Mercer County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Child support decree or agreed order

Decrees and agreed orders related to child support must contain a provision consistent with current Ohio law.

Decrees and agreed orders related to child support shall contain a provision in accordance with current Ohio law.

CRITICAL

Applies to

Transcribed deposition

A transcribed deposition must be presented for filing by its transcriber or sent to the Clerk by certified mail in an envelope bearing the required seal, case title, and deposition label.

The Clerk shall refuse to accept for filing any transcribed deposition unless the officer who transcribed the deposition presents it to the clerk for filing or sends it to the Clerk by certified mail for filing, securely sealed in an envelope endorsed with the title of the action and marked “Deposition of (here insert name of witness).” [Civ.R. 30(F)(1)]

CRITICAL

Applies to

Objections

A party wishing to support an objection with all or part of a transcript must state that in the objections and request an extension to supplement them.

If a party desires to support his objection with the transcript or parts thereof, such party shall so state in his objections and request an extension of time in which to supplement the objections.

CRITICAL

Applies to

Show cause motion

Every show-cause motion must be filed with an Order to Show Cause, submitted to the Clerk of Court when the motion is filed.

Every motion to show cause shall be filed with an “Order to Show Cause.” The same shall be submitted to the Clerk of Court with the filing of the motion.

CRITICAL

Applies to

Mailed filing

A party or attorney mailing a document to the Clerk for filing must include a sufficiently sized, self-addressed return envelope with proper postage.

Whenever a document is mailed to the Clerk for filing, the party or the attorney sending same shall provide a self-addressed return envelope of sufficient size with proper postage affixed.

CRITICAL

Must include

caption

Captions must state every party's name and address and briefly title the document; if information is unknown, the caption must say so in the appropriate place.

The case caption in all pleadings, petitions, motions, briefs and other papers filed shall state the name and address of all the parties, and shall include a brief title of its content. If any information is not known, there shall be a notation to that effect in the appropriate place on the caption.

CRITICAL

Applies to

Motion

Must include

proposed order

For an out-of-county incarcerated defendant, defense counsel must file a conveyance motion with a proposed entry at least one week before the proceeding.

If the defendant is incarcerated out-of-the-county, it is the responsibility of defense counsel to file a motion requesting the defendant be conveyed to Mercer County [CM 15] with a proposed entry at least one (1) week prior to that proceeding [CM 16].

CRITICAL

Applies to

Dissolution of marriage petition

Each party in a dissolution of marriage must file Affidavit 1 with the Clerk of Court when the petition is filed.

Dissolutions of Marriage: In petitions for dissolutions of marriage, an Affidavit of Income and Expenses [Affidavit 1] shall be filed with the Clerk of Court by each party at the time of filing the petition.

CRITICAL

Applies to

Request for payment

The Court will not approve counsel’s fee-payment request unless the acknowledgment has been filed and a copy is attached to the request.

The Court will not approve counsel’s request for payment of fees unless said acknowledgment has been filed and a copy attached to the request for payment.

CRITICAL

Applies to

Special process server appointment motion

Must include

proposed order

A party seeking personal service by a special process server must file a motion with a proposed appointment entry that identifies the server, confirms the server's age and disinterested status, and names who will pay.

If a party desires personal service to be made by a special process server pursuant to Civ.R. 4.1(B), that party or counsel must file with the Clerk of Court a motion so requesting with a proposed entry appointing a special process server. The motion shall include the following: 1. The name of the person to be appointed as process server; 2. That the person to be appointed as process server is eighteen (18) years of age or older; 3. That the person to be appointed as process server is not a party or counsel for a party in the action, and 4. The name of the party/counsel that is to pay the process server.

CRITICAL

Applies to

Decree and agreed order

Decrees and agreed orders must state the parties' full names and current addresses.

Decrees and agreed orders shall provide the following: A. Full names of parties; and B. Current addresses of parties.

CRITICAL

Applies to

Post decree parental rights modification motion

The listed materials for a post-decree motion to modify parental rights include the specified motion, affidavits, worksheet, and IV-D application; Affidavit 1 and the IV-D application are to be filed and docketed with the Clerk’s Office and kept in the Confidential Family File.

G. Post-decree motion requesting modification of parental rights: - Motion & Affidavit in Support (Uniform Domestic Relations Form 27) - Uniform Domestic Relations Form – Affidavit 1 – Affidavit of Income and Expenses – Filed and docketed with the Clerk’s Office and kept in the Confidential Family File - Uniform Domestic Relations Form – Affidavit 3 – Parenting Proceeding - Uniform Domestic Relations Form – Affidavit 4 – Health Insurance Affidavit - DR 3 (or DR 4) – Child Support Worksheet - DR 10 – IV-D Application – Filed and docketed with the Clerk’s Office and kept in the Confidential Family File.

