Darke County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Affidavit of inability to prepay or give security for costs

An affidavit seeking inability-to-pay treatment must detail the affiant’s financial resources and income; the affiant should be able to satisfy the Court that the exception is justified.

An affidavit of inability to prepay or give security for costs shall include a detailed explanation of the financial resources and income of the affiant. An affiant should be able to satisfy the Court that the exception to the rule of prepayment is justifiable.

CRITICAL

Applies to

Pleading or other paper

Each pleading or other paper must have a title stating the filer’s name and party designation and the nature of the document.

All pleadings and other papers shall be identified by a title which shall contain the name and party designation of the persons filing it, and the nature of the pleading or paper.

CRITICAL

Applies to

Dissolution with children

In dissolution actions with children, the filing party must submit a petition, Uniform Child Custody Jurisdiction Affidavit, Separation Agreement (and Shared Parenting Plan, if applicable), Affidavit of Property, Affidavit of Income and Expenses, Affidavit of Health Insurance, and Notice to Attend Parenting Classes.

The following pleadings are required in the respective actions: Dissolution (with children) : Petition Uniform Child Custody Jurisdiction Affidavit Separation Agreement (and Shared Parenting Plan, if applicable) Affidavit of Property Affidavit of Income and Expenses Affidavit of Health Insurance Notice to Attend Parenting Classes

CRITICAL

Applies to

Notice of appearance

An attorney must notify the Court as soon as possible after accepting representation by filing a pleading, motion, Entry of Appearance, or other document.

A. Notice of Appearance. It shall be the duty of any attorney upon accepting representation of a party in any matter to notify the Court of such representation as soon as possible by the filing of a pleading, motion, Entry of Appearance, or other document.

CRITICAL

Applies to

Pleading

Counsel-filed pleadings must bear one attorney’s individual signature, Trial Attorney designation, typed name, office address, telephone number, attorney registration number, and email address; firm and other counsel names may appear for information purposes.

C. Signing of pleadings. All pleadings filed on behalf of any party represented by counsel shall be signed by one (1) attorney in his/her individual name with the designation “Trial Attorney referred to in paragraph (B) of this rule, together with his/her typed name, his/her office address, zip code, telephone number, area code, attorney registration number and email address. Firm names and names of co-counsel or associate counsel may appear on the pleadings for information purposes.

CRITICAL

Applies to

Motion

A motion must be accompanied by a memorandum stating the relied-upon points and supporting authorities, with copies to opposing counsel, or the Clerk will not accept it for filing.

Except as otherwise provided by these rules, counsel filing any motion shall also file a written memorandum containing a short, concise statement of the points relied upon and the authorities supporting each contention, with copies to opposing counsel. The Clerk shall not accept for filing any motion which is not accompanied by a memorandum in accordance with this rule.

CRITICAL

Applies to

Court filing

Counsel must include their Supreme Court of Ohio attorney registration number on every document filed with the Court.

Counsel shall include their attorney registration number issued by the Supreme Court of Ohio on all documents filed with the Court, and the Court shall use said number as the exclusive number or code to identify counsel who file documents.

CRITICAL

Applies to

Pleading

A complete copy of any unreported case cited to the Court in a pleading must be attached to that pleading.

When citing an unreported case to the Court in any pleading, counsel or a party shall attach a complete copy of that case to the pleading.

CRITICAL

Applies to

Bankruptcy notice

A bankruptcy notice must include a bankruptcy-court pleading showing the filing; an expected stay requires a separate stay order, and notice alone does not stop proceedings.

When a bankruptcy proceeding is filed, the debtor’s attorney or the debtor shall file a notice with the Court which shall include a copy of an appropriate pleading from the bankruptcy court providing prima facia proof of the filing. If the bankruptcy is expected to stay further sale proceedings, an Order to stay proceedings shall be submitted to the Court; merely filing a notice of bankruptcy does not automatically stop proceedings, including advertised Sheriff’s sales. When the bankruptcy proceeding is complete and/or the stay is no longer warranted, the debtor’s attorney shall file a notice with the Court.

CRITICAL

Applies to

Cognovit judgment application

Before obtaining a cognovit judgment, the moving party must provide the original note to the Court in addition to satisfying statutory requirements.

