Pickaway County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Discovery statement

The written statement to the Court must identify the remaining disputes and state the conference's date, time, place, and participants.

This statement shall recite those matters which remain in dispute, and in addition, the date, time and place of such conference, and the names of all parties participating therein.

CRITICAL

Applies to

Agency statement

The agency must file a statement identifying the record portions it objects to disclosing and the reasons for its objection.

The agency will also file a statement with the Court indicating which portions of the records in question should not be provided to the parties and the reasons for their objection to the disclosure.

CRITICAL

Applies to

Missing exhibit filing

Must include

caption, judge name, case number

A separately filed missing exhibit must have the specified case-caption cover sheet and must be signed and served under the rules for 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 (e.g., Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court. (See appendix A-3 for sample exhibit cover sheet.)

CRITICAL

Applies to

Notice of posting

Must include

case number

The notice must identify the court and parties, describe the complaint and requested relief, and advise the person of the answer deadline.

2. The notice shall contain the name and address of the court, the case number, the name of the first party on each side, and the name and last known address of, if any, of the person or persons whose residence is unknown. The notice shall contain a summary statement of the object of the complaint; the demand for relief; and shall notify the person to be served the he or she is required to answer within twenty-eight (28) days after the last date of posting.

CRITICAL

Applies to

Complaint

Orders, affidavits, or other documentation establishing parentage must be attached to the complaint.

Any order, affidavits or other documentation establishing parentage shall be attached to the complaint.

CRITICAL

Applies to

Minor name change application

If the applicant does not know the non-consenting parent's current address, the applicant must disclose the most recent address and efforts to locate the parent to the Court.

If the applicant is unaware of the non-consenting parent’s current address, the applicant shall disclose to the Court, the most recent address and the efforts that the applicant has made to discover the current residence of the non-consenting parent.

CRITICAL

Applies to

Final fee application

The final fee application must include a Receiver’s Final Report containing each of the listed financial, creditor, distribution, expense, and objection details.

When the final fee application is submitted, it shall be accompanied by a Receiver’s Final Report that includes all of the following information: (1) the total amount of money collected during the receivership, (b) the total funds collected since the last interim fee award to the receiver (if any), and (c) the source(s) of funds; (2) total funds previously disbursed to creditors; (3) the amount of money or any property remaining on hand; (4) the status of all known secured and unsecured creditors’ claims; (5) the approximate number and admitted balances due creditors but remaining unpaid; (6) the approximate number and total of creditors’ claims that remain open or unresolved; (7) proposed final distributions to creditors and the date by which the receiver proposes to make them and close out the case; (8) the total administrative expense incurred to date, including fees paid to the receiver, attorneys and other professionals; (9) the amount of additional administrative expenses sought to be paid in the final fee application; and (10) any known objections or other positions taken by those having an interest in the receivership with respect to the receiver’s final plan to wind up the case.

CRITICAL

Applies to

Juvenile record sealing application

A juvenile seeking to have a record sealed must file an application with the Court and pay a filing fee.

In order to have a record sealed, the juvenile must file an application with the Court and submit a filing fee.

CRITICAL

Applies to

Account

The fiduciary must disclose all valid debts paid in the fiduciary account.

(C) All valid debts paid by the fiduciary shall be disclosed in the fiduciary account.

CRITICAL

Applies to

Dissolution

Both parties must file the property and debt affidavit, which may be joint if both sign it.

(F) Affidavit of Property and Debt (Uniform Domestic Relations Form-Affidavit 2 ). Both parties must file. (May be joint if signed by both parties.)

CRITICAL

Applies to

Notice of posting

Must include

case number

The notice-of-posting form for a custody complaint includes the complaint and case details, grounds, answer deadline, hearing information, and custody consequence.

