Mercer County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Voluntary dismissal

When dismissing an action, the party must include an order terminating withholding orders and vacating restraining orders when appropriate.

If a party dismisses their action they shall include an order to terminate any withholding orders and vacate restraining orders, if appropriate.

CRITICAL

Applies to

Electronically filed document

Must include

certificate of service

An electronically filed document must include a certificate of service identifying how and when each party entitled to service was served, using the prescribed wording.

A certificate of service on all parties entitled to service is still required when a party files a document electronically. The certificate must state the manner in which service was accomplished on each party so entitled. The certificate of service shall contain the following language: I hereby certify that I served the documents by process server, regular U.S. mail, commercial carrier, or electronic means (whichever is applicable) to the following (list of parties served) and the date served.

CRITICAL

Applies to

Post decree child or spousal support modification motion

The listed materials for a post-decree motion to modify child or spousal support 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.

F. Post-decree motion requesting modification of child/spousal support: - Motion & Affidavit in Support (Uniform Domestic Relations Form 28) - 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 Affidavit - 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

Jury questionnaire

Counsel must return jury questionnaires to the jury administrator immediately after voir dire concludes.

Counsel shall return the jury questionnaires to the jury administrator immediately upon the conclusion of voir dire examination.

CRITICAL

Applies to

Final judgment entry

The final Judgment Entry must provide for the guardian ad litem’s discharge at the conclusion of the matter unless the Court directs otherwise.

The final Judgment Entry shall contain a provision for the discharge of the Guardian Ad Litem at the conclusion of the matter on which the Guardian Ad Litem was appointed unless otherwise directed by the Court.

CRITICAL

Applies to

Affidavit of inability

Counsel must provide a written certification about payment and the party’s inability before the Clerk may accept the affidavit of inability.

Provided however, the Clerk shall not accept for filing an affidavit of a party’s inability to make the required deposit or security for costs until the party’s counsel certifies in writing that no monies have been paid to counsel and that, to the counsel’s knowledge and belief, the party is unable to make the deposit or security.

CRITICAL

Applies to

Proposed entry

Counsel must include any applicable cost assessment in proposed entries; if it is omitted, the Court will assess costs as it deems appropriate.

Counsel shall include assessment of costs, where applicable, in all proposed entries to be issued by the Court. If a proposed entry does not provide for the assessment of costs, the Court shall assess costs as it deems appropriate.

CRITICAL

Applies to

Written transcript request

An attorney of record seeking a written transcript must file a CM 26 with the Clerk of Court.

Any attorney-of-record who desires a written transcript of proceedings shall file a CM 26 with the Clerk of Court.

CRITICAL

Applies to

Parenting time modification motion

A motion to modify the parenting-time schedule must include a Parenting Proceeding Affidavit [Affidavit 2].

Any motion requesting a modification of the parenting time schedule shall be accompanied by a Parenting Proceeding Affidavit [Affidavit 2].

CRITICAL

Applies to

Judgment entry

A separate DR 8 Medical Healthcare Form must accompany judgment entries in the specified cases; the Court forwards it to the Child Support Enforcement Agency, and it is not filed in the Clerk of Courts case file.

A separate Medical Healthcare Form shall accompany all Judgment Entries in divorces, dissolutions or re-opened on behalf of the minor children. See prescribed DR 8 Form. The form will be forwarded to the Mercer County Child Support Enforcement Agency by the Court, but will not be filed in the Clerk of Courts case file because of the private nature of the information on this form.

CRITICAL

Papers filed by an attorney must identify the attorney, registration number, firm if any, office contact information, and represented party.

All papers filed with the Clerk by an attorney shall bear the attorney’s name, Ohio Supreme Court registration number, firm name (if any), office address, telephone number, fax number (if any), email address (if any), and a designation of which party the attorney represents.

CRITICAL

Applies to

Ex parte temporary restraining order request

Requests for ex parte temporary restraining orders must be made by separate motion; they may be made by separate order and may be granted for extenuating circumstances.

Such requests shall be made by separate motion and may be made by separate order and may be granted for extenuating circumstances.

CRITICAL

Applies to

Petition for Certificate of Qualification for Employment

To request a CQE, the petitioner must complete the DRC online process and then file the petition with the Clerk of Courts.