CRITICAL

Applies to

Motion for protective order

A motion for protective order must specifically state its basis and clearly state on its face the discovery-response due date or scheduled deposition date.

The motion shall state, with specificity, the basis for the protective order and shall clearly state on its face the date on which a response to the discovery request is due or the date of a scheduled deposition.

CRITICAL

Applies to

Objections to magistrate decision

When objections follow an evidentiary hearing, counsel must file a Praecipe requesting a transcript unless, on application, the Court determines a transcript is unnecessary.

When objections to a Magistrate's Decision resulting from an evidentiary hearing are filed, counsel shall file a Praecipe requesting a transcript as required by Civ.R. 53(E)(3)(b), and Mercer Co. Loc.R. 2.08, or unless upon application, the Court determines that there is no need for a transcript.

CRITICAL

Applies to

Divorce legal separation or annulment complaint or motion

In divorce, legal separation, or annulment proceedings, complaints or motions must be accompanied by Affidavit 1 within 14 days of service of summons, or by the answer or counterclaim if it has not already been submitted.

Divorce, Legal Separation, or Annulment: All complaints or motions filed shall be accompanied by an Affidavit of Income and Expenses [Affidavit 1] within 14 days of service of summons or with any answer or counterclaim if one has not already been submitted.

CRITICAL

Applies to

Support modification hearing materials

At the hearing, the party seeking a support modification must provide documentation verifying current earnings and the most recent federal tax return with W-2s, 1099s, and supporting schedules.

The party seeking a modification shall provide at the hearing, documentation verifying his/her current earnings and his/her most recent federal tax return with W-2's, 1099's, supporting schedules.

CRITICAL

Applies to

Petition for Certificate of Qualification for Employment

Every CQE petition must include the Department of Rehabilitation and Corrections CQE Summary.

All Petitions shall be accompanied by the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).

CRITICAL

Applies to

Dissolution petition without children

In original filings or post decree filings the following documents shall also be filed as set forth below: C. Petition for Dissolution without children: - Petition (Uniform Domestic Relations Form 17) - Uniform Domestic Relations Form – Affidavit 1 – Affidavit of Income and Expenses – Filed and docketed with the Clerk’s Office and kept in the Confidential Family File. Both parties must file either individually or jointly. - Uniform Domestic Relations Form – Affidavit 2 – Affidavit of Property – Filed and docketed with the Clerk’s Office and kept in the Confidential Family File. Both parties must file either individually or jointly. - DR 5 – Waiver of Magistrate’s Decision - DR 9 – Waiver of Counsel (if applicable) - DR 11 – Waiver of Service of Summons - Separation Agreement (Uniform Domestic Relations Form 19 – Separation Agreement)

In original filings or post decree filings the following documents shall also be filed as set forth below: C. Petition for Dissolution without children: - Petition (Uniform Domestic Relations Form 17) - Uniform Domestic Relations Form – Affidavit 1 – Affidavit of Income and Expenses – Filed and docketed with the Clerk’s Office and kept in the Confidential Family File. Both parties must file either individually or jointly. - Uniform Domestic Relations Form – Affidavit 2 – Affidavit of Property – Filed and docketed with the Clerk’s Office and kept in the Confidential Family File. Both parties must file either individually or jointly. - DR 5 – Waiver of Magistrate’s Decision - DR 9 – Waiver of Counsel (if applicable) - DR 11 – Waiver of Service of Summons - Separation Agreement (Uniform Domestic Relations Form 19 – Separation Agreement)

CRITICAL

Applies to

Request for admittance

Before acceptance into the Drug Court Program, a person must be referred by an authorized source and file Request for Admittance [CM 28] with the Clerk.

Prior to acceptance into the Drug Court Program, each person shall have been referred by a judge, probation officer, prosecutor, or defense attorney and the participant shall have filed a Request for Admittance [CM 28] with the Clerk of Court.

CRITICAL

Applies to

Expert bill

Bills for investigators or other experts allowed by the Court must be filed using the Ohio Public Defender’s Expert Form.

In the event that investigators or other experts are allowed by the Court, the bills for same shall be filed using the Ohio Public Defender’s Expert Form.

CRITICAL

Applies to

Mandatory discovery disclosures

Each party must disclose the listed financial information and documents to the other party without a further court order, subject to the stated exceptions.

