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

CRITICAL

Applies to

Fax filing

Must include

judge name, case number

A fax filing must include a cover page with the filer’s contact details and the specified transmission, court, case, judge, and document information.

Cover Page: The person filing a document by fax shall also provide cover page containing the following information: 1. Name, address, telephone number, fax number, Ohio Supreme Court registration number for attorney, if applicable, and email address of the person filing the fax document; 2. Date and time of facsimile initiation; 3. Number of pages in the transmission, including the cover page; 4. Name of the court; 5. Case number and caption of the case; 6. Name of assigned judge, or if one has not been assigned, indicate this on the cover sheet; 7. Title of the document being filed.

CRITICAL

Applies to

Fax filing

An exhibit that cannot be accurately faxed must be replaced in the faxed document by 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

Missing exhibit

Must include

judge name, case number

A separately filed missing exhibit must have a signed cover sheet with the specified case and exhibit information and must be 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, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

CRITICAL

Applies to

Electronic filing

Electronic filings exceeding 20 pages, including exhibits, must include a content summary of no more than two pages, counted within the total page limit.

4. Electronic filings exceeding 20 (twenty) pages, including exhibits, shall be accompanied by a content summary of not more than two (2) pages, which shall be included in the count of total pages.

CRITICAL

Applies to

Title search

For a criminal property bond, the defendant’s attorney or the surety’s attorney must provide the Clerk a title search certifying the listed property, ownership, value, lien, and tax information.

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: 1. A short description of the property, which must be located in Ross County, Ohio; 2. The names that appear on the deed; 3. The true value of the property, which must be twice the amount of the bond, as shown on the records in the county Auditor's Office; and 4. Whether there are any liens on file against the property, as no liens may exist; and 5. Whether the taxes on the property are paid up to date, as certified by the Ross County Treasurer.

CRITICAL

Applies to

Pleading motion memorandum

Every filed pleading, motion, and memorandum must identify filing counsel with the specified contact and registration information, including the responsible attorney at a law firm.

Every pleading, motion and memorandum filed shall: 1. Have typed or printed thereon the name, address, telephone number, and Supreme Court registration number of counsel filing the same and when the counsel is a firm of attorneys, a particular attorney within the firm having primary responsibility for the case.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion filed must include a prepared entry granting the relief sought.

4. Include a prepared entry granting the relief sought for any motions filed.

CRITICAL

Applies to

Mortgage foreclosure complaint

A new mortgage foreclosure complaint will not be accepted unless counsel submits a completed, reviewed, and verified Property Description Approval Form with the initial filings.

No complaint for a new MORTGAGE FORECLOSURE case shall be accepted for filing unless counsel submits to the Clerk, along with the initial filings, a completed Property Description Approval Form reviewed and verified by the Ross County Engineer's Tax Map Office that the legal description of the real estate is accurate and recordable.

CRITICAL

Applies to

First pleading after new party added

The first pleading after a new party is added must include that party’s name and address and the applicable new-party designation in its caption.

When a new party plaintiff or defendant is added to a case after the commencement of an action, the caption of the first pleading thereafter shall contain the name of the new party, together with the new party's address followed by a specific designation of "New Party Plaintiff" or "New Party Defendant" as is applicable.

CRITICAL

Applies to

Notice of change of address

Counsel and self-represented parties must file written notice of an address change with the Clerk of Courts and the Assignment Commissioner-Bailiff.

Counsel or parties appearing IN PROPRIA PERSONA shall file with the Clerk of Courts and the Assignment Commissioner-Bailiff written notice of any change of address.

CRITICAL

Applies to

Consent to plead

Counsel’s consent to an extension must be documented in a Consent to Plead signed by all counsel and filed with the Clerk.

Such consent shall be evidenced by Consent to Plead signed by all counsel and filed with the Clerk.

CRITICAL

Applies to

Pleading

Pleadings filed for represented parties must be signed by one attorney in that attorney’s individual name and designated as the trial attorney.

All pleadings filed on behalf of one or more parties represented by counsel shall be signed by one attorney in his individual name as trial attorney, followed by the designation “trial attorney”.

CRITICAL

Applies to

Motion

Unless another rule or Court Order provides otherwise, each motion must include a brief stating its grounds and citing supporting authorities.

