Lake County Court of Common Pleas, General Division Document Filing Requirements

Applies to

Preliminary judicial report

The PJR must have an effective date within the 30 days before the complaint was filed.

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

Applies to

Preliminary judicial report

The PJR must identify the complete and correct property being foreclosed.

The PJR covers the complete and correct property being foreclosed.

Applies to

Preliminary judicial report

The PJR must identify the plaintiff as the real party in interest and show any complete chain of assignments.

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

Applies to

Dispositive motion

Every person listed on the PJR must be added as a party.

All persons listed on the PJR have been added as a party and have been properly served with service of process.

Applies to

Proposed judgment entry

The proposed judgment entry must award damages matching the damages established in the affidavit of damages.

The entry finds an amount of damages that matches the damages established in the above-mentioned affidavit of damages.

Applies to

Motion for confirmation of sale

Must include

proposed order

A motion for confirmation of sale must be filed together with a proposed entry confirming the sale.

☐ A motion for confirmation of sale has been filed, together with a proposed entry confirming the sale:

Applies to

Trial exhibits

All trial documents and exhibits must be identified, indexed, and shared with opposing counsel at least two working days before trial.

All documents and exhibits shall be marked for identification purposes, along with an index, and shared with opposing counsel at least two working days prior to trial

Applies to

Notice of bankruptcy filing

Upon a federal bankruptcy filing, counsel must file notice with the common pleas clerk identifying the bankruptcy case number and filing date.

Upon a party filing a petition for bankruptcy in the federal court, counsel is to file with the clerk of the court of common pleas a notice of said filing indicating the bankruptcy case number and the date of filing.

Applies to

Complaint counterclaim or cross claim

A debt pleading involving a promissory note must attach the note, an affidavit describing the material terms of a lost note, or a signed statement identifying when the note or lost-note affidavit will be filed.

If the debt involves a promissory note, the complaint, counterclaim, or cross-claim has attached to it: (1) a legible copy of the promissory note, or (2) an affidavit of lost note that establishes the material terms of the unavailable note, or (3) a signed statement indicating when a copy of the note or the affidavit of lost note will be filed.

Applies to

Proposed judgment entry

The proposed foreclosure judgment entry must account for every remaining party in the case.

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

Applies to

Default judgment motion

A motion for default judgment must include evidence establishing default or liability and damages.

Motions for default judgment will not be granted without supporting evidence as to default or liability and as to damages.

Applies to

Default judgment or summary judgment motion

A party seeking affirmative relief must complete every applicable checklist item for the court to entertain a motion for default judgment or summary judgment.

No motion for default judgment or summary judgment for the party seeking affirmative relief will be entertained by the court unless the movant fulfills all of the items set forth on the relevant portion of the checklist of compliance that is attached to this order.

Applies to

Confirmation entry

Must include

proposed order

A proposed confirmation entry must accompany the motion to confirm sale when filed.

A proposed confirmation entry must be submitted simultaneously with the filing of the motion to confirm sale.

Applies to

Distribution motion

A motion for distribution must include sufficient evidence establishing the remaining balance of the movant’s protected interest.

The motion shall be supported by sufficient evidence to establish the remaining balance of said protected interest.

Applies to

Joint stay motion

If the plaintiff enters a forbearance agreement with the debtor-defendants, the parties must file a joint motion to stay further proceedings.

If the plaintiff enters into a forbearance agreement with the debtor-defendants, then the plaintiff and the debtor-defendant(s) shall file a joint motion to stay further proceedings.

Applies to

Dispositive motion

A dispositive motion must be supported by an affidavit of damages stating the principal balance, default date, and applicable interest rate.

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

Applies to

Final judicial report

A Final Judicial Report must be filed in conjunction with the party’s dispositive motion.

A Final Judicial Report (FJR) has been filed.

Applies to

Final judicial report

The FJR must have an effective date later than the date the last necessary party was served.

The FJR has an effective date more recent than the date on which the last necessary party was served with process.

Applies to

Final judicial report

The FJR must begin from the PJR's effective date.

The FJR begins from the effective date of the PJR.

