Highland County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion to continue

A defendant’s motion to continue must include a waiver of speedy-trial rights.

Any motion to continue filed by the defendant shall include a waiver of speedy trial rights

CRITICAL

Applies to

Divorce decree

If personal property remains undivided when the divorce decree is filed, the decree must include the specified exchange deadline, fallback date, and motion language.

If personal property has not been divided and exchanged before the divorce decree is filed, the decree shall include the following language: “The parties shall exchange and divide all personal property no later than thirty(30) days after the filing date of the final decree. If the parties cannot agree upon a date to conduct this division and exchange, the date for the division and exchange of personal property shall be at 12:00 noon on the 30th day following the filing of the decree. If either party fails to abide by the terms of the final decree regarding the division and exchange of personal property, the court shall entertain a motion for contempt or a motion to compel the division or exchange of personal property. The court will only entertain these motions if filed by a party on or before the 30th day after the expiration of the 30-day period.”

CRITICAL

Applies to

Final judgment entry

When a QDRO is to be issued, the final judgment entry must contain both specified paragraphs concerning retained jurisdiction and the participant’s conduct.

In all cases in which a QDRO is to be issued, the final judgment entry shall contain the following language: “The court retains jurisdiction with respect to the Qualified Domestic Relations Order to the extent required to maintain its qualified status and the original intent of the parties. The court also retains jurisdiction to enter further orders as are necessary to enforce the assignment of benefits to the non-participant as set forth herein, including the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of spousal support, if applicable, in the event that the participant fails to comply with the provisions of this order.” “The participant shall not take actions, affirmative or otherwise, that can circumvent the terms and provisions of the Qualified Domestic Relations Order, or that may diminish or extinguish the rights and entitlements of the participant.”

CRITICAL

Applies to

Entry confirming sale

An entry distributing less than all sale proceeds must set a final-distribution hearing using language obtained from the Assignment Commissioner before the entry is presented.

Entries providing for distribution of less than 100% of the proceeds must contain language setting a hearing on final distribution which will be obtained from the Assignment Commissioner prior to presentation of the entry.

CRITICAL

Applies to

Proof of financial counseling

In foreclosure cases, homeowners requesting mediation must complete financial counseling and file proof with the Court at least five days before the hearing.

In foreclosure cases, the homeowners requesting mediation shall be required to complete financial counseling and to file proof thereof with the Court at least 5 days before the scheduled hearing.

CRITICAL

Applies to

Proposed entry

The proposed entry for an agreed modification must be signed and notarized by each party and identify the order date, provision, and specific modification.

The movants shall submit a proposed entry granting the modification also signed by each party and acknowledged before a notary public. The proposed entry shall specify the date and provision of the order being modified and the specific modification being made.

CRITICAL

Applies to

Motion to continue

A continuance request must be signed by trial counsel of record and, if requested by the court or required by the rule, by the parties.

Requests for continuances shall be signed by trial counsel of record and if requested by the court or required by this rule, by the parties.

CRITICAL

Applies to

Motion

Must include

proposed order

A party seeking temporary orders must present a proposed temporary order when filing the motion.

A party seeking temporary orders shall present a proposed temporary order to the Court when the motion is filed.

CRITICAL

Applies to

Precipe for writ of possession

If a writ of possession is required after a foreclosure judgment, the prevailing party must file a precipe for the writ with the Clerk of Court.

15.12 If a writ of possession is required, the party granted the judgment for foreclosure shall file a precipe for the writ with the Clerk of Court.

CRITICAL

Applies to

Show cause motion

A motion to show cause for unpaid medical bills must include a completed Explanation of Medical Bills with specified billing information and a calculation of the total claimed.

31.4.1 A show cause motion for unpaid medical bills shall contain: 1. An “Explanation of Medical Bills” completed and attached to the motion identifying the provider; the service, the amount of the charge, the amount paid by insurance, the amount for which the ex-spouse is liable and a calculation of the total amount claimed to be owed either in a computer program or in an adding machine tape attached to the motion.

CRITICAL

Applies to

Motion

A motion for a temporary order must include a supporting memorandum and detailed supporting affidavit to be accepted for filing.

No motion for a temporary order shall be accepted for filing by the Clerk unless there is attached thereto a memorandum in support and a detailed supporting affidavit.

CRITICAL

Applies to

Final decree of dissolution

The attorneys or self-represented parties must prepare the final decree of dissolution and submit it to the Court at the final hearing; the dissolution is not final until the Judge signs and files it.

A dissolution is not final until the Judge signs and files a final decree of dissolution. The attorneys for the parties or the parties if acting pro se must prepare the decree and submit it to the Court at the final hearing.

CRITICALCivil cases

Applies to

Financial affidavit

This affidavit form is to be used when assets or debts are $50,000 or more.

(to be used if assets/debts are $50,000.00 or more)

CRITICAL

Applies to

Civil complaint

A civil complaint must include the court-prescribed classification form identifying the case classification and trial attorney; each listed attorney is considered a trial attorney.

No civil complaint shall be accepted for filing unless accompanied by a classification form prescribed by the court that classifies the case and clearly designates the trial attorney. If more than one attorney is listed as trial attorney, each person listed shall be considered the trial attorney for the case.

CRITICAL

Applies to

Pleading

File enough copies, in addition to the original, to provide file-stamped copies to counsel and the party and to accomplish service if required; the Clerk will not accept extra file copies.

In addition to the original, sufficient copies shall be filed with the Clerk to provide counsel and the party with a file stamped copy and to accomplish service of process, if required. No additional file copies shall be accepted by the Clerk.

CRITICALCivil cases

Applies to

Financial affidavit

The affidavit must list funds in all accounts at financial institutions, including the specified account types.

List all funds on deposit in any and all accounts in any bank, savings & loan, credit union, regulated investment company, mutual fund or other financial institution. Account includes any of the following: checking, certificate of deposit (“CD”), investment savings, individual retirement (“IRA”, stock option, etc.

CRITICAL

Applies to

Psychological evaluation report

The psychologist or psychiatrist must provide the court a written report and recommendation containing the case name, case number, and hearing date at least seven days before the hearing, unless otherwise ordered.

The psychologist or psychiatrist will provide the court with the original written report and recommendation (including case name and number, the date of hearing) no less than seven (7) days prior to the hearing unless otherwise ordered, with copies mailed to counsel for each party, or to a party if unrepresented.

CRITICAL

Applies to

Notice of appearance

A written notice of appearance must be given to the defendant, and its original must be filed with the Clerk of Courts.

A written notice of appearance shall be given to the defendant. The original shall be filed with the Clerk of Courts.

CRITICAL

Applies to

Motion

A final judicial title report or title opinion must be filed before or with a summary-judgment or default-judgment motion.

A final judicial title report or title opinion shall be filed prior to or with a motion for summary judgment or default judgment.

CRITICAL

Applies to

Divorce complaint or petition for dissolution

File a Title IV-D services application with a divorce complaint or dissolution petition involving minor children when child or medical support is requested.

17.6 An application for services under Title IV-D of the Social Security Act shall be filed with all divorce complaints or petitions for dissolutions involving minor children in which child support or a medical support is requested.

CRITICAL

Applies to

Complaint or petition

The caption of every complaint and petition must include each party’s full name, prior surnames, aliases, address, and date of birth.

The caption of all complaints and petitions shall include the full names, prior surnames, aliases, addresses, and dates of birth of all parties to the action.

CRITICAL

Applies to

E filed pleading or document

E-filed pleadings and documents must contain signatures required by Ohio law or court rules, and those signatures may be electronic.

