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

CRITICAL

Applies to

Ex parte motion

In a new matter, an ex parte motion must be accompanied by the applicable complaint, filed contemporaneously with the motion.

In new matters, the ex parte Motion shall be accompanied by a Complaint for Divorce, Legal Separation, or Complaint for Allocation of Parental Rights and Responsibilities/Parenting Time/Third Party Custody Action which shall be filed contemporaneously with the ex parte Motion.

CRITICAL

Applies to

Motion

Each motion, except motions for pendente lite or ex parte orders, must include a notice of hearing separately or distinctly unless the Court or the rules waive it.

Each motion except motions for pendente lite or ex parte orders shall include either separately, or in a distinct manner, a notice of hearing unless waived by the Court or these rules.

CRITICAL

Applies to

Entry decree or other paper

Entries, decrees, and other papers submitted to the Court for filing must include appropriate copies for distribution.

All entries, decrees, and other papers submitted to the Court for filing shall be presented with the appropriate copies for distribution.

CRITICAL

Applies to

Court certificate of release

A request for a partial release must include a conforming legal description attached to the Court Certificate of Release.

If a partial release is requested, a legal description conforming to Local Rule 16.02(D) shall be attached to the Court Certificate of Release.

CRITICAL

Applies to

Bond recommendation report

The pretrial release officer must draft a bond recommendation report containing investigation information and recommendations on bail, placement, and release conditions.

After administering the ORAS-PAT, the pretrial release officer shall draft a bond recommendation report. In addition to encompassing information acquired during the pretrial release investigation, the pretrial release officer's recommendations on bail, placement in pretrial release and conditions of release shall be included in the bond recommendation report.

CRITICALCriminal cases

Applies to

Motion to dismiss

After successful completion is verified by the Diversion Director, the Prosecuting Attorney must file a motion to dismiss, and the Court must dismiss the case.

Upon successful completion of all Diversion Program requirements, as verified by the Diversion Director, the Prosecuting Attorney shall file a motion to dismiss the case, and the Court shall dismiss the case pursuant to Revised Code Section 2935.36(D).

CRITICAL

Applies to

Title insurance commitment

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

The TIC 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

Background disclosure form

If a complaint or action was initiated against the respondent in an administrative forum during the past 10 years, the box below must be completed.

22. Have you had a complaint or action initiated against you in any administrative forum in the past 10 years? If so, please complete the box below.

CRITICAL

Applies to

Entry

The entry's total distribution must match the amount in the Sheriff's return of sale.

The total distribution in the entry matches the amount from the Sheriff's return of sale.

CRITICAL

Applies to

Confidential disclosure of personal identifiers form

When an action requires a social security number or other defined personal identifier, the prescribed Confidential Disclosure of Personal Identifiers form must be completed and filed to provide that information to the Court.

Pursuant to Sup.R. 45(D) (3), all personal identifiers shall be provided to the Court on the Confidential Disclosure of Personal Identifiers form promulgated by the Supreme Court as prescribed in and adopted by this rule. The Confidential Disclosure of Person Identifiers form shall be completed and filed in any action that requires a social security number or other personal identifier as defined in Sup. Rule (44)(H).

CRITICAL

Applies to

Guardian ad litem appointment order

Orders appointing Guardians ad Litem must substantially comply with the appendix order.

Pursuant to Superintendence Rule 48.02, all orders appointing Guardians ad Litem shall substantially comply with the Order set forth in Item 4 of the Appendix to this Rule.

CRITICAL

Applies to

Written findings of fact

Written findings of fact must be prepared when referring certain domestic-violence cases to mediation.

Written findings of fact shall be prepared to refer certain cases involving domestic violence to mediation, as required by Revised Code Section 3109.052.

CRITICAL

Applies to

Final decree

A qualifying final decree must assign preparation and submission of the QDRO to the plan’s primary participant.

In all final decrees that require Qualified Domestic Relations Orders for retirement plans of both or either party, the decree shall be worded to place responsibility for the preparation and submission of the Qualified Domestic Relations Order upon the primary participant in the plan.

CRITICAL

Applies to

Title insurance commitment

The TIC must be signed by an appropriate officer of the title company.

