Monroe County Court of Common Pleas, General Division Document Filing Requirements

CRITICAL

Applies to

Guardian ad litem compliance statement

A Guardian ad Litem must provide the Court or its designee a training-compliance statement detailing each relevant course's date, location, contents, and credit hours.

A Guardian ad Litem shall be responsible for providing the Court or its designee with a statement indicating compliance with all initial and continuing education and training requirements so the Court may maintain the files required in division (G) of this rule. The Compliance statement shall include information detailing the date, location, contents and credit hours received for any relevant training course.

CRITICAL

Applies to

Income withholding order or notice

The Monroe County CSEA must prepare, issue, and file the income withholding order or notice with the Court.

The Monroe County CSEA shall prepare and issue the required Order/notice to Withhold Income and file the same with the Court within fourteen (14) days from the filing of the decree or entry, if applicable.

CRITICAL

Applies to

Separation agreement in divorce or dissolution action with minor children or post decree entry regarding child support modification

Separation agreements in divorce or dissolution actions with minor children and post-decree entries regarding child-support modifications must include the mandatory Rule XIV language.

Mandatory Language for - (1) Separation Agreements in Divorce and Dissolution Actions with Minor Children - (2) Any Post-Degree Entry Regarding Child Support Modifications. The following mandatory language under Rule XIV is available via e-mail by contacting the Monroe County Common Pleas Court.

CRITICAL

Applies to

Domestic relations case filing

A General Information Sheet for Domestic Relations Cases must be presented to the Clerk when a divorce, dissolution, or post-decree action is filed.

Pursuant to Local Rule XIII, a General Information Sheet for Domestic Relations Cases shall be presented to the Clerk at the time any divorce, dissolution or post-decree action is filed

CRITICAL

Applies to

Foreclosure complaint

In every foreclosure action, the attorney must state whether taxes are challenged and whether the property is occupied, vacant, or abandoned.

In all foreclosure actions, the attorney shall designate whether or not taxes are challenged as to the amount and/or as to the priority of the first and best lien. The attorney shall also designate whether or not the property is occupied, vacant, or abandoned.

CRITICAL

Applies to

Sale advertisement

Each sale advertisement must state that purchasers must complete the purchaser form immediately after sale and pay the remaining purchase price within 30 days after the sale-confirmation entry is filed.

In each advertisement of sale, the Sheriff shall cause to be included, notice that anyone who purchases property at a Sheriff's sale must complete a Real Estate Judicial Sale Purchaser Form immediately following the sale, and notice that the remainder of the full purchase price shall be paid within thirty (30) days from the date Entry confirming Sale is filed.

CRITICAL

Applies to

Praecipe for service of summons or notice

A praecipe for service of summons or notice must state the mailing address of each named party.

The mailing address of each party named in a praecipe for service of summons or notice, shall be stated therein

CRITICAL

Applies to

Guardian ad litem final report

A Guardian ad Litem must prepare a written final report with recommendations and specified details about the work performed and information considered.

A Guardian ad Litem shall prepare a written final report, including recommendations to the Court, within the times set forth in this division. The report shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted and all other relevant information considered by the Guardian ad Litem in reaching the Guardian ad Litem's recommendations and in accomplishing the duties required by statute, by Court rule, and in the Court's Order of Appointment.

CRITICAL

Applies to

Order of sale

The Order of Sale submission must include the listed case, judgment, property, appraisal, and applicable bankruptcy information and satisfy the stated alias-order prerequisite.

Information to be included with Order of Sale: - 1. Case caption and case number. - 2. Judgment Entry with file-stamped date. - 3. Property Description Approval Form (legal description attached). - 4. Whether property is to be appraised, reappraised or no appraisal or minimum bid set by attorney. - 5. Bankruptcy - if stay has been granted due to a bankruptcy and federal court has lifted the bankruptcy. Proof of this must be submitted with the Order of Sale. - 6. Alias Orders of Sale - the previous Order of Sale must have been previously returned by the Sheriff's Office before the new Orders of Sale can be issued.

CRITICAL

Applies to

Foreclosure complaint

A foreclosure complaint must include an affidavit documenting the named plaintiff's ownership or holder status concerning the note and mortgage.

A foreclosure complaint shall be accompanied by an affidavit documenting that the named plaintiff is the owner and/or holder of the note and mortgage, whether the original mortgage or by later assignment, successor in interest or as a trustee for another entity.

CRITICAL

Applies to

Evidence

At the hearing or trial, you must have a copy of your evidence for the judge, opposing counsel, and yourself.

You must have a copy for the judge, opposing counsel and for yourself at your hearing or trial.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a memorandum stating its grounds and citing the authority and points relied upon.

Motions shall be accompanied by a memorandum stating the grounds therefore and citing the authority and points relied upon.

CRITICAL

Applies to

Civil case filing

In civil cases, a General Information Sheet for Civil Cases must be presented to the Clerk when an action, an answer, or another pleading that opens a case is filed.

In all civil cases filed with the Clerk of Courts, a General Information Sheet for Civil Cases shall be presented to the Clerk at the time any action is filed in the Court of Common Pleas, when an answer is filed or when any other pleading which opens a case is filed.

CRITICAL

Applies to

Request for alternative service

A request for a different method of service must contain the phrase “Not withstanding Local Rule VIII.”

To specifically request otherwise, the request must contain the phrase "Not withstanding Local Rule VIII".

CRITICAL

Applies to

Application for court order

An application for a court order must be made by written motion stating its grounds and the relief sought.

Under Ohio Rules of Civil Procedure, Rule 7(B)(1), An application to the court for an order shall be by motion...shall be made in writing...shall state the grounds therefore and shall set forth the relief sought.

CRITICAL

Applies to

Entry confirming sale

The Entry Confirming Sale must attest to the sale's legality, include the required statutory language, direct delivery of the deed, specify distributions, and direct the Sheriff to disburse the funds.

Said Entry shall attest to the legality of the sale and incorporate the language required under ORC 2329.27(B)(3) and order the Sheriff to deliver a deed to the purchaser as outlined in (1) of this Local Rule. Said Entry shall include distribution to the Clerk of Courts for court costs, the Treasurer for taxes, the Auditor for conveyance and transfer fees, and the Recorder for deed recording fee and shall also order the Sheriff to disburse said funds.

CRITICAL

Applies to

Occupancy status affidavit

If occupancy status is unknown when the complaint is filed, the attorney must certify the property's status by affidavit within 30 days.

If the status of the occupancy is unknown at the time of the filing of the complaint, the attorney shall certify the property's status by the way of affidavit within thirty (30) days of filing the foreclosure complaint.

CRITICAL

Applies to

Temporary restraining order

A temporary restraining order must state its effective period and the time and place of the preliminary or interlocutory injunction hearing; the rule does not apply in divorce or alimony proceedings.

Such order shall therein specify for what period the temporary restraining order is effective, and the time at which and the place where such application for such preliminary or interlocutory injunction will be heard. This rule shall not apply in divorce or alimony proceedings.

CRITICAL

Applies to

Certificate of attendance

A certificate of attendance must be issued to each participant, with a copy filed and docketed in each domestic relations case where attendance is required.

C) A certificate of attendance will be issued to each participant and a copy of the same filed and docketed in each domestic relations case that attendance is required.

CRITICAL

Applies to

Guardian ad litem file

The Court must maintain applicant and approved Guardian ad Litem files containing required records and a training certificate or other satisfactory proof of compliance.

Maintain files for all applicants and for individuals approved for appointment as a Guardian ad Litem with the Court. The files shall contain all records and information required by this rule, and the Guardian ad Litem's certificate or other satisfactory proof of compliance with training requirements.

CRITICAL

Applies to

Guardian ad litem application

Applicants must submit a resume or information sheet describing their training, experience, and expertise relevant to serving as a Guardian ad Litem.

Require all applicants to submit a resume or information sheet stating the applicant's training, experience and expertise demonstrating the person's ability to successfully perform the responsibilities of a Guardian ad Litem.

CRITICAL

Applies to

Complaint, answer, counter complaint, petition, or motion in a domestic relations case involving minor children

Domestic relations filings involving minor children must include the listed forms and information.

In all domestic relations cases (divorces, dissolutions and domestic relations post-decree actions) involving minor children, the court requires the following documents be filed at the time a complaint, answer, counter-complaint, petition or motion is filed. - -General Information Sheet for Domestic Relations Cases; - -Completed child support worksheet with current information as provided in R.C. 3119.02.2 and 3119.02.3; - -Application for Child Support Services (JFS 07076). - -Affidavit Regarding Public Assistance Benefits; - -Affidavit of Income and Expenses (Supreme Court of Ohio - Affidavit 1);** - -Affidavit of Property (Supreme Court of Ohio - Affidavit 2); - -Parenting Proceeding Affidavit R.C. 3127.23(A) (Supreme Court of Ohio - Affidavit 3); - -Health Insurance Disclosure Affidavit (Supreme Court of Ohio - Affidavit 4);

CRITICAL

Applies to

Itemized statement and accounting

A Guardian ad Litem must keep accurate time, service, and expense records, file an itemized statement and accounting with the Court, and provide a copy to each party or other entity responsible for payment.

A Guardian ad Litem shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the Court and provide a copy to each party or other entity responsible for payment.

CRITICAL

Applies to

Document

Must include

certificate of service

Documents must include a certificate or statement that a copy was sent to the other party or their attorney.

A certificate of service/statement that you have sent a copy to the other party or their attorney must be included on your documents.

CRITICAL

Applies to

Information

If an information is filed, the prosecuting attorney must furnish the court a copy.

In the event any information is filed, the prosecuting attorney shall furnish the Court with a copy thereof.

CRITICAL

Applies to

Order of sale

The Real Estate Judicial Sale Purchaser Information Form must be returned to the Clerk of Courts with the Order of Sale.

The Real Estate Judicial Sale Purchaser Information Form must be returned to the Clerk of Courts with the Order of Sale.

CRITICAL

Applies to

Alias order of sale

A new alias Order of Sale cannot be issued until the Sheriff's Office has returned the previous Order of Sale.

Alias Orders of Sale - the previous Order of Sale must have been previously returned by the Sheriff's Office before the new Orders of Sale can be issued.

CRITICAL

Applies to

Annual guardian ad litem certification

Require all individuals on its list to certify annually they are unaware of any circumstances that would disqualify them from serving and to report the training they

Require all individuals on its list to certify annually they are unaware of any circumstances that would disqualify them from serving and to report the training they

CRITICAL

Applies to

Indictment

At the close of each grand jury session, the prosecuting attorney must furnish the court a copy of every indictment returned.

The prosecuting attorney at the close of each grand jury session shall furnish the court with a copy of all indictments returned.

CRITICAL

Applies to

Amended complaint

If an interest is transferred to a new party after a complaint is filed, the complaint must be amended to reflect the transfer.

In pending cases, if interest in the matter is transferred to a new party after the complaint is filed, the complaint shall be amended to reflect the transfer, and all parties shall be served with the amended pleading.

CRITICAL

Applies to

Real estate judicial sale purchaser information form

Every purchaser at a Sheriff's sale, including a plaintiff, defendant, or third party, must complete the purchaser information form immediately after the sale.

Pursuant to ORC 2329.271, anyone who purchases a property at a Sheriff's sale, including but not limited to , plaintiff, defendant, or third party MUST complete a Real Estate Judicial Sale Purchaser Information Form immediately following the sale.

CRITICAL

Applies to

Pleading or affidavit

A temporary restraining order in an action may issue without notice to the adversary parties for the purpose of preserving the status quo of the parties or controversies until an application for a preliminary or interlocutory injunction may be heard, and may only issue for good case stated in the pleadings, or affidavit filed therein, for a period of not more than ten (10) days.

A temporary restraining order in an action may issue without notice to the adversary parties for the purpose of preserving the status quo of the parties or controversies until an application for a preliminary or interlocutory injunction may be heard, and may only issue for good case stated in the pleadings, or affidavit filed therein, for a period of not more than ten (10) days.

CRITICAL

Applies to

Pleading seeking execution

In covered real-property actions, the party must file one of the specified title documents with the pleading seeking execution, except for the stated in rem tax foreclosure actions.

In every real property action subject to execution by sheriff's sale, with the exception of in rem tax foreclosure actions brought by the prosecuting attorney under R.C. 5721.18(C), the party shall file simultaneously with the pleading seeking execution, one of the following covering the subject real estate: (1) preliminary judicial report, (2) preliminary letter for guaranteed certificate of title, (3) a commitment for title guaranty, or (4) a commitment for

CRITICAL

Applies to

Guardian ad litem order of appointment

The Order of Appointment must state the Guardian ad litem’s role, when the appointment ends, and that the Guardian ad litem will receive notice of all hearings and proceedings and copies of all filed case documents.

The Court shall enter an Order of Appointment which shall include: (a) A statement regarding whether a person is being appointed as a Guardian ad litem only or as a Guardian ad litem and attorney for the child. (b) A statement that the appointment shall remain in effect until discharged by order of the Court, by the Court filling a final order in the case or by Court rule. (c) A statement that the Guardian ad litem shall be given notice of all hearings and proceedings and shall be provided a copy of all pleadings, motions, notices and other documents filed in the case.

CRITICAL

Applies to

Complaint or petition

A complaint or petition must state the plaintiffs’ addresses somewhere other than the caption.

the address of the parties plaintiff shall be noted on the complaint or petition in some convenient place other than the caption thereof.

CRITICAL

Applies to

Personal private information envelope

The separate envelope must state that its contents are non-public, for court and clerk use only, and require a court order for anyone else to view them.

THE ENCLOSED PERSONAL AND PRIVATE INFORMATION HAS BEEN DEEMED BY THE COURT AS NON-PUBLIC. IT IS FOR THE USE OF THE COURT AND CLERK OF COURT'S OFFICE ONLY. ANY OTHER PERSON MUST HAVE A COURT ORDER TO VIEW THE CONTENTS OF THIS ENVELOPE.

CRITICAL

Applies to

Title evidence update

The filed title update must show service of summons on all necessary parties.

The moving party shall file an update of the title evidence dated within thirty (30) days of the date of filing of the judgment of foreclosure and order of sales showing service of summons upon all necessary parties.

CRITICAL

Applies to

Guardian ad litem order of appointment

The Order of Appointment must make provisions for fees and expenses.

The Court shall make provisions for fees and expenses in the Order.

CRITICAL

Applies to

Praecipe for order of sale

One copy of the Property Description Approval Form must accompany the praecipe when it is submitted to the Clerk's Office.

One (1) copy of the Property Description Approval Form MUST BE ATTACHED to the Praecipe for Order of Sale when submitted to the Clerk of Court's Office.

CRITICAL

Applies to

Journal entry

Unless the Court prepares the entry or grants more time, counsel for the party in whose favor an order or judgment is rendered must prepare the proper journal entry within 10 days and submit it to adverse counsel.

Notwithstanding cases where the Court prepares its own entries, counsel for the party in whose favor an order or judgment is rendered shall, within ten (10) days thereafter, unless further time is given by the Court, prepare the proper journal entry and submit the same to counsel for the adverse party or parties.

CRITICAL

Applies to

Complaint, answer, counter complaint, petition, or motion in a domestic relations case without children

Domestic relations filings without children must include the listed forms and affidavits.

In all domestic relations cases (divorces, dissolutions and domestic relations post-decree actions) without children, the Court requires the following documents be filed at the time the complaint, answer or counter-complaint, petition or motion is filed: - -General Information Sheet for Domestic Relations Cases; - -Affidavit of Income and Expenses (Supreme Court of Ohio - Affidavit 1); ** - -Affidavit of Property (Supreme Court of Ohio - Affidavit 2); **

CRITICAL

Applies to

Property description approval form

The Property Description Approval Form must state the approved and verified legal description, parcel number, and deed reference number from the Property Deed.

Said Property Description Approval Form shall state the legal description, parcel number and deed reference number (taken from the Property Deed) that has been approved and verified true by the Court Auditor/Property Transfer Division.

WARNING

Applies to

Letter

A letter to the Court does not count as a proper filing.

Letters to the Court do not constitute proper filings.

WARNING

Applies to

Document

Documents should include the case caption and case number.

All documents should include the case caption (Names) and case number.

INFO

Applies to

Supporting data

Supporting data may be submitted as an affidavit, deposition, or other writing when appropriate.

Supporting data, where appropriate, may be submitted in the form of affidavit, deposition or other writings.

INFO

Applies to

General information sheet civil

Personal and private information such as Social Security numbers should be listed on the civil-case information sheet, which is kept in a separate envelope in the case file.

All personal and private information such as social security numbers should be listed on the General Information Sheet for civil cases which will be kept in a separate envelope within the case file.