Pickaway County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion for service by publication or posting

The motion form calls for an attached supporting affidavit.

An affidavit in support is attached.

CRITICAL

Applies to

Objections to factual findings

A party challenging factual findings must file the transcript or, if it is unavailable, an affidavit of all evidence submitted to the magistrate.

If a party is objecting to factual findings in the Magistrate’s Decision, a transcript of the record of proceedings before the Magistrate must be filed. If a transcript is not available, the party must file an affidavit of all evidence submitted to the magistrate.

CRITICAL

Applies to

Fax filing exhibit

An exhibit that cannot be accurately transmitted by fax must be replaced with an insert page describing the exhibit and why it is missing.

Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Affidavit

The affidavit for annual appointment as a process server certifies that the applicant satisfies each listed qualification.

Further, I certify that I satisfy each of the following requirements as set forth in Civ.R. 4.1(D): 1. I am eighteen years of age or older. 2. I am not and will not be a party to the proceedings for which I will serve process; am not related to a party to the proceedings for which I will serve process; nor do I have a financial interest in the outcome of the proceedings for which I will serve process. 3. I am a United States citizen or a legal resident of the United States. 4. I hold a valid government-issued identification card, passport, or driver's license.

CRITICAL

Applies to

Trial attorney substitution or withdrawal

Unless otherwise ordered, substitution or withdrawal of a trial attorney is permitted only by a notice filed with the Court and served on all other parties with the specified signatures, or by a written application served on the client showing good cause and subject to the Court’s terms.

Unless otherwise ordered, the substitution or withdrawal of a trial attorney shall be permitted only: (A) Upon filing with the Court and service on all other parties of a notice of substitution of trial attorney signed by the withdrawing attorney, the client and a substitute trial attorney, or (B) Upon written application for substitution or withdrawal served upon the client and showing of good cause and upon such terms as the Court shall impose.

CRITICAL

Applies to

Divorce complaint answer or counterclaim

Divorce complaints, answers, and counterclaims must include the listed affidavits, which must be filed and served; each form or affidavit must be filed even if no responsive pleading is filed.

All Complaints for Divorce, Answers and Counterclaims shall be accompanied by the following court forms which shall be filed with the Clerk of Court and served upon the opposing party or parties. Even if no responsive pleading is filed, a party shall file each form or affidavit as directed below. Please Note: the forms below are available at the Ohio Supreme Court’s website and are hyperlinked below. (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. (B) Affidavit of Property and Debt (Uniform Domestic Relations Form-Affidavit 2 ).

CRITICAL

Applies to

Annual report of outstanding estate

The Annual Report must explain the estate’s status and why administration is continuing.

The fiduciary of an estate or the attorney of record, shall file an Annual Report with the Court on the anniversary date of the estate opening, explaining the status of the estate and the reason for the continuation of administration.

CRITICAL

Applies to

Child placement form

The child placement form must be completed or updated and submitted to the Clerk’s Office.

This form shall be completed or updated and submitted to the Clerk’s Office the next business day following the initial placement or no later than 7 days after any change in placement of the above-captioned youth.

CRITICAL

Applies to

Show cause response

Failure to respond to the show-cause order or show why the matter should not be dismissed results in dismissal without prejudice.

Failure to respond or show cause why the matter should not be dismissed, shall result in the action being dismissed without prejudice.

CRITICAL

Applies to

Adult ward settlement application

Before an adult ward settlement hearing is scheduled, a supporting narrative describing the occurrence and related settlements to others must be filed.

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

CRITICAL

Applies to

Motion

Every motion must be accompanied by a brief stating its grounds and citing the authorities relied upon.

All motions shall be accompanied by a brief stating the grounds thereof and citing the authorities relied upon.

CRITICAL

Applies to

Motion

Every motion must state its grounds with particularity, identify the requested relief or order, and identify any prior orders at issue.

All motions shall state with particularity the grounds therefore, the relief or order sought, and shall identify any prior Order(s) at issue.

CRITICAL

Applies to

Objections

Objections must state specific grounds, identify relevant law and disputed facts, and cite supporting transcript pages.

Objections shall be specific and state the grounds with particularity. They shall identify the relevant law and the facts in contention and reference pages of the transcript in support of the objections.

CRITICAL

Applies to

Posting notice

The posted notice must identify the court, case, parties, and any person whose residence is unknown, and summarize the complaint’s object and requested relief.

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 and the demand for relief.

CRITICAL

Applies to

Ward will

A guardian must deposit all wills of the ward with the Court for safekeeping.

A guardian shall deposit with the Court any and all wills of the ward for safekeeping in accordance with Ohio Revised Code Section 2107.07.

CRITICAL

Applies to

Extension of time application

Applications for extensions of time to file an inventory, account, or guardian’s report must be signed by both the fiduciary and the attorney of record.

