Van Wert County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion

A motion seeking oral argument or testimony must include a request for assignment for hearing.

When oral argument or testimony is desired, the motion shall contain a request for assignment for hearing.

CRITICAL

Applies to

Arbitration award

The award must identify the prevailing and liable parties, state any monetary award, specify who pays costs and whether interest is awarded, and separately state any interest amount.

The award shall state clearly the name or names of the prevailing party or parties, the party or parties against whom it is rendered, and the sum of money awarded, if any. The award shall specify which party shall pay the costs of the action and whether interest is awarded. If interest is awarded, the award shall separately state that amount.

CRITICAL

Applies to

Post decree motion to show cause

A post-decree motion to show cause must be filed with an affidavit in support and an order to show cause containing notice.

H. Post-decree motions to show cause: - Motion - Affidavit in Support - Order to Show Cause Containing Notice

CRITICAL

Applies to

Entry

Entries must be approved by both counsel of record or the parties appearing pro se, unless the Court specifically waives approval.

All entries shall be approved by both counsel of record or parties appearing pro se, unless specifically waived by the Court.

CRITICAL

Applies to

Pleading

The referenced pleading will not be accepted unless accompanied by the DR 2 IV-D Application affidavit.

DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit.

CRITICAL

Applies to

Continuance motion

A continuance motion based on illness of a party, witness, or counsel must attach a doctor's letter stating the cause and nature of the illness and expected duration of incapacity.

In all motions for a continuance because of illness of a party, witness or counsel, a letter from a doctor stating the cause and nature of such illness and the expected duration of incapacity shall be attached to such motion.

CRITICAL

Applies to

Shared parenting plan

A Shared Parenting Plan will not be ordered until it has been on file for thirty days, unless a written waiver is submitted.

A Shared Parenting Plan will not be ordered until the plan has been on file for thirty (30) days unless a written waiver is submitted.

CRITICAL

Applies to

Continuance motion

The continuance motion must be endorsed by the represented litigants requesting it and their counsel, and accompanied by a Court-approved judgment entry proposing a date and time when all other counsel are available.

(3) the motion shall be endorsed by all litigants represented by counsel requesting the continuance as well as by counsel; (4) the motion shall be accompanied by a judgment entry reassigning the matter for a date and time when all other counsel are available and which is approved by the Court.

CRITICAL

Applies to

Complaint for divorce legal separation annulment with children or paternity

A complaint for divorce, legal separation, annulment with children, or paternity must include the listed affidavits and DR 2 IV-D Application, without which the Clerk’s Office will not accept the filing.

B. Complaint for Divorce/Legal Separation/Annulment with children (also includes Complaint for Paternity): - Complaint - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 2 — Affidavit of Property - Uniform Domestic Relations Form — Affidavit 3 — Parenting Proceeding Affidavit - Uniform Domestic Relations Form — Affidavit 4 — Health Insurance Affidavit - DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit.

CRITICAL

Applies to

Court entry

The assigned Judge must authorize fee payments by Court Entry using a Court-provided form.

Payment of fees shall be authorized by the Judge to whom the case is assigned by Court Entry on a form to be provided by the Court.

CRITICAL

Applies to

Final entry

In uncontested matters and dissolutions, counsel must provide the Court the final entry, required orders, and required supplemental documents at the final hearing.

In all uncontested matters and dissolutions, counsel shall provide the Court a final entry together with all required orders and required supplemental documents at the final hearing.

CRITICAL

Applies to

Random selection methods

Random selection methods must be documented.

Random selection procedures shall be used throughout the juror selection process. Any method may be used, manual or automated, that provides each Eligible and available person with an equal probability of selection. These methods shall be documented.

CRITICAL

Applies to

Pretrial materials

At pretrial, supporting evidence for special-damages claims must be available to the Court and other counsel, with copies for each.

At the pre-trial, the following shall be available to both the Court and other counsel with copies for each: 1. Supporting evidence for claims of special damages, including photographs, reports of physicians and any other proposed exhibits. 2. A list of names, identities and whereabouts of each witness expected to be called at trial, together with a brief statement of what counsel proposes to establish by the testimony of each witness. 3. A statement of the issues of law and citations to controlling authorities giving rise to any claims or defense expected to be raised at trial. 4. A request for a view of the scene if such request is to be made by the party.

CRITICAL

Applies to

Shared parenting plan

Shared Parenting Plans must include the parties’ waiver of the 30-day pre-filing requirement or be accompanied by a separate Waiver of Service of Summons filed at the hearing.

