Pickaway County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Jury trial waiver

After a written jury demand is filed, any later waiver must be in writing and filed with the Clerk of Courts at least five working days before trial.

Once a written demand for a jury trial has been filed, any subsequent waiver of the jury trial shall be made in writing and filed with the Clerk of Courts at least five (5) working days prior to the trial date.

CRITICAL

Applies to

Wrongful death survival settlement application

If settlement proceeds are allocated between wrongful-death and survival actions, the application must include a statement supporting that allocation.

(B) If there is an allocation of the proceeds between the wrongful death and the survival actions, a statement in support of such allocation.

CRITICAL

Applies to

Notice of appearance

An attorney must enter an appearance by filing written notice with the Court or personally appearing at a Court hearing and informing the Court.

An attorney shall enter an appearance by filing a written notice with the Court or by personally appearing at a Court hearing and informing the Court.

CRITICAL

Applies to

Parenting schedule

Attorneys in applicable domestic relations actions involving minor children must give their clients a copy of the Schedule.

Attorneys representing parties in domestic relations actions in this Court where there are minor children shall furnish their clients with a copy of this Schedule when applicable.

CRITICAL

Applies to

Time records

An attorney who also serves as guardian must separately account for time spent in each capacity.

In cases where the attorney serves in the dual capacity as guardian, the attorney shall separate the time expended as the attorney and as the guardian.

CRITICAL

Applies to

Wrongful death survival settlement application

The application must include an itemization of case expenses.

(E) An itemization of case expenses.

CRITICAL

Applies to

Notice of substitution

A newly retained or appointed attorney must file a Notice of Substitution of Counsel within seven days.

If an attorney has been retained to represent a party who was previously represented by another attorney, the current attorney shall file a Notice of Substitution of counsel within seven (7) days of being retained by the client or appointed by the Court.

CRITICAL

Applies to

Affidavit of basic information income and expenses

Each spouse must provide an original UDR Affidavit 1 for basic information, income, and expenses.

Affidavit of Basic Information, Income and Expenses (Original required for each spouse) (UDR Affidavit 1)

CRITICAL

Applies to

Application for authority to administer estate application for release from administration or summary release from administration

The applicant must include the decedent’s death certificate with the specified estate applications unless the Court waives the requirement for good cause.

Upon the filing of an Application for Authority to Administer the Estate, Application for Release from Administration, or Summary Release from Administration, the applicant shall include a copy of the decedent’s death certificate unless waived by the Court for good cause shown.

CRITICAL

Applies to

Structured settlement application

If an annuity will fund the settlement, the application must include a signed statement from the carrier or procuring broker addressing Ohio licensure and ratings from at least two listed organizations.

If the settlement is to be funded by an annuity, the application shall include a signed statement by the annuity carrier or the broker procuring the policy stating: 1. The annuity carrier is licensed to write annuities in Ohio. 2. The annuity carrier’s ratings from at least two of the following organizations, which meet the following criteria:

CRITICAL

Applies to

Shared parenting plan or parenting plan

A shared parenting plan or parenting plan must have original signatures and be submitted with three complete copies.

Shared Parenting Plan or Parenting Plan (Original signatures required) + 3 complete copies (Shared Parenting Plan)

CRITICAL

Applies to

Filing requiring attorney signature

Filings requiring an attorney’s signature must include the attorney’s registration number, name, address, and telephone number.

(C) The attorney’s Supreme Court registration number, along with the attorney’s name, address, and telephone number, must be included on all filings that requires an attorney’s signature.

CRITICAL

Applies to

Dissolution

When a dissolution is filed, the parties shall complete and provide the following: (A) Petition for Dissolution (B) Separation Agreement (C) Waiver of Service (D) Waiver of Counsel (if only one attorney).

When a dissolution is filed, the parties shall complete and provide the following: (A) Petition for Dissolution (B) Separation Agreement (C) Waiver of Service (D) Waiver of Counsel (if only one attorney).

CRITICAL

Applies to

Receiver acceptance

Upon accepting appointment, each receiver must acknowledge in writing in the record that they will comply with the listed legal, financial, conflict-of-interest, and estate duties.