In order to request a CQE, the Petition for Certificate of Qualification for Employment (RC 2953.25) [CM 30] shall be filed with the Clerk of Courts by the Petitioner, after completing the petition process online through the DRC (www.drccqe.com).

CRITICAL

Applies to

Show cause summons

Every summons issued with a show-cause motion must include a notice satisfying Ohio statutes.

Every summons issued with a show cause motion shall include a Notice satisfying Ohio statutes.

CRITICAL

Applies to

Pleading

A pleading that cites a case for the Court's particular notice must include a complete copy of that case in the Court's copy and all copies served.

Counsel citing a reported or unreported case to the Court in any pleading that counsel desires the Court to take particular notice of, shall attach a complete copy of that case to the Court's copy and all copies served upon another party or counsel.

CRITICAL

Applies to

Proposed decree

Opposing counsel have 7 days to approve or reject the proposed decree, and both counsel must appear at a CM5 hearing 21 days after the written decision if both have not approved it.

Opposing counsel shall have seven (7) days to approve or reject the proposed decree. In the event both counsel have not approved the entry, both shall appear at the CM5 hearing to be held 21 days after the written decision.

CRITICAL

Applies to

Proposed findings and conclusions

Opposing counsel must submit proposed findings and conclusions within seven days after receiving the other party's proposed statement.

Within seven (7) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing counsel shall submit and serve proposed findings of fact and conclusions of law.

CRITICAL

Applies to

Application for assigned counsel

Each defendant charged with a crime in the Court must be provided a copy of the assigned-counsel application when served with process.

To assist the Court in complying with the requirements of Crim.R. 44, each defendant charged with a crime in this Court shall be provided with a copy of the application for assigned counsel [CM 13] when served with process.

CRITICAL

Applies to

Continuance entry

A continuance motion must be accompanied by an entry stating the date and time from and to which the matter is continued.

A motion for continuance must be accompanied by the appropriate entry granting the motion with the date and time from and to which the matter is continued

CRITICAL

Applies to

Notice of intent to relocate

The Notice of Intent to Relocate must be filed with the Clerk of Courts.

Said notice shall be filed with the Clerk of Courts.

CRITICAL

Applies to

Entry

Must include

certificate of service

An entry prepared for issuance by the Court must include the specified Certificate of Service on its last page for signature by the Court or Clerk.

In order to facilitate the prompt and timely issuance and service of entries upon counsel, when counsel prepares an entry to be issued by the Court, counsel shall include the following Certificate of Service on the last page of the entry to be signed by the Court or the Clerk: This is to certify that a copy of the (insert the title of the document being served) has been issued by regular U.S. mail to (insert the nam es of counsel of record or the parties, if no counsel of record) , at their respective addresses on ___________________ ______, 20___.

CRITICAL

Applies to

Notice of receipt

A party or attorney of record claiming exhibits, depositions, or transcripts must sign a Notice of Receipt within the required notice period.

Require a Notice of Receipt to be signed by a party or attorney-of-record claiming the exhibits, depositions and/or transcripts within the required notice period.

CRITICAL

Applies to

Publication service notice

Counsel seeking publication service in a civil matter under Civ.R. 4.4(A)(1) must submit the proposed legal notice to the Clerk.

Counsel for a party desiring service by publication in a civil matter pursuant to Civ.R. 4.4(A)(1) shall submit to the Clerk of Court the proposed legal notice for such publication.

CRITICAL

Applies to

Continuance entry

A proposed entry granting a continuance after waiver of the client’s endorsement must state that the Court waived the requirement for good cause and that the entry is to be served on the client.

The entry presented by counsel granting the continuance shall comply with the requirements of Mercer Co. Loc.R. 6.01 A., and in addition, shall state that the Court has waived the requirement that the litigant-client endorse the motion for the continuance for good cause shown and that a copy of the entry be served upon the litigant-client.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must include notice of the hearing.

notice of said hearing shall be included with the motion

CRITICAL

Applies to

Decree of divorce or legal separation

A decree of divorce or legal separation must include a provision protecting any ADC child support arrearage.