All applications for Extensions of Time for filing an inventory, account, or guardian’s report must be signed by both the fiduciary and the attorney of record pursuant to Sup. R. 78(B)(2).

CRITICAL

Applies to

Custody evaluation appointment order

A custody-evaluation appointment order must use the court-prescribed form and specify the evaluation type, any issues for a partial evaluation, and the payment and allocation of fees and deposits.

The order shall be issued on the form prescribed by the court and shall include the information included in Sup.R. 91.05(C). 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

Agency records and objection

If a children services agency objects to disclosure of requested or subpoenaed records, it must provide the records to the Court for in camera review with its objection.

In the event a party subpoenas or otherwise requests copies of records from a children services agency, and the agency files an objection to the disclosure, the agency shall provide copies of the records to the court for an in camera review as to their discoverability along with their objection.

CRITICAL

Applies to

Attorney signature

A person who is not an attorney may not sign for an attorney.

Persons who are not an attorney may not sign on behalf of an attorney.

CRITICAL

Applies to

Pleading or brief

A party citing an unpublished opinion or case must indicate any disposition by a superior appellate court.

A party who cites an unpublished opinion or case shall indicate any disposition by a superior appellate court.

CRITICAL

Applies to

Account

If an exception is filed, the account will be set for a further hearing, where satisfactory documentary proof, potentially including vouchers, is required.

If an exception is filed, the account will be set for further hearing and satisfactory documentary proof, which may include vouchers, shall be required at the hearing.

CRITICAL

Applies to

Poverty affidavit

An indigent party must file a poverty affidavit stating that the party lacks funds or assets to pay the deposit and, if represented, an attorney certification that no attorney fees have been paid.

The filing fee is met, in the case of indigence, by filing a poverty affidavit swearing that the party is without funds or assets to pay the deposit and a certification by the attorney, if any, that no attorney fees have been paid.

CRITICAL

Applies to

Caption

Captions must not include personal identification information, including Social Security numbers or children's identification.

Personal identification information such as social security numbers and the identification of children shall not be included in any captions.

CRITICAL

Applies to

Defense pretrial motion

A defense pretrial motion filed outside the Crim.R. 12(D) time limits must include a speedy-trial waiver signed by the defendant.

Pretrial motions from the defense which are filed outside the time confines of Crim.R. 12(D) must be accompanied by a speedy trial waiver (FORM L in the Appendix) signed by the defendant.

CRITICAL

Applies to

Pleading or motion

The specified pleadings and motions must be accompanied by a completed Health Insurance Affidavit.

In any complaint for Divorce or Legal Separation involving a minor child, any complaint for custody, support, paternity, or motion for the establishment or modification of support or motion for health insurance coverage, or answer or counterclaim thereto, the pleading shall be accompanied by a completed Health Insurance Affidavit.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a conflict with another court hearing must attach a copy of that court’s notice.

(2) if a conflict with another court hearing, a copy of the other court’s notice must be attached;

CRITICAL

Applies to

Parenting proceeding affidavit

Each spouse must provide an original UDR Affidavit 3 parenting proceeding affidavit under R.C. 3127.23(A).

Parenting Proceeding Affidavit (R.C. 3127.23(A)) (Original required for each spouse) (UDR Affidavit 3)

CRITICAL

Applies to

Bond presentation

Counsel must be prepared to present sufficient facts for the Court to set a bond commensurate with the anticipated estate size, considering the views of secured creditors and the debtor.

The Court will set a bond commensurate with the anticipated size of the estate, having in mind the views of secured creditors and the debtor. Accordingly, counsel must be prepared to present sufficient facts for the Court to make an informed judgment on bond.

CRITICAL

Applies to

Guardian ad litem report

A guardian ad litem’s written report must be filed with the Clerk and maintained with the pleadings unless the Court orders otherwise.

Any written report shall be filed with the Clerk and maintained with the pleadings, unless otherwise ordered by the Court.

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

Emergency guardian report

The emergency guardian’s report must describe injury-prevention actions and account for management of the minor’s or incompetent person’s assets during the emergency orders.

Within thirty (30) days of the expiration of any emergency orders issued hereto, the emergency guardian shall submit a report to the Court stating any specific action taken to prevent substantial injury to the person or estate and accounting for the management of any assets of the minor or incompetent during such period of time. If a guardianship is commenced upon the expiration of the emergency orders, the Court may dispense with this report if the guardian provides such information in the Inventory of the ward’s assets.

CRITICAL

Applies to

Urgent relief motion

Urgent equitable relief may be heard ex parte only if affidavits filed with the motion establish to the judge's satisfaction that delay would cause extraordinary undue hardship to the moving party.

no such matter shall be heard ex parte unless from affidavits filed with the motion the judge determines that extraordinary undue hardship would result to the moving party by any delay in proceeding.

