Franklin County Court of Common Pleas Document Filing Requirements

Applies to

Motion

Every civil or criminal motion must be accompanied by a brief stating its grounds and citing the authorities relied upon.

All civil or criminal motions shall be accompanied by a brief stating the grounds and citing the authorities relied upon.

Applies to

Court document

Must include

caption

Every court document must identify filing counsel by name, Ohio Supreme Court attorney registration number, mailing address, email address, and telephone number.

Every pleading, motion, memorandum, indictment or other filing (hereinafter “court document”)shall identify by name, Ohio Supreme Court attorney registration number, mailing address, email address, and telephone number the counsel filing the same.

Applies to

Fee application

A fee application submitted to the Court’s Finance Department must include a copy of the signed and filed Entry of Appointment.

A copy of the “Entry of Appointment” signed by the assigned judge and filed, must be attached to the fee application submitted to the Court’s Finance Department.

Applies to

Status conference order

At any party's request, a written order reciting the status-conference actions must be prepared, filed, and served on all counsel.

The Trial Judge or other official at the request of any party shall, prepare or cause to be prepared, a written order reciting the action taken at the status conference, which shall be filed and served on all counsel.

Applies to

Joint final pretrial statement

All parties must prepare and file a joint final pretrial statement, even if no final pretrial conference occurs.

In all cases, whether or not a final pretrial conference is held, all parties shall prepare and file a joint final pretrial statement.

Applies to

Appointment entry

A copy of the appointment entry must be filed with the Criminal Division and attached to the fee application submitted to the Finance Department.

A copy of the appointment entry shall be filed with the Criminal Division of the Clerk and a copy of this appointment entry must be attached to the fee application submitted to the Court’s Finance Department.

Applies to

Fee application

The assigned counsel’s submission must include all forms and the prescribed Attorney Time Log.

All forms and an “Attorney Time Log” as prescribed in Section I of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition;

Applies to

Fee application

The assigned counsel’s submission must include the original Affidavit of Indigency.

The original “Affidavit of Indigency”; and,

Applies to

Fee application

The assigned counsel’s submission must include all applicable entries signed by the assigned judge as Local Rule 77 requires.

All applicable entries, signed by the assigned judge, as required by Local Rule 77.

Applies to

Fee reimbursement request

The reimbursement submission must include the Motion, Entry, and Certification for Appointed Counsel Fees and all other applicable forms.

Assigned counsel shall file a request for fee and/or expense reimbursement (“Motion, Entry, and Certification for Appointed Counsel Fees” and all other applicable forms) with the Court’s Finance Department within thirty (30) days of the final disposition of the case.

Applies to

Motion to dismiss

To obtain dismissal of a pending tax foreclosure, the redeeming party must file and serve a motion to dismiss that includes notice of full payment of taxes and court costs and evidence of compliance with R.C. 5721.25.

the redeeming party shall file with the court, and serve upon all counsel of record and/or pros se parties, a motion to dismiss which shall include notice of payment in full of taxes and court costs, as well as an affidavit or notarized statement or other documentary evidence of compliance with R.C. 5721.25.

Applies to

Reinstatement request

Reinstatement of all or part of a fee must be requested in writing with justification and approved by the assigned or administrative judge.

A request for reinstatement of a portion, or the entire fee amount, must be submitted in writing, with justification, and be approved by the assigned judge, or if they are not available the administrative judge.

Applies to

Post trial hearing fee application

Work for post-trial hearings must be submitted on a separate fee application form identifying the applicable hearings.

All work on post-trial hearings must be submitted on a separate fee application form that designates the post-trial hearing(s).

Applies to

Financial disclosure

Appointed counsel must obtain the indigent defendant’s signature on State Public Defender Form OPD-206R.

Appointed counsel shall obtain the signature of the indigent defendant on the “Financial Disclosure” form required by the State Public Defender (Form: OPD-206R) as prescribed in Section I(E)(1) of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition.

Applies to

Financial disclosure

If the indigent defendant cannot sign the Financial Disclosure form, assigned counsel must obtain the assigned judge’s signature certifying the defendant’s indigency.

If the indigent defendant is not available to sign the form, assigned counsel shall obtain the signature of the assigned judge, certifying the indigency of the defendant.

Applies to

Financial disclosure

Appointed counsel providing post-disposition services must submit a new and updated Financial Disclosure form.

If appointed counsel is providing representation for services after the original case disposition date, the attorney shall submit a new, updated “Financial Disclosure” form.

Applies to

Assigned counsel fee reimbursement request

Assigned counsel seeking reimbursement must complete all forms required by the Ohio Public Defender’s Office and any supplemental information or forms requested by the Court.

Assigned counsel seeking reimbursement shall complete all forms required by the Ohio Public Defender’s Office and/or supplemental information or forms requested by the Court.

Applies to

Assigned counsel fee reimbursement request

Form OPD 1026R, or Form 1027R when applicable, is required for appointed-counsel fees.

OPD 1026R (& 1027R, if applicable) Motion, Entry, and Certification for Appointed Counsel Fees

Applies to

Rule 77 entry

All Rule 77 entries must be signed by the assigned or administrative judge and filed with the Clerk of Courts–Criminal Division.

