Stark County Court of Common Pleas, General Division Document Filing Requirements
66 rules from official source documents
Required elements, certificates, and structural requirements for court documents. This page is scoped to Stark County Court of Common Pleas, General Division; use the court rules overview to switch categories without leaving this court.
- Applies to
- Complaint
- Must include
- caption
Every complaint caption must state each party’s name and address when known.
The caption in every Complaint shall state the name and address, if known, of each party.
- Applies to
- Subsequent pleading or motion
- Must include
- caption, judge name, case number
Subsequent pleadings and motions must include the case number, assigned judge’s name, and the first plaintiff and defendant on each side.
Subsequent pleadings and motions shall state the number of the case, the name of the Judge to whom the case is assigned, the name of the first Party Plaintiff and the first Party Defendant on each side.
- Applies to
- Amended pleading or motion
An original pleading or motion, and any prior amendment, may not be withdrawn from the court files without leave of court.
Upon the filing of an amended pleading or motion, the original or any prior amendment thereof, shall not be withdrawn from the files except upon leave of Court.
- Applies to
- Deposition transcript
- Must include
- local rule certificate
The clerk will not accept a deposition transcript without counsel’s certificate stating that it is filed under court order, for evidentiary use, or for motion consideration.
The Clerk of Court shall not accept for filing the transcript of a deposition unless it is accompanied by a certificate of compliance by counsel that the deposition is being filed on order of the Court or for use as evidence or for consideration of a motion to a proceeding.
- Applies to
- Discovery document
- Must include
- local rule certificate
The same filing condition and compliance-certificate procedure applies to discovery documents.
The same procedure shall be followed for discovery documents.
- Applies to
- Deposition objections
Objections must include the entire interrogatory immediately before the discussion and citation of authority to which the objection relates.
Objections shall include, immediately preceding the discussions and citation of authority, the interrogatory in full to which objection is made.
- Applies to
- Deposition
Every filed deposition must include either an index of objections or a separate objection transcript.
Every deposition filed must contain either an index of objections or a separate objection transcript.
- Applies to
- Deposition
The clerk will not accept a deposition unless counsel certifies that it complies with the applicable local rules.
The Clerk shall not accept for filing any deposition unless it is accompanied by a certification from counsel that it is being filed in compliance with this rule and Local Rule Gen R 9.05.
- Applies to
- Fax cover page
- Must include
- page count
A fax filing must include a cover page with the court, case, document, transmission, page-count, assignment, and filer information specified by the rule.
The person filing a document by fax shall also provide therewith a cover page containing the following information: [See Appendix A for sample cover page form.] 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 (e.g. Defendant Jones' Answer to Amended Complaint; Plaintiff Smith's Response to Defendants' Motion to Dismiss; Plaintiff Smith's Notice Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' 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.
- Applies to
- Missing exhibit
- Must include
- caption, judge name, case number
A missing exhibit must have a case caption cover sheet identifying the court, case title, case number, judge, and exhibit title, and the exhibit must be signed and served under the court's pleading rules.
Any missing exhibits filed under section VII. A of this rule 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 (e.g., Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' Motion to Dismiss) and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.
- Applies to
- Motion
A moving party must serve and file a brief statement of supporting reasons and an authorities citation list with the motion, plus specified evidentiary materials when facts outside the record must be considered.
The moving party shall serve and file with the party's motion a brief written statement of reasons in support of the motion and a list of citations of the authorities on which the party relies. If the motion requires the consideration of facts not appearing of record, the party shall also serve and file copies of all affidavits, depositions, photographs or documentary evidence the moving party desires to present in support of the motion.
- Applies to
- Opposition
Within 14 days after service, an opposing party must serve and file a brief statement of opposition and a citation list, with supporting evidentiary materials when facts outside the record must be considered.
Within fourteen (14) days after service, each party opposing the motion shall serve and file a brief written statement of reasons in opposition to the motion and a list of citations of the authorities on which the party relies. If the motion requires the consideration of facts not appearing of record, the party shall also serve and file copies of all affidavits, depositions, photographs or documentation evidence which the party desires to submit in opposition to the motion.
