Carroll County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Discovery certificate

Counsel must file a certificate stating that the listed discovery materials were submitted to the opposing party.

In lieu thereof, counsel shall file a "certificate" of submitting such interrogatories, etc. to the opposing party,

CRITICAL

Applies to

Motion for default judgment

A default-judgment motion involving a promissory note or open account must include a current ledger statement or qualifying business record and, for an assigned account, documentation of the assignment; the ledger statement is unnecessary if it was filed with the complaint.

In all cases involving promissory notes or open accounts, the motion for default judgment shall be accompanied by a current ledger statement (unless filed with the complaint) or other business 1·ecord clearly identifying the defendant(s) and clearly showing all charges and payments, the default in payment, and balance owing and in the event of an assignment of an account, proper documentation of the assignment.

CRITICAL

Applies to

Default judgment application

A party seeking default judgment must apply to the court by written notice.

the p arty seeking a default judgment shall apply to the Court fo1· the same by written notice.

CRITICAL

Applies to

Filing

Each filing must include complete and accurate case information.

each filing must include complete and accurate case information.

CRITICAL

Applies to

Agent original filing

An agent's original filing must include a copy of the agent's license.

C. A copy of each agent's license must accompany an agent's original filing

CRITICAL

Applies to

Bond posting

Agents posting a bond must furnish a signed power of attorney and produce a state-issued bail license.

D. All agents posting a bond must furnish a signed power of attorney and produce a state issued bail license.

CRITICAL

Applies to

Pretrial continuance request

A request to continue a pretrial must be submitted with a written motion and judgment entry before the scheduled hearing date.

Pre-trials will be continued at the request of counsel or pro se defendants only upon submission of a written motion and judgment entry for same in advance of the scheduled hearing date.

CRITICAL

Applies to

Typed transcript request

Must include

caption, case number

A request for a typed transcript must include the case caption, case number, and hearing date.

The request must include the case caption, number, and date of hearing.

CRITICAL

Applies to

Affidavit of income expense financial disclosure and personal background

A completed Affidavit of Income, Expense, and Financial Disclosure and Personal Background must be filed for the Court to determine whether to excuse deposits.

However, an Affidavit of Income, Expense, and Financial Disclosure and Personal Background must be filled out and filed with the Court to provide the Court with information to determine if deposits will be excused.

CRITICAL

Applies to

Corporate surety bond

The Clerk may accept corporate surety bonds in criminal cases only if the agency complies with Criminal Rule 46(J) and statutory requirements.

The Clerk may accept corporate surety bonds in criminal cases only if each agency complies with Rules of Criminal PTocedure, Rule 46(J) and any statutory requirements.

CRITICAL

Applies to

Qualifying power of attorney

Each agency must file a qualifying power of attorney by August 1 of every odd-numbered year.

A. Each agency must file a qualifying power of attorney by the first day of August of each odd numbered year.

CRITICAL

Applies to

Hearing evidence

At the hearing, evidence of the amount of damages is required in cases involving unliquidated damages to persons or property, or a breach of contract.

In cases involving unliquidated damages to persons or property, or upon a breach of contract, evidence of the amount of damages is required at hearing (Civil R. 55-A).

CRITICAL

Applies to

Foreclosure confirmation entry

Foreclosure confirmation entries must state that prevailing counsel, not the Clerk, will cause the release or cancellation of all liens or mortgages.

b. Confirmation entries shall reflect that prevailing counsel and not the Clerk shall cause the release and/or cancellation of all liens and/or mortgages.

CRITICAL

Applies to

Certificate of compliance

Each agency must file a certificate of compliance annually.

B. Each agency must file a certificate of compliance annually

CRITICAL

Applies to

Discovery certificate

The opposing party must file a certificate stating that it answered the interrogatories or provided the requested information.

and the opposing party shall file a "certificate" of answering said interrogatories or providing the information requested pursuant to Ohio Civil Rules 26 to 37 inclusive.

CRITICAL

Applies to

Foreclosure confirmation entry

Foreclosure confirmation entries must detail the release of any liens or mortgages and include their reference volumes and page numbers.

a. In all entries of confirmation following foreclosure actions prevailing counsel shall therein desc1'ibe in detail the release of any liens and/or mortgages, including the reference volume(s) and page number(s)

CRITICAL

Applies to

Criminal and traffic pretrial conference

All counsel and defendants must personally attend criminal and traffic pretrial conferences unless the Court excuses them in advance.

Personal attendance of all counsel and defendants is required at all criminal pre-trial conferences and all ti·affic pre-ti·ial conferences, unless excused in advance by this Court.

CRITICAL

Applies to

New case filing

All new criminal, traffic, civil, and small-claims cases filed in the Court must be coded in accordance with the specified reporting forms.

In conformity with Superintendence Rules and Supreme Court Statistical Report Administrative Report and Individual Report Municipal and County Court forms all new criminal, traffic, civil, and small claims cases filed in this Court shall be coded in accordance with Reporting Administrative Report and Individual Report Municipal Court Forms.

CRITICAL

Applies to

Pretrial continuance request

A pretrial continuance request must include a written motion and judgment entry submitted before the scheduled hearing date.

Pre-trial conference will be continued at the request of counsel only upon the submission of a written motion and judgment entry for same in advance of the scheduled hearing date.

CRITICAL

Applies to

Final default judgment entry

The final default-judgment entry must be submitted to the Court before or at the hearing.

A final entry of default judgment shall be submitted to the Court prior to, or at, the hearing.

CRITICAL

Applies to

Motion

Motions not otherwise provided for must include a memorandum of law stating specific grounds and citing the authorities relied upon.

A. All motions not otherwise provided for herein shall be accompanied by a memorandum of law stating specific grounds therefore and citing the authorities being relied upon.

CRITICAL

Applies to

Court appointed counsel submission

Court-appointed counsel must submit a properly executed Affidavit of Indigence and Judgment Entry of Appointment.

Court appointed counsel shall submit to the Court a properly executed Affidavit of Indigence and Judgment Entry of Appointment within one (1) week after his appointment.

CRITICAL

Applies to

Audio copy request

An audio-copy request must be in writing and requires a $25 deposit before the recording's availability is checked.

An audio copy of the recording may be requested. Upon a written request and a Twenty Five Dollar ($25. 00) deposit, the clerk or deputy clerk who was responsible for the recording of the original hearing will locate the original recording to verify that it is available in storage for copying.

WARNING

Applies to

Oral argument request

Oral argument is waived unless the Court expressly allows it upon a party's written request.

Oral arguments will be deemed waived unless allowed upon express leave of the court upon written request by a party.