* All entries must be signed by the assigned judge, or if they are unavailable, the Administrative Judge, and must be filed with the Clerk of Courts – Criminal Division.

Applies to

Assigned counsel fee reimbursement request

Form OPD 206R, the Financial Disclosure, is required for appointed-counsel reimbursement.

OPD 206R Financial Disclosure

Applies to

Court paid expert expense request

Form OPD 209, the Request for Court Paid Expert Expenses, is required when applicable.

OPD 209 Request for Court Paid Expert Expenses

Applies to

Indigent defendant transcript fee request

Form OPD-E-205 for the clerk’s or auditor’s transcript fee for an indigent defendant is required.

OPD-E-205 Clerk's/Auditor's Transcript Fee for an Indigent Defendant

Applies to

Assigned counsel fee reimbursement request

The reimbursement submission must include additional forms required by the Ohio Public Defender’s Office or the Court, and the list is not exhaustive.

Additional forms required by the Ohio Public Defender’s Office and/or the Court include, but are not limited to, the following:

Applies to

Fee application

An Affidavit of Indigency must accompany every fee application.

Affidavit of Indigency ………………….. Submitted with all fee applications.

Applies to

Fee application

Every fee application for expert or investigator fees requires a Certification for Expert Expenses.

Certification for Expert Expenses ....................All fee applications for expert or investigator fees.

Applies to

Extraordinary fees entry

A signed entry requesting payment of extraordinary fees must be filed with the Clerk of Courts–Criminal Division.

Entry*……………………………………… Requesting payment of Extraordinary Fees.

Applies to

Expense reimbursement entry

A signed entry requesting reimbursement of expenses over $100 must be filed with the Clerk of Courts–Criminal Division.

Entry*……………………………………… Requesting reimbursement of expenses in an amount greater than $100.

Applies to

Expense reimbursement entry

Copies of receipts are required when requesting payment of expenses.

Copies of Receipts………………………. Requesting payment of expenses.

Applies to

Attorney time log

The attorney time log certification must state the hours, work, attorney name if applicable, actual expenses, and that no other compensation or duplicate billing has occurred.

The attorney shall certify that the number of hours expended, the work performed, the name of the attorney performing the work (if supervised attorneys are utilized) and actual expenses incurred. Further, the certification shall include a statement that no compensation has been received or promised from any other source for the same case; and, that hours billed for this case have not been, nor will be, billed for payment on any other related, or non-related, cases

Applies to

Cover sheet

Court proceedings for a CQE must be initiated with the designated Cover Sheet, Form A.

Thereafter, filings in this court are initiated using a "Cover Sheet" (Petition for Certificate of Qualification for Employment, or Form "A").

Applies to

Cover sheet

The Cover Sheet must state the petitioner's assigned ODRC Electronic Petition Identification Number and include a copy of the completed ODRC Electronic Application.

A petitioner must include their assigned ODRC Electronic Petition Identification Number on their Cover Sheet (Petition) filed in this court, and attach to it a copy of their fully completed Electronic Application as submitted to the ODRC.

Applies to

Information request

The Clerk must send an information request to every court or local prosecutor identified by the Probation Department and collect the responses in the case file.

The Clerk shall then send a notice and request for information to all courts/local prosecutors identified by the Department for each CQE Petition, and collect as part of the case file responses to such requests.

Applies to

Investigation completed notice

After completing its investigation, the Probation Department must deliver an information packet to the assigned judge and file an Investigation Completed notice with the Clerk.

Following completion of their investigation the Probation Department shall deliver an information packet to the assigned judge and file an "Investigation Completed" notice with the Clerk.

Applies to

Information packet

The information packet must include the Petition, the criminal history, and other information obtained under Revised Code 2953.25 and OAC Rule 5120-15-01.

The packet shall include a copy of the Petition, the criminal history, and other information obtained by the Probation Department in accordance with Revised Code 2953.25 and OAC Rule 5120-15-01.

Applies to

Motion to modify trial assignment date

A motion to modify the trial assignment date must be written, signed by both the attorney and moving party, and state good cause.

The motion shall be in writing, signed by both the attorney and the moving party, setting forth good cause for modifying the Trial Assignment Date.

Applies to

Motion to modify trial assignment date

Must include

certificate of service

A certificate of service must be filed with a motion to modify the trial assignment date.

A certificate of service shall be filed with the motion.

Applies to

Entry modifying trial assignment date

When the trial judge changes the trial assignment date, the requesting party must file an Entry Modifying Trial Assignment Date with the clerk within five days.

In all cases, if the Trial Assignment Date is changed by the Trial Judge, the party requesting the change shall within five days file with the Clerk of Court an "Entry Modifying Trial Assignment Date"

Applies to

Amended case schedule

When necessary, the moving party must prepare and file an Amended Case Schedule signed by the trial judge when filing an Entry Modifying Trial Assignment Date.

When a party files an "Entry Modifying Trial Assignment Date", the moving party shall also prepare and file, if necessary, an "Amended Case Schedule", signed by the Trial Judge, with copies served on all counsel, parties not represented by counsel, and the Assignment Commissioner.

