Hardin County Court of Common Pleas, General & Domestic Relations Divisions Document Filing Requirements

CRITICALCivil cases

Applies to

Preliminary judicial report

Counsel for the party requesting marshaling, foreclosure, or judicial sale must prepare and file a preliminary judicial report with the Clerk of Courts.

In action for the marshaling and foreclosure of liens, and the judicial sale of real estate, or any action involving title to real estate, counsel for the party requesting such marshaling, foreclosure and/or judicial sale of real estate shall prepare and file with the Clerk of Courts a preliminary judicial report.

CRITICALCivil cases

Applies to

Pleading

When a judicial sale is contemplated, the requesting party or its attorney must endorse the specified ownership-and-parties certification on the pleading and identify any interested party not named.

In every action wherein a judicial sale of real estate is contemplated by the complaint or subsequent pleadings, the party praying for said sale or the attorney for the party praying for said sale shall endorse thereon the following certification: “The undersigned hereby certifies to the Common Pleas Court that an examination of the public records of Hardin County, Ohio, has been made to determine the ownership of the subject real estate and all parties who may claim an interest therein, and that, in the opinion of the undersigned, all parties have been named as parties to this action,” stating as exceptions any interested party not so named.

CRITICALCivil cases

Applies to

Certification

When a decree orders a real-estate sale, the requesting party or attorney must provide the specified updated title certification, identify applicable exceptions, and certify that necessary parties have been served and are before the Court.

Upon any decree subsequently issued which orders the sale of real estate, the party or attorney having requested said sale shall further certify: “the undersigned hereby certifies to the Common Pleas Court that the examination of title to the subject real estate has been extended to , to determine if any parties have acquired any interest therein subsequent to said previous examination and said examination discloses that, in the opinion of the undersigned, there are no such parties except parties to whom the doctrine of lis pendens applies,” also stating as further exceptions any such party not subject to lis pendens. Such certification shall also advise the Court that all necessary parties have been properly served and are before the Court.

CRITICALCivil cases

Applies to

Proposed judgment entry

A proposed foreclosure judgment entry or order of sale must include the specified language governing access to the property for appraisal.

Any proposed Judgment Entry of Foreclosure/Order of Sale of real estate shall contain the following language relating to access to the subject property: “It shall be the responsibility of the attorney for the party who is prosecuting this foreclosure action to provide a key to the premises or to make other suitable arrangements with the Hardin County Sheriff’s Department for access to the property for appraisal purposes. The Court hereby ORDERS, ADJUDGES AND DECREES that the party who is prosecuting this foreclosure action and the Hardin County Sheriff’s Department should be and they hereby are authorized to use all reasonable means necessary or appropriate to gain access to the property for appraisal purposes, including but not limited to the retention of a locksmith. Expenses for gaining access to the property shall be taxed as costs.”

CRITICALCivil cases

Applies to

Order of sale

An order of sale must state a full legal description or property address and summary, permanent parcel number(s), amount due, interest due, and the date through which interest will accrue.

Said Orders shall be typed by the attorney requesting the sale and filed with the Clerk, which Order shall contain the following minimal information: full legal description or the full property address and a summary of the property description which includes information on where to obtain the full legal description, with the permanent parcel number(s), amount due, interest due and date to which interest will continue to accrue.

CRITICALCivil cases

Applies to

Order of sale

An order of sale must be accompanied by the Hardin County Sheriff’s Property Description Approval Form.

Said order of sale shall also be accompanied by the Hardin County Sheriff’s Property Description Approval Form.

CRITICALCivil cases

Applies to

Appraisal report

Appraisers must submit their findings using an appraisal report prescribed by the Court.

Upon completion of the appraisal as required by law, the appraisers shall submit their findings on an appraisal report prescribed by the Court.

CRITICALCivil cases

Applies to

Appraisal report

The Sheriff shall cause the original of such report to be filed with the Court with a copy to be retained by the Sheriff.

The Sheriff shall cause the original of such report to be filed with the Court with a copy to be retained by the Sheriff.

CRITICALCivil cases

Applies to

Judgment entry confirming sale ordering deed and distribution of sale proceeds

The judgment entry must provide for the sheriff to pay the conveyance fee from the sale deposit at the stated rates.

Q. The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall include payment of the conveyance fee by the sheriff to the Hardin County Auditor to be paid from the sale deposit at the customary rate of $4.00 per/thousand dollars of the sale price and $.50 for each parcel.

CRITICALCivil cases

Applies to

Judgment entry confirming sale ordering deed and distribution of sale proceeds

The judgment entry must provide for payment from the sale proceeds of taxes, penalties, and assessments accrued through the date the confirmation entry is filed, with current-year amounts permitted to be estimated using current tax figures.

R. The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall include payment for real estate taxes, penalties and assessments accrued and payable up to the date of the confirmation entry, which amount can be an estimated amount for the current tax year as calculated by reference to the current tax figures. In other words, taxes, etc. are payable from the proceeds of sale up to, and including, the date on which the confirmation entry is filed.

CRITICALCivil cases

Applies to

Proposed confirmation order of distribution entry

Every proposed Confirmation/Order of Distribution Entry must contain the specified certification.

S. Any proposed Confirmation/Order of Distribution Entry shall contain the following certification: “The undersigned hereby certifies to the Common Pleas Court that all proceedings herein have been in accordance with all applicable law and statutes in such cases provided.”

CRITICALCivil cases

Applies to

Proposed findings conclusions

When a Rule 52 request is made, all parties must submit proposed findings and conclusions within Rule 52’s time limits.

When a request for Findings of Fact and Conclusions of Law is made pursuant to Rule 52 of the Civil Rules of Practice, the Court shall require any and all parties to submit their proposed Findings of Fact and Conclusions of Law. Such request shall be made pursuant to Rule 52 and within the time limitations noted thereon.

CRITICALCivil cases

Applies to

Oral argument request

Oral argument is waived unless requested in writing; the motion is submitted on the scheduled hearing date or a hearing continuance granted in writing by the Court.

Oral arguments shall be considered waived unless any party requests oral arguments in writing, and the motion shall be considered submitted on the date scheduled for the hearing or any continuance of the hearing granted in writing by the Court.

CRITICALCivil cases

Applies to

Memorandum

A memorandum accompanying a summary-judgment motion must identify the specific paragraphs, lines, and pages of evidence counsel asks the Court to consider.

In any memorandum accompanying such motion, counsel shall refer to specific paragraphs, lines, and pages of any pleading, interrogatories, affidavits, depositions or other documentary evidence which counsel wishes the court to consider.

CRITICALCivil cases

Applies to

Settlement journal entry

A settlement journal entry must identify which party will pay costs, and the Clerk will not file it until all costs are paid.

All journal entries settling cases shall state which party will pay the costs, and said entry will not be filed by the Clerk until all costs are paid.

CRITICAL

Applies to

Parentage complaint

The clerk will not accept a complaint seeking a determination of a parent-child relationship unless it is accompanied by the specified IV-D Application or an attorney certification of its submission to the agency; Child Support Enforcement Agency complaints are excepted.

The Clerk of this Court shall not accept any complaints, other than those filed by the Child Support Enforcement Agency, that request the determination of the existence or non-existence of a parent and child relationship unless the Complaint is accompanied by a "IV-D Application" as shown in Appendix C (see attached), prepared by the attorney or the party filing the Complaint, or an attorney certification that such has been sent to with the Hardin County Child Support Enforcement Agency.

CRITICAL

Applies to

Judgment entry

Attorneys must prepare a judgment entry based on the magistrate’s decision or the court’s order on objections.

Attorneys are required to prepare a Judgment Entry based upon the Magistrate's Decision or upon the Court's Order on objections.

CRITICAL

Applies to

Judgment entry

A judgment entry in a case handled by the magistrate must be approved by the magistrate before submission to the judge.

All Judgment Entries for cases being handled by the Magistrate must first be approved by the Magistrate before being submitted to the Judge.

CRITICAL

Applies to

Ex parte order

An ex parte order requires a court-determined emergency supported by affidavits, except reciprocal mutual restraining orders under Rule 31, which require no affidavits.

Unless an emergency situation exists, as determined by the Court, based upon supporting affidavits, no ex-parte orders will issue, except reciprocal, mutual restraining orders following the language in Rule 31, below, for which no affidavits are necessary.

