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

CRITICAL

Applies to

Final judicial report

Before submitting an order or judgment entry ordering sale of residential real estate, the submitting party must file a final judicial report updating title through the date of lis pendens and including the case docket.

Prior to submitting any order or judgment entry to a court that would order the sale of the residential real estate, the party submitting the order or judgment entry shall file with the Clerk a final judicial report that updates the state of the record title to that real estate from the effective date of the preliminary judicial report through the date of lis pendens and includes a copy of the court’s docket for the case.

CRITICAL

Applies to

Motion or response

A party requesting an oral hearing must place “Oral Hearing Requested” next to or below the title on the first page of its motion or response; the Court may hold a hearing even without a request.

A party must affirmatively request an oral hearing on the first page of any motion or response by denoting “Oral Hearing Requested” next to or below the title of the motion or response. The Court may elect to conduct an oral hearing even if no party requests an oral hearing.

CRITICAL

Applies to

Process server appointment motion or application

A person seeking appointment as a process server must submit an appointment motion or application with the affidavit required by Civil Rule 4.1(D).

Every person seeking appointment as a process server shall submit a motion or application for appointment along with the affidavit required by Civil Rule 4.1(D).

CRITICAL

Applies to

Instructions for service

A party requesting Clerk service of a pleading other than a complaint must file Instructions for Service with the Clerk.

For service by the Clerk of any pleading of than a Complaint, the party requesting service shall file Instructions for Service with the clerk.

CRITICAL

Applies to

Motion response reply or other brief

Factual citations in motions, responses, replies, and other briefs must pinpoint the supporting material.

Factual citations in any motion, response, reply, or other brief shall include specific pinpoint citation to the supporting material (affidavit, deposition, transcript, etc.).

CRITICAL

Applies to

Advance cost deposit waiver request

An inmate seeking an advance cost deposit waiver must submit the required form and an institutional certificate stating available funds on deposit.

C. If an inmate of a state penal institution seeks a waiver of the requirement to make an advance deposit for costs, that inmate, in addition to the requisite form, shall submit a Certificate of the Superintendent or other appropriate officer of the institution that sets forth the amount of funds, if any, that the inmate may have on deposit with the institution available to the inmate to secure costs.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must specifically state all supporting grounds and all hearing and trial dates scheduled when the motion is filed.

C. An attorney’s motion to withdraw shall state with specificity all grounds supporting that attorney’s request to withdraw and shall state all hearing and trial dates scheduled as of the time of filing the motion.

CRITICAL

Applies to

Settlement notice

When plaintiff’s counsel uses the telephone notification option for a pretrial settlement, counsel must file written notice of the settlement with the Court.

As soon as the parties have reached a settlement agreement prior to the trial date, Plaintiff’s counsel shall either (1) immediately notify the Court by email or (2) immediately notifying the Court by telephone and filing a written notice of the settlement with the Court.

CRITICAL

Applies to

Complaint

Must include

caption

Every complaint presented to the Court must have a caption listing each party’s name and address.

Pursuant to Civil Rule 5, every Complaint presented to the Court shall contain a caption that includes the name and address of each party.

CRITICAL

Applies to

Motion

A motion must state the specific relief sought and include supporting argument and citations to relevant authority.

A party’s motion shall contain the specific relief sought along with relevant argument and citation to any statutes, rules, case law, or other authority supporting the party’s motion.

CRITICAL

Applies to

Motion to withdraw

The Court disfavors withdrawal; it may permit withdrawal on a written motion showing good cause and may consider an oral motion in exceptional circumstances.

A. The Court disfavors withdrawal of counsel. However, upon written motion for leave to withdraw, the Court may permit counsel of record to withdraw upon a showing of good cause. In exceptional circumstances, the Court may consider an attorney’s oral motion to withdraw as counsel of record.

CRITICAL

Applies to

Motion or response

A party seeking an oral hearing must put “Oral Hearing Requested” next to or below the title on the first page of its motion or response.

A party must affirmatively request an oral hearing on the first page of any motion or response by denoting “Oral Hearing Requested” next to or below the title of the motion or response.

CRITICAL

Applies to

Cognovit judgment

The judgment amount must include interest computed through the date judgment is rendered.

Interest shall be computed to the day of the rendition of the judgment and included in the amount of the judgment.

CRITICAL

Applies to

Filing requiring service

The Clerk may refuse a document lacking an appropriate certificate of service, and the Court will not consider it and must strike it.

C. The Clerk may refuse to accept for filing any document submitted without an appropriate certificate of service, and the Court shall not consider and shall strike any document submitted without an appropriate certificate of service.

