Athens County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Pleading

Attorneys must identify themselves as trial counsel and include their office address, ZIP code, email, telephone, and fax numbers on all pleadings; a law firm may not be named as trial attorney.

Attorneys shall designate their capacity as trial counsel on all pleadings in civil and criminal cases and shall include their office address, zip code, email address, telephone and fax numbers. A law firm is not to be named as trial attorney.

CRITICAL

Applies to

Motion response

A party responding to a motion must respond in writing.

All parties wishing to respond to such motion shall do so in writing not later than the fourteenth day following service of the motion upon the responding party.

CRITICAL

Applies to

Jury notification

The jury notification must include a separate questionnaire, which must be returned as directed on the notification form.

The notice summoning a person to jury service shall include a questionnaire eliciting essential information regarding that person. The questionnaire shall be a separate document enclosed with the standard jury notification and shall be returned to the court pursuant to the directions contained on the jury notification form.

CRITICAL

Applies to

Motion

Motions must be presented and filed within the applicable rules, in writing, and accompanied by sufficient memoranda stating their grounds and factual and legal basis.

All motions must be presented and filed within rule, in writing, accompanied by sufficient memoranda stating the grounds and factual and legal basis.

CRITICAL

Applies to

Pretrial motion

Case citations in pretrial motions must cite the official reports or the website using the indicated citation format.

Case citations shall be to the official reports or the website (2006-Ohio-1234).

CRITICAL

Applies to

Transcript request

Must include

case number

A transcript request must be in writing and identify the testimony, case number, and hearing date.

All requests for transcription of testimony from the recording made of any Court proceeding shall be in writing stating specifically the testimony to be transcribed, including case number and hearing date.

CRITICAL

Applies to

Stipulation or other document requiring multiple signatures

For a document requiring multiple signatures, the filer must confirm written agreement from all signers and indicate their agreement in the document.

When a stipulation or other document requires two or more signatures, the filing party or attorney will confirm in writing that the contents of the document are acceptable to all persons required to sign the document. The filer will indicate the agreement of all necessary parties at the appropriate place in the document, usually, the signature line(s).

CRITICAL

Applies to

Final entry

When a suspension is upheld but limited driving privileges are permitted, the petitioner must surrender the license to the Clerk with the final entry.

When the suspension is upheld but limited driving privileges permitted, the petitioner's license must be surrendered to the Clerk of Court with final entry.

CRITICAL

Applies to

Transcript

Electronic recordings may be transcribed by the Court Reporter or by a court-approved individual or service certified by the Court Reporter.

All transcription of electronic recordings shall be made by the Court Reporter, or by an individual or transcription service approved by the court to do transcriptions and certified by the Court Reporter.

CRITICAL

Applies to

Motion to redact eviction record

An application to redact an eviction record must be made by motion, served on the opposing party at their last known address, and filed separately by each defendant.

Application to redact an eviction record must be made by motion and served upon the opposing party at their last known address. The application is on an individual basis; each Defendant must file an application.

CRITICAL

Applies to

Pretrial motion

A cited case without an official-report or website reference must be attached to the motion.

Cases cited not having such references must be attached to the motion.

CRITICAL

Applies to

SADP agreement

To enter the SADP, the defendant must agree to its terms, sign the agreement, and waive speedy-trial rights.

3. Defendant enters the ADP by: a. agreeing to be bound by the terms of the ADP, b. signing the ADP agreement, and c. waiving his/her speedy trial rights.

CRITICAL

Applies to

Pretrial motion

Pretrial-motion issues must be identified specifically enough to advise which witnesses and evidence are needed at the evidentiary hearing.

Issues shall be identified with sufficient specificity to advise of the appropriate witnesses and evidence necessary to be present at the evidentiary hearing.

CRITICAL

Applies to

Jury view request

A written jury-view request must state why the view is material and identify the points of interest for the bailiff to announce.

Such writing shall specify the materiality of the view and the points of interest to be announced by the bailiff.

CRITICAL

Applies to

Jury service excuse or deferral request

Requests for jury-service excuses or deferrals must be submitted in writing or otherwise recorded, and the judge’s disposition must be in writing.

All requests for excuses or deferrals shall be submitted in writing or otherwise recorded and the disposition of the request shall be in writing by the judge.

CRITICAL

Applies to

Journal entry

A journal entry must identify which party will pay the court costs.

The journal entry shall state which party will pay the court costs.