CRITICAL

Applies to

Parenting seminar attendance certificate

When Parenting Seminar attendance is ordered, the attendance certificate must be filed by the final pretrial date.

D. If attendance at the Parenting Seminar is ordered, the attendance certificate must be filed by the date of the final Pre-Trial.

CRITICAL

Applies to

Post decree motion

A post-decree motion must quote the original order, state the requested change and the movant’s complete and accurate reasons or basis, and cite pertinent Ohio Revised Code sections; omission may result in dismissal.

Post decree motions shall contain the exact language of the original order sought to be changed, the change requested, and a complete and accurate statement of the movant's reasons and/or basis for change, as well as a citation to pertinent Ohio Revised Code Sections. Failure to supply this information may result in the motion being dismissed.

CRITICAL

Applies to

Motion to invoke continuing jurisdiction

Motions invoking continuing jurisdiction in post-paternity and related matters must be written and filed in the original action, with movant-provided Clerk instructions for serving notice on all parties under Civil Rules 4 through 4.6.

All motions to invoke the continuing jurisdiction of the Court in all post-paternity matter and other matters relating thereto, such as parental rights and responsibilities, shall be made by written motion filed in the original action. Said motions shall be accompanied by instructions to the Clerk for service of notice on all parties as set forth in Civ. R. 4 through 4.6, incl. by the movant.

CRITICAL

Applies to

Motion requesting contempt citation

A motion requesting a contempt citation must state its basis, including the alleged contemnor’s conduct and the order allegedly violated.

1. Specifically state the basis for the contempt citation, including the alleged contemnor's conduct and the order alleged to have been violated.

CRITICAL

Applies to

Motion requesting contempt citation

A contempt-citation motion must contain notice of hearing and, after filing, be submitted to the assignment commissioner for scheduling.

2. Contain notice of hearing and after filing shall be submitted to the assignment commissioner for scheduling.

CRITICAL

Applies to

Motion requesting contempt citation

A motion requesting a contempt citation must include the specified warning and notice language verbatim.

3. Include the following language: FAILURE TO APPEAR MAY RESULT IN THE ISSUANCE OF AN ORDER OF ARREST AND IN THE ISSUANCE OF AN ORDER FOR PAYMENT OF SUPPORT BY WITHHOLDING AN AMOUNT FROM YOUR PERSONAL EARNINGS OR BY WITHHOLDING OR DEDUCTION AN AMOUNT FROM SOME OTHER ASSET YOU MAY OWN. YOU HAVE THE RIGHT TO COUNSEL AND IF YOU BELIEVE YOU ARE INDIGENT YOU MAY APPLY FOR COURT APPOINTED COUNSEL WITHIN THREE (3) BUSINESS DAYS AFTER YOUR RECEIPT OF THIS SUMMONS. THE COURT MAY REFUSE TO GRANT A CONTINUANCE AT THE TIME OF THE HEARING FOR THE PURPOSE OF YOUR OBTAINING COUNSEL, IF YOU FAIL TO MAKE A GOOD FAITH EFFORT TO RETAIN COUNSEL PRIOR TO THE HEARING. IF YOU ARE FOUND GUILTY OF CONTEMPT, THE COURT MAY IMPOSE ANY OF THE FOLLOWING PENALTIES (Ohio Revised Code Section 2705.05 (A): (1) FOR A FIRST OFFENSE, A FINE OF NOT MORE THAN $250.00, A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 30 DAYS IN JAIL, OR BOTH; (2) FOR A SECOND OFFENSE, A FINE OR NOT MORE THAN $500.00, A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 60 DAYS IN JAIL, OR BOTH; (3) FOR A THIRD OR SUBSEQUENT OFFENSE, A FINE OF NOT MORE THAN $1,000.00, A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 90 DAYS IN JAIL, OR BOTH.

CRITICAL

Applies to

Judgment entry

Judgment entries in paternity matters and related matters must include the specified signatures and magistrate recommendation and approval, and must recite waiver of the magistrate’s decision when appropriate.

A. All judgment entries in this Court in paternity matters or other matters relating thereto shall contain the approval of the judgment entry by signature of both parties and/or their attorneys and a recommendation and approval of such judgment entry by the magistrate. In addition thereto such judgment entry shall recite the waiver of such decision by the magistrate, when appropriate.

CRITICAL

Applies to

Judgment entry

Judgment entries must dispose of all matters requested in the proceedings, including costs, interest, and attorney fees when applicable.

B. Judgment entries shall dispose of all matters prayed for in the proceedings including, costs, interest, and attorney fees, if applicable.

CRITICAL

Applies to

Child support judgment entry

A judgment entry initiating child support must include or attach applicable orders under Ohio Revised Code Section 3121.01 et seq., using Appendix D wording when applicable.

C. Judgment entries which initiate child support shall include or have attached thereto: 1. The Orders, as applicable, which are contained in Section 3121.01 et seq. of the Ohio Revised Code. The wording contained in Appendix D should be used, if applicable.

CRITICAL

Applies to

Child support judgment entry

A child-support-initiating judgment entry must include the applicable statutory requirements, including a monthly support obligation for all children rather than a weekly per-child order.

2. Requirements contained in Section 3121.28, 3121.51, 3121.52 and 3121.53 of the Ohio Revised Code, including the provisions that all support orders shall be in monthly support obligation for all children of the parties, rather than a weekly per child order.

CRITICAL

Applies to

Parental rights allocation order

All orders allocating parental rights and responsibilities must contain the specified provisions concerning the parties’ conduct, communication, school and health information, and the children’s religious practices.

D. The following language is required in all orders pertaining to the allocation of parental rights and responsibilities. 1. The plaintiff/defendant/petitioner will, in spite of his/her differences with the other party, discuss with him/her matters pertaining to the children's welfare, health and education, knowing full well that the general welfare of said children is of paramount importance. 2. Each of the parties shall encourage the children to respect, honor and love the other party, and neither party shall use the children to solve differences between themselves. 3. As residential parent, the plaintiff/defendant/petitioner shall: a. Take any necessary action with the school authorities of the schools in which the children are enrolled to: (1) List the other party as a parent of the child. (2) Authorize the school to release to the other party any and all information concerning the children. (3) Make sure that the other party receives copies of any notices regarding the children. b. Promptly transmit to the other party any information received concerning parent teacher meetings, school club meetings, school programs, athletic, etc. c. Promptly after receipt of same, furnish to the other party a photocopy of the children's grade report cards and copies of any other reports concerning the children's status or progress. d. Notify the other party of when to make appointments for parent-teacher conferences. e. Promptly inform the other party of any illness of the children which shall require medical attention. 4. Further, open and free communication between the children and the other party shall be encouraged and neither party shall do anything to impede or restrict communications by any method between the children and the other party. The communication between the children and the other party shall be kept confidential and shall not be opened or read by the party to whom the mail was not addressed. 5. Both parties shall refrain from criticizing the other parent in the presence of the children. Neither parent shall encourage the children to call anybody other than biological parent "Mom, Dad", or an equivalent. 6. Neither of the parties shall attempt to modify the religious practices of the children without first having consulted each other and the Court.

CRITICAL

Applies to

Final order

In matters involving children, the final order must include the required health insurance coverage order.

E. In all matters involving children, the requisite order regarding health insurance coverage shall be a part of the final order.

CRITICAL

Applies to

Judgment entry

Counsel must prepare and submit a judgment entry within 14 days after judgment, unless the Court allows more time, and opposing counsel must approve or reject it within 14 days of receipt.

Counsel for the party in whose favor a judgment is rendered, or who is directed to do so by the court, shall, within fourteen (14) days thereafter, unless further time be given by the Court, prepare and submit a judgment entry to opposing counsel who shall approve or reject same within fourteen (14) days after its receipt.

CRITICAL

Applies to

Judgment entry objection

All objections to such proposed judgment entry shall be in writing and may be answered in writing.

All objections to such proposed judgment entry shall be in writing and may be answered in writing.

CRITICAL

Applies to

Entry

When Rules 26 and 27 are ordered, the entry must include the rules or a certification identifying the version and confirming each party received an accurate copy; the certification must be signed by counsel, if any, and the party, while attaching the rules requires prior Court approval.

