Bellevue Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Default motion

For all other motions for default, proof of damages is required. Depending upon the specific nature of the case, proof may be provided to the Cou1t by testimony or affidavit. Uncertified documents, not accompanied by an affidavit or testimony, may not be considered proof of damages.

For all other motions for default, proof of damages is required. Depending upon the specific nature of the case, proof may be provided to the Cou1t by testimony or affidavit. Uncertified documents, not accompanied by an affidavit or testimony, may not be considered proof of damages.

CRITICAL

Applies to

Affidavit

An affidavit offered to prove damages must be executed by someone with personal knowledge, and the moving party’s attorney may not serve as the affiant.

The affidavit must be executed by a person with personal knowledge of the contents of the affidavit. An attorney for the moving party may not be the affiant for proof of damages.

CRITICAL

Applies to

Opposition

An opposing party must serve and file an opposition statement and supporting authorities within 14 days thereafter, and must also serve and file desired documentary evidence if the motion requires consideration of facts outside the record.

(C) Each party opposing the motion shall serve and file within fourteen ( 1 4) days thereafter a brief written statement of reasons in opposition to the motion and a list of citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing of record, he or she shall also serve and file copies of all affidavits, depositions, photographs, or other documentary evidence which he or she desires to submit in opposition to the motion.

CRITICAL

Applies to

Media recording approval

If the judge approves a media-recording application, a judgment entry or written agreement stating the recording conditions must become part of the case record.

In the event the Judge approves the application, a judgment entry or written agreement setting fo1ih the conditions of media recording shall be made a part of the record of the case.

CRITICAL

Applies to

Affidavit and order in aid of execution

Sufficient copies of the affidavit and order must be furnished for service on the garnishee and defendants who are required to be served.

Affidavits and orders in aid of execution proceedings shall be typed and sufficient copies o f the affidavit and order shall be furnished for service upon the garnishee and such defendants as are required to be served.

CRITICAL

Applies to

Motion

A motion to advance proceedings must be submitted to the Court in writing, with copies served on opposing parties or counsel.

Motions for advancement of proceedings shall be submitted to the Court in writing and copies of the same shall be served upon opposing parties or counsel.

CRITICAL

Applies to

Motion or brief

A motion or brief citing a statute or regulation other than the Ohio Revised Code or Ohio Rules of Court must attach a copy, and cited or referenced unreported decisions must also be attached.

(G) All motions and briefs containing references to statutes or regulations other than the Ohio Revised Code or the Ohio Rules of Court shall have attached to the motion or brief a copy of the statue or regulation. Copies of unreported court decisions cited or referred to in a motion or brief shall also be attached to the motion or brief.

CRITICAL

Applies to

Subsequent pleading or motion

Must include

caption, case number

Subsequent pleadings and motions must state the case number and first plaintiff and defendant on each side, and pleadings joining new parties must include each new party's name and, if known, address in the caption.

Subsequent pleadings and motions shall state the case number, the name of the first party plaintiff and the first party defendant on each side. For all subsequent pleadings in which new parties are joined, the name and address, if known, of each new party shall be stated in the caption of such pleading.

CRITICAL

Applies to

Media recording application

A media-recording application must be written and submitted to the assigned judge before trial, identify and be signed by the applicant, specify the equipment, and follow the required pooling before submission; no special form is required.

Application for media recording shall be made in writing to the assigned j udge in the case prior to the commencement of the trial. No special form of application will be required, but the application must specify the type of equipment to be used, and must identify and be signed by the applicant. The "pooling" required by Superintendence Rule 9 for Municipal Comis and County Courts shall be accomplished prior to submission of the application.

CRITICAL

Applies to

Court technology plan

The court must adopt and maintain a technology plan containing the specified technology strategy and public-instruction procedures; the stated website availability remains pending finalization and approval.

In accordance with Superintendence Rule 5(B), the Court shall adopt and maintain a court technology plan which will include: I ) A comprehensive strategy for implementing and maintaining technology solutions for conducting remote hearings, electronic service, the acceptance of electronic signatures. any other technology-related solution utilized by the court and : 2 ) Procedures for notifying and providing instructions t o the public o n how to use the technology solutions implemented by the court and how the solutions will comply with any accessibility accommodation requirements, including any applicable requirements of the "Americans with Disabilities Act." COURT PLAN WILL BE AVAILABLE ON THE COURT WEBSITE AT: www.bellevuemunicourtohio.com PENDING FINALIZATION AND APPROVAL

CRITICAL

Applies to

Media recording application

A new media-recording application is required if the trial is continued for more than 30 days.

In the event of a continuance of the trial for a period of more than thirty (30) days, a new application shall be required.

CRITICAL

Applies to

Motion

The moving party must serve and file a brief statement of reasons and supporting authorities with the motion, and must also serve and file desired documentary evidence when the motion requires consideration of facts outside the record.

(B) The moving party shall serve and file with his or her motion a brief written statement of reasons in support of the motion and a l ist of citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing in the record, he or she shall also serve and file copies of all affidavits, depositions, photographs or other documentary evidence which he or she desires to submit in opposition to the motion.

CRITICAL

Applies to

Trial brief

An ordered trial brief must address the issues identified in the order and include authorities supporting the propositions counsel intends to assert at trial.

The briefs shall relate to the i ssues referred to in the order and contain authorities supporting the propositions which counsel intends asserting during trial.

CRITICAL

Applies to

Appeal

A party appealing a criminal, civil, or small claims case must have an attorney file all necessary paperwork with instructions to the clerk.

Any party wishing to file appeals on any criminal, civil, or small claims case will be required to have an attorney file any and all necessary paperwork with instructions to the clerk.

CRITICAL

Applies to

Complaint

Must include

caption

A complaint's caption must give each party's name and, if known, address.

The caption of the complaint shall state the name and address, if known, of each party.

CRITICAL

Applies to

Pleading motion brief or other paper

Each filed pleading, motion, brief, or other paper must have a title and identify the filing attorney and firm, if any, with office address and telephone number, or identify the filing party if unrepresented.

Every pleading, motion, brief or other paper filed in a case shall be identified by title, and shall bear the name of the individual attorney, the firm, if any, office address and telephone number of the attorney filing the same, or ifthere be no attorney, then the party filing the same.

CRITICAL

Applies to

Motion

Criminal motions must be made in writing and accompanied by a written memorandum containing counsel’s arguments.

All motions shal l be made in writing and accompanied by a written memorandum containing the arguments of counsel.

CRITICAL

Applies to

Motion

Civil motions must be in writing and accompanied by a written memorandum containing citations or counsel’s arguments.

All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.

CRITICAL

In a forcible entry and detainer claim for money damages, the defendant must provide the Court with a current address.

With respect to a claim for money damages, the defendant is required to provide the Cout1 with a current address.

CRITICAL

Applies to

Affidavit

A copy of the statutory demand and affidavit proof of its service must be filed with the affidavit.

A copy of the statutory demand made on defendant, together with proof by affidavit of service of the statutory demand, shall be file with the affidavit.

WARNING

Applies to

Jury summons

A jury summons must be understandable to someone unfamiliar with the legal process and explain how and when to respond and the consequences of failing to respond.

The summons shall be phrased so as to b e readily understood by an individual unfamiliar with the legal process, and shall be delivered by ordinary mail. The summons shall also clearly explain how and when the recipient must respond and the consequences of his failure to respond.

WARNING

Applies to

Small claim transfer request

A motion and affidavit must be filed to request transfer of a small claim to the regular docket.

Upon filing of motion and affidavit, as required by Ohio Revised Section 1 925. 1 0, and upon payment of the required cost, the small claim will be transferred to the regular docket.

WARNING

Applies to

Jury service excuse exemption or deferral request

Requests for excuse, exemption, or deferral must use the provided form and include appropriate documentation, except in exigent circumstances or for good cause shown.

Unless in the case of exigent circumstances or for good cause showing, all requests for excuse, exemption, or deferral must be made on the form provided, and shal l be accompanied by appropriate documentation.

WARNING

Applies to

Complaint

In an account-based case, the plaintiff must show in the complaint or otherwise that no later payments or credits were made on the account.

For cases b ased on an account, the plaintiff is required to show, in the complaint or otherwise, that there have been no subsequent payments or credits on the account.

WARNING

Applies to

Jury questionnaire

Prospective jurors must complete a jury questionnaire and, when appropriate, a request for excuse, exemption, or deferral.

Further, all prospective jurors shall be required complete a jury questionnaire and, if appropriate, a request for excuse, exemption or a deferral.

WARNING

Applies to

Dismissal request

A dismissal request after a case is set for a proceeding requiring personal appearance must be submitted to the Court in writing.

After a case has been set for pre-trial, trial or other proceedings requiring personal appearance, a request for dismissal by the plaintiff or by agreement of the parties due to settlement or some other reason shall be submitted in wtiting to the Court within twenty (20) d ays of the scheduled court appearance, after prompt notification of the settlement or dismissal by telephone to the Clerk of Court.

INFO

Applies to

Default motion

If there are multiple damages, a listing of all damages and credits, if any, should be filed with the Court to expedite the default proceeding, either as part of the motion or default, exhibit, or by separate document.

If there are multiple damages, a listing of all damages and credits, if any, should be filed with the Court to expedite the default proceeding, either as part of the motion or default, exhibit, or by separate document.

INFO

Applies to

Media recording application

For an arraignment-room session, a written application may be made any time before the session, and the Court may permit reporting or recording without a formal judgment entry.

At any arraignment room session, application in writing may be made anytime before the session. The Court may give permission for the repo1iing or recording of any portion of the session without a formal judgment entry.