All Shared Parenting Plans shall include language whereby both parties waive the thirty (30) day pre-filing requirement before the Plan can be ordered by the Court, ORC Sec. 3109.04(G) or in the alternative shall file, at the time of the hearing a separate waiver, a Waiver of Service of Summons.

CRITICAL

Applies to

Civil protective order petition and related documents

Petitions for Civil Protective Orders and related documents and orders must comply with the cited Ohio statute and Supreme Court Rules.

All Petitions for Civil Protective Orders and all documents and orders incident thereto shall be filed in compliance with ORC Sec. 311.21 and the Rules of the Ohio Supreme Court.

CRITICAL

Applies to

Complaint for divorce legal separation or annulment without children

A divorce, legal separation, or annulment complaint without children must be filed with the Complaint and Uniform Domestic Relations Affidavits 1 and 2.

In original filings or post decree filings the following documents shall also be filed as set forth below: A. Complaint for Divorce/Legal Separation/Annulment without children: - Complaint - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 2 — Affidavit of Property

CRITICAL

Applies to

Newly available pretrial information

Counsel must promptly furnish opposing counsel and the Court with newly available information that should have been disclosed at pre-trial, before trial.

If after the date of the pre-trial, any information becomes available to counsel which would have been required to have been disclosed at pre-trial, such as information shall be promptly furnished to opposing counsel and the Court prior to trial.

CRITICAL

Applies to

Motion to withdraw counsel

Withdrawal with client consent and succeeding counsel may be allowed on written motion with a prepared judgment entry approved by the client, withdrawing counsel, and succeeding counsel.

The Court may permit counsel to withdraw upon written motion with written consent of the client-party and a prepared judgment entry showing approval by the client-party, the withdrawing counsel and the succeeding counsel. Notice shall be provided to all other parties consistent with the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Original document requiring non attorney signature

If an original document requires a non-attorney's signature, the filing party or clerk's office must scan and electronically file the original.

If an Original Document requires a signature of a non-attorney, the filing party or the clerk’s office must scan the original document and then electronically file it.

CRITICAL

Applies to

Motion for default judgment

A default-judgment motion must state whether the moving party was contacted by the defaulting party and, if so, describe the extent of that contact.

And in addition thereto, any motion for default judgment must recite that the moving party, either personally or through counsel, has not been contracted by the defaulting party, or if contact has been made, the extent of such contact.

CRITICAL

Applies to

Ex parte order motion

A motion requesting an ex parte order must include a comprehensive affidavit supporting each requested element of relief.

All motions requesting ex-parte orders shall be accompanied by a comprehensive affidavit of the party requesting such orders, supporting each element of relief that is requested.

CRITICAL

Applies to

Temporary and final child support order

Temporary and final child support orders must be entered separately and include the required statutory language and attachments, with a Child Support Worksheet attached as an exhibit.

A separate Entry shall be made for temporary and final child support orders which shall: A. incorporate all language currently required by the C.S.E.A, and B. all other language and attachments as required by ORC Sec. 3113 .21 through .2110 or subsequent enactment and, C. have a Child Support Worksheet attached as an Exhibit.

CRITICAL

Applies to

Stipulation

Stipulations and private agreements not made in open court must be written and signed by the parties to be recognized.

Stipulations and private agreements of counsel or parties concerning the progress or management of any matter touching the case, not made in open Court will not be recognized unless the same is reduced to writing and signed by parties thereto.

CRITICAL

Applies to

Temporary orders journal entries judgment entries

In cases involving minor children, Temporary Orders, Journal Entries, and Judgment Entries must be filed simultaneously with the specified child-support, health-insurance, and withholding documents.

All Temporary Orders, Journal Entries and Judgment Entries in all cases involving minor children shall have simultaneously filed therewith the following: A. A separate Order for Child Support, Form DR-5, including the appropriate withholding, deduction order or a bond order with a child support computation worksheet attached and B. A separate Order for Health Insurance, Form DR-6, and C. A Withholding Notice to Parties of a Support Order, ODHS Form 4047 and ODHS Form 4048.

CRITICAL

Applies to

Standing orders

All parties in original divorce and legal-separation actions must observe and adhere to the Court’s Standard Standing Orders (DR Form 14).

E. All parties to original divorce and legal separation actions in the Van Wert Common Pleas Court shall observe and adhere to the Court's Standard Standing Orders (DR Form 14).

CRITICAL

Applies to

Civil protective order forms

Attorneys, parties, and authorized domestic violence service agencies must file only forms that comply with the statute and are adopted by the Ohio Supreme Court.