CRITICAL

Applies to

Approved fee application entry

After approval, the court-appointed attorney must file a copy of the approved fee application or entry with the Clerk.

However, the court-appointed attorney must still file a copy of the approved fee application/entry to the Clerk for filing.

CRITICAL

Applies to

Proposed judgment entry

If the recipient does not respond within ten days, the preparing attorney must submit the proposed Judgment Entry with a notation of the date it was submitted to the non-responding attorney.

If an attorney receiving a proposed entry fails to respond to the preparing attorney within ten (10) days, the preparing attorney shall submit the proposed Judgment Entry to the Court with a notation of the date submitted to the non-responding attorney.

CRITICAL

Applies to

Default judgment motion

A default motion seeking a monetary award must include detailed evidentiary support for the amount requested.

C. For a motion for default seeking a monetary award, the moving party shall provide detailed evidentiary support for the amount requested.

CRITICAL

Applies to

Original filing

An original filing longer than one page must contain page numbers, subject to the stated impracticability exceptions.

Contain page numbers if the document has more than one page. B. To the extent impracticable, the mechanical requirements of this rule shall not apply to attachments or exhibits to any filing; depositions or similar transcripts; forms approved by the Ohio Supreme Court or this Court, such as Financial Disclosure Forms; and any other Document for which the Filer cannot comply with these mechanical requirements.

CRITICAL

Applies to

Preliminary judicial report

The preliminary judicial report must be effective within 30 days before filing and include the specified property, ownership, title, and lienholder information, subject to the stated exception.

The preliminary judicial report shall be effective within thirty days prior to the filing of the complaint or other pleading requesting a judicial sale and shall include at least all of the following: 1. A legal description of each parcel of real estate to be sold at the judicial sale; 2. The street address of the real estate or, if there is no street address, the name of the street or road upon which the real estate fronts together with the names of the streets or roads immediately to the north and south or east and west of the real estate; 3. The county treasurer's permanent parcel number or other tax identification number of the real estate; 4. The name of the owners of record of the real estate to be sold; 5. A reference to the volume and page or instrument number of the recording by which the owners acquired title to the real estate; 6. A description of the record title to the real estate; however, easements, restrictions, setback lines, declarations, conditions, covenants, reservations, and rights-of-way that were filed for record prior to the lien being foreclosed are not required to be included; 7. The name and address of each lienholder and the name and address of each lienholder's attorney, if any, as shown on the recorded lien of the lienholder.

CRITICAL

Applies to

Refiled complaint

A complaint refiling a previously dismissed case must contain the designation “REFILED CASE.”

Refiling: If a party refiles a previously dismissed case, the refiled complaint shall contain the following designation: “REFILED CASE.”

CRITICAL

Applies to

Original filing

Must include

caption

Every original filing must contain a case caption, and civil captions must comply with Rule 202.

Every Original Filing shall contain a case caption. Civil case captions must comport with Rule 202.

CRITICAL

Applies to

Discovery demand or notice

Discovery demands and notices must be filed with the Clerk to take effect; submitting them solely through the Prosecutor’s Matrix system is insufficient.

A Defendant must file any demand for discovery and any notice of reciprocal discovery with the Clerk for inclusion in the record. A party’s demand for discovery, notice of discovery, or notice of reciprocal discovery shall not have effect until filed. A discovery demand, request, or notice done solely through the Prosecutor’s Matrix system shall not have effect. The parties must file these documents with the Clerk.

CRITICAL

Applies to

Receiver report

Receipts for all money paid out by a receiver must be filed with the receiver’s report.

F. Any person removed as receiver for failure to comply with these rules shall be ineligible for subsequent appointments. Receipts for all monies paid out by receivers must be filed with the report.

CRITICAL

Applies to

Notice of appearance

Upon being retained or appointed, the trial attorney must immediately notify the Court by filing a written notice of appearance with the Clerk or by signing and filing a pleading in the case.

The attorney who is to try the case, upon being retained or appointed, shall immediately notify the Court that he or she is the trial attorney by filing a written notice of appearance with the Clerk of the Court and/or by signature and filing of any pleading in the case.

CRITICAL

Applies to

Proposed judgment entry

If the trial judge requests it, prevailing counsel must submit a proposed Judgment Entry circulated to all counsel.

If requested by the trial judge, counsel for the party in whose favor the Court issues a decision, order, decree, or judgment shall submit to the trial judge a proposed Judgment Entry that the preparing party has circulated to all counsel.

CRITICAL

Applies to

Process server appointment application

A party may request multiple appointments in one application, but the application must include a Civ.R. 4.1(D) affidavit signed by each individual for whom appointment is sought.