Applies to

Final judicial report

The FJR must identify the complete and correct property being foreclosed.

The FJR covers the complete and correct property being foreclosed.

Applies to

Final judicial report

If the PJR did not identify the plaintiff as the real party in interest, the FJR must do so.

The FJR lists the plaintiff as the real party in interest if the PJR did not.

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.

Applies to

Motion for expungement sealing

The motion must provide the charges to be sealed, dismissal or not-guilty dates, current address, telephone number, email address, last four digits of the applicant's SSN, and date of birth.

Defendant hereby provides the following information: 1) Charge(s) to be sealed: ____________________________________________________________ 2) Date(s) of dismissal/not guilty: ____________________________________________________________ 3) Current Address of Applicant: ____________________________________________________________ 4) Applicant’s Telephone:_____________Applicant’s E-mail:________________ 5) Applicant’s Last 4 digits of SSN: _____________ D.O.B. __________________

Applies to

Motion for expungement sealing

The motion must state that the applicant is an eligible offender with no pending criminal proceedings, is rehabilitated, has satisfied the statutory waiting period, and that the applicant's interests in sealing the records outweigh legitimate governmental needs to maintain them.

Defendant states that he/she is an eligible offender and has no criminal proceedings pending; is rehabilitated; that the applicable amount of time, pursuant to Ohio Revised Code §2953.33, has passed since his/her final discharge; and, that the interests of defendant in having the records pertaining to this conviction, dismissal and/or finding of not guilty are not outweighed by any legitimate governmental needs to maintain those records.

Applies to

Standing special process server application

The application must be supported by an affidavit stating that the applicant meets the eight specified eligibility requirements.

(1) The application shall be supported by the following information in affidavit form: - (a) Not less than eighteen years of age; - (b) Not a party to the proceeding, related to a party to the proceeding, or having a financial interest in the outcome of the proceeding; - (c) A United States citizen or a legal resident of the United States; - (d) Hold a valid government-issued identification card, passport, or driver's license; - (e) Not convicted in the last ten years of any felony, offense of violence, or offense involving dishonesty or false statement, and not currently under community control sanctions, probation, post-release control, or parole; - (f) Not currently a respondent under any civil protection order; - (g) Familiar with the required procedure for service of process; - (h) Will conduct themselves in a professional manner.

Applies to

Standing special process server judgment entry

The applicant must submit a proposed judgment entry with the specified caption and appointment language to a judge.

(2) The applicant shall submit a judgment entry to a judge captioned "In re: Appointment of ____ [insert name] ____ As Standing Special Process Server" and stating, "It appearing to the court that ____ [applicant's name] ____ has complied with the provisions of Lake Co.C.P.R. 3.02(B), the court hereby appoints ____ [applicant's name] ____ as a Standing Special Process Server authorized to make service of process in all civil cases filed in the general division of this court for a period of one year after this judgment entry is signed and filed."

Applies to

Standing special process server application and judgment entry

Each applicant seeking appointment must submit a separate application and judgment entry.

(3) A separate application and judgment entry shall be required for each person seeking appointment as a "Standing Special Process Server."

Applies to

Continuance motion

Must include

proposed order

A continuance motion must include an order reserving a blank space for the court to insert the next appropriate court date.

The motion must be accompanied by an order with a blank space for the court to insert the next appropriate court date.

Applies to

Trial documents and exhibits

Trial documents and exhibits must include an index.

All documents and exhibits shall be marked for identification purposes, along with an index

Applies to

Proposed order

Must include

proposed order

The proposed foreclosure judgment entry must direct the sheriff to hold any remaining sale proceeds.

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

Applies to

Proposed order

Must include

proposed order

Any damages awarded to a cross-claimant in the proposed entry must match the amount established by judgment or affidavit.

The entry finds an amount of damages owing to any cross-claimant matching the amount established by that cross-claimant by judgment or affidavit. i

Applies to

Proposed order

Must include

proposed order

The proposed entry must transfer all undetermined lien amounts owed to other co-defendants to the sale proceeds.

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

Applies to

Proposed order

Must include

proposed order

The proposed entry must find that the mortgage being foreclosed is a good, valid, and subsisting lien.

