Mercer County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Notice of dismissal of workers compensation appeal

When a Workers’ Compensation appeal settles, appellant’s counsel must submit a Notice of Dismissal of Workers’ Compensation Appeal [CM 8].

When a Workers’ Compensation appeal is settled, due to the necessity of obtaining the approval of the Industrial Commission of Ohio, counsel for appellant shall submit a Notice of Dismissal of Workers’ Compensation Appeal [CM 8].

CRITICAL

Applies to

Trial deadline change certification

The Prosecuting Attorney must promptly provide the Court a written certification of any change to the trial deadline.

Thereafter, the Prosecuting Attorney shall forthwith in writing certify to the Court any changes in the last day of the time period within which the defendant shall be brought to trial as required by R.C. 2945.71.

CRITICAL

Applies to

Publication service notice

Counsel seeking posting-and-mail service in the specified family-law action must submit the proposed legal notice to the Clerk.

Counsel for a party desiring this service shall submit to the Clerk of Court the proposed legal notice for such publication.

CRITICAL

Applies to

Support modification opposition materials

The opposing party must submit a completed Affidavit of Income and Expenses directly to the court for the Family File, along with the specified income documentation, within 14 days of service.

The opposing party shall submit a completed Affidavit of Income and Expenses [Affidavit 1] directly to the court to be placed in the Family File and the above income documentation to the Court within 14 days of service upon the opposing party.

CRITICAL

Applies to

Withdrawal

Counsel seeking formal withdrawal must give the party a written copy of the rule and certify to the Court that counsel complied with it.

D. Any counsel who seeks to formally withdraw from a case shall advise the party to the action of this rule by furnishing a written copy of this rule to the party and shall certify to the Court that he/she has complied with this rule.

CRITICAL

Applies to

Media request

A request to broadcast, televise, record, or photograph a court session must be made in writing as early as reasonably practical and no later than one hour before the session, unless the trial judge permits otherwise.

Requests shall be made in writing to the Court as far in advance as reasonably practical, but in any event no later than one hour prior to the Court session to be broadcast, televised, recorded, or photographed unless otherwise permitted by the trial judge.

CRITICAL

Applies to

Request for service

Requests or instructions to the Clerk to attempt service must include complete names and addresses for everyone requiring service; noncompliant submissions may relieve the Clerk's office of responsibility to perfect service.

Any request and/or instructions directing the Clerk of Court to attempt service, including but not limited to, Praecipe, Journal Entry and Orders, shall have complete names and addresses of any individuals and/or entities requiring service of process. Any Praecipe, Journal Entry or Orders, etc., not in compliance with the above, may relieve the Clerk of Court=s office of any responsibility to perfect said service.

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem’s written report must be submitted to the Judge or Magistrate, accompanied by an order addressing dissemination, retained in the Court’s confidential file, and not submitted to the Clerk for filing.

The written report of the guardian ad litem shall be submitted to the Judge or Magistrate. The Court will issue an order accompanying the report regarding the dissemination of the same. The Court will retain the report in the Court’s confidential file. The report is NOT to be submitted to the Clerk of Court for filing.

CRITICAL

Applies to

Mediator report

At the conclusion of mediation, the Court must be informed whether mediation occurred or was terminated, the extent of any settlement, party attendance, and any future sessions with their dates and times.

At the conclusion of the mediation and in compliance with ORC 2710.06 the Court shall be informed of the status of the mediation including all of the following: - Whether the mediation occurred or was terminated; - Whether a settlement was reached on some, all or none of the issues; - Attendance of the parties; and - Future mediation session(s), including date and time.

CRITICAL

Applies to

Withholding order

Withholding order language must be consistent with current law and include all notices required by Ohio statute.

Withholding Order language shall be consistent with current law and shall include all required notices pursuant to Ohio statute.

CRITICAL

Applies to

Support modification motion

A motion to modify child or spousal support must include an updated Affidavit of Income and Expenses; failure to submit the affidavit may result in dismissal.

Any motion requesting a modification of an existing child or spousal support order shall be accompanied by an updated Affidavit of Income and Expenses [Affidavit 1].

