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

Applies to

Proof of relief from stay

When a Chapter 13 bankruptcy has been filed and relief from stay has been granted, proof of the relief from stay must be filed in the case or, in cases where at least one party has not answered the movant’s claims, presented at the default hearing.

14C. A Chapter 13 bankruptcy has been filed and relief from stay has been granted to the party seeking judgment; AND proof that relief from stay has been granted either □ has been filed in this case; or □ (applicable only in cases where at least one party has not answered movant’s claims) will be presented at the default hearing;

Applies to

Proof of relief discharge and trustee abandonment

For a Chapter 7 bankruptcy where relief from stay or discharge and trustee abandonment have occurred, the specified proof must be filed in the case or, in cases where at least one party has not answered the movant’s claims, presented at the default hearing.

14D. A Chapter 7 bankruptcy has been filed and; □ 1. Relief from stay has been granted to the party seeking judgment or the debtor has been discharged; AND □ 2. The trustee has abandoned the property subject to this case; AND □ 3. Proof that relief from stay has been granted or the debtor has been discharged, and that the trustee has abandoned the property either □ has been filed in this case or □ (applicable only in cases where at least one party has not answered movant’s claims) will be presented at the default hearing;

Applies to

Service members affidavit

For parties who have not appeared and are capable of serving in the United States Armed Forces, an affidavit complying with 50 U.S.C. Appendix Section 521 must be filed.

17A. For all parties who have not entered an appearance and are capable of serving in the United States Armed Forces, I have filed an affidavit that complies with 50 U.S.C. Appx. Section 521 (the Service members’ Civil Relief Act); OR

Applies to

Continuance motion

Must include

proposed order

Counsel must submit a proposed continuance order that resets the trial date, and the court will not grant a continuance unless the trial is rescheduled.

Counsel shall provide the Court with a proposed entry granting the motion for continuance of the trial date and resetting the trial date when all counsel are available. The Court will not grant a continuance without rescheduling the trial.

Applies to

Fax or email filing

A fax cover page or email body must include specified case, document, transmission, and page information, and filings lacking that information will not be accepted as filed.

The cover page of the facsimile transmission or the body of the email message shall include the following information: the caption of the case, the case number, the assigned judge and/or magistrate, a description of the document being filed, the date of transmission, the transmitting fax number, and an indication of the number of pages included in the transmission, including the cover page, if applicable. Documents transmitted without such information shall not be accepted as filed.

Applies to

Electronically filed document

Electronically filed pleadings and documents must include the required signature and signer’s email address, and electronic signatures must use the specified format.

A. Any pleadings/documents that are e-filed must contain signatures as required by Ohio law or rules of court and the signer’s e-mail address. Signatures may be electronic. Electronic signatures shall have the following format: /s/ Attorney Name Attorney Name, Registration Number Email address

Applies to

Document requiring multiple signatures

A document requiring multiple signatures must include the submitting party’s signature, an affirmation of agreement by all required signers, and identification of the other signatories’ written authorizations.

C. Multiple signatures: When a stipulation or other document requires two or more signatures: ===== PAGE 18 ===== 1. The submitting party shall sign the stipulation or document as follows: “/s/ John Smith.” 2. The submitting party or attorney shall then include an affirmation that the contents of the document are acceptable to all persons required to sign the document. The submitted shall indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line. 3. The submitting party or attorney shall then submit the document electronically, identifying all of the other signatories as follows: “/s/ Jane Doe, per written authorization, by John Smith,” etc.

Applies to

Motion for specific relief

Must include

proposed order

A party seeking specific relief before final judgment must request it in a separate motion that clearly identifies the relief and must electronically file a proposed judgment entry or order with the motion.

VI. Motion for specific relief. If a party is seeking specific relief prior to final judgment in a case, that relief shall be requested in a separate pleading (e.g., a motion) that clearly designates the requested relief. Proposed judgment entries or orders shall be e-filed with all motions for specific relief.

Applies to

Electronically filed document

Must include

caption, case number

Each electronically filed document must contain the case caption and case number.

Each document must contain the case caption, case number, description of the

Applies to

Proposed order

Proposed orders and entries must reference the specific motion, be filed in Microsoft Word, and contain no mail merge fields or embedded macros.

Proposed orders and entries (or other documents requiring a judge or magistrate’s signature) shall reference the specific motion to which they apply, shall be filed in Microsoft Word, and shall not contain any mail merge fields or macros embedded in the document.

