Morrow County Court of Common Pleas, Ohio Document Filing Requirements

CRITICALCivil cases

Applies to

Complaint

A complaint must be accompanied by a case designation sheet.

1. Case designation sheet (accompany a complaint);

CRITICAL

Applies to

Application to lift stay

A party may apply in writing to lift the mediation stay, but the Court may do so only at its discretion and for good cause shown.

The stay may be lifted, at the Court’s discretion, for good cause shown, upon the written application of any party.

CRITICAL

Applies to

Withdrawal motion

An attorney seeking to withdraw in a pending case must submit a motion with a proposed Entry.

An attorney seeking to withdraw as counsel in a pending case shall submit a motion with a proposed Entry.

CRITICAL

Applies to

Subsequent pleading motion brief or document

Documents filed after the complaint must identify the first plaintiff and defendant, the assigned judge, and the case number.

All pleadings, motions, briefs, and documents subsequent to the complaint shall include the following: 1. The name of the first party plaintiff and the first party defendant; 2. The name of the Judge to whom the case is assigned; 3. The case number.

CRITICAL

Applies to

Diversion agreement

A juvenile referred to Diversion must enter into a written agreement addressing accountability, behavioral issues, assessments, remediation services, and other matters in the child’s best interest.

Juveniles who are referred to Diversion shall enter into a written Diversion Agreement which shall address accountability and behavioral issues of the child, assessments and evaluations for identification of the causes contributing to the unruly or delinquent behaviors, services for remediation of such behaviors, and such other matters as may be deemed in the child’s best interest.

CRITICAL

Counsel must prepare timely motions to issue or cancel warrants to convey for all parties, witnesses, and others legitimately required to attend court proceedings.

Counsel are responsible for preparing a motion requesting that the Clerk of Courts issue, or cancel in a timely manner, a warrant to convey. It is counsel’s responsibility to prepare these motions for all parties, witnesses or others legitimately required to be present for all court proceedings.

CRITICAL

Applies to

Electronically filed pleading

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

Mediation report

If the mediator determines after the initial assessment that the parties are not amenable to mediation, a report stating that determination must be filed with the Court.

Upon completion of the mediation assessment, if the mediator determines that the parties are not amenable to mediation, a mediation report indicating that determination shall be filed with the Court, and the mediation proceedings shall be concluded.

CRITICALCivil cases

Applies to

Original transcript

The Court Reporter must file all original transcripts with the Clerk of Courts, where they become part of the official case record.

All original transcripts shall be filed by the Court Reporter with the Clerk of Courts and shall thereby become part of the official record of the case.

CRITICAL

Applies to

New civil case filing

All new civil case filings must include a properly completed case designation form.

All new civil case filings shall include a properly filled out case designation form. See Form 2 attached in the Appendix.

CRITICALCivil cases

Applies to

Application to settle wrongful death claim

An application to settle a wrongful-death claim must state whether any portion is a survival claim and, if not, explain why not.

The application to settle a claim for wrongful death must state whether a portion of the settlement is to be a survival claim and, if not, why not.

CRITICAL

Applies to

Attorney fee application

An attorney filing an application for attorney’s fees must ensure it is accompanied by complete documentation, including a completed affidavit of indigency when appropriate.

It shall be the responsibility of the attorney representing a party (defendant or plaintiff), who seeks to file an application for attorney’s fees, to ensure that all documentation is complete and is accompanying that application. This includes a completed affidavit of indigency when appropriate.

CRITICAL

Applies to

Order of dismissal

Counsel must promptly submit an order of dismissal after a case is settled.

Counsel(s) shall promptly submit an order of dismissal following the settlement of any case.

CRITICALCivil cases

Applies to

Pleading motion brief or similar document

The attorney of record must sign the filing, or the party must sign if unrepresented.

8. Be signed by the attorney of record or party when not represented by counsel;

CRITICAL

Applies to

Sheriff deed

Within seven days after the sale-confirmation entry is filed, the attorney who filed the writ or the party who requested the sale must prepare the Sheriff’s deed, unless the Court orders otherwise; the deed must conform to the cited statute.

