Pickaway County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Mediation confidentiality agreement

Participants seeking confidentiality must advise the mediator as soon as practical, and all mediation participants must execute a 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

Property bond title search

For a criminal property bond, the defendant's attorney or the surety's attorney must provide the Clerk with a title search certifying the property description, deed names, county-auditor value, and any recorded liens.

In all criminal cases where the defendant posts a property bond, his attorney or an attorney for the surety whose property is being used to secure the bond must provide the Clerk of Courts with a title search certifying the following: a short description of the property, the names that appear on the deed, the true value of the property as shown on the records in the county auditor's office and whether there are any liens on file against the property.

CRITICAL

Applies to

Transcript request

Transcript requests must be made in writing.

All requests for transcripts shall be made in writing.

CRITICAL

Applies to

Continuance motion

A continuance motion based on counsel’s prior engagement must attach proof of that assignment and be filed forthwith after notification of the assignment in this Court.

Where a continuance of a cause is requested on the grounds that counsel of record in the case is already engaged on the date set for trial in another Court of record or a governmental bureau, proof of such prior assignment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.

CRITICAL

Applies to

Complaint petition answer counterclaim or decree

Must include

caption

Complaints, petitions, answers, counterclaims, and decrees must state both parties' names and addresses.

All Complaints, Petitions, Answers, Counterclaims, and Decrees shall state the names and addresses of both parties.

CRITICAL

Applies to

Fax filing

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 shall be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Transcript access request

Attorneys may access the child interview transcript only through a written motion and a judgment entry signed by the Court.

Attorneys may have access to the transcript of the child’s interview only upon written motion and judgment entry signed by the Court.

CRITICAL

Applies to

Petition to recognize foreign decree of adoption

The filing must include a copy of the most current Home Study/Assessment Report and the Post Placement Reports.

VI. Copy of the most current Home Study/Assessment Report and Post Placement Reports

CRITICAL

Applies to

Continuance motion

A continuance motion based on counsel's conflicting court appearance will not be considered unless it includes a copy of the conflicting assignment or counsel's affidavit.

(E) If continuance is requested because counsel is scheduled to appear in another case on the same date and time, the Court will not consider any motion for a continuance unless a copy of the conflicting assignment or an affidavit of counsel is attached.

CRITICAL

Applies to

Application for authority to pay attorney fees

A hearing is unnecessary only if the fiduciary signs the application, it includes an itemized statement of legal services, and the fee-approval order includes the specified accounting-credit recital.

No hearing shall be required upon an application for authority to pay attorney fees if the application is signed by the fiduciary, contains an itemized statement of the legal services performed and the order approving the fee recites that credit may be taken for the allowed fee in an accounting that is subject to exceptions as provided by law.

CRITICAL

Applies to

Motion

Every motion must be accompanied by an entry for the judge to sign.

All motions shall be accompanied by an entry for the judge to sign.

CRITICAL

Applies to

Comment or complaint

Comments or complaints about a custody evaluator must be written and submitted to the Judge for the Pickaway County Juvenile Court.

Comments or complaints regarding the performance of a custody evaluator appointed pursuant to this Rule shall be in writing and shall be submitted to the Judge for the Pickaway County Juvenile Court.

CRITICAL

Applies to

Fiduciary and attorney records

An attorney serving as fiduciary and attorney of record must keep detailed records distinguishing fiduciary and attorney time and services, and submit them to the Court on request.

Where an attorney is the fiduciary and that attorney or another attorney is the attorney of record, detailed records shall be maintained describing time and services as fiduciary and as attorney, which records shall, upon request, be submitted to the Court for review.

CRITICAL

Applies to

Pleading or brief

A pleading or brief that refers to an unpublished case must attach a copy of that case.

All pleadings and briefs containing references to unpublished cases shall attach a copy of the case.

CRITICAL

Applies to

Document requiring fiduciary signature

An attorney for a fiduciary may not sign on the fiduciary’s behalf.

The attorney for the fiduciary may not sign for the fiduciary.

CRITICAL

Applies to

Sup rule 67 c compliance

If no attorney represents the minor’s interests, the payor’s attorney must assume responsibility for complying with Sup. R. 67(C).

Pursuant to Sup. R. 67(C), if there is no attorney representing the interests of the minor, then the attorney representing the payor shall assume the responsibility for compliance with the requirements set forth in Sup. R. 67 (C).

CRITICAL

Applies to

Document requiring fiduciary signature

A pleading, filing, or other document requiring a fiduciary’s signature must bear the fiduciary’s original signature, except as permitted by Local Rule 57.1.

(B) Except as permitted by LOC. R. 57.1, any pleading, filing, or other document, which by law or rule requires the fiduciary’s signature, shall have the original signature of the fiduciary.

CRITICAL

Applies to

Original filing

All original filings must contain original signatures, except as permitted by Local Rule 57.1.

(A) Except as permitted by LOC. R. 57.1, all original filings must contain original signatures.

CRITICAL

Applies to

Legal notice for publication

The hearing date must be 28 days after the last date of publication.

This matter is set for hearing before the Pickaway County Juvenile Court on *** (the date must be 28 days after the last date of publication).

CRITICAL

Applies to

Emergency guardian filings

The emergency guardian must personally file the referenced documents and remain available to appear before the Judge or Magistrate.

Personally file with the court the documents noted in A. B., and C. of this rule and remain available for a personal appearance before the Judge or Magistrate to respond to further Court inquiry.

CRITICAL

Applies to

Adoption hearing submissions

The listed medical, reference, relationship, and assessment materials must be filed at least one week before the adoption hearing.

The following additional items shall be filed with the Court at least one (1) week prior to the date of the adoption hearing: 1. A medical statement concerning the child or children to be adopted, providing general information of the child’s health and any recommendations. 2. A medical report on the adopting parent, with a statement from the physician indicating the date of the examination, length of time the physician has known the parent and the results of the findings as to health and emotional stability. 3. Six (6) letters of character reference in support of the adopting parent including the names, addresses, and telephone numbers of the references. 4. Proof of marriage. 5. Certified copies of all divorce decrees if parents or petitioners have previously been married. 6. Proof of death if either parent is deceased. 7. Assessment report, including verification that the assessor is certified if the report is not prepared by a Court approved assessor. 8. Compliance with the requirements set forth in Ohio Administrative Code 5101:247 and 48.

CRITICAL

Applies to

Application

An application under Sup. R. 67 must include a copy of the minor’s birth certificate.

An application submitted pursuant to Sup. R. 67 shall include a copy of the birth certificate of the minor.

CRITICAL

Applies to

Motion to set aside

A Motion to Set Aside must be specific and state its grounds with particularity.

A Motion to Set Aside must be specific and state grounds for the motion with particularity.

CRITICAL

Applies to

Motion for publication and posting and mail

The party must ensure publication and posting-and-mail service are completed, select the publication method, and prepare the listed service documents.

It shall be the responsibility of the party to ensure that the publication and posting and mail are accomplished, including the selection of the means of publication and the preparation of the Motion for Publication and Posting and Mail, Affidavit in Support, Entry authorizing Service by Publication and Posting and Mail and the Notice for Publication and Posting and Mail.

CRITICAL

Applies to

Foreign birth certificate

A certified translation must be filed if the birth certificate is in a foreign language.

If birth certificate is in a foreign language a certified translation must be filed.

CRITICAL

Applies to

Journal entry

If the Judge approves a media request, the Judge must prepare and sign a Journal Entry setting the recording or photographing, and the entry must become part of the case record.

In the event the Judge approves the media request, he shall prepare and sign a Journal Entry setting recording or photographing. This entry shall be made a part of the record of the case.

CRITICAL

Applies to

Motion

A party moving to remove a custody evaluator must include specific information explaining the claimed good cause for removal.

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

Health insurance affidavit

A Health Insurance Affidavit (UDR Affidavit 4) must be submitted.

Health Insurance Affidavit (UDR Affidavit 4)

CRITICAL

Applies to

Traffic ticket

When an electronically produced ticket is issued at the scene, the officer must provide the juvenile with a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the juvenile with a paper copy of the ticket as required by the Ohio Traffic Rules.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

Each continuance motion must include a proposed reassignment entry with spaces for the Court to set the day, date, and time.

All motions for continuance shall be accompanied by a proposed entry ordering the reassignment of the case with spaces for a day, date, and time to be determined by Court.

CRITICAL

Applies to

Adult ward settlement application

A list of unreimbursed medical and other expenses, including proposed payees, 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: (C) A list of unreimbursed medical and other expenses and proposed payees.

CRITICAL

Applies to

Motion

Must include

proposed order

A request for a transcript for a purpose other than an objection, motion to set aside, or appeal must be made by motion stating its purpose and accompanied by a proposed order; the transcript is provided only by court order and upon deposit of preparation costs.

(C) When a party’s attorney, a party, if the party is not represented by counsel, or any other person requests a transcript for a purpose other than the filing of an objection, a motion to set aside, or an appeal, the person will file a motion stating the purpose for which the transcript is requested with a proposed order. Any such transcript requested under this section will be provided only upon order of the Court and upon the deposit of costs for the preparation of the transcript with the Court Administrator.

CRITICAL

Applies to

Executor or trustee appointment application

A nonresident seeking appointment as executor or trustee must comply with Section 2109.21 and use an Ohio-licensed attorney of record.

An applicant, seeking appointment as executor or trustee, who is not a resident of this state, must be in compliance with Section 2109.21 of the Revised Code and employ as the attorney of record an attorney licensed to practice law in the State of Ohio.

