Huron County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Custody evaluator report

The Custody Evaluator’s report shall include the statement “The custody evaluator’s report shall be provided to the Court for distribution to unrepresented parties and legal counsel. Unauthorized disclosure or distribution of the report may be subject to court action, including the penalties for contempt which include fines and/or incarceration.”

The Custody Evaluator’s report shall include the statement “The custody evaluator’s report shall be provided to the Court for distribution to unrepresented parties and legal counsel. Unauthorized disclosure or distribution of the report may be subject to court action, including the penalties for contempt which include fines and/or incarceration.”

CRITICAL

Applies to

Witness disclosure

The witness disclosure must provide the names and addresses of expected trial witnesses, excluding rebuttal witnesses.

Names and addresses of WITNESSES expected to testify at trial, except rebuttal witnesses, shall be served on opposing counsel and filed with the Court seven (7) days before trial.

CRITICAL

Applies to

Nolle prosequi application

A prosecuting attorney seeking to enter a Nolle Prosequi under Revised Code Section 3941.33 must file a written application.

Where under the provision of Revised Code Section 3941.33 the prosecuting attorney desires to enter a Nolle Prosequi in any criminal case, he shall file written application thereof.

CRITICAL

Applies to

Praecipe

When a Civ. R. 75(L) notice of trial is necessary or appropriate, counsel must file a praecipe asking the Clerk to issue it.

If a Civ. R. 75(L) notice of trial is necessary or appropriate, counsel shall file a praecipe to the Clerk to issue same.

CRITICAL

Applies to

Home study or psychological evaluation motion

A request for a home study or psychological evaluation must be made by written motion with a supporting affidavit, and the motion must be scheduled for an oral or non-oral hearing under the rules.

A party requesting a home study or psychological evaluation shall do so by written motion with supporting affidavit and shall schedule the motion for oral or non-oral hearing in accordance with these rules.

CRITICAL

Applies to

Confirmation order

The plaintiff’s attorney must provide for payment of real estate taxes in the confirmation order.

It shall, however, be the responsibility of the attorney for the plaintiff to provide for payment of real estate taxes in the confirmation order.

CRITICAL

Applies to

Post conviction petition

A post-conviction petition must state all grounds for relief known or reasonably discoverable to the petitioner and summarize the supporting facts without legal citations.

It shall specify all the grounds for relief which are available to the petitioner and of which he has, or by the exercise of reasonable diligence, should have knowledge and shall set forth in summary form the facts, without legal citation, supporting each of the grounds.

CRITICAL

Applies to

Jury view request

A jury-view request must be written and filed with the Court seven days before trial.

A request for a JURY VIEW shall be in writing and filed with the Court seven (7) days before trial.

CRITICAL

Must include

proposed order, certificate of service

Withdrawal without substitute counsel in a pending case requires good cause and court approval; counsel must submit a motion, proposed entry, and affidavit containing specified client notices, along with a certificate of service to opposing counsel.

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

Poverty affidavit

A party seeking a poverty-based appeal without payment must file a written motion and an affidavit with the Judge, concurrently with the Notice of Appeal de novo, describing the inability to pay and requesting leave to appeal without the specified payment.

A party, desiring to appeal an award, may concurrently with the filing of a Notice of Appeal de novo, file with the Judge a written motion and affidavit averring that by reason of poverty he or she is unable to make the payments required for an appeal and requesting the Court to allow an appeal de novo without payment of the amount specified in 1.(b).

CRITICAL

Applies to

Application for extraordinary fees

An application for fees exceeding the appointed-counsel fee schedule maximum must include a Motion for Extraordinary Fees and a proposed Judgment Entry.

Applications for fees which are greater than the maximum allowed by the Huron County Fee Schedule for Appointed Counsel must be accompanied by a Motion for Extraordinary Fees and a proposed Judgment Entry.

CRITICAL

Applies to

Civil motion

The filing party must file with the motion and serve on the opposing parties the hearing notice, any supporting documentation, and a supporting memorandum of authorities.

