Crawford County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Temporary order proposal

A party seeking temporary-order relief on collateral matters must specifically request it in the proposal and provide sufficient reasons.

Collateral matters which the parties wish for the court to consider in the temporary orders (i.e. exclusive use of the marital home, other property, autos, bank accounts, etc.) must be specifically requested in that party’s proposal with sufficient reasons to enable the court to properly draft equitable temporary orders.

CRITICAL

Applies to

Temporary order proposal

Each party wishing to state a position on requested temporary orders must file the court’s Proposal for Temporary Orders form.

In all cases in which temporary orders are being requested, the court form “Proposal for Temporary Orders” shall also be filed by each party wishing to state a position concerning temporary orders, which will then be considered in drafting the temporary orders, covering temporary custody, child support and/or spousal support.

CRITICAL

Applies to

Pleading

Must include

caption

Complaints must state known party addresses or say when an address is unknown; the first pleading or motion must give the party’s correct address, and all pleadings must identify filing counsel and number each page at the bottom.

The caption of the complaint shall state the post office address of all parties, if known; if the address is unknown, that fact shall be stated. The first pleading or motion filed by a party shall state the correct address of such party. A motion of pleading making new parties shall conform to the provisions of this rule. All pleadings shall bear the name, address, zip code, and phone number of counsel filing them, and each page shall be numbered at the bottom of the page.

CRITICAL

Applies to

Counsel appointment journal entry

Counsel eligible for payment must be appointed by a Municipal or Common Pleas Court judge, and the appointment must be entered on the docket by signed journal entry.

1. All counsel eligible for payment under this schedule shall be appointed by Judge of the Municipal or of Common Pleas Court and said appointment shall be entered by a signed journal entry recorded on the Court Docket.

CRITICAL

Applies to

Cqe petition

A petition submitted through the DRC must include the DRC CQE Summary.

All Petitions submitted through the DRC shall be accompanied by the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).

CRITICAL

Applies to

Ex parte application

Domestic-relations ex parte orders require true affidavits based on personal knowledge or sworn testimony.

In ex‑parte orders in domestic relations matters, true affidavits based on personal knowledge or sworn testimony, which can always be arranged on short notice, shall be required.

CRITICAL

Applies to

Support order

Child-support entries must state the monthly amount and payment frequency, address health insurance and extraordinary medical expenses, and provide for payment through Ohio Child Support Payment Central with processing fees included by wage withholding.

Orders for child support shall be stated in terms of a monthly amount payable weekly, bi‑weekly, semi‑monthly, or whenever the payer is paid. The entry shall also require one or both of the parties to maintain health insurance for the children and the amount for extraordinary medical, dental, optical, etc., shall be included. The entry shall also provide for the child support, and/or spousal support to be paid through the Ohio Child Support Payment Central with the appropriate processing fees included by wage withholding.

CRITICAL

Applies to

Petition for certificate of qualification for employment

The petition refers to an attached Exhibit A.

The undersigned hereby petitions for a Certificate of Qualification for Employment (see attached Exhibit A) with the Court of Common Pleas where the Petitioner resides.

CRITICAL

Applies to

Request for oral hearing

A request for an oral hearing to modify temporary orders filed more than 14 days after the orders must show a qualifying change of circumstances based on facts not reasonably known or anticipated when the initial affidavits were filed.

Such written requests for oral hearings seeking modification of temporary orders which are made more than fourteen (14) days after the filing of the temporary orders must be based upon a change of circumstances relating to facts contained within the initial affidavits, which facts were not reasonably known to or anticipated by the parties at the time the affidavits were filed.

CRITICAL

Applies to

Final pretrial submission

At the final pretrial conference, the parties must submit a trial brief and jointly prepared pretrial statement, as well as any requested jury instructions.

A trial brief shall be submitted at the final pretrial conference along with a jointly prepared pretrial statement. Any jury instructions requested by the parties shall also be submitted at this time.

CRITICAL

Applies to

Ex parte order

Every domestic ex parte order must advise the opposing party of the right to request a hearing and include the specified language in bold.

