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

CRITICAL

Applies to

Pretrial statement

The pretrial statement must be submitted at least seven days before the final pretrial conference and include the specified financial information and a list of witnesses’ names and addresses.

Pretrial statements shall be prepared and submitted to the Court at least seven (7) days prior to the final pretrial conference and shall include an updated and accurate itemization of the party's income and expenses with a full and accurate description of the nature and value of the assets and liabilities of the parties. It shall also list names and addresses of all witnesses.

CRITICAL

Applies to

Parenting coordinator resume

A parenting coordinator must submit a resume documenting compliance with subparagraph 25.2.5 (2) and provide an updated resume if there are substantive changes.

A parenting coordinator shall submit a resume to the Court documenting compliance with subparagraph 25.2.5 (2); provide an updated resume to the Court in the event of any substantive changes;

CRITICAL

Applies to

Shared parenting plan

The shared parenting plan must include everything relating or pertaining to the children.

Everything relating or pertaining to the children must be included in the shared parenting plan.

CRITICAL

Applies to

Pretrial statement

In civil cases, parties must file and serve a pretrial statement containing each of the listed facts, issues, exhibits, damages, examination, deposition, amendment, expert-witness, trial-time, and scene-view items.

In all civil cases, the parties shall file and serve upon all opposing counsel or parties a pretrial statement which shall include: - (A) A brief statement of the facts; - (B) The issues of law; - (C) Identification of all exhibits expected to be offered at trial; - (D) Any itemization of expenses, loss of income, and other special damages; - (E) Any requests for medical examination of the adverse party; - (F) An identification of any persons to be deposed and the approximate dates such depositions will be taken; - (G) Specifications of any amendments to be made to the pleadings; - (H) Identifications of the names and addresses of expert witnesses to be called by the parties; - (I) An estimate of the time required for trial; - (J) A request for a view of the scene, if such request is to be made by the party.

CRITICAL

Applies to

Affidavit of income and expenses

When a Guardian ad Litem has been requested, the parties must submit Affidavits of Income and Expenses.

As such, in all cases in which a Guardian ad Litem has been requested, the parties shall submit Affidavits of Income and Expenses.

CRITICAL

Applies to

Entry

The oral agreement must be put into a filed entry signed by all parties or counsel within 14 days after it is read on the record.

An entry shall be filed and signed by all parties or counsel, putting the oral agreement into writing within fourteen (14) days of the agreement being read on the record.

CRITICAL

Applies to

Transcript expense reimbursement

Transcript expense reimbursement is paid directly by the Court and must use Form OPD-E-205.

Reimbursement for transcript expenses are to be paid directly by the Court, and reimbursed using Form OPD-E-205.

CRITICAL

Applies to

Shared parenting decree

Attach a shared parenting plan to each shared parenting decree, even if the same plan was previously filed.

Each shared parenting decree must have a shared parenting plan attached to it even if it is the same plan previously filed.

CRITICAL

Applies to

Request for appointment of counsel

If unable to continue representation after arraignment, the Public Defender must submit the completed appointment request with the counsel name left blank.

In the event that the Knox County Public Defender is unable to continue representing the indigent defendant after arraignment, the Knox County Public Defender shall submit to the Court the completed request for appointment of counsel leaving the name of the counsel blank.

CRITICALCriminal cases

Applies to

Bond recommendation report

After administering the ORAS-PAT, the officer must draft a Bond Recommendation Report that includes investigation information and recommendations on bail, program 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 the pretrial release program and conditions of release shall be included in the Bond Recommendation Report.

CRITICAL

Applies to

Guardian ad litem application

Anyone seeking appointment as a Guardian ad Litem must complete the designated Item 7 application form.

25.1.4 Application Form. All persons desiring to be appointed to serve as a Guardian ad Litem shall complete an “Application to Serve as Guardian ad Litem for the Knox County Domestic Relations Court” using the form designated as Item 7 contained in the appendix to these Rules.

CRITICAL

Applies to

Guardian ad litem annual certification and training report

Individuals on the Guardian ad Litem lists must annually certify that they are unaware of disqualifying circumstances and report training attended.

Require each individual on the lists to certify annually that they are unaware of any circumstances that would disqualify them from serving and to report training they have attended.

CRITICAL

Applies to

Appointment list application

Counsel seeking inclusion or approval to handle more serious cases must submit verification of compliance with the applicable minimum qualifications and training.

In order to be considered for inclusion on the appointment list, counsel shall submit: - 3. Verification of compliance with the minimum qualifications and training required to handle cases under OAC 120-1-10, or if already on the list, to be approved to handle more serious cases.

CRITICAL

Applies to

Proposed entry confirming sale and ordering deed

A proposed Entry Confirming Sale and Ordering Deed must be presented for approval.

A proposed Entry Confirming Sale and Ordering Deed was presented for approval.

CRITICAL

Applies to

Final entry

The final entry must specify how court costs are to be paid.

