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

CRITICAL

Applies to

Itemized statement

Upon completing the service, assigned counsel must submit an itemized statement detailing the services, time spent, and out-of-pocket expenses.

In all cases and upon the completion of the service, it shall be the duty of such assigned counsel to submit an itemized statement, in duplicate, of the services rendered and the time spent in connection with such services in the preparation and trial or other disposition of same, and any out-of-pocket expenses incurred therein.

CRITICALCivil cases

Applies to

Judgment entry

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

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

CRITICAL

Applies to

Protection order case forms

Courts must use the Ohio Supreme Court-adopted forms in all protection order cases.

The forms have been adopted by the Ohio Supreme Court and by Rule of the Court, all Courts are required to use these forms in all protection order cases.

CRITICAL

Applies to

Long distance visitation election

The election notice must be written, filed with the Court, and served on the other party by certified mail with return receipt requested.

The notice of the election shall be in writing, duly filed with the Court and served on the other party by Certified Mail, with return receipt requested.

CRITICAL

Applies to

Judgment entry

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

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

CRITICAL

Applies to

Motion to withdraw counsel

The Court may permit counsel to withdraw for good cause shown or when the interest of justice demands upon written motion without the written consent of the client-party after a hearing on the matter. Notice of the motion and hearing shall be provided to the client-party of the counsel seeking withdraw and all other parties consistent with the Ohio Rules of Civil Procedure.

The Court may permit counsel to withdraw for good cause shown or when the interest of justice demands upon written motion without the written consent of the client-party after a hearing on the matter. Notice of the motion and hearing shall be provided to the client-party of the counsel seeking withdraw and all other parties consistent with the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Notice of relocation

Before relocating, the residential parent must file a written notice with the Clerk of Courts containing the stated relocation information and serve it on the other parent.

A residential parent who intends to relocate must first file a written notice of same with the Clerk of Courts setting forth date, place, address, phone number and other known information relative to relocation and cause said notice to be served upon the other parent.

CRITICAL

Applies to

Judgment decree or order

Prevailing counsel must prepare judgments, decrees, and orders that accurately reflect the Court’s decision.

All judgments, decrees and orders shall be prepared by prevailing counsel, accurately reflecting the Court’s decision, and submitted to opposing counsel within seven (7) days of the hearing.

CRITICAL

Applies to

Final hearing submission

At the final hearing, counsel must provide the Court with a final judgment entry and all required orders and supporting documents.

At the final hearing, counsel shall furnish the Court with a final judgment entry together with all other required orders and required supporting documents.

CRITICAL

Applies to

Temporary orders journal entries and judgment entries

Temporary orders, journal entries, and judgment entries in cases involving minor children 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

Judgment entry

Counsel must present a judgment entry terminating the settled case for approval.

Upon settlement of any action, counsel will immediately notify the Court of such settlement and present a judgment entry terminating the case for approval within fourteen (14) days.

CRITICAL

Applies to

Arbitration award

When two panel members agree, all members must sign the award on the Court’s jury-verdict-like form; a dissenting member must write “dissents” before signing.

If two members of the three member panel agree, then the award shall be signed by all panel members on forms analogous to jury verdicts as adopted by the Court. If one of the three members does not agree on the findings or award, the dissenting member shall write the word “dissents” before his or her signature.

CRITICAL

Applies to

Ex parte temporary order motion

Ex parte temporary orders are discouraged and will issue only in exigent circumstances; each requesting motion must include a comprehensive supporting affidavit addressing every requested element of relief.

C. Ex-Parte Temporary Orders are discouraged and will not be issued except in exigent circumstances. 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

Written public defender declination

For a defendant charged with aggravated murder or murder, written declination by the Ohio Public Defender is required before the Court may furnish co-counsel, investigators, or other experts under this exception.

Therefore, no co-counsel will be appointed nor will investigators or other experts be furnished except when the defendant has been charged with aggravated murder or murder and the Office of the Ohio Public Defender has declined, in writing, to furnish such assistance.

