Huron County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Withdrawal motion

Must include

proposed order, certificate of service

An attorney may withdraw from a pending case only with substitution or good cause and court approval, and must submit a motion, proposed entry, and affidavit containing specified information and a certificate of service.

No attorney shall be allowed to withdraw without substitution of counsel in a pending case without good cause shown and the court granting said motion. Attorneys seeking to withdraw shall submit to the Judge a motion, proposed entry and affidavit setting forth the reason counsel seeks to withdraw and certifying that counsel has informed his client by certified mail of his intent to withdraw and notice to the client of the nature, date and time of the next pending proceeding before the Court, the arrangements by which the client may obtain his papers, items of evidence and file materials from counsel and notice to the client to obtain replacement counsel as soon as possible and to notify the court of the identity of his substitute counsel. There must also be a certificate of service to the opposing counsel.

CRITICAL

Applies to

Pleading

The first pleading in which or after which a new party is added must identify that party, provide an address, and use the applicable new-party designation in the caption.

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

Custody evaluator application and resume

Applicants seeking placement on the Custody Evaluator List must submit an application and a resume documenting their qualifications and completion of initial training.

Any individual who meets the qualifications and seeks to be placed on the Custody Evaluator List shall submit an application and resume to the Court. The resume shall document compliance with custody evaluator qualifications and completion of initial training.

CRITICAL

Applies to

Qdro

Unless otherwise agreed, counsel for the alternate payee must prepare and submit the appropriate QDRO or other apportionment entry in accordance with the final decree.

Unless otherwise agreed, counsel for the alternate payee entitled to receive a portion of a spouse’s pension/retirement benefits as a result of a divorce or dissolution of marriage shall prepare the appropriate Qualified Domestic Relations Order (QDRO) or other entry apportioning the pension/retirement benefits in accordance with a final decree for submission to the Court.

CRITICAL

Applies to

Opposition memorandum of authorities

The opposing party must file a memorandum of authorities opposing the motion to suppress.

The opposing party shall, not later than noon on the day before the hearing, file a memorandum of authorities opposing the motion.

CRITICAL

Applies to

Order of appointment

The Order of Appointment must state the appointment's purpose and scope, term, report and possible testimony requirements, report deadlines and related hearing dates, and safety provisions; the final listed item is incomplete in this excerpt.

The Order of Appointment shall include the following information: a. The purpose and scope of the appointment; b. The term of the appointment; c. A provision that a written report is required, and oral testimony may be required; d. Notice of any deadlines pertaining to the submission of reports to the Court, including the dates of Trials, Evidentiary Hearings, or other hearings associated with submitting a report; e. Notice of any provision the Court deems necessary to address the safety and protection of all parties, the child(ren) of the parties, any other child(ren) residing in

CRITICAL

Applies to

Fax filing

Every fax filing must be sent to the Clerk of Courts and include a cover page with the specified case, document, transmission, filer, page-count, and cost-submission information.

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

Proposed findings conclusions

Within five (5) days after receipt of such proposed statement each opposing party shall submit to the Court a proposed statement of findings of fact and conclusions of law.

Within five (5) days after receipt of such proposed statement each opposing party shall submit to the Court a proposed statement of findings of fact and conclusions of law.

CRITICAL

Applies to

Final judgment entry

In all cases in which a QDRO or other entry apportioning pension/retirement benefits is to be issued, the final judgment entry granting the divorce or dissolution of marriage shall contain the following language:

In all cases in which a QDRO or other entry apportioning pension/retirement benefits is to be issued, the final judgment entry granting the divorce or dissolution of marriage shall contain the following language:

CRITICAL

Applies to

Genetic testing motion

A genetic-testing request in a non-UIFSA paternity action must be made by written motion with a supporting affidavit by the earlier applicable deadline: at least seven days before pretrial or 45 days before trial or a merits hearing.

A party requesting genetic testing regarding paternity in a non-UIFSA action shall do so by written motion with supporting affidavit at least seven (7) days prior to pretrial or forty-five (45) days prior to trial or hearing on the merits, whichever shall first occur.

CRITICAL

Applies to

Support complaint

A complaint to establish support when no current order exists must be filed with the specified parenting, financial, and health insurance affidavits.