All ex parte orders shall advise the opposing party of the right to request a hearing and shall contain the following language in bold print: “The Court has made this order solely upon the evidence provided by ______________________________. You may request a hearing on this matter. You have the right to counsel and should have counsel present with you at any hearing. This is a temporary order and the Court will review all the evidence of the parties at any requested hearing.”

CRITICAL

Applies to

Petition for certificate of qualification for employment

The petition states that the petitioner claims a qualifying collateral sanction related to employment or occupational licensing.

Petitioner claims to have suffered a collateral sanction that is related to employment or occupational licensing as a result of one or more convictions or pleas of guilty to an offense.

CRITICAL

Applies to

Request for oral hearing

A request for an oral hearing to modify temporary orders must identify each challenged portion, the reason for each objection, and the specific proposed modifications.

Written requests for oral hearings seeking modification of temporary orders shall specify with particularity each of the following items: The specific portions of the temporary order to which the party objects; and The specific reasons for the objection to each such portion of the temporary order; and The specific modifications to the temporary order which the objecting party suggests that the court adopt.

CRITICAL

Applies to

Pretrial

At pretrial, all parties must have filed a pretrial statement, counsel must be prepared and authorized to negotiate, and an insurer representative and the plaintiff must attend when applicable.

All parties shall have filed “Pretrial Statement” in accordance with these rules. Each counsel shall come prepared and authorized to negotiate toward settlement of the case. Where an insurance company is involved, a representative of the companyshall be present at the pretrial. The plaintiff shall also be present.

CRITICAL

Applies to

Pretrial

Contested cases must be pre-tried unless all parties waive the pretrial; all parties and counsel must attend unless excused for cause.

All contested cases will be pre-tried unless a pre-trial is waived by all parties. Pre-trials will be before the magistrate and all parties and counsel are to be present unless excused for cause.

CRITICAL

Applies to

Exhibit cover sheet

Must include

caption, case number

A separately filed omitted exhibit must have a signed and served cover sheet stating the case caption, case number, and exhibit title.

A cover sheet shall accompany any exhibit filed in this manner. The cover sheet shall contain the case caption, case number and title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings.

CRITICAL

Applies to

Attorney fee certificate

An attorney's certificate submitted for extraordinary fees must include a separate written statement identifying the Court's allowance, the fee amount, and the time involved.

The attorney's certificate when submitted shall include a separate written statement noting that the Court had allowed extraordinary fees with the specific amount of the fee and the time involved indicated; and

CRITICAL

Applies to

Mediation case summary

Except in the listed domestic-relations matters, parties must return a mediation case summary form to the mediator at least five days before civil mediation, with claim elements, facts and remaining issues, a settlement proposal, and other pertinent issues.

50.05 Mediation Position Statement. In all cases except for those regarding divorce, allocation of parental rights and responsibilities, visitation, or companionship, at least five (5) days prior to civil mediations, the parties shall return to the mediator a mediation case summary form which shall include the following: The elements of each claim asserted by the party filing the form; A brief statement of facts supporting the claim(s), admitted or undisputed facts, and of remaining issues of fact to be tried; A brief settlement proposal; and Any other issues the parties deem pertinent to reaching an equitable and satisfactory resolution.

CRITICAL

Applies to

Jury issue checklist

In jury cases, counsel for each party must submit an issue checklist to the Court 10 days before trial, including issues expected at trial and those counsel believes belong in the jury charge.

Counsel for each party in which a jury trial has been requested shall submit to the Court ten (10) days prior to the date of trial a check list of those issues which he believes, either as plaintiff or defendant, will be involved in the trial of the case, and further which he believes the Court should include in its charge to the jury.

CRITICAL

Applies to

Judgment entry

An agreed resolution before a magistrate hearing must be written and submitted as a memo entry; the parties must submit and sign a formal entry within 15 days, or the motion may be dismissed after the stated notice periods.

In actions where the parties have resolved the matter by agreement prior to magistrate hearing, the parties shall reduce their agreement to writing and shall submit their written MEMO entry to the court. A formal entry shall be submitted and signed by the parties within fifteen (15) days after the memo entry for the judge and magistrate to sign. Failure to comply with this rule will result in a fourteen (14) day notice to dismiss. Upon no response within the additional fourteen (14) days, the court will dismiss the motion.

