Noble County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Interrogatory objection

An objection to an interrogatory must reproduce the full interrogatory immediately before any discussion or citation of authority.

Objections to Interrogatories. Objections to Interrogatories shall include, Immediately preceding any discussions and citation of authority, the interrogatory in full to which objection is made:

CRITICAL

Applies to

Statement

Immediately following an arbitration hearing the Chairman shall submit a statement setting

Immediately following an arbitration hearing the Chairman shall submit a statement setting

CRITICAL

Applies to

Ex parte restraining order request

An ex parte restraining order will not be considered without a party's affidavit, sworn to absolutely and containing the information required by Civil Rule 75(I)(2).

Ex-parte restraining orders will not be considered unless there is presented an Affidavit of a party sworn to absolutely, contalning Information precisely as required by Civil Rule 75 | (2).

CRITICAL

Applies to

Pleading or brief

Pleadings and briefs that refer to statutes or regulations must attach a copy of the cited statute or regulation.

(H) All pleadings and briefs containing references to statutes or regulations shall have attached thereto a copy of the statute or regulation.

CRITICAL

Applies to

Request for order of sale

A party requesting an order of sale for real estate to be forwarded to the County Sheriff must specify the exact real estate and interest to be sold, but may incorporate a complete description by reference to a pleading paragraph or exhibit.

In any proceeding wherein an order of sale for real estate is to be forwarded to the Sheriff of this County, the party requesting same shall, in his /her request for the order of sale, specifically set forth the exact real estate, and the interest therein, that is to be sold. In so describing the real estate to be sold, the description may be incorporated by reference in said request, by referring to the paragraph of a pleading or an exhibit in the case wherein the description is wholly set forth.

CRITICAL

Applies to

Change of address notice

Whenever child or spousal support is or may be at issue, an extra copy of any change-of-address notice must be filed with the Clerk.

Whenever child support or spousal support is or may be an issue there shall be filed with the Clerk: An extra copy of any change of address notice;

CRITICAL

Applies to

Pretrial conference order

The Pre-trial conference Order must provide at least three potential chairmen who are practicing attorneys in Ohio.

25.04 Selection of Chairman. The Court shall provide in the Pre-trial conference Order, a minimum of three (3) potential chairmen who are practicing attorneys in the State of Ohio.

CRITICAL

Applies to

Consent to plead

Consent for an agreed extension must be evidenced by a consent to plead signed by all counsel and filed with the Clerk.

Such consent shall be evidenced by a consent to plead signed by all counsel and filed with the Clerk.

CRITICAL

Applies to

Specified domestic pleading or motion

An Information Sheet similar to Form DR-1 must be filed with the specified dissolution, divorce, alimony, separate-maintenance, annulment, and support-modification filings.

At the time of filing a Petition for Dissolution or a Complaint or Counterclaim for Divorce, Alimony, Separate Maintenance or Annulment, or a Motion to Modify Child Support, or a Motion • to Modify Alimony, there shall be filed an Information Sheet similar to Form DR-1.

CRITICAL

Applies to

Opposition

Each opposing party must serve and file a brief statement of opposing reasons and citations, together with appropriate opposing evidence when facts outside the record are at issue.

15.01 (C) Each party opposing the motlon shall serve and file within seven (7) days thereafter a brief statement of reasons in opposition to the motion and a list of citations of the authorities relied upon. If the motion requires the consideration of facts. not appearing of record, the opposing party shall also serve and file copies of all appropriate affidavits, depositions, photographs or documentary evidence In opposition to the motion.

CRITICAL

Applies to

Notice of pretrial

A copy of the Malpractice Arbitration Rules must be attached to the notice of pre-trial sent to counsel of record.

25.03 Rules of Arbitration. When notice of pre-trial Is sent to counsel of record, a copy of the Malpractice Arbitration Rules will be attached to sald notice.

CRITICAL

Applies to

Chairman nominations

Each party must rate the potential chairmen in order of priority.

Each party shall rate the potential chairman in order of priority.

CRITICAL

Applies to

Publication notice

A notice used for service by publication must conform to Rule 4.4(A)(1) of the Ohio Rules of Civil Procedure.

The content of the notice shall conform-to-Rule 4.4(A)(1), Ohio Rules of Civil Procedure.

CRITICAL

Applies to

DR-1

Whenever child or spousal support is or may be at issue, an extra copy of the DR-1 must be filed with the Clerk.

Whenever child support or spousal support is or may be an issue there shall be filed with the Clerk: An extra copy of the DR-1.

CRITICAL

Applies to

Subsequent pleading motion or application

Subsequent pleadings, motions, and applications must state the case number and the name of the first plaintiff and first defendant on each side.

Pleadings filed subsequent to the complaint, including motions and applications shall state the number of the case, the name of the first party-plaintiff and first party-defendant on each side.