The Decree of Divorce or Legal Separation shall include a provision protecting any ADC Child Support arrearage.

CRITICAL

Applies to

Divorce complaint without children

A divorce, legal-separation, or annulment complaint without children must be filed with the listed forms and restraint order.

In original filings or post decree filings the following documents shall also be filed as set forth below: A. Complaint for Divorce/Legal Separation/Annulment without children: - Complaint (Uniform Domestic Relations Form 6) - 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. - Uniform Domestic Relations Form – Affidavit 5 – Motion & Affidavit or Counter Affidavit for Temporary Orders without Oral Hearing - Domestic Relations Restraint Order [SO 1]

CRITICAL

Applies to

Withdrawal entry

If a hearing is scheduled, the withdrawal entry must state that new counsel needs to be obtained promptly.

2. If there is a scheduled hearing, the entry shall contain a statement indicating it is necessary for new counsel to be obtained promptly.

CRITICAL

Applies to

Dismissal motion

A party moving for dismissal under Civ.R. 41(B)(2) must submit written proposed findings and conclusions with the motion.

A party moving for dismissal pursuant to Civ.R. 41(B)(2) shall submit to the Court proposed findings of fact and conclusions of law in writing together with the motion for dismissal.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must state whether the moving party has been contacted by the defaulting party and, if so, describe the contact.

Any motions for default judgments must recite that the moving party, either personally or through counsel, has not been contacted by the defaulting party, or if contact has been made, the extent of such contact.

CRITICAL

Applies to

Shared parenting plan and decree

When a shared parenting agreement is read into the record at the final hearing, counsel must prepare and submit the shared parenting plan and decree in accordance with the rules.

Shared parenting agreements. When a shared parenting agreement is read into the record at the final hearing, counsel shall prepare the shared parenting plan and decree and shall submit the plan and decree in accordance with the rules.

CRITICAL

Applies to

Affidavit of income and expenses

Affidavits of Income and Expenses must be complete and provide detailed disclosure under oath.

All Affidavits of Income and Expenses shall be complete and provide detailed disclosure under oath.

CRITICAL

Applies to

Post decree parenting time modification motion

The listed materials for a post-decree motion to modify parenting time 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.

Post-decree motion requesting modification of parenting time: - 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

Must include

proposed order

A proposed order or entry must be submitted and identify the specific motion to which it applies.

A proposed order or proposed entry shall be submitted and reference the specific motion to which it applies.

CRITICAL

Applies to

Divorce complaint with children

A divorce, legal-separation, annulment, or paternity complaint with children must be filed with the listed forms and restraint order.

In original filings or post decree filings the following documents shall also be filed as set forth below: B. Complaint for Divorce/Legal Separation/Annulment with children (also includes Complaint for Paternity): - Complaint (Uniform Domestic Relations Form 7) - 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. - Uniform Domestic Relations Form – Affidavit 3 – Parenting Proceeding Affidavit - 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. - SO 1 – Domestic Relations Restraint Order

CRITICAL

Applies to

Petition

The petition must disclose any other pending case involving the petitioner or respondent.

Any other case involving the petitioner or respondent pending before this or any other Court shall be disclosed in the petition.

CRITICAL

Applies to

Guardian ad litem appointment request

A request to appoint a guardian ad litem must be in writing.

A party may request the appointment of a guardian ad litem pursuant to current law and the request must be in writing.

CRITICAL

Applies to

Trial deadline certification

The Prosecuting Attorney must provide the Court a written certification stating the last day to bring the defendant to trial.

The Prosecuting Attorney shall certify in writing to the Court the last day of the time period within which the defendant shall be brought to trial as required by R.C. 2945.71 at least 35 days prior to the last day to timely convene trial.

CRITICAL

Applies to

Objections to magistrate decision

Objections to a Magistrate's Decision must state specific grounds, identify whether they challenge factual findings, legal conclusions, or both, and, when challenging findings, identify the specific findings or alleged omissions or inclusions.

Any objections filed by a party pursuant to Civ.R. 53(E)(3) shall be specific and state with particularity the grounds therefore. Such objections shall specify whether they are directed to the findings of facts of the Magistrate, the conclusions of law of the Magistrate, or both. If the objections are to the findings of facts of the Magistrate, they must state the specific finding(s) objected to or the specific finding(s) the party asserts was improperly omitted from or included in the Decision.

