Perry County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Continuance motion

Must include

proposed order

Every continuance motion must include a proposed journal entry ordering reassignment to a definite date.

F. All Motions for a Continuance shall be accompanied by a proposed Journal Entry ordering the reassignment of said case for a date certain.

CRITICAL

Applies to

Gal report amendment

A written GAL report amendment must be filed seven days before a hearing, unless the presiding Judge or Magistrate permits otherwise, and provided to all counsel.

D) Any written amendment to a GAL Report must be filed seven (7) days before a hearing unless otherwise permitted by the presiding Judge or Magistrate, and shall be provided to all counsel by the GAL.

CRITICAL

Applies to

Proof of attendance

Each parent must provide the Court proof of attendance before the final hearing.

Costs of attendance shall be paid by each particular parent with proof of attendance to be provided to the Court prior to the final hearing.

CRITICAL

Applies to

Filing in matter assigned to acting judge

Filings in matters assigned to an Acting Judge must be filed in duplicate with a deputy clerk.

All filings in matters assigned to an Acting Judge are to be filed in duplicate with a deputy clerk of this Court and shall have the name of the Acting Judge shown in the caption.

CRITICAL

Applies to

Filing in matter assigned to acting judge

The original and duplicate filing must be filed with the Probate Court clerk.

The original and duplicate shall be filed with the clerk of the Probate Court.

CRITICAL

Applies to

Continuance request

A continuance request based on counsel having a previously set hearing date must include a copy of the notice for that earlier hearing.

G. All requests claiming that counsel has a previously set hearing date shall be accompanied by a copy of the notice for said earlier hearing.

CRITICAL

Applies to

Motion to withdraw

An attorney seeking to withdraw must file a motion stating the reasons for withdrawal.

Any attorney wishing to withdraw shall file a motion to withdraw stating the reasons.

CRITICAL

Applies to

Computer generated forms

The applicant’s or attorney’s signature certifies that computer-generated forms comply with the rules.

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

CRITICAL

Applies to

Account

When a bond is required, an account will not be accepted unless the bond covers twice the value of the personal property assets.

An account will not be accepted for filing unless the bond, when required, is sufficient to cover twice the sum of the value of the personal property assets.

CRITICAL

Applies to

Transcript

A party may not use a recording’s contents in a court pleading or argument unless the entire hearing transcript is filed with the Court.

The interested party will not be permitted to use the contents of a recording in any pleadings filed with the Court or in argument before the Court unless a transcript of the entire hearing is filed with the Court.

CRITICAL

Applies to

Counsel substitution

Counsel substitution must be filed in writing, but does not require Court approval.

Counsel substitution shall be filed with the Court in writing but does not require approval of the Court.

CRITICAL

Applies to

Guardianship appointment filing

An expert evaluation signed by a licensed medical doctor is required when filing for appointment as guardian of an incompetent adult.

When filing to be appointed as a guardian of an incompetent adult an expert evaluation signed by a licensed medical doctor.

CRITICAL

Applies to

Written waiver

The written waiver must acknowledge receipt of the required description of the surviving spouse’s rights.

The waiver shall include an acknowledgement of receipt of the description of the rights of the surviving spouse required by division (B) of section 2106.02 of the Ohio Revised Code.

CRITICAL

Applies to

Admission and waiver form

The child must sign the Admission and Waiver form, which must also be signed as approved by the parent, guardian, or custodian.

The child must enter an admission in writing to the offense charged by signing the appropriate Admission and Waiver form available at the Juvenile Court. The Admission form must also be signed as approved by the parent, guardian or custodian.

CRITICAL

Applies to

Objection to magistrate decision

Written objections to a Magistrate Decision must be specific and state their grounds with particularity.

The objection shall be specific and state with particularity the grounds for objection.

CRITICAL

Applies to

Pretrial submissions

At the pretrial, parties must submit trial briefs, witness and exhibit lists, court-ordered exhibits, and proposed jury instructions and interrogatories.

At the pretrial the following shall be submitted: A. trial briefs B. witness lists C. exhibit lists D. any exhibits that are ordered by the Court E. proposed jury instructions and proposed jury interrogatories

CRITICAL

Applies to

Consent judgment entry

Counsel must prepare consent judgment entries as directed by the Court, except in delinquency cases; the entries must be filed within 30 days after the hearing unless the presiding Judge or Magistrate orders or allows otherwise.

4.4 Consent judgment entries shall be prepared by counsel as directed by the Court, other than in delinquency cases, and shall be filed within thirty (30) days after the hearing, or as otherwise ordered/allowed by the presiding Judge or Magistrate.

CRITICAL

Applies to

Motion

Unless the Court orders otherwise, temporary spousal-support, support, and custody motions are decided on the motions and affidavits, subject to Ohio Civil Rule 75.