Any pleadings/documents that are e-filed must contain signatures as required by Ohio law or rules of court. Signatures may be electronic.

CRITICAL

Applies to

Entry

An attorney or self-represented party who fails to submit an entry timely must appear and present it after notice or face possible contempt or dismissal.

28.7 Attorneys or self-represented parties who fail to timely submit entries will be given notice to appear and to present the entry or be subject to contempt citation and/or dismissal of the pending matter.

CRITICAL

Applies to

Motion for ex parte order

Must include

proposed order

A party seeking an ex parte order must submit a proposed order with the motion and affidavits, providing for parenting time for the non-residential parent unless contrary to the children’s best interests and requiring the children to remain at their pre-complaint school.

18.4 A party seeking an ex parte order shall present a proposed order to the court with the motion and supporting affidavits. The order shall include an allocation of parenting time with the minor children to the non-residential parent unless the court finds that it is not in the best interests of the children. It shall also include language that requires the children to continue to attend the same school they were attending prior to the filing of the complaint.

CRITICAL

Applies to

Jury service excusal request form

Anyone seeking to be excused from jury service must complete a form stating the reason and supporting information, such as medical information.

All persons seeking to be excused shall be required to complete a form stating the reason for the request and information necessary to support the request such as medical information.

CRITICAL

Applies to

Complaint or service requiring pleading

A complaint or other pleading requiring service must provide the names and addresses of everyone to be served.

The complaint, third party complaint or other pleading shall contain the names and addresses of all parties to be served.

CRITICAL

Applies to

Exhibit list

The State and the Defendant must give the Bailiff and the Judge an exhibit list one business day before trial begins.

The State and the Defendant shall present the Bailiff and the Judge with a list of exhibits one business day prior to commencement of trial.

CRITICAL

Applies to

Affidavit

The affiant has a continuing duty to inform the Court of any known proceedings concerning the child or children in any state.

11. Affiant acknowledges that he/she has a continuing duty to inform the Court of any proceedings concerning the child/children in this or any other state of which he/she has knowledge.

CRITICAL

Applies to

Settlement entry

If mediation results in settlement, counsel for the parties must submit the necessary entry in accordance with Local Rule 10.

If the mediation results in settlement, counsel for the parties are responsible for submitting the necessary entry in accordance with Local Rule 10.

CRITICAL

Applies to

Family file inspection request

Anyone requesting to inspect a family file must complete the prescribed inspection form before inspection.

A prescribed form requesting inspection will be made available for that purpose and must be completed prior to inspection.

CRITICAL

Applies to

Continuance entry

An entry for a continuance must include the next court date and time or blank spaces for them to be inserted.

No entry of continuance of a court date shall be granted unless the entry submitted includes a new date and time for the next court date or blank spaces to insert them.

CRITICAL

Applies to

Entry

Must include

certificate of service

An entry presented without endorsement by all counsel or parties must certify service on opposing counsel or the appearing self-represented party and that the objection period has expired.

Any entry presented to the court for signature without endorsement by all counsel or parties shall contain the certification that the entry was served upon the opposing counsel or appearing self-represented party and that the time for objection has expired.

CRITICAL

Applies to

Withdrawal entry

An order to sell foreclosed real estate may be withdrawn only by an entry signed by the judge.

An order to sell real estate upon foreclosure can only be withdrawn by entry signed by the Judge.

CRITICAL

Applies to

Proof of attendance

If the Court finds that a party has failed to attend the seminar, the Court may impose sanctions against that party or proceed with a final hearing and deny parenting time with the children to that party until that party has filed proof of attendance at the seminar with the Clerk of Courts.

If the Court finds that a party has failed to attend the seminar, the Court may impose sanctions against that party or proceed with a final hearing and deny parenting time with the children to that party until that party has filed proof of attendance at the seminar with the Clerk of Courts.

CRITICALCivil cases

Applies to

Financial affidavit

The affidavit must include a pay stub showing year-to-date earnings and a copy of the most recent tax return.

ATTACH PAY STUB WITH YEAR TO DATE EARNINGS AND A COPY OF MOST RECENT TAX RETURN

CRITICAL

Applies to

Entry objections

Objections to a proposed entry must be written and filed with a copy of the proposed entry and a supporting memorandum.

If the opposing counsel or self-represented party objects to the proposed entry, he or she shall file written objections together with a copy of the proposed entry and a memorandum in support of the objections within five (5) business days after the proposed entry was submitted.

CRITICALCivil cases

Applies to

Financial affidavit

7. HOUSEHOLD GOODS, ANTIQUES, JEWELRY, FIREARMS, COLLECTIBLES, ETC. Attach a list which with present value

7. HOUSEHOLD GOODS, ANTIQUES, JEWELRY, FIREARMS, COLLECTIBLES, ETC. Attach a list which with present value

CRITICAL

Applies to

Proposed jury instructions and verdict forms

Proposed jury instructions and verdict forms must be presented to the Court at Final Pre-trial.

Proposed jury instructions and proposed verdict forms shall be presented to the Court at Final Pre-trial on hard copy and on CD, in Microsoft Word.

CRITICAL

Applies to

Child support order

Child-support entries must state the effective date, payment through Ohio Child Support Payment Central, cash medicals if applicable, and the language required by applicable law.

28.8 All entries containing child support orders shall specify the effective date of the order that it shall be paid through Ohio Child Support Payment Central, and a provision for cash medicals if applicable. All orders shall include the language required by Chapter 3119 or other applicable provisions of the Revised Code regarding child support orders.

CRITICAL

Applies to

Electronically filed pleading or document

Electronic filers must comply with applicable Ohio court rules, including applicable service-certificate and notice requirements, as well as local rules.

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

CRITICAL

Applies to

Motion to withdraw as counsel

Must include

proposed order

A motion to withdraw must include a proposed entry containing a provision for the Clerk to serve a copy on the client by ordinary mail.

A proposed entry to approve the withdrawal shall also be submitted with the motion and shall include a provision that a copy of the entry shall be served by the Clerk upon the client of the withdrawing counsel by ordinary mail.

CRITICAL

Applies to

Entry ordering notice by publication

An entry ordering notice by publication must include the Clerk’s certification that the required additional cost deposit has been made.

All entries ordering notice by publication shall bear the certification of the Clerk that the required additional cost deposit has been made.

CRITICAL

Applies to

Guardian ad litem complaint

A complaint about a guardian ad litem must be submitted in writing to the Magistrate, signed, and include the complainant’s name, address, and telephone number.

Any complaints regarding the performance of a guardian ad litem shall be submitted in writing to the Magistrate. The complaint must be signed and the name, address and telephone number of the complainant must be included with the complaint.

CRITICAL

Applies to

Prospective witness list

The State and Defendant must provide the Bailiff and the Judge a prospective-witness list one business day before trial, but may call an unlisted witness not reasonably anticipated to be needed.

The State and Defendant shall present a list of prospective witnesses to the Bailiff and the Judge one business day prior to commencement of trial. The parties shall not be prohibited from calling witnesses not on the list that were not reasonably anticipated to be needed to testify prior to the trial.

CRITICALCivil cases

Applies to

Affidavit

The affidavit includes a notarial jurat for the affiant to swear and subscribe before a notary.

Sworn and subscribed to me this ___________ day of _______________________, 20___.

CRITICAL

Applies to

Electronically filed document

Must include

caption, case number

Each document must identify the case, describe the pleading, and indicate its place in any multi-document filing.

Each document must contain the case caption, case number, description of the pleading and identify what part of the filing it represents (e.g., part 2 of 3, document 3 of 4 etc.).