Upon accepting appointment, each receiver must affirmatively acknowledge in writing in the record that they will: (1) act in conformity with Ohio law and these local rules; (2) deposit all funds coming into their hands into a separate trust account for the estate, with full contemporaneous record-keeping for all funds; (3) avoid any conflict of interest; (4) not directly or indirectly pay or accept anything of value that has not been fully and timely disclosed and formally approved by this Court; (5) not directly or indirectly purchase, acquire, or accept any interest in property managed, appraised, or sold through the receivership; and (6) otherwise act in the best interests of the estate.

CRITICAL

Applies to

Mediation conclusion report

The mediator must report to the Court when mediation concludes.

The Mediator shall report to the Court when a case mediation has concluded.

CRITICAL

Applies to

Consent to plead

An agreed extension must be documented by a consent to plead signed by all counsel and filed with the Clerk; when consent is proper and obtained, the forms and entries are not submitted to the Court for approval.

Such consent shall be evidenced by a consent to plead signed by all counsel and filed with the Clerk. Neither these forms nor entries shall be submitted to the Court for approval where consent to plead is proper and is obtained.

CRITICAL

Applies to

Exhibit cover sheet

Must include

caption, judge name, case number

Each filed exhibit must include a cover sheet with the case caption, court name, case title and number, judge’s name, and exhibit title.

Any exhibit filed shall include a cover sheet containing the caption of the case that 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 (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss).

CRITICAL

Applies to

Initial receivership plan

The initial receivership plan must identify the debtor’s business and concisely state the circumstances leading to the receivership.

The initial receivership plan shall identify: (1) the nature of the debtor’s business, and a concise statement of the circumstances leading to the receivership;

CRITICAL

Applies to

Written request for counsel

A non-attorney guardian ad litem who determines counsel is necessary must timely submit a written request to the Court for appointed counsel or authority to employ counsel.

If a non-attorney guardian ad litem determines that the assistance of legal counsel is necessary in order to perform the duties of a guardian ad litem, then the guardian ad litem shall timely submit a written request to the Court for appointment of counsel by the Court or for authority to employ counsel.

CRITICAL

Applies to

Dissolution

When child or spousal support is sought in a dissolution, the IV-D Application must be completed, signed, and separately filed with the specified agency and the Clerk of Court.

(I) IV-D Application. The application shall be fully completed, signed by a party and separately filed with Pickaway County Job and Family Services, Child Support Division, and the Clerk of Court only in cases where child or spousal support is being sought.

CRITICAL

Applies to

Custody evaluation report

The written report must include the specified notice concerning distribution, unauthorized disclosure, and potential contempt penalties.

The written report shall include the statement: “The custody evaluator’s report shall be provided to the Court for distribution to all parties and legal counsel. Unauthorized disclosure or distribution of the report may be subject to court action, including the penalties for contempt which include fines and/or incarceration.”

CRITICAL

Applies to

Decree of dissolution or divorce

The applicable parenting schedule must be attached to and incorporated into the Decree of Dissolution or Divorce.

A copy of the applicable parenting schedule shall be attached to the Decree of Dissolution or Divorce and incorporated therein.

CRITICAL

Applies to

Standard probate form 1 0

The form must identify deceased heirs and their successors, show their relationship to the decedent, and mark successors by slight indentation.

If any of the heirs, next of kin, legatees or devisees is deceased, then that person’s name will be listed and the word “deceased” shall be entered after that name. The names of such persons that will take the place of such “deceased” person shall be listed, by indenting slightly and listed as the other heirs, next of kin, legatees and devisees are listed on the form. The form will thus reflect the relationship of the decedent of each heir, next of kin, legatee and devisee and that relationship will be readily apparent on the fact of the document.

CRITICAL

Applies to

Complaint

The plaintiff must attach a uniform child Custody Jurisdiction Act Affidavit to the complaint.

The plaintiff shall attach a uniform child Custody Jurisdiction Act Affidavit to the complaint.

CRITICAL

Applies to

Continuance motion

The party requesting a continuance must prepare a proposed entry and attach it to the motion.

The party requesting the continuance shall prepare a proposed entry and attach it to the motion.

CRITICAL

Applies to

Standard probate form 1 0

Standard Probate Form 1.0 must list all heirs, next of kin, legatees, and devisees, and indicate if the deceased was unmarried at death.