All motions not otherwise provided for herein or addressed by specific Court Order shall be accompanied by a brief stating the grounds therefore and citing the authorities relied upon for the motion.

CRITICAL

Applies to

Trial exhibits

At least seven days before trial, trial counsel must mark proposed documentary exhibits, provide copies and an exhibit list to all trial counsel and the Court, and noncompliance may result in sanctions including exclusion of evidence.

13.01 Not less than seven (7) days prior to trial, trial counsel shall cause to be marked as exhibits all documentary exhibits to be proposed as evidence at trial, shall provide copies of same to all trial counsel and to the Court, and shall provide a list of all exhibits so marked to all trial counsel and to the Court. Failure to comply with this rule may result in appropriate sanctions, including, but not limited to, exclusion of evidence.

CRITICAL

Applies to

Entry of confirmation

Entries of Confirmation after foreclosure actions must detail lien and mortgage releases, including their volume and page numbers.

16.04 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

Journal entry

Counsel preparing a directed final, appealable journal entry must provide the Clerk a list of persons entitled to notice and sufficient copies for mailing notice to each listed party.

16.05 Counsel directed by the Court to prepare and submit a journal Entry of a final, appealable order reflecting the findings and rulings of the Court shall provide for the Clerk of Courts a list of all persons entitled to notice, including the names and mailing addresses of all attorneys of record and names and addresses of all unrepresented parties not in default. Counsel shall also provide sufficient copies of said journal entry to the Clerk so that the Clerk may serve notice of the entry by mail upon each party listed.

CRITICAL

Applies to

Entry

Entries in civil and domestic cases must provide for payment and allocation of court costs, and the Clerk must reject noncompliant entries.

16.06 All entries in civil and domestic cases shall make provisions for payment of Court costs and shall specifically provide for allocation of any Court costs incurred over and above the cost deposit. The Clerk shall not accept for filing any entry that fails to comply with this rule.

CRITICAL

Applies to

Nunc pro tunc entry

A proposed Nunc Pro Tunc entry must be accompanied by a motion specifying the proposed revisions.

16.07 All proposed Nunc Pro Tunc entries shall be accompanied by a motion specifying the proposed revisions.

CRITICAL

Applies to

Pretrial statement

The pre-trial statement must include the specified asset, income, deduction, debt, living-expense, and statutory-information disclosures.

It is the Order of the Court that each of the parties herein serve upon opposing counsel and file with the Clerk of Courts not less than ten (10) days prior to pre-trial conference a pre-trial statement containing all the following information: 1. Itemized list of all assets of the parties together with appraisal value that will be supported by respective party's evidence; 2. Statement of total gross income indicating source, amount and nature thereof; 3. Statement of all deductions from gross income which, together with information provided in No. 2 above, will provide an accurate and fair representation of the party's net disposable income before living expenses and debts; 4. Itemized list of all debts of the parties indicating creditor, principal balance, periodic payment, anticipated rate of payoff, purpose, security, if any, and liability of respective parties thereon; 5. Statement of living expenses (without minor children) that will be supported by respective party's evidence; and 6. Other relevant information as contained in Ohio Revised Code Sections 3105.18 and 3109.05.

CRITICAL

Applies to

Pretrial proposal

Each party must prepare a fair-and-reasonable proposal addressing the listed financial issues and accompany it with a supporting memorandum citing legal authority.

Each party shall also prepare a proposal, which he/she states is fair and reasonable, for division of assets, payment of debts, payment of periodic spousal support, and payment of child support (including medical expenses, etc.). The proposal shall be accompanied by a memorandum in justification of said proposal together with citations of legal authority supporting said proposal.

CRITICAL

Applies to

Pleading

Must include

caption, case number

Pleadings must identify the Court, case, and trial counsel and include a completed Confidential Disclosure of Personal Identifiers Form with the specified information.

All pleadings filed in the Court must contain: a. The name of the Court; b. Proper style of the case; c. Number of the case; d. The name, address and phone number of the trial counsel, and e. Include a completed Confidential Disclosure of Personal Identifiers Form containing the full legal names, dates of birth, social security numbers and addresses for the party and any minor children involved in the action. The Confidential Disclosure of Personal

CRITICAL

Applies to

Separation agreement

A separation agreement filed with the Court must be on separate paper and styled as a separation agreement.