In each case in which Hardin County Common Pleas Court, General Division, Rules 26 and 27 is the order of the Court, there shall be, attached to the entry in which the order occurs, or a certification that each party has been provided with a true and accurate copy of the applicable parenting time rule, and which version of the rule is being used. The certification shall be signed by counsel for the party, if any, and by the party acknowledging receipt of the rule. (See Appendix G) Hardin County Common Pleas Court, General Division, Rules 26 and 27 may be attached to an entry with prior approval of the Court.

CRITICAL

Applies to

Exhibit

Must include

caption, judge name, case number

Each exhibit filed under the fax rule must include a cover sheet or filing notice with the specified case and exhibit information.

Any exhibit filed pursuant to this rule shall include a cover sheet or notice of the filing that contains the caption of the case, i.e. sets forth the name of the Court, title of the case, the case number, name of the Judge or Magistrate and the title of the exhibit being filed (e.g., Defendant's Smith's Notice of Filing Exhibit "G" to Motion to Dismiss).

CRITICAL

Applies to

Exhibit

The exhibit and its cover sheet must be signed and served under the rules governing pleadings in this Court.

The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Applies to

Fax filing

Must include

caption, case number

Each fax filing must be preceded by a cover page containing the listed case, filer, transmission, and document information.

Any fax copy filed shall conform to the Civil and Juvenile Rules and shall be preceded in transmission by a cover page, which includes the following information: a. Caption of the case b. Case number c. Assigned Judge/Magistrate d. Description of the document being filed e. Attorney name, address, Ohio Supreme Court registration number, telephone number and fax number f. Date and time of fax initiation g. Transmitting fax number h. Number of pages, including the cover page, being transmitted

CRITICAL

Applies to

Fax filing

A faxed document requiring a signature must include the source-document signature or use the specified /s/ notation and signer name.

Any document requiring a signature shall either contain the signature on the source document at the time of fax transmission or be submitted without the signature by the notation "/s/" followed by the name of the signing person where the signature appears in the signed source document.

CRITICAL

Applies to

Extraordinary fees motion

An extraordinary-fees request must be submitted as a written motion with supporting information and documentation.

6. Requests for extraordinary fees shall be made by written motion, and shall be filed with supporting information and documentation NO LATER THAN THIRTY (30) DAYS after the final disposition date as defined in paragraph 5 of this rule.

CRITICALCivil cases

Applies to

Petition for protection order forms

The requesting party must complete and notarize the protection-order forms before filing them with the Clerk of Courts.

The requesting party shall be required to fill out the forms, have same notarized and file them with the Clerk of Courts prior to 2:30 p.m. daily.

CRITICALCivil cases

Applies to

Petition for dissolution

A petition for dissolution must be filed with the listed documents, including applicable support and IV-D materials.

All petitions for dissolution shall be commenced by the filing of the following document(s): 1. Petition with separation agreement. 2. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio, 3. Support worksheet, if applicable. 4. IV-D application, if applicable, with proof of filing with Child Support Enforcement Agency, hereinafter CSEA. 5. Case designation sheet. (See Appendix A)

CRITICALCivil cases

Applies to

Divorce complaint

A divorce complaint must be filed with the listed documents, including applicable support and IV-D materials and temporary-order papers if requested.

All complaints for divorce shall be commenced by the filing of the following document(s): 1. Complaint, 2. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio, 3. Support worksheet, if applicable, 4. IV-D application, if applicable, with proof of filing with CSEA 5. Motion for temporary orders, if requested and notice of hearing. 6. Case designation sheet. (See Appendix A)

CRITICALCivil cases

Applies to

Answer or counterclaim

Answers and counterclaims must be filed with the listed accompanying documents, subject to the stated conditions.

All answers and counterclaims shall be filed with accompanying document(s): 1. Answer and/or counterclaim, 2. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio, 3. Support worksheet, if plaintiff’s is incorrect, 4. Motions for temporary orders, if not requested by plaintiff, and notice of hearing, 5. IV-D application, if not filed by plaintiff, with proof of filing with CSEA.

CRITICALCivil cases

Applies to

Pretrial memorandum

A pretrial memorandum in a contested matter must include a case summary, witness list and expected testimony, proposed property settlement, whether custody and spousal support are issues and why, required discovery, and anticipated trial time.

In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed, with a courtesy copy to the Judge or Magistrate assigned to hear the case no later than seven (7) days prior to the date set for final pretrial conference and shall include the following. 1. A brief summary of the case. 2. A list of witnesses and what they will testify to. 3. A proposed property settlement. 4. Whether custody and spousal support are issues and why. 5. Discovery required. 6. The anticipated trial time required.

CRITICALCivil cases

Applies to

Pretrial brief

A final pretrial will be scheduled within thirty (30) days prior to the date set for final trial, or hearing, at which time the pretrial brief shall be filed in accordance with Rule these rules.

A final pretrial will be scheduled within thirty (30) days prior to the date set for final trial, or hearing, at which time the pretrial brief shall be filed in accordance with Rule these rules.

CRITICALCivil cases

Applies to

Stipulation

Stipulations and private agreements about case management made outside open court must be written and signed by the parties to be recognized.

Stipulations and private agreements of counsel or parties concerning the progress or management of any matter, not made in open court, will not be recognized unless the same are reduced to writing and signed by the parties thereto.

CRITICALCivil cases

Applies to

Consent judgment entry

A consent judgment entry must be approved by all parties of record and their respective counsel before the Court will accept it.

The Court shall not accept a consent Judgment Entry unless the same is approved by all parties of record and their respective counsel.

CRITICALCivil cases

Applies to

Judgment entry

Judgment entries must include approval by both parties and/or their attorneys.

All judgment entries shall contain the approval of same by both parties and/or their attorneys.

CRITICALCivil cases

Applies to

Child support judgment entry

A child support judgment entry must include or have attached a child support worksheet and a copy of Domestic Relations Exhibit A.

All judgment entries of child support shall have included therein, or attached thereto, a child support worksheet and a copy of Domestic Relations Exhibit A.

CRITICALCivil cases

Applies to

Judgment incorporating separation agreement

A judgment incorporating a separation agreement must have the agreement or other incorporated document attached.

All judgments that include the incorporation of a separation agreement in the entry shall have attached a copy of the separation agreement or other document which is incorporated.

CRITICALCivil cases

Applies to

Judgment entry

Every judgment entry must dispose of court costs.

All judgment entries shall dispose of court costs.

CRITICALCivil cases

Applies to

Final decree

Temporary child and spousal support arrearages are deemed waived unless reserved in the final decree.

TEMPORARY CHILD AND SPOUSAL SUPPORT ARREARAGE SHALL BE DEEMED WAIVED UNLESS IT IS RESERVED IN THE FINAL DECREE.

CRITICALCivil cases

Applies to

Rejected judgment entry

If opposing counsel rejects the entry, that counsel must prepare an entry reflecting the objections and submit it to prevailing counsel and the Court with the rejected entry.

If opposing counsel rejects the entry, he/she shall prepare an entry in accordance with his objections and submit it to prevailing counsel and the Court together with the rejected entry.

CRITICALCivil cases

Applies to

Post decree modification motion

Motions to modify child support, spousal support, parenting time, or allocation of parental rights and responsibilities must be commenced with the listed filings, including a support worksheet when both parties’ income figures are readily available or reasonably ascertainable.

All motions for modification for child support, spousal support, parenting time and allocation of parental rights and responsibilities shall be commenced by the filing of the following document(s): 1. Motion. 2. Memorandum or affidavit in support. 3. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio 4. Support worksheet, if both parties income figures are readily available, or reasonably ascertainable.

CRITICALCivil cases

Applies to

Filed document

Each attorney must include the Supreme Court-issued attorney or pro hac vice registration number on every document filed with the court.

Each attorney shall include the attorney or pro hac vice registration number issued by the Supreme Court on any document filed with the court.

CRITICALCivil cases

Applies to

Motion for continuance

Must include

proposed order

A proposed entry of continuance must accompany the motion, but it may appear on the same page.

A proposed entry of continuance shall be submitted with the motion. (The entry may be on the same page as the motion.)

CRITICALCivil cases

Applies to

Court filing

All court filings must use the applicable standard probate form, except that a computer-generated form may be used subject to the cited rules.

The applicable standard probate form shall be used for all filings in this court, except that a computer-generated form may be used subject to the limitations of Sup. R. 51 and 52 and Local Rule 52.1.

CRITICALCivil cases

Applies to

Public record document

Public-record documents filed with the court may disclose only the last four digits of financial asset account numbers, and the filer must redact the rest.

