Harrison County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Complaint

Must include

caption

A complaint’s caption must identify the court, county, state, and each party and provide space for the case number and a three-inch clerk endorsement area.

The caption at the top thereof, in addition to stating the name of the Court, County and State, shall state the name and address, if known, of each party in the case of complaints, with space for the number and blank space of at least three inches at the top of the first page for endorsement thereon by Clerk.

CRITICAL

Applies to

Arbitrator names submission

Before submitting the panel-member names, counsel must contact their arbitrators, inform them of the arbitrator-compensation provision, submit their names and contact information to the Court, and file all submitted names with the Clerk.

Prior to the submitting names of the two (2) on the panel to be appointed by the plaintiff and defendant, counsel are to contact their Arbitrators, and inform them of Section 38.20 Compensation of Arbitrators, and submit to the Court their names, addresses and telephone numbers. All submitted names are to be filed with the Clerk of courts.

CRITICAL

Applies to

Arbitrator submission

If there is more than one (1) plaintiff with separate counsel, counsel are to submit one (1) Arbitrator for the plaintiff, and one (1) Arbitrator for the defendant.

If there is more than one (1) plaintiff with separate counsel, counsel are to submit one (1) Arbitrator for the plaintiff, and one (1) Arbitrator for the defendant.

CRITICAL

Applies to

Chairman nomination

Each party must rank the potential chairmen in order of preference.

Each party shall rate the potential chairman in order of priority.

CRITICAL

Applies to

Certification

The notary must number objections consecutively and attach the record to the certification filed with the Clerk.

The Notary will then number the objections consecutively and attach this record to the certification when filed with the Clerk.

CRITICAL

Applies to

Opposition

An opposition to the appraised value must be in writing and state its grounds.

Any opposition to the appraised value as in Plaintiff's notice shall be by writing stating the grounds thereof

CRITICAL

Applies to

Motion to modify or show cause

A motion to modify a prior order or for a Show Cause for violation of a prior order must be accompanied by an Affidavit of Support/Alimony.

A. All motions requesting modification of a prior order and/or a Show Cause for violation of a prior order shall be accompanied by an Affidavit of Support/Alimony.

CRITICAL

Applies to

Discovery certificate

Counsel demanding discovery must file a certificate with the Clerk stating the case caption, discovery requested, responding party, receiving counsel’s name and address, and mailing date.

Counsel demanding discovery shall file with the Clerk of Courts a one page certificate bearing the case caption, the type of discovery requested, the name of the party required to respond, the name and address of the counsel to whom the demand for discovery was directed and the date of mailing.

CRITICAL

Applies to

Change of address notice

A party whose address changes from the address listed in the petition or complaint must file a notice listing the new address with the Clerk.

Whenever the address of a party changes from the address listed on the petition or complaint, the party shall file a change of address notice with the Clerk, listing the new address.

CRITICAL

Applies to

Motion to withdraw

Counsel must attach a copy of the hearing notice to the motion to withdraw.

A copy of said notice shall be attached to the Motion.

CRITICAL

Applies to

Objections or counterproposals

Any objections or counterproposals must be submitted to the Court in writing.

Within seven (7) days thereafter, opposing counsel or a party unrepresented by counsel shall submit any objections or counterproposals to the Court in writing.

CRITICAL

Applies to

Motion to show cause

Each Motion to Show Cause must include the prior order and filing date, alleged violation facts, specific requested relief, party information, and pertinent child information.

C. Each Motion to Show Cause shall contain the following: 1. The exact language of the prior order sought to be enforced and the date filed; 2. The facts alleged to be a violation of that order; 3. The relief requested, with particularity; 4. The names and addresses of all parties; and 5. If pertinent, the names, addresses and ages of all the children.

CRITICAL

Applies to

Arbitration report and award

The panel Chairman must file a written report and award with the court and Clerk of Courts.

Within thirty (30) days after the hearing, the Chairman of the panel shall file a written report and award with the court and Clerk of Courts

CRITICAL

Applies to

Motion to modify

A Motion to Modify must include the exact language of the prior order and its filing date.

1. The exact language of the prior order sought to be modified and a date filed;

CRITICAL

Applies to

Ex parte order request

Counsel seeking an ex-parte order under Civil Rule 75(H) or (M) must present the complete file with a proposed entry or entries.

A. Counsel desiring an ex-parte order pursuant to Civil Rule 75 (H) or (M) must arrange a personal conterence with the Judge and present the complete file together with a proposed entry or entries.

CRITICAL

Applies to

Certificate for legal services

Court-appointed counsel must submit the final Certificate for Legal Services on a form supplied by the Clerk within 30 days after the services end.

The attorney's final Certificate for Legal Services shall be submitted to the Court for review and approval, only on prescribed forms supplied by the Clerk of Courts, within thirty (30) days of the termination of such services.

CRITICAL

Applies to

Joint motion

When a case is settled after a Chairman and two Arbitrators are appointed, and prior to any Arbitration Hearing, a joint motion by all counsel is to be filed stating the case is settled and to be dismissed, setting forth instructions to the Chairman and Arbitrators to submit a statement for compensation for services rendered, if any, to be filed with the Clerk of this Court, within two (2) weeks of the filing of the motion, with proof of service to all counsel, chairman and arbitrators, unless a waiver in writing for compensation has been filed with the Clerk of Courts.

When a case is settled after a Chairman and two Arbitrators are appointed, and prior to any Arbitration Hearing, a joint motion by all counsel is to be filed stating the case is settled and to be dismissed, setting forth instructions to the Chairman and Arbitrators to submit a statement for compensation for services rendered, if any, to be filed with the Clerk of this Court, within two (2) weeks of the filing of the motion, with proof of service to all counsel, chairman and arbitrators, unless a waiver in writing for compensation has been filed with the Clerk of Courts.

CRITICAL

Applies to

Child support calculation information

In uncontested cases, the parties must provide the necessary information to the Child Support Enforcement Agency so the calculation can be made and signed before the hearing.

In all uncontested cases, the parties shall provide necessary information to the Child Support Enforcement Agency, so that the calculation may be made and signed by the parties before the hearing date.

CRITICAL

Applies to

Subsequent pleading motion or application

Must include

case number

Each pleading filed after the complaint, including a motion or application, must state the case number and the first plaintiff and defendant on each side.

Pleadings filed subsequent to the complaint, including motions and applications shall state the number of the case pursuant to L.R. 9, the name of the first party-plaintiff and first party-defendant on each side.

CRITICAL

Applies to

Support or alimony entry

Every support or alimony Entry must include the listed identifying, agency, and employer information.

C. Any Entry relative to support or alimony shall include the following required information: (1) Name; (2) Address; (3) Social Security Number or any other identification number of each person responsible for support payments; (4) That the support order is being administered by a Harrison County Child Support Enforcement Agency; (5) The name and address of each obligor's employer.

CRITICAL

Applies to

Withdrawal entry

The Clerk must file and docket the entry permitting withdrawal and provide a copy to the Assignment Commissioner, other counsel of record, and unrepresented parties.

A copy of the Entry permitting withdrawal shall be filed and docketed by the Clerk, with a copy provided to the Assignment Commissioner and all other counsel of record or parties unrepresented by Counsel.

CRITICAL

Applies to

Motion for relief from judgment

A Rule 60(B) motion for relief from judgment must establish evidentiary-quality operative facts showing a meritorious claim or defense, a specified ground for relief, and filing within a reasonable time.

No motion for relief from judgment pursuant to Civil Rule 60 (B) shall be granted by the Court by operative facts of evidentiary quality that (A) the movant has a meritorious defense or claim to present if relief is granted; (B) the movant is entitled to relief under one of the grounds stated in Civil Rule 60 (B) (1) through (5); and (C) the motion is made within a reasonable time.

