Knox County Court of Common Pleas, General and Domestic Relations Division Document Filing Requirements

CRITICAL

Applies to

Entry

If a party or counsel refuses to sign a prepared entry, submit it to the Court with a notation stating when it was supplied, the lack of response or refusal, and the reason if known.

If the entry/order has been prepared, but one party or counsel refuses to sign said entry/order, the entry/order shall be submitted to the Court with a notation detailing when said entry/order was supplied to the opposing party/counsel and his/her lack of response or refusal to sign and why, if known.

CRITICAL

Applies to

Affidavit

The supporting affidavit must state whether prior notice was given and explain why if it was not.

1. Whether the other party was provided prior notice of the filing party's intent to request an ex parte order, and if prior notice was not provided, the reason(s) for not providing notice.

CRITICALCriminal cases

Applies to

Pretrial release terms and conditions

After the judge signs the pretrial release terms and conditions, they must be filed with the clerk and a signed, filed copy provided to the defendant.

Once the judge signs the pretrial release terms and conditions, filing them with the clerk of courts and providing the defendant with a signed and filed copy.

CRITICAL

Applies to

Motion

Before an entry is submitted, either party may seek to set aside the settlement agreement and reset the matter for hearing by filing a written motion.

Before an entry has been submitted, either party may request that the settlement agreement be set aside and the matter reset for hearing. The request must be in writing in the form of a motion.

CRITICAL

Applies to

Affidavit

An application for a continuance based on an absent witness must be supported by an affidavit stating what the witness is expected to prove.

In order to obtain a continuance on this ground, the party making the application must support the same by affidavit stating therein what is expected to be proven by the appearance of such witness.

CRITICAL

Applies to

Preliminary judicial report

The PJR must cover the complete and correct property and include the specified property identifiers and location.

The PJR covers the complete and correct property being foreclosed and includes the property's permanent parcel number, prior instrument reference, parcel number, and address or location of property.

CRITICAL

Applies to

Affidavit

The listed affidavits must use Supreme Court-approved forms.

All Parenting Proceeding Affidavits; Affidavits of Basic Information, Income, and Expenses; Affidavits of Property and Debt; and Health Insurance Affidavits must be the Supreme Court approved forms.

CRITICAL

Applies to

Foreclosure filing

File preliminary and final judicial reports for property that does not exceed four single-family units and is not commercial real estate; otherwise, file a commitment for an owner's fee policy of title insurance.

(B) If the property does not consist of more than four single family units or of commercial real estate, a preliminary judicial report and final judicial report shall be filed in accordance with O.R.C.§2329.191(B). If the property consists of more than four single family units or of commercial real estate, a commitment for an owner's fee policy of title insurance shall be filed in accordance with O.R.C. §2329.191(C).

CRITICAL

Applies to

Trust or memorandum of trust

When a party's asset is in a trust, the parties must file the trust or a memorandum of trust, including amendments, within 30 days of commencing the action or proceeding.

In all cases where any asset of the parties is in a trust, the parties shall file a copy of the trust or a memorandum of trust with any amendments thereto within 30 days of the commencement of the action or proceeding.

CRITICAL

Applies to

Nunc pro tunc entry

The first paragraph of every Nunc Pro Tunc entry must state its basis and identify the error being corrected.

The first paragraph of every Nunc Pro Tunc entry shall contain the basis for the entry, i.e. what error is being corrected.

CRITICAL

Applies to

Pleading or motion

Pleadings or motions to be served by the Clerk or Sheriff must be filed with the original and sufficient copies.

1.03 The original and sufficient copies of the pleadings or motion to be served by the Clerk of Courts or Sheriff shall be filed with the Clerk.

CRITICAL

Applies to

Fee resolution

Counties must provide for extraordinary fees in the fee resolution adopted under R.C. 120.33(A)(3).

Counties must provide for extraordinary fees in their fee resolution adopted pursuant to R.C. 120.33(A)(3).

CRITICAL

Applies to

Certificate of qualification for employment petition

The petitioner must provide the DRC Electronic Petition Number and attach a printed receipt of the electronic petition.

The Petitioner shall provide the DRC Electronic Petition Number and attach a printed receipt of electronic Petition.

CRITICAL

Applies to

Entry

Any deficiency amount must be correctly stated in the entry.

The deficiency amount, if any, is correctly stated in the entry.

CRITICAL

Applies to

Complaint

A foreclosure complaint must include a copy of the mortgage; if it does not show the plaintiff as mortgagee on its face, the recorded assignment must be filed, and every recorded assignment must be filed if the mortgage has been assigned numerous times.

(B) A copy of the mortgage securing payment of the note, demonstrating that the plaintiff is the mortgagee of the mortgage. If the mortgage does not reflect that the plaintiff is the mortgagee on its face, a copy of the recorded assignment of mortgage shall be filed, demonstrating that the plaintiff is the mortgagee. If the mortgage has been assigned numerous times, a copy of each recorded assignment shall be filed.

CRITICAL

Applies to

Background disclosure statement

Anyone seeking appointment as a Guardian ad Litem must complete the designated Item 8 Background Disclosure Statement.