CRITICAL

Applies to

Guardian ad litem training evidence

Each guardian ad litem must provide the Court evidence of training and continuing education; failure to do so results in removal from the approved list until the documentation is provided.

Each guardian ad litem is responsible for providing the Court with evidence of his or her training and continuing education courses. Failure to provide this documentation shall result in removal of that person from the list of approved guardians ad litem until it is provided.

CRITICAL

Applies to

Default judgment motion

A default judgment on a note, negotiable instrument, or account requires satisfactory proof showing the original creditor, debtor, and terms, attached to the complaint or motion or provided at the hearing.

The Court will not grant a default judgment seeking recovery on a promissory note, negotiable instrument or an account unless satisfactory proof of the actual note, instrument or statement of account showing the original creditor, debtor and terms thereof is attached to the complaint or motion, or is provided at the hearing on the motion.

CRITICAL

Applies to

Fax or email filing source document

A filer using fax or email must retain the source document through the end of all post-judgment relief opportunities and produce it if the court requests it.

The person filing by facsimile or e-mail transmission shall not file the source document with the Clerk of Courts, but shall retain it until the case is closed and all opportunities for post judgment relief have been exhausted or elapsed, and have it available for production on request by the court.

CRITICAL

Applies to

Default judgment hearing

At a hearing on unliquidated damages, plaintiff’s trial counsel must attend and present evidence, including the listed matters the Court will consider.

The Plaintiff’s trial counsel must be present at the hearing to present evidence of said damages. At the hearing the Court shall consider the following: 1. Perfection of service of the complaint by plaintiff or counsel; 2. Defendant's failure to answer or appear within twenty-eight (28) days of service; 3. Evidence of damages either by verified pleadings by plaintiff, or testimony of plaintiff, together with any exhibits properly appended to pleadings or affidavit, or introduced and accepted at hearing; 4. Report from expert stating opinion as to proximate cause of injury; 5. Report from expert stating opinion as to present value of damages sought;

CRITICALCivil cases

Applies to

Affidavit

The affidavit must include the affiant’s statement that the information is complete and accurate to the best of the affiant’s belief under penalty of law.

Affiant(s) states this information to be complete and accurate to the best of his/her belief under penalty of law.

CRITICAL

Applies to

Petition for dissolution

An unrepresented petitioner in a dissolution must include or file a waiver of attorney with the petition.

17.3 A waiver of attorney for an unrepresented petitioner in a dissolution shall be included in or filed with the petition.

CRITICALCivil cases

Applies to

Affidavit

The affidavit includes a notarial jurat for the affiant to swear and subscribe before a notary.

Sworn to before me and subscribed in my presence this ____ day of ____________, 200___, at ________________, Ohio.

CRITICAL

Applies to

Disclosure statement

The defendant or respondent shall file a disclosure statement signed by the

The defendant or respondent shall file a disclosure statement signed by the

CRITICAL

Applies to

Motion to show cause for support nonpayment

A support-nonpayment contempt motion must state specified order, time, payment, and arrearage information and attach a certified CSEA record supporting the arrearage.

Motions to show cause pertaining to non-payment of child or spousal support shall also state: 1. The date of the last order of support; 2. The amount of said order; 3. The total elapsed time from the date of the order to the date of filing of the motion; 4. The amount which should have been paid and the amount which was actually paid during the period; and 5. The amount of arrearage supported by an attached certified CSEA record.

CRITICAL

Applies to

Motion

Motions for exclusive possession and their supporting memoranda and affidavits must detail ownership, marital-property status, and the parties’ past possession.

Motions for exclusive possession of marital premises, supporting memoranda, and affidavits in support shall set forth detailed information regarding the ownership of the property and whether it is marital or non-marital property as well as detailed information about the parties’ past possession of the property.

CRITICAL

Applies to

Order allocating parental rights

Each order allocating parental rights must have a copy of the court’s Appendix F parenting time schedule attached.

In all cases, the Court shall issue a parenting time schedule as set forth in the standard parenting time schedule of this court, Appendix F. A copy of this schedule shall be attached to all orders allocating parental rights.

CRITICAL

Applies to

Specific relief request

A request for specific relief before final judgment must be made in a separate pleading that clearly identifies the relief sought.

If a party is seeking specific relief prior to final judgment in a case, that relief shall be requested in a separate pleading (e.g., a motion) that clearly designates the requested relief.

CRITICAL

Applies to

Motion and supporting affidavits

Ex parte exclusive-possession orders for the marital residence are limited to domestic-violence cases or qualifying extended absences, and supporting motions and affidavits must detail ownership and whether the property is marital or non-marital.

18.6 Ex parte orders for exclusive possession of the marital residence shall not be granted except in cases of domestic violence or when the other party has not resided in the marital residence for an extended period of time, excluding time spent on military duty or working out of town. Motions and affidavits in support shall set forth detailed information regarding the ownership of the property and whether it is marital or non-marital property.

CRITICAL

Applies to

Fax or email filing cover page

Must include

caption, judge name, case number

A fax or email filing must include a cover page with the listed court, case, document, transmission, page-count, and filer information.

The person filing a document by facsimile or e-mail shall also provide a cover page containing the following information: 1. The name of the court; 2. The caption of the case; 3. The case number; 4. The assigned judge; 5. The title of the document being filed such as “answer”, “motion” etc. 6. The date of transmission; 7. The transmitting fax number or email address; 8. An indication of the number of pages included in the transmission, including the cover page; 9. The name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document.

CRITICAL

Applies to

Discovery response

A responding party must not file copies of the documents provided in response to discovery.

The responding party shall not file copies of the documents provided.

CRITICAL

Applies to

Complaint

The complaint must include a copy of the mortgage securing the promissory note.

A copy of the mortgage which secures the promissory note that is the subject of the action shall be attached to the complaint as required by Civil Rule 10(D).

CRITICAL

Applies to

Child support order

A child-support deviation entry must state the specific reasons for the deviation, and the guideline worksheet must be filed before the order is approved.

28.9 If there is a deviation in child support, the entry must set forth the specific reasons for the deviation and a child support worksheet showing the amount payable under the child support guidelines must be filed with the Court prior to approval of the order.

CRITICAL

Applies to

Entry confirming sale

The foreclosure party must submit the sale-confirmation and distribution entry to the court for approval, subject to the stated exception.

The entry confirming sale and ordering distribution of the proceeds of sale must be presented to the court for approval within fifteen (15) days of the sale date by the party granted the foreclosure unless exceptions to the proposed distribution have been filed.

CRITICAL

Applies to

Opposition

The opposing party must file counter affidavits and an opposition memorandum within fourteen days after service of the temporary-order motion.

The opposing party shall file any counter affidavits and memorandum in opposition to the motion, within fourteen days after the party has been served with the motion requesting temporary orders.

CRITICAL

Applies to

Order

When one party is to pay a debt but the other receives its bill, the order must require the recipient to provide the bill to the paying party immediately upon receipt.

If the debt or expense is to be paid by the opposing party and the other party receives the bill for that debt or expense, the order shall contain language that requires that party to provide the other with the bill immediately upon receipt.

CRITICAL

Applies to

Withdrawal entry

The Clerk or Sheriff may not withdraw property from sale without a court entry, except upon receipt of a U.S. Bankruptcy Court stay notice.

The Clerk or Sheriff is not authorized to withdraw the property from sale without an entry from this Court except in the case of receipt of a notice of stay from a U.S. Bankruptcy Court.

