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

CRITICAL

Applies to

Motion or counter motion

A motion or counter-motion without an affidavit from the party affirming the requested relief must be denied.

Any motion or counter-motion submitted without an affidavit of the party affirming such request for relief shall be denied.

CRITICAL

Applies to

Entry

The entry must be approved by all parties or their attorneys, or no objection may be filed within 10 days after service on all parties.

All parties or their attorneys have approved the entry, or no objection was filed within 10 days after the entry was served on all parties.

CRITICAL

Applies to

Court prescribed form

A party using a version of one of the specified forms that varies from the Court-prescribed form must include all information the Court requires to be disclosed.

If a Confidential Disclosure of Personal Identifiers form, financial affidavit, or IV-D Application for Child Support Services form is used by a party that varies from the forms prescribed by the Court, then it must contain all of the information required to be disclosed by the Court.

CRITICAL

Applies to

Custody evaluator report

The custody evaluator’s report must analyze each party’s relative strengths and areas for improvement in meeting the children’s needs and compare the parenting or companionship plans under consideration.

The custody evaluator report did not provide a detailed analysis of the relative strengths and areas in need of improvement of the parties with respect to meeting the needs of the child(ren) as well as a comparative analysis of different parenting or companionship plans under consideration.

CRITICAL

Applies to

Proposed findings and conclusions

Proposed findings must state findings of fact, and proposed conclusions must state conclusions of law.

Succinctly, proposed findings of fact must contain findings of fact and proposed conclusions of law must contain conclusions of law.

CRITICALCriminal cases

Applies to

Eligibility results notice

The ARMOR Court Coordinator must complete the eligibility-results notice with the specified title.

the ARMOR COURT Coordinator shall complete the entry entitled "NOTICE OF RESULTS OF ARMOR COURT PROGRAM EVALUATION FOR PROGRAM ELIGIBILITY AND ADMISSION"

CRITICAL

Applies to

Proposed judgment entry

The entry cannot make a finding for a party that did not request summary judgment or default judgment.

However, the entry cannot make a finding for parties not requesting summary judgment or default judgment.

CRITICAL

Applies to

Qualified domestic relations order

Counsel for the plan’s primary participant is responsible for finalizing and filing the QDRO.

Counsel for the primary participant in the plan shall be responsible for the finalization and filing of the Qualified Domestic Relations Order.

CRITICAL

Applies to

Affidavit

Every ex parte motion must include affidavits stating admissible facts sufficient to support the requested relief and establish an extreme emergency.

All ex parte motions shall be supported by affidavit(s) that set forth such facts as would be admissible as evidence and that contain sufficient facts to support the claim for relief and establish that an extreme emergency exists.

CRITICAL

Applies to

Appointed counsel payment forms

To receive payment, an attorney or guardian ad litem must correctly complete the prescribed forms.

To receive payment for fees and expenses, an attorney or guardian ad litem must correctly complete the form(s) prescribed pursuant to the Ohio Public Defender Standards and Guidelines and State Maximum Fee Schedule for Appointed Counsel Reimbursement.

CRITICAL

Applies to

Disclosure

Each disclosure made with the patient’s written consent must include the specified federal confidentiality notice.

42CFR 2.32 –Each disclosure made with the patient’s written consent must be accompanied by the following written statement: This information has been disclosed to you from records protected by federal confidentiality rules (42 CFR part 2). The federal rules prohibit you from making any further disclosure of information in this record that identifies a patient as having or having had a substance use disorder either directly, by reference to publicly available information, or through verification of such identification by another person unless further disclosure is expressly permitted by the written consent of the individual whose information is being disclosed or as otherwise permitted by 42 CFR part 2. A general authorization for the release of medical or other information is NOT sufficient for this purpose (see § 2.31). The federal rules restrict any use of the information to investigate or prosecute with regard to a crime any patient with a substance use disorder, except as provided at §§ 2.12 (c)(5) and 2.65.

CRITICAL

Applies to

Guardian ad litem report

The Guardian ad Litem report must include the specified language about providing the report and restricting other disclosures.

The Guardian ad Litem report shall include the following language "The guardian ad litem report shall be provided to the Court, unrepresented parties and legal counsel. Any other disclosure of the report must be approved in advance by the Court. Unauthorized disclosure of the report may be subject to Court action, including the penalties for contempt, which include fine and/or incarceration."

CRITICAL

Applies to

Guardian ad litem appointment application

The Guardian ad Litem appointment application must include a resume, pre-service training certificate, criminal background check, and original background disclosure statement.

This application must be accompanied by: - (1) a resume stating the applicant's training, experience and expertise demonstrating the applicant's ability to successfully perform the duties and responsibilities of the guardian ad litem. You may also include any other training or experience, including foreign language proficiency, that would be helpful in the role of a Guardian ad Litem; - (2) a copy of the applicant's certificate for completing the required pre-service training; - (3) a copy of the applicant's criminal background check; - (4) the applicant's original background disclosure statement.

