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

CRITICALCivil cases

Applies to

Affidavit of property

The affidavit must estimate the value of furniture and appliances in the filer’s and spouse’s possession.

Estimate value of those in your possession, and value of those in your spouse's possession

CRITICAL

Applies to

Affidavit of income expenses and financial disclosure

When there are no minor children, both parties must file the Appendix B financial disclosure affidavit no later than 30 days before the final hearing.

In all cases for a divorce, legal separation, or annulment in which there is/are no minor child(ren), there must be filed not later than 30 days prior to the date of final hearing an Affidavit of Income, Expenses, and Financial Disclosure as set forth in Appendix "B" hereto by both parties to the action.

CRITICAL

Applies to

Pleading

An indigent party may file an affidavit of inability to prepay costs with the pleadings, after which the pleadings will be filed.

An indigent party may execute and file with such party's pleadings, an affidavit of the party's inability to prepay the costs required in this Court, whereupon such pleadings shall be filed with the Clerk.

CRITICAL

Applies to

Contra judgment entry or decree

A contrary judgment entry or decree submitted by the opposing side must include reasons the court should not approve the original.

Thereupon, the opposing counsel or party shall have seven (7) days in which to submit to the Court a contra judgment entry or decree for approval, together with reasons why the Court should not approve the originally submitted judgment entry or decree.

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

If information about additional civil cases does not fit, attach a separate page and check the box.

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

CRITICAL

Applies to

Notice of intent to relocate

The residential parent must file a notice of intent to relocate with the Court.

he/she shall file a notice of intent to relocate with this Court

CRITICAL

Applies to

Final judgment or post decree order

Must include

caption

The caption of specified final judgments and post-decree orders must include each party’s complete name, current address, Social Security number, and date of birth.

On all final judgments granting a Decree of Divorce, Legal Separation, Annulment, or Dissolution of Marriage, or on any final judgment entry relating to any post- decree relief, whether modification, contempt, change of residential parent, or any other post- decree relief, the complete name and current address of each party along with their social security numbers and dates of birth shall be included in the caption of the Order.

CRITICALCivil cases

Applies to

First pleading

By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court, including Dissolutions, Divorces and Domestic Violence Petitions.

By law, an affidavit must be filed and served with the first pleading filed by each party in every parenting (custody/visitation) proceeding in this Court, including Dissolutions, Divorces and Domestic Violence Petitions.

CRITICAL

Applies to

Original complaint

An original divorce, legal-separation, or annulment complaint alleging minor children must be filed with the parenting affidavit required by Ohio Revised Code Section 3109.27, 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: d. a parenting affidavit as required by Section 3109.27 of the Ohio Revised Code as the same is now or may from time to time be amended.

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

Select only one box concerning nonparties with custody or visitation rights regarding children in the case.

6. Persons not a party to this case who has physical custody or claims to have custody or visitation rights to children subject to this case: (Check only one box.)

CRITICAL

Applies to

Original pleading or post judgment motion

Must include

caption

Every original pleading or post-judgment motion filed with the Clerk must include all parties’ full names and complete addresses in the caption.

Every original pleading or post judgment motion, including but not limited to counterclaims, third-party complaints, and cross-claims, filed with the Clerk of Courts shall have in the caption of said pleading the full names and complete addresses of all parties thereto.

CRITICAL

Applies to

Ex parte temporary child support motion

A custodial party may request an ex-parte temporary child-support order before the motion hearing, but the motion must include the proper affidavit of need and supporting documents.

An appropriate ex-parte temporary order for child support may be requested by either party having custody of the child or children at any time prior to the hearing date for motions, provided said motion is accompanied by the proper affidavit of need and supporting documents as required by Paragraph 1 herein so as to not deprive any minor child or children of the parties of funds necessary for support.

CRITICALCivil cases

Applies to

Affidavit of property

If claiming separate property, the affidavit must explain the claim’s nature and amount.

If you are making any claims in any of the categories below, explain the nature and amount of your claim. This includes, but is not limited to, inheritances, property owned before marriage, and any pre-marital agreements.

CRITICALCivil cases

Applies to

Affidavit of property

The Affidavit of Property must not be signed until a notary is present.

[Do Not Sign Until Notary is Present]

CRITICAL

Applies to

Interrogatories and answers

Interrogatories and answers may be filed only with a motion seeking affirmative relief, and only their pertinent parts may be filed.

Interrogatories directed to any party and the answers thereto shall not be filed in any case unless in conjunction with a motion seeking affirmative relief, and then, only the pertinent parts thereof are to be filed.

CRITICAL

Applies to

Decree

A decree involving a minor child must contain the language required by the cited Ohio Revised Code sections.

