Auglaize County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Legal notice for publication

Counsel seeking service by publication must submit the proposed legal notice to the Clerk of Courts.

(B) Counsel for a party desiring service by a publication shall submit to the Clerk of Courts the proposed legal notice for such publication.

CRITICAL

Applies to

Pre trial statement

Each civil-case Pre-trial Statement must include the facts, issues, legal propositions with cited authorities, witness information, demonstrative evidence and exhibits, a settlement demand or offer, and an estimate of trial time.

In all Civil cases, Pre-trial Statements by all parties shall be filed with the Court at least three (3) days before date of Final Pre-trial. They shall include the following: 1.) A statement of the facts giving rise to the claim or defense, and/or counter- claim. 2.) A comprehensive statement of the issues involved. 3.) Propositions of law or positions supported by law with at least two (2) or three (3) authorities cited. 4.) List of and addresses of witnesses who will be appearing on behalf of the party, including a short statement of testimony of witnesses. Witness lists shall be furnished to the Court Reporter. 5.) A list of all demonstrative evidence or exhibits which will be offered on date of trial. Exhibits shall be marked, in accordance with Court Reporter’s instructions, and exhibits shall be exchanged with copies to Court and Court Reporter. 6.) A demand or offer for settlement. 7.) An estimate of trial time.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Each proposed order or entry must identify the specific motion to which it applies.

A proposed order or proposed entry shall be submitted and reference the specific motion to which it applies.

CRITICAL

Applies to

Proposed findings conclusions

Opposing counsel must submit their proposals for findings and conclusions.

Within five (5) days after receipt of such proposed statement of findings of fact and conclusions of law, opposing Counsel shall submit and similarly serve their proposals.

CRITICAL

Applies to

Work release agreement

The agreement must include proof of the participant’s relationship to the children and proof of payments.

(Attach proof of your relationship to them, and proof of your payments.)

CRITICAL

Applies to

Continuance request

A continuance request based on a conflict with a scheduled trial date must be accompanied by a copy of the order creating the conflict.

After a trial date is scheduled, counsel who has a conflict with a scheduled trial date should immediately apply for Continuance so that their case may be rescheduled and a replacement case inserted instead; also, requests must be accompanied by a copy of the Order creating the conflict.

CRITICAL

Applies to

Proposed findings conclusions

A party requesting separate findings and conclusions must submit a statement of proposed findings of fact and conclusions of law.

When a party requests the Court to state its findings of fact separately from its conclusions of law under the provisions of Civil Rule #52, the party requesting such statement shall within five (5) days after receipt of notice of the Court’s decision, submit to the Court a statement of proposed findings of fact and conclusions of law and shall serve copies thereof on all opposing parties or their Counsel.

CRITICAL

Applies to

Motion or exception

Motions not governed by Civil Rules 65 and 75, and any motion or exception subject to the requirement, must be accompanied by a brief or memorandum stating the grounds and authorities.

Motions not expressly governed by Civil Rule #65 and Civil Rule #75, shall have attached thereto and is accompanied by a Brief stating the grounds thereof and citing the authorities relied upon. The Clerk shall not accept for filing any Motion or Exception that is not accompanied by such Memorandum or Brief.

CRITICAL

Applies to

Court record transcript

Transcripts for the court record must be prepared by the Court Reporter under the Court’s control and direction, with charges assessed by the Court.

Transcription from the recording for the Court record shall be made by the Court Reporter, under the control and direction of the Court and shall be paid for at rates assessed by the Court.

CRITICAL

Applies to

Fax filing

(A) A party who wishes to file a signed source document by fax shall either: (1) fax a copy of the signed source document; or (2) fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document. (B) A party who files a signed document by fax represents that the physically signed source document is in her possession or control.

(A) A party who wishes to file a signed source document by fax shall either: (1) fax a copy of the signed source document; or (2) fax a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document. (B) A party who files a signed document by fax represents that the physically signed source document is in her possession or control.

CRITICAL

Applies to

Special process server application

A person applying for Special Process Server designation must submit an application supported by an affidavit containing the listed identifying information, eligibility, and agreements.

