Morrow County Court of Common Pleas, Ohio Document Filing Requirements

CRITICALCivil cases

Applies to

Magistrate decision

When findings are requested or otherwise required, the Magistrate’s Decision must include them or the requesting party must submit proposed findings as the Magistrate requests.

If any party makes a request for findings of fact and conclusions of law or findings and conclusions are otherwise required by law, the Magistrate’s Decision shall either include findings of fact and conclusions of law or the party requesting the findings of fact and conclusions of law shall submit proposed findings as requested by the Magistrate.

CRITICAL

A filing must be signed by counsel or the unrepresented party and include the applicable attorney or self-represented filer identifying and contact information.

Be signed by the attorney of record or party when not represented by counsel; I. Include the attorney registration number, if applicable, name of firm, if any, office address, telephone, fax, and email address, or if the party is proceeding without an attorney, if no attorney: the filing party’s signature, name, address, telephone, and email address;

CRITICALCivil cases

Applies to

Application to relieve estate from administration

An applicant not represented by an attorney must present picture identification and proof of current address when filing an application to relieve an estate from administration.

21.4 Any applicant filing an Application to Relieve an Estate from Administration who is not represented by an attorney, shall present to the Court a picture identification and proof of current address.

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 US mail to each party’s 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.

CRITICAL

Applies to

Cqe petition

A petition submitted through the DRC must include the Department of Rehabilitation and Corrections CQE Summary.

3. All Petitions submitted through the DRC shall be accompanied by the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).

CRITICALCivil cases

Applies to

Written statement

A person depositing a Will must sign a statement acknowledging whose request prompted the deposit and providing the testator’s current address and telephone number.

Any person placing a Will on deposit in this Court shall sign a written statement acknowledging that the Will is being placed on deposit at the request of the testator or guardian of the testator and shall provide the testator’s current address and telephone number.

CRITICAL

Applies to

Motion to withdraw as counsel

A Guardian ad Litem who is also appointed as the child’s legal counsel must immediately move to withdraw if a conflict arises.

In the event that a Guardian ad Litem is also appointed as the child’s legal counsel and a conflict of interest arises in the appointment, the Guardian ad Litem shall immediately move for permission to withdraw as counsel.

CRITICAL

Applies to

Complaint

The plaintiff must include the County Treasurer as a party in foreclosure, quiet-title, and partition actions, including land-contract enforcement actions resulting in foreclosure.

In all actions involving foreclosure, quiet title, partition, including and action for enforcement of land contract which resulted in a foreclosure, the Plaintiff shall include the County Treasurer as a party to the action.

CRITICAL

Applies to

Complaint

Unless the Court directs otherwise, the plaintiff in covered real-property actions must file a Preliminary Judicial Report with the complaint covering at least the preceding 42 years; registered-land actions are excluded.

Unless the Court should direct otherwise, in actions to quiet title, partition and for the marshaling and foreclosure of liens on real property, except those involving registered lands, the Plaintiff shall procure and file with the Clerk of Courts simultaneously with the filing of the complaint, evidence of the record title (Preliminary Judicial Report) covering a period of at least 42 years immediately preceding the date of filing such complaint.

CRITICALCivil cases

Applies to

Preplacement application

Proposed adopting parents must file a preplacement application using a form prescribed by the Court.

a preplacement application in a form prescribed by the Court shall be filed by the proposed adopting parents

CRITICAL

Applies to

Bci disposition report

The BCI disposition report must contain the listed identifying, case, disposition, charge, sentence, and officer-disarming information.

The report is to contain per: [R.C. 109.57(A)(2)] • Incident Tracking Number (ITN). • Style and number of case. • Date of arrest, offense, summons, or arraignment. • Date of disposition – conviction, guilty plea, adjudication (juveniles), not guilty finding, not delinquent finding (juveniles), dismissal, mistrial, not competent finding, nolle prosequi, any other final determination. • Statement of original charge with corresponding Ohio Revised Code section violated. • The sentence, disposition (juveniles), or terms of probation imposed. • A statement in the summary if the offense involved the disarming or an attempt to disarm a law enforcement officer.

CRITICAL

Applies to

Guardian ad litem application

Incomplete guardian ad litem applications will be rejected and returned for completion.

Incomplete applications will not be accepted and will be returned to you for completion.