Standard Probate Form 1.0 shall list all the heirs, next of kin, legatees and devisees in the appropriate locations on the form. If the deceased was not married at the time of death, applicant shall indicate this on the form. (e.g. “surviving spouse” none, never married, divorced, deceased).

CRITICAL

Applies to

Professional compensation disclosure

A court-appointed professional may not accept compensation unless it has been fully and timely disclosed to the court for prior approval.

No fee, commission, expense reimbursement, or other direct or indirect compensation of any nature may be accepted by any court-appointed professional that is not fully and timely disclosed to the court for prior approval.

CRITICAL

Applies to

Adoption case filings

Adoption cases must include an original and a copy of each petition, interlocutory decree, and final decree, plus any additional petition copies required for service.

An original and a copy of all petitions, interlocutory decrees, and final decrees shall be filed in every adoption case. Additional copies of the petition shall be submitted as required for service.

CRITICAL

Applies to

Case document

All case documents must omit personal identifiers under Sup.R. 45, and litigants—not the Court or Clerk—are responsible for compliance.

All case documents shall omit personal identifiers in accordance with Sup.R. 45. It is the responsibility of litigants to ensure compliance, not the Court or Clerk of Court.

CRITICAL

Applies to

Structured settlement application

An application for a structured settlement must include a signed valuation statement from one of the listed independent professionals or an equivalent professional.

The application shall include a signed statement from one of the following independent professionals, specifying the present value of the settlement and the method of calculation of that value; an actuary, certified public accountant, certified financial planner, chartered life underwriter, chartered financial consultant, or an equivalent professional.

CRITICAL

Applies to

Petition to recognize foreign decree of adoption

The filing must include the adoptee's original or certified foreign birth certificate.

III. Original/Certified copy of foreign birth certificate of adoptee.

CRITICAL

Applies to

Notice of intent to relocate

A residential parent who learns or determines that they will be moving must file a Notice of Intent to Relocate with the Court.

In the event the residential parent learns or determines that he or she will be moving, he or she shall file a Notice of Intent to Relocate with this Court, as provided by law.

CRITICAL

Applies to

Notice

If a notice refers to a minor child, it must use the child’s date of birth and initials instead of the child’s name.

If reference to a minor child is made in the notice, the date of birth and the initials of the minor child shall be substituted for the child’s name.

CRITICAL

Applies to

Account

When multiple fiduciaries are appointed, each fiduciary must sign the account.

(B) All fiduciaries shall sign an account when multiple fiduciaries have been appointed.

CRITICAL

Applies to

Iv d application

An IV-D Application (JFS 7076) must be submitted.

IV-D Application (JFS 7076)

CRITICAL

Applies to

Inventory

An inventory will not be approved unless any required bond is sufficient.

(C) Inventory will not be approved unless the bond, when required, is sufficient.

CRITICAL

Applies to

Settlement entry

A settlement reached through mediation must be reflected in a filed entry.

If the case is settled through the mediation process, the attorney for one of the parties shall file an entry within thirty (30) days reflecting the resolution of the case.

CRITICAL

Applies to

Standard probate form 6 1 or 5 1

A copy of the real-estate valuation must be attached to the applicable Standard Probate Form 6.1 or 5.1.

A copy of said evaluation shall be attached to Standard Probate Form 6.1 or 5.1, whichever is applicable.

CRITICAL

Applies to

Notice of intent to supplement objections

A party intending to supplement objections must file a Notice of Intent after the transcript is completed, and leave to supplement is automatically granted.

A party filing objections that require a transcript must file his or her objections within the fourteen (14) day period set forth above and must file a Notice of Intent to supplement objections after the transcript has been completed, for which leave will be automatically granted. See Court’s Website.

CRITICAL

Applies to

Account

Each account must be personally signed by the fiduciary and include the fiduciary’s full name, current resident address, and telephone number; a corporate fiduciary may provide its business address instead.

(A) All accounts shall be personally signed by the fiduciary and contain the full name, current resident address and telephone number of the fiduciary. If the fiduciary is a corporation, the business address of the fiduciary will be sufficient.

CRITICAL

Applies to

Minor name change application

An application to change a minor child's name must include a copy of the child's birth certificate.

An application for the change of name of a minor child shall include a copy of the child’s birth certificate.

CRITICAL

Applies to

Annual guardian ad litem certification

By March 1 each year, the Guardian ad Litem must certify that no disqualifying circumstances are known and report training attended to comply with the rule.