Each party has the affirmative duty to disclose to the other party, the following information and documents without further order of the Court: 1. All pensions and profit-sharing plans including the most recent plan summary; 2. All COBRA benefits to which the other party may be entitled; 3. Copies of all real estate deeds, vehicle titles and registration, unless already in the possession of the other party; 4. All appraisals of real estate or personal property or any business property in which the party holds an interest; 5. Copies of the last three (3) years individual tax returns, unless already in the possession of the other party; 6. Documentary proof of current income from all sources; and 7. Copies of the most recent statements on all bank accounts, IRA=s, stock accounts, mortgages, credit card accounts, and other debts.

CRITICAL

Applies to

Service instructions

When electronically filing an original complaint, third-party complaint, or pleading adding a party, the filer must also electronically file service instructions.

Upon electronically filing the original complaint, third party complaint, or any pleading that adds a new party, the filing party shall also file instructions for service electronically.

CRITICAL

Applies to

Proposed decree

Unless the Court directs otherwise, counsel must present a proposed decree to opposing counsel within 14 days after the written decision.

Unless otherwise directed by the Court, counsel shall present a proposed decree to opposing counsel within fourteen (14) days after the written decision.

CRITICAL

Applies to

Application for assigned counsel

The assigned-counsel application form must be returned and filed in the Clerk’s Office with the application fee.

This form is to be returned and filed in the Clerk’s Office along with a $25.00 application fee.

CRITICAL

Applies to

Distribution entry

Every Distribution Entry submitted to the Court must contain the specified distribution language.

All Distribution Entries submitted to the Court shall read as follows: “Any/all garnishment proceeds currently being held on deposit with the Clerk of Court shall be distributed to __________________, less any accrued court costs.”

CRITICAL

Applies to

Motion

Must include

proposed order

A moving party must submit with the motion a supporting memorandum citing relied-upon authorities and a proposed judgment entry.

The moving party shall attach to the motion a memorandum in support of the motion setting forth citations of authorities relied upon and further shall submit with the motion a proposed judgment entry.

CRITICAL

Applies to

Parental rights reallocation motion

A motion to reallocate parental rights and responsibilities must state each child’s name and year of birth.

Any motion requesting a reallocation of parental rights and responsibilities shall set forth the name and year of birth of the child(ren).

CRITICAL

Applies to

Itemized statement

Upon completing the representation, assigned counsel must submit an itemized statement of services, time spent, and out-of-pocket expenses.

Upon the completion of the service, it shall be the duty of such assigned counsel to submit an itemized statement of the services rendered and the time spent in connection with such services in the preparation and trial or other disposition of same, and any out-of-pocket expenses incurred therein.

CRITICAL

Applies to

Application for assigned counsel

Counsel seeking appointments must complete and submit an application to participate in the assigned counsel system.

Counsel desiring to receive appointments shall complete and submit to the Court a completed application to participate in assigned counsel system.

CRITICAL

Applies to

Notice of disposal

If exhibits, depositions, or transcripts are disposed of under these Rules, a Notice of Disposal must be filed with the Clerk of Court.

File a Notice of Disposal with the Clerk of Court if the exhibits, depositions and/or transcripts are disposed of pursuant to these Rules.

CRITICAL

Applies to

Objections

When a transcript is ordered for the Court's consideration of objections, the objections must state that the transcript was ordered.

When a transcript of proceedings before a Magistrate is ordered pursuant to this Rule for the Court's consideration in ruling upon objections, the objections shall state that a transcript of the proceedings has been ordered.

CRITICAL

Applies to

Notice of scheduled mediation

A Notice of Scheduled Mediation must state at least the mediation’s date, time, place, and contact information.

The Court, on its own motion, or the motion of any of the parties may refer disputed issues to mediation in whole or in party by ANotice of Scheduled Mediation@ which shall, at a minimum indicate the date, time, place, and contact information of the mediation.

CRITICAL

Must include

certificate of service

Each document must include a certificate of service.

• Must include a certificate of service.

CRITICAL

Applies to

Original filed document

The filing party must retain the original until the stated appeal and post-judgment periods or proceedings are complete.

The filing party shall keep the original document until the case is closed and the time for appeal has expired or the appeals have been heard or denied and all opportunities for post judgment relief have been exhausted.

CRITICAL

Before incurring expenses above the prescribed maximums, counsel must apply to the Court and obtain prior approval by judgment entry.

No fees in excess of the maximums prescribed therein shall be approved unless prior to incurring such expenses, counsel shall make application to the Court and obtain prior approval therefore by judgment entry.

