Wyandot County Court of Common Pleas Document Filing Requirements

CRITICAL

Applies to

Electronically submitted document

Electronically submitted documents requiring an attorney’s or submitter’s signature must use the specified conformed signature, except for hand-signed documents scanned in PDF format.

Any document submitted electronically with the Clerk that requires an attorney's or a submitter's signature (other than hand-signed documents scanned in PDF format) shall be signed with the conformed signature of "/s/ (name)." The correct format for an attorney's signature is as follows: ## /s/Attorney Name Attorney Name, Registration Number

CRITICAL

Applies to

Stipulation or document requiring multiple signatures

For a document requiring multiple signatures, the submitting party or attorney must sign it, affirm that its contents are acceptable to all required signers, indicate their agreement in the document, and identify other signatories using the prescribed form.

The submitting party or attorney shall sign the stipulation or document himself or herself as follows: "/s/ John Smith." The submitting party or attorney shall then include an affirmation that the contents of the document are acceptable to all persons required to sign the document. The submitter shall indicate the agreement of all other counsel and/or parties at the appropriate place in the document, usually on the signature line. The submitting party or attorney shall then submit the document electronically, identifying all of the other signatories as follows: "/s/ Jane Doe, per written authorization, by John Smith," etc.

CRITICAL

Applies to

Complaint or third party complaint

When electronically filing a complaint or third-party complaint, the filing party must complete and file a case designation sheet.

e. Filing of Initial Pleadings. When any complaint or third-party complaint is submitted for electronic filing, the filing party shall complete and file a case designation sheet (see attached).

CRITICAL

Applies to

Complaint or third party complaint

The filing party must file service instructions, and the Clerk must issue a summons and serve the complaint or third-party complaint according to those instructions.

Consistent with Ohio Rules of Civil Procedure, the filing party shall also file instructions for service and the Clerk shall issue a summons and serve the complaint or third-party complaint according to such instructions.

CRITICAL

Applies to

Complaint

The plaintiff's complaint and defendant's answer must include income and expense and property affidavits; when children are involved, they must also include the listed child-related affidavits and application.

The Plaintiff shall include in their Complaint and the Defendant shall include in their Answer the following Affidavits: - 1. Affidavit of Income and Expense - 2. Affidavit of Property and if Children involved: - 3. Health Insurance Affidavit - 4. Parenting Proceeding Affidavit - 5. IV-D Application

CRITICAL

Applies to

Fax transmission

A fax transmission must include all required identification information on its first-page cover sheet in the Court-prescribed format, or it will not be accepted for filing.

4.) The attorney must provide all required identification information on the first page (cover sheet) of transmission in a format prescribed by the Court. Transmissions without such information will not be accepted for filing.

CRITICAL

Applies to

Fax filing

Every fax filing must include a cover sheet with the specified court, sender, case, document, transmission, page-count, and applicable cost-submission information.

The attorney or pro se litigant must provide with the filing of the document by fax a cover sheet containing the following information: - a. The office to which the document is being sent (Wyandot County Clerk of Courts Office). - b. The fax number in which the transmission is being sent (419-294-6414). - c. The name and Supreme Court Registration Number, if applicable, of the sender. - d. The address, telephone number, fax number and email address, if any, of the sender. - e. The case caption and case number as assigned by the Court. - f. The title of the document(s). - g. The date of the transmission. - h. The number of pages, including the cover sheet, of the transmission. - i. If applicable, a statement explaining how costs associated with the filing will be submitted.

CRITICAL

Applies to

Fax filing

An exhibit that cannot accurately be faxed or is too lengthy must be replaced in the fax filing by an insert page describing the exhibit and why it is missing.

Exhibits to a faxed filing that cannot be accurately transmitted via fax for any reason or are too lengthy to be faxed must be replaced by an insert page describing the exhibit and the reason(s) it is missing.

CRITICAL

Applies to

Exhibit

A separately filed omitted exhibit must have a cover sheet stating the case caption, case number, and exhibit title, and the cover sheet must be signed and served under the rules for pleadings.

A cover sheet shall accompany any exhibit filed in this manner. The cover sheet shall contain the case caption, case number and title of the exhibit being filed and shall be signed and served in conformance with the rules governing the signing and service of pleadings.