CRITICAL

Applies to

Pretrial motion

Pretrial motions must be timely filed in writing and state the motion’s factual and legal issues.

All pretrial motions shall be timely filed and in writing which states the factual and legal issues for said motion.

CRITICAL

Applies to

Complaint

A complaint alleging use or possession of false identification must include the original false identification.

Where a complaint is filed alleging a violation of law involving use or possession of false identification, the original false ID(s) shall be attached to the complaint.

CRITICAL

Applies to

Contested account action

In a contested account action, the plaintiff must provide the specified account documentation, and judgment will not be granted unless those requirements are met.

1. If an action is contested, Plaintiff must provide sufficient documentation, including the following: a. The document establishing the account which names Defendant; b. A beginning balance of zero; c. The item or items, dated and identifiable by number or otherwise, representing charges, or debits and credits; and d. A running or developing balance which permits the calculation of the amount claimed to be due. 2. No judgment in a contested action will be granted unless these provisions are met.

CRITICAL

Applies to

Trial counsel withdrawal application

Must include

certificate of service

Counsel may withdraw from trial-counsel responsibility only with Court consent and must submit a written entry or motion stating the reasons, certifying service on opposing counsel and the party, and stating the trial date and time if set.

Counsel shall be permitted to withdraw from trial counsel responsibility only with the consent of the Court. No such application will be considered unless a written entry or motion is presented stating the reasons for the application, containing certification of service to opposing counsel and the party, and stating the time and date of trial, if set.

CRITICAL

Applies to

Appointed counsel application or financial affidavit

At arraignment, the jail must provide incarcerated defendants with appointed-counsel applications or financial affidavits and ensure completed forms are submitted to the Clerk.

C. The jail shall provide appointed counsel applications/financial affidavits to incarcerated defendants at their arraignments and shall cause those completed applications/affidavits to be submitted to the Clerk the same day as signed.

CRITICAL

Applies to

Final pretrial materials

At the final pretrial, counsel must prepare and present either proposed dismissal or sentencing entries with penalties, or a list of witnesses, anticipated evidentiary issues, and proposed jury instructions.

At the final pretrial, which is unlikely to be continued, counsel shall have prepared and present one of the following: a. Proposed dismissal/sentencing entries with proposed penalties; or b. A list of witnesses, anticipated evidentiary issues, and any proposed jury instructions.

CRITICAL

Applies to

Jury waiver

A jury waiver must be written, signed by the defendant, and made in open court.

All jury waivers must be in writing signed by the defendant in open court.

CRITICAL

Applies to

Electronically filed document source copy

A person filing electronically must preserve an exact source copy through the appeal period and produce it or a facsimile on request.

The person filing a document electronically shall maintain an exact copy of the source document upon which the electronic filing was based, either in an unalterable electronic format or on paper. The filing person shall retain this source document until final disposition of the case and through any appeal period. The filing person shall make the source document or a facsimile thereof available for production at the request of the court, the Clerk, other counsel or parties representing themselves.

CRITICAL

Applies to

Limited driving privilege application

Current proof of insurance must be submitted with the limited-driving-privilege forms.

Proof of current insurance and driving privilege application fee is required upon submitting forms to the court.

CRITICAL

Applies to

Document containing third party signatures

The filer must retain the paper original of a third-party-signed document through the appeal period and make it available for production and copying on request.

The filing party shall retain the original document in paper form until final disposition of the case and through any appeal period. The filing person shall make the original document available for production and copying at the request of the Court, the Clerk, other counsel, or other parties representing themselves.

CRITICAL

Applies to

Petition

Petitions under the cited statutes must include the petitioner’s complete name, the petitioner’s and Bureau’s addresses, date of birth, social security number, and operator’s license number, or the Clerk will not accept the petition for filing.

Petitions pursuant to Revised Code Section 4507.021 and 4511.191 must list petitioner's complete name including first, middle, and last name together with the address of petitioner and Bureau in addition to the petitioner’s date of birth, social security number, and operator’s license number. The Clerk shall not accept for filing any petition failing to contain all such items of required information.

CRITICAL

Applies to

Case readiness notice

Trial counsel, or an unrepresented party, must notify the court in writing when discovery is complete and the case is ready for trial or court action is needed to complete discovery and proceed.

It shall be the responsibility of trial counsel, or the party if unrepresented, to notify the court, in writing, when discovery is complete and a case is ready for trial, or when court action is required to complete discovery and proceed to trial.