CRITICALCivil cases

Applies to

Application for early payment of attorney fees

An early-payment application must include consents to the fee amount and timing from beneficiaries who have not received their complete distribution, or be set for hearing with notice to nonconsenting beneficiaries.

The application shall be accompanied by consent(s) as to the amount and the timing of the fees by all beneficiaries who have yet to receive their complete distribution or shall be set for hearing with notice to the nonconsenting beneficiaries.

CRITICALCivil cases

Applies to

Motion for ex parte order

Motions for ex parte orders affecting children must include supporting affidavits that clearly describe the expected harm.

Such motions for ex parte orders shall have supporting affidavits that clearly delineate the expected harm.

CRITICAL

Applies to

Recording authorization request

Requests to record proceedings must be made in writing to the assigned judge using the Court Administrator’s form.

All requests for authorization to record proceedings shall be made: (a) to the assigned Common Pleas Judge in writing; (b) on the appropriate form available through the Court Administrator of the Common Pleas Court; and (c) as far in advance as is reasonably possible, but in no event later than 24 hours prior to the courtroom session to be recorded.

CRITICALCivil cases

Applies to

Certificate of service

A certificate of service must identify by name every party served.

The Certificate of Service shall identify by name all parties served.

CRITICALCivil cases

Applies to

Journal entry

An entry approved by counsel must be endorsed and presented to the deciding Judge; if signed, it must then be filed with the Clerk.

When the entry is approved by counsel, it shall be so endorsed and presented to the Judge who made the decision for approval and if signed by he or she shall then be filed with the Clerk.

CRITICALCivil cases

Applies to

All filings and attachments

Must include

case number

Every page of each filing and attachment must display the case number.

All filings, including attachments, must have the case number on each page.

CRITICAL

Applies to

Continuation of preliminary judicial report

Within 45 days after service is completed on all parties, plaintiff’s counsel must file a continuation of the Preliminary Judicial Report or attorney’s opinion stating that it is extended to the lis pendens date and that no third party acquired an interest since the original report or opinion.

Within 45 days of completion of service upon all parties, counsel for the Plaintiff shall file a continuation of the previously filed Preliminary Judicial Report or attorney's opinion, stating that the report or opinion has been extended to the lis pendens date (R.C. §2703.26) and that no third party has acquired an interest since the date of the original report or opinion.

CRITICALCivil cases

Applies to

Formal entry

A formal Entry shall be submitted and signed by the parties within fifteen (15) days after the Memorandum of Agreement for the Judge and Magistrate to sign.

A formal Entry shall be submitted and signed by the parties within fifteen (15) days after the Memorandum of Agreement for the Judge and Magistrate to sign.

CRITICALCivil cases

Applies to

Protection order

The magistrate who granted a protection order must complete Form 10-A in full and return all documentation to the Deputy Clerk for docketing.

The Magistrate that granted the order will fill out entirely Form 10-A and return all documentation to the Deputy Clerk who will then docket all necessary filings into the Court’s case management system.

CRITICAL

Applies to

Criminal complaint

All criminal complaints must comply with Ohio Criminal Rule 3.

Per Ohio Criminal Rule 12(B)(1), all criminal complaints must comply with Ohio Criminal Rule 3.

CRITICALCivil cases

Applies to

Child custody affidavit

Specified filings involving minor children must include a child custody affidavit identifying the children and their five-year residence history and disclosing the listed prior or pending proceedings, other persons with possession or claimed rights, and relevant abuse or neglect convictions or findings.

Upon the filing for an action for dissolution, divorce, legal separation, answer or counterclaim involving minor children, or post-decree motions involving parental rights of minor child a child custody affidavit shall be filed which identifies the minor child of the parties, the ages of the children, and the current place of residence, and where and with whom they have resided for the past five (5) years. The affidavit must also notify the court of the following: a. If the affiant has participated as a party, witness, or in any other capacity in an other litigation in this or any other state that concerned the allocation between the parents of the same child, of potential rights and responsibilities for the care of the child and the designation of the residential parent and legal custodian of the child or that otherwise concerned the custody of the same child/ren. b. Whether the affiant has information of any parenting proceeding concerning the child/ren pending in a court of this or any other state. c. Whether affiant knows of any person who is not a party to the proceeding that has physical possession of the child or claims to be a parent of the child who is designated the residential parent and legal custodian of the child or to have parenting time rights with respect to the child or to be a person other than a parent of the child who has custody or parenting time right with respect to the child. d. Whether affiant previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child or previously has been determined, in a case which a child has been adjudicated an abused child or a neglected child, to be the perpetrator of the abusive or neglectful act that was the basis of the adjudication.