The entry finds that the mortgage being foreclosed upon is a good, valid, and subsisting lien.

Applies to

Proposed order

Must include

proposed order

The proposed entry must find that the mortgage conditions were breached and that the holder is entitled to foreclose.

The entry finds that the mortgage conditions have been broken, and the holder is entitled to foreclose.

Applies to

Confirmation of sale motion

Must include

proposed order

A motion for confirmation of sale must be filed with a proposed entry confirming the sale.

A motion for confirmation of sale has been filed, together with a proposed entry confirming the sale:

Applies to

Proposed order

Must include

proposed order

The sale-confirmation 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.

Applies to

Proposed order

Must include

proposed order

The sale-confirmation entry must correctly and completely identify the purchasers 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.

Applies to

Proposed order

Must include

proposed order

The sale-confirmation entry must provide for cancellation of all outstanding liens.

The entry provides that all outstanding liens are cancelled.

Applies to

Proposed order

Must include

proposed order

The sale-confirmation entry must bear the signatures of all non-defaulting parties 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.

Applies to

Proposed order

Must include

proposed order

The sale-confirmation entry must not seek a deficiency judgment against parties protected by bankruptcy.

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

Applies to

Proposed order

Must include

proposed order

Any deficiency amount stated in the sale-confirmation entry must be correct.

The deficiency amount, if any, is correctly stated in the entry.

Applies to

Proposed order

Must include

proposed order

The sale-confirmation entry must list lien priorities in the correct order.

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

Applies to

Proposed order

The proposed entry cannot make findings for parties who did not request summary judgment or default judgment.

However, the entry cannot make a finding for parties not requesting summary judgment or default judgment. See Security Fed. Sav. & Loan Assn. v. Kleinman, No. 98-L-098 (11th Dist. Ct. App., Lake, 12-3-1999), 1999WL1313837.

Applies to

Joint motion to stay

If the plaintiff enters a forbearance agreement with the debtor-defendants, they must jointly file a motion to stay further proceedings.

If the plaintiff enters into a forbearance agreement with the debtor-defendants, then the plaintiff and the debtor-defendant(s) shall file a joint motion to stay further proceedings.

Applies to

Judgment entry of settlement

A settlement judgment entry should dispose of every claim, cross-claim, counterclaim, and third-party complaint.

The judgment entry of settlement is to be submitted to the court by the scheduled trial date and should dispose of all claims, cross­ claims, counterclaims, and third-party complaints.

Applies to

Notice of bankruptcy filing

After a federal bankruptcy petition is filed, counsel must file with the common pleas clerk a notice stating the bankruptcy case number and filing date.

Upon a party filing a petition for bankruptcy in the federal court, counsel is to file with the clerk of the court of common pleas a notice of said filing indicating the bankruptcy case number and the date of filing.

Applies to

Motion or request for relief

Every motion or request for relief must include a proposed judgment entry, and failure to submit one may result in denial.

All motions or requests for relief must be accompanied by a proposed judgment entry. A failure to submit a proposed entry may result in the court’s denial of the matter submitted.

Applies to

Proposed order

Must include

proposed order

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.

Applies to

Proposed order

Must include

proposed order

The proposed foreclosure judgment entry must account for every remaining party in the case.

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

Applies to

Proposed order

Must include

proposed order

The proposed foreclosure judgment entry must award damages matching those established by the affidavit of damages.

The entry finds an amount of damages that matches the damages established in the above-mentioned affidavit of damages.

Applies to

Default judgment motion

A motion for default judgment cannot be granted without supporting evidence establishing default or liability and damages.

Motions for default judgment will not be granted without supporting evidence as to default or liability and as to damages.

Applies to

Default judgment or summary judgment motion

A party seeking affirmative relief must satisfy every item on the applicable checklist of compliance before the court will entertain its motion for default judgment or summary judgment.

No motion for default judgment or summary judgment for the party seeking affirmative relief will be entertained by the court unless the movant fulfills all of the items set forth on the relevant portion of the checklist of compliance that is attached to this order. (In addition, a copy of the checklist of compliance can be downloaded from the court’s website.) The checklist of compliance is incorporated into this order by reference.