CRITICAL

Applies to

Default judgment hearing submission

Must include

proposed order

At the default-judgment hearing, counsel must bring a supporting affidavit, be prepared to present supporting evidence and admissible documentation, and submit a proposed judgment entry.

Counsel for the party seeking a default judgment shall appear at the hearing with an affidavit in support of the claim for relief and be prepared to present evidence including admissible documentation in support of the claims as the Court may deem necessary or proper in accordance with Civ.R. 55(A), and present a proposed judgment entry to the Court for its issuance.

CRITICAL

Applies to

Decree or agreed order

Decrees and agreed orders must designate which party pays court costs.

Decrees and agreed orders shall designate which party shall pay court costs and judgment shall be granted for the same.

CRITICAL

Applies to

Notice of dismissal

A plaintiff filing a voluntary-dismissal notice must specifically cite Civ.R. 41.

The plaintiff shall also specifically cite Civ.R. 41 in the notice for dismissal.

CRITICAL

Applies to

Child support provision

Child support provisions must state the monthly amount per child, effective date, any monthly arrearage payment, the specified payment method and administrative fee until withholding, and withholding-order language consistent with current law.

Child support provisions shall provide the following: A. Monthly amount per child; B. Effective date; C. If arrearages are present, monthly amount of payment; D. Payments shall be made through the Office of Child Support, Ohio Child Support Payment Central (OCSPC), P.O. Box 182372, Columbus, Ohio, 43218-2394, plus two percent (2%) administrative fee until such time as said amounts are withheld by the withholding notice. E. Withholding order language consistent with current law.

CRITICAL

Applies to

Confirmation of sale hearing submission

Must include

proposed order

Counsel must provide an entry approved by the sheriff’s civil deputy at the hearing, but need not appear if the Court received an entry before the hearing that all necessary parties, including the deputy, approved.

At the time of hearing on the motion for confirmation of sale, counsel shall provide the Court with a proposed judgment entry approved by the sheriff's civil deputy. Counsel need not appear at said hearing if a proposed entry has been received by the Court prior to the hearing date which has been approved by all necessary parties, including the Mercer County Sheriff’s Department Civil Deputy.

CRITICAL

Applies to

Post decree motion dismissal

A dismissed post-decree motion must be accompanied by a Judgment Entry of Dismissal.

If a post-decree motion is being dismissed, a Judgment Entry of Dismissal shall accompany said motion.

CRITICAL

Applies to

Written objection

A party opposing a referral or appointed mediator must file a written objection explaining the reasons within seven days of receiving notice.

A party opposed to either the referral or the appointed mediator must file a written objection with the Court within seven days of receiving notice of the referral or provider and explain the reasons for any opposition.

CRITICAL

Applies to

Transcript order

A transcript order must specifically identify the testimony or proceedings to be transcribed and be directed to the reporter who took the notes.

All orders for transcripts shall identify with specificity the testimony or proceedings ordered to be transcribed and shall be directed to the Court Reporter who took the notes of the testimony or other proceedings ordered to be transcribed that such testimony or other proceedings required.

CRITICAL

Applies to

Affidavit of income and expenses

If child or spousal support is sought, an Affidavit of Income and Expenses must be filed with the Court.

If child and/or spousal support is sought, an Affidavit of Income and Expenses [Affidavit 1] shall be filed with the Court.

CRITICAL

All filed papers must be signed in conformity with Civ.R. 11.

All papers shall be signed in conformity with Civ.R. 11.

CRITICAL

Applies to

Affidavit

When a party defaults in appearance, the party seeking judgment must file an affidavit establishing the defaulting party's military status or stating that the affiant cannot determine it.

In any action or proceeding commenced in this Court, if there shall be a default of any appearance by any party, the party seeking judgment shall file with the Court an affidavit setting forth facts showing that the party in default is not in the military service. If unable to file such affidavit, the party seeking judgment shall file an affidavit setting forth that the party in default is either in the military service or that the affiant is not able to determine whether or not such defaulting party is in the military service so that judgment may be entered [50 U.S.C. 520, et. seq.].

