Morrow County Court of Common Pleas, Ohio Document Filing Requirements

CRITICALCivil cases

Applies to

Partial account

All remaining assets must be exhibited or accounted for when a partial account is filed.

The Court requires that all remaining assets be exhibited and/or accounted for at the time of filing a partial account.

CRITICALCivil cases

Applies to

Discovery papers

The clerk will not accept listed discovery materials unless accompanied by a certification that they are filed by court order or for use as evidence in a motion or proceeding.

The Clerk of Courts shall not accept for filing depositions, transcripts, interrogatories, requests for documents, requests for admissions, answers and responses thereto unless they are accompanied by a certification that said documents are being filed on order of the Court, or for use as evidence in a motion or proceeding.

CRITICAL

Applies to

Conveyance order

The conveyance request form has the defendant’s attorney affirmatively represent that the defendant’s place of imprisonment has been determined.

Defendant’s Attorney hereby requests conveyance of the Defendant, for the purpose of a Pre-Trial Conference herein on , and affirmatively represents to the Court that he/she has determined where the Defendant is imprisoned.

CRITICALCivil cases

Applies to

Settlement proceeds

The applicants’ attorney or the payer must acknowledge responsibility for depositing the funds and giving the financial institution a copy of the entry.

Pursuant to Sup. R. 67 (C), the attorney representing the applicants or the payer in the matter shall acknowledge responsibility for depositing the funds and providing the financial institution with a copy of the entry.

CRITICALCivil cases

Applies to

Application to relieve estate from administration or summary release

An application to relieve an estate from administration or for summary release must be accompanied by a copy of the decedent’s death certificate exhibited to the Court.

21.3 Upon the filing of an Application to Relieve an Estate from Administration or for Summary Release, the applicant shall exhibit to the Court a copy of the decedent’s death certificate.

CRITICAL

Applies to

Notice of court decision

If the petition is denied, the notice must include any conditions on subsequent filings and state that a final appealable order has been filed.

If denied, the notice shall include conditions, if any, placed on subsequently filings and language that a final appealable order has been filed.

CRITICAL

Applies to

Affidavit of indigency

A person requesting appointed counsel must complete the prescribed affidavit of indigency and provide all requested information.

The individual requesting appointment of an attorney will complete an affidavit of indigency, using the form prescribed by the Public Defender’s Office for the State of Ohio. All information requested on the affidavit must be provided.

CRITICALCivil cases

Applies to

Settlement offer

Each settlement offer must address the division of marital assets and liabilities, spousal support when applicable, and parental care, support, and parenting time when applicable.

Each settlement offer shall deal with: (a) The division of all marital assets and liabilities including items of personal property and pensions. (b) Spousal support where applicable. (c) Allocation of Parental Care, support and parenting time where applicable.

CRITICAL

Applies to

Child support order

When an order involves child support, it must include the notice requiring the obligee and obligor to notify CSEA immediately of reasons support should terminate, including the listed reasons.

Additionally, if there is support for children involved, the following notices shall be included in the order: NOTICE TO REPORT REASON WHY SUPPORT SHOULD TERMINATE Pursuant to R.C. Sections 3119.87 and 3119.88 1. The Child Support Obligee and Obligor shall immediately notify the CSEA of any reason for which the child support order should terminate. Reasons for which a child support order should terminate include any of the following: a. The child’s attainment of the age of majority if the child no longer attends an accredited high school on a full-time basis; b. The child ceasing to attend an accredited high school on a full-time basis after attaining the age of majority; c. The child’s death; d. The child’s marriage; e. The child’s emancipation; f. The child’s enlistment in the armed services;

CRITICALCivil cases

Applies to

Criminal background checks and petitioners accounts

Criminal background checks required by the cited statute and petitioners’ accounts must be filed in adoption cases, except stepparent adoptions.

The criminal background checks required pursuant to Section 2151.86 (B) of the Ohio Revised Code and petitioner’s accounts shall be filed in all adoption cases, except in a stepparent adoption matter.

CRITICALCivil cases

Applies to

Pretrial order

At the end of the pretrial conference, a pretrial order must set a date and time certain for trial.

At the conclusion of the pretrial conference, a pretrial order shall set the matter for a date and time certain for trial.

CRITICAL

Applies to

Motion

Must include

proposed order

Where appropriate, the moving party shall submit a proposed Judgment Entry in support of the motion.

Where appropriate, the moving party shall submit a proposed Judgment Entry in support of the motion.

