Meigs County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Consent to plead

Counsel's agreement to an extension must be documented in a consent to plead signed by all counsel and filed with the Clerk of Courts.

Such consent shall be evidenced by a consent to plead signed by all counsel and tiled with the Cl erk of Courts.

CRITICAL

Applies to

Judgment

The Clerk of Courts must not file judgments that do not comply with Ohio Civil Rule 58.

The Clerk of Courts shal l not file Judgments not in .cc,mol ian,:e w ith F.:ule 58 of •the Oh,ic, RLtl e·s ·.. of CivH:· Prc,cedure.

CRITICAL

Applies to

Judgment entry

The party requesting a judgment entry must present a Clerk's certificate of payment of costs before the entry is signed and filed, and attach the certificate of payment or security for costs before submitting the entry for signature.

A certificate of oavment of costs from the Clerk of Courts shall be presented bv the oartv reouesting a Judgment entry Prior to the sioninp and tilina of the Judgment entry by the trial court. Said certificate of oavment or security for costs shall be attached to the judgment entry prior to submission to the trial Judpe tor sionature.

CRITICAL

An attorney seeking to withdraw must file a motion and show good cause.

A n attorney mav withdraw from a case only up,:,n motion. served uoon all oarties of record • and t ,:,r qc11:,a ,:ause s hc,wn.

CRITICAL

Applies to

Child support decree or order

Before filing, present the original and sufficient copies of a decree or order containing child-support payment provisions to the assignment commissioner, accompanied by the same number of copies of the applicable Revised Code Section 3113.21 orders.

T n e o rio in al an d su f ficien t coc ies t or t he J udg e� all oar t i es. c ou ns el o f rec o r d a nd t h e MCS�A of any d ec ree or ot her or der c on ta i n i n 9 s uo □or t p a v men t s p rov i s i o ns s hall be □ resen t ed t o t h e ass ia n men� c ommiss i o ns r ori o r t o t i ling . an d sh all be acco moan1 ed b y t he same n umb er of co□ies of t h e a oorooriat e Rev i sed Cod e S ect ion 3113 . 2 1 o rd ers

CRITICAL

Applies to

Civil classification form

In all civil cases, the Plaintiff must prepare and submit the Civil Classification Form and file it with the complaint.

Now comes the Court and ORDERS that "Civil Cla;Ssification Form,,, attached, shall be prepared and submitted by Plaintiff and filed with the complaint in all civil cases.

CRITICAL

Applies to

Child custody information affidavit

The child-custody information affidavit is presented as a statement made under oath and pursuant to O.R.C. 3109.27.

being duly sworn and cautioned as provided by law , state s as follows pursuant to O . R . C . 3 1 0 9 . 2 7 relevant to the custody of the minor child ( ren ) in this action to-wit :

CRITICAL

Applies to

Final entry or decree

All final entries or decrees must address use of each other's credit, support alimony, the tax statement, and payment of action costs.

A. A l l f i n al en t r ies or o ec r ees sh al l con t ain t h e fol l owin o pr ovision s: 1. n on - us e o f eac n oth er ' s cr eo 1 t 2. whether or n ot supb or t al i mon y wil l be p aid 3. t ax statemen t per In tern al R ev en ue Code 6 1 ( S ee Vol u me 57 , No. 49 . Oh i o Bar Reo orts, 12-17 - 84. " M a.j ,::,r Chano es in D c,m esti•= REl ati•::ins T ax ati on Un der the T ax Reform A ct of 1 984 " , W alt er W . Reck l ess and Pr of. M i chael D . R ase. ) 4. b v wh om an d when t h e costs of t he ac ti on sh al l be pai d

CRITICAL

Applies to

Media permission request

Requests for permission to record or photograph a courtroom session must be submitted to the judge in writing as far in advance as reasonably practical, and no later than 24 hours beforehand unless the judge permits otherwise.