Within seven (7) days after the filing of the entry confirming the sale, the Attorney who files the writ of execution or the party on whose request the sale was ordered shall prepare a Sheriff’s deed to the purchaser unless otherwise ordered by the Court. The Sheriff’s deed shall conform to the requirements of R.C. §2329.36, and the Sheriff shall process such deed and deliver said deed to the purchaser upon payment of the full purchase price and interest, if any.

CRITICALCivil cases

Applies to

Pleading motion brief or similar document

The first page must include the judge and case number if known, or otherwise a designation for each.

6. Contain Judge and case number (if known) if not have a designation for each on the first page of the document;

CRITICALCivil cases

Applies to

Original or amended complaint or petition

A Request for Issuance of Summons (Form 1P) must be filed with every original and amended complaint or petition in a civil action.

A Request for Issuance of Summons (Form 1P) shall be filed with all original and amended complaints or petitions in civil actions.

CRITICAL

Applies to

Protection order

The completed and executed Protection Order must be docketed in CMS together with an image of the completed order.

3. The completed and executed Protection Order shall be docketed in the Court Case Management System (CMS) along with an image of the completed Order.

CRITICALCivil cases

Applies to

Withdrawal filing

An attorney withdrawing from representation of a fiduciary must file the fiduciary’s signed written acknowledgement, or withdrawal may be granted only after a hearing with notice to the fiduciary.

Attorneys withdrawing from representation of a fiduciary shall file the written acknowledgement of the withdrawal signed by the fiduciary or withdrawal shall only be granted after a hearing with notice to the fiduciary.

CRITICALCivil cases

Applies to

Electronically filed pleading

Every electronically filed pleading must be signed by an Ohio-admitted attorney or 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

Case file

The clerk must print a copy of the finished suspension and add it to the case file as proof of submission.

The clerk will print off a copy of the finished suspension to add to the case file as proof it was submitted.

CRITICALCivil cases

Applies to

Electronically submitted document

An electronically submitted document is considered signed if it includes an electronic signature in one of the specified formats.

An electronically submitted document issued or received by the clerk is considered signed if an electronic signature is included on the document. An electronic signature must include at least one of the following: a. “/s/” and the name typed in the space where the signature would otherwise appear; or b. an electronic image or scanned image of the signature.

CRITICAL

Applies to

Custody or parenting time action

A custody or parenting-time action must be initiated by sworn complaint, or by motion in a preexisting case, and must include the specified parenting proceeding affidavit.

All actions seeking custody of and/or parenting time with a child shall be initiated by sworn complaint, or in preexisting cases, by Motion, and pursuant to R.C. 3127.23(A), shall be accompanied by a parenting proceeding affidavit as provided by the Uniform Ohio Domestic Relations Forms. http.www.sconet.state.oh.us.

CRITICAL

Applies to

Document description form

For every electronically filed document, the filer must complete an online Document Description Form with the specified case, document, transmission, and filer information.

For each electronic document filed, the filer must complete an online Document Description Form containing the following information: • The title of the case; • The case number, if previously assigned; • The assigned judge, if previously assigned; • The title of the document being filed; • The date of transmission; • The name, Ohio attorney-registration number, address, telephone number, fax number, and email address of the attorney or party filing the document.

CRITICAL

Applies to

Order for fingerprints completion confirmation

The Order for Fingerprints-Completion Confirmation must be signed by sheriff’s staff before the returned documents are 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

Annual guardian ad litem application

Prospective GALs must submit an annual application to the Administrative Judge or Court Administrator for approval.

Prospective Guardian ad Litems must submit an annual application to the Administrative Judge or his designee (Court Administrator) for approval.

CRITICAL

Applies to

Guardian ad litem application

The completed guardian ad litem application and accompanying documentation must be submitted to the Chief Deputy Clerk of Juvenile Court at the stated address.

Submit the completed application and accompanying documentation to: Sheri Clever Chief Deputy Clerk Juvenile Court 48 East High Street Mount Gilead OH 43338

CRITICAL

Applies to

Jury summons

A jury summons must clearly explain how and when the recipient must respond and the 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.

CRITICALCivil cases

Applies to

Account

The fiduciary in a decedent’s estate must pay and disclose all valid debts in the estate account unless the law provides otherwise.

The fiduciary in a decedent’s estate shall pay and disclose in the estate account all valid debts, unless otherwise determined by law.

CRITICALCivil cases

Applies to

Certificate of service by adoption assessor

Must include

certificate of service

An assessor who provides the brochure must file a “Certificate of Service by Adoption Assessor” form before the first hearing concerning that child.

Any adoption assessor providing the birth parent (s) with a copy of this brochure shall file a “Certificate of Service by Adoption Assessor” form prior to the first hearing in the adoption proceeding concerning the child of the birth parent (s) who received the brochure.

CRITICALCivil cases

Applies to

Attorney fee application

All applications for attorney fees in estates shall include a statement which should be a computation on a schedule or a breakdown of attorney hours and fees used to calculate the amount.

All applications for attorney fees in estates shall include a statement which should be a computation on a schedule or a breakdown of attorney hours and fees used to calculate the amount.

CRITICALCivil cases

Applies to

Journal entry

The entry must identify counsel, counsel’s Ohio Supreme Court registration number, and the Judge, with that information typed or printed.

Name of counsel, counsel’s Ohio Supreme Court registration number, and the Judge shall be typed or printed upon the Entry.

CRITICALCivil cases

Applies to

Complaint for divorce or answer

Each party must submit general information, financial affidavits, and child support guidelines worksheets with the Complaint for Divorce or Answer.

Along with the Complaint for Divorce and/or Answer filed, the parties shall each submit the general information, financial affidavits and child support guidelines worksheets.

CRITICALCivil cases

Applies to

Filing

Must include

certificate of service

Every filing party must include a signed certificate of service containing substantially the specified service statement.

All filing parties must also include on their documents a certificate of service signed in accordance with applicable Ohio court rules and laws, including these Local Rules. 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.”

CRITICALCivil cases

Applies to

Application for authority to administer estate

When filing the application to administer the estate, the applicant must file a copy of the decedent’s death certificate unless the Court waives the requirement for good cause shown.

Upon the filing of an Application for Authority to Administer the Estate, the applicant shall file with the Court a copy of the decedent’s death certificate unless waived by the Court for good cause shown.

CRITICALCivil cases

Applies to

Notice of mediation

A court referral to mediation must be made by a Notice of Mediation stating the mediation’s time and place and the mediator’s name and telephone number.

Referral to mediation by the Court shall be by “Notice of Mediation” which shall indicate the time and place of the mediation, and the name and telephone number of the mediator.

CRITICALCivil cases

Applies to

Subsequent pleading motion brief or document

Must include

judge name, case number

Documents filed after the complaint must identify the first plaintiff and defendant, assigned judge, and case number.

All pleadings, motions, briefs, and documents subsequent to the complaint shall include the following: A. The name of the first party plaintiff and the first party defendant; B. The name of the Judge to whom the case is assigned; C. The case number.

CRITICALCivil cases

Applies to

Proposal for temporary orders

A party must specifically request collateral matters in their temporary-orders proposal and provide sufficient reasons.

Collateral matters which the parties wish for the court to consider in the temporary orders (i.e. exclusive use of marital home, other property, autos, bank accounts, etc.) must be specifically requested in that party’s proposal with sufficient reasons to enable the court to properly draft equitable temporary orders.

CRITICAL

Applies to

Mediation report

The mediation report must state whether an agreement was reached on any mediated issue and, if so, contain the agreement’s content and details.

Pursuant to Ohio Revised Code Section 3109.052(B) a mediation report, indicating whether or not an agreement had been reached on any of the issues that were subject of the mediation, shall be filed with the Court by the mediator within seven (7) days after mediation is completed or terminated. The report shall contain the content and details the agreement if an agreement had been reached.

CRITICAL

Applies to

Default judgment

When a party fails to appear, the party seeking judgment must file an affidavit showing that the defaulting party is not in military service, is not a minor, and is not incompetent.

16.03 In any action or proceeding commenced in this Court, if there shall be a default of any appearance by a party, the party seeking judgment shall file in the Court an affidavit setting forth facts showing that the party in default is not in the military service. (See 50 U. S.C. 521 et seq. the Service members Civil Relief Act) and that the party is not a minor or an incompetent person.

