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

CRITICAL

Applies to

Final entry

Every final entry must include the specified Magistrate review and recommendation language at the end of its 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: _____________________________ Joseph E. Quatman, Magistrate IT IS SO ORDERED. _____________________________ Martin D. Burchfield, Judge

CRITICAL

Applies to

Judgment entry

Judgment entries for final hearings or post-decree matters must include the parties’ waiver of objections or be accompanied by a separate Form DR-10 waiver filed 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

Demand for trial de novo

The Demand for a Trial De Novo must be accompanied by an affidavit stating that the appeal is not taken for delay.

Any party may appeal the award to the Court if, within thirty days after the filing of the award with the Clerk of the Court, he files a “Demand for a Trial De Novo” with the Clerk of Courts and serves a copy thereof on the adverse party or parties accompanied by an affidavit that the appeal is not taken for delay.

CRITICAL

Applies to

Electronically filed document requiring attorney signature

An electronically filed pleading or other document requiring an attorney's signature must use the stated electronic-signature format and include the listed attorney information.

A pleading or other document requiring an attorney’s signature must be signed with an electronic signature in substantially the following format if filed electronically: • /s/Ohio Attorney • Ohio attorney-registration number • Attorney for (Plaintiff/Defendant) • Address • Telephone Number • Facsimile Number • Email Address

CRITICAL

Applies to

Continuance motion

A continuance motion based on counsel's conflicting trial assignment must attach a copy of the assignment showing the conflict.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date, a copy of the trial assignment demonstrating the conflict must be attached to the motion.

CRITICAL

Applies to

Temporary support or health insurance pleading motion or response

The Clerk will not file covered support, health-insurance, or response pleadings unless the filer submits an Affidavit of Income and Expenses, Form DR-2 IV-D Affidavit, and either of the specified 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

Request for excusal

An attorney seeking to be excused from appointment service must make a written request to the Court.

Any attorney shall be excused from such service upon written request made to the Court.

CRITICAL

Applies to

Entry

A separate court entry must provide for health care and insurance for dependent minor children.

A separate Entry shall be made to provide for health care and insurance for dependent, minor children.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a witness's unavailability must attach an affidavit stating the material facts expected from the witness, the reason for unavailability, and when the witness will be available to testify.

In all motions for continuance because of unavailability of a witness, counsel filing such motion shall attach an affidavit stating what material facts he expects to prove by such witness, the reason for such witness’s unavailability, and when the witness will become available to testify.

CRITICAL

Applies to

Final hearing submission

At the final hearing, counsel must provide the Court with a final judgment entry and all other 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

Petition to register foreign orders

A petition to register a foreign order requires 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

Post decree motion to modify child or spousal support

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

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

Criminal complaint

All criminal complaints must comply with Crim.R. 3.

Pursuant to Crim.R. 12(B)(1), all criminal complaints must comply with Crim.R. 3.

CRITICAL

Applies to

Final entry

In uncontested matters and dissolutions, counsel must provide the Court with the final entry and all required orders and 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

Parenting class certificate

Each party must file or arrange to have filed a certificate showing attendance at 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

Judgment entry

A Judgment Entry ordering parenting time under an Appendix B option must have a copy of 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

Filed document

Must include

certificate of service

E-filers must include a properly signed certificate of service using substantially the specified language.

All e-filers must also include on their documents a certificate of service signed in accordance with the Civil Rules or the Criminal Rules, and these Local Rules. The certificate of service must contain substantially the following language: “I hereby certify that on [date], [document title] was served through the Court’s Electronic Filing Service or by ordinary U.S. mail.”

CRITICAL

Applies to

Application for excess counsel expenses

Counsel must apply to the Court and obtain prior approval by judgment entry before incurring expenses that would result in fees exceeding the prescribed maximums.

No fees in excess of the maximums prescribed therein shall be approved unless prior to incurring such expenses, counsel shall make application to the Court and obtain prior approval therefore by judgment entry.

CRITICAL

Applies to

Complaint for divorce legal separation or annulment without children

A complaint for divorce, legal separation, or annulment without children must be filed with the specified income and expenses affidavit and property affidavit.

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

WARNING

Applies to

Mediator report

At mediation’s conclusion, the court must be informed whether mediation occurred or was terminated, the settlement status of the issues, party attendance, and any future sessions with their dates and times.

At the conclusion of the mediation and in compliance with R.C. 2710.06 the court shall be informed of the status of the mediation including all of the following: ●Whether the mediation occurred or was terminated; ●Whether a settlement was reached on some, all or none of the issues; and ● Attendance of the parties. ● Future mediation session(s), including date and time.

WARNING

Applies to

Briefs proposed findings or other memoranda

Before issuing the report, the magistrate may require counsel to submit briefs, proposed findings, or other memoranda.

A magistrate will issue a decision after the trial or hearing in accordance with civil Rule 53; however, the magistrate may require briefs, proposed findings or other memoranda be submitted by counsel prior to the issuance of the report.

WARNING

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.

WARNING

Applies to

Temporary order

The Court will approve temporary orders prepared by counsel and approved by both parties and their counsel.

B. The Court will approve Temporary Orders, that have been prepared by counsel and that have been approved by both parties and their counsel.

WARNING

Applies to

Mediation agreement

An oral agreement by counsel, parties, or an officer of the court will not be regarded unless made in open court.