CRITICAL

Applies to

Journal entry

Counsel for the prevailing party must prepare a journal entry for an order or judgment.

Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry.

CRITICAL

Applies to

Complaint

A complaint must state the political subdivision where the alleged offense occurred to be accepted for filing.

No complaint shall be accepted for filing that fails to state the political subdivision in which the offense is alleged to have occurred, so that the appropriate prosecutor can be involved.

CRITICAL

Applies to

Default judgment application

Prevailing counsel must submit an application for default judgment after the Clerk notifies counsel that the case has defaulted.

Upon notification from the Clerk that the case has defaulted, prevailing counsel shall submit an application for default judgment within fifteen days or the case will be dismissed for want of prosecution.

CRITICAL

Applies to

Compensation documentation

For indigent appeals, the transcribing entity must prepare and submit the appropriate compensation documentation.

In the case of indigent appeals, the transcribing entity shall prepare and submit the appropriate documentation for compensation.

CRITICAL

Applies to

Initial appearance letter or notice of appearance

Counsel may satisfy the defendant’s initial-appearance requirements by filing a letter or notice of appearance before the appearance date that states the plea, waives speedy-trial time, and requests a pretrial.

F. The requirements of the defendant’s initial appearance may be satisfied by counsel for the defendant filing a letter or notice of appearance with the court prior to the date of the initial appearance and setting forth all of the following: a. Plea on the defendant’s behalf; b. Waiver of the time for speedy trial; and c. Request that a pretrial be set.

CRITICAL

Applies to

Regular docket transfer

A case is transferred to the regular docket upon filing the required Motion and Affidavit or Counterclaim and paying the required costs.

Upon the filing of the Motion and Affidavit or Counterclaim required by Section 1925.10, Ohio Revised Code, and payment of the required costs, a case shall be transferred to the regular docket.

CRITICAL

Applies to

Eviction complaint

An eviction complaint must attach the required Notice to Leave Premises, served on the tenant at least four business days earlier, and must clearly describe the property.

The Clerk shall not accept for filing any Complaint seeking eviction unless such Complaint has attached a Notice to Leave Premises required by R.C. Chapter 1923 that has been served upon the tenant at least four business days earlier. A clear description of the property in question is also necessary, especially if the property is not physically marked or identified.

CRITICAL

Applies to

Traffic ticket

When an electronically produced ticket is issued at the scene, the officer must provide the defendant a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.

WARNING

Applies to

Change of trial counsel entry

A trial-counsel designation remains in effect until the case ends; a change is permitted upon filing an entry designating new trial counsel.

Once trial counsel has been designated, such designation shall remain until termination of the case. Change of trial counsel will be permitted upon the filing of an entry containing the designation of new trial counsel.

WARNING

Applies to

Written application for recording or photography

Recording or photographing court proceedings requires a court order obtained upon written application filed with the Clerk, subject to Rule 12.

Recording or photographing by any person of court proceedings shall not be permitted except upon order of the Court upon written application filed with the Clerk of Court and as otherwise mandated by Rule 12, Ohio Supreme Court Rules of Superintendence.

WARNING

Applies to

Audio recording copy request

Must include

case number

Any person may request an electronic copy of all or part of a proceeding's record by written request to the Court Reporter specifying the case number and hearing date.

Any person may request an electronic copy of the record of proceedings, or a portion thereof by submitting a written request to the Court Reporter, stating specifically the case number and hearing date.

WARNING

Applies to

Written application for recording or photography

Recording or photographing court proceedings requires a court order obtained upon written application filed with the Clerk, subject to Rule 12.

Recording, either by audio or visual means, or photographing by any person of court proceedings shall not be permitted except upon order of the Court upon written application filed with the Clerk of Court and as otherwise mandated by Rule 12, Ohio Supreme Court Rules of Superintendence.

WARNING

Applies to

Audio record retention request

Recordings are kept for five years and then deleted unless an appeal is pending and a request is filed to retain the recording longer.

All audio electronic recordings will be maintained on file for a period of 5 years. These will be deleted after 5 years unless an appeal is pending and a request is filed with the Court requesting that the recording be maintained for a longer period of time.

WARNING

Applies to

Journal entry

Counsel for the party who obtains an order of judgment must prepare the journal entry.

Counsel for the party in whose favor an order of judgment is rendered shall prepare the journal entry.