Huron County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Evidence of title

The title evidence must contain the specified ownership and recording information, but the court may permit a qualified alternative preparer for good cause, and certified or photostatic copies may be filed instead of the original.

In actions to quiet title, partition and for the marshaling and foreclosure of liens on real property and except those involving foreclosure of real property for delinquent land taxes by In Rem proceedings under Section 5721.18, the attorney for the plaintiff shall procure and file with the Clerk, within thirty (30) days after the filing of the complaint, evidence of the state of the record title to the premises in question including the name of the owners of the property to be sold and a reference to the volume and page of the recording of the next preceding recorded instrument by or through which the owners claim title as the same shall have been prepared and extended by a responsible title and abstract company to a date not over thirty (30) days prior to the filing of the complaint. The Court may, however, upon motion and notice to all interested parties and for good cause shown, permit such evidence of title to be prepared by any qualified person of recognized good standing. A true copy certified by the attorney or a photostatic copy of the original evidence of title may be filed with the Clerk in lieu of such original.

CRITICAL

Applies to

Qdro

When the parties agree to divide pension or retirement benefits by QDRO or another entry, the parties or counsel must sign and approve the submitted entry and any later entry unless the Court specifically waives that requirement.

Whenever the parties have agreed to a division of a pension or retirement benefits by QDRO or other appropriate entry, the parties or their counsel shall sign and approve the QDRO or other appropriate entry submitted to the Court and shall sign and approve any subsequent (QDRO) or other appropriate entry submitted to the Court, unless this requirement specifically has been waived by the Court.

CRITICAL

Applies to

Pretrial motion

The moving party must state the oral hearing's date and time in the motion caption or prepare a separate notice of hearing.

The moving party shall note the hearing date and time of the oral hearing in the caption of th emotion or shall prepare a separate notice of hearing.

CRITICAL

Applies to

Expert witness disclosure

The parties must disclose to each other and file with the Court the identifying information and subject area of expected expert witnesses 90 days before trial.

Ninety (90) days before trial Plaintiff(s) and Defendant(s) shall DISCLOSE to each other and file with the Court the name, address and subject area of EXPERT WITNESSES expected to testify at trial.

CRITICAL

Applies to

Fax filing source document

A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

CRITICAL

Applies to

Temporary orders response

A defendant responding to a proposal for temporary orders must file the specified income, expense, and property affidavit or affidavits with the Clerk.

If responding to a proposal for temporary orders, the defendant shall file within fourteen (14) days with the Clerk the following: 1. Affidavit of Income, Expenses and Property (Court Form 2) or, if Court Form 2 is not utilized, Affidavit of Income and Expenses (Uniform Domestic Relations Form-Affidavit 1) AND Affidavit of Property (Uniform Domestic Relations Form-Affidavit 2);

CRITICAL

Applies to

Uncontested case filing

An uncontested case must be filed with a separation agreement signed by both parties.

Cases proceeding as uncontested must have a separation agreement signed by both parties at the time of filing.

CRITICAL

Applies to

Poverty affidavit

A poverty affidavit filed instead of a cash deposit must state the reasons the filer cannot prepay costs.

A poverty affidavit filed in lieu of a cash deposit must state the reasons for the inability to prepay costs

CRITICAL

Applies to

Home study or psychological evaluation report

The appointed person or entity must forward any report to the Clerk, who files it under seal and notes the filing on the docket.

The persons or entity appointed to conduct the home study or psychological evaluation shall forward a copy of any report to the Clerk of Courts, who shall file the report under seal and note the filing thereof on the docket.

CRITICAL

Applies to

Order of appointment

The appointment order must grant the Custody Evaluator access to information as authorized in the appointment.

The Order or Appointment shall grant the Custody Evaluator the right to access information as authorized in the appointment.

CRITICAL

Applies to

Extension motion

Each extension motion must be written, state the number of prior extensions granted, and be accompanied by an entry.

Each motion for an extension shall be in writing and shall state the number of prior extensions granted. An entry shall accompany each motion.

CRITICAL

Applies to

Continuance motion

All motions for a continuance shall be accompanied by a proposed journal entry ordering the reassignment of said case for a date certain.

All motions for a continuance shall be accompanied by a proposed journal entry ordering the reassignment of said case for a date certain.

CRITICAL

Applies to

Continuance motion

When a continuance for a trial is requested, the moving party shall file the motion and judgment entry for continuance, reflect whether opposing counsel agrees or objects, then file the motion with the Clerk of Court’s office.

When a continuance for a trial is requested, the moving party shall file the motion and judgment entry for continuance, reflect whether opposing counsel agrees or objects, then file the motion with the Clerk of Court’s office.

CRITICAL

Applies to

Motion to seal

A motion to seal records must include the defendant’s date of birth and social security number.

35.20 - Sealing of Record - Motions for Sealing of Records shall include date of birth and social security number of the defendant.

CRITICAL

Applies to

Continuing education training list

The annual continuing education list must identify each training by name, title, date, and location.

The list shall include the name, title, date, and location of each education training.

CRITICAL

Applies to

Judgment entry

The Judgment Entry must require the bankruptcy-filing party to notify the court of relief from stay within seven days after it is granted.

The Judgment Entry shall also include a requirement that the party filing bankruptcy shall notify this Court of any relief from stay within seven (7) days of the date the relief from stay is granted.

CRITICAL

Applies to

Original pleading

Original pleadings must include the current address of every party, and a post-judgment motion is treated as an original pleading for this purpose.

2. The current address of all parties to the action shall be included on the original pleadings. A post judgment motion for purposes of this rule shall be considered an original pleadings.

CRITICAL

Applies to

Pleading motion or memorandum

The covered filing must identify counsel by name, address, telephone number, and Supreme Court registration number, and identify the responsible attorney when counsel is a firm.

1. Name, address, telephone number and Supreme Court registration number of counsel. If counsel is a firm of attorneys, the attorney having primary responsibility for the case shall be indicated thereon.

CRITICAL

Applies to

Final judgment entry

Unless the Court excuses the parties, the final judgment entry cannot be granted until the class attendance certificate is filed with the Clerk of Courts.

Unless the parties have been excused by the Court from attending the parenting class, a final Judgment Entry of divorce, dissolutions or legal separation shall not be granted until a Certificate of Attendance at such class has been filed with the Clerk of Courts.

CRITICAL

Applies to

Jury view request

Counsel requesting a jury view must notify the Sheriff in writing seven days before trial and deposit $50 with the Clerk of Courts for transportation costs.

Counsel so requesting shall inform the Sheriff in writing seven (7) days before trial and deposit fifty dollars ($50.00) with the Clerk of Courts, which will be applied to transportation costs.

CRITICAL

Applies to

First pleading adding new party

When a party is added after a case begins, the caption of the first relevant pleading must state the new party’s name and address and designate the party as a new plaintiff or defendant.

15.03 -New Parties Added - When a new party plaintiff or defendant is added to a case after the commencement thereof, the caption of the first pleading in which or after which such new party is added shall contain the name of such new party, together with his or its address followed by the specific designation of “new party plaintiff” or “new party defendant” as is applicable.

CRITICAL

Applies to

Title work cost statement

A statement of title-work costs and the Judicial Report premium must be filed with the Clerk before sale confirmation.

A statement of the costs for the title work and the Judicial Report premium shall be filed with the Clerk before the sale will be confirmed.

CRITICAL

Applies to

Report and award

The Report and Award must be signed by every Board member.

The Report and Award shall be signed by all of the members of the Board.

CRITICAL

Applies to

Pretrial motion

The moving party must file a supporting memorandum that includes supporting authorities.

The moving party shall file a memorandum in support of the motion, including authorities in support of the motion.

CRITICAL

Applies to

Petition

A petition seeking protection for a minor or temporary custody of a child must include a Parenting Proceeding Affidavit using the specified form.

In cases in which protection is sought for any minor child or in which temporary custody of a child is sought, the petition must be accompanied by a Parenting Proceeding Affidavit (Uniform Domestic Relations Form- Affidavit 3 or Local Court Form #4).