The party filing the motion shall file with it and cause to be served on the opposing party(s) a Notice of Non-Oral Hearing, supporting documentation, if any, and a memorandum of authorities in support of the motion.

CRITICAL

Applies to

Fax filing

A fax filing is the effective original, and the filer need not submit the source document to the Clerk but must retain it and the cover sheet, make them available on request, and keep the source document until the case is closed and post-judgment relief opportunities 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

Continuance motion

A motion for continuance based on an attorney’s Continuing Legal Education attendance must have proof of the prior commitment attached.

When a continuance of a cause is requested on the grounds that an attorney interested in the case is attendance of Continuing Legal Education, proof of such prior commitment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.

CRITICAL

Applies to

Fax filing source document

A fax filer need not submit the source document to the Clerk, but must retain the source document and cover sheet, make them available to the court on request, and keep the source document until the case is closed and post-judgment relief opportunities are exhausted.

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

Journal entry

Once counsel approves the entry, it must be endorsed and presented to the assigned Judge; if the Judge signs it, it must then be filed with the Clerk.

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.

CRITICAL

Applies to

Informational sheet

Counsel must provide the Court’s informational sheet to their clients and encourage prompt enrollment of the children in the K.I.D.D.S. class.

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

CRITICAL

Applies to

Petition

A domestic-violence or dating-violence protection-order petition must comply with R.C. 3113.31.

A Petition for Domestic Violence Civil Protection Order or Petition for Dating Violence Protection Order must comply with the requirements of Revised Code (R.C.) 3113.31.

CRITICAL

Applies to

Judgment entry

After the appeal period expires, the prevailing party must prepare a judgment entry and submit it to opposing counsel for approval and the Judge for signature.

After the appeal time runs, the prevailing party shall prepare a judgment entry, which shall be submitted to opposing counsel for approval and to the Judge for signature.

CRITICAL

Applies to

Custody evaluator report

The report must analyze the parties’ relative strengths and areas for improvement regarding the children’s needs and compare the parenting or companionship plans under consideration.

The Custody Evaluator’s report shall provide a detailed analysis of the relative strengths and areas in need of improvement of the parties with respect to meeting the needs of the child(ren), as well as a comparative analysis of different parenting or companionship plans under consideration.

CRITICAL

Applies to

Certification of assets

A defendant found guilty of a criminal offense must disclose all assets on a Court-provided form to assist with collecting fines and costs.

Any defendant found guilty of a criminal offense in this Court shall, on a form provided by this Court, disclose assets of whatsoever kind for the purpose of assisting the Court, the Adult Probation Department, and the Sheriff, in the collection of the fine and costs in such action.

CRITICAL

Applies to

Jury view instructions

A party may file additional written jury-view instructions if they are actually received by opposing counsel and filed by noon on the day before trial.

party may file additional instructions for the view, provided they are in writing and served, so that they are actually received by opposing counsel and filed with the Court not later than noon on the day before trial.

CRITICAL

Applies to

Missing exhibit filing

Must include

caption, judge name, case number

A separately filed exhibit must include a cover sheet with specified case and exhibit information and 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. [See appendix for Rule 16 for sample exhibit cover sheet.]

CRITICAL

Applies to

Judgment entry

A judgment entry must identify its preparing attorney in the lower-left corner of the last page, prefaced by the required words.

The name of the attorney preparing judgment entries shall be typed in the lower left-hand corner of the last page of the entry and prefaced by the words “prepared by (attorney’s name)”.

CRITICAL

For a motion to suppress evidence, the moving party must file and serve a notice of hearing, the motion, and a supporting memorandum of authorities.

Before filing a motion the moving party shall obtain a hearing date and time from the Assignment Commissioner and 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

Motion for modification of support

The Court will not consider a support-modification motion unless it includes the supporting memorandum and accompanying forms.

A motion for modification of child support and/or spousal support will not be considered by the Court without the supporting memorandum and accompanying forms.