An action requesting establishment of support of children for whom no current order exists shall be commenced by the filing of a complaint and the following: 1. Parenting Proceeding Affidavit (Court Form 4 or Uniform Domestic Relations Form - Affidavit 3); 2. 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); 3. Health Insurance Affidavit (Court Form 2A or Uniform Domestic Relations Form - Affidavit 4);

CRITICAL

Applies to

Missing exhibit cover sheet

Must include

caption, judge name

A separately filed missing exhibit must have a case-caption cover sheet identifying the court, case, number, judge, and exhibit title, and the exhibit filing must be signed and served under the rules for pleadings.

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

CRITICAL

Applies to

Custody evaluator report

The Custody Evaluator’s report must include all information detailed in Sup.R. 91.04(B).

The Custody Evaluator’s report shall include all of the information detailed in Sup.R. 91.04(B)

CRITICAL

Applies to

Divorce or legal separation complaint

When the parties have minor children who are not subject to another court’s orders, the 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 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

Hearing continuance motion

A hearing-continuance motion and judgment entry reflecting the new date and time must be filed with the Clerk of Court.

The Motion and Judgment Entry reflecting the new hearing date and time shall be filed with the Clerk of Court’s office.

CRITICAL

Applies to

Report and award

If the Board members disagree on the findings and award, the dissenting member must write “Dissents” before their signature.

In the event that all three members do not agree on the findings and award, the dissenting member shall write the word “Dissents” before his or her signature.

CRITICAL

Applies to

Final certificate of extension of evidence of title

At entry of judgment, a final title-extension certificate must be prepared and filed showing the property location and record title no more than 30 days before the decree.

At the time of entry of judgment in any such case a final certificate of extension of the evidence of title shall be prepared and filed in accordance with the foregoing requirements showing the address or location of the property and the record state of title as of a date not more than thirty (30) days prior to the taking of the decree.

CRITICAL

Applies to

Dissolution filing

Filings in dissolution actions must address service-of-process issues.

Parties’ filings must also address issues of service of process.

CRITICAL

Applies to

Mediation report

The mediator must issue a written report at the conclusion of the mediation session.

At the conclusion of the mediation session, the mediator shall issue a written report.

CRITICAL

Applies to

Informational sheet

An informational sheet has been prepared by the Court. Counsel shall provide a copy of the informational sheet to their client and encourage the client to enroll in such class as soon as possible.

An informational sheet has been prepared by the Court. Counsel shall provide a copy of the informational sheet to their client and encourage the client to enroll in such class as soon as possible.

CRITICAL

Applies to

Appointment list request

An attorney requesting inclusion on the appointment list must certify qualification for the nature and type of assigned case.

Each attorney requesting to be included on the list shall certify that they are qualified for the nature and type of case assigned.

CRITICAL

Applies to

Audit summary

A written audit summary must be filed annually with the Administrative Judge.

3. A written summary of the audit shall be filed annually with the Administrative Judge.

CRITICAL

Applies to

Continuance motion

The moving party must certify that a copy of the continuance motion was mailed or delivered to the client.

The moving party shall certify that a copy of the motion was mailed/delivered to his client.

CRITICAL

Applies to

Notice of bankruptcy

The bankruptcy notice must identify the bankruptcy case number and filing date and estimate 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

Objections

Objections to a magistrate’s decision must be supported by a memorandum of authorities filed with the objections, unless a necessary transcript has been ordered from the court reporter.

A memorandum of authorities shall be filed in support of objections to the Magistrate’s Decision at the time of filing the objections unless a transcript of proceedings is necessary for the Court’s review of the Magistrate’s Decision and has been ordered from the court’s reporter.

CRITICAL

Applies to

Motion

A motion will be stricken from the hearing calendar if its supporting memorandum of authorities is not filed.

The failure to file a memorandum of authorities in support of a motion will cause the motion to be stricken from the hearing calendar.

CRITICAL

Applies to

Entry

A counsel-approved entry must be endorsed and presented to the assigned Judge, then filed with the Clerk if signed; if counsel cannot agree, the entry must be submitted to the Trial Judge for direction.

When the entry is approved by counsel, it shall be so endorsed and presented to the Judge to whom the case is assigned for approval and if signed by him shall then be filed with the Clerk. If counsel are unable to agree upon the entry, it shall be submitted to the Trial Judge, who will direct what entry shall be made.

