Pickaway County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Notice of intent to relocate

A residential parent who learns or determines that they will move 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

Account

All accounts must be submitted to a Deputy Clerk for examination.

(A) All accounts shall be submitted to a Deputy Clerk for examination.

CRITICAL

Applies to

Affidavit of fees

The Guardian ad Litem must submit an affidavit of fees to the court after the final hearing.

No later than seven days after final hearing in the matter on which the Guardian ad Litem has been appointed, the Guardian ad Litem shall submit an affidavit of fees to the court.

CRITICAL

Applies to

Structured settlement application

A structured-settlement application must include a signed present-value calculation from an independent professional of a listed type or an equivalent professional.

(A) 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

Affidavit

***, being first duly sworn, deposes and says that he/she is a party in the above-entitled action for *** and that service cannot be made upon the *** (list each party to be served by posting of notice with last known place of residence). The following are all the efforts made to ascertain the residence of the party to be served: (YOU MUST BE SPECIFIC AND DETAILED IN YOUR EFFORTS: contact with family members, friends, former neighbors, search of area court records, internet search, phone book, city directory, attempts to locate through social media, etc.); that he/she exercised reasonable diligence to ascertain the residence of the said party and that said party is, other than herein set forth, unknown, and cannot with reasonable diligence be ascertained.

***, being first duly sworn, deposes and says that he/she is a party in the above-entitled action for *** and that service cannot be made upon the *** (list each party to be served by posting of notice with last known place of residence). The following are all the efforts made to ascertain the residence of the party to be served: (YOU MUST BE SPECIFIC AND DETAILED IN YOUR EFFORTS: contact with family members, friends, former neighbors, search of area court records, internet search, phone book, city directory, attempts to locate through social media, etc.); that he/she exercised reasonable diligence to ascertain the residence of the said party and that said party is, other than herein set forth, unknown, and cannot with reasonable diligence be ascertained.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

Every continuance motion must include a proposed entry granting the request to a new date.

All motions for continuance shall be accompanied by a proposed entry granting the request to a new date.

CRITICAL

Applies to

Application for appointment

An applicant for appointment of a guardian for a minor must file an affidavit with the application disclosing the information required by Section 3109.27.

The applicant shall file with the Application an affidavit disclosing the information that is required by Section 3109.27 of the Revised Code.

CRITICAL

Applies to

Custody evaluation order

A custody evaluation order must include the information required by Sup.R. 91.05(C), identify whether the evaluation is full or partial and any issues for a partial evaluation, and specify payment and fee-and-deposit allocation.

The order shall specifically indicate whether the custody evaluation is a full evaluation or a partial evaluation. If a partial evaluation is ordered the court shall indicate in the order the specific issue or issues to be addressed by the evaluation. The order shall also outline with specificity the payment and allocation of fees and deposits as required by Sup.R. 91.05.

CRITICAL

Applies to

Emergency guardianship application

A person seeking an emergency guardianship or emergency order must file an Application for Appointment of Emergency Guardian or Issuance of Emergency Order.

File an Application for Appointment of Emergency Guardian or Issuance of Emergency Order.

CRITICAL

Applies to

Extraordinary services fee request

A request for additional fees for extraordinary services must include a detailed written statement describing the services, service dates, distinction from ordinary services, and time spent.

Any request for additional fees for extraordinary services on behalf of the fiduciary or counsel shall be supported by a detailed written statement explaining the service rendered, date of service rendered, and the distinction of such services from ordinary services, and time spent on such services.

CRITICAL

Applies to

Parenting proceeding affidavit

The Parenting Proceeding Affidavit needs to be filed only when the parties have a minor child.

The Parenting Affidavit only needs to be filed if there is a minor child of the parties.

CRITICAL

Applies to

Dissolution

Both parties must file the income, expenses, and financial disclosure affidavit, which may be joint if both sign it.

(E) Affidavit of Income, Expenses and Financial Disclosure (Uniform Domestic Relations Form-Affidavit 1 ). Both parties must file. (May be joint if signed by both parties.)