It shall be the responsibility of the attorney, party or authorized domestic violence service agency to file only such forms as are in compliance with ORC Sec. 3113.31 and as adopted by the Ohio Supreme Court.

CRITICAL

Applies to

Parenting proceeding affidavit

In every original or post-decree parenting proceeding, the parties must file a duly sworn and notarized affidavit containing the information required by O.R.C. 3109.27.

In any parenting proceeding filed, original or post decree, the parties shall complete and file with the Clerk, an affidavit consistent with O.R.C. 3109.27 duly sworn and notarized setting forth the required information referenced therein.

CRITICAL

Applies to

Petition for dissolution without children

A petition for dissolution without children must be filed with the specified affidavits, waiver of service, and separation agreement.

C. Petition for Dissolution without children: - Petition - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 2 — Affidavit of Property - Waiver of Service of Summons - Separation Agreement

CRITICALCivil cases

Applies to

Notice of intent to relocate

A parent changing residence must file a notice of intent to relocate with the court that issued the parenting order.

Each parent must file a notice of intent to relocate any time they change their residence from that of the residence where they resided at the time of the last parenting order. Said notice must be filed with the Court that issued the parenting order.

CRITICAL

Applies to

Motion to withdraw counsel

The Court may permit counsel to withdraw upon written motion with written consent of the client-party and a prepared judgment entry showing approval by the client-party and the withdrawing counsel without the designation of the succeeding counsel only for good cause or when the interest of justice demands the withdrawal of counsel. Notice shall be provided to all other parties consistent with the Ohio Rules of Civil Procedure.

The Court may permit counsel to withdraw upon written motion with written consent of the client-party and a prepared judgment entry showing approval by the client-party and the withdrawing counsel without the designation of the succeeding counsel only for good cause or when the interest of justice demands the withdrawal of counsel. Notice shall be provided to all other parties consistent with the Ohio Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Notice of intent to relocate

A parent relocating from the residence identified in the last parenting order must file a notice with the court that issued the order.

Each parent must file a notice of intent to relocate any time they change their residence from that of the residence where they resided at the time of the last parenting order. Said notice must be filed with the Court that issued the parenting order.

CRITICAL

Applies to

Excuse and deferral requests and dispositions

Requests for jury-service excuses and deferrals, and their disposition, must be written or otherwise recorded.

Requests for excuses and deferrals and their disposition shall be written or otherwise made or recorded. See Exhibit A.

CRITICAL

Applies to

Parenting proceeding affidavit

In every original or post-decree parenting proceeding, the parties must file with the Clerk a sworn and notarized affidavit containing the information required by O.R.C. 3109.27.

In any parenting proceeding filed, original or post decree, the parties shall complete and file with the Clerk, an affidavit consistent with O.R.C. 3109.27 duly sworn and notarized setting forth the required information referenced therein.

CRITICAL

Applies to

Summons

The summons must have a copy of this rule attached.

The Clerk of this Court shall attach a copy of this rule to the summons so that both documents shall be served simultaneously and the Sheriff or other officer serving the summons shall note in the return the service of a copy of this rule together with a copy of the complaint.

CRITICAL

Applies to

Bankruptcy stay notice

If a bankruptcy proceeding stays a pending civil case, that party’s counsel must immediately file notice with a file-stamped copy of the petition or stay order attached.

If any party to any pending civil litigation files a proceeding in the U.S. Bankruptcy Court which results in a stay of this Court’s proceedings, counsel for such party shall immediately file with the Court a notice of same with an attached file stamped copy of either the petition or stay order.

CRITICALCivil cases

Applies to

Judgment entry

A Judgment Entry ordering parenting time under an Appendix A option must have Appendix A attached and incorporated.

Any time a Judgment Entry orders parenting time in accordance with one of the options in Appendix A, a copy of Appendix A shall be attached to and incorporated in the Judgment entry.

CRITICAL

Applies to

Entry

Entries must be approved by both counsel of record or the parties appearing pro se, unless the Court waives approval.

All entries shall be approved by both counsel of record or parties appearing pro se, unless specifically waived by the Court.

CRITICAL

Applies to

Long distance visitation election

When the specified move makes Local Visitation impractical, an election of Long Distance Visitation must be filed.

If either the residential or the non-residential parent moves out of the county to a situs that is more distant than their residence at the time of the filing of the most recent visitation order made by this Court, and Local Visitation is not practical then an election of Long Distance Visitation must be filed.

CRITICAL

Applies to

Post decree support modification motion

A post-decree motion to modify child or spousal support must include the listed motion and affidavits, including the DR 2 IV-D Application.