CRITICAL

Applies to

Motion

A request for an in-camera interview on the same day as the merits hearing must be made by a motion supported by affidavit, filed and served no later than seven days before the hearing.

In that event, the party or attorney making the request shall file with the Clerk a motion supported by affidavit with service upon the opposing party or attorney no later than seven (7) days prior to hearing on the merits.

CRITICAL

Applies to

Complaint

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

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

CRITICAL

Applies to

Summary judgment motion

The filing party must file with the motion and serve on the opposing parties the hearing notice, supporting materials, and memorandum of authorities.

The party filing the motion shall file with it and cause to be served on the opposing party(s) a Notice of Non-Oral Hearing, supporting affidavits, depositions, exhibits and documentation and a memorandum of authorities in support of the motion.

CRITICAL

Applies to

Fax filing

Every fax filing must be sent to the Clerk of Courts at 419-663-4048 with a cover page containing the listed court, case, document, transmission, filer, page-count, and cost-submission information.

16.04 - Cover Page - 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

Motion

The moving party must calculate the applicable scheduling period and schedule the motion by filing a Notice of Non-Oral Hearing.

The moving party shall calculate the appropriate time frame and schedule the motion by filing with the Court a Notice of Non-Oral Hearing.

CRITICAL

Applies to

Continuance affidavit

An applicant seeking a continuance because of an absent witness must submit an affidavit stating what the applicant expects the witness to prove.

In order to obtain a continuance on these grounds, the party making the application must support the same by affidavit stating therein what he expects to prove by such witness.

CRITICAL

Applies to

Pleading motion brief memorandum or other writing

Must include

certificate of service

Every listed filing must have an attached certificate of service identifying the names and addresses of those served, rather than merely saying “all parties or counsel of record.”

Proof of service of all pleadings, motion, briefs, memorandum or other writing filed with Court shall be by certificate of service attached to such pleading, motion, brief, memorandum or other writing and shall include the names and addresses of the attorneys and/or parties served, not simply “all parties or counsel of record”.

CRITICAL

Applies to

Complaint

A complaint seeking a Cognovit judgment must contain or be accompanied by an affidavit stating either that the maker resides in Huron County or that a maker signed the warrant or attorney in Huron County.

When a complaint is presented to the Court for the rendering of a Cognovit judgment, it shall contain, or be accompanied by, an affidavit to the effect: 1. That the maker of the Cognovit now resides in Huron County, or 2. That the maker, or any one of several makers, of the Cognovit note signed the warrant or attorney in Huron County.

CRITICAL

Applies to

Fee and expense submission

Representation fees and expenses must be submitted on the Office of the Ohio Public Defender’s forms within 30 days of final disposition.

Fees and expenses for representation shall be submitted to the Court on the forms established by the Office of the Ohio Public Defender within 30 days of final disposition.

CRITICAL

Applies to

Continuance motion

The moving party must obtain the proposed rescheduled date and time from the Assignment Commissioner and include it in the continuance motion and accompanying judgment entry.

The moving party shall obtain a proposed date and time for the rescheduled trial or hearing from the Court’s Assignment Commissioner and include the date and time in the motion and judgment entry submitted with it.

CRITICAL

Applies to

Proposed findings conclusions

A party requesting separate findings under Civil Rule 52 must submit proposed findings and conclusions within five days after receiving notice of the decision.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, 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 and shall serve copies thereof to all opposing parties or their counsel.

CRITICAL

Applies to

Post conviction petition

The petitioner must sign and swear to the post-conviction petition.

The petition shall be typewritten or legibly hand written and shall be signed and sworn to by the petitioner.

CRITICAL

Applies to

Continuance motion

Must include

certificate of service

A continuance motion must comply with Civil Rule 7(B), include the required statement about contact with other counsel, and certify that a copy was mailed or delivered to the moving party’s client.