CRITICAL

Applies to

Proposed findings conclusions

A party requesting separate findings and conclusions must submit a statement of proposed findings and conclusions to the Court.

the party requesting such statement shall, within five (5) days after the receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law

CRITICAL

Applies to

Dissolution action

A dissolution action must be commenced with a petition, separation agreement, specified financial and health-insurance affidavits, and, when applicable, a parenting affidavit and child-support worksheet.

An action for dissolution of marriage shall be commenced by the filing of a petition for dissolution of marriage, a separation agreement and the following: 1. Affidavit or 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); 2. Health Insurance Affidavit (Court Form 2A or Uniform Domestic Relations Form - Affidavit 4); 3. (If there are minor children,) Parenting Proceeding affidavit (Court Form 4 or Uniform Domestic Relations Form - Affidavit 3); 4. (If there are minor children for whom no prior custody orders have been issued,) a child support computation worksheet.

CRITICAL

Applies to

Motion under rule 26 c or 37

When seeking relief under Civil Rule 26(c) or 37 concerning specified discovery, the movant must file copies of the disputed portions with the motion.

If relief is sought under Civil Rule 26(c) or Civil Rule 37 concerning any interrogatories, requests for production or inspection and requests for admissions, copies of the portions of such documents which are in dispute shall be filed with the Court contemporaneously with any motion filed under Civil Rule 26 (c) or Civil Rule 37.

CRITICAL

Applies to

Videotape deposition

A videotape deposition must be accompanied by the relevant transcript, certified by the transcriber as true and accurate.

A copy of the transcript of the testimony or such portion thereof as is necessary to rule on any objections shall accompany a videotape deposition. The transcript shall be certified by the transcriber to be a true and accurate transcription.

CRITICAL

Applies to

Journal entry

If counsel cannot agree on the entry, it must be submitted to the Trial Judge, who will direct what entry is to be made.

If counsel are unable to agree upon the entry, it shall be submitted to the Trial Judge, who will direct what entry shall be made.

CRITICAL

Applies to

Notice of substitution of counsel

Must include

certificate of service

An attorney may withdraw by filing a Notice of Substitution of Counsel that identifies the substitute attorney, is signed by both attorneys, and includes a certificate of service to opposing counsel.

An attorney may withdraw in a pending case where he files a Notice of Substitution of Counsel identifying the name, Supreme Court registration number, address, and telephone number of the attorney substituting his appearance. The Notice of Substitution of Counsel shall be signed by the withdrawing and substituted counsel and contain a certificate of service to the opposing counsel.

CRITICAL

Applies to

Deposition transcript

Deposition transcripts must be provided to the Court, with objections pinpointed by page and line and videotaped objections time-marked at their beginning and end.

A transcript of deposition testimony shall be provided to the Court and objections shall be noted to the page(s) and lines. Videotaped objections shall additionally be time-marked at the beginning and end of each objection.

CRITICAL

Applies to

Pleading motion or memorandum

Must include

judge name

The specified filings must identify counsel and the attorney primarily responsible, include current party addresses on original pleadings, and name the assigned Judge.

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. Counsel shall promptly notify the clerk of Courts of any change in this information. 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. 3. The name of the Judge to whom the case is assigned.

CRITICAL

Applies to

Notice of substitution of counsel

Must include

certificate of service

An attorney may withdraw in a pending case by filing a Notice of Substitution of Counsel identifying substitute counsel’s specified details, signed by both attorneys and containing a certificate of service to opposing counsel.

An attorney may withdraw in a pending case where he files a Notice of Substitution of Counsel identifying the name, Supreme Court registration number, address, and telephone number of the attorney substituting his appearance. The Notice of Substitution of Counsel shall be signed by the withdrawing and substituted counsel and contain a certificate of service to the opposing counsel.

CRITICAL

Applies to

Post conviction petition

Each petition may challenge a judgment entered by only one court; challenges to other judgments must be brought in separate petitions.

A petition shall be limited to the assertion of a claim for relief against judgment entered by one Court only. If a petitioner desires to attack the validity of other judgments of that Court under which he is in custody, he shall do so by separate petitions.

CRITICAL

Applies to

Settlement dismissal entry

If settlement occurs within two days of the arbitration, the Settlement & Dismissal Entry must include an order for payment of arbitrator fees identifying each arbitrator’s name, address, and amount due.

If the settlement is within two (2) days or less prior to the arbitration, the Settlement & Dismissal Entry shall also contain an order for payment of fees to the arbitrations, designating their names, addresses and amounts due.

