Shelby County Court of Common Pleas, General and Domestic Relations Divisions Document Filing Requirements

CRITICAL

Applies to

Divorce action with publication notice

For a divorce action with publication notice, the attorney must arrange publication and file proof with the Clerk.

(Attorney to do publication and file proof with Clerk)

CRITICAL

Applies to

Affidavit of inability to pay or secure costs

An attorney seeking approval to file an affidavit of inability to pay or secure costs must certify that the party paid no money to the attorney and, to the attorney’s best knowledge and belief, cannot make the deposit.

To secure such approval, the attorney for the party desiring to file the affidavit shall certify that no monies have been paid to him by the party, and that to his best knowledge and belief, the party is unable to make the deposit.

CRITICAL

Applies to

Fax filing

Must include

caption, judge name, case number

A fax filing must include a cover page with the listed court, case, document, transmission, filer, and cost information.

The person filing a document by fax shall also provide therewith a cover page containing the following information: 1. The name of the court; 2. The title of the case; 3. The case number; 4. The assigned judge; 7 ===== PAGE 8 ===== 5. The title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendant’s Motion to Dismiss); 6. The date of transmission; 7. The transmitting fax number; 8. An indication of the number of pages included in the transmission, including the cover page; 9. If a judge or case number has not been assigned, state that fact on the cover page; 10. The name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and 11. If applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Fax filing of signed document

A fax filing of a signed document must include either the signed document or an unsigned copy marked “/s/” followed by the signer’s name where the signature would appear.

A party who wishes to file a signed source document by fax shall either fax a copy of the signed source document or fax a copy of 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.

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

Exhibit

Must include

caption, case number

A party filing a missing exhibit separately must attach a cover sheet with the case title, case number, and exhibit title, and sign and serve it under the court’s pleading rules.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the title of the case, the case number, 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

Must include

caption

Documents must include the court, county, state, and all parties’ names and addresses in the caption, with at least three inches of blank space at the upper right of the first page for the clerk’s endorsement.

The caption at the top thereof, in addition to stating the name of the Court, the county and state, shall state the name and address of all parties. A blank space of at least 3” shall be left at the top of the right side of the first page for endorsement thereon by the Clerk.

CRITICAL

Must include

case number

Pleadings filed after the complaint, including motions and applications, must state the cause number and the names of the first plaintiff and first defendant on each side.

Pleadings subsequent to the Complaint, including motions or applications, shall state the number of the cause, the name of the first party Plaintiff and first party Defendant on each side.

CRITICAL

Must include

caption

A filed pleading or other paper must identify its nature in the caption.

Any pleadings or other paper filed shall state in the caption the nature of the Complaint, pleading or paper, such as “Complaint for Personal Injury,” “Answer to Amended Complaint,” etc.

CRITICAL

Applies to

Pleading

All pleadings must be signed by at least one attorney of record and include the attorney’s specified contact details in a signature block; pro se parties must comply as applicable.

At least one attorney of record, whether the case is civil or criminal, shall sign ===== PAGE 12 ===== all pleadings. All pleadings, whether civil or criminal, shall contain a signature block for the attorney which shall include typewritten or printed the attorney’s name, bar registration number, telephone number, telefax number, and e-mail address. If a party is pro se, the party shall comply with this rule as applicable.

CRITICAL

Applies to

Pleading

Must include

caption

A jury demand must be endorsed on the pleading and included in its caption.

A party or counsel demanding a jury shall endorse the demand on the pleading and make it a part of the caption.

CRITICAL

Applies to

Motion for continuance

A motion for continuance based on a scheduling conflict must include a file-stamped copy of the scheduling notice that created the conflict.

All Motions for Continuance due to a scheduling conflict must be accompanied by a file-stamped copy of the scheduling notice creating the conflict.

CRITICAL

Applies to

Motion

A motion to be ruled upon by the Court must be in writing and accompanied by a memorandum.

Motions to be ruled upon by the Court shall be in writing, accompanied by a Memorandum.

CRITICAL

Applies to

Motion requiring oral hearing

When a motion requires an oral hearing under the applicable rules or law, the movant must obtain a hearing date and prepare the process or notice for the Assignment Commissioner’s signature upon filing the motion.

Upon filing of any Motion which requires oral hearing pursuant to the Ohio Rules of Civil or Criminal Procedure or any provisions of the law, the Movant shall, upon filing said Motion, obtain a date for such hearing and prepare the process or notice for signature by the Assignment Commissioner.