In addition to other statutory requirements, prior to obtaining a cognovit judgment, the moving party must provide the original note to the Court.

CRITICAL

Applies to

Application for allowance

A written application for an allowance must state the hearing time and date, with the hearing scheduled at least seven days after filing.

1. File in this Court a written application for such allowance, which application shall contain notice of the time and date for the hearing, which shall not be less than seven (7) days from the filing of the application.

CRITICAL

Applies to

Complaint

The Plaintiff must present the specified Questionnaire with a Complaint seeking divorce, dissolution, legal separation, or spousal support; the Clerk will not accept a divorce, dissolution, or legal-separation Complaint without it.

In each and every case in which the relief demanded includes a divorce, dissolution, legal separation, or spousal support, there shall be presented by the Plaintiff with the Complaint a Questionnaire on a yellow colored form which may be obtained from the Clerk, containing a personal history of the parties of the action. The Clerk shall not accept for filing any Complaint in a divorce, dissolution, or legal separation action unless the Questionnaire is presented.

CRITICAL

Applies to

Support request

Each party requesting child support or spousal support must file a completed Affidavit of Income and Expenses.

Each party requesting child support or spousal support shall file a completed Affidavit of Income and Expenses.

CRITICAL

Applies to

Pleading

A pleading filed with the Clerk of Courts must not include any party’s complete social security number or date of birth.

Consistent with Superintendence Rule 45, no complete social security number or date of birth for any party shall be included on pleadings filed with the Clerk of Courts.

CRITICAL

Applies to

Separate identifying information pleading

When a domestic-relations case or motion to invoke continuing jurisdiction is filed, the party or counsel must provide specified identifying information to the Court on a separate pleading, not publicly file it, and the Court must maintain it in a confidential file with restricted access.

To assist with accurate identification of a party or person, when any domestic relations case is filed or any motion to invoke the Court's continuing jurisdiction is filed, the party or their counsel shall provide the Court (but not publicly file) on a separate pleading the full name, complete social security number, complete date of birth, and maiden name (if applicable). This information shall be maintained by the Court in a confidential file which shall be available only to Court personnel, personnel from the Department of Jobs and Family Services (for support collection purposes) and others upon Court approval for good cause shown.

CRITICAL

Applies to

Ex parte motion concerning children

A party seeking an ex parte order concerning children’s residential placement, support, medical expenses, visitation, or similar issues must file detailed supporting affidavits, including statements about the children’s past and current caretakers; vague affidavits are discouraged.

Parties seeking this relief shall file supporting affidavits providing detailed information which would support the motion, including statements regarding the past and current caretakers of the child(ren). Vague and broadly written affidavits are discouraged as not likely to assist the Court in making a decision.

CRITICAL

Applies to

Parenting time order

If the parties have no specific case-by-case parenting-time agreement, parenting-time orders must refer to the Standard Schedule.

In the absence of specific agreements between parties regarding parenting time on a case by case basis, then parenting time orders shall make reference to the Standard Schedule.

CRITICAL

Applies to

Initial post decree pleading

An initial pleading invoking the Court’s jurisdiction over post-decree issues must include all parties’ current addresses and an updated IV-D application.

When pleadings are filed to invoke the Court's jurisdiction on post-decree issues, the initial pleading filed by any party shall contain therein the current address of all parties and an updated Application for Child Support Services (IV- D application).

CRITICAL

Applies to

Custody parenting time and support agreement

Before custody, parenting-time, and support agreements may be approved, the parties must agree on support amount, parenting time, specified medical expenses, and children’s medical insurance.

Before agreements regarding custody, parenting time, and support can be approved, the parties must not only agree as to the amount of support but also on parenting time, payments of ordinary and extraordinary medical, dental, optical, and orthodontic expenses, and provisions for medical insurance which benefits such children.

CRITICAL

Applies to

Pleadings

The Plaintiff’s pleadings must indicate proof of receipt of the temporary restraining order or acknowledgment that it exists.

The Plaintiff’s pleadings shall indicate proof of receipt of the temporary restraining order or acknowledgment of its existence.

CRITICAL

Applies to

Initial pleadings

The Plaintiff’s attorney must prepare and file a conforming order with the initial pleadings, and the same duty applies to a self-represented Plaintiff if there is no attorney.

