Ottawa County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion

Every motion must state its grounds with particularity and clearly identify the relief or order sought.

All motions shall state with particularity the grounds and shall clearly state the relief or order sought.

CRITICAL

Applies to

Pleadings

A litigant claiming inability to prepay or secure costs must complete and file the required Affidavit of Poverty with the pleadings, and the Court may review it at any stage.

If a litigant claims inability to either pre-pay or give security for costs, the litigant shall complete an Affidavit of Poverty required by O. R. C. § 2323.30 and O. R. C. § 2323.31, substantiating such inability, all of which shall be filed with the pleadings and treated as other papers in such case, and be subject to review by the Court at any stage of the proceedings.

CRITICAL

Applies to

Fax filing

Must include

caption, case number

A fax filing must include a cover page with the specified court, case, document, transmission, page-count, and filer information.

The person filing a document by fax shall also provide therewith a cover page containing the following information (see Appendix 1): (a) Name of the Court; (b) Title of the case; (c) The case number; (d) Title of the document being filed (e.g. Complaint for Custody, Motion to Modify Support); (e) Date of transmission; (f) Transmitting fax number; (g) Number of pages in the transmission, including the cover page; (h) Name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document, if available.

CRITICAL

Applies to

Signed fax filing

A party fax-filing a signed source document must fax either the signed document or an unsigned copy marked “/s/” followed by the signer's name where the signature would appear.

A party who wishes to file a signed source document by fax shall either: (a) fax a copy of the signed source document; or (b) fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.

CRITICAL

Applies to

Fax filing

An exhibit that cannot be accurately faxed must be replaced by an insert page describing the exhibit and explaining why it is missing.

Each exhibit to a facsimile-produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Missing exhibit filing

Must include

caption, judge name, case number

A separately filed missing exhibit must have a cover sheet with the specified case and exhibit information and must be signed and served under the rules governing pleadings.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the Court, title of the case, the case number, name of the judge and the title of the exhibit being filed and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw must state the grounds for withdrawal and the required client and opposing-counsel notice or notification efforts.

An attorney seeking to withdraw as counsel of record shall timely file a written motion stating the grounds for withdrawing from the case; that the attorney has notified or made every possible attempt to notify the client of the intended action, the subsequent hearing dates, and the necessity of the client’s appearance at such hearings; and that the attorney has notified opposing counsel of the intended action.

CRITICAL

Applies to

Application for assigned-counsel fees above the maximum allowed by the Ottawa County Fee Schedule

An application for assigned-counsel fees above the schedule maximum must include a Motion for Extraordinary Fees and a proposed Judgment Entry.

Applications for fees which are greater than the maximum allowed by the Ottawa County Fee Schedule for Assigned Counsel must be accompanied by a Motion for Extraordinary Fees and a proposed Judgment Entry.

CRITICAL

Applies to

Order of appointment

An Order of Appointment must state the guardian’s appointment capacity, when the appointment ends, and the guardian’s entitlement to notice and case documents.

(1) When appointing a guardian ad litem under this rule the court shall enter an Order of Appointment which shall include: (a) A statement regarding whether a person is being appointed as a guardian ad litem only or as a guardian ad litem and attorney for the child. (b) A statement that the appointment shall remain in effect until discharged by order of the court, by the court filing a final order in the case or by court rule. (c) A statement that the guardian ad litem shall be given notice of all hearings and proceedings and shall be provided a copy of all pleadings, motions, notices and other documents filed in the case.

CRITICAL

Applies to

Guardian ad litem final report

A guardian ad litem must prepare a written final report with recommendations and detail the listed activities and information considered.

A guardian ad litem shall prepare a written final report, including recommendations to the court, within the times set forth in this division. The report shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted and all other relevant information considered by the guardian ad litem in reaching the guardian ad litem’s recommendations and in accomplishing the duties required by statute, by court rule, and in the court’s Order of Appointment.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

A motion for continuance must include a proposed judgment entry ordering reassignment if the motion is granted.

Said motions shall be accompanied by a proposed judgment entry ordering the reassignment of said case in the event the motion is granted.

CRITICAL

Applies to

Complaint

Original actions must be initiated by a sworn complaint.

Original actions shall be initiated by sworn complaint.

CRITICAL

Applies to

Complaint or motion

A completed copy of each listed document must be filed with the complaint or motion.

A completed copy of the following documents must be filed with the complaint or motion: (a) Information for Parenting Proceeding (see Appendix 2, JC-1) (b) Affidavit of General Information (see Appendix 3, JC-2)

CRITICAL

Applies to

Form JC-1

When Plaintiff files the Complaint, Plaintiff is deemed to have notice of and be bound by the Mutual Restraining Order, and must acknowledge receipt on Form JC-1.

Upon Plaintiff’s filing of a Complaint, Plaintiff is deemed to have notice of and be bound by the MUTUAL RESTRAINING ORDER. Plaintiff shall acknowledge receipt of a copy of the MUTUAL RESTRAINING ORDER on this Court’s standard form JC-1.

CRITICAL

Applies to

Parenting affidavit

The parenting affidavit must affirmatively state that Plaintiff received the Mutual Restraining Order.

[NOTE: This will require an affirmative statement on the parenting affidavit that the Plaintiff has received the MUTUAL RESTRAINING ORDER.]

CRITICAL

Applies to

Pleading, motion, or memorandum

Must include

judge name, case number

The covered pleadings, motions, and memoranda must include counsel’s identifying and contact information, the assigned Judge or Magistrate’s name, and the case number.

A. Name, address, telephone number, Supreme Court number and email address of counsel. B. The name of the Judge and/or Magistrate to whom the case is assigned. C. The case number.

CRITICAL

Original pleadings and final judgment entries must include the current address of all parties; post-judgment motions count as original pleadings.

D. Current address of all parties to the action on original pleadings and final judgment entries. (All post-judgment motions shall be considered an original pleading for purposes of this rule).

CRITICAL

Applies to

Pleading

Must include

caption

The caption of the first pleading in which or after which a new party is added must state that party’s name and address.

When a new party plaintiff or defendant is added to a case after the commencement thereof, the caption of the first pleading in which or after which such new party is added shall contain the name and address of the new party.

CRITICAL

Applies to

Judgment entry

A judgment entry’s caption must identify the attorney who prepared it.

The name of the attorney preparing a judgment entry shall appear in the caption of the Entry.

CRITICAL

Applies to

Motion or pleading

Must include

proposed order

Motions and pleadings requiring a ruling must be accompanied by a separate proposed judgment entry or order and a signature line labeled “Judge/Magistrate.”

All Motions and other pleadings requiring a court ruling shall be accompanied by a proposed judgment entry or order not attached to the motion/pleading, and a signature line with "Judge/Magistrate" thereunder.

CRITICAL

Applies to

Fax filing

Every FAX filing must include a coversheet containing the specified court, case, transmission, filer, and cost information.

