Putnam County Court of Common Pleas, General Division Document Filing Requirements

CRITICAL

Applies to

Case jacket

When entering a new case, clerk staff must check for fingerprinting and an ITN and record them on the case jacket to notify the Judge of any absence.

Clerk staff shall inquire at time of entering a new case as to the existence of fingerprinting and corresponding Incident Tracking Number (ITN). Staff shall note the ITN and fingerprinting on the case jacket in the designated area. This shall serve to give notice to the Judge of the need to address fingerprint/ITN absence.

CRITICAL

Applies to

Complaint

Every complaint's caption must state each party's name and address if known and the general nature of the action.

The caption in every complaint shall state the name and address, if know, of each party. Each complaint shall also state in the caption the general nature of the action, e.g. action of divorce, dissolution, foreclosure, personal injury, contract, injunction, habeas corpus, declaratory judgment et al.

CRITICAL

Applies to

Subsequent litigation document

Must include

case number

Subsequent pleadings, motions, briefs, and other litigation documents must state the case number and the names of the first plaintiff and first defendant.

Subsequent pleadings, motions, briefs, or other litigation documents shall set forth the case number, the name of the first party plaintiff and the first party defendant.

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

Fax or email transmission

Every fax or email transmission must include a cover sheet with all required information or it will not be accepted for filing.

The attorney must use a cover sheet when making transmissions and provide all required information. Fax or email transmissions without a cover sheet will not be accepted for filing.

CRITICAL

Applies to

Fax or email cover page

The transmission cover page must identify the Court, case, case number, assigned judge, document, transmission date and time, sender’s fax number or email address, attorney registration number, and page count.

(1) The name of the Court; (2) The title of the case; (3) The case number; (4) The assigned judge; (5) The title of the document being filed (i.e. Defendant Jones' Answer to Amended Complaint); (6) The date and time of transmission; (7) The transmitting fax number or email address; (8) Ohio Supreme Court registration number of attorney; (9) Number of pages in document being forwarded

CRITICAL

Applies to

Judgment entry

Unless the trial judge directs otherwise, prevailing counsel must prepare and submit a judgment entry within ten days, and opposing counsel must approve or reject it within five days of receipt.

Unless the trial judge otherwise directs, counsel for the party in whose favor an order, decree, or judgment is rendered, shall within ten (10) days thereafter prepare the proper judgment entry, and submit it to the counsel for the adverse party, who shall approve or reject the same within five (5) days after the receipt thereof.

CRITICAL

Applies to

Judgment entry

A judgment entry must include the names of counsel and the trial judge, typed or printed on the entry.

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

CRITICAL

Applies to

Judgment entry

An entry approved by counsel must be endorsed and presented to the Court; if signed by the judge, it must then be filed with the Clerk.

When the entry is approved by counsel, it shall be so endorsed and presented to the Court for approval and if signed by him shall then be filed with the Clerk.

CRITICAL

Applies to

Entry of dismissal

After settling a case, counsel must promptly submit an entry of dismissal to the judge.

Counsel shall promptly submit an entry of dismissal to the judge following settlement of any case.

CRITICAL

Applies to

Discovery requests

After the original complaint, a party requesting discovery by interrogatories, requests for production, or requests for admissions must file it with the Clerk as required by Civil Rules 26 through 37.

Thereafter, any party requesting discovery by Interrogatories, Request for Production of Documents, or Request for Admissions shall file with the Clerk as required by Civil Rule 26 through 37.

CRITICAL

Applies to

Complaint

The property legal description must be reviewed and include the property address, parcel numbers, and deed reference numbers; the completed approval form and stamped approved original description must be submitted with the complaint for attachment to the Order of Sale.

The legal description of the property must be reviewed by the Putnam County Auditor's Office, tax map department. The property address, parcel number(s), and deed reference number(s) must be listed under the legal description. The completed form "Property Description Approval Form" (found in Appendix) along with the "stamped approved original legal description must be submitted to the Putnam County Clerk of Courts Office upon filing of the complaint to be attached to the Order of Sale.

CRITICAL

Applies to

Conveyance forms

Plaintiff's counsel must prepare the conveyance forms.

Conveyance forms are to be prepared by plaintiff's counsel.

CRITICAL

Applies to

Judicial report

Every judicial report must be issued by a title insurance company and disclose the identity and address of all parties with an interest in the property to be foreclosed.

All judicial reports must be issued by a title insurance company, and must disclose the identify and address of all parties with an interest in the property to be foreclosed.

CRITICAL

Applies to

Notice of representation

An attorney who accepts representation of a defendant in a civil or criminal matter must immediately notify the Court, even if an appearance has not yet been entered.