CRITICALCivil cases

Applies to

Financial affidavit

When filing an action for dissolution, divorce, or legal separation, or an answer or counterclaim to one, the filing party must submit affidavits listing the parties’ income, assets, liabilities, and relevant information known to them.

Upon the filing of an action for dissolution, divorce, legal separation, or an answer or counterclaim thereto, the party filing, in addition to any other affidavits, shall file affidavits listing all income, assets and liabilities of the parties, whether jointly or separately held, together with any other relevant information concerning such listing that is within their knowledge.

CRITICAL

Applies to

Release of lien documents

Within seven days after the sale-confirmation entry is filed, the party who requested the sale must have the required lien-release documents prepared and submitted to the Clerk of Courts.

Within seven(7) days after the filing of the entry confirming the sale, the party on whose request the sale was ordered shall cause to be prepared and submitted to the Clerk of Courts all release of lien documents which are required to be filed or recorded at various offices for the purpose of removing all liens and encumbrances relating to the real estate foreclosed upon.

CRITICALCivil cases

Applies to

Written waiver of citation

The written waiver must acknowledge receipt of the form describing the surviving spouse’s general rights.

The waiver shall include an acknowledgement of receipt of the form describing the general rights of the surviving spouse required by division (B) of Section 2106.02 of the Ohio Revised Code.

CRITICAL

Applies to

Motion to modify child support order

A motion to modify an existing child-support order must state its grounds with particularity and include the moving party’s memorandum or affidavit.

A motion requesting modification of an existing child support order shall state with particularity the grounds therefore, and shall be accompanied by a memorandum or an affidavit of the moving party.

CRITICALCivil cases

Applies to

Objection

If an objection is based in whole or in part on a factual finding or the weight of the evidence, the supporting testimony transcript must be filed with the Court.

If a finding of fact or weight of the evidence is part or the entire basis for objection, a transcript of the testimony is necessary to support the objection to the Magistrate’s Decision and must be filed with the Court.

CRITICALCivil cases

Applies to

Statement of expert evaluation

Unless the specified medical statement says the ward’s competence is unlikely to improve, the guardian must submit an updated Statement of Expert Evaluation with each subsequent biennial Guardian’s Report.

Unless a physician or clinical psychologist states on a Statement of Expert Evaluation that, to a reasonable degree of medical certainty it is unlikely the ward’s mental competence will improve, the guardian shall provide the Court with an updated Statement of Expert Evaluation when filing each subsequent biennial Guardian’s Report.

CRITICAL

Applies to

Motion

Each motion must include a memorandum stating its grounds and citing the authorities and reasons relied upon.

14.00 All Motions shall be accompanied by a Memorandum stating the grounds therefore and citing the authorities and reasons relied upon.

CRITICAL

Applies to

Proof of publication

After publication is completed, proof of publication must be forwarded to the Clerk for filing in the case.

A proof of publication shall be forwarded to the Clerk upon completion of publication for filing in the appropriate case.

CRITICALCivil cases

Applies to

Complaint

Complaints must include the specified Notice of Hearing provision after the operative factual paragraphs and before the request for service.

All Complaints shall contain the following Notice Provision after the operative, factual paragraphs and before the request for service: Notice of Hearing If no answer is filed to this Complaint or if the parties have entered into a written separation agreement, this matter will be heard as an uncontested trial on the ____day of _____, 20__, at ____o’clock_________.M. in the Morrow County Common Pleas Court, Domestic Relations Division, 48 E. High Street, Mt. Gilead, OH 43338. All other matters will be heard on the ____day of _____, 20__, at ___o’clock______.M. This hearing will be a pre-trial if an Answer has been filed by the Defendant and the parties have not reached an agreement. Otherwise, this matter will be the final hearing. Both parties are to be present at the pre-trial.

CRITICAL

Applies to

Temporary order motion

Temporary orders allocating parental rights and responsibilities shall not be granted ex parte or without hearing except in the case of an emergency and only upon a showing from specific facts that such an emergency exists.

Temporary orders allocating parental rights and responsibilities shall not be granted ex parte or without hearing except in the case of an emergency and only upon a showing from specific facts that such an emergency exists.