F. Post-decree motion requesting modification of child/spousal support: - Motion - Uniform Domestic Relations Form — Affidavit 1 — Affidavit of Income and Expenses - Uniform Domestic Relations Form — Affidavit 3 — Parenting Proceeding Affidavit - Uniform Domestic Relations Form — Affidavit 4 — Health Insurance Affidavit - DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit. - Affidavit in Support of Motion

CRITICAL

Applies to

Judgment entry

Judgment entries for final hearings or post-decree matters must state that both parties waive the right to object within fourteen days, or the parties must file a separate Form DR-10 waiver at the hearing.

All judgment entries incident to a final hearing or a determination of a post decree matter, will include language whereby both parties waive their right to file objections to the Magistrate’s report within fourteen days of the filing of the magistrates decision CR 53 (E) (3)(b) or in the alternative shall file, at the time of the hearing a separate waiver, Form DR-10.

CRITICAL

Applies to

Post decree motion to show cause

A post-decree motion to show cause must include a motion, an affidavit in support, and an order to show cause containing notice.

H. Post-decree motions to show cause: - Motion - Affidavit in Support - Order to Show Cause Containing Notice

CRITICAL

Applies to

Support or insurance pleading motion or response

The Clerk will not file covered support or insurance pleadings, motions, or responses unless the filer submits the specified affidavits and one of the two alternative Journal Entries.

A. The Clerk of Courts shall not file any pleadings or motions requesting child or spousal support payments, health insurance coverage for minor children or the filing of any response to the same unless the attorney or party, if unrepresented, filing the pleading, motion, or response completes and files the following with the Clerk: 1. Affidavit of Income and Expenses (see http://www.supremecourt.ohio.gov/JCS/CFC/DRForms/default.asp), and Form DR-2, IV-D Affidavit and either 2. A Journal Entry setting the matter for hearing on temporary orders or 3. A Journal Entry dispensing with hearing temporary orders.

CRITICAL

Applies to

Opposing counsel entry

If opposing counsel rejects an entry, opposing counsel must prepare an entry reflecting the objections and submit it to prevailing counsel and the Court together with the rejected entry.

If opposing counsel rejects the entry, he/she shall prepare an entry in accordance with his/her objections and submit it to prevailing counsel and the Court together with the rejected entry.

CRITICAL

Applies to

Electronically transmitted document

Documents transmitted without authority will be stricken.

Pursuant to Civ.R. 5(E)(1) and Crim.R. 12(B)(2), any documents transmitted without authority will be stricken.

CRITICAL

Applies to

Parenting agreement or plan

In uncontested cases, separation agreements, shared parenting plans, and other documents addressing residential parent designation and parental rights and responsibilities must be submitted for Court review before the final hearing.

Separation agreements, shared parenting plans or other documents that provide for the designation of residential parent and allocate parental rights and responsibilities shall be submitted to the Court for review in all uncontested cases prior to the final hearing.

CRITICAL

Applies to

Written transcript request

An attorney of record requesting an appellate transcript must submit a written request to the responsible Court Reporter, identify it as complete or partial, and specify the portions requested if partial.

Any attorney-of-record who desires a written transcript of proceedings for appellate purposes shall file his or her request in writing with the Court Reporter responsible for said preparation. b. Said request shall state whether it shall be a complete transcript or a partial transcript. If a partial transcript, the request shall specifically describe which part of the proceeding are to be included.

CRITICAL

Applies to

Petition to register foreign orders

A petition to register foreign orders must be filed with a complaint and two authenticated copies of the foreign judgment.

E. Petition to Register Foreign Orders: - Complaint - Two authenticated copies of the foreign judgment

CRITICAL

Applies to

Opposing entry

Opposing counsel who rejects an entry must prepare an entry consistent with the objections and submit it with the rejected entry.

If opposing counsel rejects the entry, he/she shall prepare an entry in accordance with his/her objections and submit it to prevailing counsel and the Court together with the rejected entry.

CRITICAL

Applies to

Parental rights documents

In uncontested cases, separation agreements, shared parenting plans, and other documents assigning residential-parent status and parental rights and responsibilities must be submitted for court review before the final hearing.

Separation agreements, shared parenting plans or other documents that provide for the designation of residential parent and allocate parental rights and responsibilities shall be submitted to the Court for review in all uncontested cases prior to the final hearing.

CRITICAL

Applies to

Electronically filed document

Every electronically filed document must be signed by an Ohio-admitted attorney or by an unrepresented party.

All electronically-filed documents must be signed by an attorney admitted to practice in the State of Ohio or by a party not represented by an attorney.