Bryan Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Continuance motion

A continuance motion must be accompanied by a judgment entry for the Court’s consideration.

Motions for continuance must also be accompanied with a judgment entry for the Court's consideration.

CRITICAL

Applies to

Motion

Must include

certificate of service

Except for an open-court request when the client fails to appear, a withdrawal application must be a written motion stating its reasons, certify service on opposing counsel, and represent that the entry will be mailed to the client if granted.

Except for a withdrawal request in open Court when a counsel's client fails to appear for a Court proceeding, no application for withdrawal wil be considered unless: (A) A written motion is presented which state the reasons for the application; (B) The motion contains a certification of service to opposing counsel; and (C) The withdrawing counsel represents that, if the motion is granted, a copy of the withdrawal entry wil be mailed forthwith to the last known address of the client.

CRITICAL

Applies to

Facsimile filing

If an exhibit cannot be accurately transmitted by fax, the filing must include an insert page describing the missing exhibit and why it is missing.

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

CRITICAL

Applies to

Jury waiver

A written waiver is required whenever a written jury demand was previously filed.

A written waiver of a jury demand is required in al cases wherein a written jury demand had previously been filed.

CRITICAL

Applies to

Jury demand

Unless otherwise provided, a defendant will be tried to the Court unless a jury demand has been filed.

Except as otherwise provided herein, a defendant shall be tried to the Court unless a jury demand has been filed with the Court.

CRITICAL

Applies to

Warrant request

A civil-action warrant request must be made by praecipe and include the wanted person’s Social Security number and date of birth.

Any request for a warrant to be issued for a party in a civil action must be made by way of a praecipe and include the wanted person's social security number and date of birth

CRITICAL

Applies to

Missing exhibit

Must include

caption, judge name, case number

Any exhibit filed shall in this be attached manner 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 Response to Defendants' Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings i n this court.

Any exhibit filed shall in this be attached manner 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 Response to Defendants' Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings i n this court.

CRITICAL

Applies to

Judgment entry

Every judgment entry, including a settlement entry, must state which party will pay the court costs.

ALL JUDGMENT ENTRIES INCLUDING SETTLEMENT ENTRIES SHALL STATE WHICH PARTY WILL PAY THE COURT COSTS.

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment must file with the motion an affidavit complying with the Soldier's and Sailor's Civil Relief Act.

The party seeking relief by default judgment shall file with the motion an affidavit in compliance with the Soldier's and Sailor's Civil Relief Act, 50

CRITICAL

Applies to

Subpoena request

Subpoena requests must be made by praecipe or written instruction filed at least 7 business days before trial, unless the Court allows otherwise.

The Clerk of Court shall process requests for subpoenas from a praecipe or written instruction filed at least seven (7) business days in advance of the trial unless otherwise allowed by the Court.

CRITICAL

Applies to

Continuance motion

If a continuance is requested because counsel has another trial on the same date in another court, counsel must attach that court’s assignment notice.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in another court, counsel shall attach a copy of said assignment notice to the motion for continuance.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a written memorandum containing counsel's arguments.

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

CRITICAL

Applies to

Exhibits

At a Small Claims Court hearing, each party must provide the original and two copies, or enough copies for all parties, of exhibits they plan to introduce.

At any hearing in Small Claims Court the parties are each responsible for providing the original and two copies (or adequate copies for al parties involved) of any exhibits which they plan to introduce.

CRITICAL

Applies to

Default judgment affidavit

For qualifying personal-property damage claims, the default-judgment filing must include a supporting affidavit and documentation signed by a person with actual knowledge verifying the lesser of reasonable repair cost or diminution in value.

If the defendant has failed to plead or otherwise defend the Court may grant a default judgment in the amount of the prayer if the action is for recovery of money only arising out of damages to personal property and if an affidavit with supporting documentation signed by a party with actual knowledge is filed. Said documentation must verify that the prayer of the complaint reflects a reasonable cost of repairing the property or its diminution in value, whichever is less.

CRITICAL

Applies to

Default judgment

For a default judgment in an unliquidated damages claim when the defendant fails to appear or answer, the plaintiff’s supporting documentation must be verified by affidavit or sworn testimony.

In all unliquidated damage claims in which the defendant has failed to appear or answer, the plaintiff shall have judgment in the same manner as provided in these local rules for the granting of a default judgment, regarding supporting documentation verified by affidavit or sworn testimony of the plaintiff.

CRITICAL

Applies to

Examination request

The plaintiff must hold the debtor’s examination during the scheduled court time or file a new examination request with the court costs required by Exhibit A.

Said exam must be held by the plaintif during the scheduled court time or a new request for the examination must be filed along with the court costs pursuant to Exhibit A.

CRITICAL

Applies to

Satisfaction of judgment

To record full or partial satisfaction of a judgment, an appropriate entry or order approved by the plaintiff, judgment creditor, or counsel must be filed with the Clerk.

Satisfaction in whole or part of any judgment shall be accomplished by filing appropriate entry an order or with the Clerk which has been approved by the plaintif or judgment creditor or his counsel.

