Meigs County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Guilty plea

An accused must tender a guilty plea to the court before entering the diversion program.

Pursuant to the Meigs County Diversion Program, an accused must tender a Guilty Plea to the Court prior to the accused's entrance into the Diversion Program.

CRITICAL

Applies to

Domestic action

Both parties in a domestic action involving custody or visitation must file Affidavit Form 24.02 E.

E. I n al l dome stic act io ns inv o lvi n g cus toa v or visita tic,n b ,:,t t", oarties s hall f ile a AFF I DAV I T FORM 24. 02 E

CRITICAL

Applies to

Child custody information affidavit

The affidavit asks whether the affiant participated in any other litigation concerning the child’s custody in this or another state.

2 . Have you participated as a party , witne s s , or in any other capacity in any other litigation concerning the custody of the child ( re n ) in this or any other state?

CRITICAL

Applies to

Affidavit of inability to prepay court costs

To address inability to prepay court costs, present the prescribed affidavit with a proposed entry to the domestic relations assignment commissioner.

Present an AFFIDAVIT OF INABILITY TO PREPAY COURT COSTS [ ( FORM 2 4 . 0 1 F-1 ) ( REVISED 12 - 9 3 ) ] along with an proposed entry to the domestic relations assignment commissioner.

CRITICAL

Applies to

Written waiver

An accused entering the diversion program must provide a written waiver of the listed rights, contingent on successful completion, except for proceedings that have already occurred.

I . Waive in writing and contingent upon the accused's successful completion of the program, the accused's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the accused, and arraignment, unless the hearing, indictment, or arraignment has already occurred;

CRITICAL

Applies to

Written supervision fee agreement

An accused entering the diversion program must agree in writing to pay any reasonable supervision fee set by the prosecuting attorney.

3 . Agree, in writing, to pay any reasonable fee for supervision services established by the prosecuting attorney.

CRITICAL

Applies to

Extension motion

An extension motion must be written, supported by an affidavit, and state facts showing practical impossibility and good cause.

the party desiring the extension shall file a written motion, .supported by an affidavit, stating facts indicating the practi cal impossibility of pleading within rule and demonstrating good cause for further extensions.

CRITICAL

Applies to

Discovery requests and responses

The responding party must file the interrogatories and requests with the Court together with the responses and objections.

The party responding s hall f i''l: e · ·with t he ·court· su,:h i'rit•errogatories ·· 'and reques t, together with his responses and objections.

CRITICAL

Applies to

Title certificate

In specified real-property actions other than those involving registered lands, the plaintiff’s attorney must file a certificate with the complaint showing the title condition for the preceding 21 years through the proceedings just before the sale order.

In actions to a uiet title. partiti on and f or the marshalin□ and f oreclosure of l iens on real o rooertv . ex cept tho se in volvino req istered land s. the atto rney f or the olain tif f ( s) shal l fi le with the C lerk of G�urt and dir ected to the Court. at the ti me of f il i n o the complain t. a c ertif ic ate as to the condition of the title f or a oeriod of twent y-one ( 2 1 ) y ears of said rea l p roperty up to an d incl udin□ the oroceedina s J ust o ri or to the time of the o rder of sal e.

CRITICAL

Applies to

Certificate of attendance

A copy of each participant’s Certificate of Attendance must be filed in every case where class attendance is required.

A Certificate of Attendance will be issued to each participant and a copy of the same shall be filed in each case that attendance is required.

CRITICAL

Applies to

Motion

Disputed portions of the documents must be filed with the Court at the same time as a motion under Civil Rule 26(C) or Civil Rule 37.

Portion(s) of such documents which are in disoute shall be filed witr, the C,:,urt ,:c,ntemo,:,r ane,:,usly with any m,::,ti ,:,n filed under Civil Rule 26CC) or Civil Rule 37.

CRITICAL

Applies to

Petition for certificate of qualification for employment

Every petition must include electronic access to the DRC CQE Summary.

All Petitions sha l l include electronic access to the Department of Rehabilitation and Corrections.CQE Summary (CQE Summary).

CRITICAL

Applies to

Notice of personal identifiers

The plaintiff must prepare and file the attached Notice of Personal Identifiers with the complaint in every domestic relations case.