CRITICAL

Applies to

Discovery depositions requests answers and responses

Discovery depositions, requests, answers, and responses must not be filed unless the Court orders otherwise.

Depositions upon oral examination, interrogatories, requests for documents, requests for admission, and answers and responses thereto shall not be filed unless upon order of the Court.

CRITICAL

Applies to

Medical malpractice report

Prior to the fifteenth day of December of each year, plaintiff’s counsel in a pending medical malpractice case, which includes a medical claim, dental claim, optometric claim, or chiropractic claim, shall submit to the Clerk of Court office a Medical Malpractice Report [CM 22] for reporting purposes consistent with R.C. 2303.23.

Prior to the fifteenth day of December of each year, plaintiff’s counsel in a pending medical malpractice case, which includes a medical claim, dental claim, optometric claim, or chiropractic claim, shall submit to the Clerk of Court office a Medical Malpractice Report [CM 22] for reporting purposes consistent with R.C. 2303.23.

CRITICAL

Applies to

Final judgment and decree

For dissolutions and non-contested listed matters, counsel must present a proposed final judgment and decree and a Waiver of Magistrate's Decision at the hearing.

A proposed final judgment and decree shall be presented to the Court at the time of hearing for all dissolutions and non-contested divorces, legal separations, annulments, along with a Waiver of Magistrate=s Decision.

CRITICAL

Applies to

Iv d application

A IV-D Application must be filed in the Confidential Family File for the specified cases, with one original and two copies provided to the Clerk for delivery to the Court and CSEA.

A IV-D Application [DR 10] shall be filed with the Clerk of Court in the Confidential Family File in all complaints for divorce, dissolution, legal separation, or any post-decree motions involving minor children. A party shall provide the Clerk with one original and two copies to be delivered to the Court and the CSEA.

CRITICAL

Applies to

Petition to register foreign orders

The listed materials for a petition to register foreign orders are a complaint and two authenticated copies of the foreign judgment.

E. Petition to Register Foreign Orders: - Complaint - Two authenticated copies of the foreign judgment

CRITICAL

Applies to

Parental rights reallocation motion

A motion to reallocate parental rights and responsibilities must include Affidavit 1 submitted directly to the Court and Affidavit 2 filed with the Clerk of Court.

All motions seeking to reallocate parental rights and responsibilities shall be accompanied by an Affidavit of Income and Expenses [Affidavit 1] submitted directly to the Court and a Parenting Proceeding Affidavit [Affidavit 2] filed with the Clerk of Court.

CRITICAL

Applies to

Withdrawal motion and entry

If new counsel has been substituted, the withdrawal motion and entry must include that counsel’s name.

3. If new counsel has been substituted, the name of said counsel shall be included in the motion and entry.

CRITICAL

Applies to

Proposed entry

Where applicable, counsel must include an assessment of costs and judgment for those costs in every proposed entry to be issued by the Court.

Counsel shall include assessment of costs, where applicable, in all proposed entries to be issued by the Court and include judgment for the same.

CRITICAL

Applies to

Waiver decision

When the court waives the indigency guidelines in an unusual or meritorious situation, it must document the decision in the client’s file.

In determining indigency in individual cases, the court has the authority to waive these guidelines in unusual or meritorious situations. In such situations, the waiver decision shall be documented and included in the client’s file.

WARNING

Applies to

Written order

If the trial judge grants a media request in writing, the written order must be made part of the proceedings record.

The written order of the trial judge shall be made a part of the record of the proceedings.

WARNING

Applies to

Parenting program attendance waiver application

A waiver of parenting-program attendance may be granted at the Court’s discretion only upon written application and evidence of extreme hardship or other good cause.

A waiver of attendance may be granted by the Court within its discretion, but only upon written application and evidence of extreme hardship presented or for other good cause.

WARNING

Applies to

Updated application for assigned counsel

Counsel must submit updated applications as appropriate.

Counsel shall submit updated applications as appropriate.