A party may seek the appointment of more than one person in a single application. However, the request for appointment must include the affidavit required by Civ.R. 4.1(D) signed by each individual for whom the application seeks appointment.

CRITICAL

Applies to

Amended case schedule

A party moving to modify the Case Schedule must prepare and present a proposed Amended Case Schedule and promptly submit it to the Court.

F. If a party moves to modify the Case Schedule, that party must prepare and present to the Court a proposed “Amended Case Schedule,” which the moving party must promptly submit to the Court and serve on all other parties

CRITICAL

Applies to

Proposed jury instructions

Unless otherwise ordered by the Court, the parties shall provide proposed jury instructions at least seventy-two (72) hours prior to the start of trial.

Unless otherwise ordered by the Court, the parties shall provide proposed jury instructions at least seventy-two (72) hours prior to the start of trial.

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment under Civil Rule 55 must file a written motion.

A. A party shall seek judgment by default pursuant to Civil Rule 55 by filing a written motion.

CRITICAL

Applies to

Proposed entry

If the client consents to withdrawal, counsel must submit a proposed Entry approved by the client, but submission does not guarantee that withdrawal will be granted.

D. If the client of the attorney who seeks leave to withdraw consents to the withdrawal, counsel shall submit a proposed Entry approved by the client. However, the submission of such proposed Entry does not guarantee that the Court will grant the motion to withdraw.

CRITICAL

Applies to

Default judgment motion

A default motion must specify the date and manner of service on each party against whom default is sought, and the Court may deny a motion that fails to provide the required details or otherwise comply with the Rules.

B. Every motion for default shall specify the date and specific manner of service upon each party against whom the motion seeks default. The Court may deny a Motion for Default that fails specifically to identify the details of service as required herein or otherwise comply with these Rules.

CRITICAL

Applies to

Default judgment motion

A default motion will generally include an affidavit stating, to the affiant’s knowledge, that the party is not a minor, incompetent, or actively serving in the military; default judgment may not be entered against a minor or incompetent person unless an appeared guardian or other representative represents them.

E. In accordance with Civil Rule 55, the Court shall not enter judgment by default against a minor or an incompetent person unless represented in the action by a guardian or other such representative who has appeared therein. The Court will generally not grant default judgment against any party unless the motion contains an affidavit that states, to the best of affiant’s knowledge, the party against whom the moving party seeks judgment by default is not a minor, not incompetent, or not actively serving in the military.

CRITICAL

Applies to

Original filing

The filer must sign the original of every original filing in blue ink.

A Filer shall sign in blue ink the original of every Original Filing filed with the Court.

CRITICAL

Applies to

Document requiring signature

A document requiring a signature must use either “/s/” followed by the typed name or an electronic or scanned image of the signature; an electronic signature has the same effect as a manual signature.

An electronic signature will have the same force and effect as a manual signature. An e-filer must sign any document requiring a signature by use of at least one of the following: “/s/” and the name typed in the space where the signature would otherwise appear; or An electronic image or scanned image of the signature.

CRITICAL

Applies to

Motion to consolidate

A party seeking consolidation must file a motion to consolidate in every case it seeks to consolidate.

A party must file a motion to consolidate in each case the movant seeks to consolidate.

CRITICAL

Applies to

Advance cost deposit waiver request

A request to waive an advance cost deposit must include the form required by the cited statutes.

A. For any party that seeks a waiver of the requirement to make an advance deposit for costs in a civil action or proceeding, that party shall follow the procedure detailed in R.C. 2323.31 and R.C. 2323.311 and shall submit the form required by these statutes.

CRITICAL

Applies to

Original document

If an original document requires a non-attorney’s signature, the e-filer must scan the original and electronically file it.

If an Original Document requires a signature of a non-attorney, the e-filer must scan the original document and then electronically file it.

CRITICAL

Applies to

Original filing

An original filing must include the filer’s contact information and, for an attorney, the attorney’s registration number and firm name when applicable.

Every Original Filing presented to the Clerk for filling shall also include the Filer’s name, address, telephone number, and email address (if the Filer has one). An attorney shall also include the attorney’s registration number and the attorney’s firm name, if applicable.

CRITICAL

Applies to

Receiver appointment notice

A receiver-appointment notice must be written and state when the application will be made.

A. A written notice of not less than two (2) days shall be given to the opposite party of all applications for appointment of a receiver, unless the Court, upon good cause stated in the pleading or affidavit filed therewith, dispenses with same. Such notice shall state the time when application will be made.