C. A Facsimile Coversheet must accompany all FAX filings. The coversheet must contain the following: 1. the name of the court; 2. the title of the case; 3. the case number; 4. the assigned judge; 5. the title of the document being sent 6. the date of the transmission; 7. the transmitting fax number; 8. an indication of the number of pages included in the transmission, including the cover page; 9. if a judge or case number has not been assigned, state that fact on the cover page; 10. the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and 11. if applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Notice of address change

Counsel must file written notice with the Clerk of any address change for counsel or a party.

Counsel shall file with the Clerk, written notice of any change of address for counsel or parties.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a separate Judgment Entry/Order.

A separate Judgment Entry/Order must be provided with each motion.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

Each continuance request must include a judgment entry/order with spaces for the new date and time, denial, and a Judge/Magistrate signature.

All requests for continuance shall be accompanied by an appropriate judgment entry/order with a blank space for the Court to fill in the new date/time, a space to deny the motion and a signature line with "Judge/Magistrate" thereunder.

CRITICAL

Applies to

Discovery service notice

The party serving the specified discovery requests must file a notice stating that they were served.

Said party shall file with the Court a notice that same were served upon the opposing counsel or party.

CRITICAL

Applies to

Discovery response

Must include

certificate of service

The responding party must file a certification stating that answers were served on the adverse party.

The party responding shall file with the Court a certification that answers have been served on the adverse party.

CRITICAL

Applies to

Motion

A motion seeking relief under Civil Rule 26(c) or 37 concerning specified discovery must be filed with copies of the disputed portions of the discovery documents.

If relief is sought under Civ. R. 26(c) or Civ. R. 37 concerning any interrogatories, requests for production or inspection and requests for admissions, copies of the portions of such documents which are in dispute shall be filed with the Court contemporaneously with any motion filed.

CRITICAL

Applies to

Notice of intent to use deposition at trial

The party filing a deposition recording must contemporaneously file a notice of intent to use it at trial listing all transcript objections with page-and-line citations.

The party filing the tape/recording shall also file contemporaneously therewith a Notice of the party's intent to use same at trial with a list of all objections within the transcript, including citation to the page and line of the objection.

CRITICAL

No attorney shall be permitted to withdraw in a pending case without good cause shown.

No attorney shall be permitted to withdraw in a pending case without good cause shown.

CRITICAL

Must include

certificate of service

A withdrawal motion must state the cause for withdrawal and include a certificate of service on opposing counsel and the client, with instructions for obtaining the client's file.

The attorney seeking to withdraw shall file a motion citing the cause for seeking to withdraw and shall attach a certificate of service to all opposing counsel and the withdrawing attorney's client with instructions to the client for obtaining his/her file.

CRITICAL

Applies to

Notice of substitution of counsel

An attorney may withdraw in a pending case where he/she or the substituting attorney files a notice of substitution of counsel identifying the name, Supreme Court registration number, address, telephone number and email address of the attorney substituting his/her appearance.

An attorney may withdraw in a pending case where he/she or the substituting attorney files a notice of substitution of counsel identifying the name, Supreme Court registration number, address, telephone number and email address of the attorney substituting his/her appearance.

CRITICAL

Applies to

Journal entry

When the adverse party does not sign, return, or file the entry after ten days, the preparing party must submit it to the Court and note on the signature line when and how it was presented.

If the entry is presented to the adverse party as in section 18.01 above, and the adverse party fails to sign, return and/or file the entry after ten (10) days, the party who prepared the entry shall submit the entry to the Court and shall indicate on the signature line when the entry was presented to the adverse party and the manner of presentment.

CRITICAL

Applies to

Proposed findings conclusions

For a Civil Rule 52 request, the requesting party must submit proposed findings and conclusions and serve copies within seven days after notice of the decision; each opposing party must submit its proposed statement within seven days after receiving the requester's statement.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provision of Civil Rule 52, the party requesting such statement shall, within seven (7) days after the receipt of notice of the Court's decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof to all opposing parties or their counsel. Within seven (7) days after receipt of such proposed statement each opposing party shall submit to the Court a proposed statement of findings of fact and conclusions of law.

CRITICAL

Applies to

Original action

Original and refiled actions must include a completed case designation sheet, and the filing attorney or party must select the appropriate designation.

Original actions and refiled actions shall be accompanied by a completed case designation sheet. (See Appendix – Form 2). The attorney/party filing the action is responsible for choosing the appropriate designation.

CRITICAL

Applies to

Jury view request

A request for a jury view must be written and filed with the Court fourteen days before trial.

d. Request for Jury View. A request for a jury view shall be in writing and filed with the Court fourteen (14) days before trial.

CRITICAL

Applies to

Motion

A motion for default judgment must include an affidavit and comply with Civil Rule 55.

Motions for Default Judgment must be accompanied by an Affidavit and must comply with Civ. R. 55.

CRITICAL

Applies to

Motion

A summary-judgment motion must be filed with supporting affidavits, depositions, exhibits, documentation, and a memorandum of authorities, and those materials must be served on the opposing parties.

The party filing the motion shall file with it and cause to be served on the opposing party(s), supporting affidavits, depositions, exhibits and documentation and a memorandum of authorities in support of the motion.

CRITICAL

Applies to

Criminal pretrial order

At the pretrial, counsel must cooperate to complete a Criminal Pretrial Order and present it to the Court for review.

At the pretrial, counsel shall cooperate to complete a Criminal Pretrial Order and present it to the Court for review.

CRITICAL

Applies to

Criminal final pretrial order

At the final pretrial, counsel must cooperate to complete a Criminal Final Pretrial Order if the case is resolved, or proceed to trial.

At the final pretrial, counsel shall cooperate to either complete a Criminal Final Pretrial Order (Case Resolved) or proceed to trial.

CRITICAL

Applies to

Stipulations

Any stipulations must be reduced to writing and filed with the Court.

3. Have any stipulations reduced to writing and filed with the Court;

CRITICAL

Applies to

Jury view request

A jury-view request must be written and filed with the Court with the required fee, which will be applied to transportation costs.

A request for a jury view shall be in writing and filed with the Court with the required fee, which will be applied to transportation costs.

CRITICAL

Applies to

Motion

A motion to continue or modify bond must state whether the opposing party agrees or objects.

Any party filing a motion to continue or a motion to modify bond, shall note on the motion, whether the opposing party is in agreement or objects to the motion.

CRITICAL

Applies to

Motion intervention in lieu of conviction

A motion for Intervention in Lieu of Conviction must be supported by a memorandum outlining the defendant’s appropriateness for intervention.

Upon Application for participation in the Prosecutor's Pretrial Diversion Programs or a Motion for Intervention in Lieu of Conviction supported by a memorandum outlining Defendant's appropriateness for Intervention, the Court shall issue an Order directing Defendant to report to the Adult Probation Department to execute/obtain necessary documentation to determine eligibility.

CRITICAL

Applies to

Petition for certificate of qualification for employment

A CQE petition must be filed with the Clerk of Courts and must include the DRC electronic petition number and printed receipt if filed through the DRC, or the prescribed written petition form if not filed electronically through the DRC.

