Avon Lake Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Dismissal confirmation

If dismissal is requested by telephone, the person must immediately send written confirmation of the dismissal.

In the event the contact is by telephone the person shall immediately send confirmation of the dismissal in writing.

CRITICAL

Applies to

Motion

Must include

certificate of service

Each motion must include a certificate attesting that it was served on the opposing party or, if represented, that party’s counsel.

(B) Each motion shall include a certificate of service attesting to service upon the opposing party or, if represented by counsel, upon counsel for such party.

CRITICAL

Applies to

Trial document

A party presenting a document at trial must provide three copies when introducing it.

A party desiring to present a document shall present 3 copies of each document at the time of introducing the document at trial.

CRITICAL

Applies to

Objections

Objections must be written and include the filing party's signed statement that copies were served on all other parties by regular mail.

Objections must be in writing and shall contain a statement signed by the filing party that copies have been served on all other parties by regular mail.

CRITICAL

Applies to

Jury instructions

In jury cases, attorneys seeking specific instructions must file proposed jury instructions at least seven days before trial.

(C) In all jury cases, attorneys for all parties desiring specific jury instructions shall, at least seven days prior to trial, file proposed jury instructions with the court, and serve the same upon opposing counsel.

CRITICAL

Applies to

Stenographic recording motion

A party seeking stenographic recording must arrange and pay for a court reporter and file a written motion asking that the reporter be named the official reporter.

In the event a party desires recording by stenographic means, such party must arrange for the presence and payment of a court reporter and file a written motion requesting that such individual be named as the official reporter for the hearing.

CRITICAL

Applies to

License suspension appeal

BMV suspension appeals and driving-privilege petitions must include the listed information; the excerpt begins with a copy of the BMV Suspension Notice and continues beyond the supplied text.

All appeals filed from suspensions imposed by the Bureau of Motor Vehicles or petitions for driving privilege from suspensions imposed by the Bureau of Motor Vehicles shall contain the following information: 1. Copy of BMV Suspension Notice; or

CRITICAL

Applies to

Indigency motion and affidavit

A party representing that they are indigent must file a written motion and an affidavit stating their income and expenses for the court to rule on.

(B) Upon representation that a party is indigent, such party shall file a written motion and affidavit setting forth his or her income and expenses, and the court shall rule upon the same.

CRITICAL

Applies to

Continuance request

A continuance request must be in writing and include the listed case information, reason, trial date and time, notification statement, and signature.

(B) The request shall be in writing and shall include: 1. The case caption and case number; 2. The reason for the request; 3. The date and time of the scheduled trial; 4. A statement signed by the moving party that he or she has notified the other parties in writing by ordinary United States mail of the request; and 5. The signature of the party requesting the continuance, or of his or her attorney.

CRITICAL

Applies to

Entry of appearance

Counsel’s entry of appearance must be in writing and include counsel’s name, mailing address, fax number, email address, and attorney registration number.

All entries of appearance of counsel in an action shall be in writing and shall include the name, mailing address, facsimile, e-mail address and attorney registration number.

CRITICAL

Applies to

Ticket

Each ticket must conform to the Ohio Uniform Traffic Ticket and include its court record, abstract, defendant’s copy, and agency record.

Each ticket shall conform with the Ohio Uniform Traffic Ticket (UTT) in the Appendix of Forms to the Ohio Traffic Rules including the court record, abstract of court record, defendant’s copy and agency record.

CRITICAL

Applies to

Appeal or petition

Must include

case number

Appeals and petitions must be requested under the underlying traffic case number.

Said appeals and petitions are to be requested under the underlying traffic case number

CRITICAL

Applies to

Plea recommendation

Recommendations to withdraw, reduce, or dismiss charges and their reasons must be stated by the Prosecuting Attorney in open court or specifically put in writing in the case file or plea Judgment Entry, and are not binding unless the court approves them.

All recommendations for withdrawal, reduction or dismissal of charges and the reasons therefore shall be made in open court by the Prosecuting Attorney, or shall be specifically set forth in writing in the case file or in the Judgment Entry setting forth the plea. No such recommendation shall be binding until and if approved by the Court.

CRITICAL

Applies to

Continuance motion

A continuance motion must be in writing and include a supporting brief stating the reasons for the request.

All motions for continuances shall be submitted to the court in writing and shall include a brief in support setting forth the reasons requiring the continuance.

CRITICAL

Applies to

Motion to transfer

A motion to transfer must accompany a counterclaim, cross-claim, or third-party claim that exceeds the Small Claims Division's jurisdiction.

When a counterclaim, cross-claim or third party claim exceeds the jurisdiction of the Small Claims Division, a motion to transfer must accompany it.

CRITICAL

Applies to

Trial evidence

Documents and witnesses a party wants considered must be produced at trial and cannot be produced afterward.

Any documents and witnesses that a party desires to be considered must be produced at the time of trial and cannot be produced afterwards.

CRITICAL

Applies to

Jury demand

A defendant seeking a jury trial must file a timely written jury demand unless the defendant is otherwise entitled to a jury trial by law.

(N) All trials will be scheduled before the court unless the defendant files a timely written jury demand or is otherwise afforded a right to trial by jury pursuant to law.