- Applies to
- Arraignment entry
An arraignment entry, including the arraignment details and defense counsel's name, must be filed with the Clerk upon the defendant's arraignment.
Upon arraignment of a defendant, an entry shall be filed with the Clerk reflecting the arraignment and the details thereof including the name of the defendant's counsel.
- Applies to
- Receiver initial report
Within two months of appointment, the receiver must submit a report, inventory, appraisement, and receipts-and-expenditures account to the Court.
(B) Within two (2) months after the appointment, the receiver shall report to the Court, submitting the inventory and appraisement, and including an account of receipts and expenditures to date.
- Applies to
- Receiver semiannual report
The receiver must file consecutively numbered semiannual reports with accounts, receipts and expenditures, and a plan for future receivership operations.
(C) Semiannually after filing the first report with inventory, appraisement and account, the receiver shall file 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.
- Applies to
- Receiver pre sale report
Before selling receivership property appraised above $1,000, the receiver must file a report showing prior and anticipated expenditures.
(E) In all receiverships in which property appraised in excess of One Thousand Dollars ($1,000) is to be put up for public or private sale, the receiver shall file in advance of such sale a report with the Court showing the amount of expenditures incurred or to be incurred prior to the time the sale is to be conducted.
- Applies to
- Receiver fee application
A partial or final fee application for the receiver or the receiver's counsel must be filed with the Clerk for Court approval.
(F) An application for payment of receiver's and counsel for receiver's fee (partial or final) shall be filed with the Clerk for approval by the Court.
- Applies to
- Receiver fee application
A receiver fee application must state enumerated time and financial information, creditor-claim status, prior authorized fees, and an estimate of time needed to complete the receivership and final distribution.
Such applications shall show time spent on enumerated items, amounts of money collected, dispersed and on hand, the status of secured and unsecured creditors' claims, including amounts claimed, payments made thereon and balances due, the amounts and dates of prior fees authorized in the case and an estimate of the amount of time necessary to complete work in the receivership and make final distribution.
- Applies to
- Evidence of record title
In quiet-title, partition, lien-marshaling, and foreclosure actions not involving registered lands, the plaintiff must procure and file specified evidence of record title within 30 days after filing the complaint.
In actions to quiet title, partition and for the marshaling and foreclosure of liens on real property, except those involving registered lands, the plaintiff shall procure and file with the Clerk, within thirty (30) days after the filing of the complaint, evidence of the record title to the property in question including but not limited to the names of the owners of the property, the record volume and page numbers of the next preceding recorded instrument by or through which the owners claim title, and the names of all lien holders of record, and any other parties claiming an interest in the real property.
- Applies to
- Preliminary judicial report
The title opinion or judicial report must be dated as of service on the last titleholder and include all title-affecting matters through that date.
Such opinion or report shall be rendered as of the last date upon which all titleholders have been served the complaint and shall include all matters affecting the title up to and including the last date upon which all titleholders have been served the complaint.
- Applies to
- Civil stalking protection order petition
A civil stalking protection-order action requires a fully completed, typed or legibly printed petition that includes Form 10-A and the Protection Order Notice to NCIC with identifying information.
An action for a Civil Stalking Protection Order pursuant to R.C. 2903.214 shall be commenced by the filing of a fully completed petition, typed or legibly printed. A petition for a Civil Stalking Protection Order is not fully complete unless it includes a Form 10-A. Protection Order Notice to NCIC (National Crime Information Center) with all identifying information included therein.
- Applies to
- Cqe cover sheet
A Stark County resident must print the completed CQE petition, file the CQE cover sheet with the clerk, include the DRC electronic petition number, and attach the completed electronic petition.
After notification from DRC of a determination that the Petition is complete, the Petitioner is to print the Petition and file the Cover Sheet (Petition for Certificate of Qualification for Employment Ohio Revised Code 2953.25) with the Clerk of Courts for the Stark County Court of Common Pleas if the Petitioner is a resident of Stark County. The Petitioner shall include the DRC Electronic Petition Number on the Cover Sheet, and shall attach a copy of the fully completed Electronic Petition.