CRITICAL

Applies to

Motion

For domestic-relations hearings about treatment necessity or reasonableness, file a duly signed medical/treatment report with the motion if available, otherwise as soon as practicable or as ordered, and properly and timely serve it on opposing counsel for admission without objection.

In any type of domestic relations hearing concerning the reasonableness or the necessity of the treatment to be done, a medical/treatment necessity report (duly signed by the physician or other supplier of treatment-related services, i.e. dental, optometric, other medical specialty, etc.) shall be filed with the motion, if available at that time, or as soon thereafter as reasonably practicable, or as otherwise ordered by the Court. Once filed, such report shall be sufficient and be admitted into evidence at said hearing if properly and timely served on the opposing counsel without objection.

CRITICAL

Applies to

Oral hearing

All parties must attend the oral hearing unless the Court excuses them for good cause.

All parties must attend the oral hearing unless excused by the court for good cause.

CRITICAL

Applies to

Fax filing

The attorney or pro se litigant must provide with the filing of the document by fax a cover sheet containing the following information: (See appendix of this Local Court Rule for the preferred Facsimile Filing Cover Page.) The office to which the document is being sent (Crawford County Clerk of Courts Office). The fax number in which the transmission is being sent (419-562-8011). The name and Supreme Court Registration Number, if applicable, of the sender. The address, telephone number, fax number and email address, if any, of the sender. The case caption and case number as assigned by the Court. The title of the document(s). The date of the transmission. The number of pages, including the cover sheet, of the transmission. If applicable, a statement explaining how costs associated with the filing will be submitted.

The attorney or pro se litigant must provide with the filing of the document by fax a cover sheet containing the following information: (See appendix of this Local Court Rule for the preferred Facsimile Filing Cover Page.) The office to which the document is being sent (Crawford County Clerk of Courts Office). The fax number in which the transmission is being sent (419-562-8011). The name and Supreme Court Registration Number, if applicable, of the sender. The address, telephone number, fax number and email address, if any, of the sender. The case caption and case number as assigned by the Court. The title of the document(s). The date of the transmission. The number of pages, including the cover sheet, of the transmission. If applicable, a statement explaining how costs associated with the filing will be submitted.

CRITICAL

Applies to

Support information sheet

When the law requires support information sheets, the parties must sign them and provide them to the Child Support Enforcement Agency when the child-support journal entries are presented for signature.

In matters pertaining to child support or spousal support where the law requires information sheets, the parties shall sign any such information sheets or forms and provide them to the Child Support Enforcement Agency at the time the Journal Entries concerning child support are presented to the Court for signature.

CRITICAL

Applies to

Receipt

Audio testimony tapes may be removed only with written permission; a person granted leave must sign a receipt, and removal beyond seven days requires express leave.

No audio tapes of testimony may be removed from the Court without written permission by the Court. The recognized court stenographer/transcriber or any other person who petitions the Court to remove audio tapes of testimony from the court premises and who is granted leave to do so shall sign a receipt for those tapes removed. In no case shall audio tapes of testimony be removed from the Court for more than 7 days without express leave of the Court.

CRITICAL

Applies to

Final pretrial

Must include

certificate of conference

A final pretrial conference is scheduled approximately 30 days before trial; counsel must certify they conferred beforehand and be prepared to discuss the case and negotiate in good faith.

A final pretrial conference shall be scheduled approximately thirty (30) days before trial. Counsel shall certify to this Court that they conferred with each other prior thereto, and they shall be prepared to discuss all aspects of the case and to conduct good‑faith negotiations toward settlement.

CRITICAL

Applies to

Pretrial statement

Counsel must file a pretrial statement at least seven days before pretrial that identifies the issues and anticipated legal questions, itemizes special damages, and reports settlement negotiations.

No later than seven (7) days before pretrial all counsel shall file a “Pretrial Statement” containing the following required data: A statement of the issues involved and a statement of all questions of law which it is expected will be involved in the case. An itemization of all special damages claimed. Status of settlement negotiations.

