Champaign County Court of Common Pleas, General Division Document Filing Requirements

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must include an affidavit from a person with personal knowledge stating sufficient facts to support the claim.

(A) A party seeking default judgment pursuant to Civ.R. 55 shall include with the motion an affidavit of an individual with personal knowledge containing sufficient facts to support the claim.

CRITICAL

Applies to

Confirmation of sale motion

Must include

proposed order

A motion for confirmation of sale must include a proposed confirmation entry containing a complete description of the real property, or the court will not consider the motion.

All motions requesting a Confirmation of Sale shall be accompanied by a proposed Confirmation Entry. Said entry shall include a complete property description of the subject real property. The Court will not consider the motion, unless and until a proposed entry conforming to this requirement are provided to the Court.

CRITICAL

Applies to

Dispositive motion

Must include

proposed order

A plaintiff’s dispositive motion in a foreclosure action must include a proposed Judgment and Decree with an accurate property description, and the court will not consider the motion without it.

A proposed Judgment and Decree in Foreclosure shall accompany any dispositive motion filed by the Plaintiff in a foreclosure action. The proposed entry shall include an accurate description of the subject real property. The Court will not consider a dispositive motion filed by the Plaintiff, unless and until a proposed entry conforming to this requirement are provided to the Court.

CRITICAL

Applies to

E filed document

Must include

certificate of service

Every e-filer must include a signed certificate of service on the document using substantially the prescribed 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

Notice of bankruptcy and stay order

When a bankruptcy proceeding results in a stay of this Court's proceedings, counsel must file written notice of bankruptcy and submit a stay order.

If any party files a proceeding in the United States Bankruptcy Court which results in a stay of this Court’s proceedings, counsel shall file with the Court a written notice of bankruptcy and submit an order staying proceedings as provided by the provisions of 11 U.S.C. 362.

CRITICAL

Applies to

Stipulation or document

(i) The submitting party or attorney shall sign the stipulation or document himself or herself as follows: "/s/ John Smith."

(i) The submitting party or attorney shall sign the stipulation or document himself or herself as follows: "/s/ John Smith."

CRITICAL

Applies to

Motion

All motions other than motions made at trial must be in writing, and motions other than discovery motions or requests for bills of particulars must include a memorandum stating the grounds and citing the authorities relied upon.

All motions, other than those made at trial, shall be made in writing and, except for motions for discovery and requests for bills of particulars, shall be accompanied by a memorandum stating the grounds thereof and citing the authorities relied upon.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must be accompanied by an affidavit confirming that the defendant is neither a minor nor incompetent and that the moving party complied with the Servicemembers Civil Relief Act.

(B) An affidavit confirming that the defendant is not a minor or incompetent person, and that the moving party has complied with the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., or any amendments to any of this act shall also accompany the motion.

CRITICAL

Applies to

Expert report

Must include

certificate of service

Expert reports generally may not be filed with the Court unless offered as evidence or for motion consideration, and the party serving a report must file a certificate of service.

(E) Written reports of expert witnesses are not to be filed with the Court, unless for use as evidence or consideration of motion in the proceedings. The party serving the expert report shall file a certificate of service.

CRITICAL

Applies to

Rule 60 motion

If loss mitigation succeeds, the plaintiff must promptly file a Civil Rule 60(B) motion to vacate the foreclosure judgment and decree.

If loss mitigation efforts prove successful, the Plaintiff shall promptly file a Civ.R. 60(B) motion to vacate the Judgment and Decree of Foreclosure.

CRITICAL

Applies to

Motion

A memorandum stating a motion's grounds and cited authorities must accompany motions, but the requirement does not apply to court-discretionary motions such as motions to leave, extend time, or continue.

(A) All motions shall be accompanied by a memorandum stating the grounds thereof and citing the authorities relied upon. (B) This rule does not apply to court-discretionary motions which include, but are not limited to, Motions for Leave to Plead, Motions for Extensions of Time and Motions to Continue.

CRITICAL

Applies to

Affidavit of indigency

Each indigent defendant must complete an Affidavit of Indigency for appointed counsel to be compensated; failure results in non-payment of submitted counsel fees.