CRITICALCivil cases

Applies to

Complaint

A person or agency filing an abuse, neglect, or dependency complaint must include a completed copy of the attached summons-information form.

IT IS THERFORE ORDERED, ADJUDGED, AND DECREED that any person or agency that files a complaint pursuant to R.C. 2152.27 alleging a child or children to be abused, neglected, or dependent, shall contemporaneously file a completed copy of the form attached hereto and incorporated herein to inform the Clerk of the Juvenile Court regarding the identity of necessary or proper parties to the case and to facilitate the proper service of the summons and complaint.

CRITICAL

Applies to

Default judgment

At the time designated for default judgment, a party seeking unliquidated damages or entitled to a jury trial must present proper evidence supporting the pleading allegations.

16.01 In all cases where a party is seeking unliquidated damages, or is entitled to a jury trial, at the time designated for default judgment, the party entitled to such judgment shall present proper evidence in support of the allegations in the pleadings for consideration by the Court, and judgment shall be rendered according to the evidence and the law applicable.

CRITICALCivil cases

Applies to

Motion

All other motions must seek a single form of relief and may not contain multiple branches or alternative requests, but may also request appointment of a process server and/or attorney fees.

All other motions shall contain a single request for relief and shall not contain multiple branches or alternative requests for relief, except that in addition to the single request for relief a motion may contain a request for appointment of a process server and/or attorney fees.

CRITICALCivil cases

Applies to

Complaint

Every complaint must include a case designation sheet and each party’s name and address, identify the assigned judge and case number if known, and review the stated General Filing Requirements.

Every complaint shall include: A. Case designation sheet; B. Shall include the name and address, of each party; C. Name of Judge to whom the case is assigned (if known); D. The case number (if known); E. Review the General Filing Requirements stated above.

CRITICALCivil cases

Applies to

Child support worksheet

Child support worksheets must be filed with a dissolution petition or an uncontested-divorce hearing assignment request when the marriage has minor or otherwise unemancipated children.

Child support worksheets shall be filed with any petition for dissolution of marriage or any request for assignment of an uncontested divorce hearing in which there are minor or otherwise unemancipated children who are issue of the marriage.

CRITICALCivil cases

Applies to

Fiduciarys acceptance

Every executor and administrator must personally sign and file Form 4.0A before Letters of Authority are issued.

All executors and administrators shall personally sign and file the Fiduciary’s Acceptance, Form 4.0A, prior to the issuance of the Letters of Authority.

CRITICAL

An oral hearing on a motion is set only if the Court orders one or the party seeking it demonstrates the need in writing before the 14-day period expires.

14.01 Motions shall, at the discretion of the Court, be ruled upon pursuant to Civil Rule 7(B) (2). Oral hearings on motions shall be set only where the Court orders such or where the party desiring an oral hearing demonstrates the need for such in writing prior to the expiration of fourteen (14) days.

CRITICAL

Applies to

Motion

A party requesting an oral hearing must state the request in both the motion and its caption.

If a party wants an oral hearing on the motion, the party is to set this out in the motion and in the caption.

CRITICAL

Applies to

Financial disclosure affidavit of indigency

Anyone seeking to file pleadings without a deposit or security for costs must complete a financial disclosure or affidavit of indigency.

Any person seeking to file pleadings without posting a deposit or security for costs shall complete a financial disclosure/affidavit of indigency.

CRITICALCivil cases

Applies to

Pleading filing or other document requiring fiduciary signature

A document requiring a fiduciary’s signature must bear the fiduciary’s original signature; the fiduciary’s attorney may sign instead only with Court authorization.

Any pleading, filing, or other document which by law or rule requires a fiduciary’s signature shall have the original signature of the fiduciary. The attorney for the fiduciary may not sign for the fiduciary, except upon Court authorization.

CRITICALCivil cases

Applies to

Account

The Court will not approve an expenditure, sale, distribution, or fee while the fiduciary is delinquent in filing an account.

No expenditure, sale, distribution, or fee will be approved while the fiduciary is delinquent in filing an account.

CRITICAL

Applies to

Sheriff sale confirmation filings

Must include

certificate of service

Before confirmation of a Sheriff’s sale, the party ordering the sale must file a certificate of service and proof of publication of the sale notice.

The Court will not confirm any Sheriff’s sale until such time as the party ordering the sale has filed a certificate of service of notice of the sale stating that the notice of the sale has been sent to all parties who have appeared in the action, by ordinary mail to their last known address or to their attorney of record, and further until after proof of publication of notice of sale, as requested by law, has been filed.

