Morrow County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Pleading motion or memorandum

Attorney filings must include the attorney’s specified contact and registration information, while filings by self-represented people must include that individual’s specified contact information.

Unless filed by email, facsimiles or electronically pursuant to Local Rule 13.1; 13.2 and 13.3, every pleading, motion and memorandum filed must be legibly typewritten or printed on 8.5 inch by 11 inch paper and must contain the name, office address, telephone number, email address, and the Ohio Supreme Court attorney registration number of the attorney for the party. Any filing made by a person who is representing him or herself must contain the name, address, telephone number, and email address of that individual.

CRITICALCivil cases

Applies to

Certificate of transfer of real estate

If the title examination notes a recorded mortgage, the fiduciary must obtain a Release of Mortgagee unless the decedent has been dead for more than six months and the mortgagee has made no claims.

If there is a mortgage of record noted on the Certification of Title Examination, the fiduciary must obtain a Release of Mortgagee, unless the decedent has been deceased for more than six (6) months and no claims have been made by the Mortgagee.

CRITICAL

Applies to

Sheriff sale transfer documents

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 and Auditor’s Transfer Form, 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, and the Auditor’s Transfer Form, 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.

CRITICAL

Applies to

Proposed child support entry

A proposed entry that deviates from the child-support guidelines must contain sufficient findings of fact to substantiate the deviation.

If the child support provided in the agreement deviates from the child support guidelines, the proposed entry shall contain findings of fact sufficient to substantiate the deviation.

CRITICALCivil cases

Applies to

Child physician statement

The Court must receive the child’s physician’s statement about the child’s medical condition before the placement hearing.

Prior to the placement hearing, the Court shall be supplied with a statement from the child’s physician as to the medical condition of the child to be placed.

CRITICAL

Applies to

Bmv report form

The Constable must complete the prescribed form and submit it to the BMV by email.

The Constable will complete said form and submit, through email, to the BMV.

CRITICALCivil cases

Applies to

Motion for relation back

A filer seeking relation back of a corrective filing after a technical failure must file a motion seeking relief with the court.

If a document is not filed due to technical failures and the filer wishes to have the corrective filing relate back to the date and time of the rejected filing, the filer must file a motion with the court seeking relief.

CRITICAL

Applies to

Form 95

For the specified mental-health-related outcomes, the Court must complete Form 95 with all required information at the time of plea or adjudication.

A. Upon a defendant pleading guilty or being found guilty of an offense of violence as defined by Ohio Revised Code, Section 2901.01(A)(9)(a) or any substantially similar offense; or pleading guilty or being found guilty of conspiracy or attempt to commit, or complicity in committing an offense of violence as defined by Ohio Revised Code, Section 2901.01(A)(9)(a); or any substantially similar offense and being ordered to a mental health evaluation; or being found not guilty by reason of insanity; or being found incompetent to stand trial, the Court shall complete Form 95 (NCIC Mental Health Notice) with all required information at the time of plea or adjudication.

CRITICALCivil cases

Applies to

Application for authority to administer decedents estate

Applicants for authority to administer a decedent’s estate who are not represented by an attorney must show the Court photo identification and proof of a current address.

Applicants for Authority to Administer a Decedent’s Estate, who are not represented by an attorney, shall exhibit to the Court picture identification and proof of a current address.

CRITICAL

Must include

certificate of service

Each filing party must include a signed certificate of service using substantially the specified language.

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

Guardian report

When there is only a guardian of the estate, that guardian must also file a guardian’s report.

If there is only a guardian of the estate, a guardian’s report must also be filed by such guardian.

CRITICALCivil cases

Applies to

Affidavit of fees

The attorney/Guardian ad Litem must submit an affidavit of fees to the Court after the final hearing.

No later than seven (7) days after final hearing in the matter on which the Guardian ad Litem has been appointed, the attorney/Guardian ad Litem shall submit an affidavit of fees to the Court.

