Jefferson County Court of Common Pleas, General Division Document Filing Requirements

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

If additional custody cases do not fit, attach a separate page and check the box.

IF MORE SPACE IS NEEDED FOR ADDITIONAL CUSTODY CASES, ATTACH A SEPARATE PAGE AND CHECK THIS BOX

CRITICAL

Applies to

Domestic relations final order

Domestic Relations final orders must be termed “Decrees” and styled with one of the specified divorce, legal separation, or dissolution titles.

STYLING OF FINAL ORDERS: All Domestic Relations final orders shall be termed “Decrees” and in addition to any other information required to be included within the caption shall have said documents styled as either a “Decree of Divorce” or “Divorce Decree”, “Decree of Legal Separation” or “Separation Decree”, “Decree of Dissolution” or “Dissolution Decree”.

CRITICALCivil cases

Applies to

Affidavit of property

The affidavit must state the safe deposit box’s location and describe its contents.

Give location and describe contents

CRITICALCivil cases

Applies to

Affidavit of property

Description (List who has possession) (Include profit-sharing, IRAs, 401k plans, etc.; Describe each type of plan)

Description (List who has possession) (Include profit-sharing, IRAs, 401k plans, etc.; Describe each type of plan)

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

Do not repeat cases listed in Paragraph 3 when providing information about other civil cases.

Do not repeat cases already listed in Paragraph 3. Explain:

CRITICALCivil cases

Applies to

Affidavit of property

Enter “NONE” for each item that does not apply or has no value.

For each item, if none, put "NONE."

CRITICAL

Applies to

Proof of payment

After paying publication costs, the party obtaining publication must file proof of payment with the Clerk before further proceedings.

Upon payment having been made, the party obtaining publication shall cause proof of payment of said costs to be filed with the Clerk of Courts before further proceedings shall be had.

CRITICAL

Applies to

Residential parent and legal custodian change motion

A motion to change a minor child’s residential parent and legal custodian must be filed with the supporting documents required by Section C-1(a)–(d).

Upon the filing of a motion for change in the designation of the residential parent and legal custodian of any minor child or children, the supporting documents as required in Section C-1(a), (b), (c), and (d) shall also be filed contemporaneously with said Motion.

CRITICALCivil cases

Applies to

Pretrial order

Exhibits generally may not be introduced unless listed in the Pretrial Order, subject to good cause and impeachment exceptions.

Except for good cause shown, the Court will not permit the introduction of any exhibits unless they have been listed in the Pretrial Order, with the exception of exhibits to be used solely for the purpose of impeachment.

CRITICAL

Applies to

Original complaint

An original divorce, legal-separation, or annulment complaint alleging minor children must be filed with the Court-approved health-insurance disclosure affidavit containing language sufficient to permit a health-insurance entry for the children.

Upon the filing of an original Complaint for Divorce, Legal Separation, or Annulment, where there is/are a minor child(ren) alleged to be issue of the marriage, there shall be filed contemporaneously with the Complaint the following supporting documents: c. a health insurance disclosure affidavit as approved by the Court and as set forth in Appendix “C” herein with sufficient language to enable the Court to cause to be issued a health insurance entry for the child(ren) in accordance with Section 3113.217 of the Ohio Revised Code.

CRITICALCivil cases

Applies to

Affidavit of property

The affidavit’s financial-account section must include checking, savings, CD, POD, and money market accounts, among others.

Description (Include checking, savings, CDs, POD accounts, money market accounts, etc.)

CRITICAL

Applies to

Agreement

In domestic relations cases, an agreement concerning a pending motion must be made in open court with the parties present to acknowledge it on the record, then written, executed, approved, and filed for Court approval, unless the Court orders otherwise.

In all domestic relations cases, no agreement reached between the parties with respect to any pending motion, whether of a temporary nature, a matter in dispute for final hearing, or a post decree motion, shall be approved by the Court unless said agreement is made in open court with the parties present to acknowledge the same as part of the record, and thereafter, said agreement shall be reduced to writing and filed with the Court for approval after having been duly executed and approved by the parties and their Counsel, unless otherwise ordered by the Court.

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

List the specified criminal convictions, including guilty pleas, for the filer and household members.

List all of the criminal convictions, including guilty pleas, for you and the members of your household for the following offenses: any criminal offense involving acts that resulted in a child being abused or neglected; any domestic violence offense that is a violation of R.C. 2919.25; any sexually oriented offense as defined in R.C. 2950.01; and any offense involving a victim who was a family or household member at the time of the offense and caused physical harm to the victim during the commission of the offense.

