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

Applies to

Praecipe for transcript

The praecipe must be filed with the Clerk.

Said praecipe shall be filed with the Clerk.

Applies to

Preliminary judicial report or title commitment

The plaintiff's attorney must file a Preliminary Judicial Report or authorized Title Commitment with the Clerk when filing the complaint.

In actions for the marshaling and foreclosure of liens on real property or partition of real estate, a Preliminary Judicial Report or a Title Commitment as authorized by R.C. 2329.191(C) shall be filed with the Clerk by the attorney for the plaintiff at the time of the filing of the complaint.

Applies to

Certificate of readiness

The attorney must file and sign a Certificate of Readiness with required supporting documentation demonstrating that the plaintiff is the real party in interest and the case is ready against all necessary parties.

Along with the filing of the Preliminary Judicial Report or a Title Commitment, the attorney shall file a Certificate of Readiness and any required supporting documentation, demonstrating that plaintiff is the real party in interest and the matter is ready to proceed against all necessary parties. This shall be signed by the attorney.

Applies to

Foreclosure case filing

The complaint, Preliminary Judicial Report or Title Commitment, and Certificate of Readiness must be filed as separate documents simultaneously, with separate time stamps and the complaint filed first.

The complaint, the Preliminary Judicial Report and the Certificate of Readiness shall be filed as separate documents at the same time and shall be separately time-stamped with the complaint being filed first.

Applies to

Final judicial report

The Final Judicial Report must contain the correct legal description, parcel number, and routing number taken from the deed approved by the County Fiscal Officer's Property Deed Transfer Division.

The Final Judicial Report must include the correct legal description, parcel, and routing numbers for such property taken from the property deed as approved and released by the County Fiscal Officer's Property Deed Transfer Division.

Applies to

Property description approval form

Three copies of the Property Description Approval Form and approved legal description must be filed and time-stamped with the Clerk and attached to the Final Judgment Entry.

Three (3) copies of the Property Description Approval form and the approved legal description shall be filed and time-stamped with the Clerk of Courts and shall be attached to the filing of the Final Judgment Entry in the foreclosure case.

Applies to

Final judicial report

A Final Judicial Report must be issued and filed before the foreclosure or partition decree and state the method of service and whether additional liens or mortgages were filed after the Preliminary Judicial Report.

A Final Judicial Report shall be issued and filed with the Clerk of Courts before the Decree of Foreclosure or Decree of Partition is filed. Said report shall state the method of service on each of the parties and shall include a statement indicating whether any additional liens or mortgages have been filed since the date the Preliminary Judicial Report was issued.

Applies to

Sheriffs sale notice

The written sheriff's-sale notice must include a photocopy of the sale advertisement and all information required by R.C. 2329.26.

Written notice shall include a photocopy of the advertisement of Sheriff's Sale and all information required by R.C. 2329.26.

Applies to

Repair estimate notice

When repairs were made, the notice must include a receipt or bill showing the completed repair items and the amounts paid for labor and materials.

If repairs were made, such notice shall include a copy of the receipt or bill showing the items of repair made and the amount paid for labor and materials.

Applies to

Arbitration oath

The assembled arbitration panel must be sworn or affirmed in the litigants' presence using the stated oath.

When the arbitration panel has been assembled, they shall be sworn or affirmed in the presence of the litigants as follows:

Applies to

Report and award

All arbitration-board members must sign the report and award, and a dissenting member must write “dissents” before signing.

The report and award shall be signed by all of the members of the Board. In the event all three members do not agree on the finding and award, the dissenting member shall write the word “dissents” before his or her signature.

Applies to

Notice of appeal

An arbitration notice of appeal must be filed with the Clerk and served on the adverse parties and assigned judge with a no-delay affidavit.

Files a notice of appeal with the Clerk and serves a copy on the adverse party or parties and assigned judge accompanied by an affidavit that the appeal is not being taken for delay.

Applies to

Attorney filing

Every attorney’s filed document must include the Ohio Supreme Court registration number, office address, telephone number, email address, and fax number.

All attorneys shall include their attorney registration number issued by the Supreme Court of Ohio, office address, phone number, email address and fax number on all documents filed with the Court.

Applies to

Deposition transcript

An audio or video deposition transcript may be used at trial or hearing only after the attorney of record electronically files the written transcript.

The Court will not accept or permit the audio/video version of a deposition transcript to be presented during trial or hearing unless a written transcript of the deposition has been filed by the attorney of record through the Clerk’s electronic filing system.