25.1.5 Background Disclosure Form. All persons desiring to be appointed to serve as a Guardian ad Litem shall complete a “Background Disclosure Statement” using the form designated as Item 8 in the appendix to these Rules.

CRITICAL

Applies to

Preliminary judicial report

The PJR's legal description must substantially match the mortgage's legal description and bear an approval or conditional approval stamp from the Map Office.

The legal description in the PJR is substantially identical to the legal description in the mortgage and the legal description has an approval or conditional approval stamp from the Map Office.

CRITICAL

Applies to

Witness copy of subpoena

The witness’s copy of the subpoena must recite parts C and D of Civil Rule 45.

Further, the witness' copy of the subpoena shall include a recitation of parts C and D of Civil Rule 45.

CRITICAL

Counsel may withdraw upon motion with the client’s consent and a substitution of counsel.

(A) Upon motion with consent of the client and a substitution of counsel, or

CRITICAL

Applies to

Rule 26 f conference report

Signatories to the Rule 26(F) conference report represent that the conference occurred and that they made a meaningful attempt to meet and confer.

The Civ. R. 26 (F) conference was held on _____. The lawyers and self-represented parties signing below represent that they engaged in a meaningful attempt to meet and confer on the matters outlined below, understanding the court my enter or amend a Case Scheduling Order in reliance on this Report.

CRITICAL

Applies to

Entry

The entry must prorate taxes to at least 45 days after the Sheriff's Sale.

Taxes are prorated to at least forty-five (45) days after the date of the Sheriff's Sale.

CRITICAL

Applies to

Certificate of qualification for employment petition

Every CQE petition must be accompanied by the Department of Rehabilitation and Corrections CQE Summary.

All Petitions shall be accompanied by the Department of Rehabilitation and Corrections CQE Summary.

CRITICAL

Applies to

Transcript request

A request for a complete or partial transcript must be written, filed with the Clerk of Courts, and comply with Local Rule 29.0.

Where a party requests the preparation of a complete or partial transcript, the request must be made in writing and filed at the Clerk of Courts. Said request must also fully comply with Local Rule 29.0.

CRITICAL

Applies to

Initial disclosure

A party must provide initial disclosures to the other parties without awaiting a discovery request, including the specified witnesses, evidence, damages information, and insurance agreements, subject to the stated exceptions.

A. Without awaiting a discovery request, a party must provide to the other parties, except as exempted by Civil Rule 26(B)(3)(b) or as otherwise stipulated, or ordered by the Court: - 1. the name and, if known, the address and telephone number of each individual likely to have discoverable information - along with the subjects of that information - that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; - 2. a copy - or a description by category and location - of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; - 3. a computation of each category of damages claimed by the disclosing party – who must also make available for inspection and copying as under Civil Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and - 4. for inspection and copying as under Civil Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.

CRITICAL

Applies to

Proposed judgment entry

The entry must state damages matching the amount established in the affidavit of damages.

The entry finds an amount of damages that matches the damages established in the above mentioned affidavit of damages.

CRITICAL

Applies to

Motion affidavit ex parte order

Each motion, affidavit, and ex parte order filed under this section must be accompanied by an immediate hearing request form.

7.10.1(b) Immediate Hearing Request Form. All motions, affidavits and ex parte orders filed under this section of the Local Rule shall be accompanied by an immediate hearing request form. (see page 23).

CRITICAL

Applies to

Withdrawal request

A request to withdraw as counsel of record must include a supporting memorandum stating the general reasons for the request.

All requests for withdrawal as counsel of record must include a memorandum in support indicating the general reasons for the request.

CRITICAL

Applies to

Ex parte motion

In a post-decree matter, an ex parte motion must be accompanied by the applicable post-decree motion.

In Post-Decree matters the ex parte Motion shall be accompanied by a Motion to Reallocate Parental Rights and Responsibilities, a Motion to Modify/Terminate Parenting Time/Shared Parenting Decree/Plan, or Motion for Third Party Custody which shall be filed contemporaneously with the ex parte Motion.

CRITICAL

Applies to

Pre sentence investigation packet

The defendant must complete the pre-sentence investigation packet and return it to the Intervention Officer at the scheduled meeting.

The defendant will be required to complete the pre-sentence investigation packet and return the packet to the Intervention Officer at a scheduled meeting time.

CRITICAL

Applies to

Income withholding notice

When spousal or child support is ordered, Knox County Child Support Services must prepare and file income-withholding notices to the obligor, employer, and payer.

In all actions in which spousal support or child support is ordered, the Knox County Child Support Services shall prepare and file the appropriate notice(s) to obligor, employer and notice to payer to withhold obligor's income.

CRITICAL

Applies to

Entry

Final entries and entries addressing specified support, custody, parenting-time, or child-related expenses must include each party’s current address and date of birth unless that information is specifically waived.

All final entries or any entries ordering or modifying spousal support or child support, custody, parenting time or the payment of any expenses relating to the parties’ children shall not be accepted for filing by the Clerk of Courts without the current address and date of birth of each party unless specifically waived by the Court, Magistrate or Court Administrator.