Applies to

Entry modifying trial assignment date

When the trial judge initiates the change, the Court must prepare and file an Entry Modifying Trial Assignment Date and mail it to all parties within five days.

If the modification of the Trial Assignment Date is initiated by the Trial Judge, the Court shall prepare and file the "Entry Modifying Trial Assignment Date" and mail it within five days to all parties.

Applies to

Amended case schedule

When the trial judge changes the trial assignment date on the judge's own initiative, the Court must prepare, file, and mail an Amended Case Schedule to all parties.

If the Trial Assignment Date is changed on the Trial Judge's own initiative, the Court shall prepare, file, and mail to all parties an "Amended Case Schedule".

Applies to

Motion

Every civil or criminal motion must be accompanied by a brief stating its grounds and citing the authorities relied upon.

All civil or criminal motions shall be accompanied by a brief stating the grounds and citing the authorities relied upon.

Applies to

Proposed joint discovery plan

After the Rule 26(F) conference, all counsel and unrepresented parties must complete and file a proposed joint discovery plan substantially covering the matters in the attached model form.

Following the conference of all counsel and unrepresented parties, they shall complete and file a proposed joint discovery plan that includes substantially all matters addressed in the model Rule 26(F) Conference Report and Proposed Discovery Plan form attached to these Local Rules.

Applies to

Joint final pretrial statement

Unless the assigned judicial officer orders otherwise, all parties must prepare and file a joint final pretrial statement regardless of whether a final pretrial conference occurs.

Unless otherwise specifically ordered by the assigned judicial officer, in all cases, whether or not a final pretrial conference is held, all parties shall prepare and file a joint final pretrial statement.

Applies to

Joint final pretrial statement

The joint final pretrial statement must identify authorized chief trial counsel, detail factual and legal issues and evidentiary questions, list expected witnesses and exhibits, itemize special damages, state consent to a magistrate and jury, and describe the requested trial procedure.

The joint final pretrial statement shall include the following: 1. Identification of the chief trial counsel, who shall be fully authorized to act and negotiate on behalf of the party; 2. The factual and legal issues which the case presents in detail, and the party's position on those issues, including any significant evidentiary questions; 3. A listing of all witnesses genuinely expected to testify; 4. A listing of all exhibits expected to be offered into evidence, except exhibits to be used only for impeachment, illustration, or rebuttal; 5. An itemization of all special damages to be claimed; 6. Whether all parties consent to try the case to a Magistrate and a jury; 7. A description of the trial procedure to be requested, including:

Applies to

Notice of appeal

A Notice of Appeal de novo must be filed with an affidavit stating that the appeal is not for delay and that the appellant believes an injustice was done, and the appellant must pay the referenced sum to the Clerk of Courts.

An appellant shall file a Notice of Appeal de novo, in the office of the clerk, together with an affidavit indicating that the appeal is not being taken for delay but because the appellant believes an injustice has been done. The appellant shall pay to the Clerk of Courts the sum mentioned in (1)(b) below.

Applies to

Affidavit of indigency

An alleged indigent defendant must complete an affidavit of indigency under oath before appointment of private counsel or the public defender.

Before private counsel or the public defender is appointed, each alleged indigent defendant must complete under oath an affidavit of indigency setting forth the facts in support.

Applies to

Court document

Must include

caption

In civil cases, a firm must designate the attorney with primary trial responsibility as the “Trial Attorney.”

In civil cases, when counsel is a firm of attorneys one particular attorney within the firm having primary responsibility for trying the case shall be designated as “Trial Attorney” pursuant to Sup. R. 36(A).

Applies to

Motion to withdraw as counsel

Counsel must file a motion stating the reasons for withdrawal from the record.

In order to withdraw as counsel for record, counsel must present a motion setting forth the reasons for requesting withdrawal.

Applies to

Motion

An ex parte hearing requires affidavits filed with the motion establishing that delay or notice would cause the moving party extraordinary undue hardship or prejudice.

No matter shall be heard ex parte unless, from affidavits filed with the motion, the trial judge determines that extraordinary undue hardship or prejudice would result to the moving party by any delay in proceeding or as a result of attempting to give notice.

Applies to

Discovery motion

A discovery motion concerning disputed interrogatories, production or inspection requests, or admission requests must be filed with copies of the disputed document portions.

If relief is sought under Civ. R. 26(C) or Civ. R. 37 concerning any interrogatories, requests for production or inspection, or requests for admissions, copies of the portions of the documents which are in dispute shall be filed with the Court contemporaneously with any such discovery motion.

Applies to

Fee application

An attorney appointed after previously serving as privately retained counsel must submit a Prior Services and Compensation Affidavit to the assigned judge and attach it to the fee application.

The attorney is required to submit a “Prior Services and Compensation Affidavit” to the assigned judge and must attach this affidavit to the fee application submitted to the Court’s Finance Department.

Applies to

Affidavit of indigency

Before incurring litigation expenses for an indigent defendant, privately retained counsel must submit an affidavit of indigency and obtain the assigned judge’s approval.

An affidavit of indigency must be submitted to and approved by the assigned judge before any such litigation expenses are incurred.