All financial asset account numbers in any public record document filed in this court shall disclose only the last four digits of the account number. It is the responsibility of the person filing the document to redact the remaining digits of the account number.

CRITICALCivil cases

Applies to

Document

The filing party must redact social security and other personal identifying numbers before filing; clerks will not check for redaction.

To protect legitimate personal privacy interests, social security and other personal identifying numbers shall be redacted from documents as directed by these rules before the documents are filed with the probate court. The responsibility for redacting personal identifying numbers rests solely with the party who files the document. The clerks will not review the documents to confirm that personal identifying numbers have been excluded.

CRITICALCivil cases

Applies to

Motion

A motion set for oral argument must be filed simultaneously with an entry setting it for hearing.

Motions that are to be set for oral argument shall be accompanied simultaneously by an entry setting the motion for hearing.

CRITICALCivil cases

Applies to

Entry or order

Entries and orders submitted for approval must state the hearing date, the names of those present, and the motions or applications heard.

All entries and orders presented to the court for approval must include the date of the hearing, the names of those present, and the specific motion(s) or application heard by the court on that date.

CRITICALCivil cases

Applies to

Filing entry or order

Must include

certificate of service

A filing, entry, or order endorsed through telephone or electronic authorization must state the authorization date and include the authorizing attorney’s certificate that a copy was delivered to consenting counsel.

All filings, entries, and orders which bear an endorsement of counsel per telephone or electronic authorization shall state the date of said authorization and shall also contain a certificate of service by the attorney who obtained authorization that a copy of the filing, entry, or order has been delivered to the consenting counsel.

CRITICALCivil cases

Applies to

Non facsimile filing

All non-facsimile filings must contain original signatures.

All non-facsimile filings must contain original signatures.

CRITICALCivil cases

Applies to

Documents requiring fiduciary signature

Each fiduciary must sign every document requiring a fiduciary signature, including a fiduciary check.

In matters with multiple fiduciaries, the signature of each is required on all documents requiring a fiduciary’s signature including a fiduciary check.

CRITICALCivil cases

Applies to

Filing

A non-attorney may not sign on behalf of an attorney.

A non-attorney may not sign on behalf of an attorney.

CRITICALCivil cases

Applies to

Filing requiring fiduciary signature

An attorney for a fiduciary may not sign on the fiduciary’s behalf.

An attorney for the fiduciary may not sign for the fiduciary.

CRITICALCivil cases

Applies to

Proposed entry

Must include

certificate of service

Any party that submits a proposed entry to the court which is subject to Civ. R. 58(B) (notice of filing) as modified by Civ. R. 73(I) (notice of filing judgments) shall include a proposed certificate of service (for use by the clerk) which sets forth the names and addresses of all parties and other interested persons required to be served a copy of the entry if signed and filed by the judge.

Any party that submits a proposed entry to the court which is subject to Civ. R. 58(B) (notice of filing) as modified by Civ. R. 73(I) (notice of filing judgments) shall include a proposed certificate of service (for use by the clerk) which sets forth the names and addresses of all parties and other interested persons required to be served a copy of the entry if signed and filed by the judge.

CRITICALCivil cases

Applies to

Application to admit will or appoint fiduciary or relieve estate

Before filing the specified probate applications, the applicant or attorney must check the Index of Wills Deposited for a will deposited for safekeeping.

Before an application is filed to admit a will to probate, to appoint an estate fiduciary, or to relieve an estate from administration, the applicant or the applicant’s attorney shall examine the “Index of Wills Deposited” to determine if a will of the decedent has been deposited with the court for safekeeping.

CRITICALCivil cases

Applies to

Account

Accounts must use the specified standard probate forms and include evidence that the itemized statements balance.

Accounts of executors, administrators, guardians, and trustees, including corporate trustees shall be submitted on standard probate forms 13.0 through 13.3 and 15.8 Evidence that the itemized statements actually balance shall accompany the account (adding machine tapes or the equivalent).

CRITICALCivil cases

Applies to

Guardian appointment

Court-appointed guardians must submit information showing compliance with applicable qualification requirements and, if admitted to practice law, a background check or certificate of good standing before appointment.

All Guardians appointed by the Court shall submit to the court information documenting compliance with the guardian qualifications pursuant to Sup. R. 66.06 or 66.07, as applicable. In addition, each Guardian shall submit a background check or certificate of good standing prior to appointment if admitted to the practice of law.

CRITICALCivil cases

Applies to

Annual report

Each guardian must file an annual report containing the information required by the Court.

Each guardian shall file an annual report with the Court containing the information required by the Court.

CRITICALCivil cases

Applies to

Residential placement change application

A guardian must obtain Court approval before changing a ward’s residential placement, and the application must state the reason and any health-care-provider recommendation for relocation.

No guardian shall change the residential placement of a ward without prior application to and approval of the Court. The application shall state the reason for relocating the ward and any recommendation for relocation made by health care providers.

CRITICALCivil cases

Applies to

Ex parte emergency guardianship application

An ex parte emergency guardianship application must include the listed evaluation, next-of-kin form, signed risk narrative, background-check and credibility compliance, and applicant photo identification.

Every application for the appointment of an ex parte emergency guardianship shall be accompanied by: (1) A statement of Expert Evaluation; (2) A completed Next of Kin form; (3) A narrative statement signed by the applicant setting forth information describing the imminent risk of significant injury to the person or property of the minor or incompetent that justifies an ex parte emergency appointment; (4) Compliance with the Court’s requirement with respect to background checks and credibility; and (5) Photo identification of the applicant.

CRITICALCivil cases

Applies to

Emergency guardianship hearing

The applicant must attend the required 72-hour hearing on whether to extend the emergency guardianship.

The applicant shall attend the required 72-hour hearing to determine whether to extend the emergency guardianship.

CRITICALCivil cases

Applies to

Complaint

Electronically submitted complaints must include complainant verification information or they will be treated as anonymous.

All electronically submitted complaints must include verification information for the complainant. Failure to provide the same will result in the complaint being treated as anonymous.

CRITICALCivil cases

Applies to

Annual registration

A guardian with ten or more wards must file an annual document with the Court by January 31 listing the wards, case numbers, and appointing courts.

To assist the Court in meeting its supervisory responsibilities under Sup.R. 66.05(B) and in satisfaction of the responsibilities arising under Sup.R. 66.08(H) by January 31 of each year, a guardian with ten or more wards through the probate court shall file with this Court a document that includes a listing of the guardian’s wards, the case number and the appointing Court.

CRITICALCivil cases

Applies to

Annual registration

A guardian seeking compensation from the guardianship or the Court must include with the annual registration a fee schedule distinguishing guardianship-service fees from legal fees and other direct services.

If the guardian will be seeking compensation from the guardianship or from the Court, the guardian shall accompany the annual registration with a fee schedule that differentiates guardianship services fees as established by local rule from legal fees or other direct services.

CRITICALCivil cases

Applies to

Guardian report

A guardian with ten or more wards must include with the Guardian’s Report form a statement about any known circumstances that may disqualify the guardian from continuing to serve.

A guardian with 10 or more wards shall include with the Guardian’s Report form, a statement indicating whether the guardian is aware of any circumstances that may disqualify the guardian from continuing to serve as guardian.

CRITICALCivil cases

Applies to

Settlement application

For a minor’s claim involving a structured settlement, the proposed settlement must be reviewed with the Court before the application is filed, and the application must state the defendant’s total actual settlement cost.

A) If the settlement of a minor’s claim involves a structured settlement, the proposed structured settlement shall be reviewed with the court before the application for settlement is filed. The application shall also include a statement of the total actual cost to the defendant of the settlement. This statement shall be used to fix and determine attorney fees.

CRITICALCivil cases

Applies to

Injury claim settlement application

An injury-claim settlement application must include a current examining physician’s statement addressing the injury, recovery, and permanency.

The application for settlement of any injury claim shall be accompanied by a current statement of an examining physician that lists the extent of the ward’s injury, the extent of any recovery, and the physician’s opinion on the permanency of any injuries.

CRITICALCivil cases

Applies to

Injury claim settlement application

The injury-claim settlement application must set forth all counsel fees.

All counsel fees shall be set forth in the application.

CRITICALCivil cases

Applies to

Injury claim settlement application

If settlement will result in payments to other parties, the application must itemize those payments.

If the settlement of this claim will result in any payments to other parties, these payments shall be itemized on the application.

CRITICALCivil cases

Applies to

Motion

In proceedings other than land sale proceedings, a motion to determine the guardian ad litem fee must be supported by a statement of services.

In all other proceedings, the amount of the guardian ad litem fee will be determined upon motion supported by a statement of services.

CRITICALCivil cases

Applies to

Pre placement application

Proposed adopting parents in private placement adoptions must file a court-prescribed pre-placement application at least 15 or 30 days before placement, as stated in the rule.

A) In private placement adoptions, a pre-placement application in a form prescribed by the court shall be filed by the proposed adopting parents not less than fifteen (15) days prior to placement if applicants are residents of Hardin County, Ohio, and not less than thirty (30) days prior to placement if applicants are residents of Hardin County, Ohio.

CRITICALCivil cases

Applies to

Adoption petition

If placement is approved, the adoption petition must be filed before the court issues a hospital release to the petitioners.

If the placement is approved, the adoption petition must be filed before the court will issue a hospital release for the release of the child to the petitioners.

CRITICALCivil cases

Applies to

Pro hac vice admission

An out-of-state attorney may be permitted to appear pro hac vice at the Probate Judge's discretion after filing the required oath, providing written certification of familiarity with specified rules, and associating Ohio-licensed co-counsel.

An attorney not licensed to practice law in the State of Ohio, but who is duly licensed to practice law in any other state or the District of Columbia, may, at the discretion of the Probate Judge, be permitted to represent a party or parties in any litigation pending or to be filed in this county after completion of all of the following conditions: 1) File a written oath substantially in compliance with Rule I, Section 8A of the Supreme Court Rules for the Government of the Bar; 2) The attorney must become familiar with Local Court Rules, Civil Rules, Rules of Evidence, and the Ohio Rules of Professional Conduct, [sic] and so certify this court in writing; 3) An attorney licensed to practice law in the State of Ohio, shall be co-counsel with the attorney admitted pro hac vice.

CRITICALCivil cases

Applies to

Waiver of citation

A written waiver of citation must acknowledge receipt of the description of the surviving spouse’s general rights.

A surviving spouse may waive the service of the citation required under section 2106.01(A) of the Revised Code by filing in the probate court a written waiver of the citation. The waiver shall include an acknowledgement of receipt of the description of the general rights of the surviving spouse required by division (B) of section 2107.02 of the Revised Code. Neither a waiver nor service of citation of rights will be required if the spouse has filed a written election.

CRITICALCivil cases

Applies to

Special needs trust

Special needs trusts approved by the court or funded with court approval must include the listed terms, subject to the stated exceptions for bond and annual accounts.

In addition to the requirement of Ohio R.C. 5111.151(F)(1), all special needs trusts approved by this court, or funded with court approval, must have the following terms: A) No expenditures may be made without prior court approval. B) Bond shall be posted unless all of the assets of the trust are in a custodial account under R.C. 2109.13, or the trustee is exempt from bond under R.C. 1111.21. C) The State of Ohio shall have all of the rights as a beneficiary of the trust. D) Annual accounts shall be filed unless all of the assets of the trust are in a custodial account under R.C. 2109.13. E) Distributions from the trust shall not discharge any duty of support owed to a beneficiary.

CRITICALCivil cases

Applies to

Accounting

Extraordinary-service fees must detail the time involved, the necessity of the services, and the accounting period for which the fees are sought.

NOTE: Fees for Extraordinary Services shall be computed detailing the time involved in rendering the service and the necessity of such services on the accounting period for which said extraordinary fees are sought.

CRITICAL

Applies to

Original pleading

Must include

case number

Original pleadings filed in the civil and domestic relations divisions must include a completed case designation form.

To assist in the proper designation and numbering of new cases, all original pleadings submitted for filing in the civil and domestic relations divisions shall include a completed case designation form. (See Appendix A)

CRITICAL

Applies to

Pleading motion or other paper

Must include

case number

Pleadings, motions, and other papers filed in a case must contain the assigned case number.

All pleadings, motions or other papers filed in such case shall contain the assigned case number.

CRITICAL

Applies to

Pleading

Pleadings must identify the filing attorney’s Supreme Court identification number and the party represented.

In addition, all pleadings shall bear the filing attorneys Supreme Court identification number as well as which party he/she represents.

CRITICAL

Applies to

Records check request

Records-check requests must be written, include the required fee, and provide the reason, search timeframe, subject’s full name, Social Security number, and date of birth.

All requests for records checks must be submitted in writing, accompanied by the required fee pursuant to court rule, and shall contain, at minimum, the following information: A. The reason for the request, B. A search time frame, C. The full name of the person’s record to be checked, D. Social security number, E. Date of birth.

CRITICAL

Applies to

Exhibit

Must include

caption, case number

An exhibit filed by fax must have a signed cover sheet with the specified case and exhibit information and must be served under the rules governing pleadings.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendant's Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

CRITICAL

Applies to

Fax filing

Must include

caption, case number

A fax filing must include a cover page with the listed court, case, document, transmission, and filer information, with specific conditional requirements for an unassigned judge or case number and cost information.

The person filing a document by fax shall also provide therewith a cover page containing the following information: a. The name of the court b. The title of the case c. The case number d. The assigned judge e. The title of the document being filed f. The date of transmission g. The transmitting fax number h. An indication of the number of pages included in the transmission, including the cover page. i. If a judge or case number has not been assigned, state that fact on the cover page. If a case number has been assigned, the transmission will not be accepted without the case number. j. The name, address, telephone number, fax number, Supreme Court registration number, if applicable, of the person filing the fax document, if available. k. If applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Motion

Motions must be made in writing and accompanied by a written memorandum containing the facts and legal arguments.

All motions to the Court shall be made in writing and shall be accompanied by a written memorandum containing the statement of facts and the legal arguments of counsel.

CRITICAL

Applies to

Motion

A motion seeking oral argument or testimony must request assignment of a hearing.

When oral argument or testimony is desired, the motion shall contain a request for assignment of hearing.

CRITICAL

Applies to

Continuance motion

A continuance motion must state its reason and include a time waiver and journal entry with opposing counsel’s signature or telephone approval, or an indication of refusal.

Motions for continuances shall set forth the reason for the continuance, and be accompanied by a time waiver and an appropriate journal entry which shall contain a signature line bearing the signature or telephone approval of opposing counsel or indicating refusal of same.

CRITICAL

Applies to

Bankruptcy notice

The bankruptcy filing with the Court must include a copy of the Notice of Bankruptcy Case Filing and a Judgment Entry granting stay.

Whenever any party to an action pending in this court files bankruptcy, the attorney for same or the party, if acting in a pro se capacity, shall within five (5) days of the date of filing bankruptcy, file with the Court a copy of the “Notice of Bankruptcy Case Filing” along with a Judgment Entry granting stay and further provide notice of such filing to all unrepresented parties and counsel of record in conformance with Civil Rule 5.

CRITICAL

Applies to

Proposed findings conclusions

When a Rule 52 request is made, all parties must submit proposed findings of fact and conclusions of law.

When a request for Findings of Fact and Conclusions of Law is made pursuant to Rule 52 of the Civil Rules of Practice, the Court shall require any and all parties to submit their proposed Findings of Fact and Conclusions of Law.

CRITICAL

Applies to

Witness disclosure

Counsel must disclose witnesses at least ten days before trial or their evidence is inadmissible, except for rebuttal witnesses.

The refusal or failure of any counsel to disclose a witness at least ten (10) days before trial shall render evidence by that witness inadminissible at trial. This shall not apply to rebuttal witnesses.

CRITICAL

Applies to

Settlement journal entry

A settlement journal entry must identify which party will pay costs, and the clerk will not file it until all costs are paid.

All journal entries settling cases shall state which party will pay the costs, and said entry will not be filed by the Clerk until all costs are paid.

CRITICAL

Applies to

Praecipe for execution

A praecipe for execution must specifically describe the property to be levied on.

Praecipes for Execution must contain a specific description of the property to be levied on.

CRITICAL

Applies to

Orders in aid of execution and citations in contempt

The party requesting an order in aid of execution or a contempt citation must prepare and file it in a form acceptable to the court.

Orders in aid of execution and citations in contempt shall be prepared and filed by the party requesting the orders in a form acceptable to the court.

