Huron County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Public case file

The public case file must contain a Notice of Filing signed by the Clerk or designee stating the filing and date of a document maintained in the family file.

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

Judgment entry

A judgment entry must identify its preparing attorney in typed text at the lower left of the last page, prefaced by “prepared by (attorney’s name)”.

15.07 - Attorney Signature Requirement - 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

Applies to

Resume

An attorney seeking appointment must submit two resume copies to the Court, one for the Judge and one for the Court Administrator.

Any attorney desiring such appointments shall submit two (2) copies of his or her resume’ to the Court. The copies shall be distributed as follows: one to the Judge and one to the Court Administrator.

CRITICAL

Applies to

Bail modification

Any Court-approved action on an application to modify bail must be entered in the case papers.

after submission to the Court, the action approved by the Court shall be by entry made a part of the papers of the case.

CRITICAL

Applies to

Journal entry

Must include

judge name

The journal entry must have counsel’s name and the Trial Judge’s name typed or printed on it.

Name of the counsel and of the Trial Judge shall be typed or printed upon the entry.

CRITICAL

Applies to

Petition

A civil-stalking or sexually-oriented-offense protection-order petition must comply with R.C. 2903.214.

A Petition for Civil Stalking Protection Order or Petition for Civil Sexually Oriented Offense Protection Order must comply with the requirements of R.C. 2903.214.

CRITICAL

Applies to

Notice of address change

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

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

CRITICAL

Applies to

Sentencing memorandum

A sentencing memorandum must be filed with the Court in duplicate.

The memorandum shall be filed with the Court in duplicate

CRITICAL

Applies to

Judgment entry

Judgment entries containing support orders must include the specified language preserving support arrearages assigned to the State of Ohio.

All judgment entries with support orders shall contain the following language: “Any support arrearage assigned to the State of Ohio is preserved in full and cannot be waived by any party herein.”

CRITICAL

Facsimile-filed or submitted pleadings, motions, and memoranda must contain counsel’s specified identifying information and the assigned judge’s name.

15.01 - Filing Requirement and Designations - All pleadings, motions and memoranda filed or submitted by facsimile with the Court shall have a top margin of at least one and one-half (1½) inches, be typewritten, and contain the following information: 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. 4. It is requested that each complaint filed contain in the caption thereof a designation of the category of said action, which category shall be one of the following: Criminal Cases Criminal............................................................................ CRI

CRITICAL

Applies to

Order of appointment

The Order of Appointment must state the evaluator's name, business address, licensure, and telephone number.

The Order of Appointment shall state the Custody Evaluator’s name, business address, licensure, and telephone number.

CRITICAL

Applies to

Original pleading

of the social security number and date of birth of the parties shall be included in the caption of original pleadings.

of the social security number and date of birth of the parties shall be included in the caption of original pleadings.

CRITICAL

Applies to

Mediation referral order

When mediation is deemed appropriate, the Judge or Magistrate must issue a referral order specifying the mediation session’s time and place.

If referral to mediation is deemed appropriate, the Judge or Magistrate shall issue an order of referral setting forth the time and place of the mediation session.

CRITICAL

Applies to

Guardian ad litem appointment motion

A party seeking appointment of a guardian ad litem must file an appointment motion and schedule it for oral or non-oral hearing under subsection (E).

A party seeking the appointment of a guardian ad litem shall file a motion for appointment of guardian ad litem and schedule the motion for oral or non-oral hearing as required in subsection (E) above.

CRITICAL

Applies to

Judgment entry

A judgment entry must identify the preparing attorney in typed text at the lower left of its last page, prefaced by “prepared by (attorney’s name)”.

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

Applies to

Divorce or legal separation complaint

A divorce or legal-separation action must be commenced by filing a complaint with the specified income, expense, and property affidavit or affidavits.

An action seeking divorce or a decree of legal separation shall be commenced by the filing with the Clerk a complaint and the following: 1. Affidavit of Income, Expenses and Property (Court Form 2) or, if Court Form 2 is not used, Affidavit of Income and Expenses (Uniform Domestic Relations Form-Affidavit 1) AND Affidavit of Property (Uniform Domestic Relations Form-Affidavit 2);

CRITICAL

Applies to

Hearing notice

When no ex parte order is requested, the Court or Assignment Commissioner must prepare a hearing notice for service with the petitioner’s other filings.

In those instances, the Court or its Assignment Commissioner shall prepare a hearing notice for service with the petitioner’s other filings.

CRITICAL

Applies to

Motion for interest on support arrearages

A party requesting interest on support arrearages must attach a statement of CSEA records showing arrearages through the motion date.

The party requesting interest shall attach to the motion a statement of CSEA records reflecting arrearages to date of motion.

CRITICAL

Applies to

Pretrial motion

For a pretrial motion scheduled for non-oral hearing, the moving party must file a supporting memorandum that includes supporting authorities.

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

CRITICAL

Applies to

Motion for change of custody

A change-of-custody motion must be filed in an original and three copies, with two copies of the listed affidavits, memorandum, and current forms.