Applies to

Proposed entry

Only attorneys of record may submit proposed Entries approving investigator or expert retention and setting tentative fee budgets; investigators and experts may not submit those Entries using an attorney’s name and bar number.

Only attorneys of record may submit proposed Entries for approval to retain investigators or experts and setting a tentative budget for such fees; private investigators and experts may not submit such Entries utilizing the name and bar number of an attorney.

Applies to

Fee statement

Before submitting investigator or expert fee statements for payment, counsel must review them and provide a written certification on Form #1AA that the billed work was actually performed, necessary to the case, and reasonable in time claimed.

Counsel must review fee statements before they are submitted to the court for payment and certify in writing (using the Form attached as #1AA) that to the best of their knowledge all work shown on the billing was actually done, necessary to the case, and reasonable in amount of time claimed.

Applies to

Appointment entry

A copy of the appointment entry must be filed with the Criminal Division of the Clerk, and another copy must accompany the fee application submitted to the Finance Department.

A copy of the appointment entry shall be filed with the Criminal Division of the Clerk and a copy of this appointment entry must be attached to the fee application submitted to the Court’s Finance Department.

Applies to

Fee application

Assigned counsel must submit all prescribed forms and the Attorney Time Log specified by Section I of the current Ohio Public Defender reimbursement standards.

All forms and an “Attorney Time Log” as prescribed in Section I of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition;

Applies to

Financial disclosure

Must include

defendant signature

Appointed counsel must obtain the indigent defendant’s signature on the State Public Defender Financial Disclosure form, OPD-206R.

Appointed counsel shall obtain the signature of the indigent defendant on the “Financial Disclosure” form required by the State Public Defender (Form: OPD-206R) as prescribed in Section I(E)(1) of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition.

Applies to

Fee application

Assigned counsel must submit the original Affidavit of Indigency with the fee application.

The original “Affidavit of Indigency”; and,

Applies to

Fee application

Assigned counsel must submit all applicable entries signed by the assigned judge as required by Local Rule 77.

All applicable entries, signed by the assigned judge, as required by Local Rule 77.

Applies to

Fee application

Assigned counsel must submit a complete and accurate fee application with all associated forms or entries within 30 days after disposition, and returning an inaccurate or incomplete application does not restart or extend that deadline.

It is the responsibility of the assigned counsel to submit complete and accurate fee applications with all associated forms and/or entries within thirty (30) days after the case disposition date, even if the Court returns this application to the attorney because the application was completed inaccurately or was missing information.

Applies to

Financial disclosure

Must include

judge signature

If the indigent defendant cannot sign the Financial Disclosure form, assigned counsel must obtain the assigned judge’s signature certifying the defendant’s indigency.

If the indigent defendant is not available to sign the form, assigned counsel shall obtain the signature of the assigned judge, certifying the indigency of the defendant.

Applies to

Financial disclosure

Appointed counsel providing post-disposition representation must submit a new, updated Financial Disclosure form.

If appointed counsel is providing representation for services after the original case disposition date, the attorney shall submit a new, updated “Financial Disclosure” form.

Applies to

Fee reimbursement application

Assigned counsel must complete all Ohio Public Defender’s Office forms and any supplemental information or forms requested by the Court when seeking reimbursement.

Assigned counsel seeking reimbursement shall complete all forms required by the Ohio Public Defender’s Office and/or supplemental information or forms requested by the Court.

Applies to

Fee reimbursement application

A fee reimbursement application must include OPD Form 1026R, and Form 1027R when applicable, for the motion, entry, and certification of appointed counsel fees.

OPD 1026R (& 1027R, if applicable) Motion, Entry, and Certification for Appointed Counsel Fees

Applies to

Fee reimbursement application

A fee reimbursement application must include OPD Form 206R financial disclosure.

OPD 206R Financial Disclosure

Applies to

Expert expense application

A request for court-paid expert expenses must include OPD Form 209.

OPD 209 Request for Court Paid Expert Expenses

Applies to

Transcript fee application

A request for an indigent defendant’s transcript fee must include OPD-E-205.

OPD-E-205 Clerk's/Auditor's Transcript Fee for an Indigent Defendant

Applies to

Fee reimbursement application

An affidavit of indigency must be submitted with every fee application.

Affidavit of Indigency ………………….. Submitted with all fee applications.

Applies to

Expert or investigator fee application

Every fee application requesting expert or investigator fees must include a certification for expert expenses.

Certification for Expert Expenses ....................All fee applications for expert or investigator fees.

Applies to

Extraordinary fee application

A request for payment of extraordinary fees must include an entry.

Entry*……………………………………… Requesting payment of Extraordinary Fees.

Applies to

Expense reimbursement application

A request for reimbursement of expenses exceeding $100 must include an entry.

Entry*……………………………………… Requesting reimbursement of expenses in an amount greater than $100.

Applies to

Appointment entry

An entry appointing new counsel during a case is required.

Entry*……………………………………… Appointing new counsel during a case.

Applies to

Withdrawal entry

An entry authorizing withdrawal of current counsel is required.

Entry*……………………………………… Authorizing withdraw of current counsel.

Applies to

Expense reimbursement application

A request for payment of expenses must include copies of receipts.