CRITICAL

Applies to

Order of appointment

The Order of Appointment must provide for payment of the evaluator-fee deposit, subject to court modification; the Court allocates interim payment shares and reserves final allocation until the final hearing.

The Order of Appointment shall include a provision for the payment of the deposit for the Custody Evaluator’s fees, subject to modification by the Court. The Court shall allocate the amount of fees to be paid by each party. The Court reserves ruling on the ultimate allocation of the Custody Evaluator’s fees until the final hearing.

CRITICAL

Applies to

Motion for modification of support

A post-decree support-modification motion must include the motion, a memorandum with the specified information, and the current listed support and financial forms.

A. Motion for Modification of Support - A motion for modification of child support and/or spousal support which is post decree shall be commenced by the filing of the following: 1. A motion setting forth the relief sought. 2. Memorandum in Support setting forth: (a) Date and amount of current support order and number of children subject to current order. (b) Statement of income on which current order is based. (c) Number of children subject to proposed support order. (d) Statement as to current arrearages and current makeup orders, if any. (e) The facts and law upon which the claim is made that a change of circumstances exists and would vary the current order by 10% or more. 3. Current Court Form 1, Child Support Computation Worksheet. 4. Current Court Form 2, Affidavit of Income, Expenses and Financial Disclosure completed with the information for the party submitting it. 5. Current Court Form 2, Supp., Health Insurance Information Worksheet.

CRITICAL

Applies to

Change of address notice

Counsel must file written notice with the Clerk of Court’s Office when their address changes.

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

CRITICAL

Applies to

Media recording request

Requests to broadcast, televise, record, or photograph in the courtroom must be in writing, and the judge’s written permission must be made part of the record.

Requests for permission for the broadcasting, televising, recording or taking of photographs in the courtroom shall be in writing and the written permission of the judge shall be made a part of the record of the proceedings.

CRITICAL

Applies to

Poverty affidavit

A poverty affidavit may be filed instead of a cash deposit, must state why the costs cannot be prepaid, and is subject to Court review at any stage.

11.03 - Poverty Affidavit - A poverty affidavit filed in lieu of a cash deposit must state the reasons for the inability to prepay costs and is subject to Court review at any stage of the proceedings.

CRITICAL

Applies to

Request for reimbursement

Assigned counsel must request reimbursement for transcript and expert costs by separate motion, not on the same form as requests for attorney fees and other expenses.

Assigned counsel may not submit a request for reimbursement for costs of transcripts and experts on the same form as the request for attorney fees and other expenses. Requests for reimbursement for the costs of transcripts and experts must be submitted through a separate motion.

CRITICAL

Applies to

Jury view instructions

Jury-view instructions must be written, served on opposing counsel, and filed with the Court seven days before trial.

Instructions for the view shall be in writing, served on opposing counsel and filed with the Court seven (7) days before trial.

CRITICAL

Applies to

Pleading motion or memorandum

Must include

judge name

The covered filing must state the name of the Judge assigned to the case.

3. The name of the Judge to whom the case is assigned.

CRITICAL

Applies to

Criminal trial prep worksheet

The Criminal Trial Prep Worksheet must be submitted to the Court, not the Clerk, by 4:00 p.m. the day before trial.

This worksheet MUST be turned in to the Court (not the Clerk of Court’s office) NO LATER than 4:00 p.m. the day BEFORE trial.

CRITICAL

Applies to

Responsive pleading

Responsive pleadings to a support-modification motion must include the information required in subparagraphs 2–5 above.

Within 14 days of service of the motion for modification the non-moving party shall file responsive pleadings which shall include the information required in subparagraphs 2-5 above.

CRITICAL

Applies to

Special damages evidence

When offering documentary evidence of special damages at the hearing, counsel must provide each arbitrator a copy of each document and a list summarizing and totaling the damages.

Where documentary evidence of special damages including, but not limited to, the types of evidence referred to in Subsection (2) above, will be offered for admission at the hearing, counsel for the party offering the evidence shall secure a copy of each document for every arbitrator and a list summarizing and totaling items of special damages.

CRITICAL

Applies to

Opening statement

Counsel may not refer in opening statement to an exhibit that was not disclosed as required.

COUNSEL SHALL NOT MAKE REFERENCE IN OPENING STATEMENT TO AN EXHIBIT NOT SO DISCLOSED.