Pike County Court of Common Pleas, General & Domestic Relations Divisions Document Filing Requirements

CRITICAL

Applies to

Notice of filing

the ·pub lie. c~ file. ·: . . D. Th~ public case file shall con~ in place of the document contain~d in the family file, a Notice ·of Filing prepared by the Clerk re.ijecting· the- filing of the document maintaine4 in ~e family file and _the date thereof.

the ·pub lie. c~ file. ·: . . D. Th~ public case file shall con~ in place of the document contain~d in the family file, a Notice ·of Filing prepared by the Clerk re.ijecting· the- filing of the document maintaine4 in ~e family file and _the date thereof.

CRITICAL

Applies to

Petition

A qualifying petitioner must file the specified cover sheet with the Clerk, include the DRC Electronic Petition Number, and attach the completed electronic petition.

3. In. ord~; bl request a CQE, a Petitioner who r~ides in Pike ·eotmi;,: Qhio, shall file the Cover S:heet ["P~tition for ~i.1:ificate 9f Qualification for Employment (RC 2953~25)''- PormA--attached] with.the ~!erk of Courts of Pike Coqnty. The feti.tioner sliall include the DRC Electronic Petition Number on the Cover Sheet, an~ shall a~ch a cqpy of the fully completed Electronic P~tition.

CRITICAL

Applies to

Petition

Petitions submitted through the DRC must include electronic access to the DRC CQE Summary.

4. All Petitions submitted through the DRC shall include electronic.·access to the Departm~t of Reltabilitation and Corrections CQE_ Summary (CQE Summary).

CRITICAL

Applies to

Notice of decision

The Clerk must give the petitioner written notice of the decision; if denied, the notice must state any conditions on later petitions and explain that the denial is a final, appealable order.

14. The Clerk of Courts shall provide a written notjce to the Petitione, of the Court's Decision and Judgment Entry. If the Petition is denied; the.written notice to ~e Petition~r shall incl1=1de the conditions, if any, placeµ on th~ Petitioner~s :filing of any subsequent petition for a certificate of qualification for employment, and shall include -language notifying the Petitioner that the denial of the Petition is a final, ajlpealable or4er.

CRITICAL

Applies to

Certificate of completion

A parent or other party ordered to attend the class must provide the Court with a certificate of completion or other written proof satisfactory to the Court within seven days after completing the class.

(D) Each parent and other party ordered to a~*Jlfiod,6$:~1n tioned in division (A) of this R~le shall furnish the Court with 'tten proof completion of e class, in the form of a certificate of completion, or other writt proof ~faciujfit1the Co rt, within seven (7) days after that' par_ty completes the class.

CRITICAL

Applies to

Class completion certificate

A certificate of class completion or other sufficient evidence of completion must be filed with the Clerk before the Court may schedule a hearing or award parental rights.

PLEASE NOTE: THE ·coURT MAY NOT SCHEDULE A HEARING IN: YOUR CASE, OR MAY NOT AWARD YO'(J PARENTAL RIGHTS IN YOUR CASE, UNTIL YOU HAVE FILED A CERTIFICATE OF COMPLETION OF THE CLASS, OR OTHER SUFFICIENT EVIDENCE OF COMPLETiON OF THB CLASS, Wim THE OFFICE OF THE CLERK OF COURTS, 100 E. sncoNi:>-sTREBT, WAVEitY,_ o~o 45690.

CRITICAL

Applies to

Class completion proof

Each party who completes the class must provide the Court, in that party’s name, a certificate or other satisfactory written proof of completion within 1 days after completing the class.

(D) Each party completing the class shall-fumisb 1he _Court with.proof of such party's completion m the f~rm. of .ce~ of completion, or other written proof to the satisfaction. of the ~ in 1he name of such party, within~ (1) days after that~ CQinpletes thechlss.

CRITICAL

Applies to

New parenting proceeding or motion to modify

The required class notice and scheduling information must be filed with a new parenting proceeding or, as applicable, a motion to modify.

Notice 'bfthe'requiiement of COilJ)letion ofihe kind of.class ~mioned in division . (A) Qf 1µis Rule;. an4 ~ormation regardmg 11w phone number or tlie ~ n who·•~;nay be · QOntaoted to sohedu_le attenda.nctrat the c'Families In Transition" ol~ a~ministP.red by Jl!x' Chilg·· P~oteqtion Center sl;udf be ·vt9vided by the 9lerk of Courts:and· shall' b~ -~e,-witlr~ ,• E ~ ·. . ! ·; ~y_ new parenting-pr~edmg or.with the ·motion to as applicab!.

CRITICAL

Applies to

Motion

The motion must include an affidavit stating when the absent party left, the duration of the continuous absence immediately before filing, and that the movant resided at the premises throughout the preceding 30-day period.

The motion must be accompanied by an affidavit setting forth the date on which the absent party left the premises, the number of days of continuous absence immediately preceding the filing of the motion and affirmatively that the movant has resided in the premises during the entire 30 day period immediately preceding the filing of the motion.

