Auglaize County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Substitute judgment entry

If counsel cannot agree on the Entry’s form, or adverse counsel fails, neglects, or refuses to return it, prevailing counsel must submit a substitute Entry to the trial Judge with a notation that it was submitted to adverse counsel under the Rule.

If counsel are unable to agree on the form of the Entry, or if the same is prepared and submitted by counsel in whose favor the order, decree or Judgment is rendered, and counsel for the adverse party fails, neglects, or refuses to return such Entry, counsel in whose favor an order, decree or Judgment is rendered shall prepare a substitute Entry and submit the same to the trial Judge with the notation thereon that the same has been submitted to counsel for the adverse party pursuant to this Rule

CRITICAL

Applies to

Work release application

The applicant must declare that the information is true and accurate, subject to criminal penalties for falsification, and sign as Defendant.

I declare that the above information is true and accurate subject to criminal penalties for falsifying any of this information. _________________________________________ Defendant

CRITICAL

Applies to

Exhibit filing cover sheet

Must include

caption, judge name, case number

An exhibit filed separately must be attached to a cover sheet identifying the court, case, case number, judge, and exhibit, and the cover sheet must be signed and served under the rules for pleadings.

Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g. Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss), and shall be singed and served in conformance with the rules governing the signing and service of pleadings in this court. (See appendix for sample exhibit cover sheet.)

CRITICAL

Applies to

Sealing or expungement entry submission

The required Ohio Attorney General “Sealing and/or Expungement” Form must accompany the entry sent to the listed law enforcement agencies.

In the event a case is ordered sealed or expunged, the entry will be sent by certified mail unless otherwise ordered to all law enforcement agencies listed on the order, including BCI along with the “Sealing and/or Expungement” Form required by the Ohio Attorney General.

CRITICAL

Applies to

Fax filing cover page

Must include

judge name, page count, case number

Each fax filing must include a cover page with the court and case information, document title, transmission date and fax number, total page count, and a statement if a judge or case number has not been assigned.

(A) The person filing a document by fax shall also provide therewith a cover page containing the following information: (See appendix for sample cover page form.) (1) the name of the court; (2) the title of the case; (3) the case number; (4) the assigned judge; (5) the title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’, Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); (6) the date of transmission; (7) the transmitting fax number; (8) an indication of the number of pages included in the transmission, including the cover page; (9) if a judge or case number has not been assigned, state that fact on the cover page;

CRITICAL

Applies to

Pleading motion or other paper

Pleadings, motions, and other papers must be signed; rubber-stamp and unidentified third-party signatures do not satisfy Civil Rule 11.

The Clerk of this Court shall refuse to accept for filing any pleading, motion or other paper which is unsigned. A rubber stamp signature or the signature of an unidentified third- party not an attorney or party acting in a pro se capacity is not sufficient to satisfy Civil Rule 11.

CRITICAL

Applies to

Work release application and supporting documents

Each inmate must provide the Work Release Administrator with a copy of the application and supporting documents containing the required information and items.

Each inmate shall provide the following information and items to the Work Release Administrator by providing a copy of the application and supporting documents to the Work Release Administration:

CRITICAL

Applies to

Court proceedings

All proceedings before the court must be recorded by a duly appointed Court Reporter.

All proceedings before the Auglaize County Municipal Court shall be recorded by a duly appointed Court Reporter.

CRITICAL

Applies to

Document

Must include

certificate of service

Documents must include a certificate of service.

Must include a certificate of service.

CRITICAL

Applies to

Pleading or filing

A filing may not contain a person’s full Social Security number, subject to the stated warrant exception; the last four digits may be included at the filer’s discretion if relevant.

No party or any representative of any party shall cause to be filed in any civil or criminal case any pleading or filing that contains the full social security number of any person, and the Clerk shall not accept for filing any pleading or filing that violates this rule, except as provided in Rule 6(B)(2)(b) below. A party or representative thereof may, at their discretion, file a pleading or filing containing the last four numbers of a person’s social security number, if such number is relevant to the case or controversy.

CRITICAL

Applies to

Jury trial demand withdrawal

In a criminal case, a jury-trial demand may be withdrawn only through a writing signed by the defendant.

(A) When jury trial has been demanded in a criminal case, the demand may only be withdrawn in writing signed by the defendant.

CRITICAL

Applies to

Work release application

The application calls for an attached list of all real estate in which the applicant has an interest, including each property's location and value as shown in the relevant property records.