CRITICAL

Applies to

Request for execution

Requests for execution against property other than personal earnings must describe in detail all property to be seized, including model and serial numbers if known.

Requests for execution of other than personal earnings shall describe specifically and in detail (including model and serial numbers if known) all property to be seized on execution.

CRITICAL

Applies to

Entries of confirmation and distribution

The party who requested the sale must prepare the confirmation and distribution entries, including statements that the sale was regular and proper and of any remaining judgment balance, unless the Court directs otherwise.

Entries of confirmation and distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect unless otherwise directed by the Court, together with a statement of the balance, if any, still due on the judgment.

CRITICAL

Applies to

Jury summons

A jury summons must be readily understandable and explain how and when to respond and the consequences of failing to respond.

Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process. Said summons shall clearly explain how and when the recipient must respond and the consequences for his/her failure to respond.

CRITICAL

Applies to

Preliminary judicial report

In covered real-estate actions, counsel for the party requesting marshaling, foreclosure, or a judicial sale must prepare and file a preliminary judicial report, except in actions filed by the County Treasurer.

any action involving title to real estate, except for actions filed by the Treasurer of Hardin County, counsel for the party requesting such marshaling, foreclosure and/or judicial sale of real estate shall prepare and file with the Clerk of Courts a preliminary judicial report.

CRITICAL

Applies to

Final judicial report

A final judicial report must be filed at least ten days before judgment.

A final judicial report shall be filed in the proceeding at least ten days prior to the date of judgment.

CRITICAL

Applies to

Pleading

When a complaint or later pleading contemplates a judicial sale of real estate, the party requesting the sale or its attorney must endorse the specified ownership-and-parties certification on the pleading and identify any interested parties not named.

In every action wherein a judicial sale of real estate is contemplated by the complaint or subsequent pleadings, the party praying for said sale or the attorney for the party praying for said sale shall endorse thereon the following certification: “The undersigned hereby certifies to the Common Pleas Court that an examination of the public records of Hardin County, Ohio, has been made to determine the ownership of the subject real estate and all parties who may claim an interest therein, and that, in the opinion of the undersigned, all parties have been named as parties to this action,” stating as exceptions any interested party not so named.

CRITICAL

Applies to

Certification

After a decree orders a real-estate sale, the party requesting the sale or its attorney must provide the specified updated title certification, identify applicable exceptions, and certify that all necessary parties have been served and are before the Court.

Upon any decree subsequently issued which orders the sale of real estate, the party or attorney having requested said sale shall further certify: “the undersigned hereby certifies to the Common Pleas Court that the examination of title to the subject real estate has been extended to ______________________, to determine if any parties have acquired any interest therein subsequent to said previous examination and said examination discloses that, in the opinion of the undersigned, there are no such parties except parties to whom the doctrine of lis pendens applies,” also stating as further exceptions any such party not subject to lis pendens. Such certification shall also advise the Court that all necessary parties have been properly served and are before the Court.

CRITICAL

Applies to

Order of sale

The attorney requesting a real-estate sale must type and file the Order of Sale; the Clerk must not be asked to prepare it, and the order must include the listed property-identification information.

The Clerk shall not be requested to prepare Orders of Sale. Said Orders shall be typed by the attorney requesting the sale and filed with the Clerk, which Order shall contain the following minimal information: full legal description or the full property address and a summary of the

CRITICAL

Applies to

Order of sale

An order of sale must be accompanied by the Sheriff’s Office Property Description Approval Form.

Said order of sale shall also be accompanied by the Hardin County Sheriff’s Office Property Description Approval Form available on the Hardin County Sheriff’s Office website located at www.hardinsheriff.com.

CRITICAL

Applies to

Appraisal report

Appraisers must submit their findings in a Court-prescribed report, whose original the Sheriff must file with the Court and whose copy the Sheriff must retain.

Upon completion of the appraisal as required by law, the appraisers shall submit their findings on an appraisal report prescribed by the Court. The Sheriff shall cause the original of such report to be filed with the Court with a copy to be retained by the Sheriff.

CRITICAL

Applies to

Judgment entry confirming sale

The judgment entry must provide for the Sheriff to pay the conveyance fee from the sale deposit at the stated rates.

Q. The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall include payment of the conveyance fee by the Sheriff to the Hardin County Auditor to be paid from the sale deposit at the customary rate of $4.00 per/thousand dollars of the sale price and $.50 for each parcel.

CRITICAL

Applies to

Judgment entry confirming sale

The judgment entry must provide for payment from the sale proceeds of accrued taxes, penalties, and assessments through the confirmation-entry filing date, allowing an estimate for the current tax year.

R. The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall include payment for real estate taxes, penalties and assessments accrued and payable up to the date of the confirmation entry, which amount can be an estimated amount for the current tax year as calculated by reference to the current tax figures. In other words, taxes, etc. are payable from the proceeds of sale up to, and including, the date on which the confirmation entry is filed.

CRITICAL

Applies to

Proposed confirmation order of distribution entry

A proposed Confirmation/Order of Distribution Entry must contain the specified certification.

S. Any proposed Confirmation/Order of Distribution Entry shall contain the following 55 certification: “The undersigned hereby certifies to the Common Pleas Court that all proceedings herein have been in accordance with all applicable law and statutes in such cases provided.”

CRITICAL

Applies to

Dissolution petition

A dissolution petition must be commenced by filing the listed documents, with the support worksheet and IV-D application required when applicable.

All petitions for dissolution shall be commenced by the filing of the following document(s): 1. Petition with separation agreement. 2. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio, 3. Support worksheet, if applicable. 4. IV-D application, if applicable, with proof of filing with Child Support Enforcement Agency, hereinafter CSEA. 5. Case designation sheet. (See Appendix A)

CRITICAL

Applies to

Divorce complaint

A divorce complaint must be commenced by filing the listed documents, with the support worksheet, IV-D application, and temporary-orders motion and hearing notice required when applicable or requested.

All complaints for divorce shall be commenced by the filing of the following document(s): 1. Complaint, with the paragraphs numbered for ease of opposing party/counsel to address the allegations contained therein, 2. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio, 3. Support worksheet, if applicable, 4. IV-D application, if applicable, with proof of filing with CSEA 5. Motion for temporary orders, if requested and notice of hearing. 6. Case designation sheet. (See Appendix A)

CRITICAL

Applies to

Answer or counterclaim

Answers and counterclaims must be filed with the listed accompanying documents, subject to the stated conditions.

All answers and counterclaims shall be filed with accompanying document(s): 1. Answer and/or counterclaim, 2. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio, 3. Support worksheet, if plaintiff’s is incorrect, 4. Motions for temporary orders, if not requested by plaintiff, and notice of hearing, 5. IV-D application, if not filed by plaintiff, with proof of filing with CSEA.

CRITICAL

Applies to

Pretrial memorandum

In contested matters, a pretrial memorandum must be filed and served, include the six listed items, and be submitted at least seven days before the final pretrial conference.

In all contested matters, a pretrial memorandum shall be filed and served upon all parties, and the Guardian Ad Litem, if one has been appointed, with a courtesy copy to the Judge or Magistrate assigned to hear the case no later than seven (7) days prior to the date set for final pretrial conference and shall include the following. 1. A brief summary of the case. 2. A list of witnesses and what they will testify to. 3. A proposed property settlement. 4. Whether custody and spousal support are issues and why. 5. Discovery required. 6. The anticipated trial time required.

CRITICAL

Applies to

Judgment entry

All judgment entries must contain approval by both parties and/or their attorneys.

All judgment entries shall contain the approval of same by both parties and/or their attorneys.

CRITICAL

Applies to

Child support judgment entry

Each child-support judgment entry must include or have attached a child-support worksheet and Domestic Relations Exhibit A.

All judgment entries of child support shall have included therein, or attached thereto, a child support worksheet and a copy of Domestic Relations Exhibit A.

CRITICAL

Applies to

Judgment entry

A judgment incorporating a separation agreement must have the agreement or other incorporated document attached.

All judgments that include the incorporation of a separation agreement in the entry shall have attached a copy of the separation agreement or other document which is incorporated.

CRITICAL

Applies to

Decree of dissolution

A decree of dissolution must include the specified statement that each petitioner desires to have the marriage dissolved.

A decree of dissolution shall contain the language “Each Petitioner desires to have their marriage dissolved.”

CRITICAL

Applies to

Judgment entry

Every judgment entry must dispose of court costs.