It shall be the duty of any attorney upon accepting representation of the defendant in any civil or criminal matter to immediately notify the Court of such representation, even though his appearance may not as yet have been entered in the case.

CRITICAL

Applies to

Waiver of counsel

In a dissolution action where only one party has counsel, the unrepresented party must file a written statement waiving counsel and confirming that they are proceeding without advice of counsel.

A. In all dissolution of marriage actions where only one party is represented by counsel, it must be affirmatively stated in writing by the unrepresented party and filed with the Clerk that said party waives representation by counsel and is proceeding without advice of counsel.

CRITICAL

Applies to

Affidavit

Every request for temporary custody, support, or spousal support must include a Civil Rules affidavit with the listed information about the parents, children, income, childcare costs, and employer pensions.

1. With every request for temporary custody, support, or spousal support, the affidavit required by the Civil Rules shall contain: a. The names and addresses of the parents of the children involved. b. The names and present ages, date of birth, social security numbers, and school attended of each child for whom custody or support is sought. c. The amount of the wife's wages, salary or commission from employment and other sources; if known, and if not known, a statement to that effect. d. The amount of the husband's wages, salary or commission from employment and income from other sources; if known, and if not known, a statement to that effect. e. A statement of and child's day care costs. f. A statement of whether either party has a pension through their employer.

CRITICAL

Applies to

Ex parte order request

An ex-parte order will not issue unless the Court determines an emergency exists based on supporting affidavits under Ohio Civil Rule 75.

A. Unless an emergency situation exists, as determined by the Court, based upon supporting affidavits pursuant to Rule 75 of the Ohio Rules of Civil Procedure, no ex-parte orders will issue.

CRITICAL

Applies to

Summons

In divorce actions, plaintiff’s counsel must give the client a copy of the rule, and the Clerk must attach a copy to the summons with the complaint.

B. The attorney representing the plaintiff in any divorce action hereinafter filed in this Court shall furnish his/her client a copy of this rule, and the client, upon the filing of the complaint, shall be bound by the terms of this rule. The Clerk of this Court shall attach a copy of this rule to the summons along with the complaint.

CRITICAL

Applies to

Motion

A motion for conciliation must name the conciliator, generally describe the requested procedures, and guarantee their costs.

1. Any party moving for conciliation pursuant to O.R.C. 3105.09.1 shall set forth the name of the conciliator and shall generally describe the conciliation procedures requested. In addition, thereto, said movant shall guarantee the costs of such conciliation procedure.

CRITICAL

Applies to

Address notice

Parties to a support order must notify the Court of their current mailing address when an order is issued or modified and keep the Court updated thereafter.

All parties to a support order shall notify the Court of his or her current mailing address at the time of any issuance or modification of an order, and shall continue to keep the Court apprised of current addresses.

CRITICAL

Applies to

Employment change notice

Parties must immediately notify the Court in writing of employment changes and provide information about the new employment and other child-support-related information requested or deemed important.

It is further ordered that the parties shall immediately notify the Court, in writing, of any change of employment, including self-employment. Such notification shall include a description of the nature of any new employment, and other information reasonably required by the Court, or any other information which may be deemed important for the purposes of child support.

CRITICAL

Applies to

Judgment entry

Unless the Court specifies otherwise, a Judgment Entry in a case involving children must include the provision requiring 15 days’ advance notice of a custodial parent’s move more than 75 miles from the county seat.

In all cases where there are children involved, unless the Court specified otherwise, the Judgment Entry shall include the following provision: If the party having custody of the children herein shall move more than 75 miles from the seat of this county, fifteen days advance notice shall be given to the other party in the divorce case.

CRITICAL

Applies to

D-1 form

Both parties in covered domestic actions must complete and file an approved D-1 form.

A. In all domestic actions, original or being reopened upon motion where any issue involving minor children or alimony is involved, both parties are required to fill out and file an approved D-1 form.

CRITICAL

Applies to

D-2 form

Both parties in domestic actions involving custody or visitation must file a D-2 affidavit with the Court.

B. In all domestic actions involving custody or visitation both parties shall file a D-2 form with the Court which is an affidavit designed to comply with O.R.C. 3109.27.

CRITICAL

Applies to

D-3 form

A D-3 form must be filed in dissolution of marriage actions when appropriate.

C. In all dissolution of marriage actions a D-3 form shall be filed if appropriate.

CRITICAL

Applies to

Support order

Submitted support orders must state that payments go to the CSEA and specify the appropriate fee, or they will be returned.

All support orders submitted to the Court shall clearly state the support payments shall be made to the CSEA and shall set forth the appropriate fee to be paid. Orders failing to do so will be returned.