Applies to

Pleading

When commencing an action electronically or filing a pleading requiring service, a request for service and instructions for service must accompany the pleading, which must list the names and addresses of all parties to be served.

Any time that an action is commenced by e-filing, or a third-party complaint or any other type of pleading requiring service is filed in an open case, a request for service and instruction for service shall also be filed with the pleading. The complaint, third- party complaint or other pleading shall contain the names and addresses of all parties to be served.

Applies to

Electronic filing

Must include

certificate of service

Electronic filers must continue to comply with applicable Ohio rules, including certificate-of-service and notice requirements, in addition to local court rules.

Parties filing pleadings or documents electronically must still comply with any applicable Rules of Practice and Procedure for Ohio Courts (e.g., certificate of service, notice, etc.) in addition to the local rules of this court.

Applies to

Certificate of readiness

When the mortgage legal description is incorrect, the movant must assert a count for reformation of the mortgage.

□ 1B. The legal description in the mortgage is incorrect and I have asserted a count for reformation of the mortgage; OR

Applies to

Transcript

Every transcript filed with the Court must identify the court reporter's name, business address, and business telephone number.

Every transcript filed in this Court shall contain the name, business address and business telephone number of the court reporter making the same.

Applies to

Notice of substitution

A criminal-defense counsel substitution requires a notice of substitution; a notice of appearance alone is insufficient and is treated only as co-counsel entry of appearance.

In such cases, the filing of a notice of substitution is required. A notice of appearance filed by substitute counsel alone is insufficient to complete the substitution process and will be considered notice of entry of appearance as co-counsel in the case.

Applies to

26(F) report

All counsel and unrepresented parties must use the court’s designated 26(F) form when submitting the report.

All counsel of record and each unrepresented party must use the appropriate 26(F) form (Exhibit D) which is available through the Magistrate’s Office and on the Court’s website.

Applies to

Discovery plan

The discovery plan must be filed not later than seven (7) days prior to the scheduling conference and within 14 days after the discovery conference is held.

RULE 26(F)(3) DISCOVERY PLAN _______________________________ (to be filed not later than seven (7) days prior to scheduling conference and within 14 days after the discovery Defendants(s) conference is held)

Applies to

Certificate of readiness

When the legal description in the preliminary judicial report is incorrect, a correcting endorsement must be filed.

□ 1C. The legal description in the preliminary judicial report is incorrect AND I have filed an endorsement correcting the error; OR

Applies to

Civil action or proceeding with poverty affidavit

The Clerk must refuse to accept a civil action or proceeding and a poverty affidavit until the party files the sworn Affidavit of Income, Expenses and Financial Disclosure.

The Clerk shall refuse to accept a civil action or proceeding and the poverty affidavit until the party offering same completes and files a sworn Affidavit of Income, Expenses and Financial Disclosure for the Clerk’s review and determination of sufficiency.

Applies to

Civil action

Must include

case number

A civil action must be accompanied by the Clerk-provided Civil Case Information Form before the Clerk will accept it.

II. The Clerk shall not accept a civil action unless said civil action is accompanied by a completed Civil Case Information Form provided by the Clerk of Court.

Applies to

Initial pleadings

Must include

caption

Initial pleadings must include the caption information required by Ohio Civil Rule 10(A).

The caption of all initial pleadings shall contain the information required by Rule 10(A) of the Ohio Rules of Civil Procedure.

Applies to

Initial pleadings

A completed Civil Case Information Form must accompany all initial pleadings.

A completed Civil Case Information Form shall be filed with all initial pleadings.

Applies to

Motion

Every moving party must file and serve a brief memorandum stating the grounds, requested relief, and supporting authorities with particularity.

All moving parties shall file and serve their motions with the following: 1. A brief written memorandum which shall: a. State with particularity the grounds in support of the motion; b. Set forth the relief or order sought; and c. Specify the citations of the authorities upon which the motion is based.

Applies to

Motion

A motion relying on facts outside the record must include authenticated copies of supporting photographs or documentary evidence.

Authenticated copies of all photographs or documentary evidence that will be used in support of the motion if the motion requires the consideration of facts that do not appear in the record.

Applies to

Opposition brief

A party opposing a motion must file and serve a memorandum in opposition.

All parties opposing motions shall file and serve a memorandum in opposition to the motion that has been filed and served against them.