Father/Mother, ***, will take notice that a Custody Complaint, requesting that father/mother, ***, be designated as the residential and legal custodian of *.*., DOB ***, has been filed in the Pickaway County, Ohio, Common Pleas Court, Juvenile Division on *** (date of filing), being Case No. ***. The Complaint alleges the following grounds: (list grounds). Defendant is required to file an answer within twenty-eight (28) days of publication. The Complaint will be heard before said Court on (date and time) at Pickaway County Courthouse, 207 South Court Street, Circleville, Ohio 43113 before Judge Harsha / Magistrate Pritchard. You are hereby notified that: The granting of the Complaint will result in the parent losing physical and legal custody of the child until there is a subsequent complaint or motion to modify custody.

CRITICAL

Applies to

Fax filing cover page

Must include

judge name, page count, case number

A fax filing must include a cover page with the specified court, case, document, transmission, page-count, and filer information, including a statement if no judge or case number has been assigned.

The person filing a document by fax shall also include a cover page containing all of the following information: 1. Name of the court; 2. Title of the case; 3. Case number; 4. Name of the judge to whom the case is assigned, if any; 5. Title and or description of the document being filed 6. Date of transmission; 7. Transmitting fax number; 8. 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. 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

Juvenile court information sheet

When personal identifiers are omitted, the party must submit them on a Pickaway County Juvenile Court Information Sheet, with a separate typed sheet for each case number.

(C) When personal identifiers are omitted from a case document submitted to the Court or filed with the Clerk of Courts, the party shall submit or file that information on a Pickaway County Juvenile Court Information Sheet. All Information Sheet information must be typed. A separate Information Sheet must be submitted for each case number.

CRITICAL

Applies to

Casa volunteer application and release of information

The completed CASA volunteer application and signed release of information must be returned to the CASA office.

PLEASE RETURN THE COMPLETED APPLICATION AND SIGNED RELEASE OF INFORMATION TO THE CASA OFFICE.

CRITICAL

Applies to

Change of address notice

An attorney of record or unrepresented party must notify the Court in writing, opposing counsel, and any unrepresented party of an address change as soon as it is known.

An attorney of record for a party, or a party who is not represented by an attorney, who has a case pending before this Court must notify the Court, in writing, opposing counsel and any party not represented by counsel, of any change of address of the attorney or party as soon as the change is known to the attorney or party.

CRITICAL

Applies to

Custody evaluator removal motion

A motion to remove a custody evaluator must include specific information explaining the asserted good cause.

Any party may file a motion in the case requesting removal and shall include specific information outlining what they believe to be good cause for removal.

CRITICAL

Applies to

Praecipe

Objections to factual findings will be overruled if the Praecipe is untimely or lacks the Court Administrator’s signature.

Failure to timely file the Praecipe or filing a Praecipe without the signature of the Court Administrator shall result in the objections as to factual findings being overruled.

CRITICAL

Applies to

Account

Must include

certificate of service

When filing an account, an administrator or executor must also file Standard Probate Form 13.9, the Certificate of Service of Account to Heirs or Beneficiaries.

Upon the filing of the account and pursuant to Section 2109.32(B)(2), an administrator or executor shall file Standard Probate Form 13.9 Certificate of Service of Account to Heirs or Beneficiaries.

CRITICAL

Applies to

Affidavit

A posting-and-mail publication request must include a party- or attorney-executed affidavit detailing why service cannot be made, efforts to find the address, and the person’s last known address.

A request for service by publication 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

Process server appointment application

Applicants must submit a proposed entry with the application, using Form Q for annual appointments or Form S for appointment by case.

Applicants shall submit a proposed entry with application: Form Q for annual appointments and Form S for appointment by case.

CRITICAL

Applies to

Fax filed source document

The person making a fax filing must retain the source document until the case is 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 closed and all opportunities for post judgment relief are exhausted.

CRITICAL

Applies to

Urgent relief hearing submission

Evidence for an urgent-relief hearing must be in the form of affidavits or depositions filed before the hearing or submission.

Evidence upon any such hearing shall be in the form of affidavits or depositions which must be filed in advance of the hearing or submission.

CRITICAL

Applies to

Appraiser application

For non-real-estate property, the fiduciary must submit an independent appraiser application with the appraiser’s specialty qualifications.