CRITICAL

Applies to

Guardian ad litem withdrawal motion and entry

At the conclusion of the appointed proceedings, the Guardian ad Litem must submit a motion and entry to withdraw and dismiss the children as parties to the assigned judge.

At the conclusion of the proceedings for which this appointment was made, the Guardian ad Litem shall submit a motion and entry for withdrawal, and to dismiss the child(ren) as party(ies), to the assigned judge.

CRITICAL

Applies to

Motion entry certification form

Extraordinary fees must be clearly documented in the appropriate sections of the Motion, Entry, and Certification form.

Extraordinary fees must be clearly documented in the appropriate sections on the Motion, Entry, and Certification form.

CRITICAL

Applies to

Decree

A decree that fails to comply with Local Rule 12.0 may not be signed by the Court.

The Court may not sign a decree where there is a failure to comply with Local Rule 12.0.

CRITICAL

Applies to

Motion

A party seeking to set aside a settlement agreement must present clear and convincing reasons.

The party making the request must present clear and convincing reasons for the Court to set aside the settlement agreement.

CRITICAL

Applies to

Guardian ad litem response

If the Magistrate requests a response, the Guardian ad Litem must provide a written response within 14 days unless the Magistrate allows more time.

The Magistrate shall request a written response to the complaint or comment from the Guardian ad Litem. If this is done, the Guardian ad Litem must provide a written response to the Magistrate within 14 days, unless the Magistrate allows additional time.

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

A proposed entry must be submitted with the motion to withdraw described in Rule 10.02(B).

A proposed entry must be submitted.

CRITICAL

Applies to

Affidavit

When the children are school age and the filing party lives in a different school district, the affidavit must state that fact and explain why if the current school placement cannot be maintained.

If the children are school age, and if the filing party resides in a school district other than the opposing party's school district, then the affidavit shall recite that fact. 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

Request for appointment of counsel

At arraignment, the Knox County Public Defender must prepare all requests for appointment of counsel.

At arraignment, the Knox County Public Defender shall prepare all requests for appointment of counsel.

CRITICAL

Applies to

Preliminary judicial report

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

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

CRITICAL

Applies to

Transcript request

A transcript is not considered ordered until a signed transcript request is filed with the Clerk of Courts.

The transcript is considered ordered only after a signed request for transcript is filed with the Clerk of Courts.

CRITICAL

Applies to

Background disclosure form

If the respondent was a party to civil litigation during the past 10 years, the box below must be completed.

23. Have you been a party to any civil litigation in the past 10 years? If so, please complete the box below.

CRITICAL

Applies to

Guardian ad litem report

Guardians ad Litem must comply with Ohio Superintendence Rule 48.06 when preparing and filing reports.

25.1.9 Reports: Requirements. All persons appointed to serve as Guardians ad Litem shall comply with the requirements of Rule 48.06 of the Ohio Rules of Superintendence with respect to preparing and filing reports.

CRITICAL

Applies to

Deed

The deed must include the specified party, ownership, title-recording, judgment, sale, return, and confirmation information.

The deed must contain: - the names of the parties to the judgment - the names of the owners of the property sold - a reference to the volume and page of the recording of the next preceding recorded instrument by or through which the owners claim title - the date and amount of the judgment - the substance of the execution or order on which the property was sold - the substance of the officer's return thereon - the order of confirmation

CRITICAL

Applies to

Mediation agreement

Mediation agreements must be signed by the parties and counsel, approved by the Court, and processed under Local Rule 20.2.

All mediation agreements signed by the parties, counsel and approved by the Court shall be processed pursuant to Local Rule 20.2.

CRITICAL

Applies to

Guardian ad litem training completion proof

Each listed individual must submit training certificates or other proof of completion to the Court Administrator for the individual’s file.

Each individual shall submit certificates or other proof of completion of the training requirements pursuant to Superintendence Rules 48.04 and 48.05 to the Court Administrator to be kept with each individual's file.

CRITICAL

Applies to

Appointment list application

Counsel seeking inclusion on the appointment list must provide verification of current CLE compliance when requested.

In order to be considered for inclusion on the appointment list, counsel shall submit: - 2. Upon request, verification that the applicant is current in compliance with CLE (as required by the Ohio Supreme Court);

CRITICAL

Applies to

Order of sale

An Order of Sale may not issue unless the Tax Map Department finds the real estate description acceptable for transfer.

An Order of Sale shall not issue unless the description of the real estate is acceptable for transfer by the Tax Map Department of the Knox County Engineer's Office.

CRITICAL

Applies to

Financial affidavit

Information in a financial affidavit must be accurate, and any estimates must be identified as estimates.

All information contained in a financial affidavit must be accurate. Any information that is estimated must be identified as estimated.

CRITICAL

Applies to

Parenting coordinator evaluation form

The parenting coordinator must provide participants with the Court-provided evaluation form before the first session and at the end of the appointment term.