Applies to

Motion for leave to file longer opposition

A party seeking to exceed the opposition memorandum page limit must file a motion explaining the unusual circumstances requiring a longer memorandum.

Application for leave to file a longer memorandum in opposition shall be by motion specifying the unusual circumstances which necessitate the filing of a memorandum in opposition that exceeds the limits imposed by this rule.

The judicial reports and preliminary judicial report must be filed and satisfy specified monetary-guaranty, conveyance, lien-debtor-and-creditor, parcel-number, address, and title-company-signature requirements, or the movant must file an endorsement correcting deficiencies.

□ 9A. I have examined the judicial reports that have been prepared for this case and the preliminary judicial report: □ 1. Has been filed; AND □ 2. Has a proper monetary guaranty (i.e. at least for the first mortgage amount); AND □ 3. Has proper conveyance information (i.e. details the last transfer); AND □ 4. Lists debtors and creditors for each judgment lien; AND □ 5. Consistently and correctly identifies the permanent parcel number of the subject property; AND □ 6. Consistently and correctly identifies the address of the subject property; AND □ 7. Has been signed by an appropriate officer of the title company; OR

Applies to

Pretrial statement

Previously filed pretrial statements must include the specified claims, defenses, facts, issues, witnesses, exhibits, motions, damages, and proposed jury instructions.

The Court shall review and discuss with counsel their previously filed pretrial statements which must contain the following information:

Applies to

Pretrial statement

The pretrial statement's exhibit list must mark joint, plaintiff, defendant, and third-party exhibits using the prescribed designation method.

7. A list of exhibits counsel intends to offer into evidence marked as follows:

Applies to

Proposed jury instructions

Proposed jury instructions must be provided in both hard-copy and disc form.

10. Proposed jury instructions (hard copy and disc).

Applies to

Trial exhibits

At the pretrial conference, trial counsel must bring the originals or copies of proposed trial exhibits and be prepared to resolve preliminary evidence questions under Ohio Evidence Rule 104.

At the pretrial conference, trial counsel shall be prepared to discuss all phases of their case, shall bring with them the originals or copies of exhibits proposed to be offered at trial, and be prepared to resolve all preliminary questions of evidence pursuant to Rule 104 of the Ohio Rules of Evidence.

Applies to

Notice of remand

A Notice of Remand must be filed with the court within 10 days after an appellate remand decision and include a copy of the decision.

Such a notice shall take the form of a Notice of Remand, to be filed with the Clerk of this Court within ten (10) days after the appellate decision is issued and accompanied by a copy of that decision.

Applies to

Notice of remand

A Notice of Remand must advise the court when further appellate proceedings are intended and may prevent the court’s jurisdiction from being fully restored.

If any party intends to pursue further appellate proceedings that might prevent this Court’s jurisdiction from being fully restored, the Notice of Remand shall so advise.

Applies to

Post federal remand filing

Within 10 days after a federal remand order, the removing party or its attorney must file the federal docket, all federal pleadings, and all substantive federal decisions with the court clerk.

within ten (10) days after the remand order is issued, the party who removed the action or his/her/its attorney of record shall be responsible for filing with the Clerk of this Court: (1) a complete copy of the case docket from the federal court, (2) copies of all pleadings filed in the federal court, and (3) copies of all substantive decisions issued by the federal court while the matter was pending there.

Applies to

Release or assignment of judgment

Releases and assignments of judgments or certificates of judgment must be in writing and signed by an authorized person.

Releases and assignments of judgments or certificates of judgment shall be in writing and signed by a person authorized to execute the instrument.

Applies to

Complaint involving real estate

A civil complaint involving real estate must include a legally sufficient legal-description exhibit containing the parcel identification number, street address, and prior deed reference.

Attach to the Complaint a legal description of the subject parcel(s), marked as “legally sufficient” by the Greene County Engineers’ Office. The legal description must contain the parcel identification number, the street address and prior deed reference of the subject parcel.

Applies to

Complaint involving real estate

A real-estate complaint must include a counsel-signed certification that public records were examined and all interested persons or entities were named.

Include at the bottom of any Complaint involving real estate a certification, signed by counsel, that counsel has examined the public records of Greene County, Ohio and has named in the Complaint any person or entity having an interest in the real estate.

Applies to

Preliminary judicial report

When a judicial sale of real estate is contemplated, the requesting party or its attorney must file the original preliminary judicial report, prepared and extended by a title and abstract company to a date no more than 30 days old.