WARNING

Applies to

Waiver

If all parties and counsel of record execute the appropriate CM 12 waiver, the Magistrate's Decision is the entry presented to the Court at the hearing.

Upon the Magistrate hearing a matter, if all parties and counsel of record execute the appropriate waiver [CM 12], the Magistrate's Decision required by Civ.R. 53 shall be the entry presented to the Court at the time of hearing.

WARNING

Applies to

Proposed entry

At uncontested hearings, the Court requests that counsel present a proposed entry with supporting orders and enough copies for service on all required recipients.

At all uncontested hearings, the Court requests counsel to present a proposed entry with supporting orders and sufficient copies to be served on all parties and other entities as required by these Rules.

WARNING

Applies to

E filing confirmation

The e-File system must issue a receipt confirmation that states the date and time received and serves as proof of receipt.

Upon receipt, the Court’s e-File system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.

WARNING

Applies to

Pretrial brief

When this exhibit information is included in a court-ordered pretrial brief, counsel must certify that exhibits were exchanged and, if possible, that a copy was provided to the Court.

Counsel shall certify that they have exchanged exhibits and, if possible, provided a copy for the Court;

WARNING

Applies to

Memorandum or argument

Memoranda and arguments must identify the specific pages, paragraphs, and lines of evidence counsel wants the Court to consider.

In any memorandum or argument counsel shall refer to specific pages, paragraphs, and lines of any pleadings, interrogatories, affidavits, depositions, or other documentary evidence which counsel desires the Court to consider.

WARNING

Applies to

Mailed transcript copy request

A party requesting a transcript copy by mail must provide a self-addressed, stamped envelope.

Any party who requests a copy of a transcript to be sent by mail must provide a self-addressed, stamped envelope.

INFO

Applies to

Decree

The Court may direct counsel to prepare a decree following the final hearing as stated in its written decision.

The Court may direct counsel to prepare the decree following the final hearing as stated in the Court=s written decision.

INFO

Applies to

Joint pretrial brief

The Court may order counsel to prepare a joint pretrial brief containing any of the information listed for a pretrial brief.

The Court may order counsel to prepare a joint pretrial brief containing any of the foregoing information.

INFO

Applies to

Request for Waiver of Fees

A petitioner seeking a filing-fee reduction may submit a fee-waiver request with an affidavit of indigency or other relevant information.

The Petitioner may file a Request for Waiver of Fees [CM 31] along with an Affidavit of lndigency or other relevant information for the court's consideration if requesting a reduction in the filing fees.

INFO

Applies to

Affidavit of income and expenses

Affidavit 1, the Supreme Court Uniform Domestic Relations Form for income and expenses, is acceptable for filing in all Domestic Relations proceedings.

The Supreme Court Uniform Domestic Relations Form – Affidavit 1 – Affidavit of Income and Expenses is acceptable to file in all Domestic Relations proceedings.

INFO

Applies to

Petition

An action seeking an ex parte civil protection order may be initiated by filing a domestic violence petition under R.C. 3113.31(C).

An action seeking an ex parte civil protection order may be initiated by filing a petition of domestic violence in accordance with R.C. 3113.31(C).

INFO

Applies to

Electronically filed document

An electronically filed document is deemed signed by its submitter or the listed court officer.

Every electronically filed pleading, motion, order, judgment or document is deemed signed by the judge, magistrate, clerk, attorney, party, or person who submitted it.

INFO

Applies to

Pretrial brief

The Court may order counsel to prepare a pretrial brief containing information from the listed categories as appropriate.

The Court may order counsel to prepare a pretrial brief containing any of the following information as may be appropriate:

CRITICAL

A dissolution petition with children must be filed with the listed forms, including a waiver of counsel if applicable.

In original filings or post decree filings the following documents shall also be filed as set forth below: D. Petition for Dissolution with 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. - Uniform Domestic Relations Form – Affidavit 3 – Parenting Proceeding Affidavit - DR 3 (or DR 4) – Child Support Worksheet - DR 5 – Waiver of Magistrate’s Decision - DR 9 – Waiver of Counsel (if applicable)