CRITICAL

Applies to

Pretrial statement

Pretrial statements must include the listed facts, issues, legal authorities, witness information, exhibits, proposed jury instructions, settlement position, and trial-time estimate.

The pretrial statement shall include the following: a. Statement of the facts giving rise to the claim of defense, and/or counterclaim. b. Comprehensive statement of the issues involved. c. Propositions of law or positions supported by law with at least two or three authorities cited. d. List of witnesses with addresses who will be appearing on behalf of the party, including a short statement of testimony of witnesses. Witness lists shall be furnished to the court reporter. e. List of all demonstrative evidence or exhibits which will be offered on date of trial. f. Proposed jury instructions. g. Demand or offer for settlement. h. Estimate of trial time.

CRITICAL

Applies to

Discovery statement

When discovery cannot be completed informally, the discovery-seeking party must advise the Court in writing and state the informal resolution efforts, remaining disputes, conference date, time and place, and participants.

At such time as discovery cannot be completed informally, the party seeking discovery shall advise the Court in writing and file such Interrogatories, Requests, Motions, Applications or Protective Order requests as may be necessary or advisable to counsel for protecting the interests of their client. Such statements shall recite efforts made to resolve differences informally. In addition, such statements shall recite those matters that remain in dispute, and in addition, the date, time and place of such conference, and names of all parties participating therein.

CRITICAL

Applies to

Default judgment

A party seeking default judgment after a party fails to appear must file an affidavit showing the defaulting party is not in military service, or file an alternative document if unable to provide the affidavit.

In any action or proceeding commenced in this Court, if there shall be a default of any appearance by any party, the party seeking judgment shall file with the Court an Affidavit setting forth facts showing that the party in default is not in the military service. If unable to file such Affidavit, the party seeking judgment shall in lieu thereof file an

CRITICAL

Applies to

Affidavit

Before default judgment, the affidavit must address the defaulting party’s military-service status, and further proceedings under the cited Act are required unless the affidavit shows the party is not in military service.

Affidavit setting forth that the party in default is either in the military service or the affiant is not able to determine whether or not such defaulting party is in the service. Unless it appears from the Affidavit filed the defaulting party is not in such military service, before judgment can be entered further proceedings shall be had pursuant to Soldiers and Sailors Civil Relief Act (50 U.S.C. 520 et. seq.).

CRITICAL

Applies to

Filing to set aside default judgment

A party seeking to set aside a default judgment must present or offer to file a proper pleading and file an affidavit explaining the default and the facts and nature of a meritorious claim or defense.

In cases in which a Judgment, Order, or Decree has been rendered upon default, in addition to the requirements of Rule 60(B) of the Civil Rules, the Judgment, Order, or Decree shall not be set aside unless the party in default presents or offers to file a proper pleading in the case. Along with the pleading, his Affidavit or the Affidavit of his agent or attorney, setting forth the facts showing the cause of the default and that there is a meritorious cause of action or defense and the facts showing the nature of it, must be filed.

CRITICAL

Applies to

Receiver inventory appraisement and accounting

A receiver’s inventory, appraisement, and accounting must be submitted to the trial Judge for approval before filing with the Clerk.

Such documents shall be handed to the trial Judge for his approval prior to filing with the Clerk.

CRITICAL

Applies to

Receiver semiannual report

After the initial report, the receiver must file consecutively numbered reports semi-annually with accounts of receipts and expenditures and a summary of future plans, submitting them to the trial Judge for approval before filing with the Clerk.

Semi-annually, after filing the first report with inventory, appraisement and account, the receiver shall file with the trial Judge for his approval prior to filing with the Clerk, consecutively numbered reports with accounts, for approval by Entry by the Court, as to all receipts and expenditures made by the receiver during the reporting period and a summary of plans for the future conduct of the receivership.

CRITICAL

Applies to

Written deposition transcript

The Clerk will not accept a written deposition transcript unless it is accompanied by a Notice of Filing Deposition Transcript and a Certification of Compliance.

The Clerk shall not accept any written deposition transcript unless it is accompanied by a Notice of Filing Deposition Transcript and Certification of Compliance.

CRITICAL

Applies to

Notice of filing deposition transcript

The Notice of Filing Deposition Transcript must identify the deponent and deposition date and include the officer’s certification that the transcript is a true, unaltered record.

The Notice of Filing Deposition Transcript shall identify the deponent and the date the deposition was taken and include a certification by the officer who took the deposition that the written deposition transcript being filed is a true record of the deposition and that the testimony has not been altered in any way.

CRITICAL

Applies to

Certificate of compliance

The Certification of Compliance must certify that counsel is filing the written deposition transcript in compliance with the rule.

The Certificate of Compliance shall include a certification from counsel that the written deposition transcript is being filed in compliance with this rule.

CRITICAL

Applies to

Audio video deposition for trial or hearing

An audio/video deposition may not be presented at trial or a hearing unless a written transcript has been filed in accordance with the rule.

The Court shall not accept or permit the audio/video version of the deposition transcript to be presented during trial or hearing unless a written transcript of the deposition has been filed in accordance with subsection (A) of this rule.

CRITICAL

Applies to

Audio video deposition transcript

Must include

certificate section

An audio/video deposition transcript must include the officer’s written certification with specified statements and the officer’s deposition log.

The audio/video version of the deposition transcript shall include an attached written certification from the officer who took the audio/video deposition. This certification shall state that the witness was fully sworn or affirmed by the officer and that the audio/video version of the deposition is a true record of the testimony given by the witness. The officer’s log of the deposition shall be included with the certification.

CRITICAL

Applies to

Audio video deposition

If an audio/video deposition is presented at trial or a hearing, the presenting party must mark it as an exhibit and it must be retained as evidence.

If the audio/video version of the deposition is presented at trial or a hearing, the audio/video version of the deposition shall be marked as an exhibit of the party who presented the deposition and shall be retained as evidence from the trial or hearing.

CRITICAL

Applies to

Counsel fee application

In partition cases involving a land sale, counsel fees may be allowed and taxed as costs only on application supported by affidavits and based on hourly rates and other factors presented to the court.

In partition cases where land is sold, counsel fees shall be allowed by Court and taxed as part of the costs, but all such fees shall be allowed only upon Application to the Court, supported by Affidavits, and based upon hourly rates and other factors presented to the Court.

CRITICAL

Applies to

Defendant counsel fee application

Defendant’s counsel in a partition case may receive fees taxed as costs only upon application and affidavit, on an hourly basis, with a proper showing that the services were necessary and beneficial to estate administration.

Counsel for any Defendant appearing in said partition case may be allowed counsel fees which shall be taxed as part of the costs. In such instances, all such partition fees on behalf of the attorney for the Defendant shall be upon Application, Affidavit, and upon an hourly basis and upon proper showing that such services were necessary and beneficial in the administration of the estate.

CRITICAL

Applies to

Order of sale

The attorney requesting a sale must type and file the Order of Sale with the Clerk, including the property address and legal description, amount due, interest due, and the date through which interest will accrue.

The Clerk shall no longer prepare Orders of Sale. Said Orders shall be typed by the attorney requesting the sale and filed with the Clerk, which Order shall contain the following minimal information: address and legal description of the property, amount due, interest due and date to which interest will continue to accrue.

CRITICAL

Applies to

Proposed judgment entry of foreclosure order of sale

A proposed foreclosure judgment entry or Order of Sale must include the specified language about property access for appraisal and taxation of access expenses as costs.

Any proposed Judgment Entry of Foreclosure/Order of Sale of real estate shall contain the following language relating to access to the subject property: "It shall be the responsibility of the attorney for the party who is prosecuting this foreclosure action to provide a key to the premises or to make other suitable arrangements with the Shelby County Sheriff's Department for access to the property for appraisal purposes. The Court hereby ORDERS, ADJUDGES AND DECREES that the party who is prosecuting this foreclosure action and the Shelby County Sheriff's Department should be and they hereby are authorized to use all reasonable means necessary or appropriate to gain access to the property for appraisal purposes, including but not limited to the retention of a locksmith. Expenses for gaining access to the property shall be taxed as costs."

CRITICAL

Applies to

Judgment entry confirming sale ordering deed and distribution of sale proceeds

The judgment entry confirming sale, ordering deed, and distributing proceeds must include transfer tax payable to the County Auditor from sale proceeds at the customary rate, in addition to court costs and other charges.

The Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds shall include payment of transfer tax to the Shelby County Auditor to be paid from sale proceeds at the customary rate per/thousand dollars of the sale price. This transfer tax payment shall be in addition to court costs and other charges.

CRITICAL

Applies to

Judgment entry confirming sale ordering deed and distribution of sale proceeds

The Clerk must adjust the amounts due in the sale-confirmation judgment entry to account for court costs, Sheriff’s expenses, real estate taxes, and utilities incurred through distribution.

Further, the Clerk shall adjust the amounts shown due on the Judgment Entry Confirming Sale, Ordering Deed and Distribution of Sale Proceeds to account for any and all court costs, Sheriff’s expenses, real estate taxes and utilities incurred up to the date of distribution.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion requesting a private selling officer must be accompanied by a proposed order.

A Motion and proposed Order must be e-filed requesting a private selling officer in lieu of public sheriff’s sale website.

CRITICAL

Applies to

Motion to appoint private selling officer

A motion to appoint a private selling officer must include the officer’s credentials affidavit.

The Motion to Appoint the Private Selling Officer shall include an affidavit of credentials of the private selling officer to be appointed.

CRITICAL

Applies to

Affidavit of publication

Counsel requesting a sale must arrange and pay for any required newspaper publication and file an affidavit of publication with the Clerk and Sheriff before the sale.

Counsel for the party requesting any sale shall prepare any newspaper publication required, cause the same to be published at the party’s expense, and file an Affidavit of Publication with the Clerk and Sheriff prior to sale.

CRITICAL

Applies to

Praecipe for execution

A praecipe for execution must specifically describe the property to be levied upon.

The Precipe for Execution must contain a specific description of the property to be levied upon.

CRITICAL

Applies to

Judgment entry confirmation of sale

Counsel must file a praecipe for writ of possession with the judgment entry confirming sale, or the Clerk will reject the judgment-entry filing.

At the time of the filing of the Judgment Entry/Confirmation of Sale, counsel for the party requesting the sale shall also prepare and file with the Clerk’s office a Praecipe for Writ of Possession. The Clerk of Court will reject the filing of the Judgment Entry/Confirmation of Sale if the Writ of Possession is not filed in conjunction with the Judgment Entry.

CRITICAL

Applies to

Criminal motion

Criminal motions other than motions made at trial must be written and include a memorandum citing the authorities relied upon.

All Motions made, other than those made at trial, shall be in writing and shall contain a written memorandum citing the authorities relied upon by the Movant.

CRITICAL

A motion to suppress must state its grounds with particularity; motions lacking specific grounds, including those relying solely on constitutional violations, will be stricken.

All Motions to suppress evidence shall state with particularity the grounds upon which the Movant relies. Motions which failed to state specific grounds for suppression, including Motions claiming solely the matter is in violation of the Constitution of Ohio and the United States, shall be stricken from the files.

CRITICAL

Applies to

Record sealing request

Requests to seal records under Section 2953.31 et seq. must include the applicant’s identifying information and specified former-conviction and law-enforcement identification details.

All requests for sealing of records filed pursuant to Section 2953.31 et seq. shall contain the following information concerning the applicant: a. Exact name, including any applicable former name(s); b. Date of birth; c. Social security number; d. Former conviction information including description of crime, applicable code section, date of conviction and sentence of court; e. Bureau Criminal Investigation number; f. Uniform crime reporting number; g. FBI number.

CRITICAL

Applies to

Request to record proceedings

Requests to record proceedings must be written, use the Appendix 1 form, be submitted through the bailiff, and be made no later than 24 hours before the session, subject to the stated waiver provision.

All requests to record proceedings shall be made in writing to the Judge; be on the appropriate from (Appendix 1) submitted through the bailiff; and as far in advance as is reasonably possible but in no event later than twenty-four hours prior to the courtroom session to be recorded.

CRITICAL

The Judge shall give preliminary instructions to all prospective jurors.

Give preliminary instructions to all prospective jurors;

CRITICAL

Following jury impanelment, the Judge shall instruct jurors on their role, trial procedures, evidence, issues, and relevant legal principles.

Give instructions directly following impanelment of the jury to explain the jury’s role, the trial procedures including note taking and questioning by jurors, the nature of evidence and its evaluation, the issues to be addressed, and the basic relevant legal principles;

CRITICAL

Before deliberations begin, the Judge shall instruct the jury on the law, deliberation procedures, and how to report its results.

Prior to the commencement of deliberations, instruct the jury on the law, on the appropriate procedures to be followed during deliberations, and on the appropriate method for reporting the results of its deliberations.

CRITICAL

The Judge shall prepare and deliver instructions readily understood by people unfamiliar with the legal system.

Prepare and deliver instructions which are readily understood by individuals unfamiliar with the legal system;

CRITICAL

Applies to

Jury service excuse request

A request for excuse based on a mental or physical condition must include physician documentation verifying the prospective juror is unfit for jury service.

The prospective juror, or the prospective juror’s personal representative, must provide the court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the prospective juror unfit for jury service for a period of up to twenty-four months.

CRITICAL

Applies to

CQE petition

A CQE petitioner must file the specified cover sheet, include the DRC Electronic Petition Number, and attach the completed Electronic Petition.