1. In order to request a CQE, the Petition for Certificate of Qualification for Employment pursuant to RC 2953.25 shall be filed with the Clerk of Courts by the Petitioner. The Petitioner shall provide the DRC Electronic Petition Number and attach a printed receipt of electronic Petition if submitted through the DRC. If not submitted electronically through the DRC, a written Petition must be completed on the form prescribed by the DRC and attached to the pleading.

CRITICAL

Applies to

Petition for certificate of qualification for employment

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

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

CRITICAL

Applies to

Request for court-appointed counsel

Indigent defendants seeking appointed counsel must complete a Financial Disclosure/Affidavit of Indigency and pay all statutory fees before counsel is appointed.

Indigent defendants requesting court-appointed counsel shall complete a Financial Disclosure/Affidavit of Indigency and shall pay all statutory fees prior to appointment of counsel.

CRITICAL

Applies to

Motion entry certification for appointed counsel fees

Counsel must attach the defendant's Financial Disclosure/Affidavit of Indigency to the appointed-counsel-fee filing.

Counsel shall attach a copy of defendant's Financial Disclosure/Affidavit of Indigency to the Motion, Entry, and Certification for Appointed Counsel Fees.

CRITICAL

Applies to

Motion for extraordinary fees

A motion for extraordinary fees must include the dates services were provided, time spent on each service, and a description of each service.

Motions shall be accompanied by a detailed explanation of dates services were provided, the amount of time for each service and a description of the service provided.

CRITICAL

Applies to

Expungement petition

An expungement petition must include the petitioner’s full name and address in its caption.

Petitions shall contain the petitioner's full name and address in the caption.

CRITICAL

Applies to

Expungement petition

An expungement petitioner must comply with Rule 6 and file an Expungement Information Form.

In addition, the petitioner shall comply with Rule 6 and file an Expungement Information Form.

CRITICAL

Applies to

Cognovit judgment complaint

A complaint seeking a Cognovit judgment, presented with the original warrant, must contain or be accompanied by an affidavit stating the specified facts.

When a complaint is presented to the Court for the rendering of a Cognovit judgment together with the original warrant, it shall contain, or be accompanied by, an affidavit to the effect:

CRITICAL

Applies to

Cognovit affidavit

The required Cognovit affidavit must state either that the maker resides in Ottawa County or that a maker signed the warrant of attorney there.

A. That the maker of the Cognovit now resides in Ottawa County, or B. That the maker, or any one of several makers, of the Cognovit note signed the warrant of attorney in Ottawa County.

CRITICAL

Applies to

Cognovit judgment complaint

A judgment creditor’s attorney must include the defendant’s last known address, to the best of the attorney’s knowledge, in the complaint.

The attorney who represents the judgment creditor shall include in the complaint a statement setting forth to the best of his knowledge the last known address of the defendant or defendants.

CRITICAL

Applies to

Cognovit judgment entry

Immediately after entry of a Cognovit judgment, the judgment creditor’s attorney must provide the Clerk the judgment entry, a copy for each defendant, and the original warrant.

Immediately upon the entering of any judgment the attorney who represents the judgment creditor shall furnish a copy of the judgment entry and a copy thereof for each defendant to the Clerk of this Court, together with the original warrant.

CRITICAL

Applies to

Notice of judgment entry

The plaintiff’s attorney must deliver two copies of the Notice of Judgment Entry for each defendant and a properly addressed and stamped registered- or certified-mail envelope for each defendant to the Clerk.

The attorney for the plaintiff shall deliver two copies of the Notice of Judgment Entry for each defendant to the Clerk, together with an envelope addressed to each defendant, bearing the Clerk's return address, properly stamped for registered or certified mail.

CRITICAL

Applies to

Preliminary title evidence

In the specified real-property actions, the plaintiff’s attorney must file preliminary title evidence within 30 days after the complaint, containing specified ownership and recording information and prepared by a title and abstract company no more than 30 days before the complaint, except in the stated tax-foreclosure proceedings.

In actions to quiet title, partition and for the marshaling and foreclosure of liens on real property and except those involving foreclosure of real property for delinquent land taxes by In Rem proceedings under Section 5721.18, the attorney for the plaintiff shall procure and file with the Clerk, within thirty (30) days after the filing of the complaint, evidence of the state of the record title to the premises in question including the name of the owners of the property to be sold and a reference to the volume and page of the recording of the next preceding recorded instrument by or through which the owners claim title as the same shall have been prepared and extended by a responsible title and abstract company to a date not over thirty (30) days prior to the filing of the complaint.

CRITICAL

Applies to

Confirmation order

In foreclosure actions, the plaintiff’s attorney must provide for payment of real estate taxes in the confirmation order.

It shall, however, be the responsibility of the attorney for the plaintiff to provide for payment of real estate taxes in the confirmation order.

CRITICAL

Applies to

Sheriff deed

A sheriff’s deed may not issue until real estate taxes are paid in full through the transfer date.

Further, no sheriff's deed shall be issued unless and until the real estate taxes have been paid in full to the date of transfer.

CRITICAL

Applies to

Final title extension certificate

At judgment, a final title-extension certificate must be prepared and filed, showing the property’s location and record title as of a date no more than 30 days before the decree.

At the time of entry of judgment in any such case a final certificate of extension of the evidence of title shall be prepared and filed in accordance with the foregoing requirements showing the address or location of the property and the record state of title as of a date not more than thirty (30) days prior to the taking of the decree.

CRITICAL

Applies to

Title work cost statement

A statement of title-work costs and the Judicial Report premium must be filed with the Clerk before the sale is confirmed.

A statement of the costs for the title work and the Judicial Report premium shall be filed with the Clerk before the sale will be confirmed.

CRITICAL

Applies to

Receiver inventory

A receiver must file an inventory of all property and assets in their possession as soon as practicable after appointment and no later than 30 days after taking possession, unless the Court orders otherwise.

As soon as practicable after appointment, and not more than thirty (30) days after taking possession of property, a receiver shall file an inventory of all property and assets in his/her possession unless otherwise ordered by the Court.

CRITICAL

Applies to

Receiver report

A receiver must file reports covering receipts, disbursements with receipts, and receiver acts and transactions within three months of appointment and every three months thereafter until discharged, or at other times directed by the Court.

A receiver shall file reports of receipts and of all moneys disbursed by him/her (with receipts for same) and of his/her acts and transactions as receiver within three (3) months after the date of appointment and at regular intervals every three (3) months thereafter until discharged or at such other times as the Court may direct.

CRITICAL

Applies to

Objection

Objections to a magistrate's decision must specifically state each ground for objection.

An objection to a magistrate's decision shall be specific and state with particularity all grounds for objection.

CRITICAL

Applies to

Objection

A supporting memorandum must be filed with objections unless a transcript is necessary for review and has been ordered from the court reporter.

A memorandum shall be filed in support of objections to the Magistrate's Decision at the time of filing the objections unless a transcript of proceedings is necessary for the Court's review of the Magistrate's Decision and has been ordered from the court's reporter.