CRITICAL

Applies to

Judgment entry initiating child support

Judgment entries initiating child support must include or attach the applicable orders contained in Ohio Revised Code Section 3113.21.

All judgment entries which initiate child support shall include or have attached thereto: 1. The orders, as applicable, which are contained in Section 3113.21 of the Ohio Revised Code.

CRITICAL

Applies to

Judgment entry initiating child support

When the obligor is employed, a judgment entry initiating child support must address enrollment of the children in the obligor's employer health insurance plan.

All judgment entries which initiate child support shall include or have attached thereto: 2. If employed, the employer must enroll the child(ren) in the Obligor's health insurance benefit plan.

CRITICAL

Applies to

Child Support Guidelines Worksheet

The parties must file a Child Support Guidelines Worksheet whenever the Court determines custody.

The parties shall file a Child Support Guidelines Worksheet in all cases where custody is determined by the Court.

CRITICAL

Applies to

IV-D application

The obligee must complete an IV-D application, and the obligee's attorney must ensure that two copies are filed with the Court.

An IV-D application completed by the Obligee. It shall be the responsibility of the attorney for the Obligee to insure that two (2) copies of the application are filed with the Court.

CRITICAL

Applies to

Guardian ad litem report

The Guardian ad Litem is to file a written report seven days before the hearing and make copies available to counsel.

The Guardian ad Litem is to file a written report seven days prior hearing, copies are to be made available to counsel.

CRITICAL

Applies to

Motion

A motion to change custody must include the moving party’s brief statement of the requested change and the reason for it.

Any motion requesting a change of custody shall contain a brief statement by the moving party setting forth the change requested and the reason therefore.

CRITICAL

Applies to

Brief statement

An opposing party represented by counsel must file a brief statement of the client’s position on the requested custody change.

The opposing party shall, if represented by counsel, file a brief statement indicating his client's position regarding the change of custody.

CRITICAL

Applies to

Judgment entry

If the parties agree on a custody change, they must present a corresponding Judgment Entry to the Court, which is filed if approved.

If the parties can agree between themselves regarding the change of custody, a Judgment Entry to that effect shall be presented to the Court, and if approved, filed.

CRITICAL

Applies to

Order for support

Any support order, including one with a deviation resulting in no support payment, must be accompanied by a support guideline worksheet.

A support guideline worksheet must accompany any order for support including any deviation which results in no payment of support.

CRITICAL

Applies to

Motion

A motion requesting a contempt citation must specifically state its basis.

1. Specifically state the basis for the contempt citation

CRITICAL

Applies to

Motion

A motion requesting a contempt citation must contain hearing notice and, after filing, be submitted to the assignment commissioner for scheduling.

2. Contain notice of hearing and after filing shall be submitted to the assignment commissioner for scheduling.

CRITICAL

Applies to

Motion

A motion requesting a contempt citation must include the specified notice concerning failure to appear, counsel, continuances, and potential penalties.

3. Include the following language: FAILURE TO APPEAR MAY RESULT IN THE ISSUANCE OF AN ORDER OF ARREST AND IN THE ISSUANCE OF AN ORDER FOR THE PAYMENT OF SUPPORT BY WITHHOLDING AN AMOUNT FROM YOUR PERSONAL EARNINGS OR BY WITHHOLDING OR DEDUCTING AN AMOUNT FROM SOME OTHER ASSET YOU MAY OWN. YOU HAVE THE RIGHT TO COUNSEL AND IF YOU BELIEVE YOU ARE INDIGENT YOU MAY APPLY FOR COURT APPOINTED COUNSEL WITHIN THREE (3) BUSINESS DAYS AFTER YOUR RECEIPT OF THIS SUMMONS. THE COURT MAY REFUSE TO GRANT A CONTINUANCE AT THE TIME OF THE HEARING FOR THE PURPOSE OF YOUR OBTAINING COUNSEL, IF YOU FAIL TO MAKE A GOOD FAITH EFFORT TO RETAIN COUNSEL PRIOR OT THE HEARING IF YOU ARE FOUND GUILTY OF CONTEMPT, THE COURT MAY IMPOSE ANY OF THE FOLLOWING PENALTIES: (Ohio Revised Code Section 2705.05(A) (1) FOR A FIRST OFFENSE, A FINE OF NOT MORE THAN $250.00, A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 30 DAYS IN JAIL, OR BOTH; (2) FOR A SECOND OFFENSE, A FINE OF NOT MORE THAN $500.00, A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 60 DAYS IN JAIL, OR BOTH; (3) FOR A THIRD OR SUBSEQUENT OFFENSE, A FINE OF NOT MORE THAN $1,000.00, A DEFINITE TERM OF IMPRISONMENT OF NOT MORE THAN 90 DAYS IN JAIL, OR BOTH.