(C) An Affidavit of Indigency shall be completed by each Indigent Defendant in order for Court-Appointed Counsel to be compensated. Failure to complete such Affidavit shall result in the non-payment of any Court-Appointed Counsel fees submitted.

CRITICAL

Applies to

Motion to withdraw

Must include

local rule certificate

An attorney seeking withdrawal must file a motion stating the reasons, including the client’s last current address and telephone number and a certification that the listed withdrawal conditions are satisfied.

(A) An attorney desiring to withdraw from representation of a client shall file a motion to withdraw stating the reasons for the withdrawal. The motion shall include the last current address and telephone number of the client and a certification by the attorney that the following conditions have been met:

CRITICAL

Applies to

Community control violation complaint

A community control violation complaint must be sworn before the Clerk under oath.

(B) The Complaint shall be sworn before the Clerk, under oath.

CRITICAL

Applies to

Community control violation complaint or extension request

Before filing a community control violation complaint or supervision-extension request alleging unpaid costs, fines, or restitution, the APA officer must obtain the specific amounts owed from the Clerk and clearly note them on the filing.

(A) If an APA Parole / Probation Officer alleges, through a community control violation complaint or a request to extend supervision period of community control, that the Defendant has not satisfied court-ordered financial obligations, the APA Parole / Probation Officer shall obtain a breakdown of the specific amount(s) owed toward costs, fines, and restitution from the Clerk before filing the said complaint or request for extension with the Court. (B) The breakdown of specific amount(s) owed shall be clearly noted on the community control violation complaint or request for extension of community control.

CRITICAL

Applies to

Preliminary judicial report

Within 14 days after filing a foreclosure or marshalling-of-liens complaint, the plaintiff must obtain and file an effective preliminary judicial report prepared by an unaffiliated title company.

Pursuant to R.C. 2329.191, within fourteen (14) days of filing its complaint for the foreclosure or marshalling of liens, plaintiff shall procure and file with the Clerk a preliminary judicial report, effective within (30) days prior to the filing of its complaint, prepared by a title company not associated with any party or counsel of a party.

CRITICAL

Applies to

Summary judgment motion

Original evidentiary materials permitted by Civ.R. 56(C) must be filed with the Clerk together with the original summary-judgment motion.

(B) Original evidentiary materials as permitted by Civ.R. 56(C) shall be filed with the Clerk with the original motion.

CRITICAL

Applies to

Bankruptcy court action notice

Counsel must immediately provide written notice to the Court of any bankruptcy-court action permitting this Court to resume the case.

Counsel shall immediately notify the Court in writing of any action of the Bankruptcy Court which would permit the Court to proceed with the case.

CRITICAL

Applies to

Mediation statement

Each mediation statement must be provided to the mediator three days before mediation, state the case facts, disputed issues, and available insurance coverage, and be served on opposing counsel before the conference.

(a) Mediation statements shall be provided to the Mediator three days prior to the mediation. The statement shall set forth the facts, the disputed issues of fact or law, and the amounts and type of insurance coverage available. Said statement shall be served upon opposing counsel prior to the Mediation Conference.

CRITICAL

Applies to

Pretrial statement

Pretrial Statements must contain the listed required information when applicable.

Pretrial Statements shall, where applicable, contain the following information:

CRITICAL

Applies to

Final judicial report

Before judgment is rendered or a sale is ordered, the plaintiff must file a final judicial report updating record title, including docket information and bearing the specified certification.

Prior to a judgment being rendered or sale being ordered, plaintiff shall file with the Clerk a final judicial report that updates the state of the record title, includes relevant information from the Court’s docket, and bears a certification clearly stating that “All necessary parties are properly before the Court, and all proceedings are in conformity to the applicable law and Civil Rules.”

CRITICAL

Applies to

Expert report availability

When a written expert report cannot be obtained, counsel or the pro-se litigant must document a good-faith effort and provide specified expert information to the Court and other side, and the Court may exclude the testimony absent good cause.