CRITICAL

Applies to

Pleading, motion, or other filing

Pleadings, motions, and other filings must comply in form and content with the Ohio Rules of Civil Procedure and these Rules.

A. Al' ,plea~ings, ·motions, .and other .~lings shall comply in form and· content with'"'· the .Ohio Rules of.Civil Procedure and these Rules.

CRITICAL

Applies to

Pleading or motion invoking continuing jurisdiction

Must include

caption, case number

A pleading or motion invoking the court’s continuing jurisdiction must have a caption identifying the court, each spouse’s listed identifying information, the case number, and the pleading or motion.

Every pie~airig ~nd-moti~n to·i~voice·the ~ntinuing- j1;:1risdictibn~~f:tb·e-cpurt: shaJI contain ·a QSP.tiOn setting forth: 1. that it is ·IN THE COURT OF. ,COMMON :PLEAS OF PIKE COUN,:V, :QHfq; 2. the name, mailing address in~luding ziri'c6~e;· ,socit;if · Security ~umber.,:,ai:l<:f date ·of birth of ~ach sp.ou_se; 3. ·the·.case _number; :·and a designation•iden~ifying the.piE!ading or natµre of the motion..

CRITICAL

Applies to

Pleading or motion invoking continuing jurisdiction

If required information is unknown and cannot be ascertained with reasonable diligence, the pleading or motion must state that fact in a certificate.

If any r~quirea information is not known, and oann.ot with ~eason¢1e diligence be ascertarn~d, a pertif~ate to that effect .shalJ be set. forth ]n' the pleading " . O( motion.

CRITICAL

Applies to

Original pleading or motion

An original pleading or motion for a party represented by an attorney must be signed by at least one attorney in the attorney’s individual name and state the attorney’s business address, phone number, and registration number.

Every orig.inal pleading or motion of a party rep'resent~d-by an Attomey shall·be:signed by at least one Attorney in his/her individual name. whose ·busJness address, phone ~umber and Attorney registration number shaU be stated.

CRITICAL

Applies to

First pleading or motion

The first pleading or motion invoking the Court’s continuing jurisdiction in a parenting proceeding must be accompanied by the affidavit required by ORC 3109.27.

The first pleading. or motion to Jnvo~e the continuing jurisdicti9~ ·of the Court of a party in a parenting proceeding a~ defi()ed in ORC 3109.21. (C) ·sh~frbe , .. accompani~? by-the affidavit requjred by ORC 3109.27.

CRITICAL

Applies to

Temporary restraining order motion affidavit

Affidavits supporting motions for temporary restraining orders must comply with Civ. R. 75(H)(2).

Affidavits -In· support of motion for temporary restraining ·orders shall comply with the requiremf!nts of Civ. R. 75 (H) (2)~

CRITICAL

Applies to

Temporary restraining order motion

Must include

proposed order

A party seeking a temporary restraining order must submit a proposed order complying with Civ. R. 65(D).

A ~~-rty se~king a temporary restra.ining order shall submit ~ proP,osed order which stiall comply. w~f)-the:requirements of Civ. R. 65 (D).

CRITICAL

Applies to

Affidavit supporting ex parte vehicle order

An ex parte temporary order granting a spouse exclusive use of a vehicle may be granted only after the specified information is presented by affidavit.

Ex p'arte tertlporary.·orders granting exclusive use 6f a ·o~~~gftia; · · spouse shall be granted only after information regarding need, own r s ~ . · insurance coverage, status of driver'~ license and customary use of the parties' vehicles has been presented ·by· affidavit

CRITICAL

Applies to

Temporary order motion

Requests for pendente lite spousal support or temporary allocation of parental rights and responsibilities must be made by separate motion with supporting affidavits.

Requests for allowance of spousal support pendente lite and/or for temporary orders allocating parental rights and responsibilities during the pendency of the action shall be made by separate motion with supporting affidavits served as required by the Civil Rules; and shall be determined by the Court pursuant to Civ. R. 75 (M)

CRITICAL

Applies to

Temporary order motion

Motions requesting temporary orders must prominently include the specified counter-affidavit notice in substantially the stated form.

Motions requesting t~rnporary orders shan c6ntain.'a=~otia/;~ letters and bold-face type Jn substantially the fo'llowing .form: i . COUNTER AFFIDAVITS MUST BE FILED·WITH tHE'coURT.WITHIN . FOURTEEN (14).DAYS FROM TH~· SE~vrce· OF THIS MOTION.

CRITICAL

Applies to

Temporary order request and notice

The Court will not issue a temporary order until the requesting party delivers a written Request and Notice to the Assignment Commissioner confirming service and expiration of the counter-affidavit filing period.

No temporary order shall be issued by the Court until the requesting party delivers to the Assignment Commissioner a written Request and Notice indicating that service of the appropriate documents has been completed and the time has passed for filing counter-affidavits.

CRITICAL

Applies to

Final report and written proposals

The final report must be signed by both parties, and the report and written proposals must be filed at the pre-trial hearing.