CRITICAL

Applies to

Parenting class certificate

Each party must file or cause to be filed a certificate of attendance for the parenting class.

The parties shall each file, or cause to be filed, with the Court a certificate of attendance for the parenting class.

CRITICAL

Applies to

Civil protective order forms

Attorneys, parties, and authorized domestic violence service agencies must file only forms that comply with the cited 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

Application for attorney fees

If the Court allows investigators or other experts, their bills must be filed with defense counsel’s attorney-fee application.

In the event that investigators or other experts are allowed by the Court, the bills for same shall be filed with defense counsel’s application for attorney fees and shall be paid as a part of counsel’s expenses.

CRITICAL

Applies to

Judgment entry

A judgment entry will not be signed unless it bears notice setting a further hearing 7 to 28 days after the entry is filed.

No judgment entry will be signed by the Court unless there is endorsed on the entry, a notice setting the motion for further hearing not sooner than seven (7) nor later than twenty-eight (28) days from the date of the filing of the entry.

CRITICAL

Applies to

Entry

Entries other than final entries must include the specified hearing, referral, and judicial approval language at the end of the entry body.

All other entries shall contain the following language at the end of the body of the entry: “This cause came on to be heard on the ____ day of ___________, 20___, before Magistrate, Christina L. Steffan, to whom this cause was referred by the Honorable Judge, Martin D. Burchfield, to try the issues of law and fact arising herein under the provisions of Rule 53 and 75A of the Ohio Rules of Civil Procedure. ______________________________ Christina L. Steffan, Magistrate IT IS SO ORDERED. ______________________________ Martin D. Burchfield, Judge

CRITICAL

Applies to

Electronic filing

Each e-filer must complete an online Document Description Form for every electronic filing with the listed case, document, transmission, and filer information.

For each electronic document filed, the e-filer must complete an online Document Description Form containing the following information: • The title of the case; • The case number, if previously assigned; • The assigned judge, if previously assigned; • The title of the document being filed; • The date of transmission; and • The name, Ohio attorney-registration number, address, telephone number, fax number, and email address of the attorney or party filing the document.

CRITICAL

Applies to

Complaint for divorce legal separation annulment with children or complaint for paternity

Complaints for divorce, legal separation, or annulment with children, including paternity complaints, must include the listed forms, including the DR 2 IV-D Application, without which the Clerk will not accept the filing.

In original filings or post decree filings the following documents shall also be filed as set forth below: 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

Standing orders

Plaintiff’s counsel must provide the client with a copy of the Standing Orders.

Counsel for the Plaintiff shall provide the client with a copy of the Standing Orders.

CRITICAL

Applies to

Judgment entry

A judgment entry will not be signed unless it includes notice setting a further hearing between 7 and 28 days after the entry is filed.

No judgment entry will be signed by the Court unless there is endorsed on the entry, a notice setting the motion for further hearing not sooner than seven (7) nor later than twenty-eight (28) days from the date of the filing of the entry.

CRITICAL

Applies to

Petition for dissolution with children

A petition for dissolution with children must include the listed affidavits, waivers, separation agreement, and DR 2 IV-D Application; the Clerk’s Office will not accept the filing without the application.

D. Petition for Dissolution children: - Petition - 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 - Waiver of Magistrate’s Decision - DR 2— IV-D Application — The Clerk’s Office shall not accept the filing of the above referenced pleading without this affidavit. - Waiver of Service of Summons - Separation Agreement

CRITICAL

Applies to

Motion

Each motion in a civil case must be submitted with a brief or memorandum.

All motions filed in any civil cases shall be submitted to the Court on brief or memoranda.

CRITICAL

Applies to

Order

The order must include the specified notice concerning a new employer and enrollment of the child in health insurance coverage.