CRITICALCivil cases

Applies to

Summons information

The summons information must identify each necessary or proper party to be served, including the party’s name, address, and relationship or other designation.

## IDENTIFY ALL NECESSARY OR PROPER PARTIES TO BE SERVED: NAME: _____ ADDRESS: _____ PARENT    CUSTODIAN    GUARDIAN    OTHER: _____

CRITICAL

Applies to

Proposed findings conclusions

Counsel and attorneys must submit proposed findings within 14 days after a request for findings is filed.

Counsel(s) and Attorneys shall, within 14 days after the filing of the request, submit their proposed findings.

CRITICALCivil cases

Applies to

Certificate of transfer of real estate

Each Certificate of Transfer of Real Estate must include a Certificate of Title Examination.

All Certificates of Transfer of Real Estate must have a Certificate of Title Examination.

CRITICAL

Applies to

Default judgment

A party seeking liquidated damages must present proper evidence supporting the complaint's damage allegations; the evidence may be an affidavit from a qualified, knowledgeable individual or the movant's employee.

16.02 In all cases where a party is seeking liquidated damages, the party entitled to such shall present proper evidence in support of the damage allegations in the complaint which may be in the form of an affidavit from a qualified and knowledgeable individual or employee of the movant.

CRITICALCivil cases

Applies to

Withdrawal certification

The Court will not approve withdrawal until the attorney files a certification that the required conditions have been fulfilled.

The Court shall not issue an entry approving the withdrawal until the attorney has filed a certification that the following conditions have been fulfilled:

CRITICALCivil cases

Applies to

Motion for allocation of parental rights and responsibilities

The Court will issue a post-decree ex parte order affecting children only upon a showing of imminent irreparable harm and after the moving party files and schedules a motion requesting allocation of parental rights and responsibilities.

However, the Court will issue such orders only where it is shown that irreparable harm will occur to the child unless immediate action is taken, and the moving party has also filed and scheduled for hearing a motion requesting the allocation of parental rights and responsibilities.

CRITICALCivil cases

Applies to

Pleadings

Must include

caption, case number

Every pleading filed with the Court must identify the Court, use the proper case style, and include the case number.

All pleadings filed with the Court must contain the name of the Court, proper style of the case and number.

CRITICALCivil cases

Applies to

Notice of submission

A notice of the settlement-offer submission, but not the offer itself, must be filed with the Clerk and served under Ohio Civil Rules 5 and 6.

A Notice of said submission, but not the Settlement Offer, shall be filed with the Clerk of Courts and served in compliance with Rules 5 and 6 of the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Journal entry

If opposing counsel does not return the entry within five days, the preparing counsel must tender it to the Court marked “submitted” regarding the other counsel.

If an entry is not returned to the preparing counsel within five (5) days, it shall be tendered to the Court with the notation “submitted” regarding other counsel(s).

CRITICALCivil cases

Applies to

Instructions for service

The filing party must file separate Instructions for Service when clerk service is required or requested.

For all documents that require service by the clerk or documents for which a party is requesting that service be made by the clerk, Instructions for Service must be filed by the filing party as a separate document.

CRITICAL

Applies to

Motion for default judgment

Must include

proposed order

After complying with the preceding requirements, a party moving for default judgment must submit a proposed Journal Entry of Judgment with the motion; failure to provide it may result in dismissal.

16.05 Having complied with all of the requirements above, the party moving for default judgment shall submit to the Court, at the time of submission of the Motion for Default, a proposed Journal Entry of Judgment. Failure to provide a proposed entry may result in the Motion being dismissed.

CRITICALCivil cases

Applies to

Bci disposition report

The BCI disposition report must include the specified case identifiers, dates, disposition, charge and statutory section, sentence or probation terms, and any statement about disarming a law enforcement officer.

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

Journal entry

In criminal cases, the Prosecuting Attorney must prepare a journal entry after each hearing or event unless the Court directs otherwise.