15. I have attached a list of all real estate I own any interest in, including the location and the value of each property as shown by parcel number on the Auditor’s records or appropriate records of the state where the property is located.

CRITICAL

Applies to

Unanswered discovery request

The Clerk will not accept unanswered discovery requests for filing.

Unanswered Discovery requests (interrogatories, requests for production of documents, etc.) shall not be accepted for filing by the Clerk.

CRITICAL

Applies to

Filed document

The filing party and counsel must remove personal and private information from filed documents, including attached exhibits and addenda.

It is the responsibility of the filing party and counsel to remove personal and private information from a document filed with the Clerk of Court’s office. The responsibility of the filing party and counsel to remove personal and private information extends to and includes exhibits or addenda attached to filings, such as preliminary and final judicial reports, which itemize state tax liens that use social security numbers as case numbers, or medical records.

CRITICAL

Applies to

Wage and income documentation

Participants must provide the administrator written documentation of wages and income immediately upon receipt.

All prisoners are required to provide the work-release administrator their written documentation of all wages and income immediately upon receipt,

CRITICAL

Applies to

Electronically filed document

Must include

certificate of service

An electronically filed document must include a certificate of service stating how each entitled party was served and using the required certification language.

A certificate of service on all parties entitled to service is still required when a party files a document electronically. The certificate must state the manner in which service was accomplished on each party to entitled. The certificate of service shall contain the following language: I hereby certify that I served the documents by process server, regular U.S. mail, commercial carrier, or electronic means (whichever is applicable) to the following (list of parties served) and the date served.

CRITICAL

Applies to

Special process server order

The Judge must sign the order, which must be filed with the Clerk; the Clerk records the entry and retains the original application and order.

(c) Filing. The order shall be signed by the Judge and shall be filed with the Clerk of Court who shall record the entry and retain the original Application and Order.

CRITICAL

Applies to

Motion

Each motion must be terminated in the appropriate Court by Journal Entry upon termination.

Each Motion, upon a termination, must be terminated in the appropriate Court by Journal Entry.

CRITICAL

Applies to

Entry of assignment

Counsel must state in the Entry of Assignment that a jury trial was waived and the matter submitted for decision by the Court.

Counsel shall set forth in the Entry of Assignment that a trial by Jury was waived and the matter submitted for decision by the Court.

CRITICAL

Applies to

Document

Documents must be signed.

Must be signed

CRITICAL

Applies to

Initiating pleading

When electronically filing an original complaint, third-party complaint, or pleading adding a party, the filer must electronically file service instructions as well.

Upon electronically filing the original complaint, third party complaint, or any pleading that adds a new party, the filing party shall also file instructions for service electronically.

CRITICAL

Applies to

Extension motion

A request for a further extension must include a written motion supported by an affidavit stating facts showing practical impossibility and good cause.

Where an additional extension of time beyond that provided by the foregoing paragraph is needed, the party desiring the extension shall file a written Motion supported by an affidavit stating facts indicating the practical impossibility of pleading within Rule and demonstrating good cause for further extension. The Motion and affidavit shall be served upon opposing counsel and the matter shall be heard at a time to be fixed by the Court. Motion and affidavit will be required even though consent of counsel is obtained if the extension is for a period of time beyond twenty-one (21) days.

CRITICAL

Applies to

Investigation report

The investigation report must address the application's timeliness and statutory basis, any fingerprint card, the defendant's prior record and pending criminal cases, and any associated human-trafficking victimization.

Upon filing of a Petition for either sealing or expungement of a record, the Court will order an investigation and a report will be filed with the Court, which shall include whether the application is timely filed, and if so, under which provision of the Ohio Revised Code; a copy of the Defendant’s fingerprint card, if any was taken; the prior record of the Defendant; records of any pending criminal cases. The report shall also note if the Defendant was a victim of human trafficking associated with this investigation.

CRITICAL

Applies to

Motion for relief from judgment

A motion for relief from judgment under Civil Rule 60(B) requires evidentiary-quality operative facts showing a meritorious claim or defense, a qualifying ground for relief, a reasonable filing time, and presentation of a proper pleading with the motion.