No oral agreement by counsel or with parties or an officer of the court will be regarded unless made in open court.

WARNING

Applies to

Motion

If complex or unusual circumstances are involved a greater fee may be paid to all the arbitrators which may be approved by the Court upon written motion.

If complex or unusual circumstances are involved a greater fee may be paid to all the arbitrators which may be approved by the Court upon written motion.

WARNING

Applies to

Temporary order

The Court will approve temporary orders prepared by counsel and approved by both parties and their counsel.

B. The Court will approve Temporary Orders, that have been prepared by counsel and that have been approved by both parties and their counsel.

WARNING

Applies to

Parenting program

Parties must attend parenting programs approved and designated by the Court; a list of approved programs is available from the Court Administrator’s office.

From time to time, the Court shall approve and designate such “parenting programs” to be attended by the parties. A list of the programs that are approved by the Court will be available at the office of the Court Administrator.

WARNING

Applies to

Jury summons

A summons should clearly explain how and when the recipient must respond and the consequences of a failure to respond.

A summons should clearly explain how and when the recipient must respond and the consequences of a failure to respond.

WARNING

Applies to

Jury summons and questionnaire

The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person should be combined in a single document, phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems

The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person should be combined in a single document, phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems

WARNING

Applies to

Written notification

The written notification must tell the party where to retrieve its exhibits, depositions, or transcripts.

The written notification required in this rule will inform the party that tendered the exhibits, depositions, or transcripts of the location for retrieval of the exhibits, depositions, or transcripts.

WARNING

Applies to

Appeal waiver

Before final judgment, parties may waive appeal by written agreement approved by the arbitrators.

The parties may at any time prior to final judgment agree to waive the right of appeal if done so in writing and approved by the arbitrators.

WARNING

Applies to

Jury questionnaire

The jury questionnaire should be phrased and organized so as to facilitate quick and accurate screening

The jury questionnaire should be phrased and organized so as to facilitate quick and accurate screening

WARNING

Applies to

Panel member background information

To reduce the time required for voir dire, basic background information regarding panel members should be made available to counsel in writing for each party prior to the day on which jury selection is to begin. See Exhibit “B”

To reduce the time required for voir dire, basic background information regarding panel members should be made available to counsel in writing for each party prior to the day on which jury selection is to begin. See Exhibit “B”

WARNING

Applies to

Receipt

A party retrieving its exhibits, depositions, or transcripts must execute a receipt showing they were returned.

If the party that tendered the exhibits, depositions, or transcripts does retrieve the exhibits, depositions, or transcripts that party will execute a receipt showing that the items have been returned to them.

WARNING

Applies to

Parenting class

Failure to attend the parenting class within 60 days of a final entry may result in loss of custody or visitation as determined by the Court.

FAILURE TO ATTEND THE PARENTING CLASS WITHIN 60 DAYS OF A FINAL ENTRY MAY RESULT IN LOSS OF CUSTODY AND/OR VISITATION AS DETERMINED BY THE COURT.

WARNING

Applies to

Assignment conference

Counsel must bring their daily calendar to the assignment conference.

Counsel shall have with them at such conference their daily calendar.

WARNING

Applies to

Jury questionnaire

and should request only that information essential for determining whether a person meets the criteria for eligibility, providing a basic background information ordinarily sought during voir dire examination, and efficiently managing the jury system.

and should request only that information essential for determining whether a person meets the criteria for eligibility, providing a basic background information ordinarily sought during voir dire examination, and efficiently managing the jury system.

WARNING

Applies to

Facsimile filing cover page

If no judge or case number has been assigned, state that fact in the designated space on the facsimile filing cover page.

*If a judge or case number has not been assigned, please state that fact in the space provided.

WARNING

Applies to

Oral argument request

A request for oral argument in an administrative appeal must be in writing.

Oral argument will be considered waived unless a written request for such argument is filed not later than seven (7) day before the matter is considered submitted.

WARNING

Applies to

Court order

Court orders remain in effect during mediation unless a written court order stays or suspends them; mediation does not stay discovery unless the parties agree and the assigned judge or magistrate approves.

All remaining court orders shall continue in effect. No order is stayed or suspended during the mediation process except by written court order. Mediation shall not stay discovery, which may continue through the mediation process in accordance with applicable rules, unless agreed upon by the parties and approved by the judge or magistrate assigned to the case.

WARNING

Applies to

Ex parte temporary order

Ex parte temporary orders are discouraged and will not issue unless exigent circumstances exist.

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

INFO

Applies to

Trial brief

The Court may require counsel to provide a trial brief on any or all issues at a time designated by the Court.

The Court may require counsel to furnish a trial brief as to any or all of the issues in the case at such time as the Court may designate.

INFO

Applies to

Mediation memorandum

The mediator, parties, or counsel may immediately prepare a written memorandum memorializing the parties’ agreement, as agreed by the parties.

The assigned mediator, parties or counsel, if applicable, as agreed by the parties, may immediately prepare a written memorandum memorializing the agreement reached by the parties.

INFO

Applies to

Certificate of service

The e-filing system automatically generates and files a separate certificate identifying which parties were electronically served.

A separate certificate of service will be automatically generated and filed by the e-filing system detailing which parties have and have not been electronically served by the e-filing system.

CRITICAL

A petition for dissolution with children must be filed with the Petition and Uniform Domestic Relations Affidavits 1 through 4.

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