CRITICAL

Must include

proposed order, certificate of service

A withdrawal motion must state reasons and be submitted with a proposed entry and a certificate of service for the specified recipients.

1. Submit a motion with reasons thereon and proposed entry to the Judge or Magistrate containing a certificate of service to opposing counsel, if any; the opposing party, if pro se; and the withdrawing attorney's client.

CRITICAL

Applies to

Sheriff candidate application

A sheriff candidate must obtain the Court-adopted application form [CM 19] and file it with the Clerk of Court.

When a person desires to become a candidate for sheriff of Mercer County, Ohio, pursuant to R.C. 311.01, he or she shall obtain an application from the Common Pleas Court to be filed with the Clerk of Court on the form hereby adopted by the Court [CM 19].

CRITICAL

Applies to

Discovery documents or materials

Discovery documents or materials will not be accepted for filing unless counsel certifies in writing that they are filed for a specific evidentiary purpose, or the court orders otherwise.

The Clerk shall refuse to accept for filing any discovery documents or materials unless counsel certifies in writing that the filing is for a specific evidentiary purpose as required by Civ.R. 5(D) or otherwise upon the order of the court.

CRITICAL

Applies to

Motion

Motions must state their grounds with particularity, explain the requested relief or order by memorandum or affidavit, and identify any prior orders at issue.

All motions shall state with particularity the grounds therefore, shall set forth by memorandum or affidavit the relief or order sought and shall identify any prior order(s) at issue.

CRITICAL

Applies to

Notice

Must include

proposed order

When a bankruptcy proceeding stays this Court’s proceedings, debtor’s counsel must immediately file notice with the Court, attaching a file-stamped petition and proposed stay order.

If any party files a proceeding in the U.S. Bankruptcy Court which results in a stay of this Court’s proceedings, counsel for the debtor shall immediately file with the Court a notice of same with an attached file-stamped copy of the petition and a proposed order staying proceedings [CM 9] as provided by the provisions of 11 U.S.C. 362.

CRITICAL

Applies to

Settlement entry

The Clerk will hold cost funds on deposit until counsel submits a settlement entry approved by the Industrial Commission of Ohio.

The Clerk shall hold any funds on deposit for costs until counsel submits the appropriate settlement entry approved by the Industrial Commission of Ohio.

CRITICAL

Applies to

Parenting proceeding affidavit

If custody of a minor child is sought, the petitioner must also file a Parenting Proceeding Affidavit.

If custody of a minor child is sought, a Parenting Proceeding Affidavit [Affidavit 3] shall also be filed.

CRITICAL

Must include

case number

Captions on subsequent filings must include the assigned case number and, when appropriate, the SETS number.

The case caption of all subsequent pleadings, motions, briefs and other papers filed shall also state the case number assigned, and if appropriate, the Support Enforcement Tracking System [hereinafter SETS] number.

CRITICAL

Applies to

Transcript

The reporter must furnish one certified copy of the transcript to the requesting party.

furnish one certified copy to the requesting party.

CRITICAL

Applies to

Notice of intent to relocate

The notice must include the parties’ last known addresses, the relocating parent’s new residential address, and, if applicable, the telephone number and name and address of the child’s school district school.

Included in said notice shall be the last known address of all the parties, a new residential address of the parent, and the telephone number and the name and address of the school in the district in which the child(ren) shall attend, if applicable.

CRITICAL

Applies to

Affidavit of income and expenses

The respondent must file an Affidavit of Income and Expenses within 14 days after service of summons.

The respondent shall file an Affidavit of Income and Expenses [Affidavit 1] within 14 days of service of summons.

CRITICAL

Applies to

Petition

The petitioner must use forms designated by the Ohio Supreme Court.

The petitioner must use the forms designated by the Ohio Supreme Court.

CRITICAL

Applies to

Post decree motion to show cause

The listed materials for a post-decree motion to show cause are a Form 24 motion and affidavit in support and a Form 25 order to show cause containing notice.

I. Post-decree motions to show cause: - Motion & Affidavit in Support (Uniform Domestic Relations Form 24) - Order to Show Cause Containing Notice (Uniform Domestic Relations Form 25)

CRITICAL

Applies to

Order of disbursement

The Court will not entertain an order requesting a continuous order of disbursement.

This court will not entertain any order that requests a “continuous order of disbursement.”

CRITICAL

Applies to

Petition for Certificate of Qualification for Employment

The petitioner must provide the DRC Electronic Petition Number and attach a printed receipt of the electronic petition.

The Petitioner shall provide the DRC Electronic Petition Number and attach a printed receipt of electronic Petition.