No Motion for Relief from Judgment pursuant to Civil Rule #60(B) shall be granted by the Court unless the Movant has demonstrated the satisfaction of the Court by operative facts of evidentiary quality that: 1.) The Movant has a meritorious defense or claim to present if Relief is granted; 2.) The Movant is entitled to Relief under one of the grounds stated in Civil Rule 60(B)(1)(5); 3.) The Motion is made within a reasonable time; 4.) Such party in Default presents and offers to file a proper Pleading in the case together with the Motion for Relief.

CRITICAL

Applies to

Transcript request motion

A transcript request must be made by written motion, include a request for the Reporter’s cost estimate, and be copied to the Court Reporter.

Requests for transcriptions of testimony from the recordings of any cases shall be made in writing by Motion with the Court, with a copy to be served upon the Court Reporter. The Motion shall request an estimated cost of the transcript from the Court Reporter.

CRITICAL

Applies to

Work release earnings record

Work-release participants must provide the administrator a written earnings record each week.

All prisoners will provide to the work-release administrator a written record of earnings on a weekly basis while on the work-release program.

CRITICAL

Applies to

Transcript

Only a duly appointed and sworn Court Reporter may prepare a transcript.

No transcript shall be prepared by other than a duly appointed and sworn Court Reporter as set forth and certified in Third Appellate District Court of Appeals, Rule #5 .

CRITICAL

Applies to

Default judgment motion

Each motion for default judgment must be accompanied by a proposed Judgment Entry.

All Motions for Default Judgment shall be accompanied by a proposed Judgment Entry.

CRITICAL

Applies to

Notice of appeal

When counsel determines an indigent defendant's appeal is meritorious, counsel must advise the defendant of the appeal rights and grounds and file a Notice of Appeal.

Defense counsel, upon determination that an appeal is meritorious, shall advise the indigent Defendant of her rights of appeal, the grounds for the appeal, and file the Notice of Appeal.

CRITICAL

Applies to

Amended rule

The Presiding Judge of each court must provide a copy of the amended Rule to the Ohio Supreme Court in accordance with the Rules of Superintendence.

The above Rule is hereby amended, effective February 7, 2025, and the Presiding Judge of each court shall cause a copy of the Amended Rule to be provided to the Ohio Supreme Court in accordance with the Rules of Superintendence.

CRITICAL

Applies to

Default judgment application

A default-judgment application must state whether moving counsel has been contacted by the defaulting party or its counsel and, if so, the extent of that contact.

Said application shall recite that the moving counsel has not been contacted by the Defaulting party or counsel for the Defaulting party, or if such contact has been made, the extent to which such contact has been made.

CRITICAL

Applies to

Default judgment

At the designated default-judgment proceeding, a party seeking unliquidated damages or entitled to a jury trial must present proper evidence supporting the allegations and pleadings.

In all cases where a party is seeking unliquidated damages or is entitled to a Jury trial, at a time designated for Default Judgment, the party entitled to Judgment shall present proper evidence in support of the Allegations and Pleadings for consideration by the Court and Judgment shall be rendered according to the evidence and law applicable.

CRITICAL

Applies to

Jury trial demand withdrawal

In a civil case, a jury-trial demand may be withdrawn only by a waiver executed by a party or counsel.

(B) When a jury trial has been demanded in a civil case, the demand may only be withdrawn by a waiver executed by either parties or their counsel.

CRITICAL

Applies to

Application

Applications must be sworn; an application covering multiple cases must list each case number on its face and include a separately signed original copy for each case.

All applications must be duly sworn to as indicated on the application. An application may request relief in more than one case in this court by listing each case number on the face of the application, but a separate copy of the application shall be provided to the court for each case listed, and each separate copy shall be signed with an original signature under oath or affirmation and shall be considered a separate application.

CRITICAL

Applies to

Juror questionnaire

Counsel may not copy the provided juror questionnaires and must return them to the Court promptly after voir dire.

Counsel may not copy the Juror questionnaires furnished to them, and must return the jury questionnaires to the Court promptly after voir dire.

CRITICAL

Applies to

Judgment entry

An approved Judgment Entry must be endorsed as approved and furnished to the Court.

When approved by counsel, it shall be so endorsed and furnished to the Court.

CRITICAL

Applies to

Objection

Each objection must state whether an oral hearing is requested or the objection is submitted in writing only, and must set out its basis with particularity.

If an objection is filed, it shall indicate whether an oral hearing is requested, or is submitted on their written objection only. All objections shall set forth the basis with particularity.

