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

Applies to

All filings

Attorneys and self-represented litigants must provide their name, address, telephone number, fax number, and email address on every filing.

Attorneys practicing before the Court and pro se litigants representing themselves shall provide the Court with their name, address, telephone, fax number, and email address on all filings.

Applies to

Written change notification

Attorneys and self-represented litigants must promptly notify the Clerk of Courts and Court Administrator in writing of any changes to their contact information.

Attorneys practicing before the Court and pro se litigants representing themselves shall promptly provide in writing any change in name, address, telephone, fax number, or email address to the Clerk of Courts and the Office of the Court Administrator.

Applies to

Out of state subpoena

A petitioner requesting an out-of-state subpoena must use the subpoena form supplied by the Lucas County Clerk of Courts.

(a) Petitioner will use the subpoena(s) supplied by the Clerk’s office to ensure compliance with Civ. R. 45.

Applies to

Filing

Must include

judge name

Every filing must include the assigned judge’s first and last name.

To assist with directing filings to the proper Judge, all filings must contain both the first and last name of the assigned Judge.

Applies to

Out of state subpoena

An out-of-state subpoena submission must include a copy of the subpoena issued by the out-of-state court.

(2) Copy of subpoena issued from out-of-state Court.

Applies to

Filing

Must include

caption, case number

Every filing must be submitted using the case caption and case number, with party names controlling over the case number; an abbreviated case number may be used.

All filings with the Clerk of Courts in any action or proceeding shall be filed by case caption and case number. The names of the parties to the action shall be considered the primary basis for filing and shall take precedence over the case number. An abbreviation of the official case number, using the indicators for case type and year, followed by the last four digits of the case number may be used on filings (ex. CR-2024- 01234 may be written as CR24-1234; CI-2024-01234 can be written as CI24-1234).

Applies to

Filing

Every attorney-filed document must include the attorney's Supreme Court registration number, direct telephone number, fax number, address, and, when applicable, law-firm and business-email information.

In accordance with Civ. R. 11, every document filed with the Clerk of Courts shall contain the attorney's registration number assigned by the Supreme Court of Ohio, the direct telephone number, fax number and address of the attorney and, if applicable, the law firm of record and the attorney’s business email address.

Applies to

Filing

Every non-attorney filing must include the filer's current telephone number, address, and personal email address.

In accordance with Civ. R. 11, every document filed with the Clerk of Courts shall contain the filer’s current telephone number, address, and personal email address.

Applies to

Initial filing

The attorney must designate the case type on every initial filing using the categories in the Case Designation Sheet.

On every initial filing, the attorney shall designate the case following categories stated in the Case Designation Sheet. See Appendix C.

Applies to

Fax filing cover page

Must include

caption, judge name, case number

A fax filing must comply with the civil and criminal rules and include a detailed cover page with specified case, attorney, transmission, and page-count information.

Any document filed by fax shall conform with the civil and criminal rules and shall be preceded in transmission by a cover page which includes the caption of the case, case number, assigned judge, the name, address, attorney registration number, telephone and fax number of the attorney filing the document, a description of the document being filed, date and time of fax initiation, and the number of pages being transmitted, including the cover page.

Applies to

Proposed order

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

Proposed orders shall be submitted in a Microsoft Word 2007 or higher compatible format (.docx) and shall reference the specific motions to which they apply.

Applies to

E filing

Must include

case number

Filers must use the full case number when creating or searching for cases in the e-File system.

When entering a case number in the e-File system, filers shall use the full case number for creating cases and for searching for cases when submitting subsequent filings.

Applies to

Criminal case

Must include

case number

A criminal case is assigned one case number for each defendant.

Criminal cases will be assigned one case number per defendant.

Applies to

Document requiring signature

An electronically filed document requiring an attorney's or filer's signature must bear either the specified conformed signature or a digitally applied, flattened original signature.

Any document filed electronically with the Clerk that requires an attorney's or a filer's signature shall be signed with a conformed signature of "/s/ (name);" or shall bear a digitally applied and flattened original signature of the attorney or filing party.