CRITICAL

Applies to

Motion

Must include

legal argument

A motion must be accompanied by a memorandum stating its grounds and citing the authorities and reasons relied upon.

Motions shall be accompanied by a memorandum stating the grounds therefore and citing the authorities and reasons relied upon.

CRITICAL

Applies to

Oral hearing request

An oral hearing on a motion may be set only if the party seeking it demonstrates the need in writing before the fourteen-day period expires.

Oral hearings on motions shall be set only where the party seeking same demonstrates such need in writing prior to the expiration of fourteen (14) days.

CRITICAL

Applies to

Praecipe

In foreclosure cases, after the redemption period expires, the attorney must file a Praecipe requesting that the Clerk issue an Order of Sale to the Sheriff.

In all foreclosure cases, after the period of redemption has expired, it will be obligation of the attorney to file a Praecipe with the Clerk of Courts requesting an Order of Sale to be issued to the Sheriff.

CRITICAL

Applies to

Petition for dissolution

The petitioners must submit income-and-expense and property affidavits with the dissolution petition, and must also submit the listed child-related affidavits if children are involved.

Petitioner and Respondent shall submit the following Affidavits with the Petition for Dissolution: - 1. Affidavit of Income and Expense - 2. Affidavit of Property and if Children involved: - 3. Health Insurance Affidavit - 4. Parenting Proceeding Affidavit - 5. IV-D Application

CRITICAL

Applies to

Decree of dissolution

At the final dissolution hearing, the parties must submit a decree signed by both parties, any applicable related orders, and a waiver of the magistrate’s decision if applicable.

A Decree of Dissolution, signed by Petitioner and Respondent, along with any other applicable orders (i.e. Separation Agreement, Parenting Plan and Child Support Worksheets) and a Waiver of the Magistrate's Decision, if applicable, shall be submitted to the Court at the final dissolution hearing.

CRITICAL

Applies to

Jury questionnaire

Prospective jurors must complete a second jury questionnaire and, if appropriate, request an excuse, exemption, or deferral by letter to the Court.

All prospective jurors shall be required to complete a second jury questionnaire and, if appropriate, request an excuse, exemption or a deferral by letter to the Court.

CRITICAL

Applies to

Jury summons

Jury summonses must be written in readily understandable language and delivered by ordinary mail.

Said summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process and shall be delivered by ordinary mail.

CRITICAL

Applies to

Jury summons

A jury summons must clearly explain how and when the recipient must respond and the consequences of failing to respond.

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

CRITICAL

Applies to

Written jury demand

When a written jury demand is required, prospective jurors may be summoned only after it is filed.

Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.

CRITICAL

Applies to

Affidavit for service by publication

A party or the party’s counsel must file an affidavit with the Court before service by posting and mail is made.

Before service by posting and mail can be made, an affidavit of a party or the party's counsel shall be filed with the Court.

CRITICAL

Applies to

Judgment entry

If opposing counsel does not respond within five days after the entry is mailed, drafting counsel may submit it without approval and must inform the court of the nonresponse.

In the event that opposing counsel fails to respond to drafting counsel within five (5) days from the time drafting counsel mails the entry to opposing counsel, drafting counsel may then submit the entry to the court without the approval of opposing counsel, and in the event, drafting counsel shall inform the court of the fact that drafting counsel received no response from opposing counsel within that five (5) day period.

CRITICALCivil cases

Applies to

Entry setting hearing

An Entry Setting Hearing must be provided to the Court with directions for the Clerk to serve the next of kin and their names and complete addresses.

An Entry Setting Hearing shall be provided to the Court with directions for the Clerk to serve the next of kin, with names.and complete addresses provided.

CRITICALCivil cases

Applies to

Real estate description

Descriptions of Wyandot County real estate must be approved by the County Engineer.

Descriptions of Wyandot County real estate must be approved by the County Engineer.

CRITICALCivil cases

Applies to

Emergency guardianship application

Must include

proposed order

An emergency guardianship application must include the specified affidavit, Next of Kin form, physician-signed evaluation forms, and a proposed order stating the powers sought.