CRITICALCivil cases

Applies to

Child support filings

Each party must file proposed child support worksheets and supporting or opposing materials when filing the specified pleadings, requests, or post-decree motions involving child support.

Proposed child support worksheets, along with affidavits, memoranda or documents in support or opposition to child support motions, shall be filed by each party at the time of filing a Divorce, Legal Separation, Answer or Counterclaim, Requests for Temporary Orders or any Post-Decree Motions involving the issue of child support.

CRITICALCivil cases

Applies to

Adoption petition interlocutory decree and final decree

Every adoption case must file an original and a copy of each adoption petition, interlocutory decree, and final decree.

An original and a copy of all adoption petitions, interlocutory decrees, and final decrees shall be filed in every adoption case.

CRITICAL

Applies to

Support order

An order containing child or spousal support must attach Addendum A or include the prescribed notice in boldface, all-capital letters.

All orders which contain an order of support for children or spouse shall either attach Addendum A (attached hereto) or shall contain the following language or contain the following notice which shall be in boldface type and in all capital letters:

CRITICAL

Applies to

Extraordinary fee motion

Requests for extraordinary fees must be made by written motion and should be submitted with supporting information, including all regular billing documents, to the Chief Deputy Clerk.

Requests for extraordinary fees must be made by written motion and should be submitted with supporting information, including all regular billing documents, to the Chief Deputy Clerk.

CRITICAL

Applies to

Electronic filing

For each electronically filed document, the filer must complete an online Document Description Form with the listed case, filing, 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.

CRITICALCivil cases

Applies to

Summons information

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

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

CRITICALCivil cases

Applies to

Ohio estate tax form 22

If no Ohio estate tax return is otherwise required, Form 22 must be filed when the gross estate includes an interest in real estate and the decedent died less than ten years ago.

In cases in which an Ohio estate tax return is not otherwise required to be filed, an Ohio estate tax form 22 shall be filed as described in Section 5731.21 of the Ohio Revised Code, if the value of the gross estate of the decedent, as defined in division (A) of Section 5731.01 of the Ohio Revised Code, includes any interest in real estate, and the decedent has been deceased for less than ten (10) years.

CRITICALCivil cases

Applies to

Motion

A motion seeking a Guardian ad Litem fee in proceedings other than land sale proceedings must be supported by a statement of services.

In all other proceedings, the amount of the Guardian ad Litem fee will be determined upon motion supported by a statement of services.

CRITICALCivil cases

A nonattorney may not sign on behalf of an attorney.

A person who is not an attorney may not sign on behalf of an attorney.

CRITICALCivil cases

Applies to

Marriage license application

A minor applying for a marriage license must provide proof of marriage counseling before applying.

Pursuant to Section 3101.05 of the Ohio Revised Code, any applicant for a marriage license who is a minor must provide proof of having had marriage counseling prior to applying for the license.

CRITICAL

Applies to

Legal notice

Counsel must provide the legal notice to the Clerk of Courts for filing.

Counsel shall provide a copy of the legal notice to the Clerk of Courts for filing.

CRITICALCivil cases

Applies to

Proposed judgment entry or decree

If the agreed or proposed child support deviates from the guidelines, the proposed judgment entry or decree must contain or attach sufficient supporting findings of fact; general fairness or equity recitals do not suffice.

If the child support provided for in the separation agreement filed with the petition for dissolution or the proposed judgment entry decree of divorce deviates from the child support guidelines, the proposed judgment entry or decree of dissolution shall contain or have attached findings of fact sufficient to substantiate the deviation. General recitals that the deviation is fair or equitable, or words of similar import, shall not be sufficient to substantiate the deviation.

CRITICALCivil cases

Applies to

Written statement

If an attorney holding a Will does not know the testator’s address, the attorney must use reasonable diligence to locate the testator so the statement can be signed.

When a Will is being held by an attorney and the address of the testator is unknown, the attorney must use reasonable diligence to locate the testator for the purpose of signing the above statement.

CRITICALCivil cases

Applies to

Inventory

The inventory must be filed before the Court will approve distribution, sale, or expenditure of an estate or guardianship asset.

E. The Court will not approve the distribution, sale, or expenditure of any estate or guardianship asset prior to the filing of the inventory.

CRITICALCivil cases

Applies to

Foreclosure complaint

Foreclosure complaints must include a legal description approved by the Morrow County Auditor’s Tax Map Department, with a blue approval notation.

Foreclosure Complaints must include the legal description to be approved by the Morrow County Auditor’s Tax Map Department (blue approval notation).

CRITICAL

Whenever the Court appoints a Guardian ad Litem (GAL) and/or legal counsel to protect the interest of a minor child or an incompetent adult and/or whenever the Court is required to do so by statute, the child or incompetent adult person shall be named as a party defendant if not already done.

Whenever the Court appoints a Guardian ad Litem (GAL) and/or legal counsel to protect the interest of a minor child or an incompetent adult and/or whenever the Court is required to do so by statute, the child or incompetent adult person shall be named as a party defendant if not already done.

CRITICALCivil cases

Applies to

Ncic mental health notice

In the specified mental-health evaluation, treatment, or conditional-release circumstances, the Juvenile Judge must complete Form 95 with all required information at adjudication.

Upon the order of a mental health evaluation or treatment of a person who pled guilty or was convicted of a violent offense or upon the approval of conditional release of a person found Not Guilty by Reason of Insanity and Incompetent to Stand Trial, the Juvenile Judge shall complete Form 95: NCIC Mental Health Notice with all required information at the time of adjudication.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a scheduling conflict with another court must include that court’s assignment notice.

Any motion requesting a continuance due to a scheduling conflict involving another court shall be accompanied by a copy of the assignment notice issued by the other court.

CRITICALCivil cases

Applies to

Memorandum of agreement

When the parties reach agreement before the Magistrate Hearing, they must put the agreement in writing and submit a written Memorandum of Agreement to the Court.

In actions where the parties have resolved the matter by agreement prior to Magistrate Hearing, the parties shall reduce their agreement to writing and shall submit their written Memorandum of Agreement to the Court.

CRITICAL

Applies to

Juvenile record expungement application

A person seeking expungement of a juvenile record must submit a written application through the Deputy Clerk’s Office.

Any person seeking expungement of a juvenile record, as provided in R.C.2151.358 shall make a written application through the Deputy Clerk’s Office.

CRITICAL

Applies to

Video deposition materials

For video-deposition testimony, submit the videotape and a written transcript indexed to objections by page and line by the final pretrial or seven days before trial, whichever is earlier.

22.00 If testimony is to be presented by video deposition, the video tape and a written transcript with page and line (as opposed to time) index to objections shall be submitted to the Court for ruling on objections at the time of the final pretrial, but not later than seven (7) days prior to trial, whichever is earlier.

CRITICALCivil cases

Applies to

Application to settle minor claim

The minor’s birth certificate and social security card must be presented to the Court when the application to settle the minor’s claim is filed.

A copy of the minor’s birth certificate and a copy of the social security card must be presented to the Court upon the filing of the application to settle a minor’s claim.

CRITICAL

Applies to

Withdrawal motion

If the client has not agreed and signed, the withdrawal motion must state that the Court will sign the entry unless the client requests a hearing within seven days after service or the Court determines a hearing is necessary.

If not, the motion shall state that the entry will be signed by the Court unless, within seven (7) days after the motion is served, a hearing is requested by the client or the Court feels that a hearing is necessary.

CRITICALCivil cases

Applies to

Inventory

The inventory must state the real estate’s address, legal description, permanent parcel number, and the decedent’s or ward’s interest.

B. The inventory shall contain the address, legal description, permanent parcel number and the interest in the real estate of the decedent or ward.

CRITICALCivil cases

Applies to

Guardian ad litem report

The Guardian ad Litem must prepare and file written reports detailing observations and recommendations on an interim basis and at the conclusion of the hearing.

Reports and Court Appearances - The Guardian ad Litem shall prepare and file written reports detailing observations and recommendations on both an interim basis an at the conclusion of the hearing

CRITICALCivil cases

Applies to

Final entry

Fees approved by the Court must be included in the final entry.

If approved by the Court, said fees shall be made a part of the final entry.

CRITICALCivil cases

Applies to

Court file

The Family Court must place a file-stamped copy of the served restraining orders and Complaint in the file.

The Family Court shall serve Defendant a copy of the restraining orders along with the Complaint pursuant to Civil Rule and place a file stamped copy in the file.