CRITICAL

Applies to

Motion

For domestic-relations hearings about dependency tax exemptions and their calculated benefits, file a tax-preparer-signed calculations report with the motion if available, otherwise as soon as practicable or as ordered, and properly and timely serve it on opposing counsel.

In any type of domestic relations hearing concerning the issue of claiming of dependency tax exemptions by one of more of the parties, and the calculated benefits of awarding such exemptions to one or the other parent, a calculations report, so designated and duly signed by a tax preparer, shall be filed with the motion, if available at that time, or as soon thereafter as reasonably practicable, or as otherwise ordered by the Court. Once filed, such calculations report shall be sufficient and be admitted into evidence at said hearing if properly and timely served on the opposing counsel without objection.

CRITICAL

Applies to

Motion

For domestic-relations hearings about current values of the listed assets, file a designated valuation or appraisal report signed by the valuator with the motion if available, otherwise as soon as practicable or as ordered, and properly and timely serve it on opposing counsel.

In any type of domestic relations hearing concerning the issue of present day values of: retirement benefits/pension plans; personal property; real property; or business and/or financial assets or interests, a calculations/valuation/appraisal report, so designated and duly signed by the valuator/appraiser of the property in issue, shall be filed with the motion, if available at that time, or as soon thereafter as reasonably practicable, or as otherwise ordered by the Court. Once filed, such valuations report shall be sufficient and be admitted into evidence at said hearing if properly and timely served on the opposing counsel without objection.

CRITICAL

Applies to

Video deposition transcript

If a videotaped deposition will be used at trial, its transcript must be filed two weeks before trial, and objections must be filed in writing one week before trial.

In all cases where video tape depositions are going to be used at trial, a written transcript of said deposition shall be filed with the Court two (2) weeks prior to trial. Any party with objections to any part of the deposition shall file the same in writing one (1) week before trial.

CRITICAL

Applies to

Medical malpractice report

For medical-malpractice cases filed on or after April 10, 2003, plaintiff’s counsel must file the completed original Medical Malpractice Report with the Clerk at final disposition.

Pursuant to SB 281, which became a law on April 10, 2003, it is required at the final disposition of any Medical Malpractice case that the attorney for the plaintiff shall file with the Clerk of the Common Pleas Court a completed original of the Ohio Department of Insurance, Medical Malpractice Report. This rule shall apply to any Medical Malpractice case filed with this Court on or after April 10, 2003.

CRITICAL

Applies to

Motion

Each motion must include a memorandum stating its grounds and citing the authorities and reasons relied upon.

Motions shall be accompanied by a memorandum stating the grounds therefore and citing the authorities and reasons relied upon.

CRITICAL

Applies to

Ex parte application

Specified domestic ex parte applications must state the exigent circumstances supported by the moving party’s sworn affidavit, describe notice efforts or why notice should be omitted, and include an executed Certification of Counsel.

All applications for an ex parte order relating to the wrongful disposition/encumbrance of property, the allocation of parental rights and/or for sole and exclusive use of the marital residence shall contain the following: The basis for the claimed exigent circumstances which requires the issuance of an ex parte order. The factual basis of said exigent circumstances shall be supported by an affidavit sworn to by the moving party; A statement by counsel as to the efforts made to contact either opposing counsel or, if unrepresented, the opposing party or, in the alternative, the reason why opposing counsel or the unrepresented party should not be given notice; An executed “Certification of Counsel (Pursuant to Prof. Cond. Rule 3.3),” in substantially the form identified as Appendix to this Local Court Rule.

CRITICAL

Applies to

Initial pleading

When temporary orders are sought, the parties must submit general information, financial affidavits, and child-support guideline worksheets with their initial pleadings.

If temporary orders are sought, the parties shall submit the general information, financial affidavits and child support guidelines worksheets with their initial pleadings.

CRITICAL

Applies to

Cqe petition

A CQE petitioner must file Form A with the Clerk and provide the DRC electronic petition number and printed receipt if submitted through the DRC, or attach a completed DRC-prescribed written petition if not submitted electronically.