28 . (_l 1 Requests t or per mission t o b r oadcas� . t e levise, r- e,: ,:,r d ,:,r D h ot o□raph in t he co ur t room shall be 1 n writ in a t o t h e J L1do e as t ar i n ad van ce as re asonably p rac � i cal, but in n o even t l at er t h an t wen t v-fo ur (24 ) h o ur s o rior t o the ,: ,:,urtrc,,:,m session i n volved, un less ot her w is e p er mi t t ed by t he j ud � e.

CRITICAL

Applies to

Dissolution or divorce filing

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 cus t,:,d y c,f the FORM 24 . 02 C-2 must be f i 1 ed. ( C,::i oy c, f FOF.:M c hi ldr en i s WORKSHEET 2 4 . 02 C-1 and 24.02 C-2 are appended to these rule s. )

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 cus t,:,d y c,f the FORM 24 . 02 C-2 must be f i 1 ed. ( C,::i oy c, f FOF.:M c hi ldr en i s WORKSHEET 2 4 . 02 C-1 and 24.02 C-2 are appended to these rule s. )

CRITICAL

Applies to

Pre trial statement

The pretrial statement must identify trial witnesses and their addresses, identify expert witnesses, and designate their fields of expertise.

A s tate me nt inc lud inq t he names and w hc wil l tes tif v as e x oert witness and their add r esses of w itnesses to be used at t r ial. Those f i e ld s of e x o er tise s hall b e d es ig n ate d .

CRITICAL

Applies to

Answer

The original Answer must be filed with the court.

You must also file the original with the court.

CRITICAL

Applies to

Ex parte restraining order

A proposed ex parte restraining order must also restrain the moving party from the same actions, making the order mutual in effect.

The par ty p re sen ting an e x parte restraining or der foi the Cour t' s aoo rova l shall i nclude lanauaa e res traini na th e mov i na par t y f rom th e s ame ac t ions f r� m- w hich the m�vi ng o a.rtv see ks r elie f ; t h at is , res training ,:,rders shal l be mLft' ual i n e t.-fe;;: t ; · :,•. ,

CRITICAL

Applies to

Judgment

Counsel who prepare and submit judgments must cause the Clerk of Courts to comply with Ohio Civil Rule 58, as amended July 1, 1989.

The Clerk of Courts is ordered to compl y with Rule 58 of the Ohio Rul es of C ivil Procedure as amended 07-01-89. Counsel who preoare and suom it Judoments to the Court shal l cause the Cl erk to so comply.

CRITICAL

Applies to

Motion for ex parte temporary relief

An application for ex parte temporary relief under Ohio Civil Rule 75 is supported by a motion, a sworn affidavit, and an appropriate basis.

U p on motion, sw orn affidavit . and ac p rooria te bas is o ursuant to Oh io Civil R ule 75, tempora r y r- estrainin g A) child or soousal support, or d e rs a s to person a nd/ or di s positi on of proper ty , temporary r el ief may be gr- anted ex parte. te moorary c u stody , or ot he r

CRITICAL

The caption of the first pleading in which or after which a new party is added must state the new party's name and address and identify the party as a new plaintiff or new defendant.

When a new party plaint iff or defendant is added t o a case after the commencement t hereof, the caotioned of the first pleading in which or after which such new part y is added shall contain the name of such new oartyi together wit h his, her or it s address followed by t he specific desionat ion ,:,f "new part y plaint iff" ol" "new payt y defendant" as is applicable.

CRITICAL

Applies to

Affidavit child custody information form

In domestic actions involving custody or visitation, both parties must file the specified affidavit form complying with Ohio Revised Code section 3109.27.

E. In al l domest ic acti ons i nvol v i ng custody or v is i t ation both parti es shal l f i l e an AFFIDAVIT CHILD CUSTODY INFORMATION FORM 24.02 E ( REVISED 07-23-9 1 ) ( Copy o f this form i s appended th i s th is order) compl y in g w ith ORC Sect ion 3109.27

CRITICAL

Applies to

Specified initial pleadings

An Affidavit of Income and Expenses, Form 24.02 A-1, must accompany a dissolution petition, divorce action, alimony-only petition, or an answer or counterclaim to one of those filings.