File with the Clerk of Courts the original guaranteed evidence of the state of the record title to the property in question (preliminary judicial report) prepared and extended by a responsible title and abstract company to a date not over thirty (30)

Applies to

Final judicial report

A party requesting a judicial real-estate sale must file the original final judicial report with the Clerk of Courts, including the case docket, property address or location, and the record state of title.

A. File with the Clerk of Courts the original final certificate of extension of the evidence of title (final judicial report) prepared and extended by a responsible title and abstract company, which includes a copy of the case docket, the address or location of the property, and the record state of title as of a date not prior to the effective date of the preliminary judicial report.

Applies to

Foreclosure complaint

A foreclosure pleading contemplating a judicial real-estate sale must include a Tax Map Department-stamped legally sufficient property description, and the Clerk will not accept the complaint without it.

III. In every pleading wherein a judicial sale of real estate is contemplated, the party praying for foreclosure shall attach as an exhibit a legal description of the real property involved that bears the stamp “Legally Sufficient” from the Tax Map Department of the Greene County Engineer’s Office. The Clerk of Courts shall not accept for filing any complaint for foreclosure that does not have this exhibit attached.

Applies to

Default or summary judgment motion

A party seeking default or summary judgment on a foreclosure claim must file a completed Certificate of Readiness with the motion, and failure to satisfy its requirements by the applicable hearing or response date results in dismissal without prejudice.

IV. Any party seeking a default or summary judgment on a claim for foreclosure must file a completed “Certificate of Readiness” along with the party’s motion for default judgment or summary judgment. If any of the requirements of the Certificate of Readiness are not met as of the date of the default hearing in cases where at least one (1) party has not answered movant’s claims, or as of the date a response is due to the motion for summary judgment in cases where all parties have answered movant’s claims, the case will be dismissed without prejudice. “Certificate of Readiness” forms are available from the Clerk of Courts, on the first floor of the Greene County Courthouse. (See Exhibit “F”).

Applies to

Deed

The deed prepared for the purchaser must contain a legal description matching the legally sufficient legal description attached to the foreclosure complaint.

VIII. The Court, upon the return of the writ of execution and careful examination of the proceedings, shall direct that a deed be made to the purchaser. The legal description contained in the prepared deed must match the legally sufficient legal description attached to the complaint.

Applies to

Endorsement

In cases where at least one party has not answered the movant’s claims, a correcting endorsement must be filed and presented at the default hearing.

□ 1D. (Applicable only in cases where at least one party has not answered movant’s claims) I will file an endorsement correcting the error and present it at the default hearing.

Applies to

Certificate of readiness

A full legible copy of the promissory note and any loan modification must be attached when the claim involves those instruments.

□ 2A. With regard to the promissory note and any loan modification there is a full legible copy of the promissory note and loan modification, if any, attached; OR

Applies to

Affidavit of lost document

If the promissory note or loan modification cannot be attached, the pleading must state the reason for the omission and a sufficient lost-document affidavit must be filed.

□ 2B. The reason for the omission is stated in the pleading and I have filed a sufficient affidavit of lost note and lost loan modification, if any; OR

Applies to

Affidavit of lost document

In cases where at least one party has not answered movant’s claims, the reason for the omission must be stated in the pleading, and the movant will file and present a sufficient affidavit of lost note and lost loan modification, if any, at the default hearing.

□ 2C. (Applicable only in cases where at least one party has not answered movant’s claims) The reason for the omission is stated in the pleading and I will file a sufficient affidavit of lost note and lost loan modification, if any, and will present it at the default hearing; OR

Applies to

Interest rate affidavit

For a variable-rate note, an up-to-date affidavit detailing interest-rate changes during the relevant period must be filed.

□ 3B. The note is a variable rate note AND I have filed an up-to-date affidavit that details the interest rate changes during the relevant time period; OR

Applies to

Interest rate affidavit

In cases where at least one party has not answered the movant’s claims, an up-to-date interest-rate affidavit must be filed and presented at the default hearing.

□ 3C. (Applicable only in cases where at least one party has not answered movant’s claims) I will file an up-to-date affidavit that details the interest rate changes during the relevant time period and present it at the default hearing; OR

Applies to

Certificate of readiness

A full recorded copy of the mortgage must be attached when the claim involves a mortgage.

