Fairfield County Court of Common Pleas, General Division Document Filing Requirements

Applies to

Court filing

Must include

judge name, case number, certificate of service

Every filing must include the parties’ names, case number, assigned judge, filer contact information, and a completed certificate of service.

All documents filed with the Clerk of Courts must: • Include the names of the parties, the case number, and the Judge assigned to the case • Contain the filer’s signature, address, telephone number, and e-mail address • Include a completed certificate of service

Applies to

Civil filing

Every civil filing must include a completed Civil Information Sheet.

All civil filings must be accompanied by a completed Civil Information Sheet.

Applies to

Pretrial statement

Each party must file a binding pretrial statement by the pretrial date, serve opposing counsel with a copy, include the nine listed categories of information, and obtain leave and show good cause to amend it.

1. PRETRIAL STATEMENT. On or before the date of the pretrial, each party shall file a pretrial statement, serving opposing counsel with a copy. This statement shall include: (1) a brief statement of the facts of the case, indicating which are disputed and which are undisputed; (2) a statement of the disputed issues of law; (3) a list of all exhibits expected to be offered into evidence; (4) an itemization of all dam- ages sought; (5) the names and addresses of expert witnesses expected to be called by the parties; (6) the names and addresses of all lay witnesses expected to be called by the parties; (7) an estimate of the total time required for trial; (8) if a request for a jury view is to be made, a statement as to what items or objects are to be pointed out by the Bailiff; and (9) a summary of the efforts made to settle the case up to the date of the Pretrial Conference. The pretrial statement shall be binding on the party submitting it. Amendments to the statement are permitted only with leave of the Court and for good cause shown.

Applies to

Motion

Every motion must include a supporting memorandum that cites the authorities relied upon and the underlying operative facts.

All motions shall be accompanied by a supporting memorandum citing authorities relied upon and any underlying operative facts.

Applies to

Judicial release motion

Must include

proposed order

A defense counsel motion for judicial release must be accompanied at filing by a proposed order setting a judicial release hearing.

When seeking judicial release on behalf of a client, defense counsel must submit all of the following at the time the motion for judicial release is filed: (1) the motion for judicial release and (2) a proposed order setting the matter for a judicial release hearing.

Applies to

Motion

Must include

proposed order

Joint and unopposed motions must be clearly labeled in the caption and submitted with a proposed order.

All joint and un- opposed motions shall be clearly labeled as “joint” or “unopposed” in the caption and submitted with a proposed order for the Court’s consideration.

Applies to

Leave to amend motion

A motion for leave to amend a pleading must include a copy of the proposed amended pleading.

A motion seeking leave to amend a pleading shall include a copy of the proposed amended pleading.

Applies to

Continuance motion

Must include

proposed order

Every continuance motion must include a proposed entry without blank spaces for a new hearing date and time because the court will issue a separate scheduling notice.

All motions for continuance shall be accompanied by a proposed entry. The proposed entry should not include blank spaces for a new hearing date and time, as the Court will prepare a separate scheduling notice with the new hearing date.

Applies to

Motion

Must include

certificate of service

A motion for confirmation of sale or proposed confirmation entry must certify timely service on the Prosecutor’s Office.

Any motion requesting a confirmation of sale or proposed entry for confirmation shall include a statement certifying that a copy of said motion or proposed entry has been served upon the Prosecutor’s Office within the prescribed five-day time frame.

Applies to

Motion

A motion for confirmation of sale or proposed confirmation entry must include estimated current-year taxes prorated to the property’s sale date.

Motions requesting a confirmation of sale or proposed entries for confirmation of sale shall also include estimated current year taxes prorated to the sale date of the property.

Applies to

Summary judgment motion

Summary judgment motions in foreclosure cases must be supported by evidentiary-quality materials establishing the movant’s enforcement authority, assignments, conditions precedent, default, and amounts due.

All summary judgment motions in foreclo- sure cases shall be supported by evidentiary quality materials showing: (1) the movant is the holder of the note and mortgage, or is a party entitled to enforce the instrument; (2) if the movant is not the original mortgagee, the chain of assign- ments and transfers; (3) all conditions precedent have been met; (4) the mortgagor is in default; and (5) the amount of principal and interest due.

Applies to

Criminal entry

Every entry prepared by the prosecutor’s office must contain a signed “Submitted by” signature line, signed electronically or by hand.

All entries prepared by the Prosecutor’s Office must include a “Submitted by” signature line, which must be signed either electronically or by hand.

Applies to

Application for community control

Counsel must obtain and submit an Application for Community Control at least seven days before the scheduled plea, and a late application will be accepted only for good cause.

In all cases in which a defendant intends to apply for community control, counsel for the defendant shall obtain an Applica- tion for Community Control. Counsel may obtain an Application here or from the Judge’s Bailiff. The application is to be completed and submitted to the Court no later than 7 days prior to the defendant’s scheduled plea. The Court will only accept late applications upon good cause shown.

Applies to

Standing special process server appointment

An applicant for a standing special process server must submit an affidavit and order for the Administrative Judge to sign.

The applicant must submit an affidavit and an order for signature by the Administrative Judge.

Applies to

Standing special process server affidavit and order

After the Administrative Judge signs, the standing special process server affidavit and order must be filed with the Clerk of Courts.

After the Administrative Judge has signed the order, the individual or agent of the legal organization must file the affidavit and order with the Clerk of Courts.

Applies to

Transcript

The transcript filed to support objections must conform to App.R. 9(B)(6)(a)-(e) and (h)-(i).

The transcript filed to support the objections shall conform to App.R. 9(B)(6)(a)-(e) and (h)-(i).

Applies to

One time special process server appointment

A one-time special process server applicant must file a motion, affidavit, and proposed order for the assigned judge to sign.

The applicant must file a motion, affidavit, and order for signature by the judge assigned to the case.

Applies to

Exhibit index

Counsel must submit a complete index of exhibits when the exhibits are moved and admitted into evidence.

10.M. EXHIBITS. Counsel shall submit a complete index of all exhibits to the Court when said exhibits are moved and admitted into evidence.

Applies to

Motion

Parties are encouraged, but not required, to submit a proposed order for the court's consideration.

Parties are also encouraged to submit a proposed order for consideration by the Court.