Lorain County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Instructions for service

Documents requiring or requesting Clerk service must include service instructions identifying the parties, their addresses, and the service method; use “unknown” when an address is unknown.

For all documents that require service by the clerk or documents for which a party is requesting that service be made by the clerk, instructions for service shall be included. The clerk shall not accept instructions for service that do not designate the names and addresses of the parties to be served and method to be served. If the address of the party to be served is unknown, the filer shall substitute “unknown.”

CRITICAL

Applies to

Praecipe for order of sale

In a non-tax foreclosure, include the bill or invoice for preparing preliminary and final judicial reports with the praecipe if those costs are to be taxed in the case.

Praecipe for Order of Sale: In non-tax foreclosure matters, each praecipe to the clerk for an Order of Sale shall be accompanied by: 1) the bill or invoice for preparation of the preliminary and final judicial reports, if they are to be taxed as costs in the case;

CRITICAL

Applies to

Garnishment of personal earnings

A submission for garnishment of personal earnings must include the listed cover sheet, motion, affidavits, notices, reports, praecipe, and specified copies.

The following items are required for submission of garnishment of personal earnings: (1) The security deposit for costs required by the clerk of courts. (2) 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. (3) A Motion for Order of Garnishment of Personal Earnings of Judgment Debtor. (4) Two (2) copies of the Affidavit of Judgment Creditor or Judgment Creditor’s attorney in accordance with Ohio Revised Code §2716.03, and one (1) copy of proof of service of written demand. (5) Four (4) copies of the Court Order and Notice of Garnishment. (6) Three (3) copies of the Notice to the Judgment Debtor. (7) Three (3) copies of the Request for Hearing Form. (8) Two (2) copies of the Interim Report and Answer of Garnishee. (9) One (1) copy of the Final Report and Answer of Garnishee; and (10) One (1) Praecipe for Garnishment of Personal Earnings.

CRITICAL

Applies to

Pleading

Pleadings requesting a foreclosure decree must place the subject property’s permanent parcel number below the case caption.

All pleadings requesting a decree in foreclosure shall contain the permanent parcel number(s) of the subject property below the case caption.

CRITICAL

Applies to

Judgment order

Foreclosure and sale judgment orders must contain the property’s legal description, permanent parcel number, and address, including its zip code when applicable.

All judgment orders of foreclosure and sale shall contain the legal description of the property to be sold, together with the permanent parcel number and address, including zip code, if applicable.

CRITICAL

Applies to

Garnishment of property

A submission for garnishment of property other than personal earnings must include the required cost security deposit and a one-dollar check payable to the garnishee bank.

The following items are required for submission of garnishment of property other than personal earnings: (1) The security deposit for costs required by the Clerk of Courts. (2) One Dollar ($1.00) check payable to the bank where funds are being garnished.

CRITICAL

Applies to

Filing

A filing submitted by an attorney must include the attorney’s Ohio Supreme Court registration number.

If the filing party is an attorney, the filing must also include the attorney’s Ohio Supreme Court registration number.

CRITICAL

Applies to

Consolidation motion

A motion for consolidation involving pending actions with a common question of law or fact must be filed in each case to be consolidated.

Consolidation: Pursuant to Civil Rule 42, when actions involving a common question of law or fact are pending, upon motion by any party, a motion for consolidation shall be filed with the court in each case to be consolidated. If the motion is granted, the cases shall be consolidated and go forward under the lowest case number.

CRITICAL

Applies to

Motion

The referring attorney must obtain signatures or telephone consents for the motion from all other attorneys and unrepresented parties.

The referring attorney obtains the signatures or telephone consents of all other attorneys and parties who are not represented by counsel for the Motion.

CRITICAL

Applies to

Motion

Must include

proposed order

The referring attorney must file the motion and proposed order with the Court for consideration.

The referring attorney files the Motion and proposed Order with the Court for consideration and sends a copy of both to the Mediation Office.

WARNING

Applies to

Settlement summary

If the parties settle, they must write a summary before leaving, give a copy to each party, and keep it private rather than filing it in the public court file.

If the parties come to an agreement, the parties and their attorney write a summary of that agreement before they leave the mediation. A copy of that summary is given to each of the parties. The summary remains private. It is not filed in the public court file.

WARNING

Applies to

Notice of vacancy

If the plaintiff certifies vacancy based on an inspection within the previous 30 days, the plaintiff may file a notice of vacancy stating the inspection date instead of naming and serving unknown tenants.

If Plaintiff can certify, through an inspection conducted within the previous 30 days, that the property is vacant, then Plaintiff can file a notice of vacancy that includes the inspection date in lieu of naming and serving the unknown tenants.

WARNING

Applies to

Garnishment filing

A judgment creditor requesting the return by mail of time-stamped garnishment-filing copies must provide additional copies and a sufficiently large, adequately stamped, self-addressed envelope.

If the judgment creditor wishes to have time-stamped copies of the garnishment filing returned by mail, they must provide additional copies and a self-addressed, stamped envelope of sufficient size and with adequate postage affixed to accommodate the request.

WARNINGCivil cases

Applies to

Confidentiality agreement

If you believe that the parties need to consider a confidentiality agreement to supplement the privilege, those issues should be addressed with opposing counsel and reduced to writing before the mediation.

If you believe that the parties need to consider a confidentiality agreement to supplement the privilege, those issues should be addressed with opposing counsel and reduced to writing before the mediation.