CRITICAL

Applies to

Separation agreement or shared parenting plan

A Separation Agreement or Shared Parenting Plan must be filed as a separately styled document, not included in the body of a pleading.

All Separation Agreements and Shared Parenting Plans filed with the Court must be submitted as a separate document styled as a "Separation Agreement" or "Shared Parenting Plan" and not included in the body of the pleadings.

CRITICAL

Applies to

Temporary order motion or request

Every motion or request for temporary orders must include accurate financial affidavits.

All motions or requests for temporary orders shall include accurate financial affidavits.

CRITICAL

Applies to

Child support worksheet

A child support worksheet must be submitted.

Child Support Worksheet

CRITICAL

Applies to

Separation agreement

The separation agreement must include appropriate provisions for child support and cash medical support.

(The Separation Agreement must include appropriate provisions for child support and cash medical support.

CRITICAL

Applies to

Parenting schedule

In applicable domestic relations actions involving minor children, attorneys must furnish their clients with 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

Petition for dissolution

A dissolution petition must be signed by both parties with original signatures.

Petition for Dissolution signed by both parties (Original signatures required)

CRITICAL

Applies to

Inventory

The inventory must contain the address and parcel number of the decedent's or ward's interest in real estate.

(B) The inventory shall contain the address, parcel number of the interest in the real estate of the decedent or ward.

CRITICAL

Applies to

Complaint

The complaint must allege that parentage has been established and explain how, including any parental stipulations.

The person filing shall allege in the complaint that parentage has been established and the means by which it has been established, including stipulations of the parents.

CRITICAL

Applies to

Account

Corporate fiduciaries must file a recapitulation of accounts conforming to Standard Probate Form 13.0.

1. All corporate fiduciaries shall file a recapitulation of accounts in conformity with Standard Probate Form 13.0.

CRITICAL

Applies to

Specialized docket admission

To enter the specialized docket, a participant must read the Participant Handbook and execute the listed waivers and agreements.

The participant will read the Participant Handbook and execute appropriate waivers, as well as the Participation Agreement, Drug Testing Agreement, and Consent for Release and Exchange of Confidential Information, to enter the specialized docket.

CRITICAL

Applies to

Fax transaction

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

Early payment application

An early attorney-fee application must explain the request and include the required beneficiary consents or be set for hearing with notice to nonconsenting beneficiaries.

An application for payment of attorney fees prior to the filing of a final account shall contain a statement setting forth the reason for the request for early payment. Such application shall be accompanied by consent to the amount and early payment by all beneficiaries who have yet to receive their complete distribution or shall be set for hearing with notice to the non-consenting beneficiaries.

CRITICAL

Applies to

Subsequent pleading

In petition-commenced cases, later pleadings must retain the original caption; in cases involving children, parties may be identified in the pleading body by name or the specified family-role labels.

In cases commenced by petition, the subsequent captions shall remain the caption of the original petition. Parties shall be designated by their names or as “Mother” and “Father” or “Husband” and “Wife” in the body of subsequent pleadings in cases involving children.

CRITICAL

Applies to

Adoption petition

When filing an adoption petition, the filer must also submit a certified birth certificate, a specified criminal history check, and the Court-set cost deposit.

Upon the filing of the petition for adoption, the following items shall also be filed with the Court: 1. A certified copy of the child’s birth certificate. 2. A criminal history record check from the Ohio Bureau of Criminal Identification and Investigation. 3. Cost deposit as set by the Court.

CRITICAL

Applies to

Exhibit and cover sheet

The exhibit and its cover sheet must be signed and served under the rules governing pleadings.

The exhibit and cover sheet shall be signed and served in conformance with the rules governing the signing and service of pleadings in this Court.

CRITICAL

Applies to

Estate or guardianship asset transaction

Sale, distribution, or expenditure of estate or guardianship assets before the inventory is filed requires prior Court approval.

(D) The sale, distribution, or expenditure of any estate or guardianship assets prior to the filing of the inventory requires prior Court approval

CRITICAL

Applies to

First pleading adding new party

The caption of the first pleading in which or after which a new plaintiff or defendant is added must state the party's name and address and designate the party as a new plaintiff or defendant.

When a new party plaintiff or defendant is added to a case after the commencement thereof, the caption of the first pleading in which or after which such new party is added shall contain the name of such new party, together with his or its address followed by a specific designation of "New Party Plaintiff" or "New Party Defendant" as is applicable.

CRITICAL

Applies to

Waiver of service of summons

A UDR Form 30 waiver of service of summons must be signed by both parties with original signatures.

Waiver of Service of Summons signed by both parties (Original signatures required) (UDR Form 30)