□ 4A. With regard to the mortgage, there is a full recorded copy of the mortgage attached; OR

Applies to

Mortgage

In cases where at least one party has not answered the movant’s claims, an unrecorded mortgage copy may be attached initially, but a full recorded copy must be presented at the default hearing.

□ 4B. (Applicable only in cases where at least one party has not answered movant’s claims) There is an unrecorded copy of the mortgage attached and I will present a full recorded copy at the default hearing; OR

Applies to

Mortgage

If an unrecorded mortgage copy is attached, a full recorded copy must be separately filed.

□ 4C. There is an unrecorded copy of the mortgage attached and I have separately filed a full recorded copy of the mortgage, OR

Applies to

Affidavit

An affidavit explaining the pleaded amount due must be filed.

□ 5B. I have filed an affidavit that explains the pleaded amount due; OR

Applies to

Affidavit

In cases where at least one party has not answered the movant’s claims, an affidavit explaining the pleaded amount due must be filed and submitted at the default hearing.

□ 5C. (Applicable only in cases where at least one party has not answered movant’s claims) I will file an affidavit that explains the pleaded amount due and submit it at the default hearing.

A default-judgment motion must be supported by the fact that any minor or incompetent party has answered the movant’s claims, unless the alternative guardian-ad-litem condition applies.

□ 7B. Any minor or incompetent party has answered movant’s claims; OR

A Guardian Ad Litem must have been appointed for any minor or incompetent party.

□ 7C. A Guardian Ad Litem has been appointed for any minor or incompetent party.

For an answered default-judgment matter, the file must show that the judgment seeker is the current holder of the note, mortgage, and any loan modification, and is identified as their holder of record in the complaint or cross-claim.

□ 8A. With regard to the party seeking judgment: □ 1. That the party seeking judgment as named in the complaint or cross-claim is the holder of the note, holder of the loan modification, if any and the holder of record of the mortgage; AND □ 2. Proof that the party seeking judgment is the current holder of the note is in the file; AND □ 3. Proof that the party seeking judgment is the current record holder of the mortgage is in the file; AND □ 4. Proof that the party seeking judgment is the current holder of the loan modification, if any, is in the file; OR

In a default matter where at least one party has not answered the claims, proof of the judgment seeker’s current note, loan-modification, and mortgage holdings must be submitted at the default hearing.

□ 8B. (Applicable only in cases where at least one party has not answered movant’s claims) Proof that the party seeking judgment is the current holder of the note, the current holder of the loan modification, if any, and the record holder of the mortgage will be submitted at the default hearing.

A properly supported motion to substitute the plaintiff or defendant must be filed.

□ 8C. I have filed a properly supported motion to substitute plaintiff/defendant; OR

An endorsement correcting deficiencies in the title work must be filed.

□ 9B. I have filed an endorsement to the title work to correct any deficiencies; OR

In a default matter where at least one party has not answered the claims, an endorsement correcting title-work deficiencies must be filed and presented at the default hearing.

□ 9C. (Applicable only in cases where at least one party has not answered movant’s claims) I will file an endorsement to the title work to correct any deficiencies and present it at the default hearing;

Final judicial reports must be filed and satisfy specified date, lis-pendens, parcel-number, address, lien-debtor-and-creditor, signature, and prior-case-disposition requirements, or the deficiencies must be corrected by an endorsement, amended final report, or supplemental final report.

□ 10A. Any final judicial reports; □ 1. Have been filed; AND □ 2. Have a start date that matches the previous report’s end date; AND □ 3. Cover the lis pendens date; AND □ 4. Consistently and correctly identify the permanent parcel number of the subject property; AND □ 5. Consistently and correctly identify the address of the subject property; AND □ 6. List debtors and creditors for each judgment lien; AND □ 7. Have been signed by an appropriate officer of the title company; AND □ 8. Show the final disposition of any cases other than the present case that appear on earlier title reports unless those earlier title reports show the final disposition of said cases; OR

To correct deficiencies in the title work or final judicial reports, the movant must file an endorsement, amended final judicial report, or supplemental final judicial report.

□ 10B. I have filed an endorsement to the title work, have filed amended final judicial reports, or have filed supplemental final judicial reports to correct any deficiencies; OR

In a default matter where at least one party has not answered the claims, any endorsement, amended final judicial report, or supplemental final judicial report correcting deficiencies must be presented at the default hearing.

□ 10C. (Applicable only in cases where at least one party has not answered movant’s claims) I will file an endorsement to the title work, have filed amended final judicial reports, or have filed supplemental final judicial reports to correct any deficiencies and present them at the default hearing;

A properly supported summary-judgment motion addressing all the client’s claims must be filed, or the contested claims must otherwise be litigated.

□ 12B. I have filed a properly supported motion for summary judgment that addresses all of my client’s claims or the contested claims are being otherwise litigated;

Applies to

Proof of bankruptcy closure

For a Chapter 7 or 13 bankruptcy that has been filed and closed, proof of closure must be filed in the case or, in cases where at least one party has not answered the movant’s claims, presented at the default hearing.

14B. A Chapter 7 or 13 bankruptcy has been filed and closed; AND proof that the bankruptcy has been closed either □ has been filed in this case; or □ (applicable only in cases where at least one party has not answered movant’s claims) will be presented at the default hearing;

Applies to

Service members affidavit

In cases where at least one party has not answered the movant’s claims, the required affidavit complying with 50 U.S.C. Appendix Section 521 must be filed and submitted at the default hearing for parties who have not appeared and are capable of military service.

17B. (Applicable only in cases where at least one party has not answered movant’s claims) For all parties who have not entered an appearance and are capable of 69 ===== PAGE 70 ===== serving in the United States Armed Forces I will file an affidavit that complies with 50 U.S.C. Appx. Section 521 (the Service members’ Civil Relief Act) and submit it at the default hearing;

Applies to

Sheriffs sale proceeding

Parties must comply with Greene County Local Rule 2.15 before a Sheriff’s real-estate sale.

Prior to a Sheriff’s sale of real estate, parties must comply with Greene Co. Local Rule 2.15.

Applies to

Certificate of service

Must include

certificate of service

At least 14 days before the scheduled sale, the requesting party or counsel must file a Certificate of Service of Notice of Sale Date with the Clerk containing specified service information, names, and addresses.

Not less than 14 days prior to the scheduled sale date, the party requesting the sale or the party’s counsel shall file with the Clerk a Certificate of Service of Notice of Sale Date specifying the date and manner of service of the notice required in Subsection (C) of this Rule, the names and addresses of all record owner(s) and interested parties or counsel of record for the record owner(s), and interested parties who were sent the notice.

Applies to

Sale cancellation filing

When an ordered Sheriff’s real-estate sale is canceled because of bankruptcy or another reason, the canceling party or counsel must file the filed bankruptcy petition or a cancellation entry.

In every action in any division of the Common Pleas Court of Greene County, Ohio, wherein a judicial sale of real estate by the Sheriff that has been ordered is to be canceled due to a filed bankruptcy petition or for any other reason, the party canceling the sale or the party’s counsel shall file a copy of the filed bankruptcy petition or an entry canceling the sale.

Applies to

Motion for private selling officer

A motion requesting authorization of a Private Selling Officer must state the proposed officer's name, address, email address, telephone number, and facsimile number.

Such motion shall state: a. the name, address, email address, telephone and facsimile numbers of the proposed PSO;

Applies to

Motion for private selling officer

A motion requesting authorization of a Private Selling Officer must state that the proposed officer is an Ohio resident.

b. that the proposed PSO is an Ohio resident; and

Applies to

Motion for private selling officer

A motion requesting authorization of a Private Selling Officer must state that the proposed officer is licensed as both an auctioneer and a real-estate broker or salesperson under Ohio law.

c. that the proposed PSO is licensed as both an auctioneer and as a real estate broker or real estate salesperson under Ohio law.

Applies to

Writ for appraisal and sale orders

After authorizing and selecting a Private Selling Officer sale, the judgment creditor must file a writ requesting both an appraisal order directing the County Sheriff and a sale order directing the Private Selling Officer.

If the Court authorizes a PSO sale and the judgment creditor chooses such a sale, the judgment creditor must file with the Clerk of Court a writ requesting the issuance of an order of appraisal to the County Sheriff and an order of sale to the Private Selling Officer.

Applies to

Motion

A motion for appointment of a receiver must stipulate the date of the hearing.

a. The date for a hearing on the appointment of a receiver shall be stipulated in the motion;

Applies to

Receiver consent filing

A defendant consenting to receiver appointment must file a verified statement of current assets and liabilities and a written consent statement with the Clerk of Courts.

Whenever a defendant consents to the appointment of a receiver, the defendant shall file the following with the Clerk of Courts: 1. A verified statement of all current assets and liabilities; and 2. A written statement of consent to the appointment.

Applies to

Receiver oath and bond

Before performing receiver duties, the receiver must take the oath and execute a bond with approved surety in the amount directed by the Court or judge.

Before a receiver appointed by the Court performs any duties, the receiver must be sworn to perform the duties faithfully, and the receiver must, with surety approved by the Court, judge, or clerk, execute a bond to the person and in a sum as the Court or judge directs, to the effect that the receiver will faithfully discharge the duties of the receiver in the action and obey the orders of the Court.

Applies to

Receiver inventory

Within 30 days after appointment, a receiver must file an inventory with the Clerk of Courts and deliver a copy to the assigned judge unless the Court orders otherwise.

Within thirty (30) days after the date of their appointment, all receivers shall: a. File an inventory with the Clerk of Courts and deliver a copy to the assigned judge unless otherwise ordered by the Court;

Applies to

Receiver claims list

Within 30 days after appointment, receivers must provide written notice to all public authorities with claims and, after the claims period, file the claims list with the Clerk of Courts and deliver a copy to the assigned judge.

Within thirty (30) days after the date of their appointment, all receivers shall: ... c. Provide written notification to all public authorities which have claims against the receivership; and d. File a list of all claims with the Clerk of Courts after the specified time for filing and deliver a copy to the assigned judge.

Applies to

Receiver operating statement

A receiver authorized to operate a business must file the required operating statements with the Clerk of Courts and deliver a copy to the assigned judge 30 days after authorization and monthly thereafter.

All receivers who, upon application, are permitted to operate a business as a going concern shall file the following with the Clerk of Courts and deliver a copy to the assigned judge thirty (30) days after the application is granted and monthly thereafter:

Applies to

Receiver final account

Within 30 days after completing receiver duties, the receiver must file a final account with appropriate records, receipts, and/or vouchers, and the appointing judge must approve the account.

Within thirty (30) days after their duties are completed, all receivers shall file a final account and appropriate records, receipts, and/or vouchers. All accounts must be approved by the judge who appointed the receiver.

Applies to

Receiver appointment motion

Before appointing a receiver in a real estate foreclosure case, the required grounds and supporting facts must be demonstrated by affidavit, evidence, or counsel’s representation.

B. Before any receiver is appointed in a real estate foreclosure case the following must be demonstrated by affidavit, evidence or representation of counsel:

Applies to

Mediation case summary

Trial counsel must complete and submit a mediation case summary to the Court Mediator and opposing counsel at least seven days before the mediation, include the specified topics, and not file it with the Clerk of Courts.

In preparation for the initial mediation conference, trial counsel shall complete a mediation case summary and submit it to the Court Mediator and opposing counsel at least seven (7) days prior to the scheduled mediation; however, it should not be filed with Clerk of Courts. The mediation case summary should include the following items: material facts; legal issues; damages; prior settlement discussions; position of the parties; and insurance coverage information.

Applies to

Notice of appearance

Every appointed or retained criminal-defense attorney must file a Notice of Appearance with the Clerk of Courts within 48 hours, stating counsel’s full name, current business address, telephone number, facsimile number, and email address.

Each attorney who is appointed or retained as counsel in any criminal case, including each member of the Greene County Public Defender’s office, shall file with the Clerk of Courts a Notice of Appearance within forty-eight (48) hours after appointment or being retained. The Notice of Appearance shall set forth counsel’s full name, current business address, telephone number, facsimile number, and email address.

Applies to

Pretrial report

All attorneys must fully complete, sign, and return the Court's written pretrial report, and counsel should retain a copy for the file.

C. The attorneys shall fully complete a written pretrial report provided by the Court. This must be signed by all attorneys and returned to the Court. Counsel should retain a copy of the report for their file.

Applies to

Expert funding request motion

Must include

proposed order

Appointed counsel must request court approval for an expert or investigator by motion and proposed entry, noting compliance with the rule and stating the amount authorized for payment.

Second, counsel shall present this request to the Court by motion and proposed entry, noting that this rule has been followed and indicating the amount authorized to be paid.

Applies to

Documents requiring service or notice

A document requiring service or notice upon filing must include the plaintiffs’ and defendants’ addresses in the caption or state that those addresses are unknown.

Documents requiring service or notice upon filing shall: 1. Include the addresses of the plaintiffs and defendants in the caption of the document; or 2. Indicate that the address of the plaintiffs and defendants are unknown if such addresses are, in fact, unknown.