On or before March 1st of each year, the Guardian ad Litem must certify that he/she is unaware of any circumstances that would disqualify him/her from serving and to report the training he/she has attended to comply with this rule.

CRITICAL

Applies to

Marriage license application

A minor applying for a marriage license must provide proof of completed marriage counseling before applying; proof may be a letter from the qualified or licensed counselor.

Pursuant to Section 3101.05 of the Ohio Revised Code, any applicant for a marriage license, who is a minor, must provide proof of successful completion of marriage counseling prior to applying for the license. Proof of counseling may be in the form of a letter to the court from a qualified or licensed person who provided the counseling.

CRITICAL

Applies to

Name change application

Every name-change applicant must file the Appendix D affidavit stating that the person is not required to register as a sex offender.

An applicant for any name change shall also file an affidavit, which is set forth in Appendix “D” that states that the person for whom the name change is sought is not required to register as a sex offender.

CRITICAL

Applies to

Guardian ad litem application

A guardian ad litem applicant must submit the Appendix A-5 application, verify compliance, and include the required training certificate, resume, and criminal background check; the specified application and records check satisfy the civil background check.

In order to serve as a guardian ad litem, an individual shall submit an application to the Court on a form as set forth in Appendix “A-5” and verify compliance with the requirements set forth in Rule 48 of the Rules of Superintendence and by this local Rule. The application shall be accompanied by a certificate of completion of the six (6) hour pre-service training, a resume stating the applicant’s training, experience and expertise demonstrating the applicant’s ability to successfully perform the duties and responsibilities of the guardian ad litem, and a copy of the applicant’s criminal background check. The civil background check will be satisfied by completion of the application form consisting of letters of reference and a check of any records through Pickaway County Jobs and Family Services.

CRITICAL

Applies to

Professional retention application

A professional-retention application must summarize each proposed professional’s qualifications and verify the listed licensing, conflict-check, insurance, and contract requirements.

Applications for authority to retain professionals to assist a receiver shall summarize the experience, current professional licensure, and other qualifications for every person sought to be retained. The application must affirmatively verify that: (1) all necessary licenses are in good standing and not under suspension; (2) appropriate conflict checks have been made by the professional; (3) as to lawyers, whether professional liability insurance is maintained, and the amount of coverage maintained; (4) the contract retaining the professional will affirmatively state that the professional will avoid any conflict of interest in connection with work on the receivership; that gross proceeds of any sale or other transaction conducted by them will be immediately turned over to the receiver or placed in a separate trust account; and that they will not, under any circumstances, directly or indirectly purchase, acquire, or accept any interest in any property they manage, appraise or sell through the receivership.

CRITICAL

Applies to

Praecipe

The Praecipe must be signed and state that the transcript deposit was paid, the expected completion date, the Decision’s filing date, and whether supplemental objections will be filed.

The Praecipe shall be signed by the party or his/her attorney; it shall contain an acknowledgement by the Court Administrator that the deposit for the transcript has been paid and the date the Court Administrator expects the transcript to be completed. The Praecipe shall also include the date the Magistrate’s Decision was filed, and whether supplemental objections will be filed after the completion of the transcript.

CRITICAL

Applies to

Extension motion

An extension motion in these circumstances must be written and supported by a memorandum stating facts showing practical impossibility and good cause.

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

CRITICAL

Applies to

Contingent fee contract application

A fiduciary must apply in writing for authority to enter a contingent-fee contract, and preliminary approval remains subject to final review and approval when the matter concludes.

A fiduciary shall make written application to the Court for authority to enter into a contingent fee contract. Preliminary approval by the Court shall be subject to final review and approval at the conclusion of the matter that is the subject of the contingent fee contract.

CRITICAL

Applies to

Praecipe

To request a transcript for a motion to set aside a Magistrate’s Order or an objection to a Magistrate’s Decision, an attorney or unrepresented party may file a praecipe signed by the Court Administrator with the Clerk.

A party’s attorney or the party, if the party is not represented by an attorney, may request a transcript of any proceeding for the purpose of filing a Motion to Set Aside a Magistrate’s Order or an Objection to the Magistrate’s Decision by filing a praecipe, which has been signed by the Court Administrator, with the Clerk.