Harrison County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Journal entry

A custody or support Journal Entry must include the specified custody findings, support duties and amount, payment arrangements, poundage, and first payment date.

A. The Court will not approve a Journal Entry relative to custody or support that fails to specify that the Court inquired of the parties and found it to be in the best interest of the child(ren) that custody be placed with the party to whom custody is awarded and that the person awarded custody is a proper person to be the custodian. The Entry must include a finding that each party had a duty to support their child(ren), the custodial parent to provide support in-kind and the non-custodial parent to pay support to the custodial parent. The Entry shall state the monthly support obligation, and shall specify how that monthly amount is to be paid in increments, plus poundage, through the office of the Harrison County Child Support Enforcement Agency which is authorized to deduct poundage; the first payment date shall be specifically stated in the Entry.

CRITICAL

Applies to

Continuance motion

The request must state its reason and, for a conflict with another court, identify the judge, case, case number, conflict date and time, and scheduled trial date.

The reason for the request shall be noted. If the continuance is requested on the cause of a conflict with another Court, the Motion shall include the name of the Judge, name of the case, case number, the date and time of conflict and when the case was scheduled for trial.

CRITICAL

Applies to

Pleading

The Clerk must refuse any pleading that does not comply with paragraphs 29.03 and 29.04.

The Clerk of courts shall refuse to receive for filing any pleading which fails to comply with paragraphs 29.03 and 29.04.

CRITICAL

Applies to

Motion to modify

A Motion to Modify must specify the requested modification with particularity.

3. The modification requested, with particularity;

CRITICAL

Applies to

Dissenting opinion

If the panel members do not agree, the dissenting member must submit a written dissenting opinion for filing with the majority report.

In the event that all three members do not agree on the finding and award, the dissenting member shall submit a written dissenting opinion to be filed with the majority report.

CRITICAL

Applies to

Cognovit judgment petition

The judgment creditor’s attorney must include in the petition a statement of the defendant’s last known address, to the best of the attorney’s knowledge.

The attorney who represents the judgment creditor shall include in the petition a statement setting forth to the best of his knowledge the last known address of the defendant or defendants.

CRITICAL

Applies to

Journal entry

A Journal Entry must specify visitation dates and hours or provide for reasonable visitation at reasonable intervals and hours, including at least the Court’s standard visitation schedule.

Visitation rights shall be spelled out as to date and hour or shall provide for reasonable visitation at reasonable intervals and hours. Reasonable visitation shall include, as a minimum, the standard visitations set forth by this Court. A copy is attached.

CRITICAL

Applies to

Application

Additionally, in all cases where a support order is to be issued or modified, the Obligee shall sign and file with the Obligee's first pleading, an application for

Additionally, in all cases where a support order is to be issued or modified, the Obligee shall sign and file with the Obligee's first pleading, an application for

CRITICAL

Applies to

Judgment entry

An entry approved by counsel must be endorsed and presented to the court, and, if signed by the judge, filed with the Clerk.

When the entry is approved by counsel, it shall be so endorsed and presented to the court for approval and if signed by him shall them be filed with the Clerk.

CRITICAL

Applies to

Proposed journal entry

The proposed continuance entry must state the new day, date, and time and use the specified continuation language; the new date must be obtained from the Assignment Commissioner.

The Entry shall include language as follows: this matter has been continued to (day) • (date), at (time). The new date shall be obtained from the Assignment Commissioner.

CRITICAL

Applies to

Media coverage request

A media-coverage permission request must identify the case, docket number, proceeding type, equipment, and all operating personnel.

Such requests shall specify: A) the name of the case; B) the case docket number; C) the type of proceeding; D) type of equipment to be used; and G) the names of all operating personnel.

CRITICAL

Applies to

Pre trial statement

At the Court's discretion, counsel shall file within five (5) days of a Pre-Trial a "Pre-Trial Statement" containing the following required data: (1) The counsel who will be trial counsel and who is fully authorized to act and negotiate on behalf of the party. (2) A statement of the issues involved and a statement in writing of all questions of law which it is expected will be involved in the case. (3) All exhibits which are expected to be offered in evidence at the trial; an itemization of all special damages claimed; the names of all witnesses, both expert and non-expert, expected to be called at the trial; whether or not a jury trial if previously demanded, will not be waived, and if not, the number of jurors demanded, and whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages if liability be found.