The final entry shall designate how court costs are to be paid.

CRITICAL

Applies to

Entry

The entry must have the signatures of all parties not in default or state that it was submitted to them.

The entry has either the signature of all parties not in default or states that it has been submitted to all parties not in default.

CRITICAL

Applies to

Preliminary judicial report

The PJR's effective date must be within 30 days before the complaint is filed.

The PJR has an effective date current within 30 days prior to the filing of the complaint.

CRITICAL

Applies to

Release form

Releases pertaining to the Recorder's office require Recorder approval before attachment to the Journal Entry of order and distribution; no prior approval is needed for a Clerk's release.

must be approved by Recorder prior to attaching to Journal Entry of order and distribution for releases pertaining to Recorder's office - no prior approval is needed for Clerk's release

CRITICAL

Applies to

Case caption

In cases other than tax foreclosures, the caption must include one of the specified tax-contest legends; the rule states that it does not apply to tax foreclosure actions or cases in which the amount of taxes and special assessments is at issue.

(B) This rule shall not apply to tax foreclosure actions, or to any case in which the amount of taxes and special assessments of a parcel of real property is at issue. In cases other than tax foreclosures, the case caption shall contain the legend "Taxes Contested" or "With Cross-Claim Contesting Taxes" in 12 point bold type, in a manner substantially similar to the following examples:

CRITICAL

Applies to

Request for findings of fact and conclusions of law

A request for findings of fact and conclusions of law must comply with Civil Rule 52.

A request for findings of fact and conclusions of law must comply with Civil Rule 52.

CRITICAL

Applies to

Supporting affidavit

If school-age children cannot remain in their current school placement, the affidavit must explain why.

- C. If the children are school age and if the filing party is unable to maintain the current school placement for the children they shall explain the reason(s) why in the affidavit.

CRITICAL

Applies to

Electronically filed document

Must include

certificate of service

An electronically filed document must include a certificate of service identifying how each entitled party was served and containing the prescribed language.

A certificate of service on all parties entitled to service is still required when a party files a document electronically. The certificate must state the manner in which service was accomplished on each party so entitled. The certificate of service shall contain the following language: I hereby certify that I served the documents by process server, regular U.S. mail, commercial carrier, or electronic means (whichever is applicable) to the following (list of parties served).

CRITICAL

Applies to

Entry

Counsel or non-represented parties must prepare and submit an entry reflecting the settlement memorandum or mediation agreement within the period set by the Court, usually 14 days.

Within a time period designated by the Court (usually 14 days), counsel or non-represented parties shall prepare and submit to the Court an entry incorporating the terms of the settlement memorandum or mediation agreement.

CRITICAL

Applies to

Title insurance commitment

The TIC'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 TIC 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

Decision

The parenting coordinator’s Decision must state the reasons for the decision.

Said Decision shall set forth the reasons for the parenting coordinator's decision.

CRITICAL

Applies to

Motion

Motions other than requests for pendente lite or temporary support orders must include a brief or memorandum stating the grounds and citing case authority; a motion without one may be denied without a hearing.

All motions, except motions for pendente lite or temporary support orders, shall be accompanied by a brief or memorandum stating the grounds including citations of any case authority. In the absence of a brief or memorandum, a motion may be denied without a hearing.

CRITICAL

Applies to

Request to reschedule conference or motion

Requests to reschedule the discovery-planning conference or file a motion with the Court must state the efforts made to reach agreement.

All such requests to reschedule the Conference of the Parties or for a motion with the Court shall state efforts made to come to an agreement

CRITICAL

Applies to

Supporting affidavit

The supporting affidavit must state whether prior notice of the intent to seek an ex parte order was provided and, if not, why.

- A. 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.

CRITICAL

Applies to

Praecipe for order of sale

The Praecipe for Order of Sale must include or have attached a copy of the approved legal description, prior instrument reference, parcel number, and property address or location.

(A) A copy of the approved legal description, prior instrument reference, parcel number, and address or location of property, shall be included in, or attached to, the Praecipe for Order of Sale.

CRITICAL

Applies to

Separation agreement

Do not incorporate a shared parenting plan into a separation agreement.

Shared parenting plans are not to be incorporated in any separation agreement.

CRITICAL

Applies to

Mortgage

If the debt involves a mortgage, a legible copy of the mortgage must be filed.

If the debt involves a mortgage (1) a legible copy of the mortgage was filed, and (2) the mortgage was signed and properly acknowledged, and these names match the names in the granting clause, and (3) the mortgage was recorded.

CRITICAL

Applies to

Parenting coordination report

Upon the Court’s request, the parenting coordinator must prepare a written report that includes session dates and whether each session occurred or was terminated; the listed requirements continue beyond this excerpt.

(b) Upon request by the Court, the parenting coordinator shall prepare a written report including, but not limited to, all of the following: (i) Dates of parenting coordination session(s); (ii) Whether the parenting coordination session(s) occurred or was terminated;

CRITICAL

Applies to

Promissory note

If the debt involves a promissory note, the pleading-stage filing must include a legible copy of it.