In order to request a CQE, the Petition for Certificate of Qualification for Employment (RC 2953.25) [Form A] shall be filed with the Clerk of Courts by the Petitioner. The Petitioner shall provide the DRC Electronic Petition Number and attach a printed receipt of electronic Petition if submitted through the DRC. If not submitted electronically through the DRC, a written Petition must be completed on the form prescribed by the DRC and attached to the pleading.

CRITICAL

Applies to

Petition for certificate of qualification for employment

For a petition filed directly with the court, the petitioner also asserts that they have not served a term in a state correctional institution or department-funded program.

If filing is made directly with the Court, Petitioner also asserts no time has been served on a term in a state correctional institution or in a department-funded program.

WARNINGCriminal cases

Applies to

Attached form

If you are interested in providing any information regarding this petition, please complete the attached form and file with the undersigned clerk of courts within fourteen days.

If you are interested in providing any information regarding this petition, please complete the attached form and file with the undersigned clerk of courts within fourteen days.

WARNING

Applies to

Judgment entry

Counsel must prepare one copy of each filed judgment entry for the child-support enforcement agency.

Counsel shall prepare for use by the child support enforcement agency one copy of each judgment entry filed with the clerk.

WARNING

Applies to

Stipulation

Stipulations and private agreements about case progress or management made outside open court are recognized only if written and signed by the parties.

Stipulations and private agreement of counsel or parties concerning the progress or management of any matter touching the case, not made in open Court, will not be recognized unless the same is reduced to writing and signed by the parties thereto.

WARNING

Applies to

Mediation report

At the conclusion of mediation, a report stating whether agreement was reached on any mediated issue must be filed with the Court.

50.04 Mediation Report. Upon conclusion of mediation and pursuant to Ohio Revised Code section 3109.052(B), a mediation report indicating whether or not an agreement has been reached on any of the issues that were the subject of mediation shall be filed with the Court.

WARNING

Applies to

Post decree motion

Ordinarily, post-decree motions will be pre-tried unless they are not contested, in which case the initial hearing date may be considered a final hearing on such motions if the court deems it appropriate. A notice of the following effect should be included with such post-decree motions: The hearing scheduled on the above motion will be considered a pre-trial conference before the court, rather than a hearing on the merits, unless the party against whom the motion is brought does not appear at the hearing and does not file an objection to the requested relief, and if no such appearance or objection is made, the court may proceed to the merits of the motion at the scheduled hearing.

Ordinarily, post-decree motions will be pre-tried unless they are not contested, in which case the initial hearing date may be considered a final hearing on such motions if the court deems it appropriate. A notice of the following effect should be included with such post-decree motions: The hearing scheduled on the above motion will be considered a pre-trial conference before the court, rather than a hearing on the merits, unless the party against whom the motion is brought does not appear at the hearing and does not file an objection to the requested relief, and if no such appearance or objection is made, the court may proceed to the merits of the motion at the scheduled hearing.

WARNING

Applies to

Pretrial statement

The parties are requested to file and exchange pretrial statements by the day of the pretrial.

The parties are requested to file and exchange pre-trial statements no later than the day of the pre-trial.

WARNING

A deviation from the videotaped-deposition transcript or objection deadlines requires a special application to the Court.

Any deviation therefrom shall be made by special application to the Court.

WARNING

Applies to

Court entry

The Court sets a pretrial date at arraignment and, after the pretrial conference, journals the plea-negotiation cutoff; absent a scheduled change-of-plea hearing, the case is set for jury trial.

During the arraignment, a pretrial date shall be established by the Court. After the pretrial conference, an entry shall be journalized establishing the last date that a plea negotiation shall be considered by the Court. If a change of plea hearing is not scheduled, then this matter shall be set for jury trial.

INFO

Applies to

Initial pleading

The specified general information, affidavits, and worksheets need not accompany the pleading when temporary orders are not sought.

At the time of filing a party’s respective pleading, it is not necessary for the parties to file general information, financial affidavits, and child support guidelines worksheets in cases in which temporary orders are not sought.

INFO

Applies to

Judgment entry

The Court may direct either counsel to prepare an entry reflecting the parties’ agreement or a court order.

The court may order either counsel to prepare an entry setting fourth the agreement of the parties or an order of the court.