- Applies to
- Proposed stipulated protective order
When the parties anticipate a need for a Stipulated Protective Order, they should submit a proposed order within 30 days after the Court's Case Management Order.
If so, a proposed Stipulated Protection Order should be submitted within 30 days of the Court’s Case Management Order.
- Applies to
- Proposed jury instructions
Counsel must submit proposed OJI instructions, proposed language and legal citations for non-OJI instructions, and interrogatories one week before trial.
Counsel are to submit a list of proposed OJI instructions, proposed language for any non-OJI instructions (with appropriate legal citations), and interrogatories one week before trial.
- Applies to
- Deposition objections log
One week before trial, counsel must file an objections log for each deposition used at trial, identify the testimony and objection basis, and file the corresponding transcripts; failure results in waiver.
One week before trial, counsel must file objections logs to any depositions that will be used at trial. The objections log should include a reference to the portion of the testimony at issue, as well as a brief description of the basis for the objection, and any other information needed for the Court to rule on the objection. Counsel must also file the transcripts at issue. Failure to file such will result in waiver of same.
- Applies to
- Deposition transcript
Counsel must file the deposition transcripts at issue; failure may waive the objections and may exclude video depositions from trial.
Counsel must also file the transcripts at issue. Failure to file such will result in waiver of same. The failure to timely file transcripts of video depositions, along with objections logs as required by the order, may result in the exclusion of such deposition from trial.
- Applies to
- Expert notice
Experts must be identified by filing a notice with the court.
Experts are to be identified by filing a Notice with the Court.
- Applies to
- Exhibits
Counsel must exchange copies of all exhibits and exhibit indexes no later than two working days before trial.
Counsel shall exchange copies of all exhibits and exhibit indexes no later than TWO (2) working days before the scheduled trial date.
- Applies to
- Trial brief
Trial briefs must include a statement of facts, controlling-law discussion, proposed-witness list and testimony descriptions, a proposed-exhibit index with descriptions, and anticipated evidentiary-issue discussion.
Trial briefs shall include the following: a) a statement of facts; b) a discussion of the controlling law; c) a list of proposed witnesses, along with a brief description of the subject matter of the testimony of each witness; d) an index of all proposed exhibits containing a brief description of each exhibits; and e) a discussion of any evidentiary issues likely to arise at trial.
- Applies to
- Stipulated protective order
- Must include
- proposed order
When the parties anticipate needing a stipulated protective order, they should submit a proposed order within 30 days after the court’s Case Management Order.
If so, a proposed Stipulated Protection Order should be submitted within 30 days of the Court’s Case Management Order.
- Applies to
- Media coverage request
Unless the Court orders otherwise, media must request permission in writing using the Court’s Media Coverage Request form, and the request must be filed and made part of the record.
Unless otherwise ordered by this Court, any media wishing to broadcast in any manner, televise, record, or photograph any proceeding shall request permission from the Court in writing. Media personnel shall use the “Media Coverage Request” form that can be obtained from the Court and may be found on the Court’s website at https://www.starkcountyohio.gov/government/legal___judicial/court_of_common_pleas/resources/common_pleas_news.php. Such writing requests shall be filed and made part of the record.
- Applies to
- Media coverage request
Media must submit a new Media Coverage Request form for approval for each proceeding it seeks to cover; one form cannot cover multiple proceedings.
A new “Media Coverage Request” form shall be completed and submitted to the Court for approval for each proceeding which media wishes to broadcast, televise, record, or photograph. The completion and submission of one form is insufficient to cover all proceedings.
- Applies to
- Request to view items admitted into evidence
- Must include
- certificate of service
A written request to view admitted evidence must be filed with the Stark County Clerk of Court and include an affixed certificate of service.
Any media personnel who wishes to view items admitted into evidence shall apply, in writing, to the Court. Such writing shall be filed with the Stark County Clerk of Court, with a certificate of service affixed to the request.
- Applies to
- Motion objection
- Must include
- certificate of service
A written media objection must include an attached certificate of service confirming that copies were sent to all interested parties.
A certificate ===== PAGE 18 ===== of services shall be attached to the motion/objection and same shall state that copies of the motion/objection have been sent to all interested parties, including but not limited to all counsel of record and any other potentially affected party (e.g, law enforcement personnel, other media personnel, Stark County Government Officials, City of Canton Officials).
- Applies to
- Final pretrial
Attorneys must have a representative with complete settlement authority present in person at the final pretrial unless the court excuses the requirement.
ALL ATTORNEYS SHALL HAVE THEIR CLIENTS, AGENTS, OR REPRESENTATIVES WITH COMPLETE SETTLEMENT AUTHORITY PRESENT IN PERSON AT THE FINAL PRETRIAL UNLESS SPECIFICALLY EXCUSED BY THE COURT.
- Applies to
- Notice of expert report exchange
After providing expert reports to opposing counsel, the parties must file notice of that exchange with the court.
The parties are also directed to file a notice with the court indicating that the report has been provided to opposing counsel.
- Applies to
- Trial documents
Video-deposition transcripts, objection logs, motions in limine, proposed jury instructions, and jury interrogatories must be filed on the final pretrial date unless leave is granted.
Transcripts of video depositions to be used at trial, along with objection logs stating the reasons for each objection and citations of any relevant authority, motions in limine, proposed jury instructions, and jury interrogatories shall be filed on the day of the Final Pretrial, unless leave is granted otherwise.
- Applies to
- Trial documents
Failing to file the referenced item results in waiver of it.
Failure to file such will result in waiver of same.
- Applies to
- Stipulations
Any agreed stipulations must be submitted in writing to the court no later than the final pretrial date.
Any such stipulations shall be submitted in writing to the Court no later than the date of the Final Pretrial.
- Applies to
- Stipulation disagreement statement
If the parties cannot agree on stipulations, counsel must submit a written statement of that fact no later than three days before the final pretrial.
In the event that parties cannot agree to stipulations, no later than THREE (3) days prior to the date of the Final Pretrial, counsel shall submit a written statement setting forth that they have conferred, and they cannot agree on any stipulations.
- Applies to
- Exhibits and exhibit index
One copy of all proposed trial exhibits and an exhibit index with brief descriptions must be furnished to the court no later than two working days before trial.
ONE (1) copy of all exhibits proposed to be introduced at trial, along with an index of the exhibits containing a brief description of such exhibit, shall be furnished to the Court no later than TWO (2) working days before the scheduled trial date.
- Applies to
- Trial exhibits
One copy of all proposed trial exhibits and an indexed brief description of each exhibit must be furnished to the court at least two working days before trial.
One (1) copy of all exhibits proposed to be introduced at trial, along with an index of the exhibits containing a brief description of each exhibit, shall be furnished to the Court no later than two (2) working days before the scheduled trial date.
- Applies to
- Proposed jury instructions
In jury cases, proposed jury instructions, interrogatories, and verdict forms must be submitted to Magistrate Babik by email in Microsoft Word format at least one week before trial, and proposed instructions must include a supporting OJI or case citation and be exchanged by counsel.
(20) In all jury cases, any proposed jury instructions, interrogatories, and verdict forms shall be submitted to the Court at least one (1) week before the scheduled trial via e-mail to Magistrate Stephan Babik at spbabik@starkcountyohio.gov in Microsoft Word format. Proposed jury instructions filed outside the foregoing time limit will not be accepted by this Court absent a showing that unexpected testimony and/or issues necessitated a later filing. Counsel are required to exchange copies of the proposed jury instructions. All proposed instructions shall include a supporting OJI or case citation.
- Applies to
- Deposition submission
A deposition submitted for a court ruling must be provided one week before trial, reference the objections and reasons for them, and flag each objection for easy location.