(D) If a party is unable to obtain a written report from an expert, counsel or the pro-se litigant must demonstrate that a good faith effort was made to obtain the report and must advise the Court and opposing counsel or the pro-se litigant of the name and address of the expert, the subject of the expert’s expertise, together with the expert’s qualifications, and a detailed summary of the expert’s testimony. The Court shall have the authority to nonetheless exclude testimony of the expert if good cause is not determined for the absence of the report.

CRITICAL

Applies to

Document

Must include

caption, case number

A document will not be accepted for filing unless its caption states the court name, action title, case number, and requested action.

(D) The Clerk shall accept no document for filing unless it is properly captioned setting forth the name of the court, the title of the action, the case number and the request for action.

CRITICAL

Applies to

E filed document

An electronically submitted document requiring an attorney's or submitter's signature, unless it is a hand-signed PDF, must use the conformed signature format "/s/ (name)."

Submitter's Signature. 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 a conformed signature of "/s/ (name)." The correct format for an attorney's signature is as follows:

CRITICAL

Applies to

Motion entry and certification for appointed counsel fees

Appointed counsel must submit the prescribed fee motion, entry, certification, and Affidavit of Indigency to Court Staff within 30 days after final termination or disposition.

(D) Counsel appointed to represent an Indigent Defendant shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender’s Office, together with the Affidavit of Indigency, to Court Staff within thirty (30) days after final termination or disposition of the case.

WARNING

Applies to

Foreclosure publication

Foreclosure publications for unincorporated county land must use a metes-and-bounds legal description, while property in incorporated cities or villages may be described legally or by its complete street address and permanent parcel number when the full description is available on the county website.

The parcel in such publication shall be described by a metes and bounds legal description if the land is in the unincorporated areas of the county. Within incorporated cities and villages, the parcel may be advertised by legal description or by listing the complete street address and the permanent parcel number where the complete description is available on a county website.

WARNING

Applies to

Pretrial conference

Trial counsel and pro-se litigants must bring proposed trial exhibits and be prepared to address evidentiary issues at the Pretrial Conference.

At the Pretrial Conference, counsel trying the case and the pro-se litigant(s) shall be prepared to discuss all phases of their case, shall bring with them the originals or copies of exhibits proposed to be offered at trial, and be prepared to resolve all preliminary questions of evidence pursuant to Evid.R.104, including expert witness qualifications.

WARNING

Applies to

Pretrial conference

A proponent who intends to read written materials into evidence must provide copies to the Court and other counsel at the Pretrial Conference.

If written materials are to be read into evidence, copies of these materials shall be provided by the proponent to the Court and other counsel at the Pretrial Conference.

WARNING

Applies to

Pleading motion memorandum

Non-pro-se litigants must include their applicable Ohio Supreme Court attorney registration number in the signature block.

(1) Any non-pro-se litigants shall denote their applicable Ohio Supreme Court attorney registration number in the signature block.

WARNING

Applies to

Subsequent pleading

Must include

caption

Subsequent pleadings must identify a newly added party in the caption with the party’s name and address and the applicable designation of “new party plaintiff” or “new party defendant.”

(F) When a new party plaintiff or defendant is added to a case after its commencement, the caption of subsequent pleadings shall contain the name and address of the new party, followed by the specific designation of "new party plaintiff" or "new party defendant" as applicable.

WARNING

Applies to

Pleading motion memorandum

When counsel is an attorney firm, the filing must identify the attorney with primary responsibility and that attorney’s Ohio Supreme Court registration number.

(2) When the counsel is a firm of attorneys, the particular attorney within the firm having primary responsibility for the case and his or her Ohio Supreme Court attorney registration number shall be indicated thereon.

WARNING

Applies to

Address change notice

Counsel and pro-se litigants must file written notice of any address change, including the Ohio Supreme Court attorney registration number for each attorney.

(G) Counsel or pro-se litigants shall file with the Clerk written notice of any change of address. The notice shall include the Ohio Supreme Court attorney registration number for each attorney.

WARNING

Applies to

Pleading motion memorandum

Every pleading, motion, and memorandum must state the filer’s name, address, telephone number, fax number, and email address.

(E) Every pleading, motion, and memorandum filed shall have typed or printed on it the name, address, telephone number, fax number, and email address of the individual filing the same.