The final report, signed by both parties, together with their written proposals shall be filed with the Court at the pre-trial hearing.

CRITICAL

Applies to

Petition

A request for an ex parte temporary protection order must include an affidavit stating facts that establish immediate present danger of domestic violence to a family or household member.

A person requesting an ex parte temporary protection order shall submit an affidavit(s) with the petition setting forth facts establishing immediate present danger of domestic violence to a family or household member.

CRITICAL

Applies to

Support order

When the Court authorizes a below-schedule child-support deviation, the support order must include the specified language in addition to the findings required by law.

If the Court has authorized a deviation that is less than the amount of child support that would otherwise result from the use of basic child support schedule and applicable worksheet, the support order shall contain, in addition to the findings required by law, the following language:

CRITICAL

Applies to

Motion to cite for contempt

A contempt request must be made by Motion to Cite for Contempt, accompanied by a show-cause order and affidavits identifying the alleged contempt and violated orders; the order must warn that failure to appear may result in an arrest warrant.

Requests for the sanction of contempt shall be made by Motion to Cite for Contempt together with an order that the accused appear at a time and place to show cause why he/she should not be punished for contempt. The motion shall be accompanied by an affidavit(s) setting forth facts constituting the alleged contempt and the order(s) claimed to be violated. The Order shall contain a notice that failure of the accused to appear as required may result in the issuance of a warrant for his/her arrest.

WARNING

Attendance at another class may not count toward compliance unless the Court approved it in advance.

Attendance in any d.ass other than one of the classes epecl,fied in the above paragraph . may not;result in credit for_ complhu.1,ce with the Court Rule, 111Uees prior approval-of.the class is obtai1.1ed from_ the Court.

WARNING

Applies to

Temporary order request

A premature request will be ignored, and no further action will be taken until another request is delivered to the Assignment Commissioner.

If a written request and notice is received and service of appropriate documents has not been completed or sufficient time has not elapsed for issuance of an order, the request will be ignored and no further action thereon shall be taken, until another request is delivered to the Assignment Commissioner.

INFO

Applies to

Temporary order decision

The Court’s decision will be entered in a journal entry and sent to counsel or, if there is no counsel, to the parties.

The decision of the Court will be in the form of a journal entry and will be sent to each counsel, or to the parties if there is no counsel

CRITICAL

Applies to

First pleading or motion

The first pleading or motion invoking continuing jurisdiction in a parenting proceeding must include a Child Support Worksheet; the Clerk may reject filings without it, and the Court must dismiss an action, pleading, or motion without prejudice and assess costs to the non-complying party if the worksheet was not timely filed.

The first pleading or motion to invoke the continuing jurisdiction of the Court of a party in a parenting proceeding as defined in ORC 3109.21 shall be accompanied by a Child Support Worksheet pursuant to ORC 3113.21.5. The Clerk may reject such pleadings or motions for filing until the Worksheet is included. When it comes to the attention of the Court that the required Worksheet has not been timely filed, the Court shall immediately dismiss the action, pleading or motion without prejudice for lack of jurisdiction, assessing costs to the non-complying party.

CRITICAL

Applies to

Petition

The petitioner must submit a proposed Temporary Protection Order containing the listed directions and information.

The petitioner shall submit a proposed Temporary Protection Order directing the respondent to refrain from abusing the family or household member(s); directing the Clerk to issue a copy of the order to the petitioner, the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order; scheduling a full hearing on the petition within the time required by law; setting forth the expiration date of the order; and directing the Sheriff to deliver a copy of the order to the respondent on the same day that the order is entered.

CRITICAL

A motion to modify a child-support or health-care order must include the movant’s certificate of administrative-review exhaustion and that the time to request a court hearing has not expired, or the Court shall dismiss it.

E. The Court shall dismiss a motion to modify a child support or health care order that does not include a certificate of the movant that he or she has exhausted the administrative review process through the CSEA and the time for requesting a court hearing has not expired.

CRITICAL

Applies to

Proposed entry

The proposed Entry or Entries must be prepared by the attorney designated by the Court, unless the parties and their attorneys agree otherwise.

The proposed Entry (or Entries) shall be prepared by the attorney designated by the Court or as otherwise agreed by the parties and their attorneys.

CRITICAL

After counsel approve the entry, it must be endorsed as approved and submitted to the assigned judge; if the judge signs it, it must then be filed with the Clerk.

When the entry is approved by counsel, it shall be endorsed as approved, to the judge to whom the case is assigned for approval, and if signed by her shall then be filed with the Clerk.

WARNING

The proposed order should include notice of the sanctions for violating the order.

In addition the order should contain a notice setting forth the sanctions for violating the order.

WARNING

The entry must have the names of counsel and the trial judge typed or printed on it.

Name of counsel and trial judge shall be typed or printed upon the entry.

WARNING

If counsel cannot agree on the entry, they must submit the matter to the trial judge, who will enter the proper order or judgment.

If counsel is unable to agree upon the entry, the matter shall be submitted to the trial judge, who shall enter the proper order or judgment.