The attorney representing the Plaintiff shall prepare and file an order with the initial pleadings in conformity with this Rule so that the document is served simultaneously with initial pleadings. If there is no attorney for the Plaintiff, a comparable legal duty shall apply to a self-represented Plaintiff.

CRITICAL

Applies to

Objection memorandum

An objection memorandum stating the reasons for the objections must be filed within 14 days after the Magistrate’s Decision is filed.

In cases where one or both parties objects to the Magistrate's Decision, a memorandum consisting of the reasons for the objections must be filed within fourteen (14) days after the filing of such decision.

CRITICAL

Applies to

Witness and exhibit lists

Each party must file its intended witness list and exhibit list within 14 days before trial.

Within fourteen (14) days prior to any trial, both parties shall file a list of witnesses which they intend to call and a list of exhibits which they intend to introduce.

CRITICAL

Applies to

Proposed jury instructions

Both parties must file proposed jury instructions with a citation to the Ohio Jury Instructions or another resource within 10 days before trial.

Within ten (10) days prior to any trial, both parties shall file proposed jury instructions with citation to the Ohio Jury Instructions or other resource.

CRITICAL

Applies to

Proposed jury instructions

In addition to filing them, the parties must provide proposed instructions to the Court on a USB thumb drive or by email.

Besides the filed set, proposed instructions shall be provided to the Court on USB thumb drive or via e-mail to commonpleas2@co.darke.oh.us.

CRITICAL

Applies to

Zoom appearance request

For a defendant who will appear by Zoom from another location, defense counsel must request permission and provide the defendant’s location and contact information.

Defense counsel shall insure the Defendant will personally appear for all proceedings unless excused by the Court or unless the Defendant is in the custody of the Darke County Jail. If the Defendant is incarcerated in another jail/prison, attending inpatient treatment, or otherwise desires to appear via Zoom from another location, defense counsel shall file a request asking permission for the Defendant to appear via Zoom and further request the Court to make arrangements or accommodations if necessary. Such request must contain information regarding the Defendant’s location and contact information (email or telephone of the jail, prison, caseworker, etc.) so the Court can make the appropriate arrangements.

CRITICAL

Applies to

Order of sale

A request for an Order of Sale involving real estate must include the complete property description and specified identifying information, and the description must be approved by the Darke County Engineer.

When the relief sought includes a request for an Order of Sale involving real estate, the proponent of the Order shall attach a complete real estate description for the real property to be sold, along with the permanent parcel identification number, any known street address and the volume and page reference for the most recently recorded deed. The complete real estate description shall contain the approval of the Darke County Engineer regarding the accuracy of the description for purposes of subsequent conveyance.

CRITICAL

Applies to

Deed

Counsel for the sale proponent must submit the deed and conveyance form with the approved legal description.

Counsel for the proponent of the sale shall submit the deed and conveyance form required by R.C. 2329.36. A copy of the legal description with proof of the Engineer’s approval shall accompany the deed.

CRITICAL

Applies to

Written request

A request to enter a building or improvement on the property must be made in writing to the Court and provide detailed reasons.

In the circumstance where entrance into a building or improvement on the real estate is requested (such as an open house, the need to preserve the premises from damage, re- appraisals, etc.), a written request must be made to the Court providing detailed reasons to justify the request.

CRITICAL

Applies to

Notice of bankruptcy

When a bankruptcy proceeding is filed, the debtor or the debtor’s attorney must file a notice with the Court that includes a bankruptcy-court pleading providing prima facie proof of the filing.

When a bankruptcy proceeding is filed, the debtor’s attorney or the debtor shall file a notice with the Court which shall include a copy of an appropriate pleading from the bankruptcy court providing prima facia proof of the filing.

CRITICAL

Applies to

Order to withdraw sale

If bankruptcy is expected to stay further sale proceedings, an order to withdraw the sale must be submitted; filing a bankruptcy notice alone does not stop the sale.

If the bankruptcy is expected to stay further sale proceedings, an Order to withdraw the sale shall be submitted to the Court; merely filing a notice of bankruptcy does not automatically stop a sale.

CRITICAL

Applies to

Electronically delivered source document

Unless the Court directs otherwise, the sender need not file the source document but must retain it with any required original signatures and the source cover page and produce them to the Court on request.