CRITICAL

Applies to

Continuance motion

A continuance motion based on counsel’s same-day hearing in another court must include a copy of that court’s notice.

When a continuance is sought for the reason that counsel is scheduled to appear in another case assigned for hearing on the same date in another court, counsel shall attach a copy of the notice received from the other court.

CRITICAL

Applies to

Trial brief

A trial brief must state the issues and authorities, and list the party’s intended witnesses and trial exhibits.

(B) The briefs shall state the issues involved in the case, authorities upon which counsel intends to rely at trial, a list of witnesses the party intends to call and a list of all exhibits the party intends to introduce at trial.

CRITICAL

Applies to

Objections

Objections must summarize the trial evidence, state their grounds with particularity, be signed by the objecting party, and be sworn before a notary public.

Objections shall summarize the evidence presented at trial and shall state with particularity the grounds for the objection. They shall be signed by the objecting party and be sworn before a notary public.

CRITICAL

Applies to

Motion to withdraw

After appearing, counsel may withdraw only with written leave of court for good cause.

Once counsel has entered an appearance counsel may withdraw from a case only by written leave of court for good cause shown.

CRITICAL

Applies to

Motion

Each motion must be supported by a brief citing applicable case and statutory law.

(C) Motions shall be supported by a brief citing applicable case and statutory law.

CRITICAL

Applies to

Court document

Documents filed by an attorney must include the attorney’s Supreme Court registration number or they may be refused or stricken.

All documents filed with the Court by an Attorney shall include the attorney registration number issued by the Supreme Court. Any document that does not include the registration number may be refused by the Clerk for filing or stricken by the Court.

CRITICAL

Applies to

Motion

Motions must comply with Crim. R. 12, clearly state their grounds and supporting citations, and attach copies of foreign, federal, and unreported decisions; noncompliant or untimely motions may be summarily overruled.

(H) All motions shall be made in conformity with Crim. R 12. All motions shall set forth clearly and specifically the grounds for the Motion and supporting citations (copies of foreign, federal and unreported decisions to be attached). Any motions filed, which are not in compliance with this Rule, or with the applicable Rules of Criminal procedure, or are untimely filed, may be summarily overruled.

CRITICAL

Applies to

Certificate of title

In a motor vehicle collision case, a party seeking damages must submit the vehicle's certificate of title at trial; vehicle registration will not be accepted as evidence.

In cases involving a motor vehicle collision, the party seeking damages must submit at trial a certificate of title for the subject vehicle demonstrating his or her ownership. Vehicle registration will not be accepted as evidence.

CRITICAL

Applies to

Third party complaint

A party seeking to join a new party must file a third party complaint at least ten days before trial.

(A) Any party seeking to join a new party to a pending case must file a third party complaint at least ten days before the scheduled trial date.

CRITICAL

Applies to

Small claims petition

An incorporated business or limited liability company must have an officer sign its Small Claims Petition.

(A) If the business is incorporated or is a limited liability company then an officer must sign the Small Claims Petition.

CRITICAL

Applies to

Discovery refusal statement

A defendant who refuses discovery under the Rule must file a statement with the court confirming the refusal.

In the event the Defendant refuses discovery as set forth in this Rule the Defendant shall file a statement with the court that the Defendant has refused discovery.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must state the complaint filing date, how service was perfected, proof of service, and the answer date.

(A) Motions for default judgment shall be in writing and clearly state the date the complaint was filed, the manner in which service was perfected, proof of service and the answer date.

CRITICAL

Applies to

Motion to suppress

A motion to suppress must specify the items of evidence at issue.

In Motions to Suppress, the items of evidence shall be specified.

WARNING

Applies to

Video hearing objection

A defendant may object personally, or counsel may object in writing, to video proceedings; if an objection is made, the proceeding must be held in person.

(C) In the event the defendant personally or through counsel in writing objects to the matter being held by video transmission, the proceedings shall take place in person in the courtroom.

WARNING

Applies to

Written plea

In lieu of the initial appearance, and except as otherwise provided in this Rule, an attorney may enter a plea in writing provided the attorney waives the time for speedy trial, and requests that a pretrial be scheduled.

In lieu of the initial appearance, and except as otherwise provided in this Rule, an attorney may enter a plea in writing provided the attorney waives the time for speedy trial, and requests that a pretrial be scheduled.

WARNING

Applies to

Small claims petition

A properly signed Small Claims Petition may be filed in person by anyone or mailed with the appropriate filing fee.

(B) Anyone can physically file a Small Claims Petition that has been properly signed by an officer or owner (or a properly completed Small Claims Petition can be mailed with the appropriate filing fee).

WARNING

Applies to

Pretrial hearing notice

The defendant and counsel, if present, must receive written notice of the pretrial hearing date before leaving court.

Written notice of the pretrial hearing date shall be provided to the defendant and counsel, if present, prior to leaving court.

INFO

Applies to

Complaint

A small claims complaint should be written in plain, concise language.

(A) The plaintiff may begin a small claims action by filing a complaint and paying the required costs. The complaint should be written in plain, concise language. All pleadings will be construed to accomplish substantial justice.