Now comes the Court and hereby ORDERS that "NOTICE - Personal Identifiers" (attached as Exhibit A) shall be prepared, submitted and filed with the complaint by Plaintiff in all domestic relations cases.

CRITICAL

Applies to

Motion for ex parte relief

Other ex parte relief is not routinely granted, and a motion seeking it must include affidavits showing specific supporting facts.

O ther ex­ s uc h reli e f must be su ppor- ted by af f idavits show i ng spe ci f ic parte r e lie f wil l n ot be routinely g ra n ted, and motions f or f ac ts suo o ortina th e req ue s t f or ex parte relie f

CRITICAL

Applies to

Journal entry

If counsel cannot agree on the journal entry, each side's proposed entry must be submitted to the trial judge, who will direct what entry is to be made.

If counsel are unable to agree uoon the entry� their resoective entries shall be submitted to the trial Judoe who will then direct what entrv shall be made.

CRITICAL

Applies to

Child custody information affidavit

The child-custody information affidavit asks for the child’s residences during the last five years and the names and present addresses of the people with whom the child lived.

1 . Beginning with the child ( ren ) ' s pres ent addres s , state the places where the child ( ren ) lived within the last f ive years , and the names and present addresses of the persons with whom the child ( ren } l ived during that period .

CRITICAL

Applies to

Child support computation worksheet

If relevant, attach the specified child-support computation worksheet for each child, and ensure the forms are signed and sworn.

8. If r elev an t , sup g ested chi l d su pp,: ,r t level - at tach FORM 24 . 02 E- 1 or FOF�r·1 24 .02 E-2 ( ch i ld s uppor t comp u tati on wor k sheet) p er ,: h i ld su ppor t auideli n es . T hese for ms mu st be s i � n ed a nd swc,r n .

CRITICAL

Applies to

Judgment entry

A party requesting a judgment entry must present and attach the Clerk’s certificate of payment or security for costs before submitting the entry to the judge for signature.

Additionally, Local Rule 3.07 requires that a Certificate of payment of costs from 1he Clerk of Court shall be .presented by 1he party requesting a judgment entry prior to signing and filing of 1he judgment entry by the trial court. Said certificate of payment or security for costs shall be attached to the judgment entcy prior to submission to the trial Judge for signature.

CRITICAL

Applies to

Jury instructions

Written requests for instructions of law must include citations of authorities.

Submi t wr itten r ea ues ts for i ns t r uc tions of law to inc lud e c itati ons of aut hor it ies:

CRITICAL

Applies to

Pre trial statement

The pretrial statement must include an estimate of how long the trial will take.

fnc 1 Ltd e an esti mate o f h,:,w lc•no it •,Jil1 t ak e t ,::, tr y t ne case .

CRITICAL

Applies to

Dissolution divorce alimony or post decree filing

When minor or dependent children are involved, the specified dissolution, divorce, alimony, and post-decree filings must state each party’s Social Security number and date of birth in the case caption.

D. W he n the re are minor or dependant chi ld r en involved. e ver y diss olut ion pet ition. complaint f or divorce or a limo ny on ly. or o ost-de c r- ee motion or p leading shal l s t ate each p arty ' s soci al s e cur ity number and date o f b irth i n the c ase caotion.

CRITICAL

Applies to

Dissolution or divorce filing

I f s,::, le cus tc,dy is r- eq uested� CH I LD SUPPORT min,:ir or dependant children. includin9 t h ,::,se re q uesti ng J ,: , i nt cust c,dy. spli t between the partie s, CH I LD SUPPORT WORKSHEET FORM 24 . 02 C- 1 m1-.1 st be f O ed.

I f s,::, le cus tc,dy is r- eq uested� CH I LD SUPPORT min,:ir or dependant children. includin9 t h ,::,se re q uesti ng J ,: , i nt cust c,dy. spli t between the partie s, CH I LD SUPPORT WORKSHEET FORM 24 . 02 C- 1 m1-.1 st be f O ed.

CRITICAL

Applies to

Title iv d services application

For covered child-support orders issued or modified on or after July 31, 1991, the obligee must sign the Title IV-D application or, if the applicant is an ADC recipient, an IV-D collection agreement when the order is issued or modified; the application must use the prescribed form.