CRITICAL

Applies to

Judgment entry

The prosecuting attorney must prepare judgment entries in all criminal cases.

The prosecuting attorney shall prepare the Judgment Entries in all criminal cases.

CRITICAL

Applies to

Judgment entry

Must include

certificate of service

The filed entry must include the prosecuting attorney’s certificate that a copy was provided to opposing counsel.

He shall provide a copy to opposing counsel and shall evidence this fact by his certificate on the entry filed with the Court.

CRITICAL

Must include

proposed order

In the stated circumstances, responsible counsel must file a Motion to Convey with a Proposed Order to Convey to transport the incarcerated person to the hearing.

Motions to Convey Prisoners, not help on the underlining pending charge within Putnam County, is the responsibility of counsel for a party who is incarcerated, or who issues a subpoena for a witness who is incarcerated, to file a Motion to Convey with a Proposed Order to Convey to transport the person to the hearing.

CRITICAL

Applies to

Certificate of attendance

A certificate of attendance must be filed in the case file for each class participant after each class.

A certificate of attendance will be filed in the case file for each participant after each class.

WARNING

Applies to

Pleading or litigation document

The Clerk may refuse to accept for filing a document that does not comply with the stated document requirements.

The Clerk is authorized to refuse to accept for filing any document which does not comply with the above.

WARNING

Applies to

Electronically transmitted pleading or paper

A signature on an electronically transmitted document is treated as the purported attorney’s or party’s signature, but an unauthorized transmission must be stricken.

Any signature on electronically transmitted pleading or papers shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the pleadings or papers were transmitted without authority, the Court shall order the filing stricken.

WARNING

Applies to

Judgment entry

If counsel cannot agree on the judgment entry, they must submit it to the Court, which will direct what entry to make.

If counsel are unable to agree upon the entry, it shall be submitted to the Court, who will direct what entry shall be made.

WARNING

Applies to

Real estate purchaser information form

The purchaser information form is used to provide information the Sheriff must obtain at a judicial sale; if the Plaintiff or representative does not provide it, the sale officer will collect it and file it with the sale return and court records.

The "Real Estate Purchaser Information Form" (found in appendix) is to be used to provide the new purchaser information which the Sheriff is required to obtain at a judicial sale of real estate. If not provided by the Plaintiff or their representative the officer conducting the sale will collect this information and file it with the sale return and other records in the Court of Common Pleas.

WARNING

Applies to

Pre trial statement

At the Court's discretion, counsel shall file within five (5) days of a pre-trial submit a "Pre-Trial Statement" containing the following required data: 1. The counsel who will be trial counsel and who is fully authorized to act and negotiate on behalf of the party. 2. A statement of the issues involved and a statement in writing of all questions of law which it is expected will be involved in cases. 3. All exhibits which are expected to be offered in evidence at the trial; an itemization of all special damages claimed; the names of all witnesses, both expert and non-expert and, expected to be called at the trial; whether or not a view will be requested; whether or not a jury trial if previously demanded, will not be waived, and if not, the number of jurors demanded, and whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages if liability be found.

At the Court's discretion, counsel shall file within five (5) days of a pre-trial submit a "Pre-Trial Statement" containing the following required data: 1. The counsel who will be trial counsel and who is fully authorized to act and negotiate on behalf of the party. 2. A statement of the issues involved and a statement in writing of all questions of law which it is expected will be involved in cases. 3. All exhibits which are expected to be offered in evidence at the trial; an itemization of all special damages claimed; the names of all witnesses, both expert and non-expert and, expected to be called at the trial; whether or not a view will be requested; whether or not a jury trial if previously demanded, will not be waived, and if not, the number of jurors demanded, and whether the case is one where the issue of liability should be tried separately with a subsequent trial on the issue of damages if liability be found.

WARNING

Applies to

Final judgment entry

The final Judgment Entry must provide for discharge of the Guardian Ad Litem when the matter concludes, unless the Court directs otherwise.

The final Judgment Entry shall contain a provision for the discharge of the Guardian Ad Litem at the conclusion of the matter for which the Guardian Ad Litem was appointed unless otherwise directed by the Court.

WARNING

Applies to

Guardian ad litem comment or complaint

Comments or complaints about a Guardian Ad Litem’s performance must be in writing and submitted directly to the Common Pleas Court, Domestic Relations Division.

1) Any comments or complaints regarding the performance of Guardian's Ad Litem shall be in writing and submitted directly to the Common Pleas Court, Domestic Relations Division.