CRITICAL

Applies to

Objection

An objection to a factual finding must be supported by a transcript of all relevant evidence or, if unavailable, an affidavit of that evidence.

An objection to a factual finding, whether or not specifically designated as a finding of fact, shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that finding or an affidavit of that evidence if a transcript is not available.

CRITICAL

Applies to

Transcript request

A transcript request must be submitted to the court reporter in writing, and a deposit must be paid.

A request for a transcript must be submitted to the court reporter in writing and a deposit for the transcript paid..

CRITICAL

Applies to

Oral hearing request

A party seeking an oral hearing on objections must file a written request.

If a party desires an oral hearing on objections to a Magistrate's Decision, a written request must be filed.

CRITICAL

Applies to

Settlement and dismissal entry

Must include

proposed order

For a settlement or dismissal more than two days before the hearing, the parties must file the standard Settlement & Dismissal Entry, serve the Assignment Commissioner, and notify the arbitrators; if settlement is within two days of arbitration, the entry must also order payment of fees and identify the arbitrators, their addresses, and the amounts due.

In the event that a case is settled or dismissed more than two (2) days prior to the date of hearing, the parties shall file the standard Settlement & Dismissal Entry, shall serve the Assignment Commissioner with a copy, and shall notify the arbitrators of the settlement. If the settlement is within two (2) days or less prior to the arbitration, the Settlement & Dismissal Entry shall also contain an order for payment of fees to the arbitrations, designating their names, addresses and amounts due.

CRITICAL

Applies to

Report and award

All Board members must sign the Report and Award; a dissenting member must write “Dissents” before their signature, while a minority report is optional for that arbitrator.

The Report and Award shall be signed by all of the members of the Board. In the event that all three members do not agree on the findings and award, the dissenting member shall write the word "Dissents" before his or her signature. A minority report shall not be required unless the dissenting arbitrator elects to submit one.

CRITICAL

Applies to

Notice of appeal

An appellant must file a de novo Notice of Appeal with an affidavit stating that the appeal is not taken for delay and that the appellant believes an injustice has been done.

An appellant shall file a Notice of Appeal de novo, together with an affidavit that the appeal is not taken for delay but because he believes an injustice has been done, in the office of the Clerk of Courts.

CRITICAL

Applies to

Civil protection order petition

A Civil Protection Order petition must be verified, meet Ohio Revised Code requirements, identify the specified people by name, date of birth, and Social Security number, and include a Child Custody Affidavit when protection is sought for a minor child.

A Petition for a Civil Protection Order shall be verified and comply with the requirements of Ohio Revised Code. It shall contain therein the names, dates of birth and Social Security Numbers of the Petitioner, Respondent and family or household members for whom protection is sought. Where protection is sought for any minor child, the petition shall be accompanied by a Child Custody Affidavit.

CRITICAL

Applies to

Notice of bankruptcy stay

When a party to a pending case files bankruptcy, the party or counsel must file a Notice of Bankruptcy Stay stating the bankruptcy chapter, filing date, and case number.

Where a party to a pending case files bankruptcy, the party, or counsel if applicable, shall file a Notice of Bankruptcy Stay, which shall include the chapter filed, the date of filing and the bankruptcy case number.

CRITICAL

Applies to

Case designation sheet

Plaintiff’s counsel must complete the case designation sheet.

THIS CASE DESIGNATION SHEET MUST BE COMPLETED BY COUNSEL FOR PLAINTIFF AND FILED WITH THE CLERK WHEN THE COMPLAINT IS FILED.

CRITICAL

Applies to

Sealing expungement request

A sealing or expungement request should include a completed form and a copy of the journal entry or other court documentation.

1. Ensure that your request is in order, including submission of a completed sealing/expungement form (sample included with this letter), accompanied by a copy of the journal entry or other court documentation.

CRITICAL

Applies to

Sealing expungement request

A sealing or expungement request must specify the degree of a misdemeanor, but need not specify the degree of a felony.

2. If the offense to be sealed/expunged is a misdemeanor, the degree of misdemeanor must be specified; it is not necessary to specify the degree of felony.

CRITICAL

Applies to

Criminal pretrial order

Attorneys must complete the Criminal Pretrial Order at all criminal pretrials.

(To be Completed by Attorneys at All Criminal Pretrials)

CRITICAL

Applies to

Stipulations

Counsel must confer in person, reduce agreed stipulations to writing, obtain all counsel’s signatures, and submit them to the Court.

Stipulations - Counsel for the parties are directed to confer in person, agree upon stipulations, and reduce them to writing. Stipulations are to be signed by all counsel and submitted to the Court

CRITICAL

Applies to

Jury instructions

Proposed jury instructions that depart from OJI and any additional proposed instructions must be submitted to the Court and opposing counsel and supported by legal authority.

Any jury instructions that do not follow OJI and any additional proposed jury instructions, must be submitted to the Court and opposing counsel. Such proposed jury instructions shall be supported by legal authority.

CRITICAL

Applies to

Memoranda

Counsel must submit memoranda citing legal authority for evidentiary questions and other legal issues reasonably anticipated to arise at trial.

Counsel for the parties are directed to submit to the Court appropriate memoranda with citations to legal authority in support of evidentiary questions and any other legal issues which may be reasonably anticipated to arise at trial.

CRITICAL

Applies to

Trial exhibits

Plaintiff’s exhibits must use numbers and Defendant’s exhibits must use letters, with double letters used if the Defendant has more than 26 exhibits.

All exhibits shall be marked with Plaintiff using numbers and Defendant using letters. If the defendant has more than 26 exhibits, double letters shall be used.

CRITICAL

Applies to

Trial exhibit index

An index of trial exhibits must be provided to the Court no later than the morning of trial.

An index of the exhibits to be used at trial shall be provided to the Court no later than the morning of the trial.

CRITICAL

Applies to

Extension application

Applications for extensions of time must be signed by the fiduciary and/or applicant and the attorney of record.

(A) All applications for extensions of time must be signed by the fiduciary and/or the applicant and the attorney of record.

CRITICAL

Applies to

Fax document

The person submitting a fax must keep the original or source copy, provide it to the Probate Court for inspection upon demand, and retain it until opportunities for post-judgment relief are exhausted.

The person submitting the document shall maintain the original/source copy and make it available to the Probate Court upon demand for inspection. The document shall be retained by this person for the requisite time period until opportunities for post judgment relief are exhausted.

CRITICAL

Applies to

Filing

Filings must include specified identifying and contact information for counsel or, if there is no counsel, for the fiduciary; noncompliant filings may be refused.

(B) All filings shall contain the name, address, telephone number, email address, and attorney registration number of the individual counsel representing the fiduciary. In the absence of counsel, all filings shall contain the name, address, telephone number, and e-mail address (if any) of the fiduciary. Any filing not containing the above requirements may be refused.

CRITICAL

Applies to

Fiduciary filing

Fiduciaries, unless statutorily excepted, must file a Statement of Permanent Address form consistent with ORC 2109.21(F).

