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

CRITICAL

Applies to

Parenting coordinator decision

Must include

caption, case number

The decision must include a caption and case number, its date, the decision and supporting facts and reasons, how it was provided, other necessary information, and substantial compliance with Item 12.

The decision shall be immediately filed with the Court and include all of the following: - (i) Case caption, including the case number; - (ii) Date of the decision; - (iii) The decision of the parenting coordinator; - (iv) Facts of the dispute and facts upon which the decision is based; - (v) Reasons supporting the decision; - (vi) The manner in which the decision was provided to the parties; - (vii) Any other necessary information; - (viii) Substantially comply with Item 12.

CRITICAL

Applies to

Pleading or motion

An unrepresented party's pleading or motion must provide the party's name, address, telephone number, and email address for electronic service.

1.02 For parties not represented by counsel, every pleading or motion filed shall contain their name, address, telephone number, and email address for service by electronic means under Civ.R. 5(B)(2)(f).

CRITICAL

Applies to

Motion to vacate premises or exclusive use

A motion to vacate the premises or for exclusive use must state its reasons with particularity and be supported by the moving party’s affidavit or by facts set forth in a verified complaint.

A motion to vacate the premises/motion for exclusive use shall state with particularity the reasons for the motion and shall be supported by an affidavit of the moving party or verified in the complaint setting forth the facts on which the motion is based.

CRITICAL

Applies to

Final decree

The Court will not accept a final decree if the parties have the same address.

The Court will not accept a final decree where the parties have the same address.

CRITICAL

Applies to

Travel expense submission

Travel expenses exceeding $1.00 must be accompanied by a receipt.

A receipt must accompany all travel expenses exceeding $1.00.

CRITICAL

Applies to

Affidavit of indigency

An Affidavit of Indigency submitted to request a fee reduction must be submitted to the Court for approval before the petition is filed.

Said Affidavit of Indigency shall be submitted to the Court for approval prior to the filing of petition.

CRITICAL

Applies to

Proposed judgment entry

The entry must transfer all undetermined lien amounts in favor of other co-defendants to the proceeds of sale.

All undetermined lien amounts in favor of other co-defendants are transferred to proceeds of sale.

CRITICALCivil cases

Applies to

Ex parte cpo petition

An ex parte Civil Protection Order petition must be accompanied by a notarized affidavit with facts supporting entitlement to the order and a jurat notary.

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 Order. No request for an ex parte Civil Protection Order shall be filed with the Clerk of Court without an affidavit including a jurat notary.

CRITICAL

Applies to

Title insurance commitment

The TIC must identify the plaintiff as the real party in interest by showing the complete chain of assignments, if any.

The TIC lists the plaintiff as the real party in interest by showing a complete chain of assignments, if any.

CRITICAL

Applies to

Iv d application for child support services

Parties in divorce, dissolution, legal-separation, and child-support establishment or modification matters must file a IV-D Application for Child Support Services.

B. In all actions for divorce, dissolution, or legal separation, and in all actions or motions asking to establish or modify child support, the parties shall file a IV-D Application for Child Support Services.

CRITICAL

Applies to

Civil protection order petition

A petitioner available only by telephone must put a telephone number on the petition and may request that it be kept confidential.

If only available by telephone, the Petitioner shall list Petitioner’s telephone number on the Petition and may request said number to be kept confidential.

CRITICAL

Applies to

Journal entry

On the day the Court's entry is filed, the Clerk must journalize the Court's satisfaction with the sale's legality and the attorney's obligation to make a deed to the purchaser.

On the day the Court's Entry Confirming Sale and Ordering Deed is filed, the Clerk of Courts is hereby directed to make an entry on the journal that the Court is satisfied with the legality of such sale and that the attorney who filed the writ of execution shall make to the purchaser a deed for the lands and tenements.

CRITICAL

Applies to

Ilc request

The request shall include a statement from the offender specifying whether the drug or alcohol usage, mental illness, intellectual disability or being a victim of a violation of RC §2905.31 Trafficking in Persons was the factor leading to the criminal offense with which the offender is charged. RC §2951.041 (A)(1).

The request shall include a statement from the offender specifying whether the drug or alcohol usage, mental illness, intellectual disability or being a victim of a violation of RC §2905.31 Trafficking in Persons was the factor leading to the criminal offense with which the offender is charged. RC §2951.041 (A)(1).

CRITICAL

Applies to

Court certificate of release

A Court Certificate of Release must be filed for each lien to be released in the Entry Confirming Sale and Ordering Deed.

Within seven (7) days after the property has been sold at Sheriff's Sale, the attorney who filed the writ of execution shall prepare and file with the Clerk of Courts a Court Certificate of Release for each lien to be released in the Entry Confirming Sale and Ordering Deed (Form 96-07 appended hereto).

CRITICAL

Applies to

Filing

shall summarize in a filing any recording.

shall summarize in a filing any recording.

CRITICAL

Applies to

Expert expense reimbursement request

Qualifying out-of-pocket expert expense reimbursement requests must be itemized and submitted with a receipt, an expert invoice, or both.

Requests seeking reimbursement for expert expenses which are incurred exclusively for the defense of the client and subject to the direction of defense counsel, and that were paid out-of-pocket by the attorney are to be itemized and submitted with either a receipt, or a copy of the expert's invoice, or both.

CRITICAL

Applies to

Professional liability insurance evidence

Applicants must present the Court with satisfactory evidence of professional liability insurance covering Guardian ad Litem services.

D. The applicant must maintain adequate professional liability insurance covering services as a Guardian ad Litem and present the Court with satisfactory evidence of such coverage.

CRITICAL

Applies to

Reimbursement request

A copy of the journal entry must be attached.

a copy of the journal entry must be attached.

CRITICAL

Applies to

Confidential disclosure of personal identifiers form

Rule 45 (D) prescribes use of this form to allow personal identifiers to be furnished to the court or clerk separately as may be necessary for use as permitted by law in the performance duties required of the court or clerk.

Rule 45 (D) prescribes use of this form to allow personal identifiers to be furnished to the court or clerk separately as may be necessary for use as permitted by law in the performance duties required of the court or clerk.

CRITICAL

Applies to

Title insurance commitment

The TIC's effective date must be within 30 days before the pleading is filed.

The TIC has an effective date current within 30 days prior to the filing of the pleading.

CRITICAL

Applies to

Shared parenting decree

Shared parenting plans generally require a separate decree stating each parent’s overnight parenting-time days, unless the parties use Supreme Court of Ohio-approved decrees.

All shared parenting plans must have a separate decree from any other decree, unless the parties are using the Decrees approved by the Supreme Court of Ohio, and shall state the number of overnight parenting time days each parent has.

CRITICAL

Applies to

Supporting affidavit

If the filing party seeks no visitation or supervised visitation, the affidavit must include sufficient supporting facts.

- B. If the filing party does not believe visitation would be appropriate, or that an order for supervised visitation would be appropriate, then the affidavit shall include sufficient facts to support a no-visitation, or supervised visitation order.

CRITICAL

Applies to

Transcript

Proceedings transcripts must be prepared by a certified Court reporter designated by the Court.

All transcripts of proceedings must be transcribed by a certified Court reporter designated by the Court.

CRITICAL

Applies to

Affidavit of publication

The filing after publication must include an affidavit showing the fact of publication and a copy of the notice of publication.

(A) After the last publication, the publisher or its agent shall file with the Court an affidavit showing the fact of publication together with a copy to the notice of publication;

CRITICAL

Applies to

Cognovit action

The original cognovit notes must be reviewed before the Court signs proposed cognovit judgment entries.

the original cognovit notes must be reviewed prior to the Court signing the proposed cognovit judgment entries.

CRITICAL

Applies to

Temporary order

Temporary orders in any divorce, annulment, or legal separation action are issued by affidavit only.

Temporary orders in any divorce, annulment, or legal separation action are issued by affidavit only.

CRITICAL

Applies to

Motion for relief from standard temporary restraining order

A party seeking relief from a Standard Temporary Restraining Order may file a motion, but must obtain a hearing date and include a notice of hearing in the motion.

Any party who believes that a standard temporary restraining order filed in accordance with this rule is inappropriate may file a motion for relief. The filing party shall obtain a hearing date and the motion shall contain a notice of hearing.

CRITICAL

Applies to

Motion to dismiss

After the Diversion Director verifies successful completion of all program requirements, 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).

CRITICALCriminal cases

Applies to

Bond violation report

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

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

CRITICAL

Applies to

Request for non oral hearing on temporary orders

A party requesting a non-oral hearing on temporary orders must file with the original request or motion any affidavits or evidence it wants admitted.

If an oral hearing is not required, then, pursuant to Civil Rule 75(N), any party who files a request for a non-oral hearing on temporary orders must file any affidavits and/or evidence, that they wish to be admitted, with the original request/motion for the non-oral hearing.

CRITICALCriminal cases

Applies to

Entries

The signed consent entry and the judge's referral entry must be forwarded to the ARMOR Court Coordinator.

This signed entry, along with the entry from the Judge in paragraph C. above must then be forwarded to the ARMOR COURT Coordinator.

CRITICAL

Applies to

Filed transcript copy request

A request for a copy of a filed transcript must be written, filed with the Clerk of Court, and copied to the Court.

A party may request a copy of a transcript that has been filed. The request must be in writing and filed with the Clerk of Court, with a copy provided to the Court.

CRITICAL

Applies to

Custody evaluator report

The custody evaluator must file a written report with the court at least 30 days before the final hearing.

Did not file with the court a written report at least 30 days prior to the final hearing.

CRITICAL

Applies to

Trial brief

If the Court requests a trial brief, it must include the listed information and be served on opposing counsel.

C. If a trial brief has been requested by the Court, counsel shall serve it upon opposing counsel. The trial brief shall contain at least the following material: - 1. A clear statement of the issues involved; - 2. A summary of the factual situation in regard to each claim or defense; - 3. Citations of law affective each issue; and - 4. A proposed resolution of issue.

CRITICAL

Applies to

Motion entry and certification form

Motion, Entry, and Certification forms must bear the signature of the judge or magistrate hearing the case, or, in an appeal, one or more appellate judges hearing the appeal.

All Motion, Entry and Certification forms must be signed by the judge or magistrate hearing the case for which payment request is being made. In appellate proceedings, the signature of one or more of the appellate judges hearing the appeal must appear on the Motion, Entry and Certification form.

CRITICAL

Applies to

Criminal waiver

Entries waiving counsel, speedy-trial rights, or a jury trial must be manually signed by the Defendant and filed in original form.

Entry waiving Right to Counsel (these must be manually signed by the Defendant and the original filed); Waiver of Speedy Trial Rights (these must be manually signed by the Defendant and the original filed); Waiver of Jury Trial and Entry (these must be manually signed by the Defendant and the original filed);

CRITICALCriminal cases

Applies to

Consent and waiver entry

The defense attorney and defendant must complete the consent-and-waiver entry with the specified title.

the defense attorney and defendant must complete the entry entitled "CONSENT AND WAIVER BY DEFENDANT FOR REFERRAL TO ARMOR COURT PROGRAM TO BE EVALUATED FOR PROGRAM ELIGIBILITY AND ADMISSION".

CRITICAL

Applies to

Affidavit

If the filing party seeks no visitation or supervised visitation, the affidavit must include sufficient supporting facts.

If the filing party does not believe visitation would be appropriate, or that an order for supervised visitation would be appropriate, then the affidavit shall include sufficient facts to support a no-visitation, or supervised visitation order.

CRITICALCriminal cases

Applies to

Bond violation order to set hearing

For out-of-custody bond violation hearings, the pretrial release officer must prepare a Bond Violation-Order to Set Hearing.

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

CRITICAL

Applies to

Affidavit of income and expenses

When a Custody Evaluator has been requested, the parties must submit Affidavits of Income and Expenses.

In all cases in which a Custody Evaluator has been requested, the parties shall submit Affidavits of Income and Expenses.

CRITICAL

Applies to

Affidavit of indigency

The Affidavit of Indigency form must be notarized or witnessed by an individual authorized to administer oaths.

of Indigency form shall be notarized, or witnessed by an individual who is authorized to administer oaths.

CRITICAL

Applies to

Periodic fee statement

A fee statement must be submitted for each $1,500 increment in fees and expenses as those amounts are incurred.

In addition to the requirements of Superintendence Rule 48.03, a fee statement shall be submitted for each increment of $1,500.00 in fees and expenses as they are incurred.

CRITICAL

Applies to

Proposed judgment entry

A proposed judgment entry granting a decree of foreclosure must be sent to the court.

A proposed judgment entry granting a decree of foreclosure has been sent to the court.

CRITICAL

Applies to

Attorney conformed signature

An attorney conformed signature must use the specified signature-block format and include the listed attorney and contact information.

The correct format for an attorney conformed signature is as follows: /s/ Attorney Name Attorney's Name Bar Number OOXXXXX Attorney for (party) Law Firm Address Telephone number Email address Fax number (if any)

CRITICALCriminal cases

Applies to

Bond violation notice

The pretrial release officer must send the Bond Violation Notice to the judge of record for signature and hearing scheduling.

Send the Bond Violation Notice to the Judge of record for their signature and to schedule a date and time for the hearing.

CRITICAL

Applies to

Ex parte motion to vacate premises

A motion to vacate the premises may not be granted ex parte unless the Court is satisfied that at least one of the listed circumstances applies.

No motion to vacate the premises will be granted ex parte unless it is shown to the satisfaction of the Court that: - A. Acts of physical violence have occurred or are highly probable; or - B. Threats of imminent serious physical harm have occurred; or - C. Abuse has been committed toward any child; or - D. Damage is being done to the residence; or - E. The opposing party has already vacated the premises.

CRITICAL

Applies to

Expert expense reimbursement supporting document

The invoice and receipt must list the hours worked and hourly rate charged.

The number of hours worked and the hourly rate charged must both be listed on the invoice and the receipt.

CRITICAL

Applies to

Complaint

The complaint must state whether the property consists of more than four single-family units or is commercial real estate.

(A) The complaint shall state whether the property does or does not consist of more than four single family units or of commercial real estate.

CRITICAL

Applies to

Objections

When Findings of Fact and Conclusions of Law exist, objections must identify the challenged finding or conclusion.

If there are Findings of Fact and Conclusions of Law, the party shall specify which finding of fact and/or conclusion of law is objectionable.

CRITICAL

Applies to

Guardian ad litem application and background disclosure forms

Applicants must complete the Application Form and Background Disclosure Statement Form prescribed by the rule.

I. The applicant shall complete the Application Form and Background Disclosure Statement Form prescribed by this Rule.