CRITICALCivil cases

Applies to

Fingerprint completion confirmation

The juvenile must return the sheriff-signed fingerprint completion confirmation and Book and Release Authorization, which are then docketed and placed in the case file.

After the juvenile returns the Order for Fingerprints-Completion Confirmation (must be signed by sheriff’s staff), and the Book and Release Authorization, they are docketed into the court’s case management system and placed in the case file.

CRITICAL

Applies to

Electronically filed document requiring attorney signature

An electronically filed document requiring an attorney’s signature must use an Electronic Signature substantially in the specified format.

A pleading or other document requiring an attorney’s signature must be signed with an Electronic Signature in substantially the following format if filed electronically: o /s/Ohio Attorney o Ohio attorney-registration number o Attorney for (Plaintiff/Defendant) o Address o Telephone Number o Facsimile Number o Email Address

CRITICALCivil cases

Applies to

Account

An account will not be accepted unless any required bond covers twice the value of personal-property assets on hand, unless the Court orders otherwise.

An account will not be accepted for filing unless the bond, when required, is sufficient to cover twice the sum of the value of the personal property assets on hand or unless otherwise ordered by the Court.

CRITICAL

Applies to

Complaint

Every complaint must include a case designation sheet, each party's name and address, the assigned judge and case number if known, and must satisfy the general filing requirements.

Every complaint shall include: 1. Case designation sheet; 2. Shall include the name and address, of each party; 3. Name of Judge to whom the case is assigned (if known); 4. The case number (if known); 5. Review the General Filing Requirements stated above.

CRITICALCivil cases

Applies to

Fiduciary account

Attorney fees must be disclosed on the fiduciary’s account, with the payment source identified when it is not the fiduciary.

All fees charged by an attorney representing a fiduciary in matters before this Court, including but not limited to work on decedents’ estates, guardianships, and trusts, must be disclosed on the fiduciary’s account, regardless of the source of payment. If the source of payment is other than the fiduciary, the source of payment must be identified on the account.

CRITICALCivil cases

Applies to

Abuse neglect dependency complaint

A person or agency filing an abuse, neglect, or dependency complaint must contemporaneously file the completed attached form identifying the child and proper or necessary parties.

IT IS THERFORE ORDERED, ADJUDGED, AND DECREED that any person or agency who files a complaint pursuant to R.C. 2151.27 alleging a child or children to be abused, neglected, or dependent, shall contemporaneously file a completed copy of the form attached hereto and incorporated herein to inform the Clerk of the Juvenile Court regarding the identity of the child, the parents, guardian, custodian, and any other persons who appear to be proper or necessary parties to the case for the purpose of facilitating the proper service of the summons and complaint.

CRITICAL

Applies to

Electronically filed document requiring attorney signature

An electronically filed pleading or other document requiring an attorney’s signature must use an Electronic Signature substantially in the listed format.

A pleading or other document requiring an attorney’s signature must be signed with an Electronic Signature in substantially the following format if filed electronically: o /s/Ohio Attorney o Ohio attorney-registration number o Attorney for (Plaintiff/Defendant) o Address o Telephone Number o Facsimile Number o Email Address

CRITICAL

Applies to

Foreclosure complaint

A foreclosure complaint must include the property's permanent parcel number.

Foreclosure Complaints must include the permanent parcel number of the property;

CRITICALCivil cases

Applies to

Divorce complaint

Each party must file a proposed child support worksheet with the divorce complaint.

Each party shall file a proposed child support worksheet with the complaint for divorce.

CRITICALCivil cases

Applies to

Guardian report

A guardian of the person must file the guardian’s report as required by law.

The guardian of the person shall file the guardian’s report as required by law.

CRITICALCivil cases

Applies to

Summons information

The summons information must identify the filing party, attorney, address for notice of failure of service, and child or children.

FILING PARTY: _____ ATTORNEY: _____ ADDRESS: _____ (This is the person who will be notified of failure of service) CHILD(REN): _____

CRITICALCivil cases

Applies to

Entry

The Entry must state child and cash medical support as a monthly amount with a specified payment frequency, address children’s health insurance and extraordinary expenses, and provide for payment through Ohio Child Support Payment Central with processing fees included by wage withholding.

Orders for child support and cash medical support shall be stated in terms of a monthly amount payable weekly, bi-weekly, semi-monthly, or whenever the payor is paid. The Entry shall also require one or both of the parties to maintain health insurance for the children and the amount for extraordinary medical, dental, optical, etc., shall be included. The Entry shall also provide for the child support and/or spousal support to be paid through the Ohio Child Support Payment Central with the appropriate processing fees included by wage withholding.

CRITICALCivil cases

Applies to

Consent to fees

If no account will be filed, disclose the payment in a consent-to-fees document signed by the payer.

If no account is to be filed, the payment must be disclosed on a consent to fees document signed by the payer of the fees.

CRITICAL

Applies to

Proposed agreed child support entry

Proposed agreed child-support entries must include completed support worksheets and all appropriate orders required by R.C. 3119.32.

Proposed agreed entries for child support shall be accompanied by completed support worksheets and all appropriate orders required by RC 3119.32.

CRITICALCivil cases

Applies to

Court document

Required court-document addresses must be street addresses; a nonattorney fiduciary must provide a legal residence, while an attorney fiduciary may use an office address, and an applicable PO box may be listed as a mailing address.

When required on a Court document, the address provided must be a street address, and in addition, if applicable, a post office box number may be noted as a mailing address. The address of the fiduciary who is not an attorney at law must be the fiduciary’s legal residence. A fiduciary who is an attorney at law may use an office address.

CRITICALCivil cases

Applies to

Temporary orders request

A Proposal for Temporary Orders must be filed whenever temporary orders are requested.

In all cases in which temporary orders are being requested the court for “Proposal for Temporary Orders” shall also be filed, which will then be considered in drafting the temporary orders, covering temporary custody, child support/or spousal support.

CRITICALCivil cases

Applies to

Substitution of counsel

A substitution of counsel must be in writing but does not require Court approval.

Substitution of counsel shall be in writing, but does not require approval of the Court.

CRITICALCivil cases

Applies to

Verification of receipt and deposit

The attorney must obtain Standard Probate Form 22.3 from the financial institution and file it with the Court within 30 days after the entry is issued.

The attorney shall obtain a Verification of Receipt and Deposit (Standard Probate Form 22.3) from the financial institution and file the form with the Court within thirty (30) days of the issuance of the entry.

CRITICALCivil cases

Applies to

Proposed entry

Must include

certificate of service

A proposed entry subject to the cited rules must include a certificate of service naming and giving the addresses of all parties and interested persons to be served.

Any proposed entry submitted to the Court, which is subject to Rule 58(B) of the Ohio Rules of Civil Procedure as modified by Rule 73(I) of the Ohio Rules of Civil Procedure, shall contain a certificate of service including the names and addresses of all parties and other interested persons required to be served.

CRITICALCivil cases

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must substantially use the prescribed certification language.

The certificate of service must contain substantially the following language: “I hereby certify that on [date], [document title] was served through the Court’s Electronic Filing Service or by ordinary U.S. mail.”

CRITICAL

Applies to

Electronically filed pleading

An electronically filed pleading must be signed by an Ohio-admitted attorney or by an unrepresented party.

All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or by a party not represented by an attorney.

CRITICAL

Applies to

Journal entry

Once counsel approve the journal entry, it must be endorsed and furnished to the hearing officer.

When approved by counsel(s), it shall be so endorsed and furnished to the hearing Officer (Judge or Magistrate).

CRITICALCivil cases

Applies to

Motion to withdraw

A motion to withdraw must state the reasons for withdrawal and include the client’s last known address and telephone number.

An attorney desiring to withdraw shall file a motion to withdraw stating the reasons for withdrawal. The Motion shall contain the last known address and telephone number of the client.

CRITICAL

Applies to

Notification Form for Record Checks

Upon the specified finding, the Probate Judge must complete the Notification Form for Record Checks.

Upon finding that an individual is a person with a mental illness subject to a court order under R.C. 5122.141 or R.C. 5122.15, the Probate Judge is to complete the “Notification Form for Record Checks” Under O.R.C. 5122.311.

CRITICALCivil cases

Applies to

Inventory

An inventory will not be accepted unless any required bond is sufficient and approved under Rule 20.

D. The inventory will not be accepted for filing unless the bond, when required, is sufficient and approved pursuant to Rule 20.

CRITICAL

Applies to

Subpoena service instructions

Instructions to the Clerk for serving subpoenas must be in writing.

Only written instructions for service of subpoenas shall be accepted by the Clerk of Courts.