CRITICAL

When the assignment notice requires counsel or a party to appear, counsel may not be substituted or local counsel engaged for the motion without prior court approval, which will not be granted on the hearing date.

When the assignment notice states that counsel of record or a party must appear, a substitution of counsel or engagement of local counsel for the motion is not permitted without prior court approval. Approval will not be granted on the date of the hearing.

CRITICAL

Applies to

Default judgment motion

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

A proposed entry shall be submitted with the motion.

CRITICAL

Applies to

Qualified domestic relations order

When the parties agree to divide a pension or retirement program by QDRO, the parties and their counsel must sign and approve the original and any subsequent QDRO submitted to the court, unless the court waives the requirement.

Whenever the parties agree to divide a pension or retirement program by a QDRO, they and their counsel shall sign and approve the original of a QDRO submitted to the court, and shall sign and approve any subsequent QDRO submitted to the court, unless waived by the court.

CRITICAL

Applies to

Security deposit waiver or reduction request

A person seeking a security-deposit waiver or reduction must submit a written request to the Clerk, who must promptly deliver it to the appropriate judicial officer.

A person requesting waiver or reduction of the security deposit shall submit a written request with the proposed to the Clerk who will promptly deliver it to the Magistrate if it is a domestic relations proceeding or to the Judge if it is any other type of case.

CRITICAL

Applies to

Objection to magistrate decision

An objection to a Magistrate’s decision must comply with Civil Rule 53(D)(3) and specify its basis.

An objection to a decision of the Magistrate shall be filed in accordance with Civil Rule 53(D)(3) and shall state with specificity the basis for the objection.

CRITICAL

Applies to

Signed fax filing

A party filing 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.

CRITICAL

Applies to

Entry

Must include

caption, judge name, case number

An entry must include a caption listing all parties, the case number, the entry’s title, and the assigned judge’s name.

Entries shall contain a caption listing all parties, the case number, the title of the entry and the name of the judge to whom the case has been assigned.

CRITICAL

Applies to

Discovery motion

The motion must state the moving party’s efforts to resolve the issues before filing.

Any motion filed seeking enforcement of discovery requests, sanctions or protective orders shall set forth the efforts of the moving party to resolve the issues prior to the filing of the motion.

CRITICAL

Applies to

Final judgment entry

A final judgment entry must state that it is a final appealable order with no just cause for delay and require the Clerk to serve the judgment under Civil Rule 58(B).

Final judgment entries shall contain the language that it is a final appealable order and there is no just cause for delay. It shall also contain a provision requiring the Clerk of Courts to serve the judgment on the parties in the action pursuant to Civil Rule 58(B).

CRITICAL

Applies to

Proposed decree

A proposed decree of dissolution of marriage must be submitted to the Court before the final hearing.

28.6 A proposed decree of dissolution of marriage shall be submitted to the Court prior to final hearing.

CRITICAL

Applies to

Complaint

If the plaintiff is not the mortgagee named in the mortgage, copies of the mortgage assignments must be filed with the complaint, whether recorded or not.

If the Plaintiff is not the mortgagee named in the mortgage, the Plaintiff shall file copies of the assignments of the mortgage with the complaint whether or not the assignment has been recorded.

CRITICAL

Applies to

Motion to continue

A motion to continue because counsel must appear in another court must attach that court’s assignment notice, and the other court date must have been scheduled first.

No motion for continuance due to a conflict with counsel’s appearance being required in another court shall be granted unless there is attached to the motion a copy of the assignment notice for said court date, and that court date was scheduled prior to the scheduling of the date in this court.

CRITICAL

Applies to

Mediator report

At the conclusion of mediation, the Court must be informed whether mediation occurred or was terminated, the settlement status, party attendance, and any future sessions with their dates and times.

At the conclusion of the mediation and in compliance with R.C. 2710.06 the court shall be informed of the status of the mediation including without limitation all of the following: 1. Whether the mediation occurred or was terminated; 2. Whether a settlement was reached on some, all or none of the issues; 3. Attendance of the parties. 4. Future mediation session(s), including date and time.

CRITICAL

Applies to

Proposed entry

Opposing counsel who objects must mark the signature “subject to objection,” prepare and sign a separate entry, send both entries to prevailing counsel, and request a Court ruling within the stated period.

If the prevailing party prepares the necessary document as noted above but opposing counsel objects to the document as to form or because it does not accurately set forth the court’s decision, counsel shall indicate objections by affixing the words “subject to objection” under counsel’s signature. Counsel shall then prepare his or her own entry, sign it and submit the original to the prevailing attorney along with the entry previously submitted to him or her by the prevailing attorney and file a request for ruling on the entry with the Court within three (5) business days.

CRITICAL

Applies to

Post decree motion

A post-decree motion relying on class attendance within the preceding two years must state that fact and attach proof of attendance.

In post decree proceedings, attendance shall not be required if the parties have attended such a class within two years immediately preceding the filing of the post decree motion. However, that must be stated in the motion and proof of attendance attached.

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw as counsel must be filed in writing before the Court will consider it.

A motion to withdraw as counsel in any pending matter shall not be considered until filed in writing with the court.

CRITICAL

Applies to

Fax or email filing source document

A fax or email filer must sign the source document and, when filing without another person's signature after that person's approval, note the approval on the source document and initial it.

A person filing any pleading by facsimile or e-mail transmission shall sign the source document. If other persons have signed the document or approved its filing by telephone, email, fax or other means, the person that faxes the document without the signature of the other person shall note the approval on the source document and initial it.

CRITICAL

Applies to

Filing containing confidential exhibits

The filing party must specifically identify in the filing exhibits that are confidential, submitted for in camera review, or claimed not to be subject to public inspection.

If a pleading or document contains exhibits that are confidential, being submitted for an in camera review or otherwise claimed not to be subject to public inspection, the filing party shall specifically note that in the filing

CRITICAL

Applies to

Objection statement

A party objecting to an adverse party’s exhibit must file and serve a written Objection Statement no later than one day before trial, stating any authenticity objection and other admissibility grounds without argument or citation of authority.

No later than one day before trial, each party who objects to the admissibility of any adverse party’s exhibit shall file and serve a written Objection Statement regarding any challenged exhibits which shall state (a) whether the party objects to an exhibit’s authenticity, and (b) any other ground on which the party objects to that exhibit’s admissibility (without argument or citation of authority).

CRITICAL

Applies to

Show cause motion

A motion to show cause for unpaid medical bills must include a Movant-signed affidavit alleging the listed facts as applicable.

2. An Affidavit signed by the Movant alleging the following as applicable: a. Movant has sent copies of the bills to the ex-spouse and the dates sent, the bills were returned and the dates returned; c. Movant has sent bills to the ex-spouse and the ex-spouse has not paid or acknowledged receipt of the bills d. Movant has sent copies of the bills to the ex-spouse and the ex-spouse has refused payment; or e. Any other pertinent information

CRITICAL

Applies to

Discovery response

A party responding to a discovery request must file a notice of response.

When the party responds to the request, that party shall file a notice of response.

CRITICALCivil cases

Applies to

Financial affidavit

The affidavit must list each pension, retirement, and profit-sharing plan in which the filer has an interest, the employer or account location, and the plan’s value as of the affidavit date.

List all pension, retirement plans and profit sharing plans in which you have any interest, the employer or location of these accounts, and their value as of the date of this affidavit.

CRITICAL

Applies to

Motion

A motion or supporting memorandum must specify the relief sought, and its affidavit must state specific supporting facts.

The motion and/or memorandum in support shall state with particularity the specific relief sought and the affidavit shall state specific facts that support the motion.

CRITICAL

Applies to

Motion

The motion and affidavit must specifically state the cohabitation practice described in the rule.

The affidavit and motion shall state this practice with particularity.

CRITICAL

Applies to

Motion

A motion based on affidavit findings under Civil Rule 75(N) without a hearing must include an affidavit stating specific supporting facts.

If the motion is based upon findings made based upon affidavits submitted with a motion pursuant to Civil Rule 75(N) without hearing, the motion shall be accompanied by an affidavit setting forth specific facts in support of the motion.

CRITICAL

Applies to

Show cause motion

A motion to show cause concerning property or debt provisions must identify the specific property or debt and the efforts made to obtain the opposing party’s compliance.

31.8 Motions to show cause pertaining to property or debt provisions of an order shall state the specific property or debt in issue and the efforts made to obtain compliance with the order by the opposing party.

CRITICAL

Applies to

Continuance request

Continuance requests must be signed by trial counsel of record and, if the court requests or the rule requires, by the parties.

Requests for continuances shall be signed by trial counsel of record and if requested by the court or required by this rule, by the parties.

CRITICAL

Applies to

Release

The pension participant must sign any releases necessary to facilitate preparation of the QDRO.

The pension participant shall sign any releases necessary to facilitate drafting of the QDRO.

CRITICAL

A proposed entry shall be submitted with the motion.

A proposed entry shall be submitted with the motion.

CRITICAL

Applies to

Complaint classification form

The person completing a complaint’s classification form must certify whether the case was previously filed and dismissed.

The attorney or party completing the classification form upon the filing of a complaint shall certify as to whether the case had been filed previously and dismissed.

CRITICAL

Applies to

Discovery request service certification

Must include

certificate of service

The filing certifying service of a discovery request must include a certificate of service.

A document certifying that a discovery request has been served upon the opposing party shall be filed with a certificate of service.

CRITICAL

Applies to

Motion

Must include

proposed order

A party seeking summary judgment or default judgment must submit a proposed judgment entry with the motion.

The party seeking summary judgment or default judgment shall submit a proposed judgment entry with the motion.

CRITICAL

Applies to

Filing

A party’s Social Security number must not be included in any filing unless a statute directs otherwise.

The social security numbers of parties shall not be included on any filing, unless otherwise directed by statute.

CRITICAL

Applies to

Complaint

A preliminary judicial title report must be filed with the complaint.

A preliminary judicial title report or shall be filed with the complaint.

CRITICAL

Applies to

Final decree or entry designating parental rights

Final decrees or entries designating parental rights must prohibit establishing the children’s residency in another state unless a court order or signed party agreement authorizes it.

All final decrees or entries designating parental rights and responsibilities shall order the residential parent not to remove the children from the state of Ohio for the purpose of establishing residency for them in another state without either (1) a court order approving such change and establishing a parenting schedule or (2) an agreement signed by the parties.

CRITICAL

Applies to

Jury summons and questionnaire

A jury summons and questionnaire must be provided, and the summons must explain how and when to respond and the consequences of failing to comply.

There shall be a notice summoning a person to jury service and the questionnaire eliciting information regarding that person. The summons shall explain how and when the recipient must respond and the consequences of failure to comply with the summons.

CRITICAL

Applies to

Qualified domestic relations order

The QDRO must be prepared and submitted to the court with the final decree or as soon as possible afterward.

The QDRO shall be prepared and submitted to the court with the final decree, or as soon as possible thereafter.

CRITICAL

Applies to

Pleading

Pleadings must include the phone number of any unrepresented party.

Pleadings shall also contain the phone number of any unrepresented party.

CRITICAL

Applies to

Confidentiality agreement

Parties seeking confidentiality must advise the mediator as soon as practical before mediation, and all participants must execute any confidentiality agreement before mediation begins.

Parties desiring confidentiality of mediation communications shall advise the mediator as soon as practical prior to the mediation and all mediation participants shall execute any confidentiality agreement prior to the start of the mediation.

CRITICAL

Applies to

Court reporter appointment request

A party seeking stenographic recording must file a written request for appointment of a court reporter and present a proposed entry.

If a party desires to have the proceedings recorded by stenograph in addition to the digital recording, the party shall file a written request for appointment of a court reporter for that case and present a proposed entry.

CRITICAL

Applies to

Motion for specific relief

Must include

proposed order

A motion for specific relief must be accompanied by its proposed judgment entry or order.

Proposed judgment entries or orders shall be e-filed with all motions for specific relief.

CRITICAL

Applies to

Subpoena

The Clerk shall also accept any format for a subpoena that clearly states the following information: 1. Name of the Court 2. Case number and caption of the case 3. Date, time and place of appearance including full address of the Court 4. Name and address of witness including county of residence 5. Identification of documents or evidence to be produced 6. Identification of officer to serve said subpoena 7. Return of Service of the subpoena

The Clerk shall also accept any format for a subpoena that clearly states the following information: 1. Name of the Court 2. Case number and caption of the case 3. Date, time and place of appearance including full address of the Court 4. Name and address of witness including county of residence 5. Identification of documents or evidence to be produced 6. Identification of officer to serve said subpoena 7. Return of Service of the subpoena

CRITICAL

Applies to

Judgment entry

Unless the court directs otherwise, the prevailing party’s counsel or the prevailing self-represented party must prepare the judgment entry.

Unless the court designates otherwise, judgment entries shall be prepared by the counsel for the prevailing party or the self-represented party who prevails.

CRITICAL

Applies to

Complaint or petition

A case classification form must be filed with every complaint or petition.

The case classification form shall be filed with all complaints or petitions.

CRITICAL

Applies to

Motion

Motions, memoranda, and affidavits relying only on generalized or conclusory allegations will be denied without a hearing.

Motions, memoranda and affidavits that set forth only generalized or conclusory allegations shall be denied without hearing.

CRITICAL

Applies to

Mandatory disclosure

Each party to a pending divorce or legal separation shall within twenty-eight (28) days of the filing of an answer or counterclaim disclose to the opposing party the following information and documents: 1. All pension, retirement and/or profit-sharing plans including the most recent plan summary; 2. All COBRA benefits to which the other party may be entitled; 3. Copies of all real estate deeds and vehicle titles and registrations, unless already in the possession of the other party; 4. All appraisals of real estate or personal property in which the party holds an interest; 5. Copies of the last three years individual income tax returns unless already in the possession of the other party; 6. Documentary proof of current income from all sources including recent pay stubs and 7. Copies of the most recent statements for all bank accounts, IRA’s, pensions, retirement plans, profits sharing plans, stock accounts, mortgages, credit

Each party to a pending divorce or legal separation shall within twenty-eight (28) days of the filing of an answer or counterclaim disclose to the opposing party the following information and documents: 1. All pension, retirement and/or profit-sharing plans including the most recent plan summary; 2. All COBRA benefits to which the other party may be entitled; 3. Copies of all real estate deeds and vehicle titles and registrations, unless already in the possession of the other party; 4. All appraisals of real estate or personal property in which the party holds an interest; 5. Copies of the last three years individual income tax returns unless already in the possession of the other party; 6. Documentary proof of current income from all sources including recent pay stubs and 7. Copies of the most recent statements for all bank accounts, IRA’s, pensions, retirement plans, profits sharing plans, stock accounts, mortgages, credit

CRITICAL

Applies to

Proof of publication

Proof of payment must be filed with the newspaper's proof of publication.

Proof of payment shall be filed with the proof of publication by the newspaper publishing the notice.

CRITICAL

An objection to a Magistrate’s order must be made by a motion to set aside under Civil Rule 53(D)(2)(b), accompanied by a memorandum stating the grounds with particularity.

An objection to a Magistrate’s order must be by motion to set aside the order pursuant to Civil Rule 53(D)(2)(b). The motion must be accompanied by a memorandum stating with particularity the basis of the motion.

CRITICAL

Applies to

Admission request

An eligible applicant seeking admission to the Drug Court Docket must file a written request for admission.

An applicant who has been convicted of an offense that is eligible for the Drug Court Docket and desires to be accepted for that docket, will have to file a written request for admission into the program

CRITICAL

Applies to

Pleadings

In a case involving minor children, a UCCJA affidavit, Appendix D, or a form with the same information must be attached to the pleadings.

17.5 In a case involving minor children, a UCCJA affidavit, Appendix D or similar form containing the same information must be attached to the pleadings.

CRITICAL

Applies to

Title iv d services application

A child-support order cannot be granted until the proposed Obligee files an application for Title IV-D services through the specified agency.

Orders for child support shall not be granted until the proposed Obligee has filed an application for Title IV-D services through the Highland County Child Support Enforcement Agency as provided by R.C. 3125.36.

CRITICAL

Applies to

Discovery request

A party filing discovery requests must not file a copy of the discovery request with the Clerk.

Any party filing requests for discovery shall not file a copy of that document with the Clerk.

CRITICAL

Applies to

Motion for ex parte order allocating parental rights

For an ex parte order allocating parental rights, the supporting affidavits must show that immediate issuance is necessary to protect or serve the children’s best interests.

18.3 The Court will not generally issue ex parte orders allocating parental rights unless the affidavits filed in support of the motion demonstrate that immediate issuance of an order is necessary for the protection or best interests of the children.

CRITICAL

Applies to

Motion

All motions submitted shall be accompanied by a brief memorandum in support of the relief requested and a proposed entry.

All motions submitted shall be accompanied by a brief memorandum in support of the relief requested and a proposed entry.

CRITICAL

Applies to

Motion

A request for a nunc pro tunc or modifying entry after the sale-confirmation entry is filed must include a motion specifying the provisions to be corrected, filed with the proposed entry.

If a nunc pro tunc entry or an entry modifying a prior entry confirming sale and ordering proceeds distributed is requested after the entry confirming sale and ordering distribution of proceeds is filed, a motion requesting said entry stating with specificity the provisions to be corrected shall be filed with the proposed entry.

CRITICAL

Applies to

Fax or email filing

An exhibit that cannot be accurately transmitted with a fax or email filing must be replaced by an insert page describing the exhibit and why it is missing.

Each exhibit to a facsimile or email transmission produced that cannot be accurately transmitted due its size or any other reason must be replaced by an insert page describing the exhibit and explaining why it is missing.

CRITICAL

Applies to

Objection to magistrate decision

When filing objections, the movant must request a copy of the hearing compact disc.

The movant shall request a copy of a compact disc for the hearing when the objections are filed

CRITICAL

Applies to

Motion to set aside

When a motion challenges factual findings made after a hearing, the movant must file a transcript request with the motion and order a compact disc from the court reporter within five business days of filing the motion.

If the motion is based upon factual findings made after a hearing, the movant shall file with the motion a request for a transcript with the motion and order a compact disc of the recording of the hearing from the court reporter within five (5) business days of the filing of the motion.

CRITICAL

Applies to

Child support order

Child-support orders must address uninsured medical expenses, maintenance of children’s medical insurance, applicable cash-medical language, payment through Ohio Child Support Payment Central, and Appendix F standardized language.

Child Support orders shall include a provision for payment of all uninsured medical expenses and for the party with medical insurance covering the children to maintain it. If the parties do not have medical insurance for the child, it shall contain the cash medicals language required by law. Further, it must contain language requiring the payment of child support to be through the Ohio Child Support Payment Central and other standardized language for child support orders as set forth in Appendix F.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must include the affiant’s statement that its information is complete and accurate to the best of the affiant’s information, knowledge, or belief under penalty of law.

Affiant states that the information contained herein is complete and accurate to the best of his/her information, knowledge or belief under penalty of law.

CRITICAL

Applies to

Motion

A motion requesting a nunc pro tunc entry to modify an entry or judgment must identify the prior entry’s date and error and provide other information necessary for the court to decide whether to approve it.

10.6 The Court shall not approve a nunc pro tunc entry or an entry modifying a judgment unless there is a motion filed requesting the issuance of a nunc pro tunc entry that specifically sets forth the date of the prior entry being modified, the error in the prior entry, and any other information necessary for the Court to determine whether to approve the entry.

CRITICAL

Applies to

Default judgment motion

For a motion for default judgment involving liquidated damages, the Court considers service, failure to answer, supporting affidavits, related account documents, and the plaintiff’s standing.

The Court shall consider the following upon the filing of a motion for default: 1. Perfection of service as above; 2. Failure of defendant to answer as above; 3. Affidavits in support of the motion; 4. Copies of notes, statements of account or other documents relating thereto; 5. Standing of the Plaintiff to bring the action.

CRITICAL

Applies to

Complaint or motion

A specific written request for attorney fees must be included in the complaint or motion before the Court will grant them.

Attorney fees will not be granted unless there has been a specific written request therefore made in the complaint or motion being determined by the Court.

CRITICAL

Applies to

Joint settlement entry

When mediation resolves some but not all issues, the parties must submit a joint entry listing resolved and disputed issues within five business days after mediation terminates.

If some, but not all, issues in the case are settled during mediation, then the parties shall submit a joint entry to the court listing the issues settled and that remain disputed within 5 business days of the termination of the mediation.

CRITICAL

Applies to

Motion to modify previous order

A motion to modify a prior order must identify the order date and provision, specify the requested modification, and state its factual and legal basis.

All motions to modify previous court orders shall state the date of the prior order for which a modification is sought, shall state with particularity the specific provision of said order for which modification is being requested, shall state with particularity the requested modification and shall contain a statement of the facts and legal basis for the modification.

CRITICAL

Applies to

Instructional letter

At filing, the Clerk of Courts must provide counsel a copy of the instructional letter for delivery to the plaintiff, movant, or self-represented parties.

At the time of filing, the Clerk of Courts shall provide a copy of the instructional letter to counsel for delivery to the plaintiff, movant or to self-represented parties.

CRITICAL

Applies to

Mediation case summary

Attorneys must submit a Mediation Case Summary to the mediator covering material facts, legal issues, discovery status, special damages and injuries, and settlement attempts, demands, and offers.

Attorneys shall submit a “Mediation Case Summary” to the mediator which shall contain the following: 1. Summary of material facts. 2. Summary of legal issues. 3. Status of discovery. 4. List of special damages and summaries of injuries 5. Settlement attempts to date, including demands and offers.

CRITICAL

Applies to

Legal description

A legal description of Highland County real estate intended for incorporation into a recording entry must be reviewed by the Highland County Tax Map Department before submission to the court for approval.

Any legal description of Highland County real estate that is incorporated into an entry for recording purposes must be reviewed by the Highland County Tax Map Department prior to submission to the Court for approval.

CRITICAL

Applies to

Joint motion to modify

An agreed modification requires filing a joint motion signed by both parties and acknowledged before a notary public.

If the parties agree to a modification, a joint motion to modify signed by both parties and acknowledged before a notary public shall be filed.

CRITICAL

Applies to

Complaint

Every complaint for divorce, spousal support, or legal separation must have the Court-prescribed Appendix C financial disclosure statement signed by the plaintiff attached.

