibilities) shall be initiated by the filing of a motion, even when the parties agree to the modification.

CRITICAL

Applies to

Divorce and dissolution pleadings

Affidavit Short Form 1.0 must be attached to divorce and dissolution pleadings.

(To be attached to Divorce and Dissolution Pleadings)

CRITICAL

Applies to

Supplemental certificate of title

The Supplemental Certificate of Title must report service details for each party, disclose later-filed liens or mortgages and any applicable lis pendens basis, and remain in the case file.

Said Supplemental Certificate shall state the method of service and date of service on each of the parties to the action and shall include a disclosure of any additional liens or mortgages that have been filed since the date of the Preliminary Certificate of Title was issued, and, if applicable, the reasons that such additional liens or mortgages are claimed to be subject to the doctrine of lis pendens, and the holders thereof not necessary parties to the action. The certificates of title shall become and remain part of the file in the case.

CRITICAL

Applies to

Preliminary certificate

The Preliminary Certificate must be addressed to the Court and include the owners, the specified prior recording information, the parcel numbers, and all recorded lienholders and other claimants and their interests.

The Preliminary Certificate, which shall be addressed to the Court, shall include: - 1. The names of the owners of the property; - 2. Reference to the volume, page, and date of the recording of the next preceding recorded instrument by or through which the owners claim title; - 3. The parcel number(s) assigned by the Clinton County Auditor to the property(ies) the subject of the action. - 4. The names of all lien holders of record and any other parties claiming an interest in the real property the subject of the action, and the nature of such interest.

CRITICAL

Applies to

Motion for emergency hearing

An emergency-hearing motion must be presented to the DR Magistrate’s Administrative Assistant with an affidavit stating the emergency’s nature and the relief sought.

A motion for an emergency hearing, accompanied by an affidavit setting out the nature of the emergency and the relief sought, shall be presented to the Administrative Assistant for the DR Magistrate.

CRITICAL

Applies to

Proposed order or entry submitted for review

A proposed order or entry submitted for review 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

Mandatory discovery disclosure

If a party is a party, trustee, settlor, beneficiary, or party in interest, the trust documents must be exchanged as to the parties’ assets.

- 8. Trust documents (if a party, trustee, settlor, beneficiary, or party in interest).

WARNING

Applies to

Affidavit

If more space is needed to list assets or debts, the filer must check the box and attach additional information.

If you need additional space to list assets and/or debts, check the box to the left and attach additional information.

WARNING

Applies to

Transcript

If the agreement was recorded, a transcript must be obtained and presented at the conference.

If the agreement was recorded, a transcript must be obtained and presented at the conference.

WARNING

Applies to

Filing

Incomplete or inaccurate party information and an incorrect case number on orders or entries may result in a deficiency notice.

By way of examples, notification of deficiencies may be given for reasons including, but not limited to, the use of incorrect electronic file format; failure to pay correct filing fees, including those for a requested jury demand; submitting multiple documents in one uploaded file; incomplete or inaccurate party information; submission of orders or entries and incorrect case number.

WARNING

Applies to

General division common pleas court motion

The General Division Common Pleas Court motion should request that the Court accept the transfer.

The General Division Common Pleas Court motion should request the Court to accept transfer.

WARNING

The financial disclosure list requires an itemization of household goods and furnishings with an opinion of fair market value.

13. Itemization of household goods and furnishings with an opinion as to fair market value.

WARNING

Applies to

Parenting proceeding affidavit

For subsection 2b, check the box and skip to the next question if the information is the same as in subsection 2a.

Check this box if the information requested below would be the same as in subsection 2a and skip to the next question.

WARNING

The miscellaneous disclosure list requires safety deposit box entry cards for the six months before filing the action.

1. Safety deposit box entry cards for six (6) months prior to filing of action.

WARNING

Applies to

Decree entry or magistrate decision

If compliance review does not approve the documents, the preparer must pick them up, make the necessary changes, and resubmit them to the Administrative Assistant to the DR Magistrate.

If the documents are not approved, the person responsible for their preparation will be contacted and required to pick up the documents, make necessary changes, and resubmit the documents to the Office of the Administrative Assistant to the DR Magistrate.

WARNING

Applies to

Certificate

For a real-property-tax claim, the certificate asks counsel to certify that the Clinton County Treasurer has been named as a defendant.

11.0) The Clinton County Treasurer has been named as a defendant for the claim of real property taxes.

WARNING

Applies to

Court forms

Parties should not prepare or file these forms.

(Parties Should Not Prepare and File)

WARNING

Applies to

Parenting proceeding affidavit

If more space is needed for additional cases in the criminal-convictions section, attach a separate page and check the box.

IF MORE SPACE IS NEEDED FOR ADDITIONAL CASES, ATTACH A SEPARATE PAGE AND CHECK THIS BOX .

WARNING

The financial disclosure list requires disclosure of all other assets, including the listed examples.

14. All other assets (including but not limited to judgments, airline miles, gift certificates, deferred compensation, unused vacation or sick pay, etc.).

WARNING

Applies to

Qualified domestic relations order

Note: Qualified Domestic Relations Orders (QDRO) may be required in any of the foregoing actions if retirement assets are being divided in kind.