F. I n al l c ases , ON OR AFTER J\.L Y 3 1 , 1 9 9 1, wher e the C-<XJ i ssues or llllt!Od i f i es a suppor t or d er i t i s r equ i r ed t hat t obl i gee w,der said or der sha l l s i gn , at t he t i ne o f t he issuar, or mod i f i c at i on o f t he or der , an app l i c at i on for T i t l e I \ ser v i c es or an IV-D Col l ec t i on Ag r eetaent ( in t he event t app l i c an t is an AOC Rec i p ient > , and t o f i l e , as soon as possi b J the s i gned app l i c at i on w i t h t he Dl i l d Suppor t En for c e111ent Ager t hat wi l l ada i n i st er the or der . The Appl i c at i on shal l be on { f or a p r escr i bed by the Departaent of Huaan Ser v i c es

CRITICAL

Must include

caption

The caption at the top of the filing must state the Court, County, and State and each party's name and, if known, address.

The capt ion at t he t op. in addit ion t o statina t he name of the Court. Countv and Stat e. shall st at e the name and address, if !�nown. of ea,:h oart y.

CRITICAL

Applies to

Journal entry

Must include

judge name

The names of counsel and the trial judge must be typed or printed on the journal entry.

The name ,:,f the counsel and the trial .jL1da1:"! shall be tyoed o r orinted uoc� the entrv.

CRITICAL

Applies to

Motion

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

A ll motions s hall be accompanied by a brief or memorandum statino the grounds thereof and citina the authorities relied uoon.

CRITICAL

Applies to

Pretrial statement

If support or alimony is requested, the pre-trial statement should address the payee’s needs and the payor’s ability to meet the requests.

10 . If suo c or t ali mo n y i s r eoues ted , n eed s of p ayee and abi li t y of p ayor to meet r eq u es ts

CRITICAL

Applies to

Pre trial statement

In personal injury cases, the pretrial statement must attach copies of pertinent documents, such as medical reports and hospital records.

In per s onal in j ur y ,: ases, atta,: h c c,pi es of all p er tinent doc ument s s uch as medic al repor ts and hospital r ecor d s .

CRITICAL

Applies to

Supplemental report

When any party files a motion for continuance in a criminal matter, the Prosecuting Attorney must supplement prior reports and advise the Court in writing of the maximum trial limits then applicable.

Further, the Prosecuting Attorney i s Ordered, upon the filing of any Motion for Continuance by any party in a criminal matter, to supplement any previous reports and fully advise the Court, in writing, of the maximum trial limits, as applicable at that point in time.

CRITICAL

Applies to

Title iv d services application

A covered support order receives Title IV-D case status only when the signed application for Title IV-D services is filed.

A suppc order t hat i s issued or aod i f i ed on or a f t er Jul y 1 , 1'990, ti is adai n i st er ed by a c h i l d suppor t en f or ceMent agen c y , and ti is el i g i b l e for T i t l e I V-D ser v i c es shal l be a 1· i t l e 1\1-D ci under t he T i t l e I V-D of t he •Soc i al Secur i t y Ac t on l y upon 1 f il i ng of the s i gned appl i c at i on for T i t l e IV-D ser v i c es

CRITICAL

Applies to

Pretrial agreement

D) Any ag r eemen ts r eached at p r e-tr i al shall b e c ou n sel, t il ed w i th the Cour t and shall be b i n d i n g on all immed iately reduc ed to wr i ti n g . s i gn ed b v both oar ti es an d p ar ti es i n an� su� s e□ u ent heari n g s on th e cas e.

D) Any ag r eemen ts r eached at p r e-tr i al shall b e c ou n sel, t il ed w i th the Cour t and shall be b i n d i n g on all immed iately reduc ed to wr i ti n g . s i gn ed b v both oar ti es an d p ar ti es i n an� su� s e□ u ent heari n g s on th e cas e.

CRITICAL

Applies to

Answer

Must include

caption, judge name, case number

The Answer must include the court name, plaintiff’s name, defendant’s name, case number, and judge’s name.

You must include: 1 . Name of the Court 2. Name of person who sued you (Plaintiff) 3. Your name (Defendant) 4. Case Number and Name of Judge

CRITICAL

Applies to

Child custody information affidavit

The affidavit asks for the name and address of any nonparty with physical custody or who claims custody or visitation rights concerning the child.