(a) Application. A person may apply to be designated as a “Special Process Server” for cases filed in the court by filing an application supported by an affidavit setting forth the following information: (1) The name, address, and telephone number of the applicant (2) That the applicant is eighteen years of age or older (3) That the applicant agrees not to accept service of process on any case in which the applicant is a party or counsel for a party (4) That applicant agrees to follow the requirement of Civil Rule 4.1 through 4.6, any applicable local rules, and specific instruction for service as ordered by the Court in individual cases.

CRITICAL

Applies to

Document with multiple signatures

Before filing a document with multiple signatures, the filer must confirm that the other signers agree.

A document bearing more than one signature requires the filer to confirm agreement of the other signer before filing.

CRITICAL

Applies to

Continuance judgment entry

If a continuance is granted, the applicant must prepare a judgment entry stating the reason, requesting attorney, and new date certain, after first obtaining the date from the Assignment Commissioner.

If the request is granted, the applicant shall prepare a Judgment Entry which contains the reason for the Continuance, the name of the attorney who made the request and the new date certain to which the matter has been continued, which dates shall be first obtained from the Assignment Commissioner.

CRITICAL

Applies to

Pleading motion or memorandum

A pleading, motion, or memorandum must be accompanied by a copy for the Clerk to forward to the Judge and sufficient copies for service or return to the filing party.

The Clerk of Courts shall not accept for filing any Pleading, Motion or Memorandum unless it is accompanied by a copy thereof, which copy the Clerk shall forthwith forward to the Judge, plus sufficient copies for service and/or return to the filing party.

CRITICAL

Applies to

Final earnings and income record

Participants must provide a final written earnings and income record to settle their obligations before or after discharge.

and also their final written record of earnings and income to settle their obligations prior to or after discharge.

CRITICAL

Applies to

Document filed or submitted to court

A person filing or submitting a document must omit personal identifiers, including full Social Security numbers and financial account numbers, subject to the stated definition.

A person filing or submitting a document with the Court or the Clerk of Court shall comply with Rule 44 through 47 of the Rules of Superintendence for the Courts of Ohio by not including in any document “personal identifier”: Superintendence Rule 44(H) – “Personal identifier” means social security numbers, except for the last four digits; financial account numbers, including but not limited to debit card, charge card, and credit card numbers; employer and employee identification numbers; any other information deemed personal and private by any federal or state statute, regulation, executive order, or court ruling.

CRITICAL

Applies to

Scheduling conference statement

A scheduling conference statement need not be filed unless the Court specifically directs it; if ordered, it must cover the matters listed in paragraph (D).

Scheduling Conference Statements need not be filed unless specifically directed by the Court. In the event such order is made, the statement will cover the matters set forth in paragraph (D) below.

CRITICAL

Applies to

Motion for approval of transcript cost estimate

When filing the Notice of Appeal, counsel must also move for approval of the transcript cost estimate.

At the time of the filing of the Notice of Appeal, counsel shall: 3.) File a Motion with the Trial Court asking for approval of the cost estimate for the payment of the cost of the transcript.

CRITICAL

Applies to

Order requiring personal identifiers

Personal identifiers needed for an order, such as an arrest warrant or garnishment order, must be on a separate document that the Clerk maintains separately and transmits as needed to carry out the order.

When issuing orders or other documents that require personal identifiers such as on arrest warrants or garnishment orders, those personal identifiers shall be provided on a separate document and not be a part of the case document. That document shall be maintained by the Clerk in the same manner as the personal identifier information sheet, and shall be transmitted by the Clerk to the Sheriff, law enforcement agency, garnishee, or other appropriate party or person as needed to carry out the warrant or order as appropriate.

CRITICAL

When omitting personal identifiers from a case document, parties must submit that information to the Court or Clerk on Form 5.1.

The parties when omitting personal identifiers from a case document shall submit that information to the Court or Clerk on a separate form designated by the Court in this rule as Form 5.1.

CRITICAL

Applies to

Earnings record

Each inmate must provide the Work-Release Administrator with a written earnings record for every pay period while participating in work release.