(C) All fiduciaries (including executors, administrators, commissioners, guardians, and trustees – unless statutorily excepted), must file a Statement of Permanent Address form consistent with ORC 2109.21(F). See Appendix B.

CRITICAL

Applies to

Filing

Must include

caption

Pleadings, motions, and other filings must be correctly captioned; illegible filings may be refused.

(E) All pleadings, motions or other filings are to be typed or printed in ink and correctly captioned. Filings that are illegible may be refused.

CRITICAL

Applies to

Filing

Must include

case number

Every page of each filing, including attachments, must show the case number.

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

CRITICAL

Applies to

Initial estate filing

All initial estate filings must include a certified copy of the death certificate.

(G) A certified copy of a death certificate is required for all initial estate filings.

CRITICAL

Applies to

Withdrawal of counsel

A motion to withdraw counsel must include an attorney certification stating the reason for withdrawal and the specified client-notice and file-delivery information.

Withdrawal of counsel may be approved only upon submission of the following to the Court: (A) A certification from the attorney seeking to withdraw from the case stating: (1) The reason for the need to withdraw; (2) That the client has received the withdrawing attorney’s entire file on the case, or that the client has been given express written notice of where and when the entire file may be examined; (3) That a written notice containing all Court dates and deadlines has been given to the client; and (4) That the attorney has given the client an explanation of the case and the consequences of this action, including notice to the client that if he/she fails to appear personally, or through counsel, at any scheduled event in the case, the Court may hold the client in contempt of Court.

CRITICAL

Applies to

Withdrawal of counsel

Must include

proposed order

(B) A proposed Entry.

(B) A proposed Entry.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The applicant or another person listed in R.C. 2107.19 must file the Certificate of Service of Notice of Probate of Will (SPF 2.4).

The applicant for the admission of a will to probate, or another person listed in R.C. 2107.19, shall file a Certificate of Service of Notice of Probate of Will (SPF 2.4) not later than two (2) months after the appointment of the fiduciary or, if no fiduciary has been appointed, not later than two (2) months after the admission of the will to probate.

CRITICAL

Applies to

Application for appointment of appraiser

For out-of-county real estate, the fiduciary’s attorney must file an appraiser appointment application that includes an affidavit stating the appraiser meets the relevant county probate court’s standards.

(A) When it is necessary to determine the value of real estate located outside of Ottawa County, the attorney for the fiduciary shall file an application for appointment of appraiser which includes an affidavit stating that the appraiser meets the standards set forth by the Probate Court of the county in which the real estate is located.

CRITICAL

Applies to

Appropriate form

A copy of the auditor’s property-record evaluation must be attached to the appropriate form when it is used as the readily ascertainable value of the property.

A copy of said evaluation shall be attached to the appropriate form.

CRITICAL

Applies to

Assets and liabilities form SPF 5 1

The attorney must add language to the assets and liabilities form stating that the estate is insolvent and proceeding under the rule.

The attorney shall add language to the form that the estate is insolvent and the estate is proceeding under this rule.

CRITICAL

Applies to

Motion for extension of time to file account

A motion to extend the time to file an account must be in writing and signed by both the attorney and the estate fiduciary.

A motion for extension of time to file an account must be submitted in writing and signed by both the attorney and the fiduciary for the estate.

CRITICAL

Applies to

Account

If a final account cannot be fully rendered when due, a partial account and a status report must be filed.

(B) If a final account cannot be fully rendered when due, a partial account shall be filed along with a status report.

CRITICAL

Applies to

Vouchers

Vouchers must be provided to the Court for verification for all trusts and guardianships and are returned to the attorney of record or fiduciary after verification.

(A) Vouchers must be provided to the Court for verification on all trusts and guardianships. Upon the verification by the Court, all vouchers shall be returned to the attorney of record and/or the fiduciary.

CRITICAL

Applies to

Partial account attorney fee request

An Application and Order must be submitted for attorney fees requested on a partial account.

(A) An Application and Order must be submitted for attorney fees requested on a partial account.

CRITICAL

Applies to

Certificate of termination

The fiduciary must file a Certificate of Termination within 30 days after completing estate administration to be discharged.

Within thirty (30) days after completing the administration of the estate, the fiduciary shall file a Certificate of Termination pursuant to R.C. 2109.30(B)(2) and be discharged.

CRITICAL

Applies to

Complaint

In land sale proceedings, the plaintiff must file evidence of title with the Complaint, in one of the forms specified or otherwise satisfactory to the Court.

(A) In all land sale proceedings, the plaintiff shall file, along with a Complaint, evidence of title showing the record condition of the title to the premises described in the complaint and prepared by a title company licensed by the State of Ohio, an attorney’s certificate, or other evidence of title satisfactory to the Court.

CRITICAL

Applies to

Certificate

Before a public sale, the plaintiff must file a certificate confirming that defendants received the required notice and that the sale was advertised as required by statute.

Prior to the public sale, the plaintiff shall file a certificate stating that the required notice was given to the defendants and the sale was advertised pursuant to § 2127.32 of the Revised Code.

CRITICAL

Applies to

Judgment entry

In private-sale proceedings by civil action, the judgment entry must state the gross proceeds and include an itemized proposed closing statement.

(C) In all private sale proceedings by civil action, the judgment entry confirming sale, ordering issuance of deed, and ordering distribution shall show the gross amount of the proceeds and include a copy of the proposed closing statement itemizing all of the proposed disbursements.

CRITICAL

Applies to

Complaint

The complaint in a land sale proceeding must name all interested parties as defendants, including the specified county treasurers when applicable.

(A) All interested parties in a land sale proceeding shall be named as defendants in the complaint (including the Treasurer of Ottawa County and the Treasurer of any other Ohio county if selling land outside Ottawa County).

CRITICAL

Applies to

Status report

The status report must describe efforts to sell the real estate and the expected case-closing date.

The status report shall address the efforts being made to sell the real estate and an expected date as to when the case will be closed.

CRITICAL

Applies to

Guardianship application

Applications to appoint a guardian for mental incompetence or to dismiss such a guardianship must include an expert evaluation or a statement that the prospective ward refused examination.

(A) All applications for the appointment of a guardian on the grounds of mental incompetence or for dismissal of such guardianship shall be accompanied by a Statement of Expert Evaluation by a physician or a licensed clinical psychologist or a statement that the prospective ward refused to submit to an examination.

CRITICAL

Applies to

Guardianship application

The Court will not accept an expert evaluation prepared more than 90 days before the guardian-appointment application is filed.

(B) The Court will not accept a Statement of Expert Evaluation prepared more than ninety (90) days prior to the filing of an application for the appointment of a guardian.

CRITICAL

Applies to

Emergency guardianship application

An emergency guardianship application may be granted only on testimony, affidavit, or other evidence showing the required immediate risk and that a guardian-appointment application has been filed.

(A) The Court may grant an application for emergency guardianship only by testimony, affidavit or other evidence showing that immediate action is required to prevent significant injury to the alleged ward or the property of the alleged ward and that an application for the appointment of a guardian of the person or estate or both has been filed with the Court.