All judgment entries shall dispose of court costs.

CRITICAL

Applies to

Final decree

Temporary child- and spousal-support arrearages are deemed waived unless reserved in the final decree.

TEMPORARY CHILD AND SPOUSAL SUPPORT ARREARAGE SHALL BE DEEMED WAIVED UNLESS IT IS RESERVED IN THE FINAL DECREE.

CRITICAL

Applies to

Post decree modification motion

Motions to modify the specified domestic-relations matters must be commenced with the listed motion papers and forms, including a support worksheet when income figures are readily available or reasonably ascertainable.

All motions for modification for child support, spousal support, parenting time and allocation of parental rights and responsibilities shall be commenced by the filing of the following document(s): 1. Motion. 2. Memorandum or affidavit in support. 3. Uniform Domestic Relations forms adopted by the Supreme Court of Ohio 4. Support worksheet, if both parties income figures are readily available, or reasonably ascertainable. 5. Case designation sheet.

CRITICAL

Applies to

Conciliation motion

A motion for conciliation must name the conciliator, generally describe the requested procedures, and guarantee the costs of the procedure.

Any party moving for conciliation pursuant to Ohio Revised Code Section 3105.091, shall set forth the name of the conciliator and shall generally describe the conciliation procedures requested. In addition, thereto said movant shall guarantee the costs of such conciliation procedure.

CRITICAL

Applies to

Judgment entry

Judgment entries concerning parental rights and responsibilities must include an approval line for the GAL and be submitted to the GAL for approval or objection.

All judgment entries, whether by consent or otherwise and relating to the allocation of parental rights and responsibilities submitted to the Court for approval shall include an approval line for the GAL’s signature and be submitted to the GAL for approval or objection.

CRITICAL

Applies to

Gal final report

A copy of the GAL’s final report must be provided to the Court at the hearing.

A copy of the final report shall be provided to the Court at the hearing.

CRITICAL

Applies to

Gal final report

The GAL’s final written report must detail the listed activities, materials, consultations, and other relevant information considered in making recommendations and performing assigned duties.

The final written report including recommendations to the Court shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted and all other relevant information considered by the GAL in reaching the recommendations and in accomplishing the duties required by statute, court rule and in the order of appointment.

CRITICAL

Applies to

Proof of parenting class attendance

A non-residential parent may not be granted parental rights or parenting time until proof of parenting-class attendance is filed.

The non-residential parent may not be granted parental rights or parenting time until the non-residential parent files proof of attendance at such class.

CRITICAL

Applies to

Child support deviation order

A child-support deviation order must specifically list the Ohio Revised Code 3119.23 factors supporting the deviation.

No order which deviates from the amount of child support that would otherwise result from the use of the basic child support schedule and the applicable worksheet will be approved by the Court unless the entry specifically lists the Ohio Revised Code 3119.23 factors upon which said deviation is based.

CRITICAL

Applies to

Child support deviation order

A child-support deviation order under a shared parenting plan must specifically list the applicable Ohio Revised Code 3119.23 criteria and/or 3119.24 extraordinary circumstances and other factors supporting the deviation.

No order which deviates from the amount of child support that would otherwise result from the use of the basic child support schedule and the applicable worksheet under a shared parenting plan will be approved by the Court unless the entry 1) specifically lists the Ohio Revised Code 3119.23 criteria and/or 2) the extraordinary circumstances and other factors under Ohio Revised Code 3119.24 upon which said deviation is based.

CRITICAL

Applies to

Child support deviation order

Any order deviating from guideline child support must contain the specified statement about the statutory criteria and the child’s best interest.

Any order deviating from guideline child support shall contain the following: “TAKING INTO CONSIDERATION THE CRITERIA SET FORTH IN REVISED CODE 3119.23 AND/OR THE FACTORS SET FORTH IN REVISED CODE 3119.24, THE AMOUNT OF CHILD SUPPORT CALCULATED PURSUANT TO THE SCHEDULES WOULD BE UNJUST, INAPPROPRIATE, AND WOULD NOT BE IN THE BEST INTEREST OF THE MINOR CHILD(REN).”

CRITICAL

Applies to

Tax dependency exemption order

An order awarding the tax dependency exemption to a nonresidential parent must include the statutory language required by Ohio Revised Code Section 3119.82.

Any order which awards the tax dependency exemption to the parent that is not the residential parent shall include the following statutory language required by Ohio Revised Code Section 3119.82.

CRITICAL

Applies to

Notice of intent to relocate

The written relocation notice must state the relocation date, place, address, phone number, and other known information about the relocation.

A residential parent of a minor child or children subject to the jurisdiction of this Court who intends to move from the current residence of the child(ren) must first file, at least thirty (30) days in advance of such removal, a written notice with the Clerk of Courts setting forth date, place, address, phone number and other known information relative to relocation

CRITICAL

Applies to

Petition for protection order

A party requesting protection-order forms must complete and notarize them and file them with the Clerk before 2:30 p.m. daily.

The requesting party shall be required to fill out the forms, have same notarized and file them with the Clerk of Courts prior to 2:30 p.m. daily.

CRITICAL

Applies to

Final order

A final order involving marital real estate must include the full legal description and parcel number or numbers.

All final orders which involve marital real estate shall include the full legal description and parcel number(s) of same in the final entry.

CRITICAL

Applies to

Bankruptcy notice

Whenever any party to an action pending in this court files bankruptcy, the attorney for same or the party, if acting in a pro se capacity, shall within five (5) days of the date of filing bankruptcy, file with the Court a copy of the “Notice of Bankruptcy Case Filing” along with a Judgment Entry granting stay

Whenever any party to an action pending in this court files bankruptcy, the attorney for same or the party, if acting in a pro se capacity, shall within five (5) days of the date of filing bankruptcy, file with the Court a copy of the “Notice of Bankruptcy Case Filing” along with a Judgment Entry granting stay

CRITICAL

Applies to

Contempt motion

A motion requesting a contempt citation must specifically state the basis for the citation, the alleged contemnor’s conduct, and the order allegedly violated.

Since contempt actions are controlled by Chapter 2705 of the Ohio Revised Code, any motion requesting a citation in contempt shall: 1. Specifically state the basis for the contempt citation, including the alleged contemnor’s conduct and the order alleged to have been violated,

CRITICAL

Applies to

Summons

The summons must include the specified contempt, counsel, continuance, and penalty warnings.

Include the following language: FAILURE TO APPEAR MAY RESULT IN THE ISSUANCE OF AN ORDER OF ARREST AND IN THE ISSUANCE OF AN ORDER FOR THE PAYMENT OF SUPPORT BY WITHHOLDING AN AMOUNT FROM YOUR PERSONAL EARNINGS OR BY WITHHOLDING OR DEDUCTION AN AMOUNT FROM SOME OTHER ASSET YOU MAY OWN. YOU HAVE THE RIGHT TO COUNSEL AND IF YOU BELIEVE YOU ARE INDIGENT YOU MAY APPLY FOR COURT APPOINTED COUNSEL WITHIN THREE (3) BUSINESS DAYS AFTER YOUR RECEIPT OF THIS SUMMONS. THE COURT MAY REFUSE TO GRANT A CONTINUANCE AT THE TIME OF THE HEARING FOR THE PURPOSE OF YOUR OBTAINING COUNSEL, IF YOU FAIL TO MAKE A GOOD FAITH EFFORT TO RETAIN COUNSEL PRIOR TO THE HEARING. IF YOU ARE FOUND GUILTY OF CONTEMPT, THE COURT MAY IMPOSE ANY OF THE FOLLOWING PENALTIES: (Ohio Revised Code Section 2705.05(A)) (1) FOR A FIRST OFFENSE, A FINE OF NOT MORE THAN $250.00, A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 30 DAYS IN JAIL, OR BOTH; (2) FOR A SECOND OFFENSE, A FINE OF NOT MORE THAN $500.00, A DEFINITE TERM OF IMPRISONMENT OR NOT MORE THAN 60 DAYS IN JAIL, OR BOTH; (3) FOR A THIRD OR SUBSEQUENT OFFENSE, A FINE OF NOT MORE THAN $1,000.00, A DEFINITE TERM OF IMPRISONMENT OR NOT MORE THAN 90 DAYS IN JAIL, OR BOTH.