Applies to

Electronically filed document

A conformed or digitally applied, flattened signature on an electronically filed document is deemed a legal signature under the specified rules and law.

The conformed signature and/or the digitally applied and flattened original signature on an electronically filed document is deemed to constitute a legal signature on the document for purposes of the signature requirements imposed by the Ohio Rules of Superintendence, Rules of Civil Procedure, Rules of Criminal Procedure, and/or any other law.

Applies to

Document requiring multiple signatures

A document requiring multiple signatures must be signed by the filer, followed by written confirmation, identification of other signatories' agreement, and electronic filing with each other signatory identified as signing by written authorization.

(a) The filing party or attorney shall sign the stipulation or document him/herself as follows: "/s/ John Smith." (b) The filing party or attorney shall then confirm in writing that the contents of the document are acceptable to all persons required to sign the document. (c) The filer will indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line. (d) The filing party or attorney shall then file the document electronically, identifying all the other signatories as follows: "/s/ Jane Doe, per written authorization, by John Smith," etc.

Applies to

Exhibit

A hand-signed PDF copy must be filed simultaneously as an exhibit, clearly identified as accompanying the proposed order, and include the complete case name and caption.

However, a copy of the same proposed order or document, hand-signed by the pro se party, shall also be filed simultaneously in PDF format as an exhibit associated with the proposed order that is submitted in word format. This exhibit shall be clearly marked as an exhibit accompanying the proposed order, even though filed as a separate document, and shall contain the complete name and caption of the case in which it is filed.

Applies to

Signed original document

The filer must retain the signed original paper document and produce it when the court requests it.

(a) The filer shall maintain the signed, original paper document in their records and have it available for production upon request of the Court; and

Applies to

Signed original document

The signed original paper document must be retained until the case closes and the appeal period expires, or until appeals are heard and all post-judgment relief opportunities are exhausted.

(b) The signed, original paper document shall be maintained until the case is closed and the time for appeal has expired, or the appeals have been heard and all opportunities for post judgment relief are exhausted.

Applies to

Instructions for service

A separate Instructions for Service document must accompany electronically filed documents requiring Clerk service, identify each party and address or state "unknown," and specify a Civil Rule 4 method unless the Court orders otherwise.

Instructions must be filed as a separate document when documents to be served by the Clerk are filed through the e-File System. The Instructions for Service shall designate the names and addresses of the parties to be served. If the address of a party to be served is unknown, the filer shall substitute "unknown" for the address. The Instructions for Service shall designate a method of service pursuant to Civ. R. 4, unless an order providing otherwise has been entered by the Court.

Applies to

Renewed power of attorney

Surety bail bond agents and agencies must file a certified copy of the renewed power of attorney by August 1 in each odd-numbered year to keep their registration current.

(a) A certified copy of the renewed power of attorney by the first day of August each odd-numbered year.

Applies to

License renewal form

Surety bail bond agents and agencies must file a copy of the State of Ohio Department of Insurance License Renewal Form by March 1 each year to keep their registration current.

(b) A copy of the State of Ohio Department of Insurance License Renewal Form by the first day of March of each year.

Applies to

Written change notification

Surety bail bond agents and agencies must provide written notice to the Clerk of Courts of any change in submitted information within five days after the change.

(c) Written notification of any change in the information submitted to the Clerk of Courts within 5 days of the change.

Applies to

Power of attorney

A surety bail bond agent must post a separate power of attorney for each case.

(b) Post a separate Power of Attorney on each case.

Applies to

Bond post form

A surety bail bond agent must post a separate Bond Post Form for each case containing the agent's original signature.

(c) Post a separate Bond Post Form on each case that contains an original signature of the Surety Bail Bond Agent.

Applies to

Motion

All motions other than those made at trial must be written; motions to suppress and discovery motions are exempt from the accompanying memorandum requirement.

All motions, other than those made at trial, shall be in writing and, except for motions to suppress and for discovery, shall contain a brief written memorandum citing the authorities relied upon.