The order shall contain a notice which contain a notice which contains the following notice: “If the person required to obtain health insurance coverage for the child subject to this child support order obtains new employment, the CSEA shall comply with the requirements of section 3119.331 of the Revised Code which may result in the issuance of a notice requiring the new employer to take whatever action is necessary to enroll the child(ren) in health care insurance coverage provided by the new employer.“

CRITICAL

Applies to

Other entry

Every entry other than a final entry must include the specified hearing and referral language at the end of its body.

All other entries shall contain the following language at the end of the body of the entry: “This cause came on to be heard on the ____ day of ___________, 20___, before Magistrate, Joseph E. Quatman , to whom this cause was referred by the Honorable Judge, Martin D. Burchfield, to try the issues of law and fact arising herein under the provisions of Rule 53 and 75A of the Ohio Rules of Civil Procedure. ______________________________ Joseph E. Quatman, Magistrate IT IS SO ORDERED. ______________________________ Martin D. Burchfield, Judge

CRITICAL

Applies to

Deposition

A filed deposition containing unwaived objections must be accompanied by the officer’s log of objections and a written transcript of the entire deposition.

When a deposition containing objections which are not waived is filed with the Court pursuant to Civil R. 30 (f)(1), it shall be accompanied by the officer's log of objections and a written transcript of the entire deposition.

CRITICAL

Applies to

Notice of scheduled mediation

A Notice of Scheduled Mediation must state at least the mediation’s date, time, place, and contact information.

The court, on its own motion, or the motion of any of the parties may refer disputed issues to mediation in whole or in part by “Notice of Scheduled Mediation” which shall, at a minimum indicate the date, time, place and contact information of the mediation.

CRITICAL

Applies to

Final entry

Final entries must include the specified Magistrate recommendation and judicial approval language at the end of the entry body.

All final entries shall contain the following language at the end of the body of the entry: “The undersigned, being the Court’s Magistrate to whom this matter has been referred pursuant to Civil Rule 53, has reviewed the foregoing entry and respectfully recommends this Court approve the entry and accept it as the Magistrate’s report since it accurately reflects the findings and recommendations which are appropriate based upon the law and evidence presented. Reviewed and recommended: _____________________________ Christina L. Steffan, Magistrate IT IS SO ORDERED. _____________________________ Martin D. Burchfield, Judge

CRITICAL

Applies to

Parenting class

Parents in covered domestic cases must attend the parenting class; for post-decree relief, attendance must be within the preceding two years or the parties must attend again.

All parents involved in a new or pending domestic case or in any case seeking post-decree relief in this Court which involves the designation of residential parent and allocation of parental rights and responsibilities for their children or the modification of the same shall be required to attend the parenting class. When post-decree relief is sought, the parents must have attended the parenting class within the two years immediately preceding the filing of the motion for relief; if over two years, the parties shall attend the parenting class again.

CRITICAL

Applies to

Post decree motion to modify custody or visitation

A post-decree motion to modify custody or visitation must include the listed affidavits and DR 2 IV-D Application, without which the Clerk’s Office will not accept the filing.

G. Post-decree motion requesting modification of custody or modification of visitation: - 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

Motion for default judgment

A party seeking default judgment after a party fails to appear must attach to the motion an affidavit complying with the Service Members Civil Relief Act.

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 by default shall file with the Court, attached to any such motion for default, an affidavit in compliance with the Service Members Civil Relief Act, 50 U.S.C. 501- 597, so that judgment can be entered as required therein.

CRITICAL

Applies to

Shared parenting plan

A Shared Parenting Plan must include the specified waiver of the thirty-day pre-filing requirement, or a separate Waiver of Service of Summons must be 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

Motion

The Clerk must not accept a motion for filing unless it is accompanied by a brief or memorandum.

The Clerk shall not accept for filing any motion not accompanied by a brief or memorandum.

CRITICALCivil casesCourt notice

Applies to

Certificate of completion

After completing a parenting program, you must print the Certificate of Completion.

Upon completion of any of these programs, you must print out the Certificate of Completion

CRITICAL

Applies to

Summary judgment memorandum

A memorandum accompanying a summary-judgment motion must identify the specific paragraphs, lines, and pages of evidence counsel asks the court to consider.