CRITICAL

Applies to

Motion to revive judgment

A motion to revive a judgment must be filed in writing.

Motions to revive judgment must be filed in writing

CRITICAL

Applies to

Pleading

Must include

caption, case number

A pleading must include a caption stating the Court’s name, the action’s title, and the case number to be accepted for filing.

(8) No pleadings shall be accepted for filing by the Clerk if said pleading does not contain a caption setting forth the name of the Court, the title of the action and case number.

CRITICAL

Applies to

Motion

Every motion 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

Applies to

Facsimile filing

A fax-filed signed document must be either a copy of the signed source document or an unsigned copy marked with "/sl" and the signer's name; the filer represents that the signed original is in their possession or control.

A party who wishes to file a signed source document by fax shall either: Fax a copy of the signed source document; or Fax a copy of the document without the signature but with the notation "/sl" followed by the name of the signing person where the signature appears in the signed source document. A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control.

CRITICAL

Applies to

Praecipe

A warrant request concerning a nonappearing party in a civil action must be filed as a praecipe containing the party's social security number and date of birth.

Any request for a warrant on a party to a civil action that does not appear in court shall be filed in the form of a praecipe with the party's social security number and date of birth.

CRITICAL

Applies to

Debtor examination request

If the plaintiff does not hold the debtor’s examination during the scheduled court time, a new examination request must be filed with the Exhibit A filing fee.

the plaintiff during the scheduled court time or a new request for the examination must be filed along with the appropriate filing fee per Exhibit A.

CRITICAL

Applies to

Journal entry

If the Court requests it, counsel for the party in whose favor an order or judgment is rendered must prepare a journal entry.

Counsel for whose favor an order or judgment is rendered shall prepare a journal entry, if requested to do so by the Court.

CRITICAL

Applies to

Continuance motion

A continuance motion based on counsel's conflicting trial assignment must include a copy of the assignment notice.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in another trial court counsel shall attach a copy of said assignment notice to the motion for continuance.

CRITICAL

Written complaints, motions, briefs, memoranda of law, and proposed journal entries must be filed with sufficient copies for service on other parties or counsel.

No written complaint, motion, brief, memorandum of law or proposed journal entry shall be accepted by the Clerk for filing unless the same is filed with sufficient copies for service upon any other parties or counsel and indicates the name, address and phone number of the attorney

CRITICAL

Applies to

Opposition

Opposing counsel must file a written response in opposition, including citations to legal authorities and arguments, within 14 days.

Opposing counsel shall file any response in opposition in writing, including citations to legal authorities and arguments within fourteen (14) days thereafter.

CRITICAL

Applies to

Electronic filer account

A properly executed and signed User Agreement Form and Credit Card Authorization Form must be filed with the Clerk for the Clerk to establish an electronic-filer account and assign login credentials.

Upon the filing of a properly executed and signed User Agreement Form and Credit Card Authorization Form with the Clerk, the Clerk shall establish an electronic filer user account and assign a filer identification number and initial password to be used for electronical y filed documents.

CRITICAL

Applies to

Fax source document

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

(C) The source document filed by fax shall be maintained by the person making the filing until the case is closed and al opportunities for post judgment relief are exhausted.

CRITICAL

Applies to

Judicial order

The judge's written order on a request for courtroom broadcasting, recording, or photography must be made part of the proceeding record.

the written order of the judge shall be made a part of the record of the proceedings.

CRITICAL

Applies to

Criminal charge

A criminal charge that is an M4 or higher, or an OVI charge, must be accompanied by a properly completed BCI Form 2-71 Final Disposition Card.

In conjunction with Ohio Revised Code Section 109.60 any criminal charge that is a Misdemeanor of the fourth degree (M4) or greater or an OVI charge shall be accompanied by a properly fil ed out BCI form 2-71 Final Disposition Card.

CRITICAL

Applies to

Document description form

A filer electronically filing a document must complete an online Document Description Form with the listed case, document, transmission, and filer information.

The filer electronically filing a document shall also complete an online Document Description Form containing the following information: The title of the case; The case number; The title of the document being filed; The date of the transmission; The name, address, telephone number, fax number and email address of the person filing the document; and, for an attorney, his or her Ohio Supreme Court registration number and firm name, if any.

CRITICAL

Applies to

Trusteeship filing

A debtor filing a trusteeship must provide a payroll check stub or payroll statement of earnings, and no payment will be accepted without one.

Upon the filing of a trusteeship, the debtor is required to provide the Court with payrol a check stub or payrol statement of earnings. No payment wil be accepted from a debtor without a payrol check stub or payrol statement of earnings.

CRITICAL

Applies to

Default judgment affidavit

For a liquidated second cause of action in an FED case, a default-judgment motion may be accompanied by an affidavit and supporting documentation signed by a person with actual knowledge verifying the amount.