Applies to

Motion to suppress

A motion to suppress must state with particularity its supporting factual grounds and will be stricken if it omits specific grounds, including when it relies solely on alleged state or federal constitutional violations.

A motion to suppress evidence shall state with particularity the factual grounds supporting it. Any motion to suppress filed without stating the specific grounds for suppression shall be stricken from the files, including motions claiming solely that the matter is violative of the Constitutions of Ohio and the United States.

Applies to

Complaint

The attorney must file a Case Designation Sheet with the complaint when a civil case is filed or transferred to the General Division.

When a civil case is filed or transferred to the General Division, the attorney shall file with the complaint a Case Designation Sheet.

Applies to

Case designation sheet

The Case Designation Sheet must state the case type, disclose a prior Civ. R. 41 dismissal and previously assigned judge when applicable, and list related or companion case numbers when consolidation is requested.

The attorney shall designate the case type based on the case designations contained within the Rules of Superintendence. The attorney shall also indicate whether the case was previously dismissed pursuant to Civ. R. 41 and note the name of the previously assigned Judge. If consolidation is requested, the requesting party shall list the case numbers of any related or companion cases.

Applies to

Special process server appointment order

An applicant seeking Special Process Server designation must submit an order with the specified caption.

The applicant requesting the designation shall submit an order captioned In Re the Appointment of (name of applicant) As Standing Special Process Server and stating the following:

Applies to

Special process server appointment order

The Special Process Server appointment order must be signed by the Administrative Judge of the General Trial Division and filed with the Clerk of Courts.

The Order shall be signed by the Administrative Judge of the General Trial Division and shall be filed with the Clerk of Courts

Applies to

Motion to appoint process server

Must include

proposed order

A request to appoint an individual-case Process Server must be made by motion with the required application and affidavit and a proposed journal entry granting service authority.

If a party seeks to appoint a Process Server for an individual case, the party shall submit a motion and attach to it the application supported by an affidavit as required in section (B)(2)(a) of this rule along with a proposed journal entry granting authority to the named person to serve summons and complaint in that case.

Applies to

Civil forfeiture action

Must include

proposed order

The prosecutor must request an order forfeiting the property involved in the offense to the state.

Upon filing, the prosecutor shall request an order that property involved in the offense subject to forfeiture according to the Ohio Revised Code shall be forfeited to the state.

Applies to

Motion to amend

A motion seeking leave to amend a pleading must include a copy of the proposed amended pleading.

A motion seeking leave to amend a pleading shall include a copy of the proposed amended pleading.

Applies to

Motion

Must include

proposed order

Every motion, including a routine motion, must include a proposed order for the assigned judge, submitted as a Word document.

Every motion, including routine motions, shall be accompanied by a proposed order for signature of the assigned judge submitted as a Word document.

Applies to

Proposed order

Must include

proposed order

Designated trial counsel for the prevailing party must prepare an order conforming to the court's decision or verdict and submit it to the civil bailiff for approval, journalization, and transmittal to the parties.

Upon either the Court’s rendering of a decision which constitutes a judgment as defined by the Civil Rules or the jury's rendering of a verdict, or upon a decision on an interlocutory matter or motion which does not constitute a judgment as defined by the Civil Rules, an order in conformity to the decision or finding of the Court shall be prepared by designated trial counsel for the prevailing party. The proposed order shall be submitted to the civil bailiff in the assigned Judge's courtroom for Court approval, journalization, and transmittal to the parties by the Clerk of Courts.

Applies to

Order of dismissal

Counsel must promptly submit an order of dismissal after settling a case.

Counsel shall promptly submit an order of dismissal following settlement of any case.

Applies to

Complaint

A jury-trial demand must appear on the case designation sheet when an complaint is filed, together with the Appendix A deposit.

Upon the filing of any complaint, the demand for a jury trial must be made on the case designation sheet, and an additional deposit shall be made in the amount set forth in Appendix A.

Applies to

Initial pleading

An attorney filing an eligible Commercial Docket case must include a case designation sheet identifying the case as a Commercial Docket case with the initial pleading.

If the case is eligible for assignment to the commercial docket pursuant to Sup. R. 49.05, the attorney filing the case shall include with the initial pleading a case designation sheet that it is a Commercial Docket case.

Applies to

Notice of bankruptcy

Counsel must immediately file notice of a bankruptcy filing or other stay-related action with the Clerk of Courts, provide a copy to the assigned judge, and notify the court when the stay is lifted or resolved.

Counsel for any party in a case pending in this Court, upon learning of any bankruptcy filing, or other action which might require this court to stay its proceedings, shall immediately file a notice of such bankruptcy filing or action with the Clerk of Courts and a copy of the notice with the assigned judge. The notice shall contain all data necessary to identify and verify the bankruptcy filing or action involved. Counsel shall also notify the court when the bankruptcy stay has been lifted or the matter is otherwise resolved.

Applies to

Order of distribution

An appropriation-case distribution order must contain the signatures of an assistant prosecuting attorney and the appropriating agency's attorney before funds may be disbursed.

The Clerk of Courts shall not pay out any funds deposited in appropriation cases unless the order of distribution contains the signature of an assistant prosecuting attorney of Lucas County, Ohio, and the attorney for the appropriating agency.

Applies to

Order approving withdrawal

The order approving withdrawal of an appropriation deposit must be certified by the owner's attorney or the property owner using the prescribed certification language.

The order approving the withdrawal shall be certified by the attorney for the owner or by the property owner in one of the following manners, subject to falsification penalties:

Applies to

Foreclosure complaint

A foreclosure complaint must be accompanied by an affidavit documenting the named plaintiff's ownership and/or status as holder of the note and mortgage.

A foreclosure complaint shall be accompanied by an affidavit documenting that the named plaintiff is the owner and/or holder of the note and mortgage, whether the

Applies to

Case designation sheet

The attorney must designate in the case designation sheet whether taxes are challenged as to amount, priority of the first and best lien, or both.

the attorney shall designate whether taxes are challenged as to the amount and/or as to priority of first and best lien.

Applies to

Case designation sheet

The attorney must designate the property as owner occupied, tenant occupied, or vacant in the case designation sheet.

The attorney shall also designate whether the property is owner occupied, tenant occupied, or vacant.

Applies to

Affidavit

If occupancy status is unknown when the foreclosure complaint is filed, certify the property's status by affidavit within 30 days.

If the status of occupancy is unknown at the time of the filing of the complaint, the attorney shall certify the property's status by affidavit within thirty (30) days of filing the foreclosure complaint.

Applies to

Journal entry

A foreclosure sale confirmation and distribution journal entry must include a Lucas County treasurer certificate obtained through the prosecutor's office confirming that taxes through the sale date are paid or will be secured by the entry.

As part of any journal entry for confirmation of sale and distribution of the proceeds of a foreclosure, a certificate of the Lucas County treasurer shall be obtained through the prosecutor's office certifying that all taxes due through the date of sale have been paid or secured to be paid by the journal entry presented.

Applies to

Pleading seeking execution

Except for the specified prosecuting-attorney in rem tax foreclosure action, a real-property execution pleading must be filed simultaneously with one of four title-related documents covering the property.

In every real property action, with the exception of an in rem tax foreclosure action brought by the prosecuting attorney under R.C. 5721.18(C), the party shall file simultaneously with the pleading seeking execution one of the following covering the subject real estate: (a) Preliminary judicial report. (b) A preliminary letter for guaranteed certificate of title. (c) A commitment for title guaranty. (d) A commitment for owner's policy of title insurance, prepared by licensed title insurance company as that term is defined by R.C. 3953.01(C).

Applies to

Order of sale

The Order of Sale must include the Property Description Approval Form, which must confirm the accuracy of the legal description, parcel number, and deed reference number.

One copy of the Property Description Approval Form MUST BE ATTACHED to the Order of Sale when submitted to the Clerk of Courts’ office. Said Property Description Approval Form shall state that the legal description, parcel number and deed reference number (taken from the Property Deed) has been approved and verified true by the County Auditor/Property Transfer Division.