An application for appointment of an emergency guardian shall include an affidavit from the person alleging the emergency, including a statement of facts setting forth the nature of the emerg�cy, and what action is necessary to prevent injury to the persons and or estate with the specific orders of relief that are sought and a completed Next of Kin form (Probate Form 15.0). An application for appointment of emergency guardian shall he be accompanied by the Statement of Expert Evaluation (Probate Form 17.1) and the Supplement for Emergency Guardian of Person (Probate From 17.1 A), signed by the physician ·describing the circumstances which make it• reasonably certain that immediate action is required to prevent significant injury to the person and or estate. Suchemergency application shall include a proposed order setting forththe powers sought.

CRITICALCivil cases

Applies to

Emergency guardianship application

The Court may grant emergency guardianship only on evidence showing an immediate need to prevent significant injury and that an application for appointment of a guardian has been filed.

The Court may grant ap. application/motion for emergency guardianship only by testimony, affidavit, or other evidence showing that immediate action is required to prevent significant injury th the alleged ward or the.property of the alleged ward and that an application for the appointment of a guardian of the person or estate or both has been filed with the Court.

CRITICALCivil cases

Applies to

Judgment entry

Counsel must prepare all judgment entries.

Counsel shall prepare all jud_gment entries.

CRITICALCivil cases

Applies to

Affidavit

When a Will has been admitted to Probate but not recorded and there are no assets, the applicant or another interested party must file an affidavit stating that there are no assets.

When a Will has been admitted to Probate and not recorded and there are no assets, the applicant requesting admission to Probate or some other interested party, shall file an affidavit setting forth the fact that there are no assets.

CRITICALCivil cases

Applies to

Affidavit of notice

An affidavit must evidence notice of probate of a will, including notice to the Attorney General under the cited statutes.

The obligation of fiduciarys attorneys to give notice of probate of will shall be evidenced by affidavit filed fourteen (14) days from date of probate guar of the wi11 but with good cause shown on or before . ,:·.::;,��· . ; ,: ::. ·.... . .. : ·�:!.:· ....... the that time reasonable extension may be granted by schc the Court. This is to include notice to the Attorney a m, General pursuant to R.C. 109.23 to 109.41.

CRITICALCivil cases

Applies to

Real estate transfer

A Certificate of Title Examination is required for real estate transferred by certificate of transfer or by sale.

A Certificate of Title Examination is required for all real estate transferred by certificate of transfer or by sale.

CRITICALCivil cases

Applies to

Name conformity application

A name-conformity applicant must submit photocopies of the applicant’s or minor’s official identity documents with the application.

An Applicant seeking to Conform a Legal Name must provide photocopies of all official identity documents relating to the applicant or minor with the application, including: Birth Record Social -S�urity Card Driver's License or State issued ID Card (if any) Marriage Record (if any) Divorce Decree (if any) Passport (ifany) Any other official government-issued document required or commonly used to verify a person's identify

CRITICALCivil cases

Applies to

Application for extraordinary attorney fees

Applications for extraordinary attorney fees must itemize the services, dates, time spent, and hourly rate or other justification for the fee.

(B) All applications for the allowance of extraordinary attorne_y fees shall set forth an itemized statement of the services performed, the date services were performed, · the time spent in rendering the services, and the rate charged per hour or their. justifying basis for said. fee.·

CRITICALCivil cases

Applies to

Application for authority to enter contingent fee contract

Before a fiduciary enters into a contingent-fee contract, an application for authority must be filed and approved by the Court.

{D) Prior to a fiduciary entering into a contigent-fee contract with an attorney for services, an application for authority to enter into the contract shall be filed and approved by the Court.

CRITICALCivil cases

Applies to

Guardian appointment

Applicants for guardian appointment generally must complete a court-satisfactory civil and criminal records check, authorize it using the required form and any requested consent, and file a Guardian's Credibility form, subject to the stated attorney exceptions.

All applicants for appointment as guardjan (except Ohio attorneys who are currently in good standing with the Supreme Court of Ohio or a state approved agency), must submit to a civil.and criminal record check satisfactory to the Court, ·at their own expense. The applicant must complete the necessary form authorizing the records check and execute �uch consent; if any, as may be requested by the Court to authorize the Court to perform that _records check. Additionally, all applicants for ap�intment (except Ohio attorneys who are currently in good standing with the S11preme Court <>f Ohio) shall complete and file a Guardian's Credibility form.

