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

CRITICAL

Applies to

Parenting coordinator file record

The Court shall maintain a written record in the parenting coordinator's file regarding the nature and

The Court shall maintain a written record in the parenting coordinator's file regarding the nature and

CRITICAL

Applies to

Attorney time records

Attorneys must keep separate time records for each appointed case showing service dates, services rendered, and hours worked; the records are not submitted with billing but may be requested if billing questions arise.

Separate time records are to be maintained by all attorneys for each appointed case showing the date of service, nature of services rendered, and hours worked. These records are not to be turned in with the attorney billing, but may be requested from the attorney in the event that the court or the Ohio Public defender has questions about the billing.

CRITICAL

Applies to

Pleading or motion

Pleadings and motions filed for a party must provide counsel's contact and registration information and, if filed by a firm, identify the attorney primarily responsible.

1.02 Every pleading or motion filed on behalf of a party shall contain the name, address, telephone number, e-mail address for service by electronic means under Civ.R. 5(B)(2)(f), and Ohio Supreme Court attorney registration number of counsel. If filed by a law firm, the name of the particular attorney primarily responsible for the case shall also appear.

CRITICAL

Applies to

Appointment list application

Counsel seeking inclusion on the appointment list must submit a completed court-approved application form signed by the applicant.

In order to be considered for inclusion on the appointment list, counsel shall submit: - 1. A completed application form approved and provided by the court and signed by the applicant.

CRITICAL

Applies to

Title insurance commitment

The TIC must list any lesser estates, leaseholds, and liens.

The TIC lists lesser estates, leaseholds, and liens, if any.

CRITICAL

Applies to

Settlement memorandum

The Court indicates approval by signing the memorandum, after which it must be filed with the clerk and placed in the case file.

The Court shall designate its approval by signing the memorandum. Once signed by the Court, the settlement memorandum shall be filed with the clerk's office and placed in the case file.

CRITICAL

Applies to

Mediation agreement

The Court may require the parties to appear in open court to review a mediated agreement; if approved, the agreement must be filed with the clerk and placed in the case file.

The Court may require the parties to appear in open Court to review the written agreement. If the Court approves the agreement, it shall be filed with the clerk's office and placed in the case file.

CRITICAL

Applies to

Entry

The entry must list lien priorities in the correct order.

The entry lists the priority of liens in the correct order.

CRITICAL

Applies to

Decree

Decrees involving children must state the number of overnight parenting-time days for each parent.

All decrees involving children must state the number of overnight parenting time days each parent has.

CRITICAL

Applies to

Diversion program application

The diversion application process requires the defendant to authorize a background check, including a criminal-history check.

As part of the application, the defendant shall authorize the Diversion Director to complete a background check of the defendant, including the defendant's criminal history.

CRITICAL

Applies to

Temporary support motion or request

Motions or requests for temporary spousal or child support, including modification requests, must include accurate financial affidavits.

All motions or requests for temporary spousal or child support, or any modification thereof, shall include accurate financial affidavits.

CRITICAL

Applies to

Expert report

Except under subsection D, an expert may not testify without a written report provided to opposing counsel that states all opinions, their bases and reasons, and compensation; good cause may excuse the 30-day-before-hearing deadline.

C. Other than under subsection D, a party may not call an expert witness to testify unless a written report has been procured from the witness and provided to opposing counsel. The report of an expert must disclose a complete statement of all opinions and the basis and reasons for them as to each matter on which the expert will testify. It must also state the compensation for the expert's study or testimony. Unless good cause is shown, all reports and, if applicable, supplemental reports must be supplied no later than thirty (30) days prior to the final hearing. An expert will not be permitted to testify or provide opinions on matters not disclosed in his or her report.

CRITICAL

Applies to

Program documents

Diversion applicants must sign all required program documents.

must sign all required program documents.

CRITICAL

Applies to

Background disclosure form

A thorough explanation must be provided for any question answered yes.

If you answered yes to any of the questions above, furnish a thorough explanation.

CRITICAL

Applies to

Title insurance commitment

For each judgment lien, the TIC 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 TIC 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

Proof of seminar completion

Proof of seminar completion must be presented to the Court by the final hearing.

Proof of completing the seminar must be presented to the Court on or before the final hearing.

CRITICALCriminal cases

Applies to

Case transfer entry

The ARMOR Court Coordinator must prepare the case-transfer entry with the specified title and submit it to the program judge for approval.

The ARMOR COURT Coordinator shall prepare the entry entitled "ENTRY TRANSFERRING DEFENDANT'S CASE TO THE ARMOR COURT PROGRAM," submitting it to the ARMOR COURT Program Judge for approval

CRITICAL

Applies to

Final detailed fee statement

Before a final judgment entry is filed, unless the Court directs otherwise, the Guardian ad Litem must submit a detailed final statement of services, expenses, and fees to the parties and the Court for approval.

Prior to filing a final judgment entry or as otherwise directed by the Court, the Guardian ad Litem shall submit a final detailed statement of services performed, expenses incurred and fees charged to the parties and to the Court for its approval.

CRITICAL

Applies to

Release form

One additional copy of the completed form is required when the Journal Entry is filed.

1 additional copy of completed form is required at time of Journal Entry filing

CRITICAL

Applies to

Journal entry

If the entry is neither approved nor rejected, it must be submitted to the Court with counsel’s signature indicating approval or with an indication that it is submitted without approval.

If the entry shall not be approved or rejected, the entry shall be submitted to the Court indicating approval by signature of counsel, or submission without approval.

CRITICAL

Applies to

Recorded mortgage assignment

If the mortgage has been assigned, a copy of each recorded assignment must be filed.

If the mortgage has been assigned, a copy of each recorded assignment was filed.

CRITICAL

Applies to

Initial pleading or motion

Must include

caption

Every initial pleading or motion must include each party's name and complete address in the caption.

1.01 In every initial pleading or motion, filed on behalf of a party or parties, the caption shall set forth the names and complete addresses of each party.

CRITICAL

Applies to

Entry

The entry must provide that all outstanding liens are cancelled.

The entry provides that all outstanding liens are cancelled.

CRITICAL

Applies to

Legal description

Each parcel's legal description must bear an approval or conditional approval stamp from the Tax Map Department of the Knox County Engineer's Office.

(C) The legal description for each parcel of real property shall have an approval or conditional approval stamp from the Tax Map Department of the Knox County Engineer's Office affixed.

CRITICAL

Applies to

Proposed judgment entry

The entry must direct that any sale proceeds be held by the sheriff.

The entry directs that the proceeds of the sale, if any, shall be held by the sheriff.

CRITICAL

Applies to

Immediate hearing request

The hearing request form must include a phone number for the Court to notify the requester of the hearing date and time.

YOU MUST INCLUDE A PHONE NUMBER BELOW FOR THE COURT TO NOTIFY YOU OF THE SPECIFIC DATE AND TIME OF HEARING.

CRITICAL

Applies to

Final decree

The final decree must require submission of the QDRO to the plan administrator within 30 days after the decree is filed.

The decree shall also include a requirement that the Qualified Domestic Relations Order be submitted to the retirement plan administrator no later than 30 days after the final decree has been filed.

CRITICAL

Applies to

Proposed ex parte order

A proposed ex parte order must address visitation or the Court will not consider it.

The Court will not consider a proposed ex parte order that does not address the issue of visitation;

CRITICAL

Applies to

Affidavit of damages

Any dispositive motion must be supported by an affidavit of damages establishing the principal balance owed, interest computation date, and applicable interest rate.

In support of any dispositive motion, an affidavit of damages has been filed establishing: (1) the principal balance owed; (2) the interest computation date; and (3) the applicable interest rate.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

Every motion for a continuance must include a proposed journal entry ordering reassignment of the case to a definite date.

All motions for a continuance shall be accompanied by a proposed journal entry ordering the reassignment of said case to a date certain.

CRITICAL

Applies to

Pleadings motions and other filings

Pleadings, motions, and other filings must comply in form and content with the Ohio Rules of Civil Procedure and the General Rules of Knox County Court of Common Pleas.

1.1 All pleadings, motions and other filings shall comply in form and content with the Ohio Rules of Civil Procedure and the General Rules of Knox County Court of Common Pleas.

CRITICAL

Applies to

Settlement memorandum

Both parties and counsel must sign and submit the settlement document in open court for approval, although the Court may waive the appearance of one or all parties.

Both parties and counsel shall sign the settlement memorandum/memorandum of agreement/divorce settlement and appear in open Court to submit the memorandum to the Court for approval. However, the Court may waive the appearance in open Court of one or all parties.

CRITICAL

Applies to

Indigency payment and reimbursement forms

Incomplete or improperly completed forms will not be accepted.

No incomplete or improperly completed forms will be accepted,

CRITICAL

Applies to

Affidavit of income and expenses

If a social is submitted on the affidavit of income and expenses, provide a redacted copy for the file as well.