All requests for continuances must be by written motion which complies with Civil Rule 7(B). The motion shall state that counsel for the moving party has contacted the other counsel in the case and whether other counsel are willing to accommodate the request for a continuance. The moving party shall certify that a copy of the motion was mailed/delivered to his client.

CRITICAL

Applies to

Entries or judgments

The prevailing party must prepare entries or judgments read into the record in an uncontested magistrate case under Rule 39.01 and submit them to opposing counsel and the magistrate for approval and endorsement before submitting them to the Court.

Entries or judgments in uncontested cases read into the record before a Magistrate shall be prepared by the prevailing party in accordance with Rule 39.01 of this Court and shall be submitted to opposing counsel and the Magistrate for his approval and endorsement before being submitted to the Court.

CRITICAL

Applies to

Witness consent

Before recording or photographing a witness, the media must obtain written consent on the Court’s form before the hearing and make the consent part of the court record.

The media shall not film, videotape, record or photograph a witness unless that witness has consented before the hearing in writing on a form provided by the Court. The written consent shall be made a part of the court’s record.

CRITICAL

Applies to

Complaint counterclaim or motion

All required documents must be filed with the complaint, counterclaim, or motion; failure to do so is grounds for dismissal.

69.11 - Filing of Required Documents - All required documents must be filed with the complaint and/or counterclaim and/or motion. Failure to do so is grounds for dismissal.

CRITICAL

Applies to

Petition

A petitioner seeking orders against multiple respondents must file a separate petition for each respondent.

If a petitioner is seeking orders against multiple respondents, a separate petition must be filed for each respondent.

CRITICAL

Applies to

Custody complaint

A custody action where no current order exists must be commenced with a complaint and the specified parenting, financial, and health-insurance affidavits.

An action requesting establishment of allocation of parental rights and responsibilities (custody) 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. Heath Insurance Affidavit (Court Form 2A or Uniform Domestic Relations Form - Affidavit 4);

CRITICAL

Applies to

Settlement dismissal entry

If a case settles or is dismissed more than two days before the hearing, the parties must file the standard Settlement & Dismissal Entry, serve a copy on the Assignment Commissioner, and notify the arbitrators of the settlement.

In the event that a case is settled or dismissed more than two (2) days prior to the date of hearing, the parties shall file the standard Settlement & Dismissal Entry, shall serve the Assignment Commissioner with a copy, and shall notify the arbitrators of the settlement.

CRITICAL

Applies to

Notice of hearing

Attorneys must secure an available hearing time from the Assignment Commissioner and prepare and file the appropriate notices of hearing.

Attorneys must contact the Assignment Commissioner to secure an available time and must prepare and file the appropriate notices of hearing.

CRITICAL

Applies to

Presentence report

Once complete, the presentence report must be sent to the Judge and made available at the Court for review by defense counsel or an unrepresented defendant and the Prosecutor.

When the report is complete, it shall be sent to the Judge and made available at the Court for review by the defendant’s attorney (or by the defendant if he is not represented by an attorney) and the Prosecutor.

CRITICAL

Applies to

Fax filing

If an exhibit cannot be accurately transmitted by fax, the fax filing must include an insert page describing the exhibit and why it is missing.

Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Notice of oral hearing

For a post-decree support-modification motion, the moving party should obtain the hearing date and time from the Assignment Commissioner in advance, and the hearing date must be at least 24 days after filing.

6. Notice of Oral Hearing - The date and time of the hearing should be obtained in advance by the moving party from the Court’s Assignment Commissioner with a date set no less than 24 days from the date of filing the motion with the Court.

CRITICAL

Applies to

Rescheduling notice

The party requesting a continuance must provide written notice of the rescheduled hearing date to the Assignment Commissioner, the arbitrators, and the parties.

In such event, it shall be the responsibility of the party requesting the continuance to reschedule such hearing at a date and time, not later than thirty (30) days, mutually agreeable to the Assignment Commissioner, the arbitrators and the parties, and provide written notice of the rescheduled hearing date to the Assignment Commissioner, the arbitrators and the parties.