CRITICAL

Applies to

Initial receivership plan

A written plan for the receivership must be provided to the Court.

At the outset, or within two months of appointment of the receiver, the Court shall be provided with a written plan for the receivership.

CRITICAL

Applies to

Praecipe

To request a transcript for an appeal, an attorney or unrepresented party may file with the Clerk a praecipe signed by the Court Administrator.

(A) In accordance with Juvenile Rule 37, a party’s attorney or the party, if the party is not represented by counsel, may request a transcript of any proceeding for the purpose of filing an appeal by filing a praecipe, which has been signed by the Court Administrator, with the Clerk.

CRITICAL

Applies to

Professional retention agreement

The retention agreement between the receiver and each professional must be in writing.

The retention agreement between a receiver and every professional shall be in writing.

CRITICAL

Applies to

Settlement notice

When a case settles, plaintiff’s counsel must immediately notify the Court in writing; electronic transmission is accepted.

When a case has been settled, whether by the parties or through mediation, the Court shall immediately be notified in writing by counsel for plaintiff. Notification via electronic transmission is accepted.

CRITICAL

Applies to

Entry of confirmation

Entries of Confirmation following foreclosure actions must detail lien and mortgage releases, including each release’s volume and page number.

In all Entries of Confirmation following foreclosure actions, counsel shall describe in detail the release of any liens and mortgages, including the volume and page number of any such release.

CRITICAL

Applies to

Adult ward settlement application

Before an adult ward settlement hearing is scheduled, a current examining-physician statement must be filed unless the Court dispenses with it.

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

CRITICAL

Applies to

Background disclosure statement

Any yes response on the background disclosure statement must be supplemented with a thorough explanation on a separate sheet of paper.

A “YES” RESPONSE TO ANY QUESTION LISTED BELOW MUST BE SUPPLEMENTED WITH A THOROUGH EXPLANATION ON A SEPARATE SHEET OF PAPER.

CRITICAL

Applies to

Wrongful death survival settlement application

The application must include a copy of the attorney fee agreement.

(D) A copy of the attorney fee agreement.

CRITICAL

Applies to

Private sale statement

Before confirmation of a private sale of personal property, the fiduciary must file a statement confirming diligent efforts to obtain the best price and that the sale was at the highest price.

Before the Court confirms a sale made under an order of private sale of personal property, the fiduciary shall file a statement indicating that the private sale was made after diligent efforts to obtain the best price for the property and that the private sale was at the highest price.

CRITICAL

Applies to

Dissolution

The dissolution filing must include a Child Support Computation Worksheet.

(J) Child Support Computation Worksheet.

CRITICAL

Applies to

Final account

The petitioner must submit a Final Account ten days before the hearing date.

Petitioner’s Final Account is required ten (10) days prior to hearing date

CRITICAL

Applies to

Receivership procedural matter

An approved entry must be tendered to chambers with receivership motions, fee applications, hearing requests, and related procedural matters.

Motions for a receivership, fee applications, hearing requests, or other procedural matters relative to a receivership must be submitted in writing, with an approved entry tendered to chambers.

CRITICAL

Applies to

Account

An account must include the itemized information required by Standard Probate Form 13.1 and, if real estate was sold, a closing statement itemizing the closing disbursements.

(C) The account shall include an itemized statement of all receipts and disbursements, and all funds, assets and investments, if any remaining in the estate, as set forth on Standard Probate Form 13.1. If real estate has been sold, the account shall include a copy of the closing statement itemizing all of the disbursements made from the closing.

CRITICAL

Applies to

Guardian ad litem appointment list application

After completing pre-service training, an attorney seeking Guardian ad Litem service must submit the appointment-list application to the Magistrate’s Bailiff with the specified resume, background check, and disclosure statement.

Upon completion of the required pre-service training, an attorney seeking to serve as a Guardian ad Litem shall submit the Application for the Guardian ad Litem Appointment List (Appendix FORM D) to the Magistrate’s Bailiff. The application shall be accompanied by 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, a copy of the applicant’s criminal background check, and the applicant’s Background Disclosure Statement (Appendix FORM E).

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

A Motion to Withdraw must state its grounds with particularity and be accompanied by a proposed order.

An attorney who has either been appointed by the Court or has been retained by a party may request the Court’s permission to withdraw as counsel for a party by filing a Motion to Withdraw, stating with particularity the grounds for the motion accompanied by a proposed Order.

CRITICAL

Applies to

Wrongful death survival settlement application

The application must include a statement supporting the proposed settlement.

(C) A statement in support of the proffered settlement.

CRITICAL

Applies to

Fax filed signed document

A party who fax-files a signed document represents that the physically signed source document is in that party’s possession or control.

A party who files a signed document by fax represents that the physically signed source documents is in his/her possession or control.