Applies to

Proposed order

Must include

proposed order

The proposed foreclosure judgment entry must cover the complete and correct property being foreclosed.

The entry covers the complete and correct property being foreclosed.

Applies to

Proposed judgment entry

A proposed judgment entry must be signed by or circulated to every party who is not in default.

Proposed judgment entries shall be signed by, or circulated to, all parties not in default.

Applies to

Confirmation of sale motion

Must include

proposed order

A proposed confirmation entry must accompany a motion to confirm sale when the motion is filed.

A proposed confirmation entry must be submitted simultaneously with the filing of the motion to confirm sale.

Applies to

Distribution motion

A distribution motion must include sufficient evidence of the protected interest's remaining balance, and failure to file the timely motion waives protected status.

The motion shall be supported by sufficient evidence to establish the remaining balance of said protected interest. A failure to take such action will result in the protected status of the interest being waived.

Applies to

Foreclosure compliance checklist

The party seeking affirmative relief must complete the applicable foreclosure checklist portion at every designated stage.

The relevant portion of this checklist shall be completed by the party seeking affirmative relief at each of the stages designated below.

Applies to

Complaint counterclaim or cross claim

A debt involving a promissory note requires the pleading to attach the note, an affidavit of lost note establishing its material terms, or a signed statement identifying when one of those documents will be filed.

If the debt involves a promissory note, the complaint, counterclaim, or cross-claim has attached to it: (1) a legible copy of the promissory note, or (2) an affidavit of lost note that establishes the material terms of the unavailable note, or (3) a signed statement indicating when a copy of the note or the affidavit of lost note will be filed.

Applies to

Preliminary judicial report

The Preliminary Judicial Report must have an effective date within the 30 days before the complaint was filed.

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

Applies to

Preliminary judicial report

The Preliminary Judicial Report must cover the complete and correct property being foreclosed.

The PJR covers the complete and correct property being foreclosed.

Applies to

Preliminary judicial report

The Preliminary Judicial Report must identify the plaintiff as the real party in interest and show any complete chain of assignments.

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

Applies to

Case pleading

Every person listed on the Preliminary Judicial Report must be added as a party and properly served with process.

All persons listed on the PJR have been added as a party and have been properly served with service of process.

Applies to

Affidavit of damages

A dispositive motion must be supported by a filed affidavit of damages establishing the principal balance, default date, and applicable interest rate.

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

Applies to

Final judicial report

A Final Judicial Report must be filed.

A Final Judicial Report (FJR) has been filed.

Applies to

Final judicial report

The Final Judicial Report must have an effective date later than the date on which the last necessary party was served with process.

The FJR has an effective date more recent than the date on which the last necessary party was served with process.

Applies to

Final judicial report

The Final Judicial Report must begin from the Preliminary Judicial Report's effective date.

The FJR begins from the effective date of the PJR.

Applies to

Final judicial report

The Final Judicial Report must cover the complete and correct property being foreclosed.

The FJR covers the complete and correct property being foreclosed.

Applies to

Final judicial report

If the Preliminary Judicial Report did not identify the plaintiff as the real party in interest, the Final Judicial Report must do so.

The FJR lists the plaintiff as the real party in interest if the PJR did not.

Applies to

Default judgment

Must include

proposed order

A default-judgment motion must be written and include a proposed judgment entry, all necessary supporting documentation, an affidavit of damages, an affidavit of military status, and proof of service on every party who has appeared.

Motions for default judgment, with proof of service on all parties who have appeared, shall be in writing and shall be accompanied by a proposed judgment entry and all necessary documentation, including an affidavit of damages and an affidavit of military status pursuant to 50 U.S.C. 3931(b)(1).

Applies to

Electronically filed document

An electronically filed document requiring an attorney’s or filing party’s signature must use the conformed signature format “/s/ (name).”

(a) ATTORNEY/FILING PARTY SIGNATURE. Documents filed electronically with the clerk that require an attorney’s or filing party’s signature shall be signed with a conformed signature of “/s/ (name).”

Applies to

Complaint

Must include

case number

A refiled complaint must identify itself as a refiling, state the dismissed case number separately from the new case number, and be assigned to the same judge’s docket.

Upon the refiling of a case previously dismissed under Civ.R. 41, the plaintiff shall indicate that the case is a refiling on the cover sheet of the new complaint by including the word “REFILING” in capital letters directly beneath the word “COMPLAINT.” Directly underneath the word “REFILING,” the new complaint shall identify the case number of the dismissed action, clearly distinguishing same from the case number of the refiled version. The refiled case shall be assigned to the docket of the same judge to whom the previously dismissed case was assigned.

Applies to

Judgment entry

When filing the judgment entry concluding a medical malpractice case, attorneys for all parties must file a medical malpractice report form containing the listed case, trial, settlement, judgment, damages, and settlement information.

At the time of filing a judgment entry bringing a medical malpractice case to a conclusion, the attorneys representing all parties shall complete and file a medical malpractice report form with the clerk of courts which sets forth the following information:

Applies to

Foreclosure complaint

An initial foreclosure complaint must be accompanied by a foreclosure case designation sheet identifying the case designation and the real estate information specified by the court.

The initial complaint in a foreclosure case shall be accompanied by a foreclosure case designation sheet, setting forth the designation of the case as one of the following:

Applies to

Judgment entry

After settlement or exhaustion of appeal rights, counsel must provide a draft judgment entry requesting return of video exhibits, deposition transcripts, and non-documentary exhibits, with sufficient case and exhibit identification.

Upon settlement or exhaustion of all rights of appeal, counsel shall provide the court with a draft judgment entry instructing the clerk of court to return to respective counsel any video exhibits, deposition transcripts, and non-documentary exhibits. The draft judgment entry shall include the proper case name and number, and shall sufficiently identify the items to be returned, either by caption or exhibit number, as well as by date of filing of same, if applicable.

Applies to

Pretrial statement

Must include

statement of facts

Each party must submit, without filing, a pretrial statement to the court and opposing counsel at least seven days before the pretrial conference, including the listed factual, legal, witness, trial, motion, equipment, and settlement information.

(7) PRETRIAL STATEMENT. Each party shall submit (without filing) to the court, with a copy to opposing counsel, a pretrial statement at least seven days in advance of the pretrial conference setting forth the following: (a) statement of facts and legal issues; (b) statement of real factual and legal issues in dispute; (c) stipulations; (d) list of non-expert trial witnesses; (e) list of expert trial witnesses; (f) special legal problems anticipated; (g) estimated length of trial; (h) pretrial motions contemplated; (i) special equipment needs for trial; (j) settlement demand; and, (k) settlement offer.

Applies to

Initial complaint

An initial complaint must be accompanied by a case designation sheet identifying the case category from the listed categories.

(A) CASE DESIGNATION FORMS. The initial complaint in a case shall be accompanied by a case designation sheet, setting forth the designation of the case as one of the following:

Applies to

Initial complaint

The caption must identify any unique statutory provision controlling the time for the case to proceed after filing.

Further, the caption shall note any statutory provision that is unique to the particular cause and controls the time within which the case is to proceed, once filed. E.g.: Miscellaneous - Contest of Election (R.C. §3515.10 - Hearing Within 30 Days).

Applies to

Suggestion of complex litigation

Counsel must file a separate Suggestion of Complex Litigation within 60 days after filing the complaint or any third-party complaint.

(B) COMPLEX LITIGATION. Cases shall not be classified by the parties upon filing as “complex litigation.” However, counsel shall, within sixty days of the filing of the complaint or any third party complaint, file a separate “Suggestion of Complex Litigation” so as to bring to the court’s attention in a timely fashion the potentially complex nature of the litigation.

Applies to

Complaint

Must include

caption

Every complaint's caption must state each party's name and known or reasonably ascertainable address, or state that the address is unknown.

The caption in every complaint shall state the name and address, if known or reasonably ascertainable, of each party, or shall state that the address is unknown.

Applies to

Subsequent pleading or motion

Must include

caption, judge name, case number

Subsequent pleadings and motions must state the case number, assigned judge's name, and names of the first plaintiff and first defendant.

Subsequent pleadings and motions shall state the case number, the name of the judge to whom the case is assigned, and the name of the first party plaintiff and first party defendant.

Applies to

Pleading motion brief or other paper

Must include

caption

Every filed pleading, motion, brief, or other paper must be titled, identify the persons on whose behalf it is filed, and provide the preparing or filing attorney's or party's specified identifying and contact information.

Every pleading, motion or brief or other paper filed in a cause shall be identified by title, and shall bear clear identification of each person on whose behalf the document is filed and shall bear the name (written, typewritten, or printed) of the individual attorney, if any, who prepared such document, together with his or her attorney registration number, the name of his or her firm, if any, the office address, telephone number, e-mail address, and facsimile number of counsel filing the same, or, if there is no counsel, then of the party filing the same.

Applies to

Motion for leave to file instanter

A motion seeking leave to file a pleading or motion instanter must attach a copy of the proposed filing as an exhibit.

A motion for leave of court to file any pleading or motion instanter shall have attached as an exhibit a copy of the proposed pleading or motion.

Applies to

Motion

A moving party must serve and file with the motion a brief written statement of reasons supporting the motion and identifying the authorities relied upon.

(A) BRIEFS IN SUPPORT. The moving party shall serve and file with a motion a brief written statement of reasons in support of the motion and refer to any citations of authority relied upon.

Applies to

Motion

When a motion requires facts not already in the record, the movant must also serve and file supporting affidavits, photographs, or documentary evidence to the extent practicable.

If the motion requires consideration of facts not appearing of record, the movant shall also serve and file affidavits, photographs or documentary evidence, to the extent practicable, in support of the motion.

Applies to

Opposition brief

Except in a motion for summary judgment, an opposing party must serve and file a brief statement of opposition with supporting authority citations within fourteen days or by the applicable advanced rule day.

(D) BRIEFS IN OPPOSITION. Each party opposing the motion, other than a motion for summary judgment, shall serve and file, within fourteen days or advanced rule day, if applicable, a brief written statement of reasons in opposition to the motion which includes proper citations of the authorities on which the party relies.

Applies to

Complaint

In specified real-property actions, the plaintiff’s attorney must procure and file evidence of the record state of title with the complaint, except for foreclosures under R.C. § 5721.18(C).

Except for foreclosure of liens filed pursuant to R.C. §5721.18(C), in actions to quiet title, partition, and for the marshaling and foreclosure of liens on real property, the plaintiff’s attorney shall procure and file with clerk of the court, at the time of the filing of the complaint, evidence of the state of the record title to the premises in question

Applies to

Default judgment motion

A motion for default judgment requires supporting evidence establishing default, damages, or the truth of the allegations.

A motion for default judgment will not be granted without supporting evidence establishing default, damages or truth of allegations.

Applies to

Intervention in lieu of conviction motion

A motion for intervention in lieu of conviction may not be filed until after the defendant has been arraigned.

The defendant shall be arraigned prior to the filing of said motion in accordance with the court’s arraignment procedure.

Applies to

Administrative appeal record

An administrative agency must file findings of fact and conclusions of law with the appeal record.

Along with those documents required by R.C. Chapter 2506, the administrative agency shall file findings of fact and conclusions of law in support of its decision.

Applies to

Appellant brief

Appellant's administrative-appeal brief is due within thirty days after the later of filing the notice of appeal or the required transcript and must state facts, issues, arguments, and legal authorities.

Counsel for appellant, within thirty days after filing a notice of appeal, or filing the transcript of proceedings, if required, whichever is later, shall file with the clerk of court a brief containing a statement of the facts, issues presented for review, arguments in support of position and legal authorities in support of said arguments.

Applies to

Evidence of title

The preliminary title evidence must identify the property owners and cite the volume and page of the next preceding recorded instrument through which they claim title, and must be extended by a title or abstract company to a date no more than 30 days before the complaint is filed.

including the names of the owners of the property to be sold and a reference to the volume and page of the recording of the next preceding recorded instrument by or through which the owners claim title as the same shall have been prepared and extended by a responsible title or abstract company to a date not over thirty days prior to the filing of the complaint.

Applies to

Proposed order

Must include

proposed order

Every proposed order must reference the specific motion to which it applies.

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

Applies to

Document requiring multiple signatures

The filing party or attorney must confirm the document’s contents are acceptable to all required signers, indicate their agreement in the document, and then file it electronically with signatories identified.

(i) The filing party or attorney shall confirm that the content of the document is acceptable to all persons required to sign the document. The filer will indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line. (ii) The filing party or attorney then shall file the document electronically, indicating the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc.

Applies to

Proposed judgment entry

A proposed judgment that would vacate a prior judgment or release or satisfy liens must identify the affected lien docket and page numbers and, when vacating a judgment, the filing date of the judgment being vacated.

(D) VACATING JUDGMENT AND LIEN RELEASE. Every proposed judgment entry which is submitted to the court and which would, if adopted, vacate a prior judgment, and/or release and/or satisfy any lien, shall identify the judgment lien docket and page number or numbers of any such liens which are to be released and/or satisfied, and, in the case of the vacation of a prior judgment, shall identify the date on which the judgment to be vacated was filed.

Applies to

Final certificate of extension of title evidence

At entry of judgment in a covered real-property case, a final certificate extending the title evidence must be prepared and filed, showing the property’s address or location and a record title dated within 30 days of the final decree and reflecting changes involving all necessary parties.

At the time of entry of judgment in any such case, a final certificate of extension of the evidence of title shall be prepared and filed in accordance with the foregoing requirements showing the address or location of the property and the record state of title dated within thirty days of the final decree evidencing changes pertaining to the interest of all necessary parties after filing of the preliminary evidence of title.

Applies to

Confirmation of sale motion

A post-foreclosure motion requesting both confirmation of sale and distribution of proceeds must include a Lake County Treasurer statement on a court-approved form detailing specified tax amounts and the total payable from the sale proceeds.

After real property is foreclosed, all motions requesting a confirmation of sale that include a request for a distribution of the proceeds, shall be accompanied by a statement from the Lake County Treasurer, on a court approved form, stating the amount of the delinquent taxes, unpaid current year taxes, current year penalty and interest, pro-rated taxes, future assessments, and the total taxes due and to be paid out of the proceeds from the sale of the real property.

Applies to

Motion to confirm sale

The plaintiff must file a motion to confirm the sale together with a prepared judgment entry.

The plaintiff shall file with the court, together with a prepared judgment entry, a motion to confirm the sale.

Applies to

Report and award

All members of the arbitration board must sign the report and award.

The report and award shall be signed by all of the members of the board.

Applies to

Report and award

A dissenting arbitration board member must write the word “Dissents” before signing when the board members do not unanimously agree on the finding and award.

In the event all three members do not agree on the finding and award, the dissenting member shall write the word “Dissents” before his or her signature.

Applies to

Mediation case summary

Attorneys must submit a Mediation Case Summary to the mediator at least three days before mediation, including the specified factual, legal, discovery, damages, and settlement information.

(F) Attorneys shall submit, at least three days before the mediation, a “Mediation Case Summary” to the mediator which shall contain the following: a) summary of material facts; b) summary of legal issues; c) status of discovery; d) listing of special damages and summary of injuries or damages; and e) settlement attempts to date, including demands and offers.

Applies to

Mediation report

Immediately after mediation concludes, the mediator must submit a report to the court stating the mediation status, settlement result, party attendance, and any future mediation sessions, and noting the absence of required settlement representatives when applicable.

(A) Immediately upon conclusion of the mediation, the mediator shall submit a report to the court indicating only the status of mediation, i.e., whether the mediation occurred or was terminated; whether a settlement was reached on some, all, or none of the issues; attendance of the parties; and future mediation session(s), including date and time. In cases in which parties, interested parties, or party representatives having full authority to settle were not present, this shall also be noted in the mediation report.

Applies to

Judgment entry of settlement

The settlement judgment entry should dispose of every claim, cross-claim, counterclaim, and third-party complaint.

The judgment entry of settlement is to be submitted to the court by the scheduled trial date and should dispose of all claims, cross-claims, counterclaims, and third-party complaints.

Applies to

Confirmation entry

The confirmation entry should contain every non-defaulting party's signature or consent or, if timely consent cannot be obtained, state that it was circulated to all non-consenting parties not in default.

The entry of confirmation should contain the signature or consent of all parties not in default. If a signature or consent cannot be obtained in a timely fashion, the entry shall note that it has been circulated to all non-consenting parties not in default.

Applies to

Case designation sheet

The case designation “money only” may not be used when a specific listed case category applies.

The designation “money only” may not be used if one of the above specific categories is applicable.

Applies to

Pleadings and briefs

Any pleading or brief citing regulations, municipal ordinances, or case law unavailable on LexisNexis or Westlaw must attach a copy of the cited authority.

(B) AUTHORITY. All pleadings and briefs containing references to regulations, municipal ordinances, and/or case law not available on LexisNexis or Westlaw, shall have attached thereto a copy of same.

Applies to

Motion

Attachments and exhibits may be appended only when absolutely necessary to support the motion or brief; materials that merely explain or enhance a party’s position must not be attached and may instead be forwarded to the judicial staff attorney.

Attachments and exhibits may be appended where they are absolutely necessary to support the motion or brief. Attachments and exhibits which merely explain or enhance the parties’ position shall not be attached but may be forwarded to the judicial staff attorney for the appropriate judge.

Applies to

Oral argument application

Oral argument may be permitted if an application demonstrates necessity.

Oral argument may be permitted upon application and proof of necessity.

Applies to

Trial brief

Trial briefs must address the issues in the case and include legal authorities supporting the positions counsel will assert at trial.

The briefs shall relate to the issue or issues of the case and contain legal authorities supporting the positions counsel intends to assert during trial.

Applies to

Evidence of title

If the plaintiff’s attorney does not provide the required title evidence, an interested party may, after notice and leave of court, furnish and file it within 30 days after the complaint is filed.

Upon failure of the attorney for the plaintiff to comply with the foregoing requirement, any cross-complainant or other interested party, upon notice to plaintiff’s attorney, may procure leave to furnish and file such evidence of the state of title within thirty days after filing the complaint.

Applies to

Minority report

A minority report is not required, but an arbitrator may elect to submit one due to unusual circumstances.

A minority report shall not be required unless the arbitrator elects to submit the same due to unusual circumstances.

Applies to

Certification of appointed counsel

Appointed counsel must certify awareness of Ohio Revised Code Section 120.03, review of Ohio Administrative Code Section 120-1-10, and ongoing compliance with the applicable training and experience requirements.

The undersigned attorney, _____________________________________, hereby certifies to the Lake County Common Pleas Court, General Division, that I am aware of the provisions of Ohio Revised Code Section 120.03 which mandates the Ohio Public Defender Commission to establish rules for the minimum qualifications of appointed counsel. I further certify to the Court that I have reviewed the provisions set forth in Ohio Administrative Code Section 120-1-10 regarding cases subject to appointment, and the training and experience required for appointment under the specific category of this appointment. I further certify to the Court that, at all times during my representation of the defendant, I meet the training and experience requirements set forth in OAC section 120-1-10 for my appointment to represent the defendant in case number ____________________________.

Applies to

Standing special process server application

An individual or agent of a legal organization may apply to become a Standing Special Process Server for civil cases by filing an application under the rule.

3.02(B) STANDING SPECIAL PROCESS SERVER. An individual, or agent of a legal organization, may apply to be a "Standing Special Process Server" for civil cases by filing an application in accordance with this rule.

Applies to

Motion for leave to file non instanter

A motion for leave to file a pleading or motion other than instanter need not attach a copy of the proposed pleading as an exhibit.

A motion for leave of court to file any other pleading or motion (not instanter) need not have attached as an exhibit a copy of the proposed pleading.

Applies to

Evidence of title

An attorney-certified true copy or a copy of the original evidence of title may be filed instead of the original title evidence.

A true copy certified by the attorney or a copy of the original evidence of title may be filed with the clerk of court in lieu of such original.