The TIC has been signed by an appropriate officer of the title company.

CRITICAL

The referenced submission must be made on Form 205.

must be submitted on Form 205, and Expert Expenses must be submitted on Form 209.

CRITICAL

Applies to

Post decree motion

Post-decree motions to modify or vacate a judgment must be identified in the caption just under the case number; failure to do so results in dismissal unless just cause is shown.

In order for the Clerk of Courts to efficiently and effectively administer this rule, all post decree motions to modify or vacate a judgment must be properly designated by proper identification within the caption of the case just under the case number. FAILURE TO PROPERLY IDENTIFY A POST DECREE MOTION WILL RESULT IN A DISMISSAL OF THE MOTION, unless just cause is shown for the failure to properly identify the motion.

CRITICAL

Applies to

Mediation conclusion notification

The mediator must notify the Court in writing when mediation concludes.

The mediator shall notify the Court, in writing, upon the conclusion of mediation.

CRITICAL

Applies to

Preliminary judicial report

For each judgment lien, the PJR must list each lien holder's name and address and, if any, the name and address of the lien holder's attorney as shown on the recorded lien.

The PJR lists the name and address of each lien holder and the name and address of each lien holder's attorney, if any, as shown on the recorded lien of the lien holder for each judgment lien.

CRITICAL

Applies to

Appointed counsel payment forms

Completed and correct forms must be submitted to the Court for approval for each appointed case to receive payment.

The fully completed and correct forms must be timely submitted to the Court for approval in order for an attorney or guardian ad litem to receive payment for fees and expenses incurred on each case for which the attorney or guardian ad litem is appointed.

CRITICAL

Applies to

Hearing or trial date entry

Entries setting or continuing a hearing or trial date must be manually signed by the Judge and filed on paper by court staff.

entries setting or continuances of a hearing or trial date (these will be signed manually by the Judge and filed in paper format by the court staff)

CRITICALCriminal cases

Applies to

Order to hold bond violation and set bond hearing

For in-custody bond violation hearings, the pretrial release officer must prepare an Order to Hold Bond Violation and Set Bond Hearing.

For these hearings the pretrial release officer shall prepare an Order to Hold Bond Violation and Set Bond Hearing.

CRITICALCriminal cases

Applies to

Referral entry

A signed referral entry with the specified title must be completed.

a signed entry entitled "ENTRY REFERRING DEFENDANT TO ARMOR COURT PROGRAM FOR EVALUATION FOR PROGRAM ELIGIBILITY AND ADMISSION" must be completed

CRITICAL

Applies to

Entry or decree

Agreed entries, decrees, and entries submitted without objection must bear all counsel’s signatures or indicate counsel’s telephone authority for approval.

All agreed entries, decrees, or entries submitted without objection of opposing counsel, shall include the signature of all counsel or indication of counsel's telephone authority for approval.

CRITICAL

Applies to

Proposed entry confirming sale and ordering deed

Counsel for the party or parties who obtained the Order of Sale must prepare and file a proposed Entry Confirming Sale and Ordering Deed.

Counsel for the party or parties that obtained the Order of Sale shall prepare and file a proposed Entry Confirming Sale and Ordering Deed, and serve copies upon all parties not in default, or their attorneys of record, by regular mail, within seven (7) days after the costs bill has been determined.

CRITICAL

Applies to

Guardian ad litem comment form

ad Litem shall use the “Guardian ad Litem Comment Form”, Item 6, which is contained in the appendix to these Rules.

ad Litem shall use the “Guardian ad Litem Comment Form”, Item 6, which is contained in the appendix to these Rules.

CRITICAL

Applies to

Objections

A transcript for objections should be complete; submitting a partial transcript with Civil Rule 53 objections waives objections to any factual finding in the Magistrate’s Decision.

Transcripts requested for purposes of filing objections should be for the complete transcript. The submission of a partial transcript with any objections pursuant to Civil Rule 53 will constitute a waiver of objections to any finding of fact contained in the Magistrate's Decision.

CRITICAL

Applies to

Dissolution decree

Every dissolution decree must have the separation agreement attached, even if the same agreement was filed with the petition.

Each dissolution of marriage decree must have a separation agreement attached to it even if it is the same agreement filed with the petition.