C. Motion for Reallocation of Parental Rights and Responsibilities (Change of Custody) - A motion of change of custody shall be commenced by the filing of the original and three (3) copies of the motion setting forth the relief sought, and two (2) copies of the following: 1. UCCJEA Affidavit (Court Form 4), per R.C. 3127.23. 2. Affidavits in support of the motion showing the change in circumstances and the best interest of the child. 3. 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. 4. Current Court Form 1, Child Support Computation Worksheet. 5. Current Court Form 2, Affidavit of Income, Expenses and Financial Disclosure completed with the information for the party submitting it. 6. Current Court Form 2 Supp., Health Insurance Information Worksheet.

CRITICAL

Applies to

Motion for contempt

A contempt motion must be commenced with a motion, supporting memorandum, supporting affidavits if applicable, and a Contempt Order to Appear.

B. Motion for Contempt - A motion for contempt shall be commenced by the moving party filing the following: 1. Motion 2. Memorandum in Support 3. Supporting Affidavits, if applicable 4. Contempt Order to Appear

CRITICAL

Applies to

Media permission request

Media permission requests must be written and made within a reasonable time before proceedings; the judge’s written permission becomes part of the record, and the media receive a copy that may have to be shown before entering the courtroom.

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. Such requests shall be made within a reasonable time before any scheduled proceedings. News media will be given a copy of the judgment entry granting them such permission and may be required to show the Court Administrator or his/her designee the copy before entrance into the courtroom.

CRITICAL

Applies to

Petition

The petition must include identifying information for the petitioner and protected family or household members, and the respondent’s name and address.

The petition shall contain the names, dates of birth and last four (4) digits of the Social Security numbers of the petitioner (i.e., the party filing the petition) and any family or household members for whom protection is sought. The petition must also contain the name and address of the respondent (i.e., the party against whom protection is sought).

WARNING

Applies to

Motion to set aside judgment

If the Defendant believes the prosecution’s entry misstates the Court’s ruling, the Defendant should file a motion to set it aside with a supporting memorandum and a proposed judgment entry.

If the Defendant believes that the judgment entry prepared by the prosecution does not accurately reflect the Court’s ruling, the defendant should file a motion to set the judgment aside and attach thereto a memorandum in support and a proposed judgment entry which defendant believes more accurately reflects the court’s ruling.

WARNING

Applies to

Informational sheet

Copies of the informational sheet may be obtained from the Court, and counsel should provide a copy of such information to each client who has children between the ages of five (5) and seventeen (17) years inclusive and who is seeking a divorce, dissolution or legal separation.

Copies of the informational sheet may be obtained from the Court, and counsel should provide a copy of such information to each client who has children between the ages of five (5) and seventeen (17) years inclusive and who is seeking a divorce, dissolution or legal separation.

WARNING

Applies to

Estimate notice

A party intending to offer an estimate must send the adverse party a copy of it with a statement about whether and to what extent the property was repaired, attaching the receipted bill if repairs were made.

d. Procedure in Case of Estimate – In the case of an estimate, the party intending to offer the estimate shall forward with his or her notice to the adverse party, together with the copy of the estimate, a statement indicating whether or not the property was repaired, and if it was, whether or not the repairs were made in full or part, attaching a copy of the receipted bill showing the items or repair made and the amount paid.

WARNING

Applies to

Media recording permission

News media will receive a copy of the permission order and may be required to show it to the Court Administrator or designee before entering the courtroom.

News media will be given a copy of the judgment entry granting them such permission and may be required to show the Court Administrator or his/her designee the copy before entrance into the courtroom.

WARNING

Applies to

Petition

If venue is based on a reason other than residency, the Petition should state the basis for venue and, if applicable, include a supporting affidavit.

If venue is alleged to be proper for any reason other than residency, the Petition should indicate the basis for proper venue and, if applicable, a supporting affidavit should be attached.

WARNING

Applies to

Notice of receipt

The Court must issue a Notice of Receipt to attorneys of record, the Guardian ad Litem, and self-represented litigants.

The Court shall issue a Notice of Receipt notifying attorneys of record, the Guardian ad Litem, and self-represented litigants of receipt of the report.

WARNING

Applies to

Oral argument request

After the filing time expires, the case is submitted on the briefs unless oral argument is requested in writing and granted by the Judge.

Upon the expiration of such time as extended, the case will be considered as submitted on the briefs unless oral argument is requested in writing and granted by the Judge.

WARNING

Applies to

Motion

A motion without a supporting memorandum of authorities may be stricken from the motion hearing calendar.

Motions not supported by a memorandum of authorities may be stricken from the motion hearing calendar.

WARNING

Applies to

Opposition memorandum of authorities

Failure to file an opposing memorandum may be treated as waiver of the privilege to argue against the motion orally at the hearing.

The failure to file a memorandum of authorities in opposition to a motion may be deemed as a waiver of the privilege to orally argue against the motion at the hearing.

WARNING

Applies to

Temporary orders application

Parties should include in their temporary-orders application a proposed visitation schedule and justification for deviating from the standard schedule.

Parties should submit to the court in their application for temporary orders a proposed visitation schedule with justification for the deviation from the standard visitation.

WARNING

Applies to

Binding arbitration agreement

Arbitration is non-binding unless the parties file a written agreement with the Court to make it binding.

The arbitration shall be non-binding appealable to the Common Pleas Court unless the parties in writing filed with the Court agree to binding arbitration.

WARNING

Applies to

Attorney fee request

When requesting attorney fees above $500, moving counsel must present the Court with an anticipated-fee statement and supporting evidence as required by law.

When moving counsel requests fees in excess of $500.00, movant’s counsel must present the Court with a statement of the anticipated fee and introduce evidence in support of the award as required by law.

WARNING

Applies to

Oral hearing request

A party seeking an oral hearing on objections should request it under the procedure in Local Rule 25.02.

If a party desires an oral hearing on objections to a Magistrate’s Decision, the request should be made following the procedure in Local Rule 25.02.

WARNING

Applies to

Emergent motion

Must include

proposed order

Parties should file with the Court and serve on each other a memorandum of authorities supporting their positions, a certification of notice detailing what efforts were made to give the opposing party notice, a proposed judgment entry and in the case of a temporary restraining order and preliminary injunction a proposal for bond.

Parties should file with the Court and serve on each other a memorandum of authorities supporting their positions, a certification of notice detailing what efforts were made to give the opposing party notice, a proposed judgment entry and in the case of a temporary restraining order and preliminary injunction a proposal for bond.

WARNING

Applies to

Objections

An objecting party should note on the objections that a transcript was ordered; without that notation, the Court will treat the objections as filed without a transcript and schedule them accordingly.

The objecting party should state on the objections that a transcript of proceedings has been ordered. If no notation that a transcript of proceedings has been ordered is made on the objections, the Court will treat the objections as made without a transcript and will schedule the objections accordingly.

WARNING

Applies to

Exhibit

Exhibits to be published to the jury during testimony, other than illustrative exhibits, must be offered and admitted before the jury may view or hear them.

It is the practice of this Court that exhibits which are to be published to the jury (except illustrative exhibits) in the course of presenting testimony must first be offered and admitted into evidence before the jury may view or listen to them.

WARNING

Parties should address any need to deviate from standard visitation schedules at the pretrial conference and final hearing.

Parties should address any need to deviate from the standard visitation schedules at the pretrial conference and final hearing.

WARNING

Applies to

Jury instructions

Standard O.J.I. instructions need not be submitted; requested O.J.I. instructions should cite their instruction number, and other instructions should cite authorities Shepardized to date.

It is not necessary to submit standard O.J.I. instructions applicable to all cases. Requested instructions from O.J.I. should cite the O.J.I. instruction number. Other instruction should cite authorities Shepardized to date.

WARNING

Applies to

Informational sheet

Copies of the informational sheet may be obtained from the Court and counsel should provide a copy of such information to each client who has a child under the age of eighteen and who is seeking a divorce, dissolution or legal separation.

Copies of the informational sheet may be obtained from the Court and counsel should provide a copy of such information to each client who has a child under the age of eighteen and who is seeking a divorce, dissolution or legal separation.

WARNING

Applies to

Oral hearing notice

Must include

certificate of service

The requesting party should then contact the Court’s Assignment Commissioner to obtain an oral hearing date and time and thereafter serve notice thereof on the other party(s) and file with the Court a copy of the notice and a certificate of service.

The requesting party should then contact the Court’s Assignment Commissioner to obtain an oral hearing date and time and thereafter serve notice thereof on the other party(s) and file with the Court a copy of the notice and a certificate of service.

WARNING

Applies to

Petition

The petition should include the respondent’s date of birth and last four Social Security number digits when applicable and known to the petitioner.

The petition should also contain the date of birth and last four (4) digits of the Social Security number of the respondent, if applicable and if known by the petitioner.

WARNING

Applies to

Oral argument request

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

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

INFO

Applies to

Proposed findings conclusions

When the parties stipulate, findings of fact and conclusions of law are not required after a jury trial before a magistrate.

No findings of fact and conclusions of law are required after a jury trial before a Magistrate upon stipulation.

INFO

Applies to

Temporary orders response

A defendant responding to a proposal for temporary orders may optionally file a Proposal for Temporary Orders (Court Form 3).

2. (Optional) Proposal for Temporary Orders (Court Form 3)

INFO

Applies to

Complaint

The rule requests that each complaint identify the action category in its caption using one of the listed categories.

4. It is requested that each complaint filed contain in the caption thereof a designation of the category of said action, which category shall be one of the following:

INFO

Applies to

Sentencing memorandum

A sentencing memorandum should note inaccuracies in the presentence report or summary and any additional information the Court should review before sentencing.

On or before noon of the day before the day of the sentencing hearing, the Defendant’s attorney or the Defendant, if not represented by counsel, and the prosecutor may file with the Court a sentencing memorandum in which should be noted any inaccuracies in the presentence report or summary and any additional information which it is desired that the Court review before imposing sentence.

INFO

Applies to

Complaint

The Court requests that each complaint identify the action category in its caption using one of the listed categories.

It is requested that each complaint filed contain in the caption thereof a designation of the category of said action, which category shall be one of the following: