Barberton Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Pretrial materials

Defense counsel must bring to the criminal or traffic pretrial conference material documents or objects, relevant test reports, and a written list of intended witnesses and any prior felony convictions.

The Defendant's counsel shall bring to the pretrial conference the following information:Documents or other tangible objects which may be material to the case or used at the trial. Reports of tests or examinations made in connection with the case, including chemical tests in DUI cases. A written list of the names and addresses of all witnesses intended to be called at trial, together with any record of prior felony convictions of any such witnesses.

CRITICAL

Applies to

Electronic transmission

Electronic transmissions must include Rule 2.1 information plus the responsible attorney’s transmitting email or phone number, transmission date and time, and any applicable explanation of cost submission.

Electronically transmitted filings must contain all information required by Rule 2.1 in addition to:the transmitting email address or phone number of the responsible attorney; the date and time of the electronic transmission; and if applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Recording request

A request to record a proceeding must be written and directed to the assigned judge before the proceeding begins.

A request for the recording of any proceeding shall be made in writing and directed to the assigned judge prior to the commencement of such proceeding.

CRITICAL

Applies to

Pretrial materials

The prosecutor shall bring to the pretrial conference the following information:Any written or recorded statement of the Defendant or co-Defendant, or a summary of any such oral statement. Criminal record of the Defendant, as is available to the prosecutor, including the BMV record in traffic cases. Reports of tests or examinations made in connection with the case, accident reports, and in DUI/BAC cases, calibration information and alcohol influence reports, or in the alternative, have this information available to Defendant's counsel within a reasonable time. A written list of the names and addresses of all known witnesses intended to be called at trial, together with any record or prior felony convictions of any such witnesses. Documents or tangible objects which may be material to the defense if used at the trial or which were obtained from or belong to the Defendant. A written statement of all known evidence favorable to the Defendant and material either to guilt or punishment.

The prosecutor shall bring to the pretrial conference the following information:Any written or recorded statement of the Defendant or co-Defendant, or a summary of any such oral statement. Criminal record of the Defendant, as is available to the prosecutor, including the BMV record in traffic cases. Reports of tests or examinations made in connection with the case, accident reports, and in DUI/BAC cases, calibration information and alcohol influence reports, or in the alternative, have this information available to Defendant's counsel within a reasonable time. A written list of the names and addresses of all known witnesses intended to be called at trial, together with any record or prior felony convictions of any such witnesses. Documents or tangible objects which may be material to the defense if used at the trial or which were obtained from or belong to the Defendant. A written statement of all known evidence favorable to the Defendant and material either to guilt or punishment.

CRITICAL

Applies to

Pro hac vice motion

An out-of-state attorney must obtain judicial permission through a written, cosigned motion with the required registration certificate and certifications before appearing.

An attorney who is not admitted to practice law in the State of Ohio may not appear on behalf of another individual or entity in court without the permission of the judge or magistrate. The motion for permission shall be in writing and shall attach a copy of the Certificate of Pro Hac Vice Registration obtained from the Ohio Supreme Court. It shall certify that the attorney is admitted to practice law in the highest court of another state or in the District of Columbia and that the attorney is not a resident of this state. The request must be cosigned by an attorney admitted to the practice of law in this state and registered under the Rule VI of the Rules for the Government of the Bar of Ohio.

CRITICAL

Applies to

Motion

A motion for a definite statement or to strike must identify the language claimed to be indefinite or sought to be stricken.

Motions for a definite statement pursuant to Civ. R.12(E) and motions to strike pursuant to Civ. R.12(F) shall set forth the language sought to be stricken or claimed to be indefinite.

CRITICAL

Applies to

Recording request

A request to broadcast, record, photograph, or televise must be written and submitted to the assigned judge as early as reasonably practical, no later than 30 minutes before the session unless the trial judge permits otherwise.

Requests for permission to broadcast, record, photograph or televise in the courtroom shall be in writing and submitted to the assigned judge as far in advance as reasonably practical, but no later than one-half (1/2) hour before the courtroom session to be broadcast or photographed unless otherwise permitted by the trial judge.

CRITICAL

Applies to

Lease

The plaintiff must provide a copy of the lease or other written instrument if it has not already been filed.

The plaintiff shall provide a copy of the lease or other written instrument if not previously filed.

CRITICAL

Applies to

Pleading

Self-represented parties must identify themselves as pro se on filings and papers served on other parties; Court notices and required service are sent to the designated pro se party.

Parties appearing pro se shall designate themselves as such on all pleadings, motions, etc. submitted to the court or served on other parties. All notices and communications from the Court and all documents required to be served will be sent to the designated pro se party.

CRITICAL

Applies to

Pleading

Must include

certificate of service

Except for the original complaint, each filed paper must certify service on the other parties; when a party has counsel of record, service must be on counsel unless the Court orders service on the party.

Other than the original complaint, every pleading, motion or other paper filed with the Clerk shall contain a certification of service to the other parties to the action. In every proceeding where there is an attorney of record, the service shall be made upon such attorney unless service upon the party is ordered by the Court. Civ.R.5(B).

CRITICAL

Applies to

Complaint

An eviction complaint must state the reason for eviction, include the statutory notice, and be signed by an attorney if the plaintiff is not an individual.

A complaint in Forcible Entry and Detainer shall be filed in accordance with BMCR Number 7.1 and shall contain a reason for the eviction, a copy of the notice given under R.C. 1923.04. When the plaintiff is not an individual, the complaint must be signed by an attorney. Noncompliance with this rule may result in dismissal of the complaint.

CRITICAL

Applies to

Magistrate decision

A magistrate’s decision must be written, identified in its caption, signed, filed with the Clerk, and served on all parties or their attorneys within three days after filing.

A magistrate's decision shall be in writing, identified as a magistrate's decision in the caption, signed by the magistrate, filed with the clerk, and served by the clerk on all parties or their attorneys no later than three days after the decision is filed.

CRITICAL

Applies to

Motion to withdraw

Must include

certificate of service

Counsel must obtain written permission to withdraw, file the written request at least seven calendar days before the next hearing unless otherwise permitted, and include the listed information.

An attorney cannot withdraw or change counsel from any case unless he or she first makes a timely request for permission to withdraw in writing and obtains the written approval of the assigned judge or magistrate. Any request to withdraw must be in writing and be filed with the court at least seven calendar days before the next scheduled hearing, or as otherwise permitted, and shall contain: the reasons for the motion; a certificate of service to opposing counsel and the client; the date and time of the next court appearance; a statement from counsel that if the motion is granted, a copy will be mailed by counsel to the clients at their last known address, including a confirmation of previously scheduled court hearing(s).

CRITICAL

Applies to

Pretrial materials

At a civil pretrial conference, parties and counsel must complete pleadings, motions, and discovery unless more time is allowed, and be prepared with witness and exhibit materials and the listed case issues.

At the pretrial conference, the parties and/or counsel shall be prepared as follows:Have completed the pleading and motion process unless the judge or the civil rules allow for a longer period. Have completed discovery unless the judge or civil rules allow for a longer period. Be prepared for consideration of evidence questions, stipulations as to facts and law, and other issues. Furnish a list of all witnesses whom they intend to call at trial, together with a statement of the general nature of their testimony. Produce all exhibits intended to be offered at trial. Be prepared to present the legal theory of the case. Be prepared to discuss the possibility of settlement. Other matters as the Court may require.

CRITICAL

Applies to

Electronic transmission

Attorneys must put the required identification on the first page of an electronic transmission; each transmitted document is limited to ten pages and may concern only one case.

An attorney must provide all required identification on the first page of transmission in the format prescribed in Rule 2.1(C). Transmissions without such information will not be accepted. A transmitted document must be no longer than ten pages and must pertain to only one case.

CRITICAL

Applies to

Electronic transmission

An electronic transmission is the effective original filing; the filer must retain the source document and cover sheet for production on request, and attorneys must mark the original with the transmission date and time.

A document filed by electronic transmission shall be accepted as the effective original filing. The person filing a document by electronic transmission is not required to file any source document with the clerk. The person filing the document shall maintain in his or her records and have available for production on request by the Court the source document filed by electronic transmission, with original signatures as otherwise required under the applicable rules, and the source copy of the cover sheet used for the subject filing. Attorneys must indicate on the original filing the date and time the electronic transmission was sent.

CRITICAL

Applies to

Pleading

Must include

case number

Every filed pleading, motion, and other paper must identify the case and filer; attorney filers must also provide their registration number.

All pleadings, motions, and other papers filed in an action shall bear the case number and the name, address, and telephone number of the attorney or other person filing the same. If an attorney is the person filing the document, the attorney registration number shall be included.

WARNING

Applies to

Electronic transmission

The filer must retain the source document until the case is closed and all opportunities for post-judgment relief are exhausted.

The source document filed by electronic transmission shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted.