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

Applies to

Video or paper transcript request form

A completed video or paper-transcript request form must be delivered to the assigned judge’s Judicial Assistant in person, by email, or by regular mail.

A completed Request for Video of Proceeding or Request for Paper Transcript (“Request Form” as set forth in Appendix E) must be sent to the Judicial Assistant for the Assigned Judge in person, by e-mail, or regular mail.

Applies to

Request to record or photograph court proceedings

A request to record or photograph court proceedings must include certification that the requester is familiar with the cited rules.

I certify that I am familiar with the contents of Mont. Co. C.P.R. 11.01 through Mont. Co. C.P.R. 11.04 and Rule 12 of the Rules of Superintendence for the Courts of Ohio.

Applies to

Request to conduct interview

Must include

local rule certificate

The request form must include a certification that the representative is familiar with the identified court rules.

I certify that I am familiar with the contents of Mont. Co. C.P.R. 11.01 through Mont. Co. C.P.R. 11.04 and Rule 12 of the Rules of Superintendence for the Courts of Ohio.

Applies to

Video request form

A video request form must identify the specific date and type of every requested proceeding.

The Request Form must indicate the specific date and type of all proceeding(s) being requested.

Applies to

Appeal transcript praecipe

An appeal-transcript requester must file a transcript praecipe with the Clerk.

The party requesting a transcript for an appeal shall file a praecipe for transcript with the Clerk.

Applies to

Appeal transcript request documents

The appeal requester must send the Judicial Assistant a time-stamped transcript praecipe and completed request form by personal delivery, email, or regular mail.

A time-stamped copy of the praecipe, along with a completed Request Form, must be sent to the Judicial Assistant for the Assigned Judge in person, by e-mail, or regular mail.

Applies to

Appeal transcript request form

An appeal transcript request form must identify the specific dates of the proceedings to be transcribed.

The Request Form must indicate the specific date(s) of the proceeding(s) to be transcribed.

Applies to

Non appeal transcript motion

Must include

proposed order

An indigent criminal defendant seeking a non-appeal transcript must file a motion and proposed order with the assigned judge.

If the party requesting a transcript for non-appeal purposes is an indigent criminal defendant, the party shall file a motion and proposed order with the Assigned Judge.

Applies to

Non appeal transcript order and request form

If the Assigned Judge grants the motion and signs the order, the sender must send a time-stamped order copy and completed Request Form to the Assigned Judge’s Judicial Assistant in person, by e-mail, or regular mail.

If the Assigned Judge grants the motion and signs the order, a time-stamped copy of the order with a completed Request Form must be sent to the Judicial Assistant for the Assigned Judge in person, by e-mail, or regular mail.

Applies to

Criminal filing

Every criminal filing must identify an alleged victim only as “alleged victim” or by initials.

In all criminal filings, an alleged victim shall be identified only as “alleged victim” or by initials.

Applies to

Notice of appeal

A party appealing an administrative agency order must file a Notice of Appeal with both the court and the agency, unless the Revised Code provides otherwise.

Unless otherwise provided in the Revised Code, any party appealing an order of an administrative agency shall file a Notice of Appeal with the court and the agency from which the appeal is taken.

Applies to

Written continuance request

Must include

proposed order

A written continuance request must be accompanied by a proposed order granting the requested continuance.

If the request is made in writing, it shall be accompanied by a proposed order granting the request.

Applies to

Motion to seal

A motion to seal must identify the requested access level and be filed under Rule 2.01.

The motion shall designate the requested level of access and must be filed pursuant to Rule 2.01.

Applies to

Motion to seal

Must include

proposed order

The filer must submit a Rule 6.03 proposed order designating the requested access level.

The filer shall also submit a proposed order, as provided in Rule 6.03, designating the level of access.

Applies to

Motion to seal

Documents proposed for sealing may not be attached to the sealing motion because the motion itself remains unsealed.

The documents that are petitioned to be filed under seal shall not be attached to the motion, as the motion will not be sealed.

Applies to

Written deposition transcript

The Clerk will not accept a written deposition transcript unless it is accompanied by a Notice of Filing Deposition Transcript and a Certification of Compliance.

The Clerk shall not accept any written deposition transcript unless it is accompanied by a Notice of Filing Deposition Transcript and Certification of Compliance.

Applies to

Written deposition transcript

The Notice of Filing Deposition Transcript must identify the deponent and deposition date and include the deposition officer’s Civ.R. 30 certification; the Certification of Compliance must certify counsel’s compliance with Rule 2.08 and Rule 6.04(D).

The Notice of Filing Deposition Transcript shall identify the deponent and the date the deposition was taken and include the certification of the officer who took the deposition in compliance with Civ.R. 30. The Certification of Compliance shall include a certification from counsel that the written deposition transcript is being filed in compliance with this Rule and Rule 6.04(D).

Applies to

Audio video deposition transcript

The court will not permit an audio/video deposition to be presented at trial or hearing unless the corresponding written transcript has been filed under Rule 2.08.

The court shall not accept or permit the audio/video version of the deposition transcript to be presented at trial or hearing unless a written transcript of the deposition has been filed in accordance with this Rule.

Applies to

Audio video deposition transcript

The audio/video deposition transcript must include all required deposition-officer certifications under Sup.R. 13 and the officer’s deposition log.

The audio/video version of the deposition transcript shall include all necessary certifications of the officer who took the audio/video deposition in compliance with Sup.R. 13. The officer’s log of the deposition shall be included with the certification.

Applies to

Financial disclosure fee waiver affidavit

A fee-waiver application must include the Ohio Supreme Court-approved Financial Disclosure/Fee Waiver Affidavit and the complaint or other filing that requires the fee.

If a party initiating a civil action is unable to pay the applicable security deposit as provided under this Rule, the party shall apply for a fee waiver by filing a Financial Disclosure/Fee Waiver Affidavit form approved by the Ohio Supreme Court, along with the complaint or other filing which requires a filing fee.

Applies to

Complaint or subsequent pleading

Unless the action is under R.C. 5721.18, the requesting party must endorse the specified initial certification on the complaint or subsequent pleading when a judicial real-estate sale is contemplated.

Other than proceedings under R.C. 5721.18, in every action filed in this court where a judicial sale of real estate is contemplated by the complaint or subsequent pleadings, the party requesting such sale shall endorse the following Certification upon the complaint or subsequent pleading:

Applies to

Instructions for service

A complaint, third-party complaint, or other filing requiring summons service must be accompanied by a separate Instructions for Service document.

When submitting any complaint, third-party complaint, or other filing requiring service of summons to the court’s e-File System, the filing party must also submit Instructions for Service as a separate document.

Applies to

Instructions for service

When a party’s service address is unknown, the filer must enter “unknown” in place of the address.

If the address of a party to be served is unknown, the filer shall substitute “unknown” for the address.

Applies to

Instructions for service

A party requesting waiver of service must file Instructions for Service with the Clerk stating that service is waived.

A party requesting waiver of service shall file Instructions for Service with the Clerk that indicate that service is waived.

Applies to

Certificate of service

Must include

certificate of service

The Certificate of Service must be signed and include prescribed language identifying e-file recipients and pro se recipients who are not registered e-File users.

The Certificate of Service shall be signed in accordance with these Rules, and shall contain the following language for each party entitled to service: I hereby certify that on [date] this document was e-Filed via the court’s e-File system which shall send notifications of this filing to the following: [list parties or their counsel who are registered users of the court’s e-File System]. I hereby certify that on [date] I served this document in accordance with [Civ.R. 5 or Crim.R. 49] on the following: [list pro se parties who are not registered users of the court’s e-File System].

Applies to

Civil process server appointment affidavit and order

Appointment as a Civil Process Server requires a combined affidavit and order in the prescribed form stating the applicant’s identifying information, age, non-party status, citizenship or legal residency, identification, criminal and supervision history, protection-order status, knowledge, professionalism, and agreement to follow applicable service requirements.

A person may be designated as a “Civil Process Server” for cases filed in the court by filing a combined affidavit and order in the form set forth in Appendix B to these Rules. The affidavit and order shall set forth the following information: (1) Personal Information. The name, address, and telephone number of the person to be appointed as a Standing Special Process Server; (2) Age. That the person is 18 years of age or older; (3) Non-Party. That the person agrees not to attempt service of process in any case in which the server is a party, related to a party to the proceeding, or has a financial interest in the outcome of the proceeding; (4) Citizenship Status. That the person is a citizen or legal resident of the United States; (5) Identification. That the person holds a valid government-issued identification card, passport, or driver’s license; (6) Law-Abiding. That the person has not been convicted in the last 10 years of any felony, offense of violence or offense involving dishonesty or false statement, and not currently under community control sanctions, probation, post-release control, or parole; (7) No CPO. That the person is currently not a respondent under any civil protection order; (8) Knowledge. That the person is familiar with the required procedure for service of process; (9) Professionalism. That the person will conduct themselves in a professional manner; and (10) Compliance. That the person agrees to follow the requirements of Civ.R. 4 through Civ.R. 4.6, any applicable local rule, and specific instructions for service of process as ordered by the court in individual cases.

Applies to

Joint final pretrial statement

All parties must prepare and file a joint final pretrial statement.

In all cases, all parties shall prepare and file a joint final pretrial statement.

Applies to

Joint final pretrial statement

The joint final pretrial statement must include the specified counsel, facts, disputed issues, stipulations, witnesses, experts, exhibits, motions, depositions, damages, trial-time estimates, proposed jury instructions, and settlement status.

The joint final pretrial statement shall include all of the following: (1) Identification of the chief trial counsel, who shall be fully authorized to act and negotiate on behalf of the party; (2) Those facts established by admissions in the pleadings, admissions by discovery, and stipulations of counsel; (3) The contested issues of fact; (4) The contested issues of law, together with citations of authority for the party's position; (5) Any stipulations of the parties, as well as proposed stipulations; (6) The names and addresses of any witnesses who may be called at trial, together with a brief summary of each witness' expected testimony; (7) The names, addresses and qualifications of any expert witnesses who may be called at trial, together with a brief summary of each expert witness' expected testimony; (8) A list of exhibits that may be offered into evidence. Exhibits must be marked, prior to trial, as follows: (a) Joint exhibits with Roman numerals; (b) Plaintiff's exhibits with Arabic numerals; (c) Defendant's exhibits with letters; (d) Third-party exhibits identified as such. (9) All motions in limine; (10) A complete list of all pending motions upon which the court has not yet issued a decision; (11) Any deposition that may be used at trial, which shall be filed and provided to the court in accordance with Rules 2.08 and 6.04; (12) A list of all special damages requested, if any; (13) The amount of trial time each party expects will be necessary to present that party's case; (14) Proposed jury instructions, which shall be filed separately; and (15) Status of settlement negotiations.

Applies to

Proposed jury instructions

Proposed jury instructions must be filed separately.

(14) Proposed jury instructions, which shall be filed separately;

Applies to

Judgment by confession

A judgment by confession must be written, identify the debt or cause of action decided, and be filed with the Clerk.

(1) Requirements. All judgments by confession shall be in writing, shall state the debt or cause of action decided, and shall be filed with the Clerk.

Applies to

Release or assignment

Releases and assignments of judgments or judgment certificates must be written and signed by an authorized person.

Releases and assignments of judgments or certificates of judgment shall be in writing and signed by a person authorized to execute the instrument.

Applies to

Motion to revive judgment

A motion to revive a dormant judgment must be accompanied by Instructions for Service to the Clerk.

Such motion shall be accompanied by Instructions for Service to the Clerk by the party seeking to revive the dormant judgment.

Applies to

Order certification

The requesting party must provide an additional title certification when a decree orders the sale of real estate.

Upon any decree subsequently issued which orders the sale of real estate, the party who requested said sale shall further certify:

Applies to

Certificate of service of notice of sale date

At least 14 days before the scheduled sale, the requesting party must file a Certificate of Service of Notice of Sale Date identifying the service date and manner, all record owners and interested parties or their counsel, their addresses, and the interested parties who received notice.

Not less than 14 days prior to the scheduled sale date, the party requesting the sale shall file a Certificate of Service of Notice of Sale Date specifying the date and manner of service of the notice required by R.C. 2329.26(A)(1)(a)(i), the names and addresses of all record owner(s) and interested parties or counsel of record for the record owner(s), and interested parties who were sent the notice.

Applies to

Final account

Within 30 days after completing receiver duties, the receiver must file a final account with appropriate records, receipts, or vouchers for approval by the appointing judge.

(e) Within 30 days after a receiver’s duties are completed, the receiver shall file a final account and appropriate records, receipts, or vouchers. All accounts must be approved by the Judge who appointed the receiver.

Applies to

Affidavit

Within 10 days after a receivership property sale, the receiver must file an affidavit stating that the property was sold for the best price obtainable.

A receiver must file an affidavit to this effect within 10 days after the sale.

Applies to

Final inventory

The receiver must file a final inventory of the receivership estate when the receiver's duties are finally discharged.

(1) Settling Accounts. A final inventory of a receivership estate shall be filed by the receiver upon the final discharge of the receivership duties.

Applies to

Compensation application

A receiver or counsel must file a written compensation application describing the services, time required, amount requested, and amounts previously received.

(2) Receiver Compensation. A receiver or the receiver’s counsel will not be compensated unless a written application is filed describing the services rendered, the time required, the amount requested for each service, and any amount previously received.

Applies to

Final verified account

A receiver or the receiver’s counsel will be compensated after filing a final verified account.

A receiver or the receiver’s counsel will be compensated after a final verified account has been filed.

Applies to

Confidentiality agreement

If the parties need confidentiality beyond the Ohio Uniform Mediation Act, they must execute a written confidentiality agreement before disclosing the information, but statutorily mandated information cannot be kept confidential.

If the parties believe that confidentiality beyond the parameters of the Ohio Uniform Mediation Act is necessary, then the parties shall execute a written confidentiality agreement prior to the disclosure of such information. Confidentiality shall not be afforded to information that is statutorily mandated to be reported.

Applies to

Withdrawal of appearance

In civil cases, an attorney may withdraw an appearance or have it stricken only upon written entry approved by the court.

No attorney who entered an appearance in any civil action shall withdraw the appearance, or have it stricken from the record, except upon written entry approved by the court.

Applies to

Withdrawal of appearance

In criminal cases, an attorney may withdraw an appearance or have it stricken only in open court in the presence of the defendant and upon written entry approved by the court.

No attorney who entered an appearance for any defendant in a criminal case shall withdraw the appearance, or have it stricken from the record, except in open court in the presence of the defendant and upon written entry approved by the court.

Applies to

Certificate of qualification for employment petition

CQE petitions must use the form prescribed by the Division of Parole and Community Services and be filed through the designated CQE website.

All petitions for a certificate of qualification for employment (“CQE”) shall be made on the form prescribed by the Division of Parole and Community Services under Ohio Adm.Code 5120-15-01 and filed through the designated website at https://drccqe.com.

Applies to

Proceeding record

A record must be made of all proceedings before the Magistrate.

A record shall be made of all proceedings before a Magistrate.

Applies to

Magistrates decision

After a hearing or trial, the Magistrate must issue a decision containing findings of fact and conclusions of law unless the Assigned Judge orders otherwise.

In accordance with Civ.R. 53, after a hearing or trial, the Magistrate shall issue a Magistrate’s Decision, including findings of fact and conclusions of law, unless otherwise ordered by the Assigned Judge.

Applies to

Journalized entry

After a jury trial, findings of fact and conclusions of law are unnecessary, but the Magistrate must file a journalized entry reporting the jury's actions.

No findings of fact and conclusions of law are required after a jury trial, but the Magistrate shall file a journalized entry reporting the actions of the jury.

Applies to

Objections and memoranda

Objections and memoranda supported by a video must cite a specific time designation from the recording.

All objections and memoranda supported by a video shall cite to a specific time designation on the recording.

Applies to

Judgment entry

If no objections to the Magistrate's Decision are filed, the Magistrate must prepare and submit a judgment entry to the Assigned Judge for approval.

If no objections to the Magistrate’s Decision are filed, the Magistrate shall prepare and submit a judgment entry to the Assigned Judge for approval.

Applies to

Discovery packet

The Discovery Packet must contain copies or photographs of the items listed in Crim.R. 16(B), subject to the stated exceptions.

The Discovery Packet shall contain copies or photographs of the items listed in Crim.R. 16(B), except as provided in divisions (C), (D), (E), (F), or (J) of that rule.

Applies to

Discovery packet

The prosecuting attorney and defendant must execute a receipt for the Discovery Packet, and the receipt must be filed of record.

A receipt for the Discovery Packet shall be executed by the prosecuting attorney and the defendant, and shall be filed of record.

Applies to

Witness list

Witness lists may omit possible rebuttal witnesses but must include every witness named in a Crim.R. 12.2 Notice of Self-Defense.

The lists need not include possible rebuttal witnesses, but shall include any witness named in a Crim.R. 12.2 Notice of Self-Defense.

Applies to

Witness list

Failure to file a written witness list may result in excluding testimony from witnesses not identified in the list.

Failure to file a written list of witnesses may result in the exclusion of the testimony of any witnesses who were not so identified.

Applies to

Continuance order

Any order granting a continuance must state the new date for the continued conference, hearing, or trial.

Any order granting a continuance shall set forth the date to which the conference, hearing, or trial is continued.

Applies to

Motion

Every motion must be accompanied by a written memorandum stating the grounds with particularity, identifying the relief or order sought, and specifying the authorities relied upon.

A brief written memorandum that (i) states with particularity the grounds in support of the motion, (ii) sets forth the relief or order sought, and (iii) specifies the citations of the authorities upon which the motion is based;

Applies to

Motion

A motion requiring consideration of facts outside the record must be accompanied by all supporting evidence.

All evidence in support of the motion if the motion requires the consideration of facts that do not appear in the record;

Applies to

Motion

Must include

proposed order

Parties need not file a proposed order or entry ruling on a substantive motion unless the court orders otherwise.

A proposed order or entry ruling on the motion filed in accordance with these Rules. Substantive motions do not require a proposed order or entry to be filed unless otherwise ordered by the court.

Applies to

Notice of appearance

An attorney may not appear at any proceeding until a notice of appearance has been properly made and filed.

Until a notice of appearance has been properly made and filed, an attorney shall not be entitled to appear at any proceeding.

Applies to

Materials submitted to court

Must include

ai disclosure

An attorney or self-represented litigant who uses GenAI must disclose that use to the Court at the time of submission and include a general description of the GenAI and its role in preparing the materials.

If an attorney or self- represented litigant uses GenAI in the preparation of materials submitted to the Court, such use shall be disclosed to the Court. The disclosure must be made at the time of the submission, and must include a general description of the GenAI used and its role in the preparation of the materials.

Applies to

Certification

Must include

ai disclosure

The required GenAI disclosure must be made in a certification verifying the filer's review for accuracy, validity, and relevancy and certifying compliance with legal and ethical standards.

The disclosure shall be made in a certification which verifies that the materials have been reviewed by the filer for accuracy, validity, and relevancy, and which certifies that the materials meet all legal and ethical standards.

Applies to

Materials submitted to court

Must include

ai disclosure

The GenAI disclosure certification must be attached to the materials submitted to the Court.

The certification shall be attached to the materials submitted.

Applies to

Opposition

An opposing party must file and serve an opposition memorandum together with all appropriate evidence.

A party opposing a motion shall file and serve a memorandum in opposition to the motion with all appropriate evidence.

Applies to

Additional memoranda

A party may not file an additional memorandum without leave of the court.

No additional memoranda shall be filed without leave of the court.

Applies to

Subsequent filings

Must include

caption, case number

After consolidation, every subsequent filing must identify all case numbers in the caption and be entered on the docket for each case.

If cases are consolidated pursuant to this Rule, all subsequent filings shall identify all the case numbers in the caption and shall be entered on the docket for each case.

Applies to

E filed document

Every e-filed document must have an appropriate title matching the Document Type Category selected in the e-filing system.

All e-Filed documents must have an appropriate title that matches the “Document Type Category” that is selected in the e-File System.

Applies to

E filed document

An e-filed document requiring an attorney's or filing party's signature must use the conformed signature format “/s/ [name].”

e-Filed documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/ [name].”

Applies to

Attorney signature block

An attorney's conformed signature block must follow the prescribed format and include the attorney's name, bar number, party representation, firm, address, and available contact information.

The correct format for an attorney’s conformed signature is as follows: /s/Attorney Name Attorney Name [name] Bar Number 1234567 Attorney for [Plaintiff/Defendant] XYZ Corporation ABC Law Firm Address Telephone Number Facsimile Number (if any) Business E-mail address (if any)

Applies to

Pro se signature block

A pro se party's conformed signature block must follow the prescribed format and include the party's name, address, and available contact information.

The correct format for a pro se party’s conformed signature is as follows: /s/Party Name Party Name [name] Address Telephone Number Facsimile Number (if any) Personal E-mail Address (if any)

Applies to

E filed document

A conformed signature satisfies applicable signature requirements, and an e-filed signature is attributed to the attorney or party it purports to represent for all purposes.

The conformed signature on an e-Filed document is deemed to constitute a signature on the document for purposes of signature requirements imposed by the Rules of Superintendence for the Courts of Ohio, the Ohio Rules of Civil Procedure, the Ohio Rules of Criminal Procedure, and any other legal authority. Any signature on an e-Filed document shall be considered that of the attorney or party it purports to be for all purposes.

Applies to

E filed document

If a document was transmitted without authority, the court must order it stricken.

If it is established that a document was transmitted without authority, the court shall order the document stricken.

Applies to

Document requiring two or more signatures

For a document requiring multiple signatures, the filer must obtain all signers' approval, indicate their agreement in the document, and identify each signatory through a conformed signature when e-filing.

When a stipulation or other document requires two or more signatures, the filer shall: (i) confirm that the content of the document is acceptable to all persons required to sign the document; (ii) indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line; and (iii) e-File the document, indicating the signatories, e.g., /s/ Paralegal Jane Doe, /s/ John Smith, etc.

Applies to

Document requiring original signature

A filer must retain the signed document, make it available when the court requests it, and preserve it until the case is closed and all appeal and post-judgment periods or proceedings are exhausted.

The filer shall maintain the signed document in the filer’s records and have it available for production upon request of the court. The signed document shall be maintained until the case is closed and the time for appeal has expired, or the appeal has been heard or denied and all opportunities for post-judgment relief are exhausted.

Applies to

Non appeal transcript request

After approval of a non-appeal transcript motion, the requester must send the Judicial Assistant a time-stamped order and completed Request Form identifying the proceeding dates.

If the Assigned Judge grants the motion and signs the order, a time-stamped copy of the order with a completed Request Form must be sent to the Judicial Assistant for the Assigned Judge in person, by e-mail, or regular mail. The Request Form must indicate the specific date(s) of the proceeding(s) to be transcribed.

Applies to

Efiled document

Every e-filed document must have an appropriate title matching the Document Type Category selected in the e-File System.

All e-Filed documents must have an appropriate title that matches the “Document Type Category” that is selected in the e-File System.

Applies to

Materials submitted to court

An attorney or self-represented litigant who uses GenAI to prepare or edit court materials remains responsible for reviewing their accuracy, validity, relevancy, and compliance with applicable legal and ethical standards.

An attorney or self-represented litigant who has used GenAI in the preparation, including the editing, of materials submitted to the Court is responsible for reviewing the accuracy, validity, and relevancy of the materials, and for ensuring the materials meet all legal and ethical standards, including any standards set forth in these Rules, the Ohio Rules of Procedure and the Ohio Rules of Professional Conduct.

Applies to

Efiled document

An e-filed document requiring an attorney’s or filing party’s signature must use the conformed signature format “/s/ [name].”

e-Filed documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/ [name].”

Applies to

Efiled document

An attorney’s conformed signature block must include the attorney’s name, bar number, party representation, firm, address, telephone number, and any applicable facsimile and business email information.

The correct format for an attorney’s conformed signature is as follows: /s/Attorney Name Attorney Name [name] Bar Number 1234567 Attorney for [Plaintiff/Defendant] XYZ Corporation ABC Law Firm Address Telephone Number Facsimile Number (if any) Business E-mail address (if any)

Applies to

Efiled document

A pro se party’s conformed signature block must include the party’s name, address, telephone number, and any applicable facsimile and personal email information.

The correct format for a pro se party’s conformed signature is as follows: /s/Party Name Party Name [name] Address Telephone Number Facsimile Number (if any) Personal E-mail Address (if any)

Applies to

Criminal filing

In all criminal filings, an alleged victim must be identified only as “alleged victim” or by initials.

In all criminal filings, an alleged victim shall be identified only as “alleged victim” or by initials.

Applies to

Motion to seal

Must include

proposed order

A filer seeking to file a document under seal must also submit a proposed order designating the requested level of access.

The filer shall also submit a proposed order, as provided in Rule 6.03, designating the level of access.

Applies to

Written deposition transcript

A written deposition transcript must be accompanied by both a Notice of Filing Deposition Transcript and a Certification of Compliance.

(3) Notice and Certification. The Clerk shall not accept any written deposition transcript unless it is accompanied by a Notice of Filing Deposition Transcript and Certification of Compliance.

Applies to

Audio video deposition

An audio or video deposition transcript may not be presented unless the corresponding written transcript has been filed in accordance with the rule.

(2) Transcript Required to be Filed. The court shall not accept or permit the audio/video version of the deposition transcript to be presented at trial or hearing unless a written transcript of the deposition has been filed in accordance with this Rule.

Applies to

Audio video deposition

An audio or video deposition transcript must include the required deposition-officer certifications and the officer’s deposition log.

(3) Certification Required. The audio/video version of the deposition transcript shall include all necessary certifications of the officer who took the audio/video deposition in compliance with Sup.R. 13. The officer’s log of the deposition shall be included with the certification.

Applies to

Instructions for service

A filing party submitting a summons-requiring filing electronically must file separate Instructions for Service identifying each party to be served and that party's address, using “unknown” when an address is unavailable.

When submitting any complaint, third-party complaint, or other filing requiring service of summons to the court’s e-File System, the filing party must also submit Instructions for Service as a separate document. The Clerk will not accept Instructions for Service that do not designate the names and addresses of the parties to be served. If the address of a party to be served is unknown, the filer shall substitute “unknown” for the address.

Applies to

Instructions for service

A party requesting waiver of service must file Instructions for Service stating that service is waived.

A party requesting waiver of service shall file Instructions for Service with the Clerk that indicate that service is waived.

Applies to

Certificate of service

Must include

certificate of service

Each Certificate of Service must be signed under the rules and use the specified language identifying registered electronic-filing recipients and pro se recipients served under the applicable procedural rule.

The Certificate of Service shall be signed in accordance with these Rules, and shall contain the following language for each party entitled to service: I hereby certify that on [date] this document was e-Filed via the court’s e-File system which shall send notifications of this filing to the following: [list parties or their counsel who are registered users of the court’s e-File System]. I hereby certify that on [date] I served this document in accordance with [Civ.R. 5 or Crim.R. 49] on the following: [list pro se parties who are not registered users of the court’s e-File System].

Applies to

Notice of remand

The required Notice of Remand must be accompanied by a copy of the appellate decision.

To advise the court that a matter has been remanded, the parties shall file a Notice of Remand within 10 days after the appellate decision is issued, along with a copy of that decision.

Applies to

Motion

Each motion must be accompanied by a brief written memorandum stating the grounds, requested relief, and supporting authority citations.

A brief written memorandum that (i) states with particularity the grounds in support of the motion, (ii) sets forth the relief or order sought, and (iii) specifies the citations of the authorities upon which the motion is based;

Applies to

Motion

A motion requiring consideration of facts outside the existing record must be accompanied by all supporting evidence.

All evidence in support of the motion if the motion requires the consideration of facts that do not appear in the record;

Applies to

Motion

Must include

proposed order

A proposed order generally must accompany a motion, but substantive motions need one only if the court orders it; failure to comply may result in striking the motion with leave to refile.

A proposed order or entry ruling on the motion filed in accordance with these Rules. Substantive motions do not require a proposed order or entry to be filed unless otherwise ordered by the court. The failure to file a proposed order in accordance with this rule may result in the motion being stricken with leave to refile in compliance herewith; and

Applies to

Opposition

A party opposing a motion must file and serve an opposition memorandum containing all appropriate evidence.

A party opposing a motion shall file and serve a memorandum in opposition to the motion with all appropriate evidence.

Applies to

Joint final pretrial statement

In all cases, all parties must prepare and file a joint final pretrial statement at least two business days before the scheduled final pretrial conference.

(A) Joint Filing In all cases, all parties shall prepare and file a joint final pretrial statement. The joint final pretrial statement shall be filed at least two business days prior to the date and time of the scheduled final pretrial conference.

Applies to

Judgment by confession

A judgment by confession must be in writing, state the debt or cause of action decided, and be filed with the Clerk.

All judgments by confession shall be in writing, shall state the debt or cause of action decided, and shall be filed with the Clerk.

Applies to

Termination entry

When a case ends by default judgment, summary judgment, dismissal, settlement, or trial, the docket must contain an entry identified as a final judgment or dismissal entry.

When the case is completed, whether by default judgment, summary judgment, dismissal, settlement or trial, an entry terminating the case shall be indicated on the docket as a final judgment or dismissal entry.

Applies to

Complaint or subsequent pleading

When a judicial real-estate sale is contemplated, the requesting party must endorse the prescribed public-record examination certification on the complaint or later pleading.

The undersigned hereby certifies that an examination of the public records of Montgomery County, Ohio, has been made to determine the ownership of subject real estate and all parties who may claim an interest therein, and that, in the opinion of the undersigned, all interested parties have been named as parties to this action, [state as exceptions any interested party not so named].

Applies to

Appeal transcript request

An appeal transcript request requires filing a praecipe and sending a time-stamped copy with a completed Request Form to the Judicial Assistant.

The party requesting a transcript for an appeal shall file a praecipe for transcript with the Clerk. A time-stamped copy of the praecipe, along with a completed Request Form, must be sent to the Judicial Assistant for the Assigned Judge in person, by e-mail, or regular mail.

Applies to

Title examination certification

When a decree orders a judicial real-estate sale, the requesting party must provide the prescribed extended title-examination certification.

The undersigned hereby certifies that the examination of title to subject real estate has been extended to [date] to determine if any parties have acquired any interest therein subsequent to the previous examination and the extended examination discloses that, in the opinion of the undersigned, there are no such parties except parties to whom the doctrine of lis pendens applies, [state as further exceptions any such party not subject to lis pendens].

Applies to

Motion

A motion requesting a private selling officer must establish that the officer is an Ohio resident with both specified Ohio licenses.

The motion shall establish that the requested private selling officer is an Ohio resident licensed as both an auctioneer under Chapter 4707 of the Revised Code and a real estate broker or real estate salesperson under Chapter 4735 of the Revised Code.

Applies to

Order authorizing private sale

A private selling officer may conduct the sale only if the court enters an order authorizing that officer to sell the property.

The property may only be sold by a private selling officer if the court files an order authorizing the private selling officer to sell the property.

Applies to

Certificate of service of notice of sale date

At least 14 days before the scheduled sale, the requesting party must file a Certificate of Service of Notice of Sale Date containing the specified service, owner, party, address, and counsel information.

Not less than 14 days prior to the scheduled sale date, the party requesting the sale shall file a Certificate of Service of Notice of Sale Date specifying the date and manner of service of the notice required by R.C. 2329.26(A)(1)(a)(i), the names and addresses of all record owner(s) and interested parties or counsel of record for the record owner(s), and interested parties who were sent the notice.

Applies to

Sale announcement

Before a judicial sale, the conducting official must announce that successful bidders have 30 days from the sale date to obtain a title examination.

Prior to a sale, the Sheriff, deputy, or the private selling officer who is conducting the sale shall announce that successful bidder(s) shall have 30 days from the date of sale to obtain an examination of title to the real estate.

Applies to

Motion for receiver

A motion for appointment of a receiver must include a list of persons to be considered for the receivership.

In all cases in which a receiver is requested pursuant to R.C. 2735.01, the moving party must file a motion for the appointment of a receiver, which shall include a list of persons to be considered for the receivership.

Applies to

Motion for receiver

A motion for appointment of a receiver must include a schedule of secured and unsecured creditors unless the court orders otherwise.

A moving party shall attach a schedule of secured and unsecured creditors to the motion unless otherwise ordered by the court.

Applies to

Motion for receiver

If the identities of secured or unsecured creditors are unknown, the motion for appointment of a receiver must state that fact.

If the moving party does not know the identities of the secured or unsecured creditors, the moving party shall so state in the motion for appointment of a receiver.

Applies to

Motion for receiver

A receiver motion based on an open account or other claims not reduced to judgment must show a right to equitable relief.

A moving party must show a right to equitable relief when a motion to appoint a receiver is based upon an open account or other claims not in judgment.

Applies to

Consent to receiver appointment

A defendant who consents to receiver appointment must file a verified statement of current assets and liabilities and a written consent statement.

Whenever a defendant consents to the appointment of a receiver, the defendant shall file a verified statement of all current assets and liabilities, and a written Statement of Consent to the appointment.

Applies to

Receiver oath

The moving party must file a certified copy of the receiver’s oath.

The moving party shall file a certified copy of the receiver’s oath.

Deadline

30 days

Applies to

Inventory

A receiver appointed under R.C. 2735.01(A)(6) must file an inventory within 30 days.

A receiver appointed pursuant to R.C. 2735.01(A)(6) shall, within 30 days: (i) File an inventory;

Applies to

List of claims

A receiver appointed under R.C. 2735.01(A)(6) must file a list of all claims after the claims-filing period expires.

File a list of all claims with the court after the specified time for filing has expired.

Deadline

30 days

Applies to

Receiver operating reports

A receiver permitted to operate a business as a going concern must file the required operating reports within 30 days after appointment and monthly thereafter.

All receivers who are permitted to operate a business as a going concern shall file with the court the following within 30 days after the appointment, and monthly thereafter:

Applies to

Receiver operating reports

The receiver’s required operating reports must include a balance sheet and an operating statement of income and expenditures containing the specified accrual, inventory, business-condition, expense, interest, and depreciation information.

A statement of the receiver’s operation which shows a balance sheet for the period; and (ii) An operating statement of income and expenditures that includes: necessary accruals that make a comprehensive statement of profit and loss for the period; a list of estimated inventory; peculiar conditions existing in the business; and a list of the expenses of operation, current interest accrued on loans during the reporting period, and depreciation on buildings, machinery, and equipment.

Deadline

90 days

Applies to

Receipts and disbursements report

A receiver in a real-estate foreclosure case must file a report of receipts and disbursements every 90 days.

A receiver appointed in a real estate foreclosure case shall have the following duties and powers: (i) Take charge of the property pending litigation and preserve the property from waste or destruction; receive rents and profits; hold any income subject to order of the court; sue in forcible entry in the receiver’s name and capacity; and every 90 days, file a report of receipts and disbursements.

Applies to

Final account

The receiver must file a final account and appropriate supporting records, receipts, or vouchers, and the appointing judge must approve the account.

(e) Within 30 days after a receiver’s duties are completed, the receiver shall file a final account and appropriate records, receipts, or vouchers. All accounts must be approved by the Judge who appointed the receiver.

Applies to

Notice of sale

A receiver must give notice of a necessary property sale to all claim-having creditors and interested parties, stating the time, place, and terms of the sale.

(1) Notice. When it becomes necessary to sell property, notice of such sale shall be given to all creditors who have filed claims and to all interested parties. The notice must include the time, place and terms of the sale.

Applies to

Affidavit

A receiver must file an affidavit documenting the best-price sale terms within 10 days after the sale.

(2) Property Sale. No sale shall be made to a former owner or any person interested in the business or operation of the receivership until notice is served on all creditors fixing a date for confirmation of the sale. Sales of property shall be for the best price obtainable. A receiver must file an affidavit to this effect within 10 days after the sale.

Applies to

Final inventory

When the receiver finally completes the receivership duties, the receiver must file a final inventory of the receivership estate.

(1) Settling Accounts. A final inventory of a receivership estate shall be filed by the receiver upon the final discharge of the receivership duties.

Applies to

Mediation conference statement

Each party must submit its mediation conference statement directly to the mediator no later than 10 days before the mediation conference.

No later than 10 days prior to the mediation conference, a party shall submit its mediation conference statement directly to the mediator.

Applies to

Mediation conference statement

Mediation conference statements must not be filed with the court.

Mediation conference statements are not to be filed.

Applies to

Agreed final dismissal entry

When mediation produces a settlement, the parties must give notice to the Assigned Judge and file an agreed final dismissal entry for the judge’s approval within 30 days of the notice.

Parties shall provide the notice of settlement to the Assigned Judge and shall file an agreed final dismissal entry for approval by the Assigned Judge within 30 days of the Notice.

Applies to

Witness list

The prosecuting attorney and defendant must each file a written witness list no later than seven days before trial.

No later than seven days before trial, the prosecuting attorney and defendant shall each file a written list of witnesses.

Applies to

Notice of appearance

An attorney may not appear at a proceeding until a notice of appearance has been properly made and filed.

Until a notice of appearance has been properly made and filed, an attorney shall not be entitled to appear at any proceeding.

Applies to

Notice of appearance

In a civil case, counsel may appear by signing a pleading or motion, but counsel filing a motion or a pleading other than the original complaint or answer must also file a notice of appearance.

In civil cases, a notice of appearance by counsel may be effected by signature of counsel on a pleading or motion. If the appearance is effected by the filing of a motion or by a pleading other than the original complaint or original answer to a complaint, the attorney shall also file a notice of appearance.

Applies to

Notice of appearance

In a criminal case, counsel must use a court-provided form or file a notice of appearance to appear.

In criminal cases, a notice of appearance by counsel shall be on a form provided by the court or by filing a notice of appearance.

Applies to

Appeal transcript request form

An appeal transcript Request Form must identify the specific dates of the proceedings to be transcribed.

The Request Form must indicate the specific date(s) of the proceeding(s) to be transcribed.

Applies to

Motion for non appeal transcript

Must include

proposed order

An indigent criminal defendant seeking a non-appeal transcript must file a motion and proposed order with the Assigned Judge.

If the party requesting a transcript for non-appeal purposes is an indigent criminal defendant, the party shall file a motion and proposed order with the Assigned Judge.

Applies to

Non appeal transcript request form

A non-indigent individual seeking a non-appeal transcript must send the Judicial Assistant a Request Form identifying the proceeding dates.

If the individual requesting a transcript for non-appeal purposes is not an indigent criminal defendant, a copy of the Request Form must be sent to the Judicial Assistant for the Assigned Judge in person, by e-mail, or regular mail. The Request Form must indicate the specific date(s) of the proceeding(s) to be transcribed.

Applies to

Materials submitted to court

A filer may not substitute GenAI for legal research or judicial judgment when preparing court materials.

GenAI shall not be treated as a substitute for legal research or judgment.

Applies to

Materials submitted to court

Must include

ai disclosure

An attorney or self-represented litigant who uses GenAI in preparing court materials must disclose that use at submission and generally describe the GenAI and its role in preparing the materials.

If an attorney or self- represented litigant uses GenAI in the preparation of materials submitted to the Court, such use shall be disclosed to the Court. The disclosure must be made at the time of the submission, and must include a general description of the GenAI used and its role in the preparation of the materials.

Applies to

Materials submitted to court

Must include

ai disclosure

GenAI-use disclosure must be made in a certification attached to the submitted materials, verifying the filer’s review for accuracy, validity, and relevancy and certifying compliance with all legal and ethical standards.

The disclosure shall be made in a certification which verifies that the materials have been reviewed by the filer for accuracy, validity, and relevancy, and which certifies that the materials meet all legal and ethical standards. The certification shall be attached to the materials submitted.

Applies to

Request to record or photograph court proceedings

Must include

local rule certificate

A request to record or photograph court proceedings must include a certification of familiarity with the specified recording rules.

I certify that I am familiar with the contents of Mont. Co. C.P.R. 11.01 through Mont. Co. C.P.R. 11.04 and Rule 12 of the Rules of Superintendence for the Courts of Ohio.

Applies to

Notice of remand

A Notice of Remand must state that a party intends to pursue further appellate proceedings that may prevent the court’s jurisdiction from being fully restored.

If any party intends to pursue further appellate proceedings that might prevent the court’s jurisdiction from being fully restored, the Notice of Remand shall so advise.

Applies to

Proceeding record

A party objecting to findings of fact may use either a transcript or a video of the Magistrate proceedings.

When objecting to findings of fact, an objecting party may file either a transcript or a video of the proceedings before the Magistrate in lieu of a transcript.

Applies to

Jury summons

The jury summons must explain the response deadline, required response process, and consequences of failing to respond.

The summons shall clearly explain how and when the recipient must respond and the consequences of a failure to respond.

Applies to

Reply brief

A moving party may file a reply memorandum only when the Ohio Rules of Civil Procedure permit a reply.

If the Ohio Rules of Civil Procedure permit the moving party to file a reply, a moving party may file a reply memorandum.

Applies to

Judicial filing

A judge or judicial officer may electronically sign a document by combining a digitized signature image with a digital signature, and the document has the same effect as a handwritten, journalized signature.

e-Filed documents may be signed by a Judge or other judicial officer via a digitized image of the Judge’s or judicial officer’s signature combined with a digital signature. All orders, decrees, judgments and other documents signed in this manner shall have the same force and effect as if the Judge or judicial officer had affixed a handwritten signature to a paper copy of the document and journalized it.

Applies to

Efiled document

A conformed signature on an e-filed document satisfies the stated signature requirements under the Rules of Superintendence, Ohio civil and criminal procedural rules, and other legal authority.

The conformed signature on an e-Filed document is deemed to constitute a signature on the document for purposes of signature requirements imposed by the Rules of Superintendence for the Courts of Ohio, the Ohio Rules of Civil Procedure, the Ohio Rules of Criminal Procedure, and any other legal authority.