In all criminal cases coming before this Court, the Morrow County Prosecuting Attorney shall prepare journal entries after every hearing or event occurring before the Court, unless otherwise specified by the Court.

CRITICALCivil cases

Applies to

Extended administration notice or application

An administrator or executor of an estate eligible for extended administration must file a notice or application using Standard Probate Form 13.8 or 13.10 to extend filing deadlines.

All estates will initially be scheduled according to the six-month administration schedule of Section 2109.301(B) of the Ohio Revised Code. In those estates meeting the requirements for extended administration stated in Section 2109.30 (B)(1)(a)-(f) of the Ohio Revised Code, the administrator or executor shall file a notice or application (Standard Probate Forms 13.8 or 13.10) to extend the filing deadlines.

CRITICALCivil cases

Applies to

Filed document

Must include

certificate of service

Every filing party must include on its documents a certificate of service signed as required by applicable Ohio rules and laws.

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.

CRITICAL

Applies to

Guardian ad litem application

All GALs must submit an application, resume, and background disclosure statement to the Administrative Judge or Court Administrator for approval.

All Guardian as Litems must submit an application, a resume and a background disclosure statement to the Administrative Judge or his/her designee (Court Administrator) for approval.

CRITICAL

Applies to

Annual guardian ad litem certification

Each GAL must certify annually that training requirements have been met and that the GAL knows of no disqualifying circumstances.

All GALs shall certify annually that they have met the training requirements and are unaware of any circumstances that would disqualify them from serving.

CRITICALCivil cases

Applies to

Computer generated forms

The applicant’s or attorney’s signature on computer-generated forms constitutes a certificate of compliance with the rules.

The signature of the applicant or attorney constitutes a certificate that the computer generated forms comply with the rules.

CRITICALCivil cases

Applies to

Pleading motion brief or similar document

Each filing must have a short title identifying the type of document.

7. Contain a short title indicating the nature of the document (complaint, answer, motion, brief, etc.);

CRITICALCivil cases

Applies to

Guardian ad litem training submission

After completing the training, the applicant must send the Court a verification letter and a copy of the attendance certificate.

Upon completion, a letter verifying completion and a copy of the certificate of attendance from said training shall be sent to the Court.

CRITICAL

The first page must identify the court, parties, judge and case number if known or provide designations for them, and include a short title describing the document.

Contain “Court of Common Pleas, Morrow County, Ohio” at the top of the first page of the document; E. Contain names and address’ of all parties on the first page; F. Contain Judge and case number (if known) if not have a designation for each on the first page of the document; G. Contain a short title indicating the nature of the document (complaint, answer, motion, brief, etc.);

CRITICAL

Applies to

Journal entry

When the judge approves a recording request, the judge must sign a journal entry stating the recording conditions, and the entry must be filed and made part of the case record.

In the event the Judge decides to approve the request, the Judge shall sign the journal entry setting forth the conditions of recording, whereupon the entry shall be filed and made a part of the record of the case.

CRITICALCivil cases

Applies to

Fee records

When an attorney seeks payment as both fiduciary and attorney, maintain detailed records separating time and services in each capacity and submit them to the Court upon request.

In all matters where an attorney is the fiduciary of the estate, guardianship, or trust, and that attorney or another from his or her office is the attorney of record and where the attorney(s) is/are requesting to be paid in both capacities, detailed records shall be maintained describing time and services as fiduciary and as attorney, which records shall, upon request, be submitted to the Court for review.

CRITICAL

Applies to

Form 95

The Clerk of Courts must docket Form 95 completion, keep the original in the non-public section of the case file, and transmit a copy to the arresting agency for NCIC entry through LEADS.

B. The Clerk of Courts shall docket the completion of the Form 95, maintain the original in the non-public access section of the Case file and transmit a copy of the completed form to the arresting law enforcement agency to enter into NCIC via the Ohio Law Enforcement Automated Data System (LEADS) as established in ORC 2929.44.