CRITICAL

Applies to

Ex parte motion affecting property

A motion requesting an ex parte order affecting disposition of property must be supported by filed affidavits.

Affidavits shall be filed with the motion to support the request of all ex parte orders affecting the disposition of property.

CRITICAL

Applies to

Requests and proposed findings and conclusions

Copies of all requests for and proposed findings of fact and conclusions of law must be submitted to the Court.

A copy of all requests for, and proposed, findings of fact and conclusions of law must be submitted to the Court.

CRITICAL

Applies to

Objections

No transcript is necessary for objections limited to conclusions of law, but a transcript or affidavit is mandatory when an objection disputes hearing testimony, an exhibit, or a Magistrate's finding of fact.

A transcript is not necessary if objections are only to conclusions of law. However, if any objection disputes any testimony or exhibit received at the hearing, or any Finding of Fact made by the Magistrate, then pursuant to Civil Rules 53(D)(3)(b)(iii) and 65.1(F)(3)(d)(iv), a transcript or affidavit is mandatory.

CRITICAL

Applies to

Proposed judgment entry

For any cross claimant, the entry must find damages matching the amount that claimant established.

The entry finds an amount of damages owing to any cross claimant matching the amount established by that cross claimant.

CRITICAL

Applies to

Parenting coordinator appointment order

The parenting coordinator appointment order must substantially comply with the Order in Appendix Item 11.

- (k) Shall be in substantial compliance with the Order found in the Appendix as Item 11.

CRITICAL

Applies to

Protective order or clawback agreement

Must include

proposed order

If the parties intend to seek a protective order or clawback agreement, they must produce a proposed order to the Court by the specified date.

If yes, a proposed order shall be produced to the Court by _____ ____.

CRITICAL

Applies to

Final preliminary judicial report or title insurance commitment

A Final PJR or TIC must be filed in conjunction with a dispositive motion by the party seeking affirmative relief.

A Final PJR or TIC has been filed.

CRITICAL

Applies to

Proposed judgment entry

The entry must cover the complete and correct property being foreclosed.

The entry covers the complete and correct property being foreclosed.

CRITICAL

Applies to

Reimbursement request

Reimbursement requests must include a completed Itemized Fee Statement section on form OPD-1026R; incomplete forms are returned for completion.

Requests for reimbursement must include a completed Itemized Fee Statement section on form OPD-1026R regardless of the use of flat rates. Incomplete forms will be returned to the county for completion.

CRITICAL

Applies to

Complaint

The complaint, an attachment, or—when a new survey is required—a supplemental pleading must provide the specified property information in the prescribed format.

(D) Property information shall be contained in the body of the complaint; in an attachment to the complaint; or, in cases where a new survey is required, in a supplemental pleading, in the following format: ## Legal Description ## Prior Instrument Reference ## Parcel Number ## Address or Location of Property Statement As To Whether The Property Does Or Does Not Consist Of More Than Four Single Family Units, Or Of Commercial Real Estate.

CRITICAL

Applies to

Written report

The attorneys of record and appeared unrepresented parties must file a written report outlining the discovery plan within 14 days after the conference.

The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for filing with the Court within 14 days after the conference a written report outlining the plan which substantially complies with Item 3.

CRITICALCriminal cases

Applies to

Application or motion for consideration

An application or motion for consideration is required to seek placement in the ARMOR Court program.

Placement in ARMOR Court Docket – The Court hereby establishes a general guideline on how an offender is considered for the program (an application or motion for consideration is required and to whom it is directed).

CRITICAL

Applies to

Indigency payment and reimbursement applications

Applications for indigency, payment, and reimbursement must use forms prescribed by the Office of the Ohio Public Defender.

All applications for indigency, payment, and reimbursement shall be made upon the forms prescribed by the Office of the Ohio Public Defender.

CRITICAL

Applies to

Transcript

A party appealing a Court decision or order must order a transcript of the hearing being appealed.

Any party appealing from a decision or order of the Court shall order a transcript of said hearing from which the appeal is made.

CRITICAL

Counsel must complete the referenced form when filing a confidential document to notify the Clerk of Court.

Counsel are responsible for filing out the below form, when filing such confidential documents, to inform the Clerk of Court of the filing of a confidential document.

CRITICAL

Applies to

Fee schedule

The county must file an up-to-date fee schedule with the Ohio Public Defender.

The county is responsible for filing an up to date fee schedule with the Office of the Ohio Public Defender.

CRITICAL

Applies to

Proposed judgment entry

The entry must find that the mortgage conditions have been broken and that the holder is entitled to foreclose.

The entry finds that the mortgage conditions have been broken, and the holder is entitled to foreclose.

CRITICAL

Applies to

Judgment entry form

The judge must indicate approval of extraordinary fees by checking the specified box in the Judgment Entry section on the front of the form.

The Judge hearing the case must indicate approval of the extraordinary fees by checking the "Extraordinary Fees Granted" box in the Judgment Entry section on the front of the form

CRITICAL

Applies to

Journal entry

An entry approved by counsel must be signed and presented to the Court for approval.

When counsel approves the entry, it shall be signed and presented to the Court for approval.