Chardon Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Fee application

Judicial-release and other post-conviction motions must be submitted on a separate fee application.

Motions for judicial release and other post-conviction motions shall be submitted on a separate fee application, which shall be submitted within thirty (30) days of the date of the entry of the judge's decision.

CRITICAL

Applies to

Motion in limine

A party that fails to file a motion in limine under this rule waives the right to challenge at trial the qualifications or anticipated testimony of an expert properly identified by another party.

A party's failure to file a Motion in Limine, in accordance with this rule, challenging the qualifications and/or anticipated testimony of the expert witness properly identified by another party, shall constitute a waiver of the right to challenge the qualifications of the expert witness at trial.

CRITICAL

Applies to

Discovery application or motion

Must include

certificate of conference

A discovery application or motion must include a certificate stating the specific times and methods of attempted informal resolution.

A certificate to that effect shall be affixed to or made a part of the application or motion and it shall include the specific times and methods of attempted informal resolution.

CRITICAL

Applies to

Motion

A motion for an order of appearance of a judgment debtor must be filed with the Clerk of Courts like other motions, but no supporting memorandum is required.

In accordance with the provisions of Revised Code Chapter 2333, a motion for order of appearance of judgment debtor shall be filed as all other motions with the Clerk of Courts (except that no memorandum in support thereof shall be required).

CRITICAL

Applies to

Waiver

Waivers submitted in person or by mail must include proof of financial responsibility that was in effect on the date of the violation.

Waivers in person or by mail must be accompanied by proof of financial responsibility which must have been in effect on the date of the violation.

CRITICAL

Applies to

Trial deposition transcript

A transcript must be filed before any deposition is used at trial.

For every deposition to be used at trial, a transcript must first be filed.

CRITICAL

Applies to

Certification

The certification for a first automatic leave to plead must state that the party has obtained no previous extensions or leaves to plead in that case.

When no previous leave to plead has been taken, a party may obtain one automatic leave to plead by filing a certification stating that no previous extensions or leaves to plead have been obtained by that party in that particular case.

CRITICAL

Applies to

Subsequent pleading

Must include

judge name, case number

All pleadings filed subsequent to the initial pleading shall specify: 1. Case number; 2. The name of the Judge or the name of the Magistrate the case is assigned to. 3. The name, address and telephone number of the attorney who is making the filing and the attorney registration number. The attorney's facsimile number should be included if available; 4. The name, address and telephone number of each pro se litigant.

All pleadings filed subsequent to the initial pleading shall specify: 1. Case number; 2. The name of the Judge or the name of the Magistrate the case is assigned to. 3. The name, address and telephone number of the attorney who is making the filing and the attorney registration number. The attorney's facsimile number should be included if available; 4. The name, address and telephone number of each pro se litigant.

CRITICAL

Applies to

Order of destruction

After the stated conditions are satisfied, the bailiff must file an Order of Destruction signed by the trial judge, magistrate, or hearing officer.

Upon satisfaction of the foregoing conditions, the bailiff shall file an Order of Destruction, signed by the trial judge, magistrate or hearing officer.

CRITICAL

Applies to

Reply memorandum

A reply memorandum must be limited to rebuttal of the opposition memorandum.

The reply memorandum shall be restricted to matters in rebuttal of the memorandum in opposition.

CRITICAL

Applies to

Redacted copy

A redacted copy must display the prescribed caption wording and the notation “redacted” wherever information was removed.

1. The redacted copy will indicate in the caption, above the title of the action, “Redacted Copy, Personal and Private Information Redacted.” 2. The redacted copy of the document will have the notation “redacted” at all places in the document where such information was removed.

CRITICAL

Applies to

Pretrial statement

Trial counsel must file a pretrial statement covering applicable listed matters unless the court orders otherwise in a pretrial order.

At least seven (7) days prior to the pretrial conference, trial counsel for each of the parties shall file a pretrial statement. Unless otherwise ordered by pretrial order from the court, each pretrial statement shall contain a statement from trial counsel covering those of the following items as are appropriate to the pending litigation:

CRITICAL

Applies to

Application for permission to record or broadcast proceedings

The recording or broadcasting application need not follow a special form, but must identify and be signed by the applicant and specify the equipment to be used.

Although no special form of application is required, it must identify and be signed by the applicant and specify the type of equipment to be used.

CRITICAL

Applies to

Motion

Moving parties must file and serve motions with a brief written memorandum stating the grounds, requested relief, and supporting authorities.

All moving parties shall file and serve their motions with the following: 1. A brief written memorandum which shall: a) State with particularity the grounds in support of the motion; b) Set forth the relief or order sought; c) Specify the citations of the authorities upon which the motion is based.

CRITICAL

Applies to

Default judgment motion

A credit card default judgment motion must include an affidavit about the application from a person with personal knowledge or a records custodian.

B. If a credit card case; an affidavit must be submitted by a person having personal knowledge of or custodian of records, as to application; *

CRITICAL

Applies to

Affidavit

Any affidavit submitted under this rule must be an original and no more than six months old.

* An affidavit must be an original and no more than six months old.