A financial disclosure statement as prescribed by the Court, Appendix C signed by the plaintiff, shall be attached to every complaint for divorce, spousal support or legal separation.

CRITICAL

Applies to

Scheduling order

All scheduling orders must include the standing trial management order by reference.

11.3 A copy of the standing trial management order, a copy of which is attached hereto as Appendix B shall be included by reference in all scheduling orders.

CRITICAL

Applies to

Pre sentence investigation report

The applicant must have a pre-sentence investigation report completed by the County Probation Department, including an ORAS and a substance abuse assessment.

have a pre-sentence investigation report completed by the County Probation Department which will include an Ohio Risk Assessment Score (ORAS) and a substance abuse assessment.

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem report must include the specified warning; the excerpt ends before the warning is complete.

The report shall include the following warning: “The guardian ad litem has provided this report in accordance with the Rules of Superintendence for the Courts of Ohio. Any party receiving a copy of this report may not disclose this report or its contents without the written permission of the court. Unauthorized disclosure of the report or its contents may be subject to court sanction including penalties for contempt which could

CRITICAL

Applies to

Guardian ad litem resume

A person seeking approval as a guardian ad litem must submit a resume.

Any person seeking to be approved for appointment as a guardian ad litem shall submit a resume setting forth the applicant’s training, experience and expertise demonstrating the ability to successfully perform the duties of guardian ad litem.

CRITICAL

Applies to

Petition for dissolution

A waiver of service of process on the parties must be filed with a petition for dissolution.

17.4 A waiver of service of process on the parties shall be filed with a petition of dissolution.

CRITICAL

Applies to

Subpoena praecipe

A subpoena praecipe must be filed with a completed original subpoena and two copies for each person named, in a Clerk-approved form.

In all hearings, trials, examinations, depositions, productions of documents or evidence, and any other proceedings in any case pending in this court, the party or attorney filing a precipe for the issuance of any type of subpoena by the Clerk of Courts, shall be required to present to the Clerk of Courts at the time of the filing of the precipe, a completed original subpoena and two (2) copies thereof for each person designated in the subpoena to be issued in a form approved by the Clerk.

CRITICAL

Applies to

Jury questionnaire

Jury questionnaires may request only information essential to determining eligibility for jury service.

The questionnaire shall request only that information essential for determining whether a person meets the criteria for eligibility.

CRITICAL

Applies to

Complaint

A copy of the promissory note which is the subject of the action shall be filed with the complaint as required by Civil Rule 10(D).

A copy of the promissory note which is the subject of the action shall be filed with the complaint as required by Civil Rule 10(D).

CRITICAL

Applies to

Qualified domestic relations order

Unless otherwise agreed, counsel for the alternate payee must prepare the QDRO for submission to the court.

Unless otherwise agreed, counsel for the alternate payee entitled to a portion of the other spouse’s pension or retirement plan shall prepare the QDRO for submission to the court.

CRITICAL

Applies to

Judgment entry

The submission for signature must include notice that the entry will be offered to the court on the fifth business day after submission.

Entries shall be submitted to opposing counsel or to a self-represented party for signature within five (5) business days of the court’s decision, along with notice that the entry will be offered to the court on the fifth business day after the proposed entry is submitted.

CRITICAL

Applies to

Pleading requiring service

When an action is commenced by e-filing or a pleading requiring service is filed in an open case, a request for service and service instructions must be filed with it.

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

CRITICAL

Applies to

Summary judgment motion

A summary-judgment motion must include a supporting memorandum and permitted supporting materials, and attach copies of cited documents and cited deposition transcript pages.

All motions for summary judgment shall be accompanied by a memorandum in support of the motion and supporting affidavit or other documents permitted by Civil Rule 56. The movant shall attach to the motion copies of all documents referred to in the motion or memorandum in support along with copies of the pages of transcripts of depositions of witnesses referred to in the memorandum.

CRITICAL

Applies to

Notice of publication

The party granted foreclosure must prepare the publication notice and pay the newspaper directly before the sale date.

The party granted foreclosure shall prepare the notice of publication and pay the newspaper directly for that cost prior to the sale date.

CRITICAL

Applies to

Pleading

Pleadings must include the specified contact details for the filing attorney or self-represented party.

The name, address, telephone number, fax number, email address and attorney registration number of the attorney shall also be on all pleadings filed with the Clerk. Self-represented parties shall include their address, telephone number, fax number and email address on the pleading.

CRITICAL

Applies to

Petition for dissolution

Both parties to a dissolution must sign Appendix C and attach it to the petition.

Both parties to a dissolution proceeding shall sign Appendix C and attach it to the petition for dissolution.

CRITICAL

Applies to

Motion for ex parte order

An ex parte motion must include a sworn affidavit with specific facts supporting immediate court intervention; conclusory affidavits alone are insufficient.

Motions for ex parte orders shall be filed pursuant to Civil Rule 75(N) and shall be accompanied by sworn affidavit that contains sufficient allegations of fact that support immediate intervention of the court by ex parte order. Ex parte orders shall not be issued based upon affidavits that contain mere conclusions of the affiant without specific factual allegations that will support the necessary findings by the court to issue such orders.

CRITICAL

Applies to

Order

Orders for marital debts and expenses must identify each party’s specific obligations; a general order requiring payment of all marital debts and expenses is prohibited.

Orders requiring payment of marital expenses and debts shall state with particularity the specific debts and expenses to be paid by each party to the action. A general order requiring payment of “all marital debts and expenses” shall not be issued.

CRITICAL

Applies to

Pre trial statement

Counsel must present a written pre-trial statement to the Court at the Final pre-trial conference.

Counsel must present the Court with a written pre-trial statement at the Final pre-trial conference.

CRITICAL

Applies to

Proposed entry

When opposing counsel does not respond, or prevailing counsel fails to prepare the document timely, counsel submitting the proposed entry must note the submission date and the lack of response on the non-responding counsel’s approval line.

28.3 If the prevailing party prepares the necessary document(s) as noted above but opposing counsel fails to respond with approval or objections, or if the prevailing party fails to timely prepare the necessary document as noted above, counsel shall submit the proposed entry to the Court with a notation on the line for approval by the non-responding counsel of the date that it was submitted and that the counsel did not respond.

CRITICAL

Applies to

Divorce or dissolution decree

If the parties divided and exchanged personal property before filing the divorce or dissolution decree, the decree must state, “All personal property has been divided and exchanged.”

If personal property has been divided and exchanged before the divorce or dissolution decree is filed, the decree shall include the following language: “All personal property has been divided and exchanged.”

CRITICAL

Applies to

Service of process

The Clerk of Courts must include the instructional letter with service of process in the specified actions and motions involving children.

An instructional letter shall be included by the Clerk of Courts with service of process in each action for divorce or legal separation in which there are minor children and in each post-decree motion involving visitation or reallocation of parental rights and responsibilities.

CRITICAL

Applies to

Opposition

The opposing party has fourteen days to respond with a memorandum and counter affidavits.

The opposing party shall have fourteen (14) days to respond with a memorandum and counter affidavits.

CRITICAL

Applies to

Proposed entry

Must include

proposed order

The foreclosure party must present a proposed entry staying the case when a stay notice is received.

If a notice of a stay is received, the party granted the foreclosure shall present a proposed entry staying the case to the court within seven (7) business days of the filing of the notice of stay with the Clerk of Court.

CRITICAL

Applies to

Refiled complaint

A complaint refiled after dismissal under Civ. R. 41 must state “This is a refiled case” under the case number and provide the previous case number.