CRITICAL

Applies to

Military and minority status affidavit

An affidavit regarding the defendant's military and minority status must be filed.

An affidavit regarding the Defendant(s) military/minority status has been filed.

CRITICAL

Applies to

Reentry of counsel

After withdrawing, counsel may not re-enter the case without the Court’s prior written approval.

Once counsel has filed a notice of withdrawal or has been otherwise permitted to withdraw, counsel may not re-enter the case without prior written approval of the Court.

CRITICAL

Applies to

Pre sentence investigation paperwork

The applicant must complete the paperwork and bring it to the interview.

Fill this paperwork out completely and bring it with you to the interview!

CRITICAL

Applies to

Ex parte civil protection order petition

A petition requesting an ex parte Civil Protection Order must include a notarized affidavit with facts supporting the request and a notarial jurat.

Should a Petitioner wish to request an ex parte Civil Protection Order, the petition shall be accompanied by a notarized affidavit stating facts sufficient to establish that the Petitioner is entitled to an ex parte Civil Protection Order. No request for an ex parte Civil Protection Order shall be filed with the Clerk of Courts without an affidavit including a jurat notary.

CRITICAL

Applies to

Entry

The purchaser names in the entry must be correct and complete according to the Sheriff's return of sale.

The name of the purchaser(s) in the entry is correct and complete according to the Sheriff's return of sale.

CRITICAL

Applies to

Motion entry and certification form

Every submitted Motion, Entry, and Certification form for attorney fees and expenses must itemize the attorney’s in-court and out-of-court hours.

For attorney fees and expenses, the itemization of hours spent in-court and out-of-court by the attorney is required on every Motion, Entry, and Certification form submitted.

CRITICAL

Applies to

Proposed order

A proposed order must identify the specific motion to which it applies.

Proposed orders must be submitted in Word [.doc or .docx] and reference the specific motion to which it applies.

CRITICAL

Applies to

Entry order

If opposing counsel or a party refuses approval, submit the entry or order without approval and mark it “submitted but not approved.”

If the delay is due to opposing counsel/party refusing to approve it, counsel shall submit it to the Court without said approval with the notation “submitted but not approved.”

CRITICAL

Applies to

Periodic fee statement

When submitting periodic fee statements to the Court and the parties, the Guardian ad Litem must comply with Superintendence Rule 48.03(H).

The Guardian ad Litem shall comply with all requirements of Superintendence Rule 48.03(H) when submitting periodic fee statements to the Court and the parties.

CRITICAL

Applies to

Objection

A party who did not file a responsive affidavit under Civil Rule 75 may not object to the income amount attributed to them unless good cause is shown.

After a temporary support order has been filed, a party may not object to the amount of income attributed to that party where the party has failed to file a responsive affidavit pursuant to Civil Rule 75 unless good cause is shown for such failure.

CRITICAL

Applies to

Financial disclosure affidavit of indigency

An applicant must complete form OPD-206R and all other forms required by the Knox County Public Defender's office, and comply with the rules of the listed authorities.

The applicant shall complete the financial disclosure form (form OPD-206R: Financial Disclosure/Affidavit of Indigency), and all other forms required by the Knox County Public Defender's office, and shall comply with all rules promulgated by this Court, the Ohio Public Defender Commission, and the Knox County Public Defender Commission.

CRITICAL

Applies to

Objections

A party objecting to a Magistrate’s factual determination must order a transcript of the hearing at issue.

Any party objecting to a factual determination in a decision or order of the Magistrate shall order a transcript of said hearing from which the objections are raised.

CRITICAL

Applies to

Supporting affidavit

Motions requesting this relief must include supporting affidavits that clearly delineate the expected harm and address all listed matters.

Motions requesting relief of this nature must have support affidavits which clearly delineate the expectant harm and all of the following:

CRITICAL

Applies to

Expense reimbursement request

Expenses must be approved by the appointing Court.

The appointing Court must approve the expenses.

CRITICAL

Applies to

Parenting coordinator appointment order

The parenting coordinator appointment order must set forth the listed information and procedures, including directing the parties to contact the coordinator within the period specified by the Court.