Applies to

Order of sale

Must include

caption, case number

The Order of Sale must include specified identifying, appraisal, bankruptcy, and prior-return information, and an alias Order of Sale cannot issue until the Sheriff returns the previous order.

Information to be included with the Order of Sale: (1) Case Caption & Case Number. (2) Judgment Entry filed stamped date. (3) Sheriff's Deed Property Description Approval Form (legal description attached). (4) Whether property is to be appraised, reappraised or no appraisal or minimum bid set by attorney. (5) Bankruptcy - if stay has been granted due to a bankruptcy and federal court has lifted the bankruptcy, proof of this must be submitted with the Order of Sale. (6) On Alias Orders of sale - the previous order of sale must have been previously returned by the Sheriff's office before the new Orders of Sale can be issued.

Applies to

Praecipe for order of sale

Within 45 days after the judge signs the Final Judgment Entry, counsel must submit an Order of Sale praecipe and the stated security deposit or current Sheriff’s auction-site license fee.

Praecipe for an Order of Sale along with a security deposit in the amount as set forth in Appendix A or current Sheriff’s auction site license fee shall be submitted by counsel to the Lucas County Clerk of Courts within forty-five (45) days after the signing of the Final Judgment Entry by the Judge.

Applies to

Praecipe for alias order of sale

For an alias Order of Sale following an order predating the Public Sheriff Sale Web Site, the stated security deposit or auction-site license fee must accompany the praecipe.

When a Praecipe for an Alias Order of Sale is filed, the security deposit in the amount as set forth in Appendix A or current Sheriff’s auction site license fee shall be submitted if the previous order of sale was before the start date of the Public Sheriff Sale Web Site.

Applies to

Motion or proposed order to withdraw property

Motions and proposed orders to withdraw property from a Sheriff’s sale must use the court-approved standardized form available from the Clerk of Courts’ office.

Motions and proposed orders to withdraw property from Sheriff's sale shall conform to a standardized form. The form shall be approved and adopted by the court and shall be available in the Clerk of Courts’ office.

Applies to

Motion to withdraw property

A motion to withdraw property from a Sheriff’s sale must use the court-approved form and state the reason for withdrawal.

A party filing such a motion shall do so by filing the Court approved motion form which will include the reason for the withdrawal.

Applies to

Electronic exhibit copy

The electronic exhibit copy must begin with an index and contain all anticipated exhibits in their marked order.

The electronic copy shall include an index followed by all anticipated exhibits, and in the order marked.

Applies to

Fax filing

The court will strike a fax filing if the transmission was made without authority.

If it is established that any transmission was made without authority, the court shall order the filing stricken.

Applies to

Fax filing cover page

A fax filing lacking required cover-page information will be docketed but remains subject to an order striking it from the record.

If a document is sent by fax to the Clerk of Courts without the required cover page information, the document will be docketed by the Clerk of Courts but subject to a further order of the court that the filing be stricken from the record.

Applies to

Certification of assets

A defendant may be required to complete a certification of assets to verify indigence and eligibility for appointed counsel.

The defendant may also be required to complete a certification of assets to verify indigence and eligibility for the appointment of counsel.

Applies to

Motion for leave to exceed page limit

For good cause, the court may permit a memorandum or brief to exceed the page limit upon a motion stating the requested additional page count and explaining why extra pages are needed.

For good cause shown, the court may grant a party leave to file a memorandum or brief in excess of the page limitation. Application for such leave shall be by motion specifying the number of pages requested and specifying reasons extra pages are needed.

Applies to

Notice to bundle liens

Must include

case number

The notice must identify the primary bundle case number.

The Notice shall specify the primary bundle case number.

Applies to

Case designation sheet

The attorney must affirm that the name and direct telephone number of a person authorized to settle the matter are available on request.

By submitting the case designation sheet, the attorney shall affirm that the name and direct telephone number of an individual with authority to reach a settlement in the matter is available upon request by a party or their legal counsel.

Applies to

Fax filing

A signature appearing on a fax filing is treated as authentic.

In accordance with Civ. R. 5(E), any signature on the fax filing shall be considered authentic.