CRITICAL

Applies to

Petition for dissolution of marriage

A dissolution petition must be filed with the supporting documents required by Division C-1(a)–(c), and, if there are minor children, the requirements of Division C-1(e).

At the time of the filing of any Petition for Dissolution of Marriage, there shall be filed contemporaneously with said Petition the supporting documents as set forth in Division C-1(a) through (c), and if there is/are a minor child(ren), the requirements set forth in Division C-1(e) of this Rule.

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

The affidavit must be sworn and signed in the notary's presence.

Sworn before me and signed in my presence this _____ day of _____.

CRITICAL

Applies to

Child support or health coverage order

A child-support or health-coverage order or decree must allow the relevant portions to be remitted separately to the employer; alternatively, counsel may submit those portions with a certificate for the Clerk.

Because of the requirements of Section 3113.217(F) of the Ohio Revised Code, upon the submission of a child support order, whether temporary or permanent, or an order providing health coverage for any minor child(ren), said order or decree shall be structured so as to enable the Court to remit only those portions dealing with support and health care to the employer of the parties subject to the order without the necessity of remitting the entire order or decree. Alternatively, counsel may prepare and submit those portions of the order or decree dealing with child support and health coverage for any minor child(ren) and a certificate for the Clerk to certify those portions as accurate copies to the employer of the responsible party for support and health care for the child(ren).

CRITICALCivil cases

Applies to

Affidavit of property

The affidavit’s vehicle and titled-property descriptions must identify who has possession and include the model and year of the listed property.

Description (list who has possession) (include model and year of automobiles, trucks, motorcycles, boats, motors, motor homes, etc.)

CRITICAL

Applies to

Judgment entry

A judgment entry must designate which party or parties are responsible for court costs to be accepted by the clerk.

The Clerk of Courts shall not be required to accept any judgment entry in any type of a proceeding unless there is set forth therein a designation as to which party or parties is responsible for payment of court costs.

CRITICAL

Applies to

Motion

Must include

certificate of service

The motion must state its hearing date and time, and the filer must certify that notice was provided to opposing counsel or any unrepresented opposing parties.

It is the responsibility of counsel or the party filing the motion to set forth upon said motion the date and time of hearing in accordance with these Rules, and to certify that notice of the same has been provided to opposing counsel or the opposing party or parties if not represented by counsel as provided by these Rules.

CRITICAL

Applies to

Case information

L. In any case of Divorce, Legal Separation, or Annulment, both parties must additionally file with the Court or Magistrate not less than fourteen (14) days prior to the final hearing the information required in Division D-(a), (b), and(c) of this Rule.

L. In any case of Divorce, Legal Separation, or Annulment, both parties must additionally file with the Court or Magistrate not less than fourteen (14) days prior to the final hearing the information required in Division D-(a), (b), and(c) of this Rule.

CRITICALCivil cases

Applies to

Deposition testimony

Irrelevant or redundant material and counsel colloquy must be removed when deposition testimony is read.

All irrelevant and redundant matter and all colloquy between counsel in the deposition must be eliminated when the deposition is read.

CRITICAL

Applies to

Temporary restraining order request

A request for a no-notice temporary restraining order requiring a spouse to leave the parties’ established home is limited to extreme circumstances, requires a separate affidavit detailing the reasons, and should be made only when counsel can assure the Court the circumstances warrant it.

Requests for temporary restraining orders ordering the spouse to move from the established home of the parties without notice to the opposing party will be granted only in extreme circumstances and only upon the filing of a separate affidavit of the moving party detailing the reasons for the restraining order, and are to be requested only when counsel can assure the Court that the circumstances warrant the same.

CRITICALCivil cases

Applies to

Affidavit of property

The affidavit’s closely held stock and business-interest descriptions must identify who has possession and state the type and number of ownership interests.

Description (List who has possession) (Type of ownership and number)

CRITICALCivil cases

Applies to

Final pretrial order

The final pretrial order must use the required form.

FINAL PRETRIAL ORDER (REQUIRED FORM)

CRITICALCivil cases

Applies to

Proposed pretrial order

If discovery remains incomplete, the proposed Pretrial Order must identify remaining discovery by side, its schedule and completion date, and likely problems.

If discovery has not been completed, the proposed Pretrial Order shall state what discovery is yet to be done by each side, when it is scheduled, when it will be completed and whether any problems, such as objections or motions, are likely with respect to the uncompleted discovery.

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

Do not sign the affidavit until the notary is present.

(Do Not Sign Until Notary is Present)

CRITICALCivil cases

Applies to

Affidavit of property

No debt category may be left blank; enter “NONE” when there is no debt to report.