Each inmate shall provide to the Work-Release Administrator a written record of earnings on a per pay period basis while on work-release program.

CRITICAL

Applies to

Financial disclosure form

The Financial Disclosure Form OPD-206R must be completed and attached.

FILL OUT AND ATTACH THE FINANCIAL DISCLOSURE FORM OPD-206R.

CRITICAL

Applies to

Electronically filed document

Electronically filed documents are deemed signed by the submitter and must use the specified signature format.

Every electronically filed pleading, motion, order, judgment or document is deemed signed by the judge, magistrate, clerk, attorney, party, or person who submitted it. Signatures shall be in this format:  /s/ Attorney Name  Attorney Bar Number (unless self-represented litigant)  Firm name  Identity of party represented  Address  Telephone number  Fax number  E-mail address

CRITICAL

Applies to

Motion for appointment of defense counsel

When filing the Notice of Appeal, counsel must also move for appointment of defense counsel on the defendant's behalf.

At the time of the filing of the Notice of Appeal, counsel shall: 2.) File a Motion with the trial Court on behalf of the Defendant requesting the appointment of defense counsel.

CRITICAL

Applies to

Discovery submission

When discovery cannot be completed informally, the party seeking discovery must notify the Court in writing and submit a statement describing resolution efforts, remaining disputes, conference details, and participants.

(B) At such time as Discovery cannot be completed informally, the party seeking Discovery shall advise the Court in writing and file such Interrogatory requests, Motions, Applications and Protective Order requests as may be necessary or advisable to counsel for protecting the interests of their client. Such statements shall recite efforts made to resolve differences informally. In addition, such statements shall recite those matters that remain in dispute, and in addition, the date, time and place of such conferences, and names of all parties participating therein.

CRITICAL

Applies to

Work release application

The application calls for copies of the current pay stub, most recent time card, valid Ohio driver's license, valid health insurance card, and, if applicable, current valid auto insurance card.

2. Defendant has attached hereto a copy of his current pay stub (identifiers deleted), a copy of his most recent time card (Y or N), a copy of his valid Ohio Driver’s License (identifiers deleted) (valid Y or N), a copy of his valid health insurance card (identifiers deleted) (valid Y or N), and if applicable a copy of his current valid auto insurance card.

CRITICAL

Applies to

Affidavit

When a party defaults by failing to appear, the party seeking judgment must file an affidavit addressing the defaulting party’s military-service status, with an alternative affidavit if unable to establish that the party is not in military service.

In any action or proceeding commenced in this Court, if there shall be a Default of any appearance by any party, the party seeking Judgment shall file with the Court an affidavit setting forth facts showing the party in Default is not in the military service. If unable to file such affidavit, the party seeking Judgment shall in lieu thereof file an affidavit setting forth that the party in Default is either in the military service or the affiant is not able to determine whether or not such Defaulting party is in the service, so that before Judgment can be entered, further Civil proceedings shall be had pursuant to the Soldiers and Sailors Civil Relief Act (50 U.S.C. 520 et seq.).

CRITICAL

Applies to

Video deposition

A written transcript of the testimony must accompany every filed video deposition.

All Video Depositions shall be filed no later than fourteen (14) days before trial and shall be accompanied by a written transcript of the testimony.

CRITICAL

Applies to

Application

Incomplete applications will be summarily dismissed.

Applications that are incomplete will be summarily dismissed.

CRITICAL

Applies to

Pro hac vice registration

Pro hac vice counsel must register and comply with Rule XII, then certify that compliance to the Court as soon as practicable.

Counsel shall forthwith register and fully comply with said Rule XII, and shall certify the same to this Court as soon as practicable.

CRITICAL

Applies to

Response to objections

An applicant's response to timely objections must indicate whether the applicant will rely on the case documentation or request an oral hearing.

If objection(s) are filed timely, the applicant shall have 15 days from the proof of service to respond to objections, if any, and shall indicate whether the applicant will rely upon the documentation in this case, or request an oral hearing.