CRITICAL

Applies to

Written discovery consultation statement

The party seeking discovery must advise the court in writing that consultation did not resolve the dispute and state the remaining disputes, consultation date, time, and place, and participants’ names.

unless the party seeking discovery shall first advise the court in wriling that after personal consultation and sincere attempts to resolve differences the partles are unable to reach an accord. This statement shall recite those matters which remaln in dispute, and in addition, the date, time and place of such consultation, and the names of all parties participating therein.

CRITICAL

Applies to

Hearing notice

The hearing notice must state the appraised value and inform defendants of each party's right to elect to purchase the property at that value.

Sald notice shall also inform the Defendants of the appraised value and of the right of each party to elect to purchase the real estate at the appraised value in writing filed with the Court three days before the date set for hearing with copies being served upon all counsel, parties having no counsel and other parties served by publication for whom addresses have been obtained.

CRITICAL

Applies to

Motion

A motion must state its grounds with particularity and specify the relief or order sought.

The motion shall state with particularity the grounds upon which it Is made and shall set forth the rellef or order sought.

CRITICAL

Applies to

Extension motion

For an extension beyond Rule 13.01 or when the parties cannot agree, the requesting party must submit a written motion supported by an affidavit stating facts showing practical impossibility of pleading within the rule and good cause for further extension.

Where an additional extension of time beyond that provided by paragraph 13.01 is needed or where the parties cannot agree upon an extension of time, the party desiring the extension shall fille a written motion supported by an affidavit stating facts Indicating the practical impossibility of pleading within rule and demonstrating good cause for further extension.

CRITICAL

Applies to

Dissenting opinion

If the panel members do not agree on the finding and award, the dissenting member must submit a written dissenting opinion for filing with the majority report.

In the event that all three members do not agree on the finding and award, the dissenting member shall submit a written dissenting opinion to be filled with the malorly report.

CRITICAL

Applies to

Ex parte order request

Must include

proposed order

Counsel seeking an ex parte order under Civil Rule 75(I) or (N) must present the complete file and a proposed entry or entries at the personal conference with the Judge.

Counsel desiring an ex-parte order pursuant to Civil Rule 75 (I) or (N) must arrange a personal conference with the Judge and present the complete file together with a proposed entry or entries, During the conference counsel may be required to provide background information and respond to inquiry pertinent to the relief sought.

CRITICAL

Applies to

Complaint or motion

Requests for spousal support, child support, or custody must be included in the Complaint or in a Motion accompanied by satisfactory affidavit proof.

Requests for allowance of spousal support, child support and custody must either be Included in the Complaint or a Motion accompanied by satisfactory proof by Affidavit.

CRITICAL

Applies to

Joint motion

a jolnt motion by all counsel Is to be filed stating the case is settled and to be dismissed, setting forth instructions to the Chairman and Arbitrators to submit a statement for compensation for services rendered, if any

a jolnt motion by all counsel Is to be filed stating the case is settled and to be dismissed, setting forth instructions to the Chairman and Arbitrators to submit a statement for compensation for services rendered, if any

CRITICAL

Applies to

First pleading

When a support order is to be issued or modified, the Obligee must sign and file an application for Title IV-D Services with the Obligee's first pleading.

Additionally, in all cases where a support order is to be issued or modified, the Obligee shall sign and file with the Obligee's first pleading, an application for Title IV-D Services.

CRITICAL

Applies to

Answer

Form DR-1 must be completed and served with an Answer unless the person answering does not dispute the other party's Form DR-1.

Form DR-1 will also be filled and served with Answers unless the person filing the Answer has no dispute with the Form DR-1 filed by the other party.

CRITICAL

Applies to

Proposed findings conclusions

A party requesting separate findings must submit a proposed statement of findings of fact and conclusions of law to the Court.

shall submit to the Court a proposed statement of findings of fact and conclusions of law.

CRITICAL

Applies to

Support entry

The text begins an additional required provision for support entries concerning an Employer or Workers Compensation Agency, but the requirement is incomplete in the provided excerpt.

* 5. * A provision that any Employer, Workers Compensation Agency, or

CRITICAL

Applies to

Trial brief

Trial Briefs shall contain: (a) A short statement of the case. (b) A memorandum of the law upon which Plaintiff relies for relief requested in the complaint. Memorandum of Defendant on law which Defendant relies to deny rellef requested by Plaintiff. (c) Memorandum of the law involved with unusual trial procedure that may be contemplated Including introduction of evidence, motions; or any special request to be made to the Court for both Plaintiff and Defendant. (d) Issues of fact to be determined. Both Plaintiff and Defendant. (e) Names of witnesses and/or exhibits to be presented to prove each issue for both Plaintiff and Defendant. Advice to the Court as to whether or not, special finding of the Jury will be requested, Interrogatories will be submitted to the Jury. (g) Xerox copy of any major cases or authorities cited and xerox copy of any

Trial Briefs shall contain: (a) A short statement of the case. (b) A memorandum of the law upon which Plaintiff relies for relief requested in the complaint. Memorandum of Defendant on law which Defendant relies to deny rellef requested by Plaintiff. (c) Memorandum of the law involved with unusual trial procedure that may be contemplated Including introduction of evidence, motions; or any special request to be made to the Court for both Plaintiff and Defendant. (d) Issues of fact to be determined. Both Plaintiff and Defendant. (e) Names of witnesses and/or exhibits to be presented to prove each issue for both Plaintiff and Defendant. Advice to the Court as to whether or not, special finding of the Jury will be requested, Interrogatories will be submitted to the Jury. (g) Xerox copy of any major cases or authorities cited and xerox copy of any

CRITICAL

Applies to

Journal entry

Whenever child or spousal support is or may be at issue, an extra copy of any journal entry dealing with that support must be filed with the Clerk.