CRITICAL

Applies to

Emergency guardianship application

(B) For all applications for the appointment of an emergency guardian, a physician shall provide a Statement of Expert Evaluation and supplement to

(B) For all applications for the appointment of an emergency guardian, a physician shall provide a Statement of Expert Evaluation and supplement to

CRITICAL

Applies to

Guardian report

A Statement of Expert Evaluation must accompany the guardian’s report unless Local Rule 66.1(D) makes it unnecessary.

(B) A Statement of Expert Evaluation must accompany the guardian’s report unless not required pursuant to Local Rule 66.1(D).

CRITICAL

Applies to

Application for appointment of guardian of minor

An application by someone other than a minor’s natural parent must state the applicant’s relationship to the minor and the reasons for the application and guardianship.

(A) All applications for the appointment of a guardian of minor, if other than by the natural parent, shall state: (1) the relationship of the applicant to the minor; (2) the reason that the applicant and not the natural parent is making the application; and (3) the reason for the necessity of the guardianship.

CRITICAL

Applies to

Guardianship involving minor

A custody affidavit under O.R.C. 3109.23 must be filed in every guardianship involving a minor.

(B) A custody affidavit (O.R.C. 3109.23) shall be a required filing on all guardianships involving minors.

CRITICAL

Applies to

Application for appointment of guardian of minor

A certified copy of the minor’s birth certificate must be presented to the Court, and a copy must be filed with the guardianship application.

A certified copy of the minor’s birth certificate must be presented to the Court and a copy of said birth certificate filed with an application for appointment of guardian of a minor.

CRITICAL

Applies to

Verification of receipt and deposit

The attorney for the applicants or payor must acknowledge responsibility for depositing the funds and providing the entry to the financial institution, then obtain and file Form 22.3 within 30 days after the entry is issued.

(B) Pursuant to Sup. R. 67(C), the attorney representing the applicants or the payor in the matter shall acknowledge responsibility for depositing the funds and providing the financial institution with a copy of the entry. The attorney shall obtain a Verification of Receipt and Deposit (Ottawa County Form 22.3) from the financial institution and file the form with the Court within thirty (30) days of the issuance of the entry.

CRITICAL

Applies to

Application

Must include

caption

For settlements of $25,000 or less, the custodian must apply, the application must be captioned in the minor’s name, and specified parental or custody facts must be stated.

(A) An application involving the payment of twenty-five thousand dollars ($25,000) or less shall be by the person having custody of the minor and shall be captioned in the name of the minor. If either or both parents are deceased, or their whereabouts are unknown, such facts shall be noted. If the parents are divorced or separated, and custody has been awarded to the applicant, the application shall so state.

CRITICAL

Applies to

Application

For a minor’s settlement claim exceeding $25,000, the guardian of the estate must bring the application.

(B) An application for settlement of a minor’s claim which exceeds twenty-five thousand dollars ($25,000) shall be brought by the guardian of the estate.

CRITICAL

Applies to

Application

An application must include an examining physician’s statement addressing the injuries, recovery, and prognosis, dated within 90 days before filing.

(C) An application shall be accompanied by a current statement of an examining physician with respect to the injuries sustained, the extent of the recovery, and the physician’s prognosis. Said statement shall be dated within ninety (90) days of the filing of the application for approval.

CRITICAL

Applies to

Application

A copy of the proposed release of claims must be attached to the minor-settlement application.

(D) A copy of the proposed release of claims shall be attached to the application for approval of settlement of claims for injuries to a minor.

CRITICAL

Applies to

Application

A certified copy of the minor’s birth certificate must be presented to the Court when the settlement application is filed.

(E) A certified copy of the minor’s birth certificate must be presented to the Court upon the filing of the application to settle a minor’s claim.

CRITICAL

Applies to

Application

The application must state any arrangements made for counsel fees, which are subject to Court review.

(F) The application shall state what arrangements, if any, have been made with respect to counsel fees. Said fees shall be subject to review by the Court.

CRITICAL

An attorney representing the applicant must disclose the attorney’s relationship with the payor.

(L) Any attorney representing the applicant shall disclose his or her relationship with the payor.

CRITICAL

Applies to

Application

An application for counsel fees for services to a guardian, trustee, or other fiduciary must be filed by both the fiduciary and attorney and state the services rendered and amount claimed.

(C) An application shall be filed for the allowance of counsel fees for services rendered to a guardian, trustee, or other fiduciary. The application shall be filed by the fiduciary and the attorney. The application shall set forth a statement of the services rendered and the amount claimed in conformity with division (A) of this rule.

CRITICAL

Applies to

Application for authority to enter contingent fee contract

Before a fiduciary enters a contingent-fee contract, an application for authority must be filed unless a local court rule orders otherwise, and the fee is subject to Court approval.

(H) Prior to the fiduciary entering into a contingent fee contract with an attorney for services, an application for authority to enter into the fee contract shall be filed with the Court, unless otherwise ordered by local court rule. The contingent fee on the amount obtained shall be subject to the approval of the Court.

CRITICAL

Applies to

Extraordinary fee request

(B) Extraordinary fees may be allowed if they are included on the schedule of computation and a separate itemized statement of services rendered is attached in support thereof.

(B) Extraordinary fees may be allowed if they are included on the schedule of computation and a separate itemized statement of services rendered is attached in support thereof.

CRITICAL

Applies to

Ottawa County Form 72 1

Ottawa County Form 72.1 must be prepared and filed for each estate in which Executor/Administrator fees are paid.

Ottawa County Form 72.1 shall be prepared and filed with each estate in which Executor/Administrator fees are paid.

CRITICAL

Applies to

Certificate of transfer

Each certificate of transfer must state the share of the decedent’s interest received by each beneficiary.

(A) All certificates of transfer shall indicate what share of the decedent’s interest each beneficiary is receiving.

CRITICAL

Applies to

Statement of expert evaluation

(B) A Statement of Expert Evaluation filed with the Court must be completed in full, be legible, and dated within three (3) months of the date of filing.

(B) A Statement of Expert Evaluation filed with the Court must be completed in full, be legible, and dated within three (3) months of the date of filing.

CRITICAL

Applies to

Motion

The moving party must serve and file with the motion a brief supporting statement and a list of supporting authorities.

(A) The moving party shall serve and file with the motion a brief written statement in support of the motion and a list of supporting citations of authorities.

CRITICAL

Applies to

Correspondence to the court

Correspondence to the Court must disclose to whom copies were furnished.

(A) Copies of all correspondence addressed to the Court by any party or counsel shall be mailed or furnished to other counsel or party in the case, and the correspondence to the Court shall disclose to whom copies were furnished.

CRITICAL

Applies to

Counsel fee computation

A request for extraordinary legal services must include an itemized statement of the services performed, their dates, time spent, and hourly rate charged.

(Itemized statement attached stating services performed, the date services were performed, the time spent in rendering said services, and the hourly rate charged therefore)

CRITICALCivil cases

Applies to

Divorce case

To commence a divorce case, file the listed documents with the Clerk of Courts, including an additional DR-1 copy for CSEA and applicable temporary-orders and child-support documents.