A parenting coordinator shall provide participants with the Parenting Coordinator Evaluation form, provided by the Court, prior to the first parenting coordination session and at the end of the term of the appointment. Item 13.

CRITICAL

Applies to

Entry

An entry may not add to or change the settlement terms unless both parties and/or counsel approve, and the Court may still reject the changes.

No additions, changes or modifications will be permitted unless approved by both parties and/or counsel, but the Court may reject the additions, changes or modifications.

CRITICAL

Applies to

Poverty affidavit

A poverty affidavit substituted for a cash deposit must explain the inability to prepay costs and may be reviewed by the Court at any stage.

2.03 A poverty affidavit filed in lieu of a cash deposit must state the reasons for the inability to prepay costs and is subject to Court review at any stage of the proceedings.

CRITICAL

Applies to

Transcript request

A transcript request is considered only after a signed request is filed with the Clerk of Courts and the required deposit is made to the Court Reporter.

The transcript is considered only after a signed request for transcript is filed with the Clerk of Courts and the required deposit is made to the Court Reporter.

CRITICAL

Applies to

Certificate of release

A Certificate of Release for each lien to be released in the entry must be filed with the Clerk of Courts using Form flu 96-07.

A Certificate of Release for each lien to be released in the Entry Confirming Sale and Ordering Deed (Form flu 96-07) was filed with the Clerk of Courts within 7 days after the date of the Sheriff's Sale.

CRITICAL

Applies to

Entry or decree

When child support is ordered, a signed Child Support Worksheet must be attached to the entry or decree, or the Court will not approve it.

In all actions in which child support is ordered, a signed Child Support Worksheet shall be attached to the entry or decree. Entries or decrees submitted without a worksheet will not be approved by the Court.

CRITICAL

Applies to

Mediation agreement

A written agreement reached through mediation must be signed by the parties and, if applicable, counsel, and submitted to the Court.

Where the parties have reached an agreement through mediation, the written agreement must be signed by the parties and counsel (if applicable) and submitted to the Court.

CRITICAL

Applies to

Guardian ad litem report

The Guardian ad Litem must file the report with the Clerk of Court, who must maintain it in a confidential family file.

The Guardian ad Litem shall file the report with the Clerk of Court, who shall maintain the report in a confidential, family file in compliance with Rule 44 (C)(2)(h) of the Ohio Rules of Superintendence.

CRITICAL

Applies to

Preliminary judicial report

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

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

CRITICALCriminal cases

Applies to

Release conditions

When pretrial release program placement is recommended, the officer must provide the court with specific release conditions.

If placement in the pretrial release program is recommended, the pretrial officer shall provide the court with specific conditions of release.

CRITICAL

Applies to

Proposed judgment entry

The proposed entry must account for all remaining parties in the case.

The entry accounts for all of the remaining parties in the case.

CRITICAL

Applies to

File stamped copy

Counsel and self-represented litigants must immediately provide the Court a file-stamped copy of each document listed in Rule 2.1.

In order to ensure that documents in the latter category are given prompt attention, it shall be counsel's/self-represented litigant's responsibility to immediately provide the Court a file stamped copy of the following documents:

CRITICAL

Applies to

Order or entry

Orders and entries resulting from Magistrate hearings must include an approval line for the Magistrate.

Orders or entries resulting from hearings conducted by the Magistrate shall contain an approval line for the Magistrate.

CRITICAL

Applies to

Proposed ex parte order

A proposed ex parte order that does not address visitation may not be considered by the Court.

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

CRITICAL

Applies to

Hearing exhibits

Before a hearing with a pretrial conference, exhibits must be marked and reviewed by both counsel, and each party’s exhibit list must be submitted to the Court and opposing counsel.

A. All exhibits shall be marked and reviewed by both counsel. In addition, a list of exhibits to be offered by each party shall be submitted to the Court and opposing counsel.

CRITICAL

Applies to

Complaint

If a new survey is needed to obtain an acceptable legal description, the plaintiff's attorney must file a motion for authority to enter the property and a proposed entry contemporaneously with the complaint.

In the event that a new survey of the subject real estate is necessary in order to secure a legal description acceptable for transfer purposes, contemporaneously with the filing of the complaint, the attorney for the plaintiff shall file a motion for authority to enter onto the subject property for the purposes of obtaining a new survey, along with a proposed entry.

CRITICAL

If pretrial release is recommended, the pretrial officer must provide the court with specific release conditions.

If placement in the pretrial release is recommended, the pretrial officer shall provide the court with specific conditions of release.

CRITICAL

Applies to

Pleading

The pleading must state whether the property consists of four or more residential units or is commercial property.

The pleading states whether the property does or does not consist of four or more residential units or commercial property.

CRITICAL

Applies to

Waiver of speedy trial

The attorney representing the defendant files a waiver of speedy trial and a motion for consideration for ILC.

The attorney representing the defendant files a waiver of speedy trial and a motion for consideration for ILC.