The Court’s appointment order shall set forth all of the following: - (a) The name of the parenting coordinator and any contact information the Court may choose to include; - (b) The definition and purposes of the parenting coordinator; - (c) The specific scope of authority of the parenting coordinator; - (c) The term of the appointment; - (d) The scope of confidentiality; - (e) The parties' responsibility for initial deposit, fees, and expenses for services rendered by the parenting coordinator; - (f) Parenting coordination terms and conditions; and - (g) Procedures for decision-making of the parenting coordinator; - (h) Procedures for objections to parenting coordinator decisions; - (i) Other provisions as the Court considers necessary and appropriate; - (j) An order for the parties to contact the parenting coordinator within the time period specified by the Court.

CRITICAL

Applies to

Custody evaluation report

A written custody evaluation report is required.

A written report as to the Custody Evaluation is required pursuant to Rules 91.01 through 91.07 of the Superintendence Rules.

CRITICALCivil cases

The Petitioner must inform the Court, in the Petition or at the first hearing—whichever is earlier—of the existence and terms of any other court order affecting the identified parties’ rights.

The Petitioner shall inform the Court in the Petition, or at the first hearing in the case, whichever is earlier, about the existence and terms of any other order of any Court that affects the rights of the Petitioner, the protected persons, and the Respondent identified in the Petition.

CRITICAL

Applies to

Stipulation

Stipulations must be written, approved by the parties or their counsel, and filed with the Court unless the Court waives these requirements.

B. All stipulations are to be in writing, approved by the parties or their counsel, and filed with the Court, unless waived by the Court.

CRITICAL

Applies to

Legal description

Submit the new description to the Tax Map Department for a transfer-acceptability determination, obtain its statement, and file that statement with the Court.

The new description shall be submitted to the Tax Map Department of the Knox County Engineer's Office for a determination of acceptability of transfer, and a statement pertaining thereto shall be secured from the Tax Map Department of the Knox County Engineer's Office and filed with the Court.

CRITICAL

Applies to

Parenting coordination agreement

Parties must sign and abide by session agreements; the agreements must be kept in the parenting coordination file and copied to each party and any attorney.

(a) Parties shall sign and abide by agreements reached during a parenting coordination session, which shall be maintained in the parenting coordination file. The parenting coordinator shall provide a copy to each party and their attorneys, if any.

CRITICAL

Applies to

Non paper physical exhibit

A petitioner filing a non-paper physical exhibit must provide two copies, but may keep a sole copy for the final hearing after the respondent has had a chance to review it.

Should a Petitioner wish to file with the Clerk of Court a cd, USB, or other physical exhibit which is not on paper, the Petitioner shall supply to the Clerk of Court two (2) copies of the cd, USB, or other physical exhibit which is not on paper. Should the Petitioner only have one such copy of the item, the Petitioner may keep the exhibit

CRITICAL

Applies to

Diversion program acceptance documents

If participation is approved, the defendant and defense counsel must sign the speedy-trial waiver, limitations-tolling agreement, program-rules acknowledgment, and written guilty plea and allocution statement, which may be used if the defendant does not complete the program successfully.

If the Prosecuting Attorney approves the defendant's participation in the Diversion Program, the Defendant and his defense counsel must sign the following documents: - 1. A waiver of speedy trial contingent upon the successful completion of the program; - 2. An agreement tolling any periods of limitation applicable to the offense while the defendant is in the Diversion Program; - 3. An acknowledgement of the Rules of the Diversion Program; - 4. A written Plea of Guilty and Allocution Statement. The Plea and Allocution Statement will be held by the Diversion Officer pending successful completion of the program. The defendant shall acknowledge that the Plea and Allocution Statement may be used in evidence against the defendant if the defendant does not successfully complete the Diversion Program.

CRITICAL

Applies to

Standard temporary restraining order

When a divorce, legal separation, or annulment complaint is filed, the Clerk must issue a reciprocal Standard Temporary Restraining Order in the Court-approved format and signed by a Judge.

Upon the filing of any complaint for divorce, legal separation, or annulment, the Clerk of this Court shall, in every case, issue a reciprocal Standard Temporary Restraining Order in the format approved by the Court and signed by a Judge.