If the case was previously dismissed under Civ. R. 41, then, under the case number, the re-filed complaint shall contain the statement: “This is a refiled case”, and shall state the number of the previous case.

CRITICAL

Applies to

Continuance entry

An entry submitted for granting a continuance must state that speedy-trial time is extended and charged to the defendant.

the entry submitted for granting of the continuance must state that the speedy trial time is extended and time charged to the defendant.

CRITICAL

Applies to

Settlement agreement

For a qualifying settlement reached before the final hearing or pre-trial, the parties must prepare and sign the applicable written agreement and submit it with a proposed entry at the hearing.

27.1 If the parties reach a settlement agreement prior to the date of the final hearing or pre- trial, the parties shall prepare a written separation agreement and/or shared parenting plan if applicable in the case of a divorce or legal separation proceeding, a shared parenting plan or other agreement for post decree motion and submit it to the Court at the hearing together with a proposed entry. The agreement shall be signed by both parties.

CRITICALCivil cases

Applies to

Financial affidavit

The affidavit must disclose other income sources, including the listed benefits, payments, and investment income.

All other sources of income including Social Security, Worker’s Compensation, commissions, disability benefits, trust payments, unemployment, pensions, investments, dividends, interest etc.

CRITICAL

Applies to

Jury questionnaire copies

Counsel receive jury questionnaire copies before trial, must return all copies after jury selection, and may not distribute them to others.

Copies of jury questionnaires will be provided to counsel prior to the day of trial. They shall be returned to the Court upon completion of jury selection. Any copies made shall be returned as well. Counsel may not distribute copies of the questionnaire to any other persons.

CRITICAL

Applies to

Qualified domestic relations order

A QDRO must first be submitted to the plan administrator for approval, and the approval must be presented to the court with the entry.

All QDRO’s shall be first submitted to the plan administrator for approval which shall be presented to the Court with the entry.

CRITICAL

Applies to

Hearing transcript

The hearing transcript must be transcribed by a court reporter approved by the Court.

transcribed by a court reporter approved by this Court.

CRITICAL

Applies to

Motion to show cause for contempt

A contempt motion must identify the order date and provision, state the noncompliance facts, and include an affidavit from a party or hearing witness; a party’s attorney may submit an affidavit only for an attorney-fee nonpayment allegation.

Any motion to show cause why a party should be held in contempt shall: 1. State the date and specific provision of the order that is the basis of the allegation of contempt. 2. State the facts constituting the alleged non-compliance. 3. Be supported by affidavit by a party to the action or by a person who will be a witness at the hearing on the motion. Attorneys that are representing parties shall not submit affidavits in support of motions except in cases in which the allegation is a failure to pay attorney fees.

CRITICAL

Applies to

Efiling pleading or document

A filer seeking to avoid payment must submit a notarized poverty affidavit and motion to waive the deposit or fee with the e-filing.

The e-filing function of the case management system will not accept filing without payment of the required deposit or fee unless a notarized poverty affidavit and motion to waive the payment of a deposit or fee is filed with the e-filing pleading or document.

CRITICAL

Applies to

Notice of filing

The public case file must contain a Notice of Filing, signed by the Clerk or designee, identifying the family-file document and its filing date.

32.6 The public case file shall contain, in place of the document contained in the family file, a Notice of Filing signed by the Clerk or designee reflecting the filing of the document maintained in the family file and the date thereof.

CRITICAL

Applies to

Motion to modify child support

A motion objecting to a Highland County CSEA administrative child-support determination must specify the objections and errors, attach the determination, and include a proposed worksheet for the amount claimed, if any.

Motions to modify child support orders that are objecting to an administrative determination of child support by the Highland County CSEA shall specify the exact objections, and shall have a copy of the administrative determination attached. The movant shall state with particularity the claimed errors made in the administrative proceeding and shall include a proposed child support worksheet for the amount that the movant claims should be ordered if any.

CRITICAL

Applies to

Motion

A motion must include a child-support worksheet and an affidavit supporting the information in the worksheet.

A child support worksheet must be attached to the motion together with an affidavit supporting the information set forth in the worksheet.

CRITICAL

Applies to

Instructional letter

Counsel filing a dissolution action must provide both parents a copy of the instructional letter.

Counsel filing dissolution of marriage actions shall provide a copy of the instructional letter to both parents to the action.

WARNING

Applies to

Family file inspection motion

People other than the parties, their attorneys, or a Guardian Ad Litem may inspect a family file only upon motion to the Court and a showing of good cause.

Inspection of family files may be permitted by others upon motion to the Court and for good cause shown.

WARNING

Applies to

Motion to withdraw as counsel

Written client consent included with the motion eliminates the hearing requirement; otherwise, the Court will set a hearing.

If the client consents in writing to the motion to withdraw, no hearing shall be required. If written consent is not included with the motion, the Court will set the matter for hearing.

WARNING

Applies to

Pleading

A pleading must not include a party’s Social Security number unless law specifically authorizes or requires it.

Pleadings shall not include the Social Security Number of any party unless specifically authorized or required by law.

WARNING

Applies to

Settlement agreement

An agreement reached on the hearing date is binding and incorporated into an order if it is read into the record and approved by each party and the Court.

27.2 If the parties reach an agreement on the day of a hearing and it is read into the record and approved by each of the parties and the Court, said agreement shall be binding upon the parties and the Court will enter an order incorporating said agreement.

WARNING

Applies to

Affidavit

The attorney-fee affidavit should be offered as an exhibit at the final hearing.

The affidavit should be offered as an exhibit at the final hearing.

WARNING

Applies to

Affidavit

A party using an affidavit instead of expert testimony on the reasonableness and necessity of fees may submit one stating the attorney’s qualifications and hourly rate, itemized services, and estimates of remaining preparation and hearing-attendance time.

As an alternative to retaining an expert to testify at the final hearing on the issue of reasonableness and necessity of legal services, the party requesting fees may submit an affidavit to opposing counsel or self-represented party setting forth qualifications of the requesting party’s attorney, the hourly rate of the attorney, and an itemized statement of the services rendered, with an estimate of the remaining preparation time and time required for attendance to the final hearing.

WARNING

Applies to

Supporting affidavit

The court will not consider supporting affidavits for temporary-order motions filed by attorneys who are counsel in the proceeding.

Affidavits in support of motions for temporary orders filed by attorneys that are counsel in the proceeding shall not be considered by the court.

WARNING

Applies to

Written objections

If the opposing party does not file written objections, the proponent’s entry will be treated as approved.

28.4 Failure of the opposing party to file written objections will be construed as approval to the filing of the proponent’s entry.

WARNING

Applies to

Temporary order

When the parties are cohabitating when the motion is filed, the temporary order will designate both as residential parents and continue the pre-filing child-support arrangement.

If the parties are cohabitating at the time of the filing of a motion for temporary allocation of parental rights, the Court will issue a temporary order designating both parties as residential parent and ordering the parties to pay for the support of the children in the same manner as they had been immediately prior to the filing of the action.

WARNING

Applies to

Complaint disposition notice

The complainant must be notified in writing of the complaint’s disposition.

The complainant shall be notified in writing of the disposition of the complaint.

WARNING

Applies to

Default judgment hearing

A trial counsel’s failure to appear may result in sanctions, including denial of the motion.

Failure of trial counsel to appear may result in sanctions including denial of the motion.

INFO

Applies to

Court reporter list application

A person seeking placement on the approved reporter or transcriptionist list may file an application letter describing their training, education, and experience.

Anyone desiring to be placed on that list may file an application letter with the Court setting forth the applicant’s training, education and experience.