All separation agreements filed with the Court must be on a separate paper and styled as a separation agreement.

CRITICAL

Applies to

Request for temporary relief

When requested in the complaint, answer or counter-claim, or by motion, upon satisfactory proof by affidavit duly filed with the Clerk of this Court, the Court or Magistrate without oral hearing and for good cause shown may grant spousal support pendente lite to either of the parties for his or her sustenance and expenses during suit and may make temporary orders regarding allocation of parental rights and responsibilities, support, maintenance and care of the minor children of the marriage, whether biological or by adoption, during the pendency of the action for divorce, annulment or legal separation, as provided for in Ohio Civil Rule 75 (N).

When requested in the complaint, answer or counter-claim, or by motion, upon satisfactory proof by affidavit duly filed with the Clerk of this Court, the Court or Magistrate without oral hearing and for good cause shown may grant spousal support pendente lite to either of the parties for his or her sustenance and expenses during suit and may make temporary orders regarding allocation of parental rights and responsibilities, support, maintenance and care of the minor children of the marriage, whether biological or by adoption, during the pendency of the action for divorce, annulment or legal separation, as provided for in Ohio Civil Rule 75 (N).

CRITICAL

Applies to

Pleading or motion

When child support is to be ordered, a party filing a pleading or motion must submit a completed child-support-guidelines worksheet with that party’s calculation at filing.

In the alternative to Subsection 1 and 2 herein, a party filing any pleading or motion where child support is to be ordered, shall also submit to the Court at the time of filing a completed worksheet with that party’s calculation of the child support under the Guidelines.

CRITICAL

Applies to

Pleading

Also to be included in any pleadings is a completed financial affidavit, the form of which has been approved by the Court.

Also to be included in any pleadings is a completed financial affidavit, the form of which has been approved by the Court.

CRITICAL

Applies to

Contempt filing

A contempt filing for failure to comply with a support order must include a Job and Family Services-certified computerized account-status statement, or the Clerk will refuse the filing.

All contempt filings for failure to comply with Court ordered support and/or spousal support shall be accompanied by a computerized statement of the status of the obligor's support and/or spousal support account certified by the Job and Family Services. The Clerk shall refuse any such filings not so complied with.

CRITICAL

Applies to

Court filing

Papers filed in a matter requiring an investigation into placement or allocation of parental rights and responsibilities must include complete street addresses for the relevant parties or persons.

Upon the filing of any matter in which an investigation is required for the placement or allocation of parental rights and responsibilities of minor children, a complete street address for the parties or persons having or seeking allocation of parental rights and responsibilities of minor children shall be included in any papers filed with the Clerk of this Court.

CRITICAL

Applies to

Financial affidavit

A financial affidavit itemizing the parties’ income, assets, living expenses, debts, and liabilities must be filed in divorce, dissolution, and legal-separation actions and with an answer or counterclaim in those actions.

In all actions for divorce, dissolution and legal separation, or an answer or counterclaim thereto, a financial affidavit itemizing the parties' gross income from all sources, assets, living expenses, debts and liabilities shall be filed therewith.

CRITICAL

Applies to

Pleading or motion

A conspicuous fourteen-day counter-affidavit notice must appear in any complete, answer, counter-claim, or motion requesting temporary relief pending judgment.

The following notice shall be included in a conspicuous manner, in any complete, answer, counter-claim or motion requesting temporary relief pending judgment. NOTICE: YOU HAVE FOURTEEN (14) DAYS FROM THE DATE OF SERVICE WITHIN WHICH TO FILE ANY COUNTER AFFIDAVITS, INCLUDING, IF APPROPRIATE, SWORN SUPPORT WORKSHEETS.

CRITICAL

Applies to

Support order

Orders for periodic spousal or other support must be filed with the Clerk with a copy to Job and Family Services, and preparing counsel must provide an additional copy for filing with that agency.

All orders effecting the periodic payment of spousal support or support, whether temporary orders or final decrees, shall be filed with the Clerk of this Court with a copy to South Central Ohio Job and Family Services. Counsel preparing such order shall provide an additional copy to be filed with the Job and Family Services.