CRITICALCivil cases

Applies to

Health insurance disclosure affidavit

The specified pleadings and motions must be accompanied by a Health Insurance Disclosure Affidavit identifying available insurance for each party, the carrier’s address and telephone number, and whether participant or prescription cards are available.

In any Petition for Dissolution or Complaint for Divorce or Legal Separation involving minor children, any post-decree motion regarding parental rights or modification of support, motion for health insurance coverage, paternity, or answer or counterclaim the pleading shall be accompanied by a Health Insurance Disclosure Affidavit which identifies the health insurance available to each party, if any, the address and telephone number of the carrier, and whether there is a participant and/or prescription card available.

CRITICALCivil cases

Applies to

Adoption petition

Additional copies of the adoption petition must be submitted as required for service.

Additional copies of the petition shall be submitted as required for service.

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw as counsel must be formally filed with a supporting memorandum stating its basis.

With regard to Motions to Withdraw as Counsel for any party involved in an action pending before this Court, a formal Motion to Withdraw must be filed with the Court, with a supportive memorandum setting forth the basis thereof.

CRITICALCivil cases

Applies to

Pleading motion brief or similar document

The first page must contain the names and addresses of all parties.

5. Contain names and address’ of all parties on the first page;

CRITICALCivil cases

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.

CRITICAL

Applies to

Discovery papers

Depositions, transcripts, discovery requests, and related answers or responses filed with the Clerk must include a certification that they are filed on court order or for use as evidence in a motion or proceeding.

All depositions, transcripts, interrogatories, requests for documents, requests for admissions, answers and responses thereto shall be 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;

CRITICALCivil cases

Applies to

Supplemental form

A person or agency that later learns the identity of additional interested parties must file a supplemental copy of the attached form identifying them.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any person or agency who filed a complaint pursuant to R.C. 2151.27 alleging a child or children to be abused, neglected, or dependent, who subsequently learns the identity of any child, parent, guardian, custodian, and or any other person(s) who appear to be interested parties shall file a supplemental copy of the form attached hereto and incorporated herein to inform the Clerk of the Juvenile Court regarding the identity of additional interested parties to the case for the purpose of facilitating the proper service of Orders, Judgment Entries, and Hearing Notices subsequent to the summons and complaint.

CRITICAL

Applies to

Discovery papers

The Clerk will not accept the specified discovery papers for filing without a certification that they are filed on 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.

CRITICALCivil cases

Applies to

Certificate of transfer

The Morrow County Engineer’s Office must approve the legal description before the Certificate of Transfer is filed with the Probate Court.

The legal description on all Certificates of Transfer (Form 12.1) must be approved at the Morrow County Engineer’s Office before filing the Certificate of Transfer with the Probate Court.

CRITICALCivil cases

Applies to

Pleading motion brief or similar document

The filing must include the listed attorney identification and contact details, or the filing party’s signature, name, and contact details if proceeding without an attorney.

9. 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

Complaint

Restraining orders must be filed with the Complaint.

The restraining orders shall accompany the Complaint at the time of filing.

CRITICAL

Applies to

Motion memorandum contra or reply

Motions, memoranda contra, and replies must be titled to identify the filing party, document type, and desired outcome.

All motions, memoranda contra and replies shall be titled in an appropriate manner to indicate the party filing the document(s), the type of document and the desired outcome for such filing.

CRITICAL

Applies to

Child support worksheet

If the parties cannot agree on the worksheets, each party must present a proposed worksheet before the hearing.

If the parties are unable to agree on the proper completion of the worksheets, each shall present a proposed worksheet prior to the hearing.

CRITICALCivil cases

Applies to

Structured settlement application

An application for a structured settlement must include a signed statement from one of the specified professionals, or an equivalent professional approved by the Court.

A. The application shall include a signed statement from one of the following: 1) independent professionals specifying the present value of the settlement and the method of calculation of that value; 2) an actuary; 3) certified public accountant; 4) certified financial planner; 5) chartered life underwriter; 6) chartered financial consultant; or 7) an equivalent professional approved by the Court.