CRITICAL

Applies to

Motion to designate an official court reporter

Counsel or a pro se party seeking a private official court reporter must file a motion requesting the appointment.

Counsel or a pro se party must file with the court a motion to designate an official court reporter in which counsel or a pro se party requests the court appoint a private court reporting firm as the official court reporter for the purpose of reviewing the electronic recordings of proceedings and transcribing the testimony.

CRITICAL

Applies to

Court filing

Attorneys must include their Supreme Court of Ohio attorney registration number on every paper filed with the Court.

All attorneys shall include their attorney registration number issued by the Supreme Court of Ohio on all papers filed with the Court.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must identify the expert or medical witnesses counsel expects to call at trial.

3. Exchange of Medical and Expert Reports: Trial counsel for each of the parties shall advise the court of the expert or medical witnesses that counsel expects to testify at trial.

CRITICAL

Applies to

Pretrial statement

Must include

exhibit list

The pretrial statement must list anticipated existing exhibits and anticipated exhibits not in counsel's possession; listed documents, except medical, drug, and hospital expenses, must be presented to the court at pretrial.

5. Exhibits: Trial counsel shall set forth those exhibits in existence which counsel expects to introduce during the trial of the case, such as photographs, plots, deeds, medical bills or expenses, etc. Except for medical, drug and hospital expenses, all listed documents shall be presented to the court at pretrial. Counsel shall also list those exhibits not in counsel's possession, which counsel expects to introduce at trial such as x-rays, diagrams, etc.

CRITICAL

Applies to

Letter or notice of appearance

Except for charges listed in subsection C, counsel may satisfy the defendant’s initial-appearance requirement by filing a letter or notice of appearance before the appearance date that includes the four specified items.

The requirement of the defendant’s initial appearance may be satisfied by counsel for the defendant with the exception of charges listed in (C) by filing a letter or notice of appearance with the court prior to the date of the initial appearance and setting forth all of the following: 1. Notice of Appearance; 2. Plea on the defendant’s behalf; 3. Waiver of the time for speedy trial; 4. Request that a pretrial be set.

CRITICAL

Applies to

Motion for leave to file longer opposition memorandum

A motion seeking leave to file a longer opposition memorandum must specify the unusual circumstances necessitating the excess length.

Application for leave to file a longer memorandum shall be by motion specifying the unusual circumstances which necessitate the filing of a memorandum that exceeds the limits imposed by this rule.

CRITICAL

Applies to

Notice of appearance

An attorney representing a party on the record at arraignment or felony bond setting must also submit a written Notice of Appearance to be acknowledged as attorney of record.

Attorneys are required to submit a written Notice of Appearance in addition to any personal appearance for arraignment or felony bond setting in which representation is made on the record. The court will not acknowledge the attorney present will be attorney of record without written notice.

CRITICAL

Applies to

Bail disbursement record

An accused seeking return of excess bail must identify themself before the Clerk under oath and in writing; the form must identify the amount applied and the purpose, and the written record must be filed in the case.

When the accused who deposited the bail or securities initially with the Clerk is released and discharged of such bail pursuant to R.C. 2937.40, then in such cases all or some portion of the deposited bail shall be applied towards the payment of court costs, any penalty or fine as may be assessed against such accused, and monies left over as excess thereafter will be returned to the accused only after proper identification is made before the Clerk and under oath and in written form that the accused is in fact the person to apply for such bail. Such accused shall be provided a form identifying the amount of such bail previously applied and identify one of the purposes set out above to which such bail is directed. The written record of such activity by the accused shall be filed with the record of the case.

CRITICAL

Applies to

Pretrial statement

When appropriate, the pretrial statement must list special damages and counsel must furnish opposing counsel verification; claims for lost wages or impaired earning capacity must state how they will be proved.

4. Special Damages: Where appropriate, trial counsel shall list all special damages and shall furnish to opposing counsel verification of these damages. Where lost wages or impairment of earning capacity are claimed, the basis on which the claim will be proven (i.e. testimony of the party, employee, etc.), shall be set forth.

CRITICAL

Applies to

Separately filed exhibit

A separately filed missing exhibit must have a subsection (B) cover sheet and must be signed and served under the rules governing pleadings.

2. Any exhibit filed as set forth above shall be attached to a cover sheet containing the information set forth in subsection (B) of this rule, and shall be signed and served in conformance with the rules governing the signing and service of pleadings in the court.

CRITICAL

Applies to

Motion

When a motion requires consideration of facts outside the record, the moving party must provide copies of all photographs or documentary evidence used in support.

Copies of all photographs or documentary evidence that will be used in support of the motion if the motion requires the consideration of facts that do not appear in the record.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must report discovery status and, when discovery is incomplete and the cutoff has not passed, identify anticipated additional discovery and the time needed to complete it.

1. Discovery: Counsel shall advise the court of the status of discovery and, if not completed and a cut-off date for discovery has not been exceeded, counsel shall advise the court of the additional discovery anticipated and the time necessary to complete it.

CRITICAL

Applies to

Default judgment motion

If assets or accounts were transferred, assigned, or sold, the motion must attach the assignment, transfer, or bill of sale.