Applies to

All documents filed by attorneys

Every attorney must include the attorney registration number issued by the Supreme Court of Ohio on all documents filed with the Court.

All attorneys shall include their attorney registration number issued by the Supreme Court of Ohio on all documents filed with the Court.

Applies to

Documents requiring service or notice

Documents requiring service or notice must include counsel’s facsimile number, if counsel has one, and counsel’s email address.

All documents requiring service or notice shall contain counsel's facsimile numbers (if counsel has a facsimile number) and email address.

Applies to

Notice of filing of attachments

When attachments cannot be incorporated into a Word document, they may be submitted as a separate PDF document with the motion and proposed order, using a specified notice title, a case-identifying cover page, and language incorporating the attachments by reference.

Submitters who have need to file attachments to proposed entries and are unable to incorporate those attachments into a Word document will have the ability to submit PDF attachments in a separate document within the same filing. This document shall be entitled “Notice of Filing of Attachments to [Name of Entry]” and shall be filed concurrently with the motion and proposed order/entry. The first page of this document shall be a cover page with caption identifying the case. Any proposed order/entry requiring attachments shall include language that incorporates the attachments into the order/entry by reference.

Applies to

Request to record

Must include

local rule certificate

A request to record court proceedings must include a certification that the requester is familiar with the applicable recording rules.

I certify that I am familiar with the contents of Rule 1.16 of the Rules of Practice and Procedure for the Greene County Court of Common Pleas and Rule 12 of the Rules of Superintendence for the Courts of Ohio.

Applies to

Primary counsel designation

A designation of primary counsel is required when a class, joined parties, or a party has more than one attorney of record.

A designation of primary counsel shall be filed in the following types of actions: a. A class of litigants represented by more than one (1) attorney of record; or b. Parties who are joined in an action and represented by more than one (1) attorney of record; or c. A party which is represented by more than one (1) attorney of record.

Applies to

Subsequent pleadings and papers

Must include

case number

Subsequent pleadings and papers must specify the case number, judge information, and filing attorney’s identifying and contact information, with fax and email included if available.

All pleadings and other papers filed subsequent to the initial pleading shall specify: 1. The case number; 2. The name of the judge who was assigned to the case or the name of the judge who heard the case and the magistrate, if applicable; 3. The name, address and telephone number of the attorney who is making the filing and the attorney’s registration number. The attorney’s facsimile number and email address should also be included, if available;

Applies to

Subsequent pleadings and papers

Subsequent pleadings and papers must identify the name, address, and telephone number of each pro se litigant.

The name, address and telephone number of each pro se litigant.

Applies to

Motion for leave to file longer memorandum

A party seeking to exceed the memorandum page limit must file a motion stating the unusual circumstances requiring a longer memorandum.

Application for leave to file a longer memorandum shall be by motion specifying the unusual circumstances which necessitate the filing of a memorandum that exceeds the limits imposed by this rule.

Applies to

Motion in limine

Failure to timely file the required motion in limine waives the right to challenge the identified expert witness's qualifications at trial.

A party’s failure to file a Motion in Limine, in accordance with this rule, challenging the qualifications and/or anticipated testimony of the expert witness(es) properly identified by another party, shall constitute a waiver of the right to challenge the qualifications of the expert witness(es) at trial.

Applies to

Witness list

The Court expects a written witness list conforming to Criminal Rule 16 to be provided to opposing counsel before, during, or immediately after the final pretrial.

E. The Court expects that a written witness list will be provided to opposing counsel before, during or immediately after the final pretrial. Information provided will be in accordance to Criminal Rule 16.

Applies to

Motion in limine

Before trial, the court may permit a motion in limine when an expert's qualifications or expected testimony were inadequately described, or in other cases at the court's discretion.

In cases where a party has not sufficiently described the qualifications of an expert witness expected to testify at trial, or has not provided an adequate summary of the expert witness’ expected testimony, or in other cases at the discretion of the Court, the Court may allow a Motion in Limine to be filed before trial.

The claim must not involve a promissory note, loan modification, or mortgage for this checklist condition to apply.

□ 8D. My claim does not involve a promissory note, loan modification, or mortgage.

No defendant may have contested the complaint allegations for this default-judgment condition to apply.

□ 12A. No defendants have contested the allegations of the complaint; OR