2. Unless otherwise directed by the Court, the person causing an electronic delivery need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the Court the source document delivered by electronic method, with original signatures as otherwise required under the applicable rules, together with the source copy of the cover page used for delivering the subject document.

CRITICAL

Applies to

Electronically delivered source document

The sender must retain the electronically delivered source document until the case is closed and all opportunities for post-judgment relief are exhausted.

3. The source document delivered by electronic method shall be maintained by the person making the delivery until the case is closed and all opportunities for post judgment relief are exhausted.

CRITICAL

Applies to

Electronic delivery cover page

Each electronically delivered document must be accompanied by a cover page containing the listed sender, case, document, transmission-date, and page-count information.

1. The person delivering a document by electronic methods shall also provide therewith a cover page containing the following information: [See attached sample cover page.] a. sender’s name and firm identification; b. sender’s telephone number; c. the transmitting fax/email number; d. the caption of the case; e. the case number; f. the title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit G, etc.); g. the date of transmission; h. the number of pages included in the transmission, including the cover page;

CRITICAL

Applies to

Electronically delivered signed document

A party electronically delivering a signed source document must transmit either the signed copy or an unsigned copy bearing the specified /s/ notation and signer’s name.

A party delivering a signed source document by electronic method shall either: a. transmit a copy of the signed source document; or b. transmit a copy of the document without the signature but with the notation "/s/" followed by the name of the signing person where the signature appears in the signed source document (eg. /s/ Jane Doe). Submission of this notation carries the imprimatur and obligations of Ohio Rule of Civil Procedure 11.

CRITICAL

Applies to

Electronically delivered signed document

A party electronically delivering a signed document represents that they possess or control the physically signed original and will comply with the rule.

A party who delivers a signed document by electronic method represents that the physically signed source document is in his/her possession or control and that he/she will comply with this Rule.

CRITICAL

Applies to

Electronically delivered document

If an exhibit cannot be accurately transmitted electronically, an insert page describing the exhibit and why it is missing must replace it.

Each exhibit to an electronically produced document that cannot be accurately delivered via electronic transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Separately filed exhibit

A separately filed missing exhibit must be attached to a cover sheet with the information required by Section D.1 and must be signed and served under the rules governing pleadings.

Any exhibit filed in this manner shall be attached to a cover sheet containing the information required by Section D.1. above, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court. [See appendix for sample cover sheet.]

WARNING

Applies to

Request for return of time stamped copies by mail

Anyone requesting return of time-stamped copies by mail must furnish the Clerk with a self-addressed, stamped envelope.

For the return of time-stamped copies by mail, a self-addressed, stamped envelope must be furnished to the Clerk.

WARNING

Applies to

Withdrawal application

Must include

certificate of service

Outside the 21-day pretrial period described in the rule, withdrawal may be permitted through a written application with the party’s written consent and substitute counsel’s appearance, or after a good-cause finding following a hearing on an application certifying service of the application and rule on the represented party.

At other times, the Court may permit counsel to withdraw only upon: written application with the written consent of the party and the entry of appearance of a substitute counsel, or a finding of good cause after hearing on a written application which contains a certificate of service of said application and a copy of this rule upon the represented party by counsel.

WARNING

Applies to

Discovery request

Must include

proposed order

When objections are not reasonably filed, discovery motions, applications, or requests may be granted as a matter of course upon informal presentation of an appropriate proposed and endorsed order by initiating counsel.

Motions, applications and requests, to which objections are not reasonably filed, may be granted as a matter of course (as will orders directing answers to interrogatories) upon the informal presentation of an appropriate proposed and endorsed order by counsel for the party initiating discovery.

WARNING

Applies to

Corrective entry

A corrective entry must clearly identify the correction and state “nunc pro tunc” in its title.

Where is it necessary to correct an entry previously filed, the corrections in the subsequent entry shall readily identify the area of correction (by such manners as underlying, bold text or capital lettering). The entry must indicate in the title that it is an entry "nunc pro tunc."

WARNING

Applies to

Comments and criticism

Written comments and criticism must be signed by the submitting party to be considered.

In order to be considered, comments and criticism shall be signed by the submitting party.