Subject to the provision of Rule 75 of the Ohio Rules of Civil Procedure and unless otherwise ordered by the Court, all motions for temporary spousal support, support and custody shall be decided on the basis of motions and affidavits.

CRITICAL

Applies to

Pretrial statement

If the case remains unsettled before pretrial, the parties must submit a pretrial statement to the Court and opposing counsel at the conference containing the specified facts, issues, exhibits, damages, witnesses, trial-time estimate, and any jury-view information.

If the case has not been settled prior to the time of pre – trial, the parties at the pre – trial conference shall submit to the Court and opposing counsel a pre – trial statement. This statement shall include: 1. A brief statement of the facts of the case. 2. A statement of those issues of facts that are disputed. 3. A statement of those issues of law that are disputed. 4. All exhibits expected to be offered into evidence. 5. An itemization of all expenses, losses of income and any other damages suffered by the complaining parties. 6. The names and addresses of expert witnesses to be called by the parties. 7. The names and addresses of lay witnesses to be called by the parties. 8. An estimate of the total time required for trial. 9. If a request for a jury view is to be made, a statement of what items of objects are to be pointed out by the bailiff.

CRITICAL

Applies to

Pleading

An applicant filing a pleading without an attorney must show photo identification and proof of a current address.

An applicant filing any type of pleading in this Court who is not represented by an attorney, shall exhibit a picture identification and proof of a current address.

CRITICAL

Applies to

Pleading or motion

The Court may require prescribed forms with pleadings or motions, and when it does, the requested information must be provided before filing is accepted unless the presiding Judge or Magistrate waives the requirement.

4.2 The Court may require the execution of forms as it shall prescribe to be filed with any pleading or Motion filed with the Clerk. No pleading or motion shall be accepted for filing until the information requested in such forms shall be provided, unless waived by presiding Judge or Magistrate.

CRITICAL

Applies to

Complaint and motion for shelter care

The children services agency must file the Complaint and Motion for Shelter Care within the Court-designated time frames; an untimely Motion will not be heard until the following day.

B) The children services agency shall file the Complaint and Motion for Shelter Care within the time frames designated by the Court. If the Motion for Shelter Care is not filed timely, it will not be heard until the following day.

CRITICAL

Applies to

Criminal background check application

Guardian applicants and current guardians covered by the rule must submit an application to the Court for a criminal background check; local attorneys are exempt from the background check.

All applicants applying for an appointment as a guardian as well as all current guardians who were serving as a guardian prior to this rule must submit an application to the Court to obtain a criminal background check.

CRITICAL

Applies to

New domestic relations filing

All new divorces, dissolutions and domestic matters relations filings, shall contain an application

All new divorces, dissolutions and domestic matters relations filings, shall contain an application

CRITICAL

Applies to

Guardianship attorney fee application

Guardianship attorney-fee applications are considered upon filing the inventory, additional fees may be considered with each yearly account, and an application must be submitted with the guardian’s or trustee’s consent.

The Court shall consider applications for attorney fees for the establishment of a guardianship upon the filing of the inventory. Additional fees may be considered at the time of each yearly account is filed. An application for attorney fees must be submitted to the court with the consent of the guardian/trustee.

CRITICAL

Applies to

Fiduciary filing

An attorney may not sign a filing on behalf of the fiduciary.

The attorney may not sign for the fiduciary.

CRITICAL

Applies to

Inventory

An inventory will not be accepted unless any required bond is in a sufficient amount.

The inventory will not be accepted for filing unless the bond, when required is of a sufficient amount.

CRITICAL

Applies to

Opposing affidavits and supporting documents

The filing of opposing affidavits and supporting documents must comply with Civil Rule 56.

The filing of opposing affidavits and supporting documents are subject to Civil Rule 56.

CRITICAL

Applies to

Filing

Filings must include the Application for Child Support Services or the Clerk will not accept them.

The Clerk of this Court will not accept any filings without said Application for Child Support Services attached thereto.

CRITICAL

Applies to

Motion

A Motion to Continue must be in writing and signed by the attorney or pro se litigant.

The Motion shall be in writing, signed by the attorney or pro se litigant, setting forth good cause for continuing the Trial Assignment Date.

CRITICAL

Applies to

Land sale status report

At the land-sale status conference, a written report must be submitted addressing pending issues and efforts to finalize the sale.

A written status report shall be submitted to the Court at this conference. This report shall address any pending issues and the efforts being made to finalize the sale.

CRITICAL

Applies to

Estate attorney fee application

An estate attorney-fee application must be approved and signed by the fiduciary.

The application must be approved and signed by the fiduciary.

CRITICAL

Applies to

Guardianship application

A guardianship applicant must provide the names and addresses of all adult children of the proposed ward.

When applying for guardianship, the applicant must provide names and addresses of all adult children of the proposed ward.

CRITICAL

Applies to

Complaint

Must include

caption

Every complaint must include each party’s name and, if known, address in the caption.