In order to request a CQE, the Petitioner shall file the Cover Sheet (Petition for Certificate of Qualification for Employment (RC 2953.25) [Form A]) 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 shall attach a copy of the fully completed Electronic Petition.

CRITICAL

Applies to

CQE petition submitted through the DRC

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

All Petitions submitted through the DRC (www.drccqe.com) shall include electronic access to the Department of Rehabilitation and Corrections CQE Summary (CQE Summary).

CRITICAL

Applies to

Proposed order

A proposed order or proposed entry must identify the specific motion to which it applies.

A proposed order or proposed entry shall be submitted in Word [.doc] format and reference the specific motion to which it applies.

CRITICAL

Applies to

E filed document

An e-filed document requiring an attorney’s or filing party’s signature must use the conformed signature format “/s/ [name].”

e-Filed documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/ [name].”

CRITICAL

Applies to

Complaint

Must include

caption

In civil cases, the caption of an original complaint or specified related complaints must state the plaintiffs’ and defendants’ addresses, using “unknown” when an address is unknown.

(i) Upon filing the original complaint or any counterclaim, cross claim, or third party complaint, in addition to the Instructions for Service required by Subsection (J)(1) of this Rule, the filer shall include the address of the plaintiff(s) and defendant(s) in the caption of the document. If the address of any plaintiff or defendant is unknown, the filer shall substitute “unknown” for the address in the caption.

CRITICAL

Applies to

Document with multiple signatories

Before e-filing a document with multiple required signatories, the filer must confirm its acceptability, indicate the agreement of other counsel or parties in the document, and identify the signatories when filing.

(i) confirm that the content of the document is acceptable to all persons required to sign the document; (ii) indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line; and (iii) e-File the document, indicating the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc.

CRITICAL

Applies to

Motion to seal

Must include

proposed order

A motion to file documents under seal and its proposed order must designate the requested access level.

The Motion and proposed Order shall designate the requested level of access.

WARNING

Applies to

Fax filing of signed document

A party faxing 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 document is in his/her possession or control.

WARNING

Applies to

Motion memorandum

If applicable, said Memorandum shall include citations supporting Movant's position.

If applicable, said Memorandum shall include citations supporting Movant's position.

WARNING

Applies to

Brief

If the Court requests it, counsel must file and exchange briefs addressing all legal questions, including evidentiary issues, before trial.

Preliminary to the trial of the cases assigned for trial, counsel upon request of the Court shall file a brief on all questions of law, including evidence involved in the proceeding, which briefs shall be exchanged by counsel.

WARNING

Applies to

Proposed findings conclusions

When findings and conclusions are requested under Rule 52, all parties must submit proposed findings of fact and conclusions of law.

When a request of Findings of Fact and Conclusions of Law is made pursuant to Rule 52 of the Civil Rules of Practice, the Court shall require any and all parties to submit their proposed Findings of Fact and Conclusions of Law.

WARNING

Applies to

Transcript

A filed transcript must include the reporting court reporter’s name, address, and telephone number.

Every transcript filed in this court shall bear the name, address and telephone number of the court reporter making the same.

WARNING

Applies to

Signed document

The filer must keep the signed document in their records and produce it upon the Court’s request.

a. The filer shall maintain the signed document in the filer’s records and have it available for production upon request of the Court.

WARNING

Applies to

Signed document

The signed document must be retained until the case is closed, the applicable appeal period or appeals have concluded, and opportunities for post-judgment relief are exhausted.

b. The signed document shall be maintained until the case is closed and the time for appeal has expired or the appeals have been heard or denied and all opportunities for post judgment relief are exhausted.

INFO

Applies to

Jury instructions

Such instructions should be made available to the jurors during deliberations;

Such instructions should be made available to the jurors during deliberations;

INFO

Applies to

E filed document

A conformed signature on an e-filed document is treated as a signature for applicable signature requirements under the cited rules and other law.

The conformed signature on an e-Filed document is deemed to constitute a signature on the document for the purposes of signature requirements imposed by the Ohio Rules of Superintendence, Rules of Civil Procedure, Rules of Criminal Procedure and any other law.

INFO

Applies to

Order

A Judge or judicial officer may digitally sign e-filed documents, and documents signed this way have the same force and effect as a paper document signed and journalized by the Judge.

c. Signature of Judge or Judicial Officer: e-Filed documents may be signed by a Judge or judicial officer via a digital signature. All orders, decrees, judgments and other documents signed in this manner shall have the same force and effect as if the Judge had affixed his or her signature to a paper copy of the order and journalized it.