Celina Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Order in aid of execution

Each copy of an order in aid of execution must show the filing attorney’s name at the bottom for the clerk to accept it.

No order in aid of execution shall be accepted by the clerk unless the name of the attorney filing the same appears at the bottom of each copy.

CRITICAL

Applies to

Application for withdrawal of counsel

An application to withdraw counsel must be accompanied by withdrawal of all pending motions and any jury demand, without prejudicing a later jury demand for a criminal defendant.

Any application for withdrawal of counsel shall be accompanied by a withdrawal of all pending motions and any jury demand. Such withdrawal shall not prejudice a subsequent jury demand by or in behalf of a criminal defendant.

CRITICAL

Applies to

Form 95 ncic mental health notice

For the specified mental-health-related findings or adjudications, the Court must complete Form 95 with all required information at the time of plea or adjudication.

Upon a defendant pleading guilty or being found guilty of an offense of violence as defined by Ohio Revised Code, Section 2901.01(A)(9)(a) or any substantially similar municipal ordinance; or pleading guilty or being found guilty of conspiracy or attempt to commit, or complicity in committing an offense of violence as defined by Ohio Revised Code, Section 2901.01(A)(9)(a); or any substantially similar municipal ordinance and being ordered to a mental health evaluation; or being found not guilty by reason of insanity; or being found incompetent to stand trial, the Court shall complete Form 95: NCIC Mental Health Notice with all required information at the time of plea or adjudication.

CRITICAL

Applies to

Document description form

An electronic filer must complete an online Document Description Form containing the case, document, transmission, filer contact, and applicable attorney registration and firm information.

31.07 The filer electronically filing a document shall also complete an on-line Document Description Form containing the following information: (A) The title of the case; (B) The case number; (C) The title of the document being filed; (D) The date of transmission; (E) The name, address, telephone number, fax number, and, if available, the e-mail address of the person filing the document, and (F) For an attorney, his or her Ohio Supreme Court registration number and firm name, if any.

CRITICAL

Applies to

Withdrawal application

At other times, counsel may withdraw only by written application with the party’s written consent and a substitute counsel’s entry of appearance, or by written application showing good cause, served with a copy of the rule on the represented party, subject to any terms imposed by the Court.

At other times, the Court will permit counsel to withdraw only upon: (1) Written application with the written consent of the party and Entry of Appearance of a substitute counsel, or; written application showing good cause with service of said application and a copy of this rule upon the represented party and upon such of the terms as the Court may impose.

CRITICAL

Applies to

Jury service notice and questionnaire

Jury-service notices and questionnaires must be understandable to people unfamiliar with the legal and jury systems.

The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person shall be phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems

CRITICAL

Counsel who formally withdraws must give the party a written copy of this rule.

20.18 Any counsel formally withdrawing from a case shall advise the party to the action of this rule by furnishing a written copy of such rule to the party.

CRITICAL

Applies to

Traffic citation

A traffic citation for an offense more serious than a minor misdemeanor must include a computer printout of the defendant’s record if the defendant is an Ohio resident.

12.04 All traffic citations for offenses more serious than minor misdemeanors shall be accompanied by a computer printout of the defendant’s record if the defendant is a resident of Ohio.

CRITICAL

Applies to

Juror questionnaire

Each prospective juror must complete and return a juror questionnaire.

Each prospective juror shall be required to complete and return a juror questionnaire within seven days of the receipt of said notice.

CRITICAL

Applies to

Military service affidavit

When a party defaults by failing to appear, a party seeking judgment must file an affidavit stating either that the defaulting party is not in military service or, if that cannot be established, that the party is in military service or the affiant cannot determine the party’s status.

20.06 In any action or proceeding commenced in this Court, if there shall be a default of any appearance by any party, the party seeking judgment shall file with the Court an affidavit setting forth facts showing that the party in default is not in the military service. If unable to file such affidavit, the party seeking judgment shall file an affidavit setting forth that the party in default is either in the military service or that the affiant is not able to determine whether or not such defaulting party is in the service so that judgment can be entered as 50 U.S.C. 520, et seq.

CRITICAL

Applies to

Dismissal motion

A party moving to dismiss under Civil Rule 41(B)(2) must submit written proposed findings of fact and conclusions of law with the dismissal motion.

20.13 A party moving for dismissal pursuant to Civil Rule 41 (B)(2) shall submit to the Court proposed findings of fact and conclusion of law in writing together with his Motion for Dismissal.

CRITICAL

Applies to

Judicial sale

Counsel requesting a judicial sale must arrange and pay for required newspaper publication and file an Affidavit of Publication with the clerk and bailiff before the sale.

Counsel for the party requesting any judicial sale shall prepare any newspaper publication required, cause the same to be published at the party’s expense and file an Affidavit of Publication with the clerk and bailiff prior to sale.

CRITICAL

Applies to

Source document

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

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

WARNING

Applies to

Default judgment motion

If the party against whom default judgment is sought has appeared, the Court may require the moving party to attend a hearing and present evidence or supporting documentation.

If the party against whom judgment by default is sought has made an appearance, the party seeking a default judgment may be required to appear at a hearing, be prepared to present evidence and/or present supporting documentation in support of the claims as the Court may deem necessary or proper in accordance with Civil Rule 55 (A).

WARNING

Applies to

Pre trial statement

The Court may order counsel to prepare a pre-trial statement containing any of the listed information that is appropriate.

The Court may order counsel to prepare a pre-trial statement containing any of the following information as may be appropriate:

WARNING

Applies to

Mediation materials

The parties shall promptly provide whatever additional information and materials they deem necessary to aid the mediator in understanding the dispute.

The parties shall promptly provide whatever additional information and materials they deem necessary to aid the mediator in understanding the dispute.

WARNING

Applies to

Public proceeding notice

Upon request, the responsible prosecutor must notify alleged victims of all public proceedings involving the alleged offense and their opportunity to attend.

The Mercer County Prosecutor, City of Celina Law Director or any prosecutor in the case by appointment, shall be responsible for providing the alleged victim(s), upon request, notice of all public proceedings involving the alleged criminal offense against the victim(s) and the opportunity to be present at all such proceedings, pursuant to Rule 37 of the Ohio Rules of Criminal Procedure.

WARNING

Applies to

Settlement notice

If the parties reach a settlement, they must notify the court in writing.

If a settlement is reached, the parties shall notify the court in writing.

WARNING

Applies to

Mediation report

After mediation, the parties must inform the court who attended and whether the case settled.

Following mediation, the parties shall inform the court, in compliance with Revised Code Section 2710.06, who attended the mediation and whether the case settled.

INFO

Applies to

Judgment entry

At uncontested hearings, the Court requests counsel to present a judgment entry with supporting orders and sufficient copies for service on all required parties and entities.

20.07 At all uncontested hearings, the Court requests counsel to present a judgment entry with supporting orders and sufficient copies to be served on all parties and other entities as required by these rules.

INFO

Applies to

Wage release request

A debtor may obtain a release of wages by delivering the Court a signed employer statement of earnings for the past 30 days and paying the clerk the amount required by law to be withheld.

A debtor may obtain a release of wages upon delivery to the Court of a signed statement from his employer as to his earnings for the past thirty (30) days and upon payment to the clerk of the amount required by law to be withheld.