Whenever child support or spousal support is or may be an issue there shall be filed with the Clerk: An extra copy of any Journal Entry dealing with Child support or spousal support;

CRITICAL

Applies to

Trial brief

A party seeking affirmative relief must file a trial brief within the prescribed time or the pleading may be dismissed without prejudice for lack of prosecution, at that party’s costs.

Any complaint, counterclaim, or other affirmative rellef pleading may be dismissed without prejudice for lack of prosecution If a party seeking such affirmative relief through Its complaint, counterclaim or other affirmative rellef pleading does not file a trial brief within the time limit prescribed herein at sald parly's costs.

CRITICAL

Applies to

Pretrial statement

A formal pretrial statement must address the case’s factual and legal issues, witnesses and expected testimony, exhibits, legal positions and authorities, applicable special damages, and written expert opinions.

(2) All attorneys shall file with the Court and serve upon all other attorneys appearing In the action, not less than two (2) days prior to the date of the formal pretrial conference, a Pretrial statement: (a) advising the court in detall of the factual and legal issues which the case presents; - (b) listing names and addresses of prospective witnesses; (c) outlining the expected testimony of witnesses and controverted factual • Issues, as indicated above; (a) listing all exhibits the party proposes to offer into evidence. (e) setting forth the parly's position on legal issues, including any significant evidentiary questions, with a citation of authorities in support thereof; (f) as to any party seeking monetary damages, attaching an itemized list of special damages and expenses, If applicable; and (g) attaching coples of written opinions of all persons who may be called as expert witnesses, including physicians, which shall not constitute a waiver of privilege granted under 2317.02 of the Ohlo Revised Code, as set forth In Civil Rule 16. A party calling an expert witness, shall request such written report from the expert witness early enough in the proceeding to be able to comply with this rule.

CRITICAL

Applies to

Complaint petition counterclaim or motion

Whenever child or spousal support is or may be at issue, an extra copy of the complaint, petition, counterclaim, or motion must be filed with the Clerk.

Whenever child support or spousal support is or may be an issue there shall be filed with the Clerk: An extra copy of the Complaint, Petition, Counterclaim, or Motion;

CRITICAL

Applies to

Cognovit judgment petition

A cognovit-judgment petition must contain or be accompanied by an affidavit stating either that the note maker resides in Noble County or that a maker signed the warrant of attorney there.

19.02 When a petition is presented to the Court for the rendering of a cognovit Judgment, it shall contain, or be accompanied by, an affidavit to the effect: 1. That the maker of the cognovit note resides in Noble County, or 2. That the maker, or any one of several makers, of the cognovit note signed the warrant of attorney in Noble County.

WARNING

Applies to

Pretrial statement

A pretrial statement is not required for a limited pretrial conference unless the court specifically orders one.

No pre-trial statement, as defined in paragraph B (2)hereof, will be required for a limited pretrial conference, unless the Court specially orders to the contrary.

WARNING

Applies to

Trial brief and proposed jury instructions

The Court may require trial counsel to prepare and submit trial briefs and proposed jury instructions, and must set a submission schedule if it does.

The Court may order trial counsel to prepare and submit to the court trial briefs and proposed jury instructions. In such event, the court shall establish a schedule for the submission of sald documents.

WARNING

Applies to

Trial brief

For a trial to the Court, the trial brief must state whether the party wants the Court to make a special finding of fact and conclusion of law.

(h)e-In case It is a trial.to the Court,-the.trial.brief.will.contaln Information as.to whether. or not the party will desire the Court to make a speclal finding of fact and conclusion of law.

WARNING

Applies to

Proposed journal entry

If adverse counsel does not communicate approval or rejection, prevailing counsel may submit the proposed entry to the Court for approval with an appropriate notation.

If approval or rejection is not communicated to prevailing counsel, prevailing counsel may submit the proposed entry with appropriate notation to the Court for approval.

WARNING

Applies to

Journal entry

If the prevailing party does not prepare an entry within seven days, opposing counsel may promptly present an entry to the Court for approval.

If the prevailing parly does not prepare an entry within the seven day period, opposing counsel may forthwith present an entry to the Court for approval.

WARNING

Applies to

Amended pleading or motion

When an amended pleading or motion is filed, the original and any prior amendment must remain in the file.

Upon the filling of an amended pleading or motion, the original or any prior amendment thereof shall not be withdrawn from the file.