Lorain County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Joint pretrial statement

All parties must file a joint statement at least seven days before the final pretrial addressing agreed and disputed facts and issues, jury instructions, settlement positions, witnesses, anticipated legal or evidentiary problems and motions, trial length, and equipment needs.

All parties shall file a joint statement at least seven (7) days prior to the final pre-trial, setting forth the following: (1) Statement of agreed facts and issues, with disputed facts and issues of law noted. (2) Jury instructions, including a list of non-OJI contemplated by any party. (3) Plaintiff’s demand and Defendant’s offer. (4) List of expert and non-expert witnesses. (5) Legal or evidentiary problems anticipated. (6) Estimated length of trial. (7) Each party’s anticipated pre-trial motions. (8) Equipment needs for trial.

CRITICAL

Applies to

Transcript bill ordered by judge

A bill for a judge-ordered transcript must bear the court reporter’s certificate that the charge is fair and conforms to law to be approved.

No bill for any transcript ordered by a judge shall be approved unless it bears a certificate by the court reporter and that the charge is fair and in conformity with law.

CRITICAL

Applies to

Filing

Every filing must include the filing party’s name, address, telephone number, and email address.

(C) Filing Party Information: All filings must include the filing party’s name, address, telephone number, and email address.

CRITICAL

Applies to

Filing

Must include

caption

All filings must comply with Civil Rule 10's case-caption requirements.

(B) Case Caption: All filings must comply with Civ.R. 10.

CRITICAL

Applies to

Notice to judgment debtor

The filing must include two copies of the Notice to the Judgment Debtor.

b. Two (2) copies of Notice to the Judgment Debtor.

CRITICAL

Applies to

Dispositive motion packet

When applicable, the required dispositive-motion packet must be submitted to the Clerk of Courts at the same time as a motion for default judgment, summary judgment, or another dispositive motion; the packet contents are listed beyond this excerpt.

(B) Dispositive Motion Packet: When applicable, all of the following shall be submitted to the Lorain County Clerk of Courts contemporaneous with the filing of a Motion for Default Judgment, Motion for Summary Judgment, or other dispositive motion:

CRITICAL

Applies to

Proposed order

A proposed order or entry must identify the specific motion to which it applies.

Proposed orders/entries shall refer to the specific motion to which it applies.

CRITICAL

Applies to

Motion

Must include

proposed order

The referring attorney must prepare a mediation-referral motion and proposed order.

The referring attorney prepares the Motion and Proposed Order for Referral to Mediation.

CRITICAL

Applies to

Motion to transfer

When a civil forfeiture matter relates to a pending criminal case, the party seeking forfeiture must inform the Court and file a motion to transfer.

Civil Forfeiture: Civil forfeiture cases shall be assigned or transferred to the Judge presiding over any related criminal case. The party seeking forfeiture shall inform the Court and file a motion to transfer whenever the underlying civil matter relates to any pending criminal case, as set forth in ORC 2981.05.

CRITICAL

Applies to

E filed document

A required attorney or filing-party signature on an e-filed document must use a conformed “/s/ [name]” signature; the stated attorney signature format includes the listed identifying and contact information.

E-filed documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/ [name].” The correct format for an attorney’s conformed signature is as follows: /s/Attorney Name Attorney Name Bar Number 1234567 Attorney for [Plaintiff/Defendant] XYZ Corporation ABC Law Firm Address Telephone E-mail address

CRITICAL

Applies to

Motion to redeem

A motion to redeem must identify the person seeking redemption and include current contact information, including an email address if applicable.

The motion must identify the person attempting to redeem and include a current address, phone number, and email address, if applicable.

CRITICAL

Applies to

Transcript of proceedings

A filed transcript of proceedings must include the preparing court reporter’s name, address, and telephone number.

Every transcript of proceedings filed in this court shall bear the name, address and telephone number of the court reporter preparing it.

CRITICAL

Applies to

Verification form

The purchaser must obtain a Treasurer’s verification form and deliver it to the Sheriff’s civil division before a deed will issue.

The purchaser shall obtain a verification form from the Treasurer’s office to be delivered to the Sheriff’s civil division. No deeds will be issued without proper verification from the Treasurer’s office.

CRITICAL

Applies to

Motion to cancel sheriff sale

A cancellation motion must explain the reason for cancellation and include a receipt showing payment of costs.

The cancellation of a Sheriff’s sale shall be by written motion detailing the reason for cancellation, filed at least twenty-four (24) hours prior to the date of sale, and include a copy of the receipt evidencing payment of costs. Failure to follow this rule may result in denial of the motion.

CRITICALCivil cases

Applies to

Written confidentiality agreement

If the parties believe confidentiality beyond the mediation privilege is necessary, they must effect a written confidentiality agreement before mediation.

If the parties believe that confidentiality beyond the scope of the privilege is necessary, then the parties shall effect a written confidentiality agreement prior to the mediation.

CRITICAL

Applies to

Original complaint counterclaim crossclaim third party complaint

The caption of an original complaint, counterclaim, crossclaim, or third-party complaint must include the parties’ addresses, using “unknown” for any unknown address.

Upon filing the original complaint or any counterclaim, crossclaim, or third-party complaint, in addition to the Instructions for Service required by this Order, the filer shall include the address of the plaintiff(s) and defendant(s) in the caption of the document. If the address of any plaintiff or defendant is unknown, the filer shall substitute “unknown” for the address in the caption.

CRITICAL

Applies to

Foreclosure case filing

If a probate estate is open or has been opened, file a copy of any will and the next-of-kin form in the foreclosure action.

If a probate estate is open or has been opened for the deceased, a copy of the will, if any, and the next of kin form must be filed in the foreclosure action.

CRITICAL

Applies to

Foreclosure case filing

If a property owner or other necessary person is believed to be deceased, evidence of death must be filed with the court.

In any case where an owner of the subject property or any other necessary person required for just adjudication is believed to be deceased, evidence of death must be filed with the court via a death certificate or other reliable proof.

CRITICAL

Applies to

Complaint

Before filing the complaint, the plaintiff must obtain pre-approval of the legal description and file the original stamped approved description with it.

(C) Legal Descriptions: Prior to the filing of the complaint, Plaintiff shall obtain the pre- approval of the legal description from the Lorain County Auditor’s Office Tax Map Department and shall file the original stamped “approved” description with the complaint. The clerk of courts shall not file any complaint that does not include a pre-approved legal description.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The filed certificate of service must state the service date and manner and list the names and addresses of all interested parties who received notice.

Not less than fourteen (14) days prior to the scheduled sale date, the party who requested execution shall file with the Clerk of Courts a certificate of service of notice of sale date specifying the date and manner of service and the names and addresses of all interested parties who received notice.

CRITICAL

Applies to

Notice of change of address

Self-represented parties and counsel of record must file any change-of-address notice with the clerk of courts.

(D) Change of Address: Self-represented parties or counsel of record must file any notice of change of address with the clerk of courts.

CRITICAL

Applies to

Judgment order

For vacant land without a street number, the judgment order’s address or “Commonly Known As” must identify it as vacant land and provide the specified road and intersection information.

If the property to be sold is vacant land and no street number exists, then the property address (or “Commonly Known As”) must state that it is vacant land and contain the name of the street or road upon which such property is located, together with the names of the streets or roads and the distances therefrom immediately north and south or east and west of such property that cross or intersect the street or road upon which it is located.

CRITICAL

Applies to

Order of garnishment of property and answer of garnishee

The filing must include four copies of the Order of Garnishment of Property and Answer of Garnishee.

(6) Four (4) copies of Order of Garnishment of Property and Answer of Garnishee.

CRITICAL

Applies to

Foreclosure case filing

If evidence of death is unavailable, the believed-deceased person and their unknown heirs and other listed successors must be named and served under the civil rules.

If such evidence is unavailable, then the person believed to be deceased must be named as well as his/her unknown heirs, devisees, next of kin, etc. and both shall be served according to the civil rules.

CRITICAL

Applies to

Foreclosure case filing

If the property owner is deceased, any unknown tenants must be named as parties and service must be attempted at the property.

If the property owner(s) is/are deceased, then the unknown tenants, if any, of the subject property must be named as a party and service at the subject property must be attempted.

CRITICAL

Applies to

Motion to confirm sale

Must include

proposed order

Counsel for the party requesting execution must submit a proposed journal entry confirming the sale and file a confirmation motion that states the sale date.

Counsel for the party requesting execution shall submit a proposed journal entry confirming the sale and file a motion requesting the Court to confirm the sale, stating in the motion the date the sale was held,

CRITICAL

Applies to

Amended search warrant application

Unless the prior judge is unavailable, an amended search-warrant application following a denial must be presented to that same judge and include any additional factual allegations supporting probable cause.

(B) If an application for a search warrant has been previously presented to a judge authorized by law to issue the warrant and has been denied, then, unless the previous judge is unavailable, an amended application, with any additional factual allegations supporting probable cause to issue the warrant shall be presented to the same judge.

CRITICAL

Applies to

Request to be placed on court appointed counsel list

Requests to join the court-appointed counsel list must be submitted to the court administrator’s office, and requests and qualification documentation must be updated yearly.

Requests to be placed on the court’s-maintained list of court appointed counsels shall be submitted to the court administrator’s office. Requests and the necessary documentation for qualifications shall be updated yearly by counsel.

CRITICAL

Applies to

Certification of compliance cover sheet

The filing must include a certification-of-compliance cover sheet signed by the attorney or an authorized representative and indicating compliance with the Rule.

(3) A certification of compliance cover sheet signed by the attorney or authorized representative indicating the filing complies with this Rule. Copies of this form are available in the Civil Division of the Clerk of Courts.

CRITICAL

Applies to

Trial witness list

Each party must submit a trial witness list containing the full name and address of each expected witness no later than 14 days before the final pretrial, unless the assigned judge specifies otherwise.

All parties are required to submit a trial witness list, including the full name and address of all witnesses expected to testify at the trial on their behalf, no later than fourteen (14) days prior to the final pre-trial, unless otherwise specified by the judge to whom the case is assigned.

CRITICAL

Applies to

Petit juror summons

Each summons must explain how and when the recipient must respond and the consequences of failing to respond to the questionnaire.

The summons shall identify how and when the recipient must respond and the consequences of a failure to respond to the questionnaire.

CRITICAL

Applies to

Motion for order of garnishment of property other than personal earnings

A motion for an order garnishing property other than the judgment debtor’s personal earnings must be included.

(4) Motion for Order of Garnishment of Property Other than Personal Earnings of Judgment Debtor.

CRITICAL

Applies to

Judicial report

In the specified real-property actions, the party seeking quiet title, partition, or judicial sale must procure and file a judicial report with the clerk, with a guarantee amount equal to the greater of the stated valuation or lien amount; noncompliance may result in dismissal.

(A) Judicial Reports: In actions to quiet title, partition and for marshaling and foreclosure of liens on real property, the party seeking the quiet title, partition or judicial sale of property shall procure and file with the clerk. The guarantee amount on the report shall be either the fair market value of the property based upon the county auditor value or the principal balance of the mortgage, including any deferred amounts or other lien being foreclosed, whichever is greater. Failure to comply with this rule may result in dismissal of the action.

CRITICAL

Applies to

Complaint

Counsel must file a Case Designation Sheet with every complaint; the form is available from the clerk of courts.

A Case Designation Sheet shall be filed by counsel with every complaint, which form may be obtained from the clerk of courts.

CRITICAL

Applies to

Affidavit of judgment creditor or attorney

The filing must include an affidavit complying with Ohio Revised Code §2716.11 and the garnishee fee, which is separate from and not included in the filing deposit.

(5) Affidavit of the judgment creditor or the judgment creditor’s attorney in accordance with Ohio Revised Code §2716.11 and the garnishee fee (separate from and not included in the deposit for filing) in accordance with Ohio R.C. 2716.12.

CRITICAL

Applies to

Original evidentiary materials

Original evidentiary materials permitted by Civ.R. 56(C) must be filed with the clerk together with the original summary-judgment motion.

Original evidentiary materials as permitted by Civ.R. 56(C) shall be filed with the clerk of courts with the original motion.

CRITICAL

Applies to

Referral form

Placement in the LCRC is initiated by completing the referral form and delivering it to the LCRC Coordinator.

(A) Placement: Placement is initiated by obtaining and completing a “referral form” that is available from all the general division judges. This form must be completed and delivered to the LCRC Coordinator.

CRITICAL

Applies to

Search warrant supporting affidavit

A search-warrant application must include a supporting affidavit in which the applicant swears or affirms that the same search application was not previously presented to and denied by an authorized judge.

(A) In any application to obtain a search warrant, pursuant to Ohio Crim. R. 41, the applicant must swear or affirm in his/her supporting affidavit that an application seeking to conduct the same search has not been previously presented to and been denied by a judge authorized by law to issue a warrant to search.

CRITICAL

Applies to

In forma pauperis application

A person claiming indigency must submit an in forma pauperis application and a supporting affidavit stating why costs cannot be prepaid.

(C) In the event of claimed indigency, the indigent person shall file an application to proceed in forma pauperis, accompanied by a supporting affidavit. The affidavit shall state the reasons for the inability to prepay costs and is subject to court review at any stage of the proceedings, as set forth in ORC 2323.311.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a brief stating its grounds and citing the authorities relied upon.

All motions shall be accompanied by a brief stating the grounds thereof and citing the authorities relied upon.

CRITICAL

Applies to

Signed original document

The filer must keep the signed original available for production on court request until the case is closed, the applicable appeal process has concluded, and all opportunities for post-judgment relief are exhausted.

The filer shall maintain the signed document in the filer’s records and have it available for production upon request of the court. The signed document shall be maintained until the case is closed and the time for appeal has expired or the appeals have been heard or denied and all opportunities for post judgment relief are exhausted. It is the filer’s responsibility to maintain the document.

CRITICAL

Applies to

Stipulation or other document

For a document requiring multiple signatures, the filer must confirm agreement to its content, indicate the other signatories’ agreement in the document, and e-file it identifying those signatories.

When a stipulation or other document requires two or more signatures, the filer shall: 1. Confirm that the content of the document is acceptable to all persons required to sign the document. 2. Indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line; and 3. E-File the document, indicating the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc.

CRITICAL

Applies to

Insurance declarations page

Attorneys must provide a copy of their insurance declarations page to the court administrator’s office.

Attorneys shall maintain professional liability (malpractice) insurance in the amount equal to the minimum coverage required by the Ohio Rules of Professional Conduct and shall provide a copy of the declarations page to the court administrator’s office.

CRITICAL

Applies to

Praecipe for garnishment of property other than personal earnings

A Praecipe for Garnishment of Property Other than Personal Earnings must be included.

d. Praecipe for Garnishment of Property Other than Personal Earnings.

CRITICAL

Applies to

Request for hearing form

The filing must include two copies of the Request for Hearing form.

c. Two (2) copies of Request for Hearing form.

CRITICAL

Applies to

Attorney withdrawal

An attorney must obtain leave of court before withdrawing from pending litigation unless new counsel files a Notice of Appearance or Substitution of Counsel.

(A) Pursuant to Ohio Rules of Professional Conduct 1.16(c), leave of court must be obtained before an attorney may withdraw from employment in pending litigation unless new counsel files a Notice of Appearance or Substitution of Counsel.

CRITICAL

Applies to

Foreclosure case filing

The approved legal description must accompany filings at every stage of the foreclosure case, or the document may be rejected.

Further, said approved legal description shall be submitted by Plaintiff, or by cross-complainant(s), at all stages in the foreclosure case (i.e., proposed Judgment Entry, Praecipe for Order of Sale, Confirmation Entry, Sheriff’s Deed, etc.). Failure to attach the stamped “approved” legal description shall be cause for rejection of said document for filing.

CRITICAL

Applies to

Praecipe for order of sale

If the property is sold subject to a first mortgage, the sale-requesting party must include the payoff amount in the praecipe or the sheriff will return the order without execution.

If a property is being sold “subject to” a first mortgage, the party requesting the sale shall include in the praecipe for order of sale a payoff amount due to the first mortgage. Failure to do so will result in the order of sale being returned by the Sheriff without execution.

CRITICAL

Applies to

Order of sale

The clerk of courts shall not issue an Order of Sale without reappraisal to the Sheriff unless the subject property has been previously appraised within the last twelve (12) months.

The clerk of courts shall not issue an Order of Sale without reappraisal to the Sheriff unless the subject property has been previously appraised within the last twelve (12) months.

CRITICAL

Applies to

Case designation sheet

For a case refiled after dismissal, the attorney or party must identify the refiling on the case designation sheet, and counsel must provide the prior case number and assigned judge; cases beyond Civil Rule 41’s guidelines are excluded from this rule.

Refiling: When a previously dismissed case is refiled, the attorney or party shall indicate so on the case designation sheet. Counsel shall also state that the case is a refiling of a prior case and include both the prior case number and assigned Judge. The Clerk of Courts shall assign the refiled case to the Judge assigned at the time of the original dismissal. Any case filed beyond the guidelines established by Civil Rule 41 is a new action not subject to this rule.