An - AFF., I DAV I T O F I NCOME AND EXPENSES ,,FORM 24 .. 0 2 A - 1 -, .. .. , shal l ac comp a ny the f iling o f a d issol ution p etition, a ction for d ivorce , a li mony only pe tition, or the f i l ing of a n answer or counter-cla im to the a f ore me ntione d

CRITICAL

Applies to

Dissolution or divorce filing

A child support worksheet must accompany dissolution and divorce filings involving minor or dependent children.

C . ('¼ ,:h i1 d suopc,rt w,:,rk sh eet sh all a,: comp any t h e f i lin□ o f a ll dis sol � tions and d i vor ce a ctions i nvolv ing 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.

CRITICAL

Applies to

Request for excuse or deferral

Requests for excuses and deferrals must be written or otherwise made or recorded.

D.) Requests for excuses and deferrals and their depositions shall be written or otherwise made or recorded.

CRITICAL

Applies to

Complaint

The plaintiff’s attorney must state in the complaint whether the defendant is represented by counsel and name that counsel if known.

Plaintif f ' s attor ney sh al l al l eg e in the com pl aint whet he r or not Defen dant i s reoresen t e d by coun s el and shal l name Defen dan t 's c oun s el � if known.

CRITICAL

Applies to

Pretrial statement

The parties must submit Form 24.04 pretrial statements containing settlement and issue information, stipulations, trial exhibits, specified financial documents, and witness and expert information.

8) A t the confer ence, pre-t rial s tat ement s ( FORM 24 . 04 ) s hal l be sub mitted, con t.aining t he f ol l ow in g inf c,r mat 1 on: neg otiatio n s : 1. Status of s ettl e ment S t atement o f iss ue s invol ved; M att er s st iou l ated: 4. Ex hib its t o be used at trial ( copies t o be suppl ied to the Court an d oppos in g counse l ) ; 5. F inancial documentat ion - at a m inim um, inclu de Fede r al I ncome Tax R et urn for pr ior y ear p lu s at tachme nt s, paycheck stubs f r om pr e vious six m,::inth s ; mon t hs , an d b ank statemen ts f o r previous six 6 . - Names and addr e s s es �f �it nesses - �o be call ed at tr ial ( sep arate e x pe rt fr om l ay witnesses and specify expert ' s f i e ld of ex oertis e :i

CRITICAL

Applies to

Pre trial statement

The pretrial statement must state any facts stipulated by the parties.

A s tateme nt any fac ts s tipul ated b y the p ar ti es.

CRITICAL

Applies to

Petition for certificate of qualification for employment

To request a CQE, the petitioner must complete the DRC online petition process before filing the petition with the clerk in the county where the petitioner resides.

I n order to request a CQE, the Petitioner shall file the Petition for Certificate of Qualification for Employment (R.C. 2953.25) [Form A] with the Clerk of Courts for the Common Pleas Court where the Petitioner resides, after com pleting the petition process online through the DRC (www.d rccqe.com).

CRITICAL

Applies to

Written report

In criminal matters, the Prosecuting Attorney must calculate the maximum trial time limits and report them in writing to the Court at arraignment or initial appearance.

The Prosecuting Attorney is Ordered, in all criminal matters, to calculate and compute the maximum time limits for trial of such matters, as required by Revised Code r --' , Section 2945 .71, and report the same, in writing, to the Court at the time of arraignment or initial appearance upon the Indictment or Complaint.

CRITICAL

Applies to

Support order

All support orders must be accompanied by orders securing payment according to the stated hierarchy.

all be ac c omo an ied bv or ders sec ur ino o avmen t , as se t f ort h bel ow. in the f o l l owin a h ie rar c hy o f or d er s

CRITICAL

Applies to

Jury instructions

Written requests for jury interrogatories must be submitted when applicable.

submi t wr itte n r e ques t for inte rr og ator i es to th e .j ury . 1 f acp li c abl e .