Do not leave any category blank. For each item, if none, put "NONE."

CRITICAL

Applies to

Final pretrial order

If the Court schedules it, counsel must prepare a final pretrial order and submit it for approval at the conference, unless the Court dispenses with the order.

If scheduled by the Court, prior to any final pretrial or settlement conference, Counsel for the parties shall prepare a final pretrial order according to the form set forth in Appendix “F” of these rules, and shall submit the same to the Court for approval at said conference, unless the same is dispensed with by the court.

CRITICAL

Applies to

Refiled complaint

A complaint refiled after dismissal other than on the merits under Ohio Civil Rule 41 must identify itself as refiled in the caption and state the prior case’s style and number in its first paragraph.

Any complaint that has been dismissed other than on the merits as provided in Rule 41 of the Ohio Rules of Civil Procedure and is subsequently refiled shall have set forth in the caption of the complaint that it is a refiled case and shall further have in the first paragraph of the body of the complaint the style and case number of the previously dismissed case.

CRITICALCivil cases

Applies to

Pretrial order

The Pretrial Order must identify depositions to be read and specify each objection, the objecting party, the challenged portions, and the grounds.

The Pretrial Order shall list depositions to be read in evidence and any objections thereto identifying the objecting Party, portions objected to, and grounds therefor.

CRITICAL

Applies to

Judgment entry or decree

The prevailing party’s attorney must prepare the judgment entry or decree for opposing counsel’s approval.

The attorney for the party in whose favor an order, judgment, or decree has been granted shall prepare the Judgment Entry or Decree for approval by opposing counsel.

CRITICALCivil cases

Applies to

Health insurance affidavit

The health insurance affidavit must be filed if the relationship has minor children.

It must be filed if there are minor children of the relationship.

CRITICAL

Applies to

Poverty affidavit

A poverty affidavit exempts a case from the preceding publication-cost requirements, but in a non-domestic-relations case where the Court cannot ascertain the party’s income or its source, the affidavit must provide sufficient financial information to justify its use and filing.

The foregoing does not apply in those cases in which a poverty affidavit is filed. However, in cases other than a domestic relations case where the Court is not able to ascertain the income or source of income of the party filing the poverty affidavit, the affidavit must set forth sufficient financial information to justify the use and filing of the affidavit.

CRITICAL

Applies to

Original complaint

An original divorce, legal-separation, or annulment complaint alleging minor children must be filed with the required financial-disclosure affidavit, completed as fully as reasonably possible.

Upon the filing of an original Complaint for Divorce, Legal Separation, or Annulment, where there is/are a minor child(ren) alleged to be issue of the marriage, there shall be filed contemporaneously with the Complaint the following supporting documents: a. Affidavit of Income, Expenses, and Financial Disclosure as approved by the Court and as set forth in Appendix “B” herein or as the same may from time be amended or modified by the Court with said affidavit to be completed as fully as is reasonably possible by the filing party.

CRITICALCivil cases

Applies to

Affidavit of property

List the name and address of any person (other than creditors listed on your Affidavit) who has received money or property from you exceeding $300 in value in the past 12 months and the reason for each transfer.

List the name and address of any person (other than creditors listed on your Affidavit) who has received money or property from you exceeding $300 in value in the past 12 months and the reason for each transfer.

CRITICAL

Applies to

Domestic relations filing

Must include

caption

In domestic relations cases, the caption must include each party’s date of birth in addition to the parties’ names and addresses.

In all domestic relations cases, in addition to the names and addresses of the parties, the caption must also contain the date of birth of the respective parties.

CRITICAL

Applies to

Notice of intent to relocate

A residential parent intending to relocate must file a notice of intent to relocate with the Court 60 days before the relocation.

If the residential parent intends to move to a residence other than the last residence of court record, he/she shall file a notice of intent to relocate with this Court sixty (60) days in advance. Except as provided in ORC 3109.051(G)(2), (3), and (4) pertaining to incidents involving a conviction of domestic violence, a copy of such notice shall be mailed by the Court to the non-residential parent. On receipt of the notice, the court, on its own motion or on the motion of the non-residential parent, may schedule a hearing with notice to both parents to determine whether it is in the best interest of the child(ren) to revise the parenting time schedule for the child(ren). Said notice shall be filed 60 days prior to the relocation.

CRITICALCivil cases

Applies to

Affidavit of property

The affidavit must list all of your property and debts, your spouse's property and debts, and any joint property or debts.

List ALL OF YOUR PROPERTY AND DEBTS, the property and debts of your spouse, and any joint property or debts.