CRITICALCivil cases

Applies to

Written guardian complaint

Anyone with reasonable cause to believe a ward is being abused, neglected, exploited, or otherwise at risk must immediately report the matter in writing to the Court by giving the comments, complaints, or concerns to the Chief Deputy Clerk of the Probate Court.

Any person having reasonable cause to 1;,elieve a ward is being abused, neglected, exploited or is otherwise in a position to be taken advantage of because of their incompetency/age/etc. shall immediately report the matter in writing to the Court by give the written comments or complaints or concerns to the ChiefDeputy Clerk ofthe Probate Court.

WARNING

Applies to

Pretrial conference

Must include

certificate of conference

Counsel shall certify to this Court that they conferred with each other prior thereto, and they shall be prepared to discuss all aspects of the case and to conduct good-faith negotiations toward settlement.

Counsel shall certify to this Court that they conferred with each other prior thereto, and they shall be prepared to discuss all aspects of the case and to conduct good-faith negotiations toward settlement.

WARNING

Applies to

Fax filing

A fax filer need not file the original, but must retain the original with original signatures and the fax cover sheet through the stated post-judgment period and produce it if the Court requests it.

The attorney or pro se litigant making a fax filing need not file the original document with the Clerk of Court. However, the original document must be retained by the sending party in his/her records until the case is closed and all opportunities for post judgment relief are exhausted, with original signatures and the facsimile cover sheet used for the filing and shall be available for production upon request of the Court.

WARNING

Applies to

Fax filing

The Clerk need not notify a party of a failed fax filing; the sender must retain the transmission receipt with the source document and bears the transmission risk.

The Clerk of Courts Office is not responsible to notify any sending party of a failed fax filing. The sending party shall retain receipt generated by their sending device as evidence of the filing of the document and shall maintain said receipt with the source document. The sending party bears the entire risk of transmitting a document by fax to the Wyandot County Clerk of Courts Office.

WARNING

Applies to

Signed document

By fax filing a signed document, the sender represents that the physically signed source document is in the sender’s possession or control.

The sending party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.

WARNING

Applies to

Fax filing

A sender filing for multiple cases must transmit each case filing separately with its own cover sheet.

If a sending party needs to transmit a filing for more than one case, each case filing shall be transmitted separately with a separate cover sheet.

WARNING

Applies to

Trial brief

A trial brief must be submitted at the final pretrial hearing.

A trial brief shall be submitted at the final pretrial hearing.

WARNING

Applies to

Jury instructions

Any jury instructions requested by a party must be submitted at the final pretrial hearing.

Any jury instructions requested by the parties shall also be submitted at this time.

WARNING

Applies to

Oral hearing request

The written notice requesting an oral hearing must explain why the hearing is necessary.

A party desiring an oral hearing shall notify the Court in writing within five (5) days after receipt of the Briefing Schedule stating why an oral hearing is necessary.

WARNING

Applies to

Judgment entry

The court may direct either counsel to prepare an entry recording the parties’ agreement or a court order.

The court may order either counsel to prepare an entry setting forth the agreement of the parties or an order of the court.

WARNINGCivil cases

Applies to

Fiduciary account

When the fiduciary consents in writing to counsel fees, an allowance application is unnecessary if the consent is endorsed on the fiduciary account or evidenced by a separate instrument filed with it; this provision does not apply to guardianships.

(C) Where the Fiduciary has consented in writing to the amount of counsel fees, an application need ,. · ·.· .. . :. !, not be made for the a11 owance, provided the cons�mt is endorsed on • the fiduciary account or evidence. by separate instrument filed with the account. . This provision shall not apply to guardianships.

INFO

Applies to

Electronically submitted document

A conformed signature on an electronically submitted document constitutes a legal signature.

The conformed signature on an electronically-submitted document is deemed to constitute a legal signature on the document.

INFO

Applies to

Fax transmission

Attorneys should retain the sending device’s receipt as evidence of filing.

The attorney should retain receipt generated by sending device as evidence of filing.

INFOCivil cases

Applies to

Name conformity application

After reviewing the application, the Court may order submission of other documents it deems relevant.

Upon review ofthe application, the Court may order the submission ofother documents the Court deems relevant to the application.