CRITICAL

Applies to

Court order

If the withholding amount is to be changed after submission to the Office of Child Support Enforcement, the CSEA must obtain a new court order.

If, after submitting the case to the Office of Child Support Enforcement, the amount of the withholding is to be changed, the CSEA shall obtain a new court order.

CRITICAL

Applies to

Temporary order

Every temporary order must identify which provisions take effect immediately and which take effect 14 days after service.

All t emoorary 0rd ers s hal l s pecif y which provision s tak e imme diate e f fect an d wn ich take ef f ect f ourt een ( 1 4) davs aft er s e rvice.

CRITICAL

Applies to

Child custody information affidavit

The affidavit asks for information about pending custody proceedings and requires the case number, court name, and court address.

3 . State any information you have about any custody proceeding concerning the child ( ren ) pending in a court of this or any other stat e . Include the case numbe r , the name of the court and the addres s of the court .

CRITICAL

Applies to

Court order or agreed entry

When withholding is based on a voluntary agreement established before April 11, 1991, and there is no court order, the CSEA must pursue establishing a court order or agreed entry.

If there is no court order but a voluntary agreement (due to being established before April 1 1 , 1991), the CSEA shall pursue establishing a court order or an agreed entry.

CRITICAL

Applies to

Pre trial statement

The pretrial statement must state whether a view of the premises will be requested and, if so, identify the location.

State w he th e r a vi ew of the pr e mises w i ll be r- eoLte s ted and . i f so. the 1 o,: at i ,:,n .

CRITICAL

Applies to

Post decree motion

A post-decree motion involving support must be accompanied by an Affidavit of Income and Expenses, Form 24.02 B.

The mcivant sr1 al 1 t i l e a AFFI DAV IT OF INCOME AND EXPENSES ( FORM w i t h any pos t-decr ee mot ion B. 24.02 B ) invol vino support.

CRITICAL

Applies to

Salary decree or ancillary order

The assignment commissioner must present salary decrees and ancillary orders to the Judge for signature and cause them to be filed with the Clerk.

The assio n m en t c ommis s i on er sn all caus e sa 1 a o ecr ees a n d a nc i ll ar v or d ers t o b e p resen t ed t o t he Ju□oe f or s i� nat ur e, a nd s ha ll c ause sa i o o rder s t o be filed wit h t h e Cl er k.

CRITICAL

Applies to

Security incident report

A written report of security incidents must be submitted annually to the Supreme Court of Ohio.

A written report of such incidents shall be made annually to the Supreme Court of Ohio.

CRITICAL

Applies to

Extension motion

A motion and affidavit are required for an extension beyond the rule's allowance even if counsel consent.

A motion and affid av i t w i ll be required even though consent of �ounsel is obtained i f the extension is for a period of time beyond that permitted by th is rule.

CRITICAL

Applies to

Child support order

If a child support order deviates from the guidelines, the Court must include a finding of fact explaining the deviation.

If t h e order dev i a t es f rom t he gui d el i n es . t h e Cour t s ha ll i n clude a fi nd i n q of f act t o ex p la i n t h � d ev i at io n .

CRITICAL

Each party's initial pleading, motion, or application must include the attorney or law firm's name, office address, and telephone number, if represented, or similar information for the filing party.

Each initial pleading, motion or aoolicat ion filed by the part y shall bear t he name. office address and t eleohone number of t he attorney or law firm represent ing that party if any, or similar information of the oartv filinq t he same.

WARNING

Applies to

First pleading or appearance

At the first opportunity, counsel for a defendant must ensure they are listed as attorney of record, either by having the Clerk note the appearance or by showing the appearance on the first pleading.