CRITICAL

Applies to

Ex parte restraining order request

An ex-parte restraining order will not be considered without an affidavit from a party sworn to absolutely and containing information pertinent to the relief sought.

B. Ex-parte restraining orders will not be considered unless there is presented an Affidavit of a party sworn to absolutely, containing information and respond to inquiry pertinent to the relief sought.

CRITICAL

Applies to

Initial pleading and post decree domestic relations matter

Covered initial and post-decree domestic-relations pleadings must use the prescribed coding, and counsel and self-represented parties must report it correctly.

Each initial pleading of all new civil and domestic relations cases and all post decree domestic relations matters filed in this Court on or after August 1, 1991 shall be coded in conformity with Supreme Court Statistical Reporting Forms A and B. Counsel shall report the correct coding. (Persons representing themselves are likewise obligated.)

CRITICAL

Applies to

Summary judgment evidence

Documents must be properly filed with the Clerk of Courts to be considered; unfiled documents will not be considered.

To avoid exclusion by the Court, the documents must be properly filed with the Clerk of Courts. No document unfiled with the Clerk of Courts shall be considered.

WARNING

Applies to

Dismissal

Dismissals of original actions and post-judgment matters require Court approval or an order, and a counsel-entered appearance-docket dismissal is not effective before then.

19.01 Due to the statistical reporting requirements imposed by the Rules of Superintendence, all dismissals of original actions and post-judgment matters must be approved by the Court. A dismissal on the appearance docket by counsel is not effective until approved or ordered by the Court.

WARNING

Applies to

Court filing

Every attorney licensed to practice in Ohio must include the attorney’s Ohio Supreme Court registration number on all documents filed with the Court.

18.01 Effective January 1, 1992, every attorney at law licensed to practice law in this state shall include his Ohio Supreme court registration number on all documents filed in this Court.

WARNING

Applies to

Counsel fee motion

Motions for other counsel's fees and for Plaintiff's counsel's fees above the schedule must state the proposed fee and will be determined at a hearing.

Motions for fees for counsel other than Plaintiff's counsel and for fees for Plaintiffs counsel in excess of the schedule set forth herein shall set forth the proposed fee and will be determined at a hearing.

WARNING

Applies to

Oral argument request

After the last brief’s filing period expires, the case is submitted on the briefs unless oral argument is requested in writing and granted by the Court or required by law.

Upon expiration of the time for filing the last brief, the case will be considered as submitted upon the briefs unless oral argument is requested in writing and granted by the Court or is required by law.

WARNING

Applies to

Judgment entry

After the rejection period, the prevailing party or parties are responsible for preparing and submitting the judgment entry to the Court.

Subsequent to the time for rejection, the responsibility for the preparation of judgment entry and submission to the Court rests with the prevailing party or parties.

WARNING

Applies to

Amended pleading or motion

After an amended pleading or motion is filed, an original of a prior amendment may not be withdrawn from the file without leave of Court.

Upon the filing of an amended pleading or motion, the original of any prior amendment thereof shall not be withdrawn from the file except upon leave of the Court.

WARNING

Applies to

Pleading

The Clerk of Courts may refuse for filing any incorrectly coded or uncoded pleadings after August 1, 1991.

The Clerk of Courts may refuse for filing any incorrectly coded or uncoded pleadings after August 1, 1991.

WARNING

Applies to

Counsel fee motion

A motion seeking fees for Plaintiff's counsel must set forth the proposed fee, and notice of the hearing must be given as provided in the rule.

Plaintiffs counsel shall be allowed fees upon motion setting forth the proposed fee after hearing, notice of which shall be given as provided herein.

CRITICAL

When a decree orders the sale of real estate, the party requesting the sale or that party’s attorney must provide the specified further title certification, except in proceedings under R.C. 5721.18.

37.02 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 that the examination of title to 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. 37.05 This rule shall not apply to proceedings under R.C. 5721.18.