If the debt involves a promissory note, a legible copy of the promissory note was filed.

CRITICAL

Applies to

Decree

Decrees for divorce, legal separation, annulment, and dissolution must state the parties’ current addresses, which must be different.

All decrees for divorce, legal separation, annulment, and dissolution must contain current addresses of the parties and each party must have a different address.

CRITICALCivil cases

Applies to

Non paper physical exhibit

A petitioner filing a non-paper physical exhibit must provide the Clerk 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 to be introduced at the final hearing, after the Respondent has had a chance to review the exhibit.

CRITICAL

Applies to

Fee application

A copy of the appointment Entry must be filed with the Clerk and attached to counsel's fee application.

A copy of the appointment Entry shall be filed with the Clerk, and must be attached to any fee application submitted by counsel for payment.

CRITICAL

Applies to

Change of address notice

The written notice of a contact-information change must be filed with the court.

An attorney or self-represented party whose mailing address, telephone number, fax number, or e-mail address changes while an action is pending must serve on all parties and file a written notice of the change.

CRITICAL

Applies to

Settlement memorandum

When the parties and counsel settle contested issues on the hearing date, they must prepare a written settlement memorandum, memorandum of agreement, or divorce settlement.

Where parties and counsel have appeared on the day of the hearing and have negotiated a settlement of the contested issues, a written settlement memorandum/memorandum of agreement/divorce settlement shall be prepared.

CRITICAL

Applies to

Indigency application

An applicant must apply to the Knox County Public Defender's office before the Court determines indigency and eligibility for the listed payment programs.

An applicant's indigency and eligibility for a reimbursement, recoupment, contribution, or partial payment program shall be determined by the Court, after application has been made to the Knox County Public Defender's office.

CRITICAL

Applies to

Training completion proof

Proof of completion of required preservice and annual education must be provided to the Court Administrator or designee upon completion.

H. All preservice and annual education must comply with Superintendence Rules 48.04 and 48.05. Certificates or other proof of completion of the required trainings must be provided to the Court Administrator or the Court Administrator's Designee upon completion.

CRITICAL

Applies to

Bond recommendation report

After administering the ORAS-PAT, the officer must draft a Bond Recommendation Report containing investigation information and recommendations on bail, program 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 the pretrial release program and conditions of release shall be included in the Bond Recommendation Report.

CRITICAL

Applies to

Civil action or proceeding

A civil action or proceeding must be filed with the affidavit of indigency for the clerk to accept it for filing.

Pursuant to R.C. 2323.311(B)(3), upon the filing of a civil action or proceeding and the affidavit of indigency under division (B)(1) of this section, the clerk of the Court shall accept the action, motion, or proceeding for filing.

CRITICALCriminal cases

Applies to

Bond violation notice

The pretrial release officer must prepare a Bond Violation Notice and submit it to the Chief Probation Officer for review and approval.

Prepare a Bond Violation Notice and submit it to the Chief Probation Officer for review and approval

CRITICALCriminal cases

Applies to

Diversion program application

The diversion application must include the defendant's authorization for 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

Entry

The entry must not seek a deficiency judgment against parties who have bankruptcy protection.

The entry does not seek a deficiency judgment against parties who have bankruptcy protection.

CRITICAL

Applies to

Expense reimbursement request

Expenses must be itemized on the proper form, and expenses exceeding $1.00 must be accompanied by a receipt.

All expenses must be itemized on the proper form, and a receipt must accompany all expenses that exceed $1.00.

CRITICAL

Applies to

Ex parte request affecting children

For an ex parte order affecting children, irreparable harm must be shown to occur unless immediate action is taken.

The Court will issue ex parte orders affecting children where it is shown that irreparable harm will occur unless immediate action is taken.

CRITICAL

Applies to

Resume

The application must include a resume addressing the minimum qualifications and proof of completion of required trainings.

With your application, you must also submit a resume which expounds upon your satisfaction of the minimum qualifications, specifically proof of completion of the required trainings.

CRITICAL

Applies to

Complaint

A foreclosure complaint must include a copy of the note and a statement that the plaintiff is its holder in due course; if the note does not show that on its face, an assignment demonstrating ownership and holder status must be filed.

(A) A copy of the note, along with an affirmative statement in the body of the complaint that the plaintiff is the holder in due course of the note. If the note does not reflect that the plaintiff is the holder on its face, a copy of an assignment of the note shall be filed, demonstrating that the plaintiff is the owner and holder of the note.

CRITICAL

Applies to

Financial affidavits

In the specified matters, parties must file Supreme Court of Ohio-approved financial affidavits that fully and accurately disclose income, expenses, property, and debts.

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. The financial affidavits shall be in the same format and include the same information as required for temporary support orders and must adhere to Local Rule 8.0 requirements.