CRITICAL

Applies to

Minor settlement proceeding

A minor’s settlement claim must proceed as a separate Court proceeding under a case number different from any guardianship case number.

Settlements of a minor’s claim are separate proceedings in this Court and shall proceed under a separate case number other than that assigned to the guardianship, if any.

CRITICAL

Applies to

Professional retention application

An application to employ a professional must state the professional’s customary and proposed compensation, specified prior-year fee information, and details of any retainer or preparatory compensation already received.

Applications to employ professionals shall also set forth: (1) the professional’s usual and customary hourly rate or fee; (2) their proposed fee, hourly rate, or other alternative method or formula for determining the compensation in the receivership; (3) whether any fees were paid to the professional during the one (1) year period preceding the filing of the application from, or involving, (a) the debtor in receivership, (b) a person or party closely related to the debtor, or (c) a person or party known to be adverse to the debtor and to have a material claim in the receivership; and (4) the amount, date paid, and source of any retainer or other compensation already received by the professional for preparatory work relative to the receivership.

CRITICAL

Applies to

Affidavit for service by publication

A request for publication and posting-and-mail service must include an affidavit stating why service cannot be made, the specific efforts to locate the address, and the person’s last known address.

A request for service by publication and by posting and mail must be accompanied by an affidavit executed by the party or the party’s attorney stating that service cannot be made because the residence of the person is unknown and cannot be ascertained with reasonable diligence and providing, with particularity, what attempts were made to ascertain the address. The affidavit must also state the last known address of the person to be served.

CRITICAL

Applies to

Petition to recognize foreign decree of adoption

The filing must include Vital Statistics form HEA2757.

VII. Vital Statistics form HEA2757

CRITICAL

Applies to

Facsimile filing

Each fax transaction for which payment is authorized must include an Authorization for Payment form.

An Authorization for Payment form shall accompany each fax transaction for which payment is being authorized.

CRITICAL

Applies to

Appointment entry

The appointment entry must specify the Guardian ad Litem’s fees.

Guardian ad Litem fees shall be specified in the appointment entry.

CRITICAL

Applies to

Release from administration application

With the application, the applicant must present a death certificate with the decedent’s Social Security number redacted and a paid funeral bill or contract showing the obligation to pay.

Upon the filing of the respective application, the applicant shall exhibit to the Court a copy of the decedent’s death certificate, with redaction of decedent’s social security number, and a copy of the paid funeral bill or contract evidencing the obligation to pay such bill.

CRITICAL

Applies to

Inventory

When multiple fiduciaries have been appointed, each fiduciary must sign the inventory.

(E) All fiduciaries shall sign the inventory when multiple fiduciaries have been appointed.

CRITICAL

Applies to

Modified entry order

A modified restraining order must include notice in its first paragraph that it is submitted in modified form.

Where the parties intend to modify or deviate from the language of the JUDGMENT ENTRY/RESTRAINING ORDER, whether by adding or deleting terms, the modified ENTRY/ORDER shall include, in the first paragraph, language sufficient to put the Court on notice that the ENTRY/ORDER is submitted in a modified form.

CRITICAL

Applies to

Child placement form

The Child Protection Service Agency must complete and file a Child Placement Form after an initial placement or any placement change.

(B) To facilitate the Court in fulfilling its duty to provide proper notice of hearings to foster caregivers and relative placement providers a Child Placement Form (Appendix A-6) must be completed by the Child Protection Service Agency and filed with the clerk the next business day or no later than seven (7) days following the initial placement and any change in placement of the child or children.

CRITICAL

Applies to

Iv d application

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

The application shall be fully completed, signed by the 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

Electronically transmitted document

The sender must provide Civ.R. 11 identification, using a fax cover sheet or the email body with the document attached; emails lacking full verification contact information will not be filed.

The attorney sending the document must provide all required identification as detailed in Civ.R. 11. A fax must contain a cover sheet detailing this information, an email must have this information in the body of the email with the document attached. Emails without full contact information for verification will not be printed and filed.

CRITICAL

Applies to

Exclusive use or vacate motion

A motion for exclusive use of the marital residence or to vacate premises must specify its reasons and include the moving party’s affidavit stating the supporting facts.