At the first ooportunity, each counsel for a defendant shall see that he/she is properly l i sted as at'tor-nev of · recorc:1 · tor such ·•cfefehdant·, t·c, ·tJ-e·' entitled" ·t•=-· received not i c e of oroceec:11nps as herein provided. This may be done bv,hav1no the Clerk of Courts note the attorn ev's name uoon the aocearance docket or bv some snow1no on the f i rst oleadino tnat he/she is attorney cf record.

WARNING

Applies to

Affidavit of inability to prepay court costs

The affidavit asks applicants to describe any pending workers’ compensation, personal injury, or other suit.

Do you have a suit pending for worker ' s comp . , personal inj ury, or other? I f s o , describe

WARNING

Applies to

Address update letter

Keep the Court and opposing party updated with your current address and, if applicable, phone number; if answer information changes, send the Clerk a letter with the new information, case number, parties' names, and prior address.

You must keep the Court and the other side up-to-date on what your current address is and what your telephone number is, if you have a phone number. This is so that the Court and the other side can continue to communicate with you. If you move, they will not look for you. If any of the information you gave the Court in your answer changes, send another letter with the new information to the Clerk with the case number and parties' names; make sure you include what was your address.

WARNING

Applies to

Amended pleading or motion

Filing an amended pleading or motion does not permit withdrawal of the original or any prior amendment from the files.

Uoon the filing of an amended pleading or motion� the original, or any prior amendment thereof, shall not be withdrawn from the files.

WARNING

Applies to

Answer

If unsure whether an allegation is true, you should say you do not know and should not guess or assume it is true.

If you are not sure whether something is true, you should write that you do not know. Do not guess, and do not assume that the person suing you must be right. It is better to say you do not know whether something is true than to agree with something you are not sure about

WARNING

Applies to

Oral argument request

When the filing time expires, the appeal is submitted on the briefs unless oral argument is requested in writing and granted by the assigned judge.

Ucon the e x pir at i on of suc h time as ext end �d . the case will b e cons i d er ed as subm i tt ed on the brie fs unl ess oral ar □uments i s r equest ed in wr iting and oranted bv suc n Judq e.

WARNING

Applies to

Juror questionnaire

C.) The juror questionnaire should be written and organized so as to facilitate quick and accurate screening and should only request that information necessary and essential for: 1.) Determining whether a person meets the criteria for eligibility; 2.) Providing a basic background information onlinarily sought for voir dire examination; and 3.) Efficiently managing the jury system.

C.) The juror questionnaire should be written and organized so as to facilitate quick and accurate screening and should only request that information necessary and essential for: 1.) Determining whether a person meets the criteria for eligibility; 2.) Providing a basic background information onlinarily sought for voir dire examination; and 3.) Efficiently managing the jury system.

WARNING

Applies to

Affidavit of inability to prepay court costs

The affidavit asks applicants to identify whether they own the listed assets and, if so, provide an approximate sale value.

Do you own any of the following s ( If yes , give approximate sale value )

WARNING

Applies to

Consent to plead

When a proper consent to plead has been obtained, the forms and entries are not to be submitted to the Clerk of Courts for approval.

Neither these forms nor entries shall be submitted to the Clerk of Courts for aooroval where a consent to clead is prooer and is c ,bta i ned.

WARNING

Applies to

Journal entry

If adverse counsel does not act within the specified time, the entry's preparer may submit it to the Court for approval with a notation stating when it was presented to adverse counsel.

Ucon failure of the adverse oarty to act uoon the entrv in the soecified time. its oreoarer mav submit said entrv to the Court for aooroval with a notation as to when it was oresented to th� adv erse oartv.

WARNING

Applies to

Affidavit of inability to prepay court costs

The affidavit includes a declaration under penalty of perjury that its facts are true to the affiant’s knowledge and belief.

Under penalty of perj ury , I dec lare I have examined this affidavit and the facts contained herein are true to the best of my knowledge and belief .

WARNING

Applies to

Fax transmitted document

The Clerk is not required to file fax-transmitted documents that are unsigned.

(D) The Clerk of Courts is not req u i red to file a ny u nsigned fax tra nsmitted docu ments.