When it is necessary to determine the value of property other than real estate, including but not limited to coins, stamps, books, or artwork, the fiduciary shall submit to the Court an independent application for an appraiser in that particular field, along with a statement of qualifications in such specialty.

CRITICAL

Applies to

Certificate of service

A certificate of service must identify by name every party served.

Any Certificate of Service shall identify by name all parties served.

CRITICAL

Applies to

Final disposition

After final disposition of a comment or complaint, the Court must prepare a written disposition and provide a copy to the complainant and guardian.

Upon making a Final Disposition of the comment or complaint, the Court shall prepare a written Final Disposition and provide a copy to the person making the comment or complaint and the guardian.

CRITICAL

Applies to

Bond

A filed bond must include the surety’s name, address, and telephone number.

Whenever a bond is filed, the surety’s name, address and telephone number shall be included.

CRITICAL

Applies to

Original foreign adoption documents

The originals must be submitted for authentication and will be returned to the petitioner(s).

The originals must be submitted for authentication and will then be returned to petitioner(s).

CRITICAL

Applies to

Notice

The posting-and-mail notice must identify the court, case, parties, person to be served and last known address if any, pleading and relief, and appearance details.

The notice shall include the following information: the name and address of the court, the case number, the name of the first party on each side, the name and last known address, if any, of the person who is to be served, a summary statement of the object of the pleading, a summary statement of the demand for relief, and the date, time and place the person is to appear.

CRITICAL

Applies to

Receiver candidate submission

A party may suggest a receiver candidate, but must document the candidate’s relevant experience and expertise and certify that the candidate is disinterested.

An party may suggest candidates, but must be prepared to document their experience and expertise relative to the matter at hand, and certify that they are disinterested persons.

CRITICAL

Applies to

Motion

A party objecting to a particular Guardian ad Litem’s appointment must file a motion supported by an affidavit stating the objection specifically.

If a party to the case objects to the appointment of a particular Guardian ad Litem, the party shall file a motion supported by affidavit that states the objection with specificity.

CRITICAL

Applies to

Dismissal

All dismissals must be filed in writing with the court.

All dismissals shall be filed in writing to the court.

CRITICAL

Applies to

Structured settlement application

If an adult ward settlement is funded by an annuity, the application must include a signed carrier or procuring-broker statement confirming Ohio licensure and ratings meeting the stated thresholds from at least two listed organizations.

(B) 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: (a) A.M. Best Company: A++, A=, or A; (b) Duff & Phelps Credit Rating Company (Claims Paying Ability Rating): AAA, AA+, or AA; (c) Moody’s Investors Service (Financial Strength): AAA, AA+ or AA; (d) Weiss Research Inc.:A+ or A.

CRITICAL

Applies to

Motion

The motion for appointment of a process server must be supported by an affidavit.

An affidavit in support of this motion is attached.

CRITICAL

Applies to

In camera interview record

The Court must make a record of every requested in camera interview of a minor child.

In all cases where an in camera interview of a minor child or children have been requested, the Court shall make a record of said interview.

CRITICAL

Applies to

Dissolution

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

(H) Health Insurance Affidavit (Uniform Domestic Relations Form-Affidavit 4 ). A Health Insurance 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

Fax source document

A fax filer need not submit the source document to the Clerk but must retain the source document and source cover sheet, make them available to the Court on request, and keep the source document until the case is closed and post-judgment relief opportunities are exhausted.

The person filing a document by fax is not required to file any source document with the Clerk. The person filing the document shall maintain in his or her records and have available for production on request by the Court the source document filed by fax, with original signatures as otherwise required under the applicable rules, and the source copy of the facsimile cover sheet used for the subject filing. 2. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

CRITICAL

Applies to

Petition to recognize foreign decree of adoption

The filing must include a BCI Report.

V. BCI Report

CRITICAL

Applies to

Filing and attachments

Must include

case number

All filings and attachments must include the case number.