(If a social is submitted on the affidavit, please provide a redacted copy as well for the file)

CRITICAL

Applies to

Reimbursement form

When a flat rate fee is used, the corresponding box must be clearly checked on the front of the form.

The box indicating that a flat rate fee has been used must be clearly checked on the front of the form.

CRITICAL

Applies to

Agreed entry

If the parties reach agreement before a scheduled hearing, the agreed entry must state that the pending hearing is canceled unless other issues remain.

Where the parties are able to reach an agreement before the scheduled hearing date, the agreed entry must contain a statement that any pending hearing date is to be canceled unless other issues remain to be resolved.

CRITICAL

Applies to

Motion affidavit ex parte order

Every motion, affidavit, and ex parte order must be accompanied by a form allowing the opposing party to request an immediate emergency hearing.

All motions, affidavits, and ex parte orders shall be accompanied by a form for the opposing party to request an immediate emergency hearing.

CRITICAL

Applies to

Confidential disclosure of personal identifiers form

In the specified divorce, dissolution, legal-separation, and support matters, parties must file the Confidential Disclosure of Personal Identifiers form.

A. All actions for divorce, dissolution, or legal separation, and in all actions or motions asking to establish or modify spousal support or child support, the parties shall file the Confidential Disclosure of Personal Identifiers form found in Item 1 of the Appendix (which shall be kept in the Confidential File by the Clerk of Court) and Supreme Court of Ohio approved financial affidavits which fully and accurately disclose income, expenses, property, and debts.

CRITICAL

Applies to

Parenting coordinator comment or complaint

Must include

caption, case number

A comment or complaint must be submitted to the Magistrate and include the case caption and number, coordinator's name, complainant's name and contact information, and details and date of the alleged misconduct or violation.

The comment/complaint shall be submitted to the Magistrate, and include all of the following: - (i) The case caption and case number; - (ii) The name of the parenting coordinator; - (iii) The name and contact information for the person making the complaint; - (iv) The nature of any alleged misconduct or violation; - (v) The date the alleged misconduct or violation occurred;

CRITICAL

Applies to

Papers served electronically by clerk

Papers served electronically by the Clerk must include a Clerk's certificate confirming that the document is a true and correct copy of the original on file.

1.03 Any papers served electronically by the Clerk shall include a Certificate of the Clerk of Courts that the document is a true and correct copy of the original filed in the Clerk's office.

CRITICALCriminal cases

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; the plea and statement are held pending completion and 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.

CRITICALCivil cases

Applies to

Filing

A filing must summarize any recording.

shall summarize in a filing any recording.

CRITICALCriminal cases

Applies to

Arraignment forms

The arraignment forms must be filed with the clerk of courts and copies distributed to the listed recipients.

Makes copies of all arraignment forms, files the forms with the clerk of courts, and distributes copies to the Judge, prosecutor, defense counsel, and defendant.

CRITICALCivil cases

Applies to

Civil protection order dismissal

A Civil Protection Order dismissal must instruct the Clerk to send the dismissal entry to every law enforcement agency originally notified of the order.

All dismissals of Civil Protection Orders shall include instructions to the Clerk to provide a copy of the dismissal entry to all law enforcement agencies originally notified of the Civil Protection Order.

CRITICAL

Applies to

Subpoena

A subpoena must contain all information required by Civil Rule 45(A)(1).

The subpoena shall contain all required information as set forth in Civil Rule 45(A)(1).

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must include a supporting memorandum stating its grounds and citing applicable authorities, together with an Order granting the requested relief.

5.01 All motions shall be accompanied with a memorandum in support stating the grounds and citing applicable authorities, with an Order granting the relief requested.

CRITICAL

Applies to

Release form

Each release must be submitted on a separate form.

Each release must be a separate form

CRITICAL

Applies to

Case management plan

The case management plan must state the pretrial, discovery cutoff, and trial or final hearing dates.

13.01 The case management plan shall give notice of the pretrial, discovery cut-off dates, and the trial or final hearing date.

CRITICAL

Applies to

Certificate of qualification for employment petition

To request a CQE, the petitioner must complete the DRC petition process and then file Form A with the Clerk of Courts.

In order to request a CQE, the Petition for Certificate of Qualification for Employment (RC 2953.25) [Form A] shall be filed with the Clerk of Courts by the Petitioner, after completing the petition process through the DRC (www.drccge.com).

CRITICAL

Applies to

Final preliminary judicial report or title insurance commitment

The Final PJR or TIC must begin from the effective date of the PJR or TIC.

The Final PJR or TIC begins from the effective date of the PJR or TIC.