In FED actions if the defendant has failed to appear or otherwise defend on the second cause of action, default judgment may be entered upon an oral or written motion which judgment is based upon a liquated claim and when the motion is accompanied by an affidavit with supporting documentation signed by a party with actual knowledge verifying that the amount is accurate.

CRITICAL

Applies to

Electronically submitted citation

An electronically submitted citation must be maintained as the original document in the court's file.

Any electronical y submitted citation shall be maintained as the original document in the court's file.

CRITICAL

Applies to

Charge

Every charge filed with the court must include a personal identifier sheet or have the identifiers attached in another format.

Every charge filed in this Court shall be filed with a personal identifier sheet or the identifiers attached to the charge in some other format.

CRITICAL

Applies to

Electronically filed pleading

Electronically filed pleadings must be signed by an Ohio-admitted attorney or an unrepresented party; the signature is attributed to the person it purports to be, and unauthorized transmission requires the court to strike the document.

All electronical y filed pleadings must be signed by an attorney admitted to the practice in the State of Ohio or party not represented by such an attorney. Any signature on electronical y transmitted documents shall be considered that of the attorney or party it purports to be for al purposes. If it is established that the documents were transmitted without authority, the Court shall order the document struck.

CRITICAL

Applies to

Motion to transfer

When transfer to the regular civil docket is granted, the party seeking transfer must submit an appropriate judgment entry with the transfer motion and filing fee.

In cases where motions to transfer a Small Claims Court case to the regular civil docket is granted, the party seeking the transfer shall pay the appropriate filing fee to the Clerk with the Motion to transfer, along with an appropriate judgment entry.

CRITICAL

Applies to

Subpoena request

Subpoena requests must be made by praecipe or written instructions filed at least seven business days before trial, unless the Court allows otherwise.

The Clerk's Office shall process subpoenas from a praecipe or written instructions filed at least seven (7) business days in advance of the trial unless otherwise allowed by the Court.

CRITICAL

Applies to

Trial brief

Plaintiff’s counsel must file a trial brief with the Clerk at least 20 days before trial in any civil jury case.

In any civil jury case counsel for the plaintiff shall file a trial brief with the Clerk at least twenty (20) days before the date of trial.

CRITICAL

Applies to

Request for findings of fact and conclusions of law

Parties requesting findings of fact and conclusions of law must submit proposed findings and conclusions with their request.

Parties requesting findings of fact and conclusions of law shall submit concurrently with their request proposed findings of fact and conclusions or law.

WARNING

Applies to

Rent escrow application

A tenant may initiate rent escrow proceedings by filing an application with the Court and depositing with the Clerk all rent money due to the landlord.

Rent escrow proceedings may be initiated pursuant to Ohio Revised Code Section 5321.07 or 3733.121 by filing an application with the Court and depositing with the Clerk al rent money due to the tenant's landlord.

WARNING

Applies to

Default judgment motion

For a liquidated claim where the defendant has not appeared or defended, the Court may grant default judgment immediately on a written or oral motion accompanied by an appropriate judgment entry.

If the defendant has failed plead to or otherwise defend (having entered no appearance) the Court may grant a default judgment immediately upon written or oral motion in a case involving a liquidated claim, accompanied by an appropriate judgment entry.

WARNING

Applies to

Bond form

Forfeiture of Criminal and Traffic Division bonds for financial obligations owed to the court is conditioned on the depositor signing the acknowledgment and consent on the bond form.

Subject to the acknowledgment and consent being signed by the depositor on the bond form, al Criminal and Traffic Division bonds will be subject to forfeiture for al fines, costs, restitution and any other financial obligations owed to the court.

WARNING

Applies to

Bond form

Forfeiture of Small Claims and Civil Division bond money for obligations to the plaintiff or court is conditioned on the depositor signing the acknowledgment and consent on the bond form.

In the Small Claims and Civil Divisions bond monies wil be forfeited in payment of any financial obligations to the plaintif and/or the court provided that the acknowledgment and consent has been signed on the bond form by the depositor.

WARNING

Applies to

Motion

A proposed judgment entry should also be submitted with the motion.

A proposed judgment entry for the Court's review and consideration should also be submitted with the motion.

INFO

Applies to

Citation

An electronically produced ticket does not require the defendant's signature.

A ticket produced by computer or other electronic means shall not require the signature of the defendant.

CRITICAL

A fax filing must include a cover page with the specified court, case, document, transmission, filer, and applicable cost-submission information.

(E) COVER PAGE. The person filing a document by fax shall also provide therewith a cover page containing the following information: 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; 6. The date of the transmission; 7. The transmitting fax number; 8. An indication of the number of pages included in the transmission, including cover page; 9. If a judge or case number has not been assigned, state that fact on the cover page; 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

Complaint

The complaint must have attached copies of the specified notices and any document required by Ohio Civil Rule 10(O).

A copy of all notices required to be served upon the tenants pursuant to Ohio Revised Code Chapters 5321, 5313, 3733 and 1923 or pursuant to federal regulations shall be attached to the complaint as well as any document required pursuant to Rule 10(O) of the Ohio Rules of Civil Procedure.