(22) Any deposition to be ruled on by the Court shall be submitted to the Court one (1) week prior to the scheduled trial date and shall include reference to objections and the reason therefore. Each objection shall be flagged for easy location by the Court.
- Applies to
- Deposition
Failure to comply with the deposition-filing rule may result in waiver of all objections.
Failure to comply with this rule may result in the waiver of any and all objections.
- Applies to
- Standing process server application
A standing-process-server application must be supported by an affidavit containing the listed applicant information.
A person may apply to be designated as a “standing process server” for cases filed in this court by filing an application supported by an affidavit setting forth the following information:
- Applies to
- Standing process server order
The standing-process-server applicant must submit an order with the specified caption and appointment language.
The applicant requesting designation shall also submit an order captioned “In re: the appointment of (name of applicant) as standing process server” and stating as follows:
- Applies to
- Fax filing source document
Although the source document need not be filed, the fax filer must retain the signed source document and fax cover sheet and produce them when the court requests them.
The person making a fax filing need not file any source document with the Clerk of Courts but must, however, 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 ===== PAGE 20 ===== the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing.
- Applies to
- Facsimile filing cover page
- Must include
- judge name, page count, case number
A facsimile filing cover page must identify the court and fax number, sending party, case and document, judge, fax transmission date, and total number of pages including the cover page.
FACSIMILE FILING COVER PAGE RECIPIENT INFORMATION: NAME OF COURT: FAX NUMBER: SENDING PARTY INFORMATION: NAME: SUPREME COURT REGISTRATION NUMBER.(if applicable): OFFICE/FIRM: ADDRESS: TELEPHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS (if available): CASE INFORMATION: TITLE OF THE CASE: CASE NUMBER: TITLE OF THE DOCUMENT: JUDGE: FILING INFORMATION: DATE OF FAX TRANSMISSION: NUMBER OF PAGES (including this page):
- Applies to
- Notice of filing exhibit
An exhibit that could not be accurately transmitted by fax must be timely filed as a separate document under Local Rule 9.09.
Plaintiff Smith, through counsel, hereby files Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss. The referenced pleading was filed by facsimile transmission with the Court on [date]. Exhibit “G” could not be accurately transmitted by fax and is therefore being timely filed as a separate document with the Court pursuant to Local Rule 9.09.
- Applies to
- Mediation statement
At least five days before mediation or arbitration, each party must submit a mediation statement to the mediator and opposing parties identifying the legal and factual issues, damages, discovery status, and settlement positions; the statement is not filed in the case.
Each party shall submit to the Mediator and opposing parties a mediation statement setting forth the legal and factual issues in the case, the damages, the status of discovery, and settlement positions. This statement will not be filed in the case.
- Applies to
- Written objection to mediation referral or mediator
A party opposing a mediation referral or appointed mediator must file a written objection with the court within seven days after receiving notice and explain the opposition.
A party opposed to either the referral or the appointed mediator must file a written objection with the court within seven days of receiving notice of the referral or provider and explain the reasons for any opposition.
- Applies to
- Cqe petition
Every CQE petition submitted through the DRC must include electronic access to the DRC CQE Summary.
All Petitions submitted through the DRC shall include electronic access to the Department of Rehabilitation and Correction CQE Summary (CQE Summary).
- Applies to
- Trial brief or motion in limine
Trial briefs and motions in limine should be submitted two weeks before trial, with courtesy copies emailed to the assigned magistrate.
Trial briefs and motions in limine should be submitted two weeks before trial, with courtesy copies e-mailed to the magistrate assigned to the case.
- Applies to
- Proposed stipulated protective order
If a stipulated protective order is anticipated, the parties should submit a proposed order within 30 days after the Court's Case Management Order.
If so, a proposed Stipulated Protection Order should be submitted within 30 days of the Court’s Case Management Order.
- Applies to
- Trial brief
Each trial brief must include a discussion of the controlling law.
b) a discussion of the controlling law;
- Applies to
- Video deposition transcript and objection log
Failure to timely file video-deposition transcripts and objection logs may result in exclusion of the deposition at trial.