At the Court's discretion, counsel shall file within five (5) days of a Pre-Trial a "Pre-Trial Statement" containing the following required data: (1) The counsel who will be trial counsel and who is fully authorized to act and negotiate on behalf of the party. (2) A statement of the issues involved and a statement in writing of all questions of law which it is expected will be involved in the case. (3) All exhibits which are expected to be offered in evidence at the trial; an itemization of all special damages claimed; the names of all witnesses, both expert and non-expert, expected to be called at the trial; whether or not a jury trial if previously demanded, will not be waived, and if not, the number of jurors demanded, and whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages if liability be found.

CRITICAL

Applies to

Complaint or subsequent pleading

In actions contemplating a judicial sale of real estate, the party requesting the sale or that party’s attorney must endorse the specified title certification on the complaint or subsequent pleadings, except in proceedings under R.C. 5721.18.

37.01 In every action hereinafter filed 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 that an examination of the public records of Harrison County, Ohio had been made to determine the ownership of subject real estate and all parties who may claim an interest therein, and that, in the opinion of the undersigned, all such parties have been named as parties to this actioni stating as exceptions any interested party not so named. 37.05 This rule shall not apply to proceedings under R.C. 5721.18.

CRITICAL

Applies to

Motion

A purchaser seeking to set aside a sale because the title is unmarketable must notify the court by written motion requesting that relief; Rule 37 does not apply to proceedings under R.C. 5721.18.

Should such examination disclose the title so purchased to be unmarketable by reason of any defect in the proceedings or the existence of any interest not disclosed in either of the certifications described above, no liability shall be predicated on the certifications but said purchaser may within the thirty (30) day period, notify the court thereof by written motion requesting that said sale be set aside. 37.05 This rule shall not apply to proceedings under R.C. 5721.18.

CRITICAL

Applies to

Media coverage request

Requests for permission to broadcast, televise, record, or photograph a courtroom proceeding must be in writing.

Requests for permission to broadcast, televise, record, and/or photograph any courtroom proceeding, including recesses between sessions and entry into and the exit from the courtroom shall be in writing.

CRITICAL

Applies to

Support or alimony entry

Additionally, each such entry shall specifically state that any Employer, Workers Compensation Agency or Unemployment Compensation Agency may be ordered to withhold Child Support payment or alimony payments from any payments coming due to any child support obligor or alimony obligor.

Additionally, each such entry shall specifically state that any Employer, Workers Compensation Agency or Unemployment Compensation Agency may be ordered to withhold Child Support payment or alimony payments from any payments coming due to any child support obligor or alimony obligor.

CRITICAL

Applies to

Videotape deposition

A transcript must accompany any videotape deposition.

A transcript of the testimony shall accompany a videotape deposition.

CRITICAL

Applies to

Appointment documents

Court-appointed counsel must submit a properly executed Affidavit of Indigency and Judgment Entry of Appointment within one week after appointment.

Court-appointed counsel shall submit to the court a properly executed Affidavit of Indigency and Judgment Entry of Appointment within one (1) week after his appointment.

CRITICAL

Applies to

Continuance request

A continuance request must be submitted in writing as a motion accompanied by a proposed journal entry.

Requests for continuance shall be submitted in writing by Motion and proposed journal entry which shall state:

CRITICAL

Applies to

Dismissal entry

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

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

CRITICAL

Applies to

Documents not expressly mentioned in Rule 56 c

Documents not expressly listed in Rule 56(c) must be attached to an affidavit and filed.

Documents not expressly mentioned in rule 56 (c) shall be attached to an affidavit and filed.

CRITICAL

Applies to

Complaint or motion

Requests for alimony, child support, or custody must be included in a Complaint or supported by an affidavit accompanying a Motion.

C. Requests for allowance of alimony, child support and custody must either be included in the Complaint or a Motion accompanied by satisfactory proof by Affidavit.

CRITICAL

Applies to

Agreed judgment entry

When the parties agree on the relief sought in a post-judgment motion, they must prepare an agreed judgment entry signed by counsel or an unrepresented party.

However, all post judgment Motions will be assigned for hearing unless the parties agree upon the relief sought and in which case an agreed judgment entry is to be prepared and signed by counsel for the parties or by a party who is not represented by counsel.

CRITICAL

Applies to

Answer

The affidavit must be filed and served with an Answer unless the filer does not dispute the other party’s affidavit.

Said affidavit will also be filed with the Answer and served with the Answer unless the person filing the Answer has no dispute with the Affidavit filed by the other party.

CRITICAL

The listed filing must include the parties’ names and addresses, the children’s names, addresses, and ages, and any other information required by R.C. 3109.27.

4. The names and addresses of all parties; 5. The names, addresses and ages of all the children; and 6. Such other information as required by R.C. 3109.27.

CRITICAL

Applies to

Judgment entry

A judgment entry submitted for filing must be accompanied by a copy.

The Clerk of Courts will not accept for filing any judgment entry unless it is accompanied by a copy thereof.

CRITICAL

Applies to

Complaint or petition

A Complaint or Petition disclosing minor children must be filed with the affidavit required by R.C. 3109.27.

In the event the Complaint or Petition discloses minor children, there shall be filed therewith the Affidavit required by R.C. 3109.27 together with a completed child support worksheet.

CRITICAL

Applies to

Motion to withdraw

When the client consents to withdrawal, counsel must file a written motion to withdraw together with an entry and the substitute counsel's appearance.

When Counsel's client consents to counsel's withdrawal, counsel shall file with the Court a written Motion to Withdraw, together with an entry and appearance of substitute counsel.

CRITICAL

Applies to

Motion

A party seeking to be excused must request that consideration by written motion.

A party desiring to be excused from attendance or preparation of a court's notice of final pre-trial conference, shall request such consideration by written motion.

CRITICAL

Applies to

Trial brief

Trial briefs must include the case statement, applicable legal memoranda, trial-procedure issues, factual issues, witnesses and exhibits, specified jury or bench-trial requests, and copies of cited authorities.

Trial Briefs shall contain: 1. A short statement of the case. 2. A memorandum of the law upon which Plaintiff relies for relief requested in the complaint. Memorandum of Defendant on law which Defendant relies to deny relief requested by Plaintiff. 3. Memorandum of the law involved with unusual trial procedure that may be contemplated including introduction of evidence, motions, or any special request to be made to the Court for both Plaintiff and Defendant. 4. Issues of fact to be determined. Both plaintiff and defendant must comply. 5. Names of witnesses and/or exhibits to be presented to prove each issue for both Plaintiff and Defendant. 6. Advice to the court as to whether or not, (1) special finding of the jury will be request; (2) interrogatories will be submitted to the jury. 7. Xerox copy of any major cases or authorities cited and Xerox copy of any unreported cases upon which the party relies. 8. In case it is a trial to the Court, the trial brief will contain information as to whether or not the party will desire the Court to make a special finding of fact and conclusion of law.

CRITICAL

Applies to

Judgment entry

Immediately after judgment is entered, the judgment creditor’s attorney must furnish a copy of the judgment entry to the Clerk.

Immediately upon the entering of any judgment the attorney who represents the judgment creditor shall furnish a copy of the judgment entry to the Clerk of this Court.

CRITICAL

Applies to

Motion to withdraw

If counsel cannot locate the client, counsel must submit a statement describing efforts to communicate with the client along with the motion to withdraw.

In the event that counsel is unable to locate his client, he shall submit with his Motion a statement as to his efforts to communicate with his client.

CRITICAL

Applies to

Motion for default judgment

Must include

proposed order

A motion for default judgment must be accompanied by a proposed judgment entry.

All motions or default judgment shall be accomplished by a proposed judgment entry.

CRITICAL

Applies to

Interrogatories and answers

Interrogatories and answers may be filed only with a motion seeking affirmative relief, and only their pertinent parts may be filed.

Interrogatories directed to any party and the answer thereto shall not be filed in any case unless in conjunction with a motion seeking affirmative relief, and then, only the pertinent parts thereof are to be filed.

CRITICAL

Applies to

Temporary restraining order request

An ex parte temporary restraining order requiring a spouse to leave the parties’ home may be granted only in extreme circumstances, supported by the moving party’s separate affidavit, and should be requested only when counsel can assure the Court that the circumstances warrant it.

Requests for temporary restraining orders ordering the spouse to move from the established home of the parties, without notice to the opposing party will be granted only in extreme circumstances upon a separate affidavit of the moving party detailing the reasons for the restraining order, and are to be requested only when counsel can assure the Court that the circumstances warrant the same.

CRITICAL

Applies to

Hearing notice

The hearing notice must state the appraised value and explain each party's right to elect to purchase the property at that value.

Said notice shall also inform the Defendants of the appraised value and of the right of each party to elect to purchase the real estate at the appraised value

CRITICAL

Applies to

Pre trial statement

If a final pre-trial conference is held, the pre-trial statement must summarize the facts, issues, law and authorities, evidence, damages, witnesses, estimated trial time, and counsel's prior conference.

In the event a final pre-trial conference is held, pre-trial statements shall be prepared by counsel for all parties, or by the party if unrepresented, and shall be filed with the court and served upon opposing counsel not less than 3 business days prior to the date of the final pre-trial conference. The pre-trial statement a. A concise summary of the essential facts. b. A brief statement of the issue involved. c. A brief statement of the applicable law and the authorities upon which counsel relies. d. A list of demonstrative evidence or exhibits which will be offered on date of trial. e. An itemized statement of damages by persons claiming such damages. f. Names and addresses of prospective lay and expert witnesses. g. Estimate of trial time. h. A brief statement that counsel conferred prior to the final pre-trial

CRITICAL

Applies to

Proposed confirmation entry

The Plaintiff must prepare and deliver a proposed entry confirming the sale to the Assignment Commissioner.

the Plaintiff shall prepare and deliver a proposed entry confirming the sale to the Assignment Commissioner

CRITICAL

Applies to

Petition complaint counterclaim or motion

The specified dissolution, divorce, support, annulment, and modification filings must include the Court-prescribed affidavit when filed.

At the time of filing a Petition for Dissolution; a complaint or Counterclaim for Divorce, Alimony, Separate Maintenance or Annulment, or a Motion to Modify Child support or a Motion to Modify Alimony, there shall be filed an affidavit in form and manner as prescribed by this Court (attached hereto as Exhibit "A").

CRITICAL

Applies to

Continuance request

A second continuance request by the same counsel in the same matter must be signed by both the client and counsel.

A second continuance request by the same counsel of the same matter shall bear the signature of the client, as well as counsel's signature.

CRITICAL

Applies to

Motion to modify

A Motion to Modify must state the reasons for requesting modification.

2. The reasons for requesting modification;

CRITICAL

Applies to

Cognovit judgment petition

A cognovit judgment petition must include or be accompanied by an affidavit stating either that the note’s maker resides in Harrison County or that a maker signed the warrant of attorney there.

When a petition is presented to the Court for the rendering of a cognovit judgment, it shall contain, or be accompanied by, an affidavit to the effect: (1) that the maker of the cognovit note resides in Harrison County, or (2) That the maker, or any one of several makers, of the cognovit note signed the warrant of attorney in Harrison County.

CRITICAL

Applies to

Jury trial pretrial submissions

For jury trials, counsel must file a draft of the specified jury materials and jury-view information before the pretrial date.

23.07 If the matter is to be tried to a jury, counsel shall also file with the court and serve upon all parties at least 3 business days before the date of pre-trial a draft of substantive jury instructions, interrogatories (if any), verdicts, and an indication as to whether a jury view will be requested and, if so, details as to the site and parameters of the view.

CRITICAL

Applies to

Support entry

A support Entry involving minor children must designate who will provide their hospitalization insurance.

B. In any entry relative to support, in which there are minor children, the Entry shall include a provision designating who is to provide hospitalization insurance for the minor children.

CRITICAL

Applies to

Motion

The moving party must file supporting documents with the motion, including a supporting memorandum citing relied-upon cases and authorities.

The moving party shall file all appropriate supporting documents with the motion, including a brief memorandum supporting the Motion and citing cases and authorities relied upon.

CRITICAL

Applies to

Legal notice

Counsel seeking service by publication must submit the proposed legal notice to the Clerk of Courts.

Counsel for a party desiring service by publication shall submit to the Clerk of Courts the proposed legal notice for such publication.

CRITICAL

Applies to

Arbitrator service statement

The Chairman must submit a statement of actual hearing-service time for filing with the Clerk unless a written compensation waiver has been filed.

Immediately following an arbitration hearing the Chairman shall submit statement setting forth actual time of services in hearing to be filed with the Clerk of Courts, unless a waiver in writing for compensation has been filed with the Clerk of Courts.

CRITICAL

Applies to

Post judgment motion

A post-judgment motion’s caption must include the typed name and address of each party.

In the caption of a Post Judgment Motion there shall be typed the name and address of each party.

CRITICAL

Applies to

Pleading motion or application

Each pleading, motion, or application must identify the attorney or law firm and contact information, or, if there is none, the filer and type of action.

Each pleading, notion or application shall bear the name, office address and telephone number of the Attorney or Law Firm, if any; otherwise, the name of the party filing and the type of action, such as "Complaint for Money Judgment", etc.

CRITICAL

Applies to

Arbitrator names submission

The names of the two panel members and two alternates must be submitted to the Judge within four months after the action is filed.

The name of the two (2) members of the panel to be appointed by the plaintiff and defendant, respectively, plus two (2) alternates shall be submitted to the Judge within four (4) months from the date the action was filed.