CRITICAL

Applies to

Notice of dismissal

A party filing a dismissal or partial dismissal must file a notice identifying the parties who settled, any parties remaining, and any claims still pending.

A party must file a Notice of any dismissal or partial dismissal. The notice must indicate which parties have settled, which parties (if any) remain, and which claims (if any) remain pending.

CRITICAL

Applies to

Entry of satisfaction of judgment

Plaintiff or Plaintiff’s counsel shall promptly have an entry of satisfaction of judgment made upon the docket and in no event later than thirty (30) days after final payment or upon written demand after final payment.

Plaintiff or Plaintiff’s counsel shall promptly have an entry of satisfaction of judgment made upon the docket and in no event later than thirty (30) days after final payment or upon written demand after final payment.

CRITICAL

Applies to

AI assisted material

Must include

ai disclosure

AI-assisted material submitted to the Court must include a signed disclosure and certification at submission describing the AI technology and its role, identifying the type of AI used, and certifying final review and approval; speech-to-text and similar typing-assistance programs are excluded.

Attorneys and/or parties must disclose the use of AI-assisted technology in the creation or editing of any AI-Assisted Material submitted to the Court. 2. Submission of any AI-Assisted Material requires a disclosure and certification that includes a general description of the AI technology used and its role in the preparation of the materials. The attorney or party submitting the AI-Assisted Material must make the disclosure at the time of submission through a certification signed by the attorney or party attached to the document or evidence, indicating the type of AI used and certifying the attorney’s or party’s final review and approval of the AI-Assisted Material. This Rule does not prohibit and does not apply to the use of speech to text software or similar programs that assist a person avoid or limit the physical act of typing a document.

CRITICAL

Applies to

Cognovit judgment filing

The original cognovit note must be submitted with the Complaint, Answer, and Entry before judgment may be allowed.

No judgment on a cognovit note shall be allowed unless there is submitted with the Complaint, Answer, and Entry the original note upon which such action is founded.

CRITICAL

Applies to

Subsequent civil document

Must include

caption, case number

Each subsequent document in a civil case must include a caption stating the case number and the names of the first plaintiff and first defendant.

Any subsequent document presented to the Court in a civil case shall include a caption that, at a minimum, states the case number and the name of the first party Plaintiff and the name of the first party Defendant.

CRITICAL

Applies to

Proposed judgment entry

If an opposing attorney or party has communicated disagreement verbally or in writing, the preparing attorney must not submit the proposed Judgment Entry without clear notification.

If an opposing attorney or party notified the preparing attorney of disagreement either verbally or in writing, the preparing attorney shall not submit proposed Judgment Entry without clear notification.

CRITICAL

Applies to

Electronically filed document

An Ohio-licensed attorney or an unrepresented party must sign every electronically filed document.

An attorney licensed to practice law in the State of Ohio or an unrepresented party must sign any electronically-filed document. Civ.R. 5(E)(1), Civ.R. 11, and/or Crim.R. 12 apply to signed documents.

CRITICAL

Applies to

Original document

For each original document, the e-filer must complete an online Document Description Form with the listed case, document, transmission, and filer information; attorney e-filers must also provide their registration number and firm name if applicable.

For each Original Document filed, the e-filer must complete an online Document Description Form containing the following information: (a) The title of the case; (b) The case number, if previously assigned; (c) The assigned judge, if previously assigned; (d) The title of the document being filed; (e) The date of transmission; and (f) The name, address, telephone number, an email address, and fax number (if any) of the e-filer. An attorney e-filer shall include the attorney registration number and firm name, if applicable.

CRITICAL

Applies to

Motion response

A response must explain its grounds and include supporting argument and citations to relevant authority.

A party’s response to a motion shall detail the grounds in opposition or response to the relief requested along with relevant argument and citation to any statutes, rules, case law, or other authority supporting the party’s response.

CRITICAL

Applies to

Filing requiring service

Must include

certificate of service

Every filing requiring service must include a written certificate of service listing each recipient, the specific service date and method for each recipient, and the serving party’s or attorney’s signature.

B. Every filing requiring service shall contain a written certificate of service that complies with the Ohio Rules and these Rules. Every certificate of service shall at least contain: 1. The name of each person receiving service 2. The specific date of service upon each identified person 3. The specific manner of service upon each identified person 4. The signature of the serving party or attorney

CRITICAL

Applies to

Receiver and attorney fee application

Receiver and attorney fees may be allowed only on an application filed in the case with an affidavit detailing services rendered.

G. Fees of receivers and their attorneys shall be allowed only upon application filed in the cause with an affidavit setting forth in detail the services rendered in the case.