CRITICAL

Applies to

Temporary orders response

When the parties have minor children who are not subject to another court’s orders, the responding filing party must file the specified health insurance and parenting proceeding affidavits.

If the parties have minor children who are not subject to the orders of another court, the responding filing party also shall file the following: 3. Health Insurance Affidavit (Court Form 2A or Uniform Domestic Relations Form - Affidavit 4); 4. Parenting Proceeding Affidavit (Court Form 4 or Uniform Domestic Relations Form- Affidavit 3).

CRITICAL

Applies to

Complaint

The complaint must state the minor child's last four Social Security number digits and date of birth.

The last 4 digits of the social security number and date of birth of the minor child (ren) shall appear in the complaint.

CRITICAL

Applies to

Journal entry

Unless the trial Judge directs otherwise, prevailing-party counsel must prepare the proper journal entry and submit it to adverse counsel for approval or rejection.

Unless the trial Judge otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered, shall within five (5) days thereafter prepare the proper journal entry, and submit it to the counsel for the adverse party, who shall approve or reject

CRITICAL

Applies to

Continuance motion

Proof of the attorney's prior Continuing Legal Education commitment must be attached to the continuance motion.

proof of such prior commitment shall be attached to the motion for continuance

CRITICAL

Applies to

Genetic testing relationship report

The CSEA, approved examiner, or party receiving the results must forward the relationship report to the Clerk, who files it under seal and notes the filing on the docket.

The Huron County CSEA, the approved qualified examiner, or the party receiving the test results shall forward a copy of the genetic testing relationship report to the Clerk of Courts, who shall file the report under seal and note the filing thereof on the docket.

CRITICAL

Applies to

Change of address notice

Counsel must file written notice of any address change with the Clerk of Court's Office.

Counsel shall file with the Clerk of Court’s Office written notice of any change of address.

CRITICAL

Applies to

Notice

The notice served on the defendant must state: “Warning. You have fourteen (14) days to complete and file the following forms.”

5. Notice stating, “Warning. You have fourteen (14) days to complete and file the following forms.”

CRITICAL

Applies to

Bankruptcy notice

Must include

case number

The bankruptcy notice must include the case number, filing date, and an estimate of when the bankruptcy will be resolved or relief from stay will be obtained.

In the event any party to a proceeding in this Court files bankruptcy proceedings in the Federal Court which causes an automatic stay of the proceedings in this Court, the party filings the bankruptcy shall cause notice of that bankruptcy, including the case number and date of filing, to be submitted to this Court a the earliest possible time, but not to exceed seven (7) days after the date of filing. See, Appendix “G”. The notice shall include an estimate as to the time for resolution of the bankruptcy or relief from stay required before the case can continue in this Court.

CRITICAL

Applies to

Order of appointment

A custody evaluator's appointment must be made by an Order of Appointment.

The appointment of a Custody Evaluator shall be made by an Order of Appointment.

CRITICAL

Applies to

Original pleading

Original pleadings must include the current address of every party, and a post-judgment motion is treated as an original pleading for this requirement.

The current address of all parties to the action shall be included on the original pleadings. A post judgment motion for purposes of this rule shall be considered an original pleadings.

CRITICAL

Applies to

Notice

The notice served on the defendant must state that the defendant has fourteen days to complete and attach the forms.

5. Notice stating, “Warning. You have fourteen (14) days to complete and attach the following forms.”

CRITICAL

Applies to

Interrogatory response

A party responding to interrogatories must file a certification that the answers were served on the adverse party.

The party responding shall file with the Court a certification that answers to interrogatories have been served on the adverse party.

CRITICAL

Applies to

Motion

For other criminal motions, the moving party must file and serve a notice of hearing, the motion, and a supporting memorandum of authorities.

The moving party shall file with the Court and serve on the opposing party a Notice of Hearing together with the motion and a memorandum of authorities in support of the motion.

CRITICAL

Applies to

Fax filing cover page

Every fax filing must include a cover page with the court and case details, document title, transmission date and fax number, page count, filer’s contact information, and an explanation of how costs are being submitted.