A motion for exclusive use of marital residence or to vacate premises shall state with specificity the reasons for the motion and shall be supported by an affidavit of the moving party setting forth the facts on which the motion is based.

CRITICAL

Applies to

Motion to withdraw

An attorney seeking to withdraw must file a motion stating the reasons and disclosing the client's last known contact information, notice to other parties and the client, and notice to involved bonding agencies.

An attorney who wishes to withdraw from representation of any party before the Court shall file a Motion with the Court stating the reasons for withdrawal and disclosure of the following: 1. The last known address and telephone number of the client. 2. Notice of the Motion has been given to all attorneys and unrepresented parties; 3. Notice has been given to the client stating all filing deadlines and hearing dates affecting the client; 4. Notice of withdrawal to any bonding agencies involved

CRITICAL

Applies to

Pre placement application

Proposed adopting parents in private placement adoptions must file a pre-placement application in the Court-prescribed form.

In private placement adoptions, a pre-placement application in a form prescribed by the Court shall be filed by the proposed adopting parents

CRITICAL

Applies to

Separation agreement

The separation agreement must bear both parties’ original signatures and be filed with four complete copies.

Separation Agreement signed by both parties (Original signatures required) + 4 complete copies (Separation Agreement)

CRITICAL

Applies to

Adult ward settlement application

A written itemization of suit expenses must be filed before an adult ward settlement hearing is scheduled.

A hearing on the Application for Settlement of an adult ward will not be scheduled until the following are filed with the Court: (E) A written itemization of suit expenses.

CRITICAL

Applies to

Uniform domestic relations form affidavit 1

The financial disclosure affidavit must include the three most recent pay stubs, with personal income information—including Social Security and employee identification numbers—redacted.

(A) Affidavit of Income, Expenses and Financial Disclosure (Uniform Domestic Relations Form-Affidavit 1 ). Three most recent pay stubs shall be attached with all personal income information including social security and employee identification numbers redacted.

CRITICAL

Applies to

Pleading motion or order

Pleadings, motions, and orders must include the attorney's name, applicable firm and contact details, and Ohio Supreme Court number.

All Pleadings, Motions and Orders shall include the name of the attorney, the firm name, if any, office address, office telephone number, fax number, if any, e-mail address if any, and the attorney’s Ohio Supreme Court Number.

CRITICAL

Applies to

Affidavit of property and debt

Each spouse must provide an original UDR Affidavit 2 of property and debt.

Affidavit of Property and Debt (Original required for each spouse) (UDR Affidavit 2)

CRITICAL

Applies to

Fax filing

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.

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.

CRITICAL

Applies to

Minor settlement application

The Court will not schedule a hearing on a minor’s settlement application until the listed documents are filed, subject to the Court dispensing with the physician’s statement.

A hearing on the application for settlement of a minor’s claim will not be scheduled until the following are filed with the Court: (A) A copy of the minor child’s birth certificate. (B) Unless otherwise dispensed with by the Court, as required by Sup. R. 68, a current statement of an examining physician in respect to the injuries sustained, the extent of recovery, and the permanency of any injuries. (C) A narrative statement in support of the proffered settlement setting forth a description of the occurrence and any other proposed or actual settlements resulting from the same occurrence to persons other than the minor. (D) A list of unreimbursed medical and other expenses and proposed payees. (E) A copy of any attorney fee agreement. (F) A written itemization of suit expenses.

CRITICAL

Applies to

Fingerprints

If the BCI Report is more than one year old, the petitioner must resubmit fingerprints.

If report is dated over one (1) year, Petitioner must resubmit fingerprints.

CRITICAL

Applies to

Wrongful death survival settlement application

An application to approve settlement and distribution of wrongful-death and survival claims must include a narrative statement describing the nature of the claim.

(A) A narrative statement of the nature of the claim.

CRITICAL

Applies to

Adult ward settlement application

A copy of any attorney fee agreement must be filed before an adult ward settlement hearing is scheduled.

A hearing on the Application for Settlement of an adult ward will not be scheduled until the following are filed with the Court: (D) A copy of any attorney fee agreement.