(D) All filings, including attachments, must have the case number

CRITICAL

Applies to

Settlement entry

If a case settles during mediation, an attorney for one of the parties must file an entry under Rule 11.06.

If the case is settled during mediation, the attorney for one of the parties shall file an entry as detailed in Rule 11.06.

CRITICAL

Applies to

Fiduciary account

Fees charged by an attorney representing a fiduciary must be disclosed on the fiduciary’s account, with any non-fiduciary payment source identified, except when the only filing is an application to admit a will for record only.

(A) All fees charged by an attorney representing a fiduciary in matters before the Court, including but not limited to work on decedent’s estates, guardianships and trusts, must be disclosed on the fiduciary’s account, regardless of the source of payment. If the source of payment is other than the fiduciary, the source of payment must be identified on the account. (B) Fee disclosure is not required when the only filing is an application to admit will for record only.

CRITICAL

Applies to

Continuance motion

If more than two prior continuance requests have been made, the motion must also be signed and authorized by the client.

(Note: if there has been more than two prior requests for a continuance, the motion must also be signed and authorized by the client);

CRITICAL

Applies to

Application to retain professional

A receiver or other party seeking approval to retain a professional whose compensation will be claimed against the estate or sale proceeds must apply to the court.

A receiver (or other party) requesting approval to retain an attorney or other professional (including appraisers, auctioneers, brokers, or real estate agents) whose compensation will be claimed against the estate or from proceeds of sale of estate property shall apply to the court.

CRITICAL

Applies to

Extension request

A request to extend the transcript filing time must include the Court Administrator’s endorsement or affidavit stating why the transcript is incomplete and its expected completion date.

Requests for extensions of time to file the transcript shall include the endorsement or affidavit of the Court Administrator indicating the reason that the transcript has not been completed and the expected date of completion.

CRITICAL

Applies to

Fiduciary asset disclosure

A fiduciary must disclose an additional estate asset to the Court and submit additional bond to cover its value if necessary.

If the fiduciary receives an additional personal property asset of the estate, the fiduciary shall disclose to the Court such additional asset, and at such time, submit additional bond to cover the additional value of the asset, if necessary.

CRITICAL

Applies to

Receiver appointment submission

Parties seeking a receiver’s appointment must advise the court of the full proposed fee arrangement, the approximate value of the property or business, and the anticipated scope of work.

Parties seeking appointment must fully advise he court of the entire fee arrangement proposed to compensate the receiver, including all expense reimbursement and any commission contemplated for leasing or selling property. In addition, the court must be advised of the approximate value of the business or property likely to be managed in the receivership (if granted), and of the scope of work likely to be required of the receiver.

CRITICAL

Applies to

Guardian ad litem comment or complaint

Comments or complaints about a guardian ad litem’s performance must be in writing and submitted to the Juvenile Court Magistrate.

Comments or complaints regarding the performance of a guardian ad litem appointed pursuant to this Rule shall be in writing and shall be submitted to the Magistrate for the Pickaway County Juvenile Court.

CRITICAL

Applies to

Mediation confidentiality agreement

Parties seeking confidentiality for mediation communications must advise the mediator as soon as practical, and all mediation participants must execute any confidentiality agreement before mediation begins.

Parties desiring confidentiality of mediation communications shall advise the mediator as soon as practical and all mediation participants shall execute any confidentiality agreement prior to the start of mediation.

CRITICAL

Applies to

Process server appointment application

Anyone seeking appointment to serve process must submit a motion and affidavit showing compliance with Civ.R. 4.1(D).

All individuals who seek appointment to make service of process shall submit a motion and affidavit to show they meet the requirements set forth in Civ.R. 4.1(D).

CRITICAL

Applies to

Application for appointment

An application to appoint a guardian for a minor must include a copy of the minor’s birth certificate.

A copy of the minor’s birth certificate shall be filed with the Application for Appointment.

CRITICAL

Applies to

Publication service affidavit

A publication-service request must include an affidavit explaining why the person’s residence is unknown, detailing address-search efforts, and stating the person’s last known address.

A request for service by publication 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.