Vinton County Court, Ohio Document Filing Requirements

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

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

In furtherance of the confidentially 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

Pleading

The face of a complaint, motion, or other pleading must state the type of action generally.

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

Must include

certificate of service

An attorney withdrawing from a case must file a written withdrawal statement with the Clerk, furnish it to all parties of record and the Court, and attach a certificate of service.

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 and furnishing a copy of such withdrawal to all parties of record and to the Court with his certificate of service attached.

CRITICAL

Applies to

Affidavit

In divorce, dissolution, or minor-child-support cases, the complainant, petitioner, or movant must file an affidavit containing the children’s names and birth dates 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

Itemized statement

Assigned counsel must submit an itemized statement of 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 at least 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

Opposition memorandum

The opposition memorandum must include a brief written statement of reasons opposing the motion.

Any party opposing the motion will serve and file his/her memorandum with a brief written statement of reasons in opposition to the motion within fourteen (14) days of service of the original motion.

CRITICAL

Applies to

Pleading

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

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

CRITICAL

Applies to

Motion for assigned counsel fees

Motions for assigned counsel fees must be accompanied by receipts for money spent defending the case.

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

CRITICAL

Applies to

Mediator report

At the conclusion of mediation, the court must be informed whether mediation occurred or was terminated, the extent of any settlement, 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

Motion

A motion must be submitted with a brief written statement of supporting reasons.

Unless oral argument is specifically requested in civil cases, motions will be submitted and determined without oral hearing and upon brief written statements of reasons in support thereof.

CRITICAL

Applies to

Initial pleading

Must include

caption, case number

Initial pleadings must identify each party and include a case-number blank, the action style, and a court-name 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

Oral agreement

An oral agreement by counsel, parties, or a court officer will not be regarded unless it is 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.

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

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

Poverty affidavit

A poverty affidavit offered instead of an advance security-for-costs payment must state why costs cannot be prepaid 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

Agreement to mediate

A new or different person attending a subsequent mediation session must sign the Agreement to Mediate before the process proceeds.

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

Motion for assigned counsel fees

Each 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

Personal information envelope

The separate envelope must carry the specified notice limiting access to the court, counsel of record, and the clerk, and requiring a court order for access by anyone else.

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.

CRITICAL

Counsel must ensure that they are listed as attorney of record to receive notice of proceedings.

It is the responsibility of counsel to see that he/she is listed as an attorney of record to be entitled to receive notice of proceedings in any case.

WARNING

Applies to

Mediation case summary

Attorneys may submit a Mediation Case Summary to the mediator voluntarily, but must submit one 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

Written statement of appearance

Must include

case number

An attorney may become counsel of record by filing a written statement with the Clerk that identifies the case number and style.

pleading or by filing a written statement so signifying with the Clerk of this Court designating the case number and style of the case of which he/she is an attorney of sufficient notice to constitute an attorney "counsel of record."

WARNING

Applies to

Journal entry

If counsel cannot agree on a Journal Entry, their respective entries must be submitted to the Judge, who will select one for journalization or prepare the Judge's own entry.

If counsel are unable to agree upon an entry, their respective entries will be submitted to the judge who will direct which entry shall be journalized or in lieu thereof prepare his/her own journal entry for journalization without approval of counsel.

WARNING

Applies to

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

Affidavit

Before assigning counsel, the Court may require an unrepresented defendant who seeks assigned counsel to execute an affidavit about employment, 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

Journal entry

The prevailing party's counsel must prepare the proper Journal Entry and submit it to opposing counsel, unless the Court directs otherwise.

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 who shall reject the same within five (5) days after receipt thereof and return to the submitting attorney or to the Court for the Judge's signature and journalization by the Clerk of Courts.

WARNING

Applies to

Curriculum vitae

Listed mediators must submit regularly updated CVs containing dispute-resolution training and professional or association memberships; the Courts provide the CV to people requesting information about an assigned mediator’s qualifications.

All those on the list of qualified mediators shall submit to the Courts a regularly updated Curriculum Vitae (including a list of training related to the field of dispute resolution and professional or association memberships) which CV shall be provided by the the Courts to those requesting information on an assigned Mediator's qualifications to mediate a dispute pursuant the requirements set forth in R.C. 2710.08(C).

WARNING

Applies to

Petition

Must include

caption

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

The petition shall contain the caption of the particular case.

INFO

Applies to

Subsequent or responsive pleading

Subsequent and responsive pleadings may use an abbreviated caption naming 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.

INFO

Applies to

Mediation memorandum

The mediator, parties, or counsel may prepare and sign a written mediation memorandum; if signed it is not privileged, and it may become a court order after review and approval by the parties and their attorney, if applicable.

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. The "Mediation Memorandum" may be signed by the parties and counsel (if the "Mediation Memorandum" is signed it will not be privileged pursuant to R.C. 2710.05 (A) (1)). The written "Mediation Memorandum of Understanding may become an order of the court after review and approval by the parties and their attorney, if applicable.