CRITICAL

Applies to

Affidavit

The affidavit form provides for the affiant to swear and subscribe before a notary, whose signature and seal are indicated.

SWORN TO BEFORE ME, and subscribed in my presence this day of , 20 . Notary Public – Signature and Seal

CRITICAL

Applies to

Fax filing cover page

Must include

judge name, case number

A fax filing must include a cover page with the listed court, case, document, transmission, filer, and applicable cost information.

The person filing a document by fax shall also provide therewith a cover page containing the following information: (See appendix A-1 for sample cover page form). (A) The name of the Court; (B) The title of the case; (C) The case number; (D) The assigned Judge; (E) The title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing of Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss); (F) The date of transmission; (G) The transmitting fax number; (H) An indication of the number of pages included in the transmission, including the cover page; (I) 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 (J) If applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Custody evaluation report

The written custody evaluation report must include the specified notice about 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

Fax filed signed document

To fax-file a signed source document, a party may fax either the signed document or an unsigned copy bearing “/s/” and 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. (This addresses those instances where the fax transmission is generated by the sending party’s computer and therefore the document is not printed and capable of being signed prior to transmission).

CRITICAL

Applies to

Dissolution

If the parties have a minor child, both parties must file the Parenting Proceeding Affidavit; it may be joint if both sign it.

(G) Parenting Proceeding Affidavit (Uniform Domestic Relations Form-Affidavit 3 ). The Parenting Affidavit only needs to be filed if there is a minor child of the parties. Both parties must file. (May be joint if signed by both parties.)

CRITICAL

Applies to

Foreign adoption decree or certificate

The filing must include the original foreign adoption decree or adoption certificate with a certified translation.

IV. Original foreign adoption decree or certificate of adoption with a certified translation.

CRITICAL

Applies to

Account

An account will not be accepted unless any required bond is sufficient to cover the value of personal-property assets on hand plus one year’s projected amount.

(L) An account will not be accepted for filing unless the bond, when required, is sufficient to cover the value of the personal property assets on hand, plus one (1) year’s projected

CRITICAL

Applies to

Document in matter with multiple fiduciaries

All fiduciaries must sign every document in a matter involving multiple fiduciaries.

In all matters with multiple fiduciaries, the signature of all fiduciaries is required on all documents.

CRITICAL

Applies to

Pretrial statement

If requested, pretrial statements must be submitted at the pretrial hearing and include accurate, updated financial information, descriptions of the parties’ assets and liabilities, and the names and addresses of all witnesses.

Pretrial statements, if requested, shall be prepared and submitted to the Court at the pretrial hearing and shall include an updated and accurate itemization of income and expenses with a full and accurate description of the nature and value of assets and liabilities of the parties. It shall also list names and addresses of all witnesses.

CRITICAL

Applies to

Transmitted document

Each transmitted document must pertain to only one case.

A transmitted document must pertain to only one case.

CRITICAL

Applies to

Separation agreement

Separation Agreement signed by both parties (Original signatures required) + 3 complete copies (Separation Agreement)

Separation Agreement signed by both parties (Original signatures required) + 3 complete copies (Separation Agreement)

CRITICAL

Applies to

Executor or trustee appointment application

A nonresident applicant must satisfy at least one of the listed asset-preservation criteria during estate or trust administration.

To assure the assets remain in Pickaway County, Ohio during the administration of the estate or trust, the applicant must meet one or more of the following criteria: (A) Place a substantial amount of the decedent’s personal assets in a custodial depository in this county, pursuant to Section 2109.13(B) of the Revised Code; (B) Have a co-fiduciary, who is a resident of this state; (C) Post a bond in compliance with Section 2109.04 of the Revised Code.

CRITICAL

Applies to

Request for service by publication

The publication-service request must specify the listed notice information, and any child referenced in the notice must be identified by date of birth and initials rather than name.

A request for service by publication in a newspaper and by posting and mail shall include the following information to be included in the notice: the case number, the name of the first party on each side, the name and last known address of the person who is to be served a summary statement of the allegations made in the complaint, and the date, time and place the person is to appear. 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.