Applies to

Document requiring original signature

Documents requiring an original signature must be e-filed as PDFs, and the filer must retain the signed document for court production.

Documents requiring an original signature, such as an affidavit or other notarized documents shall be eFiled as a .pdf. The filer shall maintain the signed document in the filer’s records and have it available for production upon request of the Court.

Applies to

Complaint

Must include

caption

The caption of an original complaint, counterclaim, crossclaim, or third-party complaint must include plaintiff and defendant addresses, using “unknown” when unavailable.

Upon filing the original complaint or any counterclaim, crossclaim, or third party complaint, in addition to the Instructions for Service required by 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.

Applies to

Criminal filing

Every criminal-case filing must include one original and two copies.

All filings in criminal cases shall include an original and two (2) copies.

Applies to

Motion

Every motion must include a brief stating its grounds and citing supporting authorities.

Every motion filed shall be accompanied by a brief stating the grounds upon which it is based, and a citation of authorities relied upon to support the motion.

Applies to

CQE petition

A petitioner filing an ODRC-reviewed CQE petition must establish Summit County legal residency by a valid Ohio driver's license, state identification card, or current utility bill.

The clerk shall only accept for filing ODRC-reviewed petitions from persons who provide satisfactory proof of the clerk that their legal residence is in Summit County, Ohio. Proof of residence shall be deemed established by valid Ohio Drivers License, State Identification card, or a current utility bill.

Applies to

Judgment entry

When a CQE petition is approved, the assigned judge must file a judgment entry stating that the petition is granted and stating the grounds for approval.

Upon determining that a petition for CQE should be approved pursuant to R.C. 2953.25(C)(3), the assigned judge shall file a judgment entry stating that such petition is being granted and stating the grounds for that determination.

Applies to

Judgment entry

When a CQE petition is denied, the assigned judge must file a judgment entry stating the grounds, including notice that it is a final appealable order, and enter the decision under Civil Rule 58(B).

In the event a petition for CQE is denied, the assigned judge shall file a judgment entry of denial containing the grounds for that determination. Such judgment entry shall contain notice that the judgment entry is a final appealable order, and record of the decision shall be entered pursuant to Civil Rile 58(B).

Applies to

Deposition documents

Examining counsel must provide the deponent’s counsel with copies of every document shown to the deponent during the deposition.

(7) Documents. Examining counsel shall provide counsel for the deponent with the copies of all documents shown to the deponent during the deposition.

Applies to

Mediation agreement

A mediation agreement reached during the conference must be written, signed, and dated, with each party retaining an original or copy.

Upon reaching agreement during the mediation conference, the parties and their counsel shall reduce the agreement to writing, sign and date the same and each retain the original or a copy.

Applies to

Mediation report

After a mediation conference, the Mediation Office must provide the assigned judge a written report within ten days stating the outcome or status of settlement efforts.

In all cases where a mediation conference has been conducted the Mediation Office will, within ten (10) days, report to the assigned judge in writing whether a full or partial agreement was reached; whether efforts to settle the case have ceased or are continuing; or that mediation did not produce a final resolution.

Applies to

Mediation case summary

Each party must prepare a case summary using the Mediation Office form and submit it to that office four business days before the mediation conference.

Prior to the mediation conference, the parties will prepare case summaries on a form provided by the Mediation Office and submit these to the Mediation Office four (4) business days prior to the conference.

Applies to

Notice of assignment

Must include

judge name

The Notice of Assignment must include the name of the assigned trial judge.

(A) At the time of assignment of the case under Local Rule 21.03, the Criminal Assignment Administrator shall cause the Notice of Assignment to be served upon the defendant. Said notice shall contain the name of the assigned Trial Judge.

Applies to

Receiver sale report

Before selling receivership property appraised above $1,000, the receiver must file a report showing expenditures incurred or to be incurred.

In all receiverships in which property appraised in excess of One Thousand Dollars ($1,000.00) 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 amount of expenditures incurred or to be incurred, prior to the time the sale is to be conducted.

Applies to

Receiver fee application

A receiver's fee application must state enumerated time, collected and disbursed funds, creditor claim status, prior authorized fees and dates, and an estimate of time needed to complete the receivership and final distribution.

Such application shall show time spent on enumerated items; amounts of money collected, disbursed, and on hand; 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 the work in the receivership and to make final distribution.