All fax filings shall be submitted to the Clerk of Courts (419-663-4048) and provide a cover page containing the following information: 1. the name of the court; 2. the title of the case, case number (if known); 3. the title of the document being filed; 4. the date of the transmission; 5. the transmitting fax number; 6. the number of pages including the cover page; 7. the name, address, telephone number of the person filing the fax document; 8. a statement explaining how costs are being submitted.

CRITICAL

Applies to

Fax filing

A fax filing received by the Clerk is treated as an original signed document, and no subsequent original is required.

16.05 - Signature - Fax filings received by the Clerk of Courts are considered to be an original, signed document and need not be followed by an original.

CRITICAL

Applies to

Order of appointment

The Order of Appointment must require parties to cooperate fully and promptly provide requested information to the Custody Evaluator.

The Order of Appointment shall require the parties to fully cooperate with the Custody Evaluator and provide the Custody Evaluator information promptly, when requested.

CRITICAL

Applies to

Final judgment entry

Unless the Court excuses the children, the final judgment entry cannot be granted until an attendance certificate for each child is filed with the Clerk of Courts.

Unless the parties’ children have been excused by the Court from attending the K.I.D.D.S. (Kids’ Information in Dealing with Divorce Stress) Class, a final judgment entry granting a divorce, dissolution or legal separation shall not be granted until a certificate of attendance for each child has been filed with the Clerk of Courts.

CRITICAL

Applies to

Opening statement

Counsel may not refer in opening statement to a witness who was not disclosed as required.

COUNSEL SHALL NOT MAKE REFERENCE IN OPENING STATEMENT TO A WITNESS NOT SO DISCLOSED.

CRITICAL

Applies to

Written findings of fact

When referring a case involving domestic violence to mediation, the Judge or Magistrate must issue written findings of fact.

The Judge or Magistrate shall issue written findings of fact, as required by R.C. 3109.052, when referring cases involving domestic violence to mediation pursuant to this rule.

CRITICAL

Applies to

Precipe

The moving party shall also provide a precipe to the Clerk for service as follows:

The moving party shall also provide a precipe to the Clerk for service as follows:

CRITICAL

Applies to

Motion

A request for an oral hearing on temporary orders must be made by motion and comply with the applicable civil rules.

The request for oral hearing on temporary orders shall be made by motion and comply with all applicable civil rules.

CRITICAL

Applies to

Written notification to court

Custody Evaluators must immediately notify the Court in writing of any listed contact, licensure, disciplinary, criminal, or protection-order event.

A Custody Evaluator shall immediately notify the Court, in writing, if any of the following occur: • A change of business address, telephone number, or email address; • A change in licensure status, including disciplinary actions; • A pending professional disciplinary action; • An arrest, indictment, plea or guilty, or conviction for any criminal offense involving any action that resulted in a child being abused or neglected; • A violation of R.C. 2919.25; • A sexually oriented offense involving a child; • A civil protection order case in which the Custody Evaluator is named as a respondent; or • A charge of domestic violence in any court.

CRITICAL

Applies to

Transcript request

For objections requiring a transcript for the Court’s review, the transcript request must be submitted to the court reporter in writing and the transcript deposit paid before the objections are filed.

A request for a transcript must be submitted to the court reporter in writing and a deposit for the transcript paid before filing objections for which a transcript of proceedings is required for the court to review the Magistrate’s Decision.

CRITICAL

Applies to

Full hearing submission

If child or spousal support is requested, both parties must bring completed income, expenses, and property affidavits and health insurance affidavits to the full hearing using the specified forms.

If a petitioner has requested child support and/or spousal support, the petitioner and respondent shall bring to the full hearing completed affidavits of income, expenses and property (Local Court Form #2 or Uniform Domestic Relations Form-Affidavits 1 &2) and health insurance affidavits (Local Court Form #2 Supplement or Uniform Domestic Relations Form-Affidavit 4).

CRITICAL

Applies to

Notice of appeal

An appellant must file a Notice of Appeal de novo with an affidavit stating that the appeal is not for delay and is based on a belief that an injustice occurred.

An appellant shall file a Notice of Appeal de novo, together with an affidavit that the appeal is not taken for delay but because he believes an injustice has been done, in the office of the Clerk of Courts.