Copies of Receipts………………………. Requesting payment of expenses.

Applies to

Attorney time log

The attorney time log must certify the hours expended, work performed, attorney name if supervised attorneys are used, and actual expenses incurred.

The attorney shall certify that the number of hours expended, the work performed, the name of the attorney performing the work (if supervised attorneys are utilized) and actual expenses incurred.

Applies to

Attorney time log

The certification must state that no other compensation was received or promised for the case and that the hours will not be billed in another case.

Further, the certification shall include a statement that no compensation has been received or promised from any other source for the same case; and, that hours billed for this case have not been, nor will be, billed for payment on any other related, or non-related, cases

Applies to

Entry

All entries must be signed by the assigned judge or, if unavailable, the Administrative Judge, and filed with the Clerk of Courts – Criminal Division.

All entries must be signed by the assigned judge, or if they are unavailable, the Administrative Judge, and must be filed with the Clerk of Courts – Criminal Division.

Applies to

Juror questionnaire

All prospective jurors must complete the court-approved Juror Questionnaire and any supplemental questionnaire approved by the trial judge.

All prospective jurors shall complete the "Juror Questionnaire" approved by the Court. If a trial judge approves a supplemental questionnaire, jurors shall complete the supplemental questionnaire.

Applies to

Notice of counsel

Plaintiff’s counsel, or an unrepresented plaintiff, must file an assignment-office Notice of Counsel form by the applicable case-track deadline, listing counsel and represented parties and all unrepresented parties.

17.04 On or before the 270th day after the filing of a 24-month time track case, and on or before the 90th day after the filing of a l2-month track case, counsel for the plaintiff, or the plaintiff, if not represented, shall file with the assignment office a "Notice of Counsel", on a form provided by that office. The "Notice of Counsel" form shall contain the names and addresses of all trial counsel and the parties they represent, and the names and addresses of all parties not represented.

Applies to

Notice of counsel

Notice of a change, addition, or deletion of counsel must be filed with the assignment office.

Notice of any change, addition or deletion of counsel shall be originally filed with the assignment office. Nothing in this Rule shall prevent any party or counsel from timely filing such notice.

Applies to

Computer generated notice

Duplicate computer-generated notices for court-scheduled events must be filed with the Clerk, microfiched, and docketed with microfiche coordinates.

17.05 File copies of computer-generated notices which are produced in duplicate of any event scheduled before this Court shall be filed with the Clerk, microfiched, and docketed with microfiche coordinates.

Applies to

Refiled complaint

A refiled civil complaint must state the original case number and judge to whom the case was previously assigned beneath the new case number.

If a case has been dismissed and is refiled, the refiled complaint shall contain the following designation under the new case number: "THIS IS REFILED CASE #, PREVIOUSLY ASSIGNED TO" [See example].

Applies to

Pleading

Must include

caption

Consolidated cases remain separate, and every subsequent pleading must bear the complete captions of all consolidated cases and be filed in each case.

Although cases have been consolidated, each case shall remain separate and distinct. All subsequent pleadings shall bear the complete captions of all consolidated cases and shall be filed in each case.

Applies to

Court document

Must include

caption

Subsequent court documents must identify a newly added party in the caption and designate the party as “new party plaintiff” or “new party defendant,” as applicable.

When a new party plaintiff or defendant is added to a case after its commencement, the caption of subsequent court documents shall contain the name of the new party, followed by the specific designation of "new party plaintiff" or "new party defendant" as is applicable.

Applies to

Notice of change of address

Counsel must file written notice of an address change with the assignment office and include each attorney’s Ohio Supreme Court registration number.

Counsel shall file with the assignment office written notice of any change of address. The notice shall include the Ohio Supreme Court attorney registration number for each attorney.

Applies to

Pro hac vice permission

Out-of-state counsel must comply with Gov. Bar. R. XII before receiving permission to appear pro hac vice.

Prior to being granted permission to appear pro hac vice, out-of-state counsel must comply with Gov. Bar. R. XII.

Applies to

Motion

A motion must be titled using the prescribed motion format identifying the party and motion type.

MOTION: MOTION OF [plaintiff/defendant] [party name] [to/for] [type of motion]

Applies to

Opposition

A memorandum contra must use the prescribed title identifying the responding party, the motion, and the motion’s filing date.

MEMORANDUM CONTRA: MEMORANDUM CONTRA OF [plaintiff/defendant] [party name] TO [plaintiff/defendant] [party name]'S MOTION [to/for] [type of motion] FILED [date of motion]

Applies to

Reply

A reply must use the prescribed title identifying the replying party, the responding party, and the motion’s filing date.

REPLY: REPLY OF [plaintiff/defendant] [party name] TO [plaintiff/defendant] [party name]'S ===== PAGE 2 ===== MEMORANDUM CONTRA TO MOTION

Applies to

Final judgment

Every foreclosure judgment confirming sale and distribution of proceeds must attach a Franklin County Treasurer certificate obtained through the delinquent tax section and certifying payment or discharge of all Taxes due.