1. A divorce case shall be commenced by the filing of the following documents with the Clerk of Courts: (a) Complaint; (b) Court Affidavit (DR-1) (one additional copy for CSEA); (c) Affidavit of Income, Monthly Expenses and Financial Disclosure (DR-2); (d) Motion for Temporary Orders with attached affidavit, if applicable; (e) Child Support Worksheet, if applicable.

CRITICALCivil cases

Applies to

Original pleading

In domestic relations actions involving child or spousal support, original pleadings must include the parties’ Social Security numbers and dates of birth and the names, birthdates, and Social Security numbers of all involved children.

(a) In all domestic relations actions involving child and/or spousal support, the Social Security number and the date of birth of the parties shall be included in the caption of original pleadings and in all judgment entries. The pleadings and judgment entries shall also contain the names, birthdates and social security numbers of all children involved.

CRITICALCivil cases

Applies to

Request for oral hearing

A request for an oral hearing on temporary orders must be in writing and include a Notice of Hearing.

Said request shall be in writing and shall include a Notice of Hearing.

CRITICALCivil cases

Applies to

Trial brief

A required trial brief must address the listed property, debt, earnings, and special or unusual issues.

Said brief shall include the following information: (a) A statement of each item of separate property and value thereof; (b) A statement of each item of marital property and value thereof; (c) A statement of each marital debt; (d) A statement of the earnings of the parties for the current year to date and the prior three (3) years; and (e) Any special or unusual issues.

CRITICALCivil cases

Applies to

Dissolution filing

A dissolution must be commenced by filing the listed documents with the Clerk of Courts, including a Child Support Worksheet if applicable.

A dissolution of marriage shall be commenced by the filing of the following documents with the Clerk of Courts: (a) Petition for Dissolution with attached Separation Agreement; (b) Court Affidavit (DR-1) (one additional copy for CSEA); (c) Affidavit of Income, Monthly Expenses and Financial Disclosure (DR-2); and (d) Child Support Worksheet, if applicable.

CRITICALCivil cases

Applies to

Court affidavit dr 1

The dissolution filing must include one additional copy of the Court Affidavit (DR-1) for CSEA.

(b) Court Affidavit (DR-1) (one additional copy for CSEA);

CRITICALCivil cases

Applies to

Judgment entry

The parties or their counsel must submit a signed Judgment Entry to the Court at the final hearing.

The parties and/or counsel shall submit a signed Judgment Entry to the Court at the final hearing.

CRITICALCivil cases

Applies to

Motion

The listed motion must be filed with a Notice of Hearing, the specified financial affidavit, and a Child Support Worksheet if applicable; the hearing date must be obtained from the Assignment Clerk and inserted in the notice.

(a) Motion, INCLUDING Notice of Hearing. NOTE: Contact Assignment Clerk to obtain a hearing date and insert date in Notice. (b) Affidavit of Income, Monthly Expenses and Financial Disclosure (DR-2); and (c) Child Support Worksheet, if applicable.

CRITICALCivil cases

Applies to

Motion

A motion to show cause or for contempt must be commenced by filing a Motion and an Order to Appear.

1. A motion to show cause and/or motion for contempt shall be commenced by the filing of the following documents: (a) Motion; and (b) Order to Appear.

CRITICALCivil cases

Applies to

Motion

A motion to change allocation of parental rights must be commenced by filing a Motion with Notice of Hearing, the specified financial affidavit, and a Child Support Worksheet.

1. A motion for change of allocation of parental rights shall be commenced by the filing of the following documents: (a) Motion, INCLUDING Notice of Hearing. NOTE: Contact the Assignment Clerk to obtain a hearing date and insert date in Notice. (b) Affidavit of Income, Monthly Expenses and Financial Disclosure (DR-2); and (c) Child Support Worksheet.

CRITICALCivil cases

Applies to

Post decree motion

All other post-decree motions must be commenced by filing a Motion that includes a Notice of Hearing.

1. All other post-decree motions shall be commenced by the filing of a Motion, INCLUDING a Notice of Hearing.

CRITICALCivil cases

Applies to

Post decree motion

Every post-decree motion must quote the prior order language at issue, state the requested change or enforcement, and give a complete and accurate basis for the request.

ALL POST-DECREE MOTIONS SHALL CONTAIN THE EXACT LANGUAGE OF THE PRIOR ORDER SOUGHT TO BE MODIFIED, THE CHANGE OR ENFORCEMENT REQUESTED AND A COMPLETE AND ACCURATE STATEMENT OF MOVANT'S BASIS FOR MODIFICATION AND/OR ENFORCEMENT.

CRITICALCivil cases

Applies to

Required documents

Required documents must be filed; otherwise, the Complaint, Answer, Counterclaim, or Motion may be dismissed.

(A) All documents required per stated rule must be filed or the Complaint, Answer, Counterclaim and/or Motion may be dismissed.

CRITICALCivil cases

Applies to

Judgment entry

A Health Insurance Order and Notice (DR-6) must be attached to every Judgment Entry submitted in a case involving minor children.

The Court has adopted a Health Insurance Order and Notice (DR-6). This Order and Notice shall be attached to each Judgment Entry submitted in cases involving minor children.

CRITICALCivil cases

Applies to

Judgment entry

Judgment Entries in cases establishing or modifying child support must include the specified child-support and agency-notification language.

In all cases wherein child support is established or modified, the following language shall be inserted in the Judgment Entries: "IT IS HEREBY ORDERED that the (Plaintiff/Defendant/ Petitioner) shall pay to the (Plaintiff/Defendant/Petitioner), as and for current support for the parties' minor child(ren), the amount of $_______ per month. Said sum shall be payable at the rate of $_______ per (weekly, bi-weekly, etc.) (per child), plus 2% processing fee, by mandatory wage withholding, through the Ottawa County Child Support Enforcement Agency, commencing on the ____ day of _______, ____. Said support obligation is based upon the gross annual earnings of the (Plaintiff/Petitioner) in the amount of $____ and upon the gross annual earnings of the (Defendant/ Petitioner) in the amount of $____. IT IS FURTHER ORDERED that each party to this support order must notify the Ottawa County Child Support Enforcement Agency in writing of his or her current mailing address, current residence address, current residence telephone number, current driver's license number, and of any changes in that information. Each party must notify the agency of all changes until further notice from the Court. If you are the obligor under a child support order and you fail to make the

WARNING

Applies to

Pleading motion memorandum

Pleadings, motions, and memoranda must include counsel’s name, address, telephone number, and Supreme Court registration number.

(a) Name, address, telephone number and Supreme Court registration number of counsel;

WARNING

Applies to

Original and post judgment pleading

Original and post-judgment pleadings must include the current address of every party to the action.

(b) Current address of all parties to the action on original and post- judgment pleadings.

WARNING

Applies to

Pleading motion memorandum

Cases involving custody and visitation must include an Affidavit of General Information (Appendix 3, form JC-2).

(c) Affidavit of General Information (see Appendix 3, form JC-2) for all cases involving custody and visitation.

WARNING

Applies to

Fax filing

A fax filer need not submit the source document to the Clerk but must retain the signed source document and fax cover sheet and produce them to the Court upon request.

The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production upon request by the Court, the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing.

WARNING

Applies to

Fax filing

The fax filer must retain the source document until the case is formally closed and all opportunities for post-judgment relief are exhausted.

The source document filed by fax shall be maintained by the person making the filing until the case is formally closed by the Court and all opportunities for post judgment relief are exhausted.

WARNING

Applies to

Signed fax filing

By fax-filing a signed document, the party represents that the physically signed source document is in their possession or control.

A party who files a signed document by fax represents that the physically signed source document is in her/her possession or control.

WARNING

Applies to

Guardian ad litem request

An attorney guardian ad litem may request timely court reviews and judicial intervention in writing when necessary.

(16) A guardian ad litem shall perform responsibilities in a prompt and timely manner, and, if necessary, an attorney guardian ad litem may request timely court reviews and judicial intervention in writing with notice to parties or affected agencies.

WARNING

Applies to

Guardian ad litem statement and accounting

A guardian ad litem paid by the court or a party must keep accurate case records, file an itemized statement and accounting with the court, and provide a copy to each responsible party or entity.

(17) A guardian ad litem who is to be paid by the court or a party, shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the court and provide a copy to each party or other entity responsible for payment.

WARNING

Applies to

Exhibit

Exhibits referred to on the record must be marked and identified.

All exhibits must be marked and identified if referred on the record.

WARNING

Applies to

Motion

A party may seek modification of the Mutual Restraining Order by filing a motion with a supporting affidavit and showing good cause.

Any party may file a Motion and supporting Affidavit to modify this standing MUTUAL RESTRAINING ORDER for good cause shown (see Appendix 10, JC-8).

WARNING

Applies to

Criminal discovery

Discovery in criminal cases must comply with Criminal Rule 16.

In all criminal cases, discovery shall be conducted in accordance with Crim. R. 16.

WARNING

Applies to

Civil discovery

Discovery in civil cases must comply with Civil Rules 26 through 37.

In all civil cases, discovery shall be conducted in accordance with Civil R. 26 – 37.

WARNING

Applies to

Deposition objections

Provide the Court with a deposition transcript and identify objections by page and line pursuant to Local Court Rule 14.04.

A transcript of deposition testimony shall be provided to the Court and objections shall be noted to the page(s) and lines pursuant to Local Court Rule 14.04.

WARNING

Applies to

Jury instructions

An electronic copy of the requested jury instructions, interrogatories, and verdict forms must also be supplied to the Staff Attorney.

An electronic copy shall also be supplied to the Staff Attorney.

WARNING

Applies to

Jury instructions

Requested instructions from O.J.I. should cite the O.J.I. instruction number. Other instruction should cite authorities.

Requested instructions from O.J.I. should cite the O.J.I. instruction number. Other instruction should cite authorities.

WARNING

Applies to

Jury instructions

Requested instructions from O.J.I. should cite the O.J.I. instruction number.

Requested instructions from O.J.I. should cite the O.J.I. instruction number.

WARNING

Applies to

Jury instructions

Other instruction should cite authorities Shepardized to date.

Other instruction should cite authorities Shepardized to date.

WARNING

Applies to

Preliminary title evidence

For good cause shown, the Court may permit a qualified person of recognized good standing to prepare the title evidence upon motion and notice to all interested parties.

The Court may, however, upon motion and notice to all interested parties and for good cause shown, permit such evidence of title to be prepared by any qualified person of recognized good standing.

WARNING

A person removed as receiver is ineligible for any later receiver appointment.

Any person removed as receiver shall be ineligible for any subsequent appointment.

WARNING

Applies to

Motion

Each motion is expected to have a substantial foundation that is explicitly stated in the motion.

It is expected that every motion filed will be supported by a substantial foundation and that such foundation will be explicitly stated in the motion.

WARNING

Applies to

Filing

A filing with a partially or wholly illegible signature may be refused or stricken unless the signer’s typewritten or printed name is clearly indicated.

(D) Filings containing partially or wholly illegible signatures of counsel, parties or officers administering oaths may be refused, or if filed, may be stricken unless the typewritten or printed name of the person whose signature is purported to appear is clearly indicated on the filing.

WARNING

Applies to

Statement of permanent address

A guardian must file and update a Statement of Permanent Address as necessary in accordance with the cited requirements.

A guardian must comply with Local Rule 57.2(C) and file and update as necessary, a Statement of Permanent Address form consistent with § 2109.21(F) of the Revised Code.

WARNING

Applies to

Application for extraordinary fees

Extraordinary fees based on time spent and services rendered may be considered for approval upon application.

(A) Upon application, extraordinary fees based upon time spent and services rendered may be considered for approval by the court.

INFO

Applies to

Guardian ad litem interim report

A guardian ad litem may file a written or oral interim report before the specified hearings, and written reports may be accessed by the parties or their legal representatives in person or by phone.

A guardian ad litem also may file an interim report, written or oral, any time prior to the dispositional hearing and prior to hearings on actions to terminate parental rights. Written reports may be accessed in person or by phone by the parties or their legal representatives.

INFO

Applies to

Jury view instruction objections

Objections to jury-view instructions may be made orally and will be determined on the day of trial.

Objections to instructions for the view may be made orally and will be determined on the day of trial.

INFO

Applies to

Jury instructions

Parties need not submit standard O.J.I. instructions applicable to all cases.

It is not necessary to submit standard O.J.I. instructions applicable to all cases.

INFO

The Ottawa County Treasurer need not be named as a party or file an answer in foreclosure actions.

In all foreclosure actions, it is not necessary for the Ottawa County Treasurer to be named as a party or for the Treasurer to file and answer.

INFO

Applies to

Receiver compensation application

Compensation applications are heard at the Court’s convenience.

Such applications shall be heard at the convenience of the Court.

INFO

Applies to

Objection

With leave of court, an alternative technology or method may be considered for reviewing relevant evidence.

With leave of court, alternative technology or manner of reviewing the relevant evidence may be considered.

INFO

Applies to

Objection

The objecting party should state in the objections that a transcript has been ordered.

The objecting party should state on the objections that a transcript of proceedings has been ordered.

INFO

Applies to

Jury instructions

The Court intends to follow the Ohio Jury Instructions as closely as possible.

The Court intends to adhere as closely as possible to the Ohio Jury Instructions.

INFO

Applies to

Fax document

A fax document and its signature are accepted as originals under Civ. R. 5(E), and no additional paperwork is required.

(1) A FAX document will be accepted as original and the signature accepted as original consistent with Civ. R. 5(E). No additional paperwork need be filed.

INFO

Applies to

Motion

A motion may, but is not required to, be accompanied by a separate proposed order.

(A) Motions may be accompanied by a separate proposed Order.