Upon the granting of any Divorce, Legal Separation, Annulment, or Dissolution of Marriage, in which there is/are a minor child(ren), the Decree must contain the appropriate language in manner and form as required by Sections 3121.27 and 3121.29 of the Ohio Revised Code as the same now are or may from time to time be amended.

CRITICAL

Applies to

Pleading or motion

Pleadings and motions must be signed by the party’s attorney in accordance with the Ohio Rules of Civil Procedure; if the party is represented by a firm, the signing attorney must be the individual attorney representing that party.

All pleadings and motions shall be signed by the attorney for the party he or she represents in accordance with the Ohio Rules of Civil Procedure and if a party is represented by a firm, by the individual attorney for that firm representing the party.

CRITICAL

Applies to

Complaint cross claim or counterclaim

Each complaint, cross-claim, and counterclaim must state the nature of the action and identify the Appendix A case type and whether the action is tried by a judge or jury.

Each complaint, cross claim and counterclaim shall state the nature of the action and have styled in the caption the type of case as set forth in Appendix “A” and whether said action is triable by Judge or Jury.

CRITICAL

Applies to

Child support modification motion

A motion to modify child support must be filed with the supporting documents required by Section C-1(a)–(d).

Upon the filing of a motion for modification of an existing support order in which support is being requested to be modified for the benefit of the child(ren) of the parties, the supporting documents as required in Section C-1(a), (b), (c), and (d) of this Rule shall also be filed contemporaneously with said motion.

CRITICALCivil cases

Applies to

Parenting proceeding affidavit

Select only one box for information about other civil cases that could affect the case.

4. Information about other civil case(s) that could affect this case: (Check only one box.)

CRITICAL

Applies to

Certificate of service

A certificate of service must be filed as proof that interrogatories or answers were served on the opposing party or parties.

In lieu thereof, a certificate of service of the serving of interrogatories or answers thereto shall be filed as proof of the serving of the same upon the opposing party or parties.

CRITICAL

Applies to

Agreement or stipulation

Agreements and stipulations in civil or domestic cases must be written and signed; those made in open court must also be executed by counsel and the parties and filed with the Clerk to be recognized in a later dispute.

Agreements and stipulations of Counsel of the parties in all civil or domestic cases must be reduced to writing and signed by Counsel for the parties or the parties themselves. If made in open court, Counsel shall thereafter reduce the same to writing and cause the same to be executed by Counsel for the parties as well as the respective parties and thereafter filed with the Clerk; otherwise, no such agreement or stipulation shall be recognized by the Court should a later dispute arise.

WARNING

Applies to

Domestic relations filing

If the parties’ Social Security numbers are unknown in a domestic relations case, plaintiff’s counsel must exercise reasonable diligence to obtain them for filing.

If these numbers are unknown, Counsel for the Plaintiff shall exercise reasonable diligence to ascertain this information for filing purposes.

WARNINGCivil cases

Applies to

Affidavit of income and expenses

Write “none” in affidavit categories where appropriate.

Write "none" where appropriate.

WARNING

Applies to

Substitution of counsel and entry of appearance

Failure to file the substitution of counsel and the new counsel’s entry of appearance as required may be considered grounds for contempt.

Failure to do so may be considered as grounds for contempt of court.

WARNING

Applies to

Case docket

After serving notice of entry, the clerk must note the completed service in the case docket.

The Clerk shall then make a notation in the case docket indicating that the required service has been made.

WARNINGCivil cases

Applies to

Parenting proceeding affidavit

If additional space is needed for more children, attach a separate page and check the indicated box.

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

WARNINGCivil cases

Applies to

Affidavit of income and expenses

If an exact figure is unknown, provide the best estimate and mark it “EST.”

If you do not know exact figures for any item, give your best estimate, and put "EST."

WARNINGCivil cases

Applies to

Affidavit of property

If more room is needed for an explanation, attach a page containing the explanation and identify the question it addresses.

if more space is needed to explain, please attach an additional page with the explanation and identify which question you are answering.

WARNINGCivil cases

Applies to

Parenting proceeding affidavit

The affidavit must indicate only one option for participation in custody cases.

3. Participation in custody case(s): (Check only one box.)

WARNING

Applies to

Program handbook

Upon referral, the candidate must be provided with a copy of the Program Handbook.

Upon receipt of prospective participant referrals an Adult Drug Court Coordinator and/or defense attorney will provide the candidate with a copy of the Program Handbook and an application screening form to be completed and returned to an Adult Drug Court Coordinator prior to screening by the Adult Drug Court treatment team.

