Perry County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Proposed findings conclusions

When requested, an attorney of record seeking findings of fact and conclusions of law must present proposed findings and conclusions to the Magistrate within seven days of the request.

If an attorney of record requests findings of fact and conclusions of law, he or she shall, if requested, present proposed findings and conclusions to the Magistrate within seven (7) days of the request.

CRITICAL

Applies to

Other reports required by law

The GAL must submit any other reports required by Rule of Superintendence 48 or the Ohio Revised Code.

E) Any other reports as required by Rule of Superintendence 48 or the Ohio Revised Code.

CRITICAL

Applies to

Divorce complaint legal separation complaint dissolution application

Divorce and legal-separation complaints and dissolution applications must include the birth dates of all children of the marriage, including adopted children.

All complaints for divorce, legal separation and applications for dissolution of marriage will include the birth date of all issue of such marriage, to include adoptions.

CRITICAL

Applies to

Witness list

Witness lists exchanged or presented to the Court must include each potential witness’s name, address, and telephone number if known.

F. witness lists exchanged between parties and/or presented to the Court are to provide the name and address and telephone number if known of each potential witness to be called.

CRITICAL

Applies to

Judgment entry, settlement entry, or dismissal entry

Judgment, settlement, and dismissal entries must provide for payment of costs to be accepted for filing.

The Clerk of Courts shall not accept for filing any judgment entry or entry of settlement or dismissal of a case unless provision for the payment of costs is made therein.

CRITICAL

Applies to

Continuance motion

A continuance requires a motion, a memorandum stating the reasons, and an entry signed by the appropriate judge.

E. No continuances will be granted without a motion, a memorandum giving reasons therefore, and an entry signed by the appropriate Judge.

CRITICAL

Applies to

Adoption petitions and decrees

Every adoption case must include an original and a copy of each petition and decree; additional copies may be requested for service.

The Court requires that an original and a copy of all petitions and decrees shall be filed in every adoption case. Additional copies may be requested as required for service.

CRITICAL

Applies to

Witness recording waiver

A witness may be filmed or recorded only with that witness’s written waiver and consent.

The filming or recording of any witness shall only be with the written waiver and consent of the witness.

CRITICAL

Applies to

Inventory

When multiple fiduciaries are appointed, all fiduciaries must sign the inventory.

All fiduciaries must sign the inventory when there is multiple fiduciaries appointed.

CRITICAL

Applies to

Facsimile transmission

Fax submissions must include all required identification on the cover page and may pertain to only one case per transmission.

The attorney or party sending the document must provide all required identification on the cover page of the transmission. Transmissions without such information will not be accepted for filing. A transmitted document must pertain to only one case.

CRITICAL

Applies to

Application to relieve estate from administration

An applicant seeking release of an estate from administration without an attorney must show proof of identification.

All applicants to relieve an Estate from Administration, who is not represented by an attorney, shall show proof of identification.

CRITICAL

Applies to

Motion

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

Any motions filed in this Court must be accompanied by a memorandum stating the grounds and citing the authorities relied upon.

CRITICAL

Applies to

Psychological evaluation report

When the Court orders a psychological evaluation, the psychologist’s report must be submitted to the Court within 60 days of the order or as directed by the presiding Judge or Magistrate.

13.1 In any case in which the Court orders a psychological evaluation, the report of the psychologist shall be submitted to the Court within sixty (60) days from the Court’s order, or as directed by the presiding Judge or Magistrate.

CRITICAL

Applies to

Annual account

If there is a guardian of a person’s estate is it necessary to file an account annually.

If there is a guardian of a person’s estate is it necessary to file an account annually.

CRITICAL

Applies to

Complaint

Custody and paternity complaints must include the birth dates of the parties and the minor children at issue; omission may result in dismissal sua sponte.

1. All complaints for custody and paternity actions will include the birth date of the parties and the minor children at issue of such custody. Failure to do so may result in a dismissal by the Court Sua Sponte.

CRITICAL

Applies to

Preplacement application

For a private placement adoption, proposed adopting parents must file the Court-prescribed preplacement application at least 15 days before placement.

In private placement adoptions, a preplacement application in a form prescribed by the Court shall be filed by the proposed adopting parents not less than fifteen (15) days prior to placement.

CRITICAL

Applies to

Subsequent litigation document

Must include

caption, case number

Subsequent pleadings, motions, briefs, and other litigation documents must state the case number and the names of the first plaintiff and first defendant.

Subsequent pleadings, motions, briefs or other litigation documents shall set forth the case number, the name of the first party plaintiff and the first party defendant.

CRITICAL

Applies to

Termination application

A copy of the death certificate must be attached to an application to terminate a deceased ward’s guardianship.

When applying for termination of a deceased ward, a copy of the death certificate needs to be attached.

CRITICAL

Applies to

Notice of appearance

An attorney who undertakes representation in a pending suit must immediately notify the Clerk; a time-stamped notice is sufficient evidence, and failure waives notice under the rules.

As soon as an attorney ascertains that he/she represents any party in any suit then pending in this Court, he/she shall immediately notify the Clerk so that proper notation can be made upon the file, the appearance and court dockets. A copy of a time stamped notice shall be satisfactory evidence that notice was given. Failure to so notify the Clerk shall be deemed a waiver of any notice required under these court rules.

CRITICAL

Applies to

Income worksheet

Income information in worksheets must be documented with at least the prior year's W-2 and six months of paystubs, or a written employer statement.

All worksheet income information shall be supported with documentation. The documentation shall consist at minimum of the previous years W-2 and copies of the last six months paystubs or a written employer’s statement as to this information.

CRITICAL

Applies to

Account

Each account must be personally signed by the fiduciary and include the fiduciary's name, address, and telephone number.

All accounts must be personally signed by the fiduciary and contain the name, address, and telephone number of the fiduciary.

CRITICAL

Applies to

Complaint and motion for emergency hearing

Before filing the complaint, the attorney must present a sworn complaint and a motion for emergency hearing to a judge or magistrate.

Prior to filing the Complaint, the attorney shall first bring a sworn Complaint and Motion for Emergency Hearing to a Judge or Magistrate.

CRITICAL

Applies to

Additional bond

A bonding agency must approve any additional bond in writing before the Court approves it.

Any additional bonds must be approved in writing by a bonding agency prior to court approval.

CRITICAL

Applies to

Civil complaint or petition

A request for issuance of summons must be filed with every original or amended complaint or petition in a civil action.

A request for Issuance of Summons shall be filed with all original and amended complaints or petitions in civil actions.

CRITICAL

Applies to

Motion

Each motion must include a supporting memorandum citing relied-upon authorities and underlying operative facts; a motion without one may be struck.

All motions shall be accompanied by a supporting memorandum citing authorities relied upon and any underlying operative facts. In the absence of such memorandum such motion may be struck from the files.

CRITICAL

Applies to

Exhibit release order

An admitted exhibit may be withdrawn only with the prosecutor's prior approval and a written Court order specifying to whom each item is released.

In all criminal cases no exhibit once placed in evidence may be withdrawn without the prior approval of the prosecuting attorney and by written order of the Court, designating to whom specifically which items are to be released.

CRITICAL

Applies to

Bond

When a bond is required, a bonding agency must approve it in writing before letters of authority are issued.

Bond must be approved in writing by a bonding agency before letters of authority will be issued in all matters that require a bond.

CRITICAL

Applies to

Motion to dispense with guardian appointment

A motion is required to dispense with appointment of a guardian.

A motion will be required to dispense with the appointment of a guardian.

CRITICAL

Applies to

Transcript

Every filed transcript must identify the court reporter by name, address, and telephone number.

Every transcript filed in this Court shall bear the name, address and telephone number of the court reporter making the same.

CRITICAL

Applies to

Fax filing cover page

Must include

caption, judge name, case number

A fax filing must comply with the civil and criminal rules and be preceded by a cover page containing the listed case, filer, transmission, and document information.

Requirements of any fax copy filed shall conform to the civil and criminal rules and shall be preceded in transmission by a cover page, which includes the following information: * Caption of the case * Case number * Assigned Judge * Description of the document being filed * Attorney name, address, Ohio Supreme Court registration number, telephone and fax number * Date and time of fax initiation * Transmitting fax number * Number of pages, including the cover page, being transmitted

CRITICAL

Applies to

Transcript request motion

A transcript request for a case pending further hearing must be made by written motion, which should identify who is responsible for payment; no transcript will be prepared without a court order.

3.10 If a request for transcript is for cases that are pending further hearing, (i.e., objections, trial, closed cases, etc.) that request must be made by filing a written Motion whether the attorney is appointed, or retained, or represents the State. The Motion should specify who is responsible for payment. No transcript shall be prepared unless ordered by the Court.

CRITICAL

Applies to

Proposed media use

A proposal to use new media equipment must be in writing and detail the devices, locations, times, and expected distractions.

The proposed use of any new media paraphernalia shall be in writing, detailing devices, locations, times and any distraction that would be caused thereby, etc.

CRITICAL

Applies to

Continuance request

A continuance request must be filed in writing.

Any request for a continuance must be filed in writing.

CRITICAL

Applies to

Guardian report and expert evaluation

A guardian of the person must file the guardian’s report and expert evaluation annually.

The guardian of the person must file the guardian’s report and expert evaluation on an annual basis.

CRITICAL

Applies to

Estate attorney fee application

An estate attorney-fee application must state the fee amount and the services rendered.

Applications for attorney fees in estates shall include a statement of the amount of the fees and a statement of the services rendered.

CRITICAL

Applies to

Default set aside request

To obtain relief from a default judgment, the defaulting party must present a proper pleading and an affidavit stating the cause of default, and show a meritorious claim or defense and its nature.

In cases where a judgment, order or decree has been rendered upon default, in addition to the requirements of Rule 60 (b) of the Civil Rules, the judgment, order or decree shall not be set aside unless the party in default presents a proper pleading in the case, together with his affidavit or the affidavit of his agent or attorney, setting forth the facts, showing the cause of the default. The party shall also show there is a meritorious cause of action or defense and the facts showing the nature of it.

CRITICAL

Applies to

Inventory

The inventory must be filed and approved before estate or guardianship assets may be distributed, sold, or spent.

The Court will not approve the distribution, sale or expenditure of any assets in an estate or guardianship prior to the filing and approval of the inventory.

CRITICAL

Applies to

Marriage license application

A minor applying for a marriage license must provide proof of marriage counseling and make an appointment with the Judge before applying.

Pursuant to Ohio R.C. 3101.05 any minor applying for a marriage license must provide proof of having had marriage counseling and make an appointment with the Judge prior to applying.

CRITICAL

Applies to

Fax filing

A faxed document requiring a signature must either include the source-document signature or use “/s/” followed by the signer’s name where the signature would appear.

Any document requiring a signature shall either contain the signature on the source document at the time of fax transmission or be submitted without the signature but the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.

CRITICAL

Applies to

Expense report

Appointed criminal counsel must submit a report stating the expense's purpose and approximate amount and obtain the Court's approval by order before incurring the expense.

Appointed counsel in criminal cases shall not incur expenses in the investigation or preparation of their case until they have first submitted to the Court a report disclosing the purpose of the expense, the approximate amount of such expense, and secured the Court’s approval by way of an order therefore.

CRITICAL

Applies to

Adoption case

A criminal background check and the petitioner’s account must be filed in every adoption case.

A criminal background check and petitioner’s account shall be filed in all cases pursuant Ohio R.C. 2151.86(B).

CRITICAL

Applies to

Special needs trust expenditure

Special needs trust expenditures require prior Court approval.

(2) No expenditures will be permitted without prior approval of the Court.

CRITICAL

Applies to

Inventory

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

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

CRITICAL

Applies to

Proposed entry

Must include

certificate of service

Every proposed entry submitted to the Court must include a certificate of service listing the names and addresses of all parties and other interested persons who must be served.

Any proposed entry submitted to the Court shall contain a certificate of service including the names and addresses of all parties and other interested persons required to be served.

CRITICAL

Applies to

Complaint or motion to dismiss telephone ex parte order

On the next business day after a telephone ex parte order is issued, the agency must file either a Complaint or a Motion to Dismiss the order.

On the next business day following the issuance of a telephone ex parte order, the agency shall file either a Complaint or a Motion to Dismiss the telephone ex parte order.

CRITICAL

Applies to

Party filing

Every filing on behalf of a party must state filing counsel’s name, address, and telephone number and, for a law-firm filing, identify the attorney primarily responsible for the case.

Every pleading, motion or document filed on behalf of a party shall be printed or typed thereon the name, address, and telephone number of counsel filing the same. If filed by a law firm, it shall be indicated thereon the name of the particular attorney having primary responsibility for the case.

CRITICAL

Applies to

Motion to dispense with guardian appointment

A copy of the minor’s birth certificate must be filed with the motion to dispense with appointment of a guardian.

A copy of the minor’s birth certificate must be filed with the motion to dispense.

CRITICAL

Applies to

Motion to set order aside

A motion to set aside an interlocutory order must state the party’s objection with particularity.

Any person may appeal to the Court from an interlocutory order by filing a Motion to Set the Order Aside, stating the party’s objection with particularity.

CRITICAL

Applies to

Cle documentation

Attorneys on the appointment list must complete six hours of juvenile-law CLE each calendar year and provide documentation to the Court by December 31.

6.2 The Court shall maintain a list of attorneys approved by the presiding Judge for appointment to indigent parties or to serve as guardian ad litem. Attorneys on the appointment list shall complete six hours of CLE, specific to juvenile law, each calendar year and provide documentation of the same by December 31 of each year to the Court.

CRITICAL

Applies to

Verification of receipt and deposit

A verification of receipt and deposit from the financial institution must be obtained and filed with the Court within 30 days of the entry.

obtain a verification of receipt and deposit from the financial institution and file the form with the Court within thirty days of the issuance of the entry.