CRITICAL

Applies to

Application

Applicants must submit the Court's Application Form and attest to it in accordance with the form's requirements.

The Court will post on its website: 1. An explanation of the procedures relating to sealing and expungement of records as an informal guide to assist lawyers and pro se applicants; and 2. An Application Form which shall be required to be submitted by any applicant, and attested to in accordance with that form requirements.

CRITICAL

Applies to

Discovery certificate

Must include

caption

Counsel demanding discovery must file a certificate with the caption, type of discovery, responding party, recipient counsel’s name and address, and mailing date.

Counsel demanding Discovery shall file with the Clerk of Courts a one (1) page certificate bearing the caption, the type of Discovery requested, the name of the party required to respond, the name and address of the counsel to whom the demand for Discovery was directed, and the date of mailing.

CRITICAL

Applies to

Fax cover page

The fax cover page must provide the filer’s listed contact and registration information when available and, if applicable, explain how costs are being submitted.

(10) the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and (11) if applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Special process server order

An applicant requesting designation must submit an order with the specified caption and appointment language.

(b) Order. The applicant requesting the designation shall submit an order captioned “In Re the Appointment of (name of applicant) As Standing Special Process Server” and stating the following: “It appearing to the Court that the Applicant is eligible for appointment as a Special Process Server, (name of applicant) is hereby designated a Special Process Server authorized to make service of process in all cases filed with the Court, and to serve one year from the filing of this Order.”

WARNING

Applies to

Jury service excusal request

The Court may require a juror seeking excusal for undue or extreme physical or financial hardship to provide supporting documentation.

(E) A juror who requests an excuse from service due to undue or extreme physical or financial hardship may be required to provide the Court with documentation supporting the request to excuse service.

WARNING

Applies to

Trial brief

Counsel may file trial briefs at their discretion, but must file them upon the Judge’s request; filed briefs must contain the questions of law involved.

Preliminary to the trial of cases assigned for trial, counsel may, within their discretion, or counsel shall upon request of the Judge, file Trial Briefs containing questions of law involved in the case.

WARNING

Applies to

Agency records

Upon request of the Probation Department, relevant law enforcement agencies and CSEA must provide the specified applicant records and child-support information.

In order to comply with R.C. Chapter 2953, upon request of the Probation Department, all relevant law enforcement agencies shall provide a copy of the record of the applicant’s fingerprints, prior record, and pending cases, if any, and information concerning whether the applicant was the victim of human trafficking; and all CSEA shall provide information about child support arrearages and payments sought.

WARNING

Applies to

Email filing cover page

If no judge or case number has been assigned, that fact must be stated in the designated space on the e-mail filing cover page.

**If a Judge or case number has not been assigned, please state that fact in the space provided.

WARNING

Applies to

Original filed document

The filing party must retain the original document until the specified appeal and post-judgment periods have ended.

The filing party shall keep the original document until the case is closed and the time for appeal has expired or the appeals have been heard or denied and all opportunities for post judgment relief have been exhausted.

WARNING

Applies to

Request for view

A request for a view of the premises or scene must be made in writing.

Any party or their Counsel, who requests a view of the premises or scene, must make a request in writing for such not later than seven (7) days prior to the scheduled date of trial.

WARNING

Applies to

Fax filing source material

A fax filing is accepted as the effective original, but the filer must retain the original-signed source document and source cover sheet, make them available to the Court on request, and keep the source document until the case and post-judgment relief opportunities are concluded.

(A) A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. (B) The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.

WARNING

Applies to

Deposition filing

The filing party or Court Reporter must include the name and address of the deposing attorney or the party paying for the deposition.

(E) The filing party/Court Reporter shall include the name and address of the deposing attorney or the party paying for the deposition to allow the Clerk of Court to notify the proper party when the time comes to dispose of the deposition.

WARNING

Applies to

Public document

The Clerk and Deputy Clerks are not responsible for removing personal or private information from public filings.

The Clerk of Courts and Deputy Clerks shall have no responsibility for the removal of any personal and private information filed in a public document in the Clerk of Court’s office.