WARNINGCivil cases

Applies to

Health insurance affidavit

Do not sign the health insurance affidavit until a notary is present.

(Do not sign until notary is present.)

WARNINGCivil cases

Applies to

Pretrial order

The Pretrial Order should note exhibits as follows: | APPENDIX A | Joint Exhibits | | --- | --- | | APPENDIX B | Plaintiff Exhibits | | APPENDIX C | Defendant Exhibits | | APPENDIX D | Third Party Exhibits |

The Pretrial Order should note exhibits as follows: | APPENDIX A | Joint Exhibits | | --- | --- | | APPENDIX B | Plaintiff Exhibits | | APPENDIX C | Defendant Exhibits | | APPENDIX D | Third Party Exhibits |

WARNINGCivil cases

Applies to

Affidavit of income and expenses

The affidavit instructs the filer to list monthly expenses for the present household.

List monthly expenses below for your present household.

WARNINGCivil cases

Applies to

Affidavit

Do not sign the affidavit until a notary is present.

[Do not sign until notary is present.]

WARNING

Applies to

Standard mutual restraining order request

Either party may seek a standard mutual restraining order by affidavit, requesting one or more of the listed restraints.

The Parties may seek a standard mutual restraining order as outlined below with an Affidavit so as to keep the peace between the Parties regardless of a determination of fault to immediately lessen the possible adverse impact of the divorce on children and to preserve the marital property for later division and to preserve the status quo. Either Party may request the Magistrate, by Affidavit, that both Parties are restrained from one or more or all of the following:

WARNINGCivil cases

Applies to

Child support services application

Applicants receiving ADC or Medicaid must not complete this child support services application.

IMPORTANT: If you are receiving ADC or Medicaid, do not complete this application, because you became eligible for child support services when you became eligible to receive ADC or Medicaid

WARNINGCivil cases

Applies to

Pretrial order

(Note: Needless Court time is taken up in the marking of exhibits during trial. Accordingly, the exhibit list should be prepared prior to trial and set forth in the Pretrial Order.

(Note: Needless Court time is taken up in the marking of exhibits during trial. Accordingly, the exhibit list should be prepared prior to trial and set forth in the Pretrial Order.

WARNINGCivil cases

Applies to

Affidavit

Do not repeat expenses already listed when completing the monthly installment payments section.

(Do not repeat expenses already listed.)

WARNINGCivil cases

Applies to

Affidavit of income and expenses

Add pages to the affidavit if more space is needed.

If you need more space, add additional pages.

WARNINGCivil cases

Applies to

Child support services application

Recipients of child support services must cooperate with the CSEA to the best of their ability.

- B. Recipients of child support services shall cooperate to the best of their ability with the CSEA (See attached rights and responsibility information).

WARNINGCivil cases

Applies to

Final pretrial order

(1) PLAINTIFF CLAIMS: (Set out brief summary without detail; an itemized statement of special damages should be included)

(1) PLAINTIFF CLAIMS: (Set out brief summary without detail; an itemized statement of special damages should be included)

WARNINGCivil cases

Applies to

Parenting proceeding affidavit

Additional pages must be added if more space is needed for the affidavit.

If more space is needed, add additional pages.

WARNING

Applies to

Final appealable judgment or order

A final appealable judgment or order must be marked as a final appealable order, except when it is against a party in default for failure to appear.

In any case in which the final appealable judgment or order has been rendered, other than a judgment or order rendered against a party in default for failure to appear, the Trial Judge rendering said judgment or order shall cause to be indicated upon the same a notation that said judgment or order is a final appealable order

WARNINGCivil cases

Applies to

Affidavit of income and expenses

Complete every category in the affidavit; do not leave any blank.

Do not leave any category blank.

WARNINGCivil cases

Applies to

Parenting proceeding affidavit

If the party participated in another custody or visitation case concerning a child in this case, the affidavit must provide the requested information for each such case.

I HAVE participated as a party, witness, or in any capacity in any other case, in this or any other state, concerning the custody of, or visitation (parenting time), with any child subject to this case. For each case in which you participated, give the following information:

WARNINGCivil cases

Applies to

Affidavit of property

If an exact debt figure is unknown, provide the best estimate and label it “EST.”

If you don't know exact figures for any item, give your best estimate, and put "EST."

WARNINGCivil cases

Applies to

Parenting proceeding affidavit

The affidavit must include the requested information for all minor or dependent children of the marriage.

Insert the information requested below for all minor or dependent children of this marriage.

INFO

Applies to

Standard mutual restraining order

A party may seek to modify the standard mutual restraining order to delete restraints that party is not requesting.

The Order may be modified to delete any restraints the Party is not seeking.