Every final Judgment for confirmation of sale and distribution of proceeds of foreclosure shall include as an attachment a certificate of the Franklin County Treasurer, obtained through the delinquent tax section of that office, certifying that all Taxes due have been paid or will be discharged out of the proceeds of sale pursuant to R.C. 323.47.

Must include

local rule certificate

An out-of-state attorney seeking admission pro hac vice must file the Supreme Court of Ohio Certificate of pro hac vice Registration.

91.01 An attorney not licensed to practice in Ohio who currently is licensed to practice in any other state or the District of Columbia may, in the discretion of the trial judge, be permitted to represent parties in any litigation pending or to be filed in this court after completion of all of the following conditions: A. Filing a written Certificate of pro hac vice Registration from the Supreme Court of Ohio pursuant to Section 2(A)(3) of Rule XII, of the Rules for the Government of the Bar; B. Certifying in writing familiarity with this court’s Local Rules and the appropriate Ohio Criminal or Civil Rules, Rules of Evidence and Rules of Professional Conduct; C. Be sponsored in writing by an attorney licensed to practice law in Ohio. The sponsoring attorney, or another attorney licensed to practice in Ohio, shall be co-counsel with the attorney admitted pro hac vice. D. The sponsoring attorney shall submit with the motion and certification an entry granting the motion.

Applies to

Original case schedule

The Clerk must prepare and file an Original Case Schedule when a new case is opened.

When a new case is opened, the Clerk of Court shall prepare and file an “Original Case Schedule.”

Applies to

Pleading motion brief memorandum or written argument

Must include

certificate of service

Written proof of service must appear on or accompany each covered filing, and a judge will not consider a filing without a certificate of service unless the filing is a trial brief that counsel agreed not to exchange.

Proof of service in writing shall be shown on or attached to the pleading, motion, brief, memorandum, or argument in writing. No paper delivered to the Court or a judge without a certificate of service shall be considered by any judge of this Court except trial briefs where it has been agreed by counsel that they shall not be exchanged.

Applies to

Pleading or motion

A pleading or motion may not be amended by interlineation or obliteration without the Trial Judge's express prior leave.

15.02 No pleading or motion shall be amended by interlineation or obliteration except upon express prior leave of the Trial Judge.

Applies to

Amended pleading or motion

When an amended pleading or motion is filed, the original pleading or motion and any prior amendment must remain in the court files.

Upon the filing of an amended pleading or motion, the original or any prior amendment shall not be withdrawn from the files.

Applies to

Notice of criminal case transfer

After a criminal case is transferred from its initially assigned judge, the assignment office must publicly file a Notice of Criminal Case Transfer with the clerk identifying each transferred case and the reason for transfer.

When cases are transferred after initial assignment to a judge, the assignment office shall publicly file a “Notice of Criminal Case Transfer” with the Clerk, listing each case transferred, and the reason(s) for each transfer.

Applies to

Notice of criminal case transfer

The Notice of Criminal Case Transfer must be electronically signed by an authorized assignment-office representative.

Such a Notice shall be signed electronically by an authorized representative of the assignment office.

Applies to

Re indicted case

A re-indicted case must include the prescribed statement that it was previously assigned to the identified judge.

If a case has been terminated by nolle prosequi or other form of dismissal, the re-indicted case shall contain the following designation under the case number: "THIS IS RE-INDICTED CASE #, PREVIOUSLY ASSIGNED TO" [See example].

Applies to

Re indicted case

Must include

case number

The original case number must appear beneath the re-indictment designation.

Additionally, the original case number shall appear under the above designation.

Applies to

Case schedule

The Clerk must prepare and file a document titled Case Schedule when an initial pleading opens a new case file.

When an initial pleading is filed and a new case file is opened, the Clerk of Court shall prepare and file a paper entitled "Case Schedule"

Applies to

Case schedule

The Clerk must provide one copy of the Case Schedule to the plaintiff or the plaintiff's agent.

and shall provide one copy to the plaintiff or the plaintiff's agent.

Applies to

Amended case schedule

After a stay is lifted, trial counsel must submit an amended case schedule that extends the deadlines by the stay’s length and designates a trial date convenient to the trial judge.

When the stay is lifted, trial counsel shall submit an amended case schedule extending the deadlines by the length of the stay, designating a trial date convenient to the trial judge.

Applies to

Journal entry

Winning counsel must prepare and submit the proper journal entry within five days, and adverse counsel must approve or reject it within three days after receipt, unless the Trial Judge directs otherwise.

Unless the Trial Judge otherwise directs, counsel for the party in whose favor a decision, order, decree, or judgment is rendered, shall within five days thereafter prepare the proper journal entry and submit it to the counsel for the adverse party, who shall approve or reject the entry within three days after receipt.

Applies to

Journal entry

The names of counsel and the Trial Judge must be typed or printed on the journal entry.

Name of the counsel and of the Trial Judge shall be typed or printed upon the entry.

Applies to

Journal entry

An approved entry must be signed, presented to the Trial Judge for approval, and, after the judge signs it, filed with the Clerk.

When the entry is approved by counsel, it shall be signed and presented to the Trial Judge for approval, and if signed by the Trial Judge, shall then be filed with the Clerk.

Applies to

Entry of dismissal

Counsel must promptly submit an entry of dismissal to the Trial Judge after settling any case.

Counsel shall promptly submit an entry of dismissal to the Trial Judge following settlement of any case.

Applies to

Journal entry

An entry that does not dispose of all claims, counterclaims, or cross-claims must specify which claims remain pending.

If the entry does not dispose of all claims, counterclaims and/or cross-claims, it shall specify what claims remain pending.

Applies to

Certification of assets

A defendant found guilty must use the court-provided form to disclose assets of every kind.

85.01 Any defendant found guilty of a criminal offense in this Court shall, on a form provided by this Court, disclose assets of every kind for the purpose of assisting the Trial Judge, the adult probation department, and the sheriff, in the collection of the fine and cost in that case.

Applies to

Renew referral

A defendant’s referral for a RENEW eligibility evaluation requires a completed and signed RENEW Referral Form and notice to counsel.

C. Referral for Evaluation: In referring a defendant to be evaluated for eligibility for the RENEW Program, a signed form entitled RENEW Referral Form, must be completed and counsel notified.

Applies to

Consent and waiver

A defendant seeking a RENEW eligibility evaluation must complete the Consent and Waiver for Defendant for Evaluation for RENEW with the defense attorney.

D. Defendant Consent to Evaluation: If the defendant wishes to be evaluated for eligibility, the defense attorney and defendant must complete the entry entitled Consent and Waiver for Defendant for Evaluation for RENEW.

Applies to

Renew referral

The signed consent-and-waiver entry and the signed RENEW Referral Form must be forwarded to the RENEW Coordinator.

This signed entry, along with the entry in Section C above, must then be forwarded to the RENEW Coordinator.

Applies to

Nolle prosequi application

The Prosecuting Attorney must file a written application stating sufficient grounds whenever seeking a nolle prosequi in a criminal case under R.C. Section 2941.22.

When the Prosecuting Attorney desires to enter a nolle prosequi in any criminal case pursuant to R.C. Section 2941.22, a written application shall be filed, setting forth sufficient grounds for the requested relief.

Applies to

Receiver candidate suggestion

A party suggesting a receiver candidate must document the candidate's relevant experience and expertise and certify that the candidate is disinterested.

Any party may suggest candidates, but must be prepared to document their experience and expertise relative to the matter at hand, and certify that they are disinterested persons.

Applies to

Motion for appointment of receiver

A request for appointment of a receiver must disclose the entire proposed receiver compensation arrangement, including expense reimbursements and any contemplated leasing or sale commission.

the entire fee arrangement proposed to compensate the receiver, including all expense reimbursements and any commission contemplated for leasing or selling property.

Applies to

Receivership procedural matter

Receivership motions, fee applications, hearing requests, and other receivership procedural matters must be submitted in writing with an approval entry tendered to chambers.

Motions for a receivership, fee applications, hearing requests, or other procedural matters relative to a receivership must be submitted in writing, with an approval entry tendered to chambers.

Applies to

Motion for appointment of receiver

Counsel must present sufficient facts to enable the court to make an informed judgment on the receivership bond.

counsel must be prepared to present sufficient facts for the court to make an informed judgment on bond.

Applies to

Receivership plan

The initial receivership plan must identify the debtor's business and receivership circumstances, objectives, significant assets, anticipated costs and duration, operational or liquidation details, and anticipated proceedings and costs.

(B) The initial receivership plan shall identify: 1) the nature of the debtor’s business, and a concise statement of the circumstances leading to the receivership; 2) whether the present goal is to preserve and operate a business, collect rental on property, liquidate assets, or take other action; 3) the significant assets of the receivership, including real estate, tangible or intangible property, inventory, cash on hand, accounts receivable, and claims against insurers or other third parties; 4) anticipated transactional costs predictably to be incurred, including upcoming financing or mortgage payments, government fees or taxes, receiver fees, accounting, appraisal or auction costs, and legal fees inherent in the plan (as best they can be estimated); 5) the anticipated duration of the receivership; 6) if an active business is to be operated, the minimum number of employees needed to do so, and the estimated aggregate payroll (including benefits) per month; 7) if property is to be liquidated, the estimated date by which appraisal and sale by the receiver can occur, and whether public or private sale is contemplated; 8) if litigation or administrative proceedings are underway or anticipated, the nature and expected cost of each such proceeding.

Applies to

Receivership plan and report

Must include

proposed order

A proposed entry approving the receivership plan and report must accompany the chambers copy.

A duplicate copy shall be submitted to chambers, together with a proposed entry approving the plan and report.

Applies to

Fee application

Each fee application must be written, include notice to all appeared parties, and attach an updated plan and progress report plus a billing summary stating the work dates, work performed, persons who performed it, and proposed rates or fee-calculation method.

Fee applications shall be made in writing, with notice to all parties that have appeared. The receiver or counsel for the receiver shall attach to each fee application a brief, updated plan and progress report, consistent with Local Rule 66.06, together with a billing summary concisely reflecting: (1) the dates on which work was performed; (2) a description of work performed; (3) the name of each individual performing the work; and (4) the hourly rate(s) sought to be charged, or other method used to calculate proposed fee(s) and expenses.

Applies to

Proposed order

Must include

proposed order

If the parties intend to seek a protective order or clawback agreement, a proposed order must be produced to the court by the date specified in the conference report.

If yes, a proposed order shall be produced to the Court by .

Applies to

Title insurance commitment

A party seeking judicial sale of one-to-four-family residential real estate must file an ALTA owner's title-insurance commitment containing specified ownership, recording, exception, lien, and lien-holder information.

In every action demanding the judicial sale of one to four family residential real estate, the party or parties seeking such judicial sale shall file, within fourteen (14) days after the filing of the pleadings requesting such relief, a commitment for an owner's policy of title insurance, on the currently revised ALTA owner's policy form prepared by a licensed "title insurance company" as that term is defined in Section 3953.01(c) of the Ohio Revised Code, showing: (i) the name of the owners of the property to be sold; (ii) a reference to the volume and page of the recording by which said owners acquired title to such real estate; (iii) a description of all exceptions to said owner's fee simple title and liens thereon; and (iv) the name and address, as shown on the recorded lien, of the lien holder(s).

Applies to

Title insurance commitment

The title-insurance commitment must cover every parcel, insure the successful-bid amount, identify the purchaser at judicial sale as proposed insured, and remain effective through 30 days after recording of the Sheriff's Deed.

Such commitment shall cover each parcel of real estate to be sold, shall be in "the amount of the successful bid at Sheriff's sale", shall show "purchaser at judicial sale" as the proposed insured, and shall not expire until 30 days after recordation of the Sheriff's Deed to such purchaser.

Applies to

Title insurance invoice

Between the Sheriff's return of the sale order and confirmation of the sale, the requesting party must file with the Clerk an invoice covering the title-insurance policy, related commitment expenses, and any cancellation fee.

After the Sheriff's return of the order of sale and prior to the confirmation of the sale, the party or parties requesting the order of sale shall cause an invoice for the cost of the title insurance policy, commitment cost related expenses and cancellation fee, if any, to be filed with the Clerk of this Court.

Applies to

Judicial sale distribution entry

The requesting party must prepare a judicial-sale distribution entry showing assessed court costs, including the title-insurance invoice, related commitment expenses, any cancellation fee, all other costs, and the distribution of sale proceeds.

The party or parties requesting the order of sale shall prepare a distribution entry showing the court costs assessed, which include the invoice for the cost of the title insurance policy, commitment cost related expenses, including cancellation fee, if any, and all other costs and distribution of sale.

Applies to

Attorney time log

An OPD 1028 Attorney Time Log must be prepared for each case and submitted only when requested by the assigned or administrative judge.

Attorney Time Log, OPD 1028…………. Log is prepared for each case, but only submitted upon request of the assigned judge or administrative judge.

Applies to

Written report

The written report must include a statement of the status of settlement negotiations.

8. A statement of the status of settlement negotiations.

Applies to

Attorney time log

An OPD 1028 attorney time log must be prepared for each case but submitted only upon request of the assigned judge or administrative judge.

Attorney Time Log, OPD 1028…………. Log is prepared for each case, but only submitted upon request of the assigned judge or administrative judge.

Applies to

Original case schedule and notice

The Original Case Schedule and Notice must substantially follow the prescribed form and include events and intervals measured in weeks from the filing date.

The Original Case Schedule and Notice shall be issued in substantially the following form, with event and time intervals included (measured in weeks from the date of filing):

Applies to

Journal entry

Entries should state the reason for the entry or relate it to the decided motion and decision date, and should indicate whether the entry is final.

All entries should: (1) state the reason for the entry; or (2) relate the entry to the motion decided and the date of the decision; and (3) indicate whether or not it is a final entry.

Applies to

Body worn camera footage

Upon receiving a public-records request, the law-enforcement agency must provide both redacted and unredacted footage to the Administrative Judge or designee at least one week before the intended response date.

Upon receiving a public records request, the law enforcement agency shall provide the redacted and unredacted footage to the Administrative Judge, or designee, at least one week prior to the intended date of response.

Applies to

Motion for appointment of receiver

A request for appointment of a receiver must advise the court of the approximate value of the business or property likely to be managed if the receivership is granted.

the approximate value of the business or property likely to be managed in the receivership (if granted)

Applies to

Motion for appointment of receiver

A request for appointment of a receiver must advise the court of the scope of work likely required of the receiver.

the scope of work likely to be required of the receiver.

Applies to

Receivership plan

The receivership plan must be updated when significant developments warrant or during ongoing periodic reporting to the court.

The plan shall, thereafter, be updated as significant developments warrant, or as part of ongoing periodic reporting to the court.

Applies to

Jury service summons notice

The notice summoning a person to jury service should be phrased for easy understanding by someone unfamiliar with the legal and jury systems.

The notice summoning a person to jury service should be:

Applies to

Treatment provider acknowledgment form

RISE Program treatment providers must sign an acknowledgment form covering all requirements and agreements in the RISE Program Description, and the form must be renewed annually.

The RISE Program shall develop an Acknowledgement Form to be signed by RISE Program treatment providers. The Acknowledgment Form will be an acknowledgment of all requirements and agreements contained within the RISE Program Description and shall be renewed annually.