CRITICAL

Applies to

Confirmation of sale motion

Must include

certificate of service

A confirmation-of-sale motion must include hearing notice, provide at least seven days’ notice, and bear a certificate of service on all other parties and counsel of record.

notice of which shall be included with the motion and provide at least seven (7) days notice of such hearing. A certificate of service of the motion and notice upon all other parties and counsel of record shall be endorsed thereon by the moving party.

CRITICAL

Applies to

Post decree motion where support is at issue

A movant in a post-decree motion involving support must file Affidavit 1; the text indicates it will be kept in a specified location, but the sentence is incomplete.

Post-Decree: In all post-decree motions where support is an issue, the movant shall file an Affidavit of Income and Expenses [Affidavit 1] which will be kept in the

CRITICAL

Applies to

Written appearance

Upon accepting representation, counsel must enter a written appearance by responsive pleading or notice of appearance.

Upon accepting representation of a party in any matter before the Court, counsel shall enter a written appearance either by responsive pleading or Notice of Appearance of Counsel.

CRITICAL

Applies to

Document bearing multiple signatures

Before filing a document with more than one signature, the filer must confirm the other signer's agreement.

A document bearing more than on signature requires the filer to confirm agreement of the other signer before filing.

CRITICAL

Applies to

Motion for continuance

A motion for continuance based on a same-day case conflict must include a copy of the conflicting assignment entry or notice.

Counsel shall attach a copy of the conflicting entry or notice assigning the other case to the motion for continuance.

CRITICAL

Applies to

Entry

Must include

certificate of service

Counsel preparing an entry for the Court must put the specified Certificate of Service on its last page for signature by the Court or Clerk.

In order to facilitate the prompt and timely issuance and service of entries upon counsel, when counsel prepares an entry to be issued by the Court, counsel shall include the following Certificate of Service on the last page of the entry to be signed by the Court or the Clerk: This is to certify that a copy of the (state the title of the document being served) has been issued by regular U.S. mail to (list the name of counsel of record or the parties, if no counsel of record), at their respective addresses on _____________________, 20____. _________________________________

CRITICAL

Applies to

Case initiating document

When e-filing a complaint or other document initiating a case or adding a party, the filer must e-file the listed documents, including a process-server appointment order when applicable.

When e-filing a complaint or other document initiating a case or adding a party, the filer must: • Electronically file a case designation sheet. • Electronically file separate instructions for service, including the names and addresses of those to be served. • Electronically file the complaint, third party complaint, or other initiating document. • Electronically file a current copy of the order appointing the individual process server if the document is to be served by a process server.

CRITICAL

Applies to

Initial pleading

For initial pleadings in new or reactivated cases in the general and domestic-relations divisions, a non-e-filed pleading must include a CM40 case designation sheet; the Clerk must refuse unclassified pleadings.

If not e-filed, in the general and domestic relations, all initial pleadings for new cases filed or terminated cases reactivated shall include a case designation sheet [CM40] for classification pursuant to the requirements of C.P.Sup.R. 35. The Clerk shall refuse to accept any such pleadings which have not been so classified.

CRITICAL

Applies to

Interpreter request

An attorney or party requesting an interpreter must complete Form CM 20 and submit it to the Court at least 14 days before the hearing.

When interpretive services are needed, the attorney or party requesting an interpreter shall complete Form CM 20 (Request for an Interpreter) and submit it to the Court at least fourteen (14) days before the scheduled hearing.

CRITICAL

Applies to

Acknowledgment of representation

Upon accepting a Court appointment to represent a defendant, counsel must promptly file an Acknowledgment of Representation.

Upon accepting an appointment assigned by the Court to represent a defendant, counsel shall forthwith file an Acknowledgment of Representation [CM 14]

CRITICAL

Applies to

Request for findings

A party requesting separate findings of fact and conclusions of law must submit and serve proposed findings and conclusions with the request.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civ.R. 52 and Civ.R. 53, the party requesting such statement shall submit and serve with said request proposed findings of fact and conclusions of law.