CRITICAL

Applies to

Final divorce decree or post decree journal entry

A final divorce decree or post-decree journal entry ordering, modifying, or terminating child or spousal support must be accompanied by a completed Job and Family Services memo and a copy for the agency, or the Clerk will refuse it for filing.

A fully completed South Central Ohio Job and Family Services information memo, a copy of which is attached below, must accompany any final divorce decree and any post-decree journal entry, which orders, modifies or terminates child or spousal support. Further, counsel shall submit a copy of any such decree or journal entry for the Job and Family Services. The Clerk of this Court shall refuse for filing any such decree or journal entry not accompanied by a copy for Job and Family Services and a fully completed Job and Family Services memo.

CRITICAL

Applies to

Petition

20.14 A petition or pleading filed pursuant to Ohio Revised Code Section 3113.31 shall contain the following information concerning the respondent: 1. Name; 2. Address; 3. Social Security Number; 4. Date of Birth; 5. Height; 6. Weight; 7. Hair; 8. Eyes; 9. Race; 10. Sex; and 11. Vehicle license number. The Clerk shall not refuse to accept a petition or pleading for filing on the grounds that it fails to contain all of the above-stated information except that the Clerk shall not accept a petition which does not contain the name and address of the respondent.

20.14 A petition or pleading filed pursuant to Ohio Revised Code Section 3113.31 shall contain the following information concerning the respondent: 1. Name; 2. Address; 3. Social Security Number; 4. Date of Birth; 5. Height; 6. Weight; 7. Hair; 8. Eyes; 9. Race; 10. Sex; and 11. Vehicle license number. The Clerk shall not refuse to accept a petition or pleading for filing on the grounds that it fails to contain all of the above-stated information except that the Clerk shall not accept a petition which does not contain the name and address of the respondent.

CRITICAL

Applies to

Certificate

Class attendance must be evidenced to the Court by furnishing a certificate of completion in the attending party’s name.

Attendance of the class shall be evidenced to the Court by furnishing the Court with a certificate of completion in that party's name.

CRITICAL

Applies to

Objection to mediation referral or mediator

An objection to the mediation referral or appointed mediator must be written and explain the reasons for opposition.

A party opposed to either the referral or the appointed mediator must file a written objection with the court within ten (10) days of entry of the referral and explain the reasons for any opposition.

CRITICAL

Applies to

Settlement entry

If a case is settled during mediation, the attorney for one of the parties shall prepare and submit to the Court an entry reflecting the fact of settlement as in any other case.

If a case is settled during mediation, the attorney for one of the parties shall prepare and submit to the Court an entry reflecting the fact of settlement as in any other case.

CRITICAL

Applies to

Mediation agreement

If both parties are unrepresented, one party must present the mediation agreement to the court.

If both parties are unrepresented, one of the parties shall present the mediation agreement to the court.

CRITICAL

Applies to

Joint statement

After partial settlement or other agreements during mediation, the parties must submit a joint statement identifying resolved issues and issues remaining for trial.

If some, but not all, of the issues in a case are settled during mediation, or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within twenty-one (21) days of the termination of mediation.

CRITICAL

Applies to

CQE petition cover sheet

A CQE petitioner must file the approved cover sheet with the clerk in the court where the petitioner resides and include the DRC Electronic Petition Number on it.

In order to request a CQE, the Petitioner shall file the approved Cover Sheet provided herein below with the Clerk of Courts for the Common Pleas Court where the Petitioner resides. The Petitioner shall include the DRC Electronic Petition Number on the Cover Sheet and

CRITICAL

Applies to

Appointment order

The parenting coordinator appointment order must state the listed appointment details and terms.

The Court's appointment order shall set forth all of the following: a. The name of the parenting coordinator and any contact information the Court may choose to include; b. The specific powers and duties of the parenting coordinator; c. The term of the appointment; d. The scope of confidentiality; e. The parties' responsibility for fees and expenses for services rendered by the parenting coordinator; and f. Parenting coordination terms and conditions.