CRITICAL

Applies to

Special process server application

A person seeking designation as a special process server must file an application supported by an affidavit containing the listed information.

A person may apply to be designated as a “Special Process Server” for cases filed in the court by filing an application supported by an affidavit setting forth the following information: 1. The name, address, and telephone number of the applicant 2. That the applicant is 18 years of age or older 3. That the applicant agrees not to accept service of process on any case in which the applicant is a party or counsel for a party 4. That applicant agrees to follow the requirement of Civil Rule 4.1 through 4.6, any applicable local rules, and specific instruction for service as ordered by the Court in individual cases.

CRITICAL

Applies to

Special process server appointment order

A special process server applicant must submit an order with the specified caption and language; the judge signs it, and it is filed with the clerk for a one-year term.

The applicant requesting the designation shall submit an order captioned “In Re the Appointment of (name of applicant) As Standing Special Process Server” and stating the following: “It appearing to the Court that the Applicant is eligible for appointment as a Special Process Server, (name of applicant) is hereby designated a Special Process Server authorized to make service of process in all cases filed with the Court. This appointment shall be remain in effect from October 1st, 20 ___ until September 30th, 20 ___.” FILING The order shall be signed by the Judge and shall be filed with the Clerk of Court who shall record the entry and retain the original application and order. The order shall be in effect for a one year period extending from October 1st of the current year to September 30th of the following year. The Clerk shall accept a file-stamped copy of such order as satisfying the requirements of Civil Rule 4.1 for the designation by the Court as a person authorized to make service of process.

CRITICAL

Applies to

Transcript request

A written transcript request to the Court Reporter or Deputy Court Reporter must identify the hearing and its date, provide the requester’s valid email address, and include a deposit set for the anticipated transcript cost.

All requests for transcripts shall be made in writing to either the Court Reporter or the Deputy Court Reporter and specifically state the hearing to be transcribed, the date the hearing was conducted, the requestor’s valid email address, and shall be accompanied by a deposit in an amount set by the Court Reporter or Deputy Court Reporter for the anticipated cost of the transcript.

CRITICAL

Applies to

Qualified domestic relations order

A QDRO must include the plan administrator’s name and mailing address.

The name of the plan administrator and mailing address shall be included in the QDRO.

CRITICAL

Applies to

Release of information

The defendant must complete and sign releases of information for Recovery Court screening.

The defendant must complete and sign releases of information to facilitate inter-agency communication on behalf of the Defendant and the Recovery Court Team.

CRITICAL

Applies to

Recovery docket admission

Before entering the Recovery Docket, the defendant must sign an acknowledgment that they understand its requirements.

The Defendant will be required to sign an acknowledgement of understanding of the requirements of the Recovery Docket prior to entering the docket.

WARNING

Applies to

Exhibits and stipulations

The Court recommends that parties mark all exhibits and file stipulations before trial.

E. All parties should mark all exhibits and have stipulations filed prior to trial.

WARNING

Applies to

Judgment entry

If the parties’ agreement is placed on the record, the Court will approve a judgment entry containing it even if a party or attorney does not approve the entry.

If an agreement of the parties is placed on the record, the Court will approve a Judgment Entry which contains said agreement even if a party or attorney fails to approve the Judgment Entry.

WARNING

Applies to

Judgment entry

Untimely submission of a judgment entry may result in sanctions, including dismissal or an award of opposing counsel’s attorney fees for preparing the entry.

Failure to timely submit a judgment entry may result in sanctions being imposed by the Court, including but not limited to the dismissal of the pending matter or an award of attorney fees related to the preparation of the judgment entry by opposing counsel.

WARNING

Applies to

Transcript

A party requesting a transcript is responsible for filing it with the appropriate court or administrative agency.

Any party requesting a transcript will bear the responsibility for filing the same with any appropriate court or administrative agency.

WARNINGCivil cases

Applies to

Domestic relations pleading

Parties filing domestic relations pleadings are not required to attach pay stubs, tax returns, or W-2 forms to the Uniform Domestic Relations forms.

Parties shall not be required to attach pay stubs, tax returns, or W-2 forms to the Uniform Domestic Relations forms adopted by the Supreme Court of Ohio when filing any domestic relations pleading.

WARNINGCivil cases

Applies to

Judgment entry

When appropriate, judgment entries shall recite waiver by the parties of such decision by the Magistrate.

When appropriate, judgment entries shall recite waiver by the parties of such decision by the Magistrate.

WARNINGCivil cases

Applies to

Filing

A partially or wholly illegible signature must be accompanied by the signer’s typed or legibly printed name.

Partially or wholly illegible signatures must have the typed or legibly printed name of the signer indicated.

WARNINGCivil cases

Applies to

Partial estate account

Partial accounts on estates may be waived if consent and waiver are signed by all heirs and interested parties and filed with the Court.

Partial accounts on estates may be waived if consent and waiver are signed by all heirs and interested parties and filed with the Court.

WARNING

Applies to

Pleading brief memorandum or other document

Filed pleadings, briefs, memoranda, and other documents must not include copies of legal authorities or similar non-evidentiary materials as exhibits or otherwise.

No pleading, brief, memorandum or other document filed with the Clerk of Courts will include as exhibits or otherwise copies of authorities, whether cases decided by courts, reported or unreported, secondary authorities or similar non-evidentiary materials.

WARNING

Applies to

Authority listing

Counsel providing copies of authorities not readily accessible in book or internet sources must deliver them separately to the Court and file a list with a certification that copies were transmitted to all counsel.

Counsel desiring to provide copies of authorities not readily accessible in book form or through Internet sources will not file such authority with the Clerk, but will provide such copies separately to the Court and will file a listing of such authorities with the Clerk, containing a certification that copies of such authorities have been transmitted to all counsel.

WARNING

Applies to

Fax filing

A party faxing a signed source document must fax either the signed copy or an unsigned copy marked “/s/” followed by the signer's name where the signature would appear.

A party who wishes to file a signed source document by fax shall either: a. Fax a copy of the signed source document; or b. Fax a copy of the document without the signature but with the notation "/s/" followed by the name of the signing person where the signature appears in the signed source documents.

WARNING

Applies to

Fax filing

A party who files a signed document by fax represents that the physically signed source document is in their possession or control.

A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.

WARNING

Applies to

Stipulation

Stipulations and private agreements about the progress or management of a case are recognized only if made in open court or reduced to writing and signed by the parties.

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

WARNING

Applies to

Oral argument request

A party must request oral argument in writing or oral argument will be considered waived.

Oral arguments shall be considered waived unless any party requests oral arguments in writing,

WARNING

Applies to

Summary judgment memorandum

A memorandum accompanying a summary judgment motion must identify the specific paragraphs, lines, and pages of the evidence counsel asks the court to consider.

In any memorandum accompanying such motion, counsel shall refer to specific paragraphs, lines, and pages of any pleading, interrogatories, affidavits, depositions or other documentary evidence which counsel wishes the court to consider.

WARNING

Applies to

Stipulation or private agreement

Stipulations and private agreements about case progress or management are not recognized unless made in open court or reduced to writing and signed by the parties.

Stipulations and private agreements of counsel or parties concerning the progress or management of any matter, not made in open court, will not be recognized unless the same are reduced to writing and signed by the parties thereto.

WARNING

Applies to

Judgment entry

When appropriate, judgment entries shall recite waiver by the parties of such decision by the Magistrate.

When appropriate, judgment entries shall recite waiver by the parties of such decision by the Magistrate.

WARNING

Applies to

Judgment decree or order

Judgments, decrees, and orders must be prepared by prevailing counsel or by the party directed by the Court and accurately reflect the Court’s decision.

All judgments, decrees and orders shall be prepared by prevailing counsel, or by the party directed by the Court, accurately reflecting the Court’s decision

WARNING

Applies to

Proof of parenting class attendance

The Court may decline to schedule a final hearing in a dissolution or divorce with children until the parties file proof of parenting-class attendance.

The Court reserves the right to not schedule a final hearing until the parties to a dissolution or divorce with children file proof of attendance.

INFO

Applies to

Uniform domestic relations forms

Parties need not attach pay stubs, tax returns, or W-2 forms to Uniform Domestic Relations forms filed with domestic relations pleadings.

Parties shall not be required to attach pay stubs, tax returns, or W-2 forms to the Uniform Domestic Relations forms adopted by the Supreme Court of Ohio when filing any domestic relations pleading.