CRITICAL

Applies to

Fax filing

An exhibit that cannot be accurately faxed must be replaced by an insert page describing the exhibit and why it is missing.

Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing.

CRITICAL

Applies to

Pleading motion brief memorandum or argument

Must include

certificate of service

A certificate of service must be attached to the specified filing and state who was served and the date and manner of service.

Proof of service shall be by certificate of service attached to such Pleading of a Motion, Brief, Memorandum or Argument, and shall include the names of attorneys and/or parties served, and the date and manner of such service.

CRITICAL

Applies to

Transcript request motion

A transcript-request motion must identify the testimony to be transcribed.

The Motion shall further set forth the testimony to be transcribed.

CRITICAL

Applies to

Pleading

Pleadings must include counsel’s name, address, and telephone number, the primary attorney’s name when applicable, the current address of each party, and a legible original signature.

All such Pleadings shall contain the name, address and telephone number of counsel, the name of the attorney having primary responsibility for the case where counsel is a firm of attorneys or there is co-counsel and the current address of all parties to the action. All such pleadings shall contain a legible, original signature.

CRITICAL

Applies to

Work release submission

At or after sentencing, the inmate’s attorney must assist in submitting the required documentation and proposed Work Release Agreement to the court, with a copy for the WRA.

B. At or after sentencing, inmate’s attorney shall assist inmate in submitting the above documentation and proposed Work Release Agreement to the court with a copy for the WRA.

CRITICAL

Applies to

Work release agreement

An inmate must sign a Work Release Agreement approved by the sentencing judge before participating in the program.

The inmate shall sign a WORK RELEASE AGREEMENT 2 as approved by the sentencing judge prior to participation.

CRITICAL

Applies to

Notice of bankruptcy filing

The written bankruptcy notice filed with the Clerk must include the stay order or other documentation confirming the bankruptcy filing and its date.

Whenever any party to an action pending in this Court files bankruptcy, the attorney of record or the party, if acting in a pro se capacity shall, within fifteen (15) days after filing bankruptcy, file written Notice of Filing with the Clerk of this Court. Such Notice shall include a copy of the Order Staying State Court actions or other appropriate documentation confirming and giving the date of such filing.

CRITICAL

Applies to

Judgment entry

Entries submitted to the Court must include sufficient copies for each party or counsel; the Clerk will reject an Entry lacking those copies and will serve a copy on each party or counsel immediately upon filing.

All such Entries shall be submitted to the Court with sufficient copies to provide each party with a copy thereof. The Clerk of Courts will not accept for filing any Judgment Entry unless it is accompanied by sufficient copies for each party or counsel in the cause, and the Clerk shall immediately, upon the filing of any such Entry, cause each party or counsel to be served a copy of such Entry.

CRITICAL

Applies to

Motion for dismissal

A party moving for dismissal under Civil Rule 41(B)(2) must submit written proposed findings of fact and conclusions of law with the motion.

A party moving for dismissal pursuant to Civil Rule #41(B)(2) shall submit to the Court proposed findings of fact and conclusions of law in writing together with his Motion for Dismissal.

CRITICAL

Applies to

Deposition certification

The Notary must number objections consecutively and attach the record to the certification filed with the Clerk.

The Notary will then number the objections consecutively and attach this record to the certification when filed with the Clerk.

CRITICAL

Applies to

Motion

A transfer motion must state the claimed defenses and include an affidavit of supporting facts; untimeliness or omission of the affidavit may be grounds for denial.

The motion shall set forth the defenses claimed and shall include an affidavit stating facts consistent with the defense alleged. Failure to timely file the motion or to attach the affidavit of facts shall be sufficient grounds for the denial of the motion.

CRITICAL

Applies to

Amended pre trial statement

At the Court’s discretion, counsel shall file within five (5) days after the Pre-trial, an amended Pre-trial Statement, including those items contained in paragraph (B), above.

At the Court’s discretion, counsel shall file within five (5) days after the Pre-trial, an amended Pre-trial Statement, including those items contained in paragraph (B), above.

CRITICAL

Applies to

Motion for transcript cost estimate

When filing the Notice of Appeal, counsel must also move for an estimate of the cost of the transcript portion needed to perfect the appeal.

At the time of the filing of the Notice of Appeal, counsel shall: 1.) File a Motion with the trial Court requesting an estimated cost of that part of the transcript required to perfect the appeal.