Note: Qualified Domestic Relations Orders (QDRO) may be required in any of the foregoing actions if retirement assets are being divided in kind.

WARNING

If more space is needed, add additional pages.

If more space is needed, add additional pages.

WARNING

If dissipation of assets is claimed, the disclosure list requires all documents evidencing the dissipation.

15. If claim of dissipation of assets, all documents evidencing the same.

WARNING

The liability disclosure list requires credit applications made by either party.

4. Credit applications by either party.

WARNING

Applies to

Parenting proceeding affidavit

Check and complete all applicable items on the affidavit.

Check and complete ALL THAT APPLY:

WARNING

Applies to

Filing

At filing, any orders from another court that may affect temporary orders should be referenced and a copy attached.

At the time of filing, if there are any orders from another court that may affect the issuance of temporary orders in this Court, the orders should be referenced and a copy attached (Example: Juvenile, Probate, Domestic Violence Orders, etc.).

WARNING

The liability disclosure list requires Chapter 7 or 13 bankruptcy documents from the last seven years.

5. Chapter 7 or 13 Bankruptcy documents for the last seven (7) years.

WARNING

Applies to

Filing

After filing, the Clerk presents each filing for review to check that required documents are present and completed.

Upon filing, the Clerk shall present all filings to the Office of the Administrative Assistant for the Domestic Relations Magistrate (hereinafter DR Assistant's Office or Compliance Officer) for review to insure that all required documents are present and completed.

WARNING

If either party transferred funds or property worth at least $500 to someone other than a spouse or creditor, the disclosure list requires all documents evidencing the transfer.

16. If either party has transferred funds or property with value of $500.00 or more to someone other than spouse or creditor, all documents evidencing the same.

WARNING

The financial disclosure list requires a current Social Security Statement, including earnings records and estimated-benefit summaries.

18. Current Social Security Statement (including record of earnings and summary of estimated benefits).

WARNING

Applies to

Certificate

The certificate asks counsel to report whether counsel has knowledge of a currently pending bankruptcy proceeding against any named defendant.

13.0) I have no knowledge of any bankruptcy proceeding currently pending against any defendants named herein.

WARNING

Applies to

Certificate

The certificate asks counsel to certify that the title to any manufactured home on the real estate has been surrendered to the County Auditor and the home is taxed as part of the real estate.

15) The title to any manufactured home located on the real estate has been surrendered to the County Auditor and is being taxed as part of the real estate.

WARNING

Applies to

Parenting proceeding affidavit

If more space is needed for additional custody cases, attach a separate page and check the box.

IF MORE SPACE IS NEEDED FOR ADDITIONAL CUSTODY CASES, ATTACH A SEPARATE PAGE AND CHECK THIS BOX .

WARNING

If separate property is claimed, the disclosure list requires supporting documents and tracing documents.

17. If there is a claim of separate property interests (premarital, inherited or gifted), all documents substantiating such claims, as well as tracing documents for the same.

WARNING

Applies to

Draft entry

Unless the matter is resolved beforehand, each attorney must present a draft entry at the hearing.

Unless the matter is resolved prior to hearing, each attorney must present a draft entry to the Judge/Magistrate at such hearing.

WARNING

The miscellaneous disclosure list requires any divorce decree, qualified domestic relations order, or other court order enforcing a present or future obligation on a party.

3. Any divorce decree, qualified domestic relations order or other court order which enforces a present or future obligation on a party (including maintaining beneficiary designation).

WARNING

Applies to

Signed document

The filer must retain the signed document through case closure and the end of the applicable 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.

WARNING

Applies to

Entry of appearance

An entry of appearance should be filed by counsel, if new to the case, to insure that court mailings are sent to the appropriate counsel and address.

An entry of appearance should be filed by counsel, if new to the case, to insure that court mailings are sent to the appropriate counsel and address.

WARNING

Instructions: Check local court rules to determine when this form must be filed.

Instructions: Check local court rules to determine when this form must be filed.

WARNING

The financial disclosure list requires tax returns with schedules and financial statements concerning either party’s business interests.

12. As to business interests of either party: All tax returns with all schedules and financial statements, as well as any other documents requested by the other party by motion to produce at least 28 days prior to discovery cutoff date.

WARNING

The liability disclosure list requires balances with all creditors as of the date the action was filed.

1. Balance with all creditors at time of filing of action.

WARNING

The liability disclosure list requires proof of the parties’ liabilities at the time of marriage.

3. Proof of parties' liabilities at time of marriage.

WARNING

Applies to

Filing

Incomplete or inaccurate party information may result in a deficiency notice.

By way of examples, notification of deficiencies may be given for reasons including, but not limited to, the use of incorrect electronic file format; failure to pay correct filing fees, including those for a requested jury demand; submitting multiple documents in one uploaded file; incomplete or inaccurate party information; submission of orders or entries and incorrect case number.

WARNING

The document must bear the words “subject to objection” under counsel’s signature and be returned to the preparer.

affixing the words “subject to objection” under counsel’s signature and return it to the preparer.