CRITICALCivil cases

Applies to

Affidavit of property

The Affidavit of Property must list the filer’s debts, the spouse’s debts, and any joint debts.

List ALL OF YOUR DEBTS, the debts of your spouse, and any joint debts.

CRITICAL

Applies to

Motion for default judgment

A motion for default judgment must include counsel’s certificate that the opposing party is not subject to the Soldiers' and Sailors' Civil Relief Act of 1940.

Motions for default judgment shall have attached thereto a certificate of counsel for the moving party that the party against whom the motion is directed is not subject to the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940.

CRITICAL

Applies to

Substitution of counsel and entry of appearance

If an attorney who has appeared for a party relocates to a new firm and will no longer be attorney of record, the attorney must file a substitution of counsel with the successor counsel’s full name, address, and telephone number, and the new counsel must simultaneously file an entry of appearance.

In the event an attorney has entered an appearance on behalf of a party in any proceeding filed in this Court and has relocated to a new firm, and if upon said relocation is no longer to be the attorney of record for the party for whom such appearance had been entered, shall at the time of said move file with the Court a substitution of counsel listing the full name, address, and telephone number of the successor counsel in the pending case. In addition, thereto, the newly designated counsel shall simultaneously file his or her entry of appearance.

CRITICALCivil cases

Applies to

Affidavit of property

The affidavit must list any asset not included in the preceding categories.

List any item you have not listed above that is considered an asset.

CRITICAL

Applies to

Original complaint

An original divorce, legal-separation, or annulment complaint alleging minor children must be filed with a child-support worksheet in the exact form required by Ohio Revised Code Section 3113.215, as amended.

Upon the filing of an original Complaint for Divorce, Legal Separation, or Annulment, where there is/are a minor child(ren) alleged to be issue of the marriage, there shall be filed contemporaneously with the Complaint the following supporting documents: b. Child support calculation worksheet in the exact form as required by Section 3113.215 of the Ohio Revised Code as the same is now or may from time to time be amended.

CRITICAL

Applies to

Affidavit of assets debts separate property

A dissolution petition must include the court-approved Appendix E Affidavit of Assets/Debts/Separate Property with the specified asset, liability, and marriage-period information.

Additionally, in order to enable the Court to determine the reasonableness of the agreement of the parties there shall be filed with said Petition for Dissolution of Marriage the Affidavit of Assets/Debts/Separate Property as approved by the Court and as set forth as Appendix “E” herein and which shall contain not less than the following information: a. A complete list of all assets including but not limited to: (i) An itemization of all personal property together with its present value. (ii) An itemization of any real estate in which either party has any legal or equitable interest as well as its present market value as can be reasonably ascertained. (iii) When any of the above property was acquired. (iv) Whether the property is marital or separate property, and if separate, to whom it belongs. b. A complete list of all liabilities including but not limited to: (i) Name and address of the creditor. (ii) The monthly payments to each creditor. (iii) The balance owing to each creditor. (iv) The nature of the debt owing each creditor. (v) Whether the debt is marital or separate and if separate, which party is responsible for it. c. The date to be used for calculation of the time that makes up during the marriage to enable the Court to determine the division of marital property and the values of the same.

CRITICALCivil cases

Applies to

Pretrial order

Only witnesses listed in the Pretrial Order may testify, except impeachment witnesses or witnesses allowed for good cause.

(Note: Only witnesses listed in the Pretrial Order will be permitted to testify at the trial except witnesses called solely for the purpose of impeachment or for good cause shown.)

CRITICAL

Applies to

Motion

A request to deviate from the parenting schedule must be supported by filing the proper motion.

Any request to deviate from the following parenting schedule shall be supported by the filing of the proper motion.

CRITICALCivil cases

Applies to

Witness statement

A statement identifying additional trial witnesses, their addresses, and the general subject of their testimony must be provided before trial.

(4) In the event other witnesses are to be called at the trial a statement of their names and addresses and the general subject matter of their testimony will be served upon opposing counsel and filed with the Court at least Days prior to trial.

CRITICALCivil cases

Applies to

Affidavit of property

Description (Also list who has possession)

Description (Also list who has possession)

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

The affiant must swear or affirm that the document is true, accurate, and complete to the best of their knowledge and belief, and acknowledge potential perjury penalties.

I, (print name) _____, swear or affirm that I have read this document and, to the best of my knowledge and belief, the facts and information stated in this document are true, accurate and complete. I understand that if I do not tell the truth, I may be subject to penalties for perjury.

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

The affidavit must list every place where the children have lived during the last five years.

You must list the residences for all places where the children have lived for the last FIVE years.