Celina Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Judgment entry

Must include

certificate of service

An entry prepared for the Court’s signature must end with the specified Certificate of Service.

20.09 When counsel prepare an entry to be signed by the Court, counsel shall add the following Certificate of Service at the end of the entry: This is to certify that a copy of the foregoing (state the title of the document being served) has been issued by regular U.S. Mail to (list the names of the counsel of record or the parties, if no counsel of record) at their respective addresses on ________________, 20____. _________________________

CRITICAL

Applies to

Notice of bankruptcy stay

If a bankruptcy proceeding results in a stay, debtor’s counsel must immediately file a notice with the Court attaching file-stamped copies of the petition and stay entry.

If any party files a proceeding in the U.S. Bankruptcy Court which results in a stay of this court’s proceedings, counsel for the debtor shall immediately file with the Court a notice of same with an attached, file stamped copy of the petition and entry staying proceedings as provided by the provisions of 11 U.S.C. 362.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A default judgment may be granted upon filing only if 28 days have passed since service, a military affidavit is on file, no answer or appearance has been made, and a proposed judgment entry has been submitted for approval.

Upon the filing of a motion for default judgment, a judgment will be granted at that time if the following requirements are met: 28 days have passed since service; the court has a military affidavit on file in the case for the defendant(s); no answer has been filed or appearance made by the defendant(s); and a proposed judgment entry has been submitted to the Court for its approval.

CRITICAL

Applies to

Computer printout of defendant record

The arresting officer must ensure that the required printout is filed with the case.

It is the responsibility of the arresting officer to ensure that the printout is filed with the case.

CRITICAL

Applies to

Electronically filed pleading

Electronically filed pleadings must be signed by an Ohio-admitted attorney or by a party who is not represented by such an attorney.

31.03 All electronically filed pleadings must be signed by an attorney admitted to practice in the State of Ohio or party not represented by such an attorney.

CRITICAL

Applies to

Motion

For any post-decree motion, counsel must obtain a hearing date and include it in the motion served on the parties.

Upon the filing of any post decree motion, counsel shall obtain a hearing date and include the hearing date in the motion to be served on the parties.

CRITICAL

Applies to

Order in aid or contempt citation

The party requesting an order in aid of execution or a contempt citation must file it in a form acceptable to the Court.

Order in aid and citations in contempt shall be filed by the party requesting the orders and in a form acceptable to the Court.

CRITICAL

Applies to

Motion

All motions shall recite that the moving counsel has not been contacted by the defaulting party or counsel for the defaulting party or, if contact has been made, the extent to which such contact has been made.

All motions shall recite that the moving counsel has not been contacted by the defaulting party or counsel for the defaulting party or, if contact has been made, the extent to which such contact has been made.

CRITICAL

Applies to

Consent agreement

A settlement must be put in a written Consent Agreement signed by the parties and their attorneys and approved by the Judge.

The matter shall be reduced to writing in the form of a Consent Agreement to be signed by the parties, their Attorneys and approved by the Judge.

CRITICAL

Applies to

Electronically transmitted document

An electronic signature is treated as the signature of the identified attorney or party, but a document transmitted without authority must be stricken.

(A) Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the document stricken.

CRITICAL

Applies to

Fax filing

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

The person filing a document by fax shall also provide therewith a cover page containing the following information: (A) the name of the court; (B) the title of the case; (C) the case number; (D) the name of the judge to whom the case is assigned, if any; (E) the title of the document being filed (e.g. Defendant’s Answer to Complaint; Plaintiff’s Response to Motion to Dismiss; Plaintiff’s Notice of Filing Exhibit to Plaintiff’s Response to Defendant’s Motion to Dismiss); (F) the date of transmission; (G) the transmitting fax number; (H) an indication of the number of pages included in the transmission, including the cover page; (I) if a judge or case number has not been assigned, state that fact on the cover page; (J) 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 (K) if applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Affidavit of indigency

A proper affidavit of indigency is required for the Court to appoint counsel in cases where appointed counsel is permitted.

Upon a proper affidavit of indigency, the Court shall appoint an attorney for parties in those cases for which appointed counsel is permitted.

CRITICAL

Applies to

Filing

Must include

case number

The case number must be given when filing papers in a case or bringing a case to the Court’s attention.

Thereafter, in filing any papers therein or calling the attention of the Court to any case, its number must be given.

CRITICAL

Applies to

Entry

Counsel requested to prepare an entry must submit the entry to the Court.

If counsel is requested to prepare an entry, counsel shall submit it to the Court within three (3) business days.

CRITICAL

Applies to

Trusteeship payment

A debtor must submit a pay stub with every trusteeship payment.

Debtor’s pay stub shall be submitted with each trusteeship payment.

CRITICAL

Applies to

Exhibit

Must include

caption, judge name, case number

An exhibit filed this way must have a cover sheet with the specified case and exhibit information, and the filing must be signed according to the rules for pleadings.

Any exhibit filed in this manner shall be attached 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 Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendant’s Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court.

CRITICAL

Applies to

Electronically produced traffic ticket

When an electronically produced ticket is issued at the scene, the issuing officer must give the defendant a paper copy.

If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.

CRITICAL

Applies to

Signed source document

To electronically file a signed source document, a party must send either the signed document or an unsigned copy bearing “/s/” followed by the signer’s name where the signature would appear.

A party who wishes to file a signed source document electronically shall either: (A) send a copy of the signed source document; or (B) send a copy of the document without the signature but with the notation “/s/” followed by the name of the signing person where the signature appears in the signed source document.

CRITICAL

Applies to

Employer statement

After two consecutive missed payments caused by lack of work and wages, the debtor must submit the trustee an employer statement by the second payment’s due date confirming no wages were paid for the preceding work period.

If the debtor misses two consecutive payments to the trustee and the reason for missing the payment is that the debtor has not worked and has not received wages from his employer, the debtor must, by the date that the second payment is due, submit to the trustee a written statement from the employer indicating that no wages were paid for the preceding work period.

CRITICAL

Applies to

Memorandum

In any memorandum or argument, counsel must cite the specific pages, paragraphs, and lines of documentary evidence they ask the Court to consider.

In any memorandum or argument, counsel shall refer to specific pages, paragraphs, and lines of any pleadings, interrogatories, affidavits, depositions, or other documentary evidence which counsel desires the Court to consider.

CRITICAL

Applies to

Order in aid of execution

The clerk will not accept an order in aid of execution unless a copy is furnished for each party to be served and one copy for the clerk.

The clerk shall not accept such orders unless one copy is furnished for each party to be served and one copy for the clerk.

CRITICAL

Applies to

Certification

The attorney must file a written certification with the clerk stating that the publisher was advised.

same time the attorney shall file with the clerk a written certification signed by the attorney stating that he has so advised the publisher.

CRITICAL

Applies to

Mediation case summary

Each party must submit a mediation summary to the mediator at least five days before the first session, covering the dispute, arguments, discovery compliance, claimed damages, and prior settlement negotiations.

Not fewer than five days before the first mediation session, each party shall submit to the mediator a summary of facts and circumstances of the dispute, any arguments in support of their respective positions, the status of their compliance with any discovery requests, the amount of damages requested, and a summary of any prior settlement negotiations between the parties.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a conflicting case assignment must include a copy of the conflicting assignment notice.

Counsel shall attach a copy of the conflicting assignment notice to the motion.

CRITICAL

Applies to

Entries of confirmation and distribution

The party requesting a sale must prepare the confirmation and distribution entries, stating that the sale was regular and proper and any remaining judgment balance, unless the Court directs otherwise.

Entries of confirmation and distribution shall be prepared by the party who requested the sale and shall contain a statement that the sale was regular and proper in every respect unless otherwise directed by the Court and also a statement of the balance, if any, still due on the judgment.

CRITICAL

Applies to

Motion

Must include

proposed order

The moving party must attach a supporting memorandum citing relied-upon authorities and submit a proposed Judgment Entry with the motion.

The moving party shall attach to the motion a Memorandum in Support of the Motion which shall cite any authorities relied upon and shall submit with the motion a proposed Judgment Entry.

CRITICAL

Applies to

Judgment entry

Opposing counsel shall have seven (7) days to approve and deliver the entry to the Court or submit it, along with an alternate proposed entry to the Court.

Opposing counsel shall have seven (7) days to approve and deliver the entry to the Court or submit it, along with an alternate proposed entry to the Court.

CRITICAL

Applies to

Information packet

Upon an oral request, the Prosecutor must deliver defense counsel an information packet containing the listed reports, statements, witness information, and available video, audio, and narrative discovery.

Upon oral request, the Prosecutor shall deliver to defense counsel an information packet containing the following: (1) All police reports; (2) All known witness statements; (3) Any statement of the defendant; (4) All available laboratory reports; (5) Names and addresses of all known witnesses; (6) Video, audio & narrative discovery.

CRITICAL

Applies to

Form 95 ncic mental health notice

The Clerk must docket completion of Form 95, keep the original in the non-public section of the case file, and transmit a copy to the arresting law enforcement agency for NCIC entry through LEADS.

The Clerk of Court shall docket the completion of the Form 95, maintain the original in the non-public access section of the Case file and transmit a copy of the completed form to the arresting law enforcement agency to enter into NCIC via the Ohio Law Enforcement Automated Data System (LEADS) as established in ORC 2929.44.

CRITICAL

Applies to

Facsimile document

An exhibit that cannot be accurately transmitted by facsimile must be replaced by an insert page describing the exhibit and why it is missing.

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

CRITICAL

Applies to

Pre trial statement

Pre-trial statements must be submitted directly to the Court, not filed with the clerk, and copies must be served on other counsel or pro se parties at least seven days before final pre-trial unless the Court directs otherwise.

All pre-trial statements shall not be filed with the clerk but shall be directly submitted to the Court with copies served upon all other counsel or pro se parties not less than seven (7) days prior to final pre-trial unless the Court otherwise directs.

CRITICAL

Applies to

Motion

In the stated circumstances, defense counsel must file a motion requesting that the defendant be conveyed to Mercer County for the hearing.

If the attorney for the defendant wants the defendant present for a hearing and the defendant is incarcerated out of county, it is the responsibility of defense counsel to file, at least ten (10) days prior to the hearing, a motion requesting the defendant be conveyed to Mercer County for the hearing.

CRITICAL

Applies to

Source document

A compliant electronically filed document is accepted as the original; the filer need not file its source document but must retain it, produce it on request, and keep it until the case and all appeals are concluded.

31.05 A document electronically filed shall be accepted as the original filing if the filer complies with all of the requirements set forth in this rule. The filer shall not be required to file the source document with the clerk but must maintain the same in the filer’s records, and have the same available for production on request of the court, the clerk or other counsel. The filer shall maintain the source document until the subject case is closed and all appeals and opportunities for appeal have been exhausted.

CRITICAL

Applies to

Electronically filed document

Electronic filing by an attorney, an authorized filer, or an unrepresented party constitutes that attorney’s or party’s signature under Ohio Civil Rule 11.

(C) The electronic filing of a document by an attorney, or by another under the authorization of said attorney, or by a party not represented by an attorney shall constitute a signature of that attorney or party under Ohio Civil Rule 11.

CRITICAL

Applies to

Modified temporary protection order and no contact order

Upon modification, dismissal, or termination of an order, the Court must execute a signed order stating the change, complete the NCIC Form with necessary changes, and send both to the proper law enforcement agency by interoffice mail.

Upon modification, dismissal, or termination of Temporary Protection Order and No Contact Order by the Court, the Court shall: a. A signed order by the Judge will be executed stating the change of the Temporary Protection Order and No Contact Order. b. Provide a copy to all parties that received the original Temporary Protection Order and No Contact Order. c. Complete NCIC Form with necessary changes. d. Signed order and NCIC Form will be sent interoffice mail to the proper law enforcement agency to be updated in the LEADS program. e. Law Enforcement agency to process paperwork according to their procedures set in place.

CRITICAL

Applies to

Missing exhibit

The missing exhibit must be filed with the court as a separate document unless the court orders otherwise.

Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document.

CRITICAL

Applies to

Pre trial statement

Counsel must certify that exhibits have been exchanged and, if possible, provide a copy to the Court.

Counsel shall certify that they have exchanged exhibits and, if possible, provide a copy for the Court.

CRITICAL

Applies to

Notice to publisher

When a publication-cost deposit is waived, the requesting attorney must notify the publisher in writing, when presenting the notice, that no funds were deposited with the clerk.

However, in such cases, it shall be the responsibility of the attorney making the request to advise the publisher in writing at the time the legal notice is presented for publication, that no funds have been deposited with the clerk for payment of the publication costs, and at the

CRITICAL

Applies to

Reciprocal discovery

Upon receiving the information packet, defense counsel must provide reciprocal discovery as required by Criminal Rule 16.

Receipt of the information packet by defense counsel automatically obligates the defense counsel to supply reciprocal discovery as provided by Criminal Rule 16.

CRITICAL

Applies to

Application for return of forfeited property

An application to return forfeited property must be written, signed by the owner, and submitted within 30 days after final disposition.

All applications for return of property subject to forfeiture shall be in writing, signed by the owner, and submitted no later than 30 days after final disposition of the case.

CRITICAL

Applies to

Temporary protection order and no contact order

When issuing a Temporary Protection Order or No Contact Order, the Court must obtain the defendant's signature, complete and send the NCIC Form, docket the executed order and form with an image in CMS, and send them to the proper law enforcement agency by interoffice mail.

Upon issuance of Temporary Protection Orders and No Contact Orders by the Court, the Court shall: a. Review and obtain defendant signature in all required areas. b. Provide a copy to the defendant and all parties. c. Complete NCIC Form and email to proper law enforcement agency (Celina Police Department or Mercer County Sheriff). d. The completed and executed Protection Order/No Contact Order and NCIC Form shall be docketed in the Case Management System (CMS) along with an image of the completed Orders. e. Protection Order/No Contact Order and NCIC Form will be sent interoffice mail to the proper law enforcement agency to be entered into LEADS program. f. Law Enforcement agency to process paperwork according to their procedures set in place.

CRITICAL

Applies to

Trustee application

A trustee application must include a creditor statement listing each creditor’s name and complete address, what was purchased, the amount due, and the account number.

The application must be accompanied by a statement as to creditors, containing the name and complete address of each creditor, what was purchased, amount due each creditor, and the account number.

CRITICAL

Applies to

Itemized statement

Upon completing the service, assigned counsel must submit an itemized statement of services, time spent, and out-of-pocket expenses.

Upon the completion of the service, it shall be the duty of such assigned counsel to submit an itemized statement of the services rendered and the time spent in connection with such services in the preparation and trial or other disposition of same, and any out-of-pocket expenses incurred therein.

CRITICAL

Applies to

Trustee application

A trustee applicant must possess a fifteen-day notice of garnishment served on the applicant by a creditor.

A person making application for appointment of a trustee must have in his possession a fifteen day notice of garnishment that has been served on him by a creditor.

CRITICAL

Applies to

Summons

Summonses must be phrased so that a person unfamiliar with the legal process can readily understand them.

summons shall be phrased so as to be readily understood by an individual unfamiliar with the legal process

CRITICAL

Applies to

Expungement application

An application under Section 2953.32 O.R.C. must include the applicant's exact name, date of birth, former-conviction details, and a statement addressing eligibility and prior expungements.

Expungement applications filed pursuant to Section 2953.32 O.R.C. shall contain the following information concerning the applicant: 1. Exact name, including any applicable former name(s). 2. Date of birth. 3. Former conviction information including court case number, description of crime, applicable code section, date of conviction and sentence of Court. 4. A statement that the defendant is an eligible offender and has never had another case expunged that would make them ineligible for an expungement.

CRITICAL

Applies to

Publication notice

When service by publication is sought, counsel must submit the proposed legal notice to the clerk.

In any case wherein service is to be made by publication, counsel for the party desiring service by publication shall submit to the clerk of Court the proposed legal notice for such publication.

CRITICAL

Applies to

Praecipe for execution

A praecipe for execution must specifically and in detail describe all property to be seized, including model and serial numbers if known.

Praecipes for execution shall describe specifically and in detail (including model and serial numbers if known) all property to be seized by the bailiff or sheriff on execution.

CRITICAL

Applies to

Signed electronic document

A party electronically filing a signed document represents that the physically signed source document is in the party’s possession or control.

A party who files a signed document electronically represents that the physically signed source document is in his/her possession or control.

CRITICAL

Applies to

Poverty affidavit

A poverty affidavit cannot be filed until the Court approves it, and the attorney must certify that no money was paid and that the party is believed unable to make the deposit.

The clerk shall not accept a poverty affidavit for filing (an affidavit setting forth a party’s inability to make the required deposit for costs), unless and until the Court indicates thereon his approval of the same. To secure such approval, the attorney for the party desiring to file said affidavit shall certify that no monies have been paid to him by the party and that to his best knowledge and belief, the party is unable to make the deposit.