In any memorandum accompanying such motion, counsel shall refer to specific paragraphs, lines, and pages of any pleading, interrogatories, affidavits, depositions or other documentary evidence which counsel wishes the court to consider.

CRITICAL

Applies to

Facsimile transmission

Every fax filing must comply with the applicable civil or criminal rules and include a cover page with all listed attorney and transmission details.

All facsimile transmissions tendered to the clerk for filing under this rule must comply with the applicable Civil Rules and Criminal Rules and include a cover page containing the following information: • Name of attorney; • Address of attorney; • Ohio Supreme Court registration number of attorney; • Telephone number of attorney; • Facsimile number of attorney; • Email address of attorney; • Date and time of facsimile transmission; and • Number of pages of facsimile transmission.

CRITICAL

Applies to

Relocation notice

Before relocating, the residential parent must file a written notice with the Clerk of Courts containing the stated relocation information.

A residential parent who intends to relocate must first file a written notice of same with the Clerk of Courts setting forth date, place, address, phone number and other known information relative to relocation and cause said notice to be served upon the other parent.

CRITICAL

Applies to

Arbitration packet

The parties must provide an organized packet of intended documentary exhibits; arbitrators may refuse an exhibit if a copy was not delivered, and they do not retain original documents.

One week prior to the arbitration hearing, the parties shall submit to each arbitrator and the opposing party a memorandum not exceeding 10 pages stating the legal and factual positions of the parties, together with an organized packet containing documentary exhibits the party intends to offer at the hearing. If a party fails to deliver a copy of a documentary exhibit, the arbitrators may refuse to receive the exhibit in evidence. The original documents shall not be held by the arbitrators.

CRITICAL

Applies to

Electronically submitted document

An electronic signature has the effect of a manual signature, and must be either “/s/” with the typed name or an electronic or scanned signature image.

An electronic signature will have the same force and effect as a manual signature. An electronically-submitted document issued or received by the clerk is considered signed if an electronic signature is included on the document. An electronic signature must include at least one of the following: a. “/s/” and the name typed in the space where the signature would otherwise appear; or b. An electronic image or scanned image of the signature.

CRITICAL

Applies to

Temporary and final child support entry

Temporary and final child support orders must be separate entries containing the required C.S.E.A. and 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

Notice of intent to relocate

A parent who changes residence from the residence at the time of the last parenting order must file a notice of intent to relocate with the court that issued that 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

Post decree custody or visitation modification motion

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

G. Post-decree motion requesting modification of custody or modification of visitation: - 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

A judgment entry ordering parenting time under an Appendix A option must attach and incorporate a copy of Appendix A.

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

Petition for dissolution without children

A petition for dissolution without children must be filed with the Petition, Uniform Domestic Relations Affidavits 1 and 2, a Waiver of Service of Summons, and a Separation Agreement.

In original filings or post decree filings the following documents shall also be filed as set forth below: 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

CRITICAL

Applies to

Arbitration memorandum

The memorandum must state the parties’ legal and factual positions.

One week prior to the arbitration hearing, the parties shall submit to each arbitrator and the opposing party a memorandum not exceeding 10 pages stating the legal and factual positions of the parties, together with an organized packet containing documentary exhibits the party intends to offer at the hearing.

CRITICAL

Applies to

Election notice

The election notice must be in writing and filed with the Court.

The notice of the election shall be in writing, duly filed with the Court

CRITICAL

Applies to

Request for admittance

A Recovery Court participant must file a Request for Admittance with the Clerk of Court.

the participant shall have filed a Request for Admittance with the Clerk of Court.

CRITICAL

Applies to

Notice of disposal

A notice of disposal must be filed with the Clerk of the Common Pleas Court, whether disposal is by the Court or by party retrieval.

A notice of disposal of exhibits, depositions, or transcripts, whether by the Court or retrieval by a party, shall be filed with the Clerk of the Common Pleas Court.