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

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A Filer relying on automated service must state that fact on the certificate of service.

If a Filer relies on automated service to complete service, the Filer must specify that fact on the certificate of service.

CRITICAL

Applies to

Original filing

Must include

certificate of service

An original filing must contain a Certificate of Service as detailed in Rule 111, subject to the stated impracticability exceptions.

Contain a Certificate of Service as detailed in Rule 111. 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

Civil complaint

Filers of new civil complaints must submit the Appendix A Designation Sheet or a substantively similar form, except in electronically filed civil actions and civil protection order cases.

For all new civil Complaints, a Filer shall complete and submit the Designation Sheet, attached as Appendix A to these rules, or a form substantively similar. B. This rule does not apply to electronically filed civil actions or civil protection order cases.

CRITICAL

Applies to

Case closing documentation

After settlement of a trial-assigned case, counsel for parties seeking affirmative relief must submit the Judgment Entry or other case-closing documents before the scheduled trial date.

When the parties settle a case assigned for trial, counsel for the parties seeking affirmative relief shall immediately notify the Court and shall submit any Judgment Entry or other documentation required to close the case prior to the scheduled trial date.

CRITICAL

Applies to

Nonstandard proposed jury instruction

A nonstandard proposed jury instruction must cite the specific case or other authority supporting it.

For any nonstandard proposed jury instruction, i.e., one not derived directly from the language of the Revised Code or OJI, the proposed jury instruction shall include citation to the specific case or other authority upon which the party relies as support for the proposed instruction.

CRITICAL

Applies to

Motion response reply or other brief

A party citing an unreported case must attach a copy of the decision to the motion, response, reply, or other brief.

If a party cites an unreported case, i.e., a case not available on the Ohio Supreme Court’s Opinions and Announcements web page (https://www.supremecourt.ohio.gov/Rod/docs/Default.aspx), the party shall attach a copy of the decision to its motion, response, reply, or other brief.

CRITICAL

Applies to

E filed document

Must include

certificate of service

All e-filers must include a certificate of service on their documents, signed in accordance with the applicable rules.

All e-filers must also include on their documents a certificate of service signed in accordance with the Civil Rules or the Criminal Rules and these Local Rules.

CRITICAL

Applies to

Proposed judgment entry

If the parties cannot agree on a proposed entry, the preparing attorney must submit it to the trial judge for review with notations about the disagreements.

If counsel cannot agree on the proposed entry, the preparing attorney shall submit the proposed entry to the trial judge for review with appropriate notation(s) about any disagreements.

CRITICAL

Applies to

Notice of substitution

In civil cases, an attorney of record need not file a motion to withdraw when another attorney files a Notice of Substitution at the client’s request.

In civil cases, an attorney of record need not file a motion to withdraw if another attorney, at the client’s request, files a Notice of Substitution.

CRITICAL

Applies to

Complaint

The plaintiff must provide the Clerk enough copies of the complaint to serve each defendant.

The Plaintiff shall supply the Clerk with sufficient copies of a Complaint to serve each Defendant.

CRITICAL

Applies to

Cognovit judgment complaint

A cognovit judgment complaint must attach a true copy of the original note, including all endorsements, marked as an exhibit.

On all complaints for cognovit judgment, a true copy of the original note with all its endorsements shall be attached and marked as an exhibit.

CRITICAL

Applies to

Receiver inventory

A receiver must file an inventory of property within 30 days after appointment unless the Court extends the time.

D. All receivers must file an inventory of the property coming into their hands as such receivers within thirty (30) days after appointment unless the time is extended by the Court.

CRITICAL

Applies to

Mediator report

At the conclusion of mediation, the mediator must inform the Court of the mediation’s status, settlement outcome, attendance, and any future sessions with their date and time.

At the conclusion of the mediation (and in compliance with R.C. 2710.06), the mediator shall inform the Court about the status of the mediation, including all of the following: whether the mediation occurred or was terminated; whether the parties reached a settlement on some, all, or none of the issues; attendance of the parties; and any future mediation session(s), including the date and time.

CRITICAL

Applies to

Final entry

Every final entry must state precisely each party’s responsibility for paying costs.

B. All final entries shall state exactly each party’s responsibility for payment of costs.

CRITICAL

Applies to

Fax filing

Each fax filing must include a cover sheet identifying the sender and telephone number, case number, filing party, filing title, and total pages.

A Filer shall submit with any fax filing a cover sheet that, at a minimum, identifies the sender’s name and telephone number, the case number, the party filing the document, the title of the filing, and the total pages of the filing.

CRITICAL

Applies to

Filing adding new party

Must include

caption

A filing that adds a party must include each newly added party’s name and address in the caption.

If a Filing adds a new party, the caption for that Filing shall also include the name and address of each newly added party.

WARNING

Applies to

Jury questionnaire

Each prospective juror must complete and return the questionnaire included with the jury-service notice to the Court.

G. The Court will prepare and deliver notices summoning prospective jurors for jury service and said notices shall contain questionnaires each prospective juror shall complete and return to the Court.

WARNING

Applies to

Filing

A filer requesting mailed return of time-stamped copies must provide a sufficiently postage-paid, self-addressed envelope.

If a Filer wants the Clerk to return any time-stamped copy or copies back to the Filer by mail, the Filer must also provide a self-addressed, postage prepaid envelope with sufficient postage.

WARNING

Applies to

Application

The application includes the applicant’s statement that granting it would not disrupt or impair a fair proceeding.

Applicant states that the granting of this application would not result in the distraction of participants, impair the dignity of the proceedings, or otherwise materially interfere with the achievement of a fair trial or hearing.

WARNING

Applies to

Filing

The Clerk will not return copies or mail documents unless the filer meets the copy and envelope requirements, and the filer is responsible for monitoring requested returns.

The Clerk will not make copies to return to the Filer or mail documents to a Filer unless the Filer complies with this Rule (submits sufficient copies and provides a self-addressed, postage prepaid envelope with sufficient postage). A Filer bears the sole responsibility for monitoring the return of any requested time-stamped copies back to the Filer.

WARNING

Applies to

Fax filed document

The person filing by fax should not mail or otherwise deliver the same document to the Clerk a second time, but the Filer shall maintain the original signed copy of the fax-filed document in the Filer’s records.

The person filing by fax should not mail or otherwise deliver the same document to the Clerk a second time, but the Filer shall maintain the original signed copy of the fax-filed document in the Filer’s records.

WARNING

Applies to

Application

An applicant may not film, record, or photograph a victim or witness who objects.

Applicant agrees not to film, videotape, record, or take photographs of any victim or witness who objects to being filmed, videotaped, recorded or photographed.

WARNING

Applies to

Motion or brief

When the cited decision is one covered by the preceding text, the party must attach a copy to its motion or brief.

(https://www.supremecourt.ohio.gov/Rod/docs/Default.aspx), the party shall attach a copy of the decision to its motion, response, reply, or other brief.

WARNING

Applies to

Media coverage application

Media coverage applications must contain all information listed in Appendix B.

Applications shall contain all of the information found in APPENDIX B.

WARNING

Applies to

Separate form

When necessary, filers must provide omitted or redacted personal information to the Court on a separate form, but need not do so if they do not anticipate the Court will need it; the Court may later order complete information.

C. If a filing has any omitted or redacted personal identifying information, the Filer, if necessary, shall provide to the Court on a separate form the information that the Filer omitted or redacted. A Filer need not supply the information on a separate form if the Filer does not anticipate the Court will require the full information for any substantive reason. However, the Court may order a Filer to provide complete information if the Court later determines it needs that information for any reason.

WARNING

Applies to

Motion

Must include

proposed order

RULE 113: A PROPOSED ENTRY SHOULD ACCOMPANY ANY MOTION

RULE 113: A PROPOSED ENTRY SHOULD ACCOMPANY ANY MOTION

WARNING

Applies to

Filing

A filer requesting returned time-stamped copies must submit enough additional copies for the Clerk to return them.

If a Filer wants the Clerk to return one or more a time-stamped copies of any filing, the Filer (in addition to the number of copies detailed above) shall submit sufficient additional copies for return of any desired time-stamped copy or copies.

WARNING

Applies to

Application

An applicant may not videotape, record, or photograph any juror.

Applicant agrees not to videotape, record, or photograph any juror.

WARNING

Applies to

Discovery materials

The listed discovery materials may be filed only if the Court orders it, they are submitted as evidence, or they support a pending motion.

Pursuant to Rule 5(D) of the Ohio Rules of Civil Procedure, the clerk will not accept any of the following for filing: depositions upon oral examination, interrogatories, requests for documents, requests for admissions and answers, or responses thereto, unless (1) the court otherwise orders, (2) the Filer submits them as evidence, or (3) the Filer has attached them as support to a pending motion.

WARNING

Applies to

Cognovit note

A cognovit note on which judgment is entered must be delivered to the Clerk and retained until final disposition, unless the Court orders otherwise.

Cognovit notes upon which judgment are taken shall be delivered to the Clerk and remain in his or her possession after judgment until final disposition of the case, after which time he or she may dispose of the original note, unless, by special order of the Court, he or she is directed otherwise.

WARNING

Applies to

Motion

Unless instructed otherwise in advance, a party filing a motion should generally submit the proposed entry it wants the Judge to sign with the motion.

A. Unless otherwise instructed by the Court in advance, any party filing a Motion with the Court should generally submit, along with the motion, a proposed entry that the party wishes the Judge to sign.

WARNING

Applies to

Document

The Clerk may refuse unsigned or improperly signed documents, and the Court may strike them and refuse to consider them.

The Clerk may refuse to accept for filing any unsigned or improperly signed document, and the Court may strike from the record and refuse to consider any unsigned or improperly signed document.

INFO

Applies to

Settlement notice

If the parties settle through mediation, the mediator should provide written notice to the Court.

If the parties settle the matter by mediation, the mediator should provide written notice to the Court.

INFO

The victim-initials rule applies in all criminal cases and in other cases when the matter involves a victim.

B. This Rule shall apply in all criminal cases. This Rule shall also apply to filings in other types of cases to the extent the matter involves a Victim (as defined herein).

INFO

Applies to

Original filing

A filer submitting an original filing electronically may sign it using “/s/” followed by the filer’s name.

A Filer submitting an Original Filing via electronic filing may also sign the Original Filing by using “/s/” followed by the name of the Filer.

INFO

Applies to

Alternate proposed judgment entry

An attorney other than the preparing attorney may submit an alternate proposed entry.

Any other attorney may submit an alternate proposed entry.