CRITICAL

Applies to

Written decision

Must include

caption, case number

If the parties cannot reach agreement, the parenting coordinator must issue an immediately effective written decision, provide copies to the parties and their attorneys, immediately file it, and include the listed information.

The parenting coordinator shall first attempt to assist the parties in reaching an agreement that resolves the dispute. If the parties are unable to reach an agreement, the parenting coordinator shall issue a written decision that is effective immediately. The parenting coordinator shall provide copies to the parties and their attorneys, if any. The decision shall be immediately filed with the Court and include all of the following: (1) Case caption, including the case number; (2) Date of the decision; (3) The decision of the parenting coordinator; (4) Facts of the dispute and facts upon which the decision is based; (5) Reasons supporting the decision; (6) The manner in which the decision was provided to the parties; (7) Any other necessary information.

CRITICAL

Applies to

Complaint

Must include

caption, case number

A party may submit a complaint about the parenting coordinator to the Court Administrator within one year after the appointment ends, and the complaint must include the listed information.

c. A party to a case appointed to parenting coordination may file a complaint regarding the parenting coordinator within one year from the termination of the appointment. The complaint shall be submitted to the Court Administrator, and include all of the following: (1) The case caption and case number; (2) The name of the parenting coordinator; (3) The name and contact information for the person making the complaint; (4) The nature of any alleged misconduct or violation; (5) The date the alleged misconduct or violation occurred;

WARNING

Applies to

Fax filing

A fax filing is the effective original, but the filer must retain the signed source document and cover sheet and produce them on request through the end of the case and post-judgment relief.

A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Courts, but must 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 filing. 3. 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.

WARNING

Applies to

Fax filing

A signed document may be faxed with its physical signature or with an “/s/” notation and signer’s name, and the filer represents that the physically signed source is in their possession or control.

A party who wishes to file a signed source document by fax shall either: 1. Fax the signed source document; or 2. Fax the document without the signature but with the notation "/s/" followed by the name of the signing person where the signature appears in the signed source document. b. A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.

WARNING

Applies to

Consent to plead

When consent to plead is proper and obtained, the forms and entries are not to be submitted to the Court for approval.

Neither these forms nor entries shall be submitted to the Court for approval where consent to plead is proper and is obtained.

WARNING

Applies to

Attorney certificate for legal services and affidavit of indigency

The attorney’s certificate for legal services and affidavit of indigency must be submitted within 30 days after legal services end, itemize time and expenses, and the certificate must state the termination date.

14.04 The attorney's certificate for legal services and affidavit of indigency shall be submitted within thirty (30) days of the termination of legal services and shall set forth an itemization of time and expenses involved. Said certificate shall also include the date of termination of services.

WARNING

Applies to

Decree or journal entry

After receiving the completed memo and agency copy of the decree or journal entry, the Clerk must forward them to Job and Family Services through the CSEA box at the Clerk of Courts office.

After receipt of the fully completed Job and Family Services memo and Job and Family Services copy of the decree or journal entry, the Clerk shall then forward these documents to South Central Ohio Job and Family Services by placing them in the CSEA box at the office of the Clerk of Courts.

WARNING

Applies to

Parenting coordinator resume

A parenting coordinator must submit a resume documenting the specified compliance, update it after substantive changes, and notify the Court of changes to the listed contact information.

a. A parenting coordinator shall submit a resume to the Court documenting compliance with division 29.04(B) and, if applicable, division 29.04(C); provide an updated resume to the Court in the event of any substantive changes; and notify the Court of any changes to name, address, telephone number and, if available, electronic mail address contained in the resume.

WARNING

Applies to

Continuing education training report

By January 1 each year, a parenting coordinator must report to the Court all prior-year continuing education training, including each training's sponsor, title, date, and location.

b. On or before January 1st of each year, a parenting coordinator shall report to the Court a list of all continuing education training completed during the previous year pursuant to division 29.04(D), including the sponsor, title, date, and location of each training.

WARNING

Applies to

Parenting coordination report

When the Court requests a written report, it must include the dates of parenting coordination sessions and whether they occurred or were terminated.

b. Upon request by the Court, the parenting coordinator shall prepare a written report including, but not limited to, all of the following: (1) Dates of parenting coordination session(s); (2) Whether the parenting coordination session(s) occurred or was terminated;