WARNING

Applies to

Comments and criticism

A party may submit written comments or criticism of the Guardian ad Litem to the presiding judge only after the matter involving the Guardian’s work is finally decided and all appeal times have expired.

In order to avoid improprieties and to not interfere with the adjudicatory process, any written comments and criticism of the Guardian ad Litem may be submitted to the presiding judge of the Court at such time as the matter concerning the Guardian’s involvement is finally determined and all appeal times have expired.

WARNING

Applies to

Initial post decree pleading

The Court may waive the current-address disclosure requirement upon specific application and a showing of good cause.

Upon specific application and for good cause shown, the Court reserves the right to waive the requirement to disclose a current address.

WARNING

Applies to

Exhibit list

The State must identify each listed exhibit by number, and the defense must identify each listed exhibit by letter.

The list from the State shall specifically indicate each exhibit by a number; the list from the defense shall specifically indicate each exhibit by a letter.

WARNING

Applies to

Witness and exhibit lists

Disclosing witnesses or exhibits during discovery does not replace filing the required lists, and the Court may exclude items or witnesses not properly disclosed to it.

Disclosure of witnesses or exhibits during discovery does not satisfy this requirement; the Court may exclude exhibits and witnesses not properly disclosed to the Court.

WARNING

Applies to

Proposed jury instructions

If proposed jury instructions are not filed, the Court may deny a subsequent request.

Failure to file proposed jury instructions may result in the Court denying any subsequent request.

WARNING

Applies to

Request for audio recording

Must include

caption, case number

A Request For Audio Recording must identify the case caption and case number; the source also specifies date and time of proceedings and a clean thumb drive.

If Counsel or a party would like to order a copy of the audio recording of any proceeding(s), please file a Request For Audio Recording identifying the case caption, case number, and date and time of proceedings, and provide to the Court a clean thumb drive.

WARNING

Applies to

Request for transcript

Must include

caption, case number

A Request for Transcript must identify the case caption and case number; the source also specifies the date and time of the proceedings.

If Counsel or a party would like to order a transcript of any proceeding(s), please file a Request for Transcript identifying the case caption, case number, and date and time proceeding(s).

WARNING

Applies to

Public records request

Must include

caption, case number

A written public-records request must include the requester’s name, a non-Post Office Box mailing address and telephone number, the case caption and number, the proceeding date and time, and a clean thumb drive with sufficient storage.

A person making a request for public records must furnish to Court in writing the following: 1. Name, mailing address (not Post Office Box), and telephone number of the person making the request. 2. Case caption, case number, and date and time of proceeding(s) being requested. 3. A clean thumb drive with sufficient electronic storage for copying audio file(s).

WARNING

Applies to

Proof of title

The proof of a title examination, judicial report or other evidence of title required by R.C. 2329.191 may also be issued by an attorney licensed to practice law in the State of Ohio (i.e. not exclusively issued by a title insurance company). Such proof shall cover a period of 21 years prior to the date of the report, or the actual length of the current owner’s title, whichever is longer.

The proof of a title examination, judicial report or other evidence of title required by R.C. 2329.191 may also be issued by an attorney licensed to practice law in the State of Ohio (i.e. not exclusively issued by a title insurance company). Such proof shall cover a period of 21 years prior to the date of the report, or the actual length of the current owner’s title, whichever is longer.

WARNING

Applies to

Form

The requirements of R.C. 2329.271 are satisfied by completing and filing the form customarily used by the Darke County Sheriff.

The requirements of R.C. 2329.271 shall be deemed satisfied by completion and filing the form customarily used by the Darke County Sheriff.

INFO

Applies to

Agreed resolution

Counsel for both parties should sign an agreed-resolution document before it is submitted to the Court.

Counsel for both parties should sign the agreement before submission to the Court.

INFO

Applies to

Answer or cross complaint

A Defendant may, but is not required to, present a similar Questionnaire when filing an Answer or Cross-Complaint.

The Defendant may present a similar Questionnaire at the time of filing an Answer or Cross-Complaint.

INFO

Applies to

Pleading

When identifying information is needed to clarify a person or party, the rule suggests including only the first five social-security-number digits and/or the month and year of birth.

Where such information appears necessary to clarify persons or parties, it is suggested the following information may be included: (1) first five digits of the social security number; and/or (2) month and year of birth.