The failure to timely file transcripts of video depositions, along with objections logs as required by the order, may result in the exclusion of such deposition from trial.
- Applies to
- Trial brief
Each trial brief must include a statement of facts.
a) a statement of facts;
- Applies to
- Trial brief
Each trial brief must list the proposed witnesses and briefly describe the subject matter of each witness's testimony.
c) a list of proposed witnesses, along with a brief description of the subject matter of the testimony of each witness;
- Applies to
- Trial brief
Each trial brief must include an index of all proposed exhibits with a brief description of each exhibit.
d) an index of all proposed exhibits containing a brief description of each exhibits; and
- Applies to
- Trial brief
Each trial brief must discuss evidentiary issues likely to arise at trial.
e) a discussion of any evidentiary issues likely to arise at trial.
- Applies to
- Stipulated protective order
- Must include
- proposed order
When a stipulated protective order is anticipated, the parties should submit a proposed order within 30 days after the Court’s Case Management Order.
If so, a proposed Stipulated Protection Order should be submitted within 30 days of the Court’s Case Management Order.
- Applies to
- Statement of the case
In jury cases, counsel must confer and agree on a short statement of the case and submit it to the court at least two working days before trial.
(21) In all jury cases, counsel shall confer and agree upon a short statement of the case to be read by the court to the jury during jury selection. Said agreed upon statement shall be submitted to the Court at least two (2) working days before the scheduled trial.
- Applies to
- Expert notice
Experts must be identified by notice filed with the court, together with the expert’s report when required.
(24) All experts are to be identified by notice filed with the Court along with the expert’s report, if required.
- Applies to
- Stipulated protective order
When the parties anticipate needing a Stipulated Protective Order, a proposed order should be submitted within 30 days of the Court’s Case Management Order.
If so, a proposed Stipulated Protection Order should be submitted within 30 days of the Court’s Case Management Order.
- Applies to
- Trial brief
Counsel are encouraged, but not required, to file trial briefs at least one week before trial, and such briefs should address facts, controlling law, proposed witnesses, proposed exhibits, and likely evidentiary issues.
(23) Counsel are encouraged to file trial briefs at least one (1) week before the scheduled trial date. Trial briefs should include: (a) a statement of facts; (b) a discussion of the controlling law; (c) a list of proposed witnesses along with a brief description of the subject matter of the testimony of each witness; (d) an index of all proposed exhibits containing a brief description of each exhibit; and (e) a discussion of any evidentiary issues likely to arise at trial.
What must be included with proposed stipulated protective order filings in Stark County Court of Common Pleas, General Division?
The rule identifies required filing content or certificates. When the parties anticipate a need for a Stipulated Protective Order, they should submit a proposed order within 30 days after the Court's Case Management Order.
What must be included with exhibits filings in Stark County Court of Common Pleas, General Division?
The rule requires exhibit list. Counsel must exchange copies of all exhibits and exhibit indexes no later than two working days before trial.
What must be included with trial brief filings in Stark County Court of Common Pleas, General Division?
The rule requires exhibit list, legal argument, and statement of facts. Trial briefs must include a statement of facts, controlling-law discussion, proposed-witness list and testimony descriptions, a proposed-exhibit index with descriptions, and anticipated evidentiary-issue discussion.
What must be included with media coverage request filings in Stark County Court of Common Pleas, General Division?
The rule identifies required filing content or certificates. Unless the Court orders otherwise, media must request permission in writing using the Court’s Media Coverage Request form, and the request must be filed and made part of the record.
What must be included with request to view items admitted into evidence filings in Stark County Court of Common Pleas, General Division?
The rule requires certificate of service. A written request to view admitted evidence must be filed with the Stark County Clerk of Court and include an affixed certificate of service.
What must be included with motion objection filings in Stark County Court of Common Pleas, General Division?
The rule requires certificate of service. A written media objection must include an attached certificate of service confirming that copies were sent to all interested parties.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.