4 . State the name and addre s s of any person not a party to the proceeding , who has physical cusc'.ldy of the child ( re n ) or who c laims to have custody or visitation rights with respect to the child ( ren ) .

CRITICAL

Pleadings filed after the complaint, including motions and applications, must state the cause number, the first plaintiff and first defendant on each side, and a general statement of the type of action.

Pleadinos filed subsequent to t he complaint , includino motions and aoolications. shall st ate the number of the cause. t he name ,:,f the first oarty plainti ff. ano the first party defendant on each side, and a.general statement as to t he t yoe of kind of action.

CRITICAL

Applies to

Final entry or decree

Final entries or decrees in cases involving minor or dependent children must include the listed identifying, arrears, and child-support provisions.

B. In addit i on to the above, al l c ases in vol v i ng minor or deoend en t ch ildr en shal l c o n tain the fol l ow i ng pr ovision s i n fin al en tries or dec rees: 1. each p ar ties soc ial s�c ur ity n umber an d d ate of D irtn i n th e case caoti on 2. a J udg men t for ar r ear aoes aue o n tem o or ar y sucpor t ,:,r der s 3. ai l chil d su ooor t or d e rs sh al l prov i d e: a. a so ecific amoun t p er chi ld, per week b. that p ay ments shal l be m ade thr ou9 h the Mei g s Ch ild Supp,:,r t En f,::,r ,: eme n t A a en c y C MCSEA ) . F'. O . B,:,x 191 , M i ddlep,: ,r t. Oh i c, 45760 c. that the p ayor shal l p ay poun dag e, the o reater of 2¼ of the support or der or $ 1 .00 per mon t h d. f or continued sup p o rt for chi l dren who ar e 18 years of ag e un til gr aduati on _ f rom h i gh sc h ool e. fc,r c ,:, n tin ued sLipp c,r t for disab l ed ch i l dren over 1 8 years of ag e

CRITICAL

Applies to

Written permission

The judge’s written permission must be made part of the proceedings record.

28 . 02 �r i t t en p er mission of t he j udge, as r e□ uired by Cod e o f Judi ci al Con d uct Can on 8 � (7 ) , sh all b e mad e a part of t h e r ecord o f t h e p r o c e edinos.

CRITICAL

Applies to

Pre trial statement

The pretrial statement must state that depositions, discovery procedures, and motions are complete and that the case is ready for trial.

A statement that all o eoos itions a nd all d is covery proc ed ure s and m otions h ave been c ompl e ted and the c as es is r ead y for t r i al.

CRITICAL

Applies to

Costs deposit waiver request

The waiver procedure requires the applicant's attorney to submit an affidavit stating that the attorney has received no attorney fees from the applicant and will receive none until court costs are paid in full.

2. Cause a oo licant's at torne y to pr ese nt a n a f f id av i t t ha t sa i d attoY nev has not rec eiv e d any fl.t nd s fr ,: ,m th e ao p l.ic a nt a s at tc::,rney f ee s , n,:,r will he rec eiv ed a nv funds f Y om t he a o oli cant unt il a f ter c ourt cos ts h ave b e e n paid in f ul l .

CRITICAL

Applies to

Judgment entry

The Clerk must not permit a judgment entry to be filed unless it has an attached certificate of payment or security for costs.

The Clerk is Ordered to follow Local Rule 3.07 and not permit the filing of any judgment entry which does not have attached to it a certificate of payment or security for costs.

CRITICAL

Applies to

Fax filing cover page

Must include

judge name, page count, case number

Every fax filing must include a cover page stating the court and case information, filing and transmission details, page count, and sender contact and registration information when applicable.

(A) The person filing a document by fax shall also provide therewith a cover page containing the fol lowing Information : 1 . The n a me of the Court; 2 . The title of the case; 3. The case n u m ber; 4. The assigned judge; 5. The title of the document being flied; (I.e. Defendant Jones' Answer to Amended Complaint) 6. The d ate of transmission; 7. The transmitting fax n u m ber; 8. The n u m ber of pages I ncluded in the tra nsmission, including the cover page; 9. The name, address, telephone number, fax n um ber a nd Supreme Court registration number, if applicable.

CRITICAL

Applies to

Temporary order

Every temporary order must contain the specified notice explaining that an objection may be made by motion and counter-affidavit filed within 14 days.

B) A ll t em oor ar v c,r de rs st, al l cont ain the fol l owi n a l an□ uaa e : " This c,rder is gran te d •-�p ,:,n apol icat 1 0n c, t ( o l aintif f or de t e nd an tJ suooorted bY af f id av it. OoJ ection a f f idavit fil ed wit h the c ourt within f ourt een C 14J days, to t he ord e r m ay be made b y a prooe r motion and counter ­ pursuant to Ohi o C i v il Rul e 75 M ( 2) .

CRITICAL

Applies to

Petition for certificate of qualification for employment

The CQE petition must include the DRC Electronic Petition Number and a copy of the completed electronic petition.

The Petitioner shall include the DRC Electronic Petition Number on the Petition for Certificate of Qualification for Employment, a nd shall attach a copy of the fully completed Electronic Petition.

CRITICAL

Counsel may withdraw only with court-ordered leave; after trial is set, leave is unlikely unless the client approves in writing and substitute counsel has appeared.

Leoal counsel mav not withdraw from a cas e without leave ordered by the court. After a case has been set f or trial. leave to withdraw is not likely to be pranted unless the 1:lient apor,:,ves the withdrawal, in writing, and s ubs titute counsel has by then appeared in the case.

CRITICAL

Applies to

Pretrial statement

When ordered, all parties must file a pre-trial statement by the date in the order; it must state the issues and expected legal questions, identify legal questions for the jury charge when applicable, and certify that expected exhibits were submitted to opposing counsel for stipulation.

Upon order of the Court, and not later than the date set in said order, a pre-trial statement shall be filed with the Court by all parties. All parties shall provide a copy of said statement to opposing parties' attorneys of record. Pre-trial statements shall contain the following information: a. A written statement of the issues involved. b. A written statement of questions of law which are expected to be involved, and a statement of those which should be included in the general charge of the Court in jury cases. c. A certificate that all exhibits expected to be offered into evidence have been submitted to opposing counsel for the purpose of stipulating thereto and avoiding formalities of proof.

CRITICAL

Applies to

Pre trial statement

The pretrial statement must include a certificate that expense and special-damage statements were submitted to opposing counsel with or before their proof.

A ,: er ti fi,:ate th at all s tat1.= men ts ,:i f e x o enses and s oec i al da ma□ es h a ve bee n s ub m itt e d to oopos 1 na counsel witn or ooer o r oo f th er eof f or the □ ur oose o t st 1 pul at inc th e r e to and avoia i n q for malit i es of o r oof.

CRITICAL

Applies to

Child custody information affidavit

The affidavit includes the affiant’s statement that they have not pleaded guilty to or been convicted of a child-abuse-or-neglect offense and that no court has determined they abused or neglected a child.

5 . I have never plead guilty to and I have never been convicted of any criminal offense which in any way involved abus e or neglect of a child . Moreover, no court has ever determined that I have abused or neglected a child in any other kind of court proceeding .

CRITICAL

Applies to

Sealed envelope

Must include

case number

The sealed envelope containing the notice must include the case style, case number, and the specified statement.

The sealed letterMsized envelope containing said Notice shall include the case style, case number and the following statement: Notice ofPersonal Identifiers sealed and only to be opened by the Court or Clerk's Office with permission ofthe Court.

CRITICAL

Applies to

Costs deposit waiver request

To request waiver of prepayment of the costs deposit, the party must present the affidavit of inability to prepay court costs with an attached financial statement to the domestic relations assignment commissioner.

1. Pr e s e nt an AFF I DAV I T OF I NAB I L I TY TO F I NANC I AL STATEMENT ) t c::, the d ,:, mestic Y ela ti,:,ns as siq nme nt c ommis sioner .

CRITICAL

Applies to

Complaint

A complaint must contain on its face a general statement of the type or kind of action.

Upon the face of the complaint t here shall aooear a qeneral statement as to the t voe or kind of act ion.

CRITICAL

Applies to

Motion to terminate

If the Prosecuting Attorney's Office determines that a program violation warrants termination, it must file a motion to terminate with the court.

If the Prosecuting Attorney' s Office detennines that a violation of the program occurs that is of such an extent to require tennination from the program, the Prosecuting Attorney' s Office shall file a Motion to Terminate with the Court.