Vinton County Court of Common Pleas, Ohio Document Filing Requirements

CRITICAL

Applies to

Mediator report

At the conclusion of mediation, the court must be informed whether it occurred or was terminated, the settlement status, 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.

CRITICAL

Applies to

Pleading

Each pleading must include the filing attorney’s or party’s name, address, and telephone number.

Each pleading shall contain the name, address and telephone number of the attorney or party filing same.

CRITICAL

Applies to

Pleading

A complaint, motion, or other pleading must state the type of action on its face.

On the face of the complaint, motion or other pleading will appear a general statement as to the type of action ( examples: Complaint in Partition, Motion to Show Cause).

CRITICAL

Applies to

Withdrawal statement

If an attorney should desire to withdraw from a case, he/she may only do so by filing a written statement of such withdrawal with the Clerk of Courts

If an attorney should desire to withdraw from a case, he/she may only do so by filing a written statement of such withdrawal with the Clerk of Courts

CRITICAL

Applies to

Agreement to mediate

Parties and non-parties seeking confidentiality for mediation communications must execute a written Agreement to Mediate before the mediation session.

In furtherance of the confidentiality set forth in this rule, parties and non-parties desiring confidentiality of mediation communications shall execute a written "Agreement to Mediate" prior to the mediation session.

CRITICAL

Applies to

Motion for assigned counsel fees

Each assigned-counsel-fee motion and its copies must include a copy of the defendant's Affidavit of Indigency on the Commission's specified form.

All motions and copies thereof shall be accompanied by a copy of the Affidavit of Indigency of the Defendant on a form specified by the Ohio Public Defender Commission.

CRITICAL

Applies to

Poverty affidavit

A poverty affidavit offered instead of an advance security-for-costs payment must explain the inability to prepay and be executed before the Clerk or a Deputy Clerk.

(E) Every poverty affidavit offered in lieu of advancements for security for costs shall state the reasons for the inability to prepay costs and must be executed in the presence of the Clerk of Court or a Deputy Clerk.

CRITICAL

Applies to

Journal entry

Journal entries containing personal and private information must be submitted in an unredacted non-public copy and a redacted public copy marked “redacted” wherever information was removed.

Journal entries that necessarily include personal and private information must be submitted to the clerk of court's office as follows: a copy that includes the personal and private information for placement in the non-public envelope and a copy with personal and private information redacted for placement in the public file. The copy not containing the personal and private information (for the public file) will have the notation "redacted" at all places in the document where such information was removed. The Court will sign both journal entries.

CRITICAL

Applies to

Itemized statement

Assigned counsel must submit an itemized statement detailing services, time spent, and out-of-pocket expenses.

Such assigned counsel will submit an itemized statement of the services rendered and the time spent in connection with such services, whether spent in preparation and trial or other disposition of the case and any out of pocket expenses incurred therein.

CRITICAL

Applies to

Notice of scheduled mediation

A Notice of Scheduled Mediation must state 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

Entry

Must include

certificate of service

Counsel answering interrogatories must file an Entry certifying service on all other counsel of record.

The opposing counsel answering said interrogatories shall file with the Clerk an Entry certifying that the same have been served upon all other counsel of record.

CRITICAL

Applies to

Agreement to mediate

If new or different people attend a later mediation session, obtain their signatures before proceeding.

If a new or different person(s) attend a subsequent session, their signatures shall be obtained prior to proceeding further in the process.

CRITICAL

Applies to

Child support affidavit

The complainant, petitioner, or movant must file an affidavit with the complaint, petition, or motion, or within five days thereafter, containing the minor children’s names and birthdates and financial information.

On and after July 1, 1986, all cases filed in this Court involving divorce, dissolution or any case involving the payment of support for minor children, there must be filed with the complaint, petition or motion or within five (5) days thereafter, an affidavit executed by the Complainant, Petitioner, or Movant containing among other things, the names and dates of birth of the minor children and financial information.

CRITICAL

Applies to

Initial pleading

Must include

caption, case number

Initial pleadings must list each party’s name and address, the case number blank, the action’s style, and the Court’s name in the header.

Initial pleadings shall list the name and address of each party, case number blank to be filed in, style of the action, and header with the name of the Court.

CRITICAL

Applies to

Journal entry

Unless the Court directs otherwise, counsel for the prevailing party must prepare the Journal Entry and submit it to opposing counsel within five days after the order, decree, or judgment.

Unless the Court otherwise directs, counsel for the party in whose favor an order, decree or judgment is rendered, shall within five (5) days thereafter prepare the proper Journal Entry, submit the same to opposing counsel

CRITICAL

Applies to

Pleading

An attorney filing a pleading must include the attorney's Supreme Court Registration number in or near the signature block.

Effective January 15, 1993, each attorney at law filing any pleading, shall include, in or near the attorney's signature block, the attorney's Supreme Court Registration number.

CRITICAL

Applies to

Notice of scheduled mediation

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

The mediation shall be communicated via a "Notice of Scheduled Mediation" which shall, at a minimum indicate the date, time, place and contact information of the mediation.

CRITICAL

Applies to

Petition

Must include

caption

A petition to remove personal and private information must contain the caption of the particular case.

The petition shall contain the caption of the particular case.

CRITICAL

Applies to

Motion for assigned counsel fees

Assigned-counsel-fee motions must include receipts for money spent defending the case.

All motions shall be accompanied by receipts for monies expended in defending the case.

CRITICAL

Applies to

Personal private information envelope

The separate envelope must bear the court’s specified notice describing the information as non-public and restricting access.

The information will be kept in a separate envelope within the case filed marked as follows: The enclosed personal and private information has been deemed by the court as non-public. It is for the use of the court, attorneys of record listed in the case, and clerk of court's office only. Any other person must have a court order to view the contents of this envelope. Violation of this order shall be contempt of court.

WARNING

Applies to

Case file

Continuance and extension requests, along with their disposition, must be recorded in the case file.

Requests for continuances and extensions, and their disposition, will be recorded in the file of the case.

WARNING

Applies to

Child support affidavit

In any case where all the information is not known to the filing party a statement to this effect should be included and the affidavit questionnaire shall be served on the opposing party with the complaint, petition or motion.

In any case where all the information is not known to the filing party a statement to this effect should be included and the affidavit questionnaire shall be served on the opposing party with the complaint, petition or motion.

WARNING

Applies to

Mediation case summary

Attorneys may submit a Mediation Case Summary to the mediator, and must do so if the judge or magistrate requires it in a specific case.

Attorneys may, at their option, or must if required on a specific case by the judge and/or magistrate, submit a “Mediation Case Summary” to the mediator which shall contain the following:

WARNING

Applies to

Affidavit

Upon arraignment or subsequent thereto, where it appears to the Court that a Defendant is without counsel and desires the Court to assign counsel to him, the Court, before doing so may require the Defendant to execute an affidavit regarding his employment, general background and financial status.

Upon arraignment or subsequent thereto, where it appears to the Court that a Defendant is without counsel and desires the Court to assign counsel to him, the Court, before doing so may require the Defendant to execute an affidavit regarding his employment, general background and financial status.

WARNING

Applies to

Continuance and extension requests

- b. Requiring that requests for continuances and stipulations for extensions be in writing and the parties notified.

- b. Requiring that requests for continuances and stipulations for extensions be in writing and the parties notified.

INFO

Applies to

Subsequent or responsive pleading

Must include

caption

Subsequent and responsive pleadings may use an abbreviated caption showing only the first Plaintiff and first Defendant.

Subsequent and responsive pleadings may use an abbreviated caption, showing only the name of the first Plaintiff and first Defendant.