The caption in every complaint shall state the name and address, if known, of each party.

CRITICAL

Applies to

Child support payment agreement

The Agency will not recognize an agreement to pay less child support than ordered unless a recipient-signed copy is filed with the Agency and approved by the Court.

In no event will the Agency recognize an agreement by one party which authorizes the other party charged with child support payments to pay less than that specified in the order unless a copy of said agreement, signed by the recipient, is filed with the Agency and approved by the Court.

CRITICAL

Applies to

Motion to continue trial assignment date

Must include

certificate of service

The motion to continue the Trial Assignment Date must include a filed certificate of service.

A certificate of service shall be filed with the motion.

CRITICAL

Applies to

Withdrawal motion

A withdrawal requires a proper motion and a court finding that it is proper; an entry alone is insufficient without a court ruling.

No withdrawals of counsel shall be accepted without a proper motion and finding by the Court that said withdrawal is proper. A mere entry stating that counsel has withdrawn will not be accepted without ruling by the Court.

CRITICAL

Before executing a fiduciary bond, a surety company must register with the Court and file proof of its authorization to do business in Ohio.

Any surety company, prior to executing a fiduciary bond, must register with the Court and file proof that the company is authorized to do business within the state of Ohio.

CRITICAL

Applies to

Gal written report

After appointment in the listed cases, the GAL must file a written report before the first hearing unless the presiding Judge or Magistrate directs otherwise.

A) Following the appointment as Guardian ad Litem (GAL) in a dependency, neglect, abuse, delinquency, unruly, or private custody case, the GAL shall file a written report with the Court prior to the first hearing unless otherwise directed by the presiding Judge or Magistrate.

CRITICAL

Applies to

Typewritten document

Handwritten additions to typewritten documents must be initialed by all parties who sign the document.

Any handwritten additions to typewritten documents shall contain the initials of all parties affixing a signature thereto.

CRITICAL

Applies to

Withdrawal application and judgment entry

Counsel may withdraw only by application and a court-approved judgment entry made reasonably before trial; if known, the successor attorney’s name must appear in the entry, and counsel must serve the client and deposit a copy of the accompanying letter with the Clerk.

Withdrawal of such counsel shall be made only upon application with judgment entry of approval by the Court made reasonably before trial. If the successor attorney is known by the withdrawing attorney, the name of the successor attorney shall be included in the judgment entry. Upon allowance of withdrawal by the Court, such withdrawing counsel shall serve a copy of said judgment entry on the client, together with a letter, a copy of which shall be deposited with the Clerk.

CRITICAL

Applies to

Pleading

Pleadings must include the specified IV D Application and UCCJEA Affidavit; the Clerk will not accept filings without them.

Also, pleadings shall contain an Application for Child Support Services Non-Public Applicant / Recipient (IV D Application) and a UCCJEA Affidavit. The Clerk of Court will not accept any filings without said Applications and Affidavits.

CRITICAL

Applies to

Contingent fee agreement application

A fiduciary must submit a written application to the Court for authority to enter a contingent-fee agreement, which the Court will approve or disapprove after review.

All fiduciaries shall submit an application in writing to the Court for the authority to enter into a contingent fee agreement. Upon review, the Court will either give approval or disapprove the request.

CRITICAL

Applies to

Motion requesting interim order

Must include

proposed order

Attorneys requesting interim orders must prepare and submit a proposed order with their motion.

4.3 Attorneys requesting interim orders shall prepare and submit proposed orders with their motion.

CRITICAL

Applies to

Estate filing

A copy of the death certificate must be filed with every estate.

A copy of the death certificate must be filed with any estate.

CRITICAL

Applies to

Party filing

Must include

caption

Each party must state the general nature of the action in the caption.

Each party shall also state in the caption the general nature of the action, e.g., action for divorce, dissolution of marriage, foreclosure, personal injury, contract, injunction, habeas corpus, declaratory judgment, etc.

CRITICAL

Applies to

Annual account

An annual account must be filed for a special needs trust.

(4) The Court requires that an annual account shall be filed.

CRITICAL

Applies to

Guardian compensation application

A guardian’s estate-compensation application and entry must be supported by documentation for annual approval, and extraordinary fee applications must be set for hearing.

Guardian’s compensation for services as guardian of the estate shall be approved on an annual basis upon application and entry that is supported by documentation. Extraordinary fee applications shall be set for hearing.

CRITICAL

Applies to

Gal report or recommendation

The GAL must submit written or oral reports or recommendations whenever the Court directs.

C) The GAL shall submit written or oral reports/recommendations to the Court at any time the Court directs.

CRITICAL

Applies to

Fiduciary acceptance

Executors and administrators must personally sign and file the Fiduciary’s Acceptance before Letters of Authority are issued.

All executors and administrators shall personally sign and file the Fiduciary’s Acceptance prior to the issuance of the Letters of Authority.