D. If assets or accounts have been transferred, assigned or sold, attach a copy of assignment, transfer or bill of sale;

CRITICAL

Applies to

Appointed case time records

Counsel must maintain specified time records for each appointed case and provide them to the Court upon request.

In accordance with Ohio Public Defender Standards and Guidelines for Appointed Counsel Reimbursement, Section I(F)(2), counsel is required to prepare and maintain time records for each appointed case, showing the date of service, nature of services rendered, and hours worked. Time records shall be provided to the Court upon request.

CRITICAL

Applies to

Notice of appearance

Entries of appearance must be written, and retained counsel must file a Notice of Appearance containing the seven listed items.

All entries of appearance of counsel in an action shall be in writing. Retained counsel in all cases shall file a Notice of Appearance which shall contain the following: 1. Attorney's Name and Signature; 2. Supreme Court Registration Number; 3. Business Address; 4. Telephone Number; 5. Fax Number; 6. E-mail Address; 7. Party or Parties’ Attorney Represents.

CRITICAL

Applies to

Pretrial conference phone request

A request made after the status report hearing to hold the pretrial conference by phone must be written, state that opposing parties were contacted and consented, and be filed at least seven days before the scheduled pretrial.

Any request to hold the pretrial conference by phone made after the status report hearing, shall be in writing, shall indicate that the requesting party has contacted opposing parties, and received their consent, and shall be filed no later than seven days before the scheduled pretrial.

CRITICAL

Applies to

Judgment by confession

Before judgment by confession may be granted, the answering and confessing attorney must inform the court in writing of the specified review, validity, accuracy, and independence matters.

A. No judgment on a warrant to confess judgment shall be granted until the answering and confessing attorney has informed the court in writing that: 1. The warrant of attorney to confess judgment and the instrument to which it pertains appear in all respects on their face to be valid and in compliance with Revised Code Section 2323.13; 2. He or she has personally reviewed the documents on which the Complaint and Answer and confession of judgment is based and is satisfied that there are no matters reflected in these documents or of which the attorney is aware which give rise to any defense on behalf of the defendant; 3. He or she has reviewed all records of payments and all calculations and finds the amount prayed for to be accurate; and 4. He or she is not associated in the practice of law with the attorney who filed the complaint.

CRITICAL

Applies to

Appointment entry

Each appointment of counsel must be made by a court-prepared entry signed by the judge assigned to the case.

All appointments shall be made by entry prepared by the court and signed by the judge assigned to hear the case.

CRITICAL

Applies to

Bail deposit release authorization

Applying a third-party depositor’s bail toward the accused’s penalties, fines, or costs requires the depositor’s express written authorization under oath before the Clerk, and the release record must be filed in the case.

The Clerk of Courts shall not apply any portion of the deposited bail towards the satisfaction of any penalty, fine or court costs as may be assessed upon that person's conviction or plea, unless the person other than the accused who initially deposited such bail with the Clerk, expressly and in written form and under oath before the Clerk authorizes such release of the deposited bail in full or in part and for one of the above designated purposes. The record of such release in regard to the application of such deposited cash or securities shall be filed with the record of the case. The Clerk of Courts shall provide appropriate forms to the satisfaction of the Clerk addressing such release of the deposited bail towards payment of any charges as aforesaid.

CRITICAL

Applies to

Motion

Counsel may withdraw only with written leave of court for good cause shown, requested by written motion; the Court may permit withdrawal.

Once an appearance is made, counsel may withdraw from a case only by written leave of court for good cause shown. It is contemplated that counsel who has entered an appearance in a case shall remain in the case until concluded. However, upon written motion for leave to withdraw from the action for good cause shown, the Court may permit counsel to withdraw.

CRITICAL

Applies to

Stipulation

The stipulation for an additional leave to plead must indicate opposing counsel's consent and certify the number and total length of prior extensions.

One additional leave to plead may be obtained by a party for a period of not more than twenty-eight (28) days by the filing of a stipulation indicating consent by opposing counsel to the leave to plead. In such stipulation, the party obtaining the leave to plead shall certify the number of extensions of time previously obtained by that party in that case, and the total length of time of those extensions.

CRITICAL

Applies to

Judgment by confession

Counsel must provide the court with the statutory notice and a properly addressed, prepaid certified-mail envelope with return receipt requested.

B. Counsel shall provide the court with the notice required by Revised Code Section 2323.13(C) and a properly addressed, prepaid certified mail envelope, return receipt requested.

CRITICAL

Applies to

Entry granting request to release view copy or listen to evidence

Anyone requesting to release, view, copy, or listen to evidence must present the specified request form signed by a judge to the bailiff.

Persons requesting exhibits must present an Entry Granting Request to Release, View, Copy or Listen to Evidence form, signed by a judge and presented to the bailiff.

CRITICAL

Applies to

Document requiring clerk service

A document the Clerk must serve on counsel or parties must designate their names and addresses or the Clerk will not accept it for filing.

The Clerk shall not accept for filing any document that must be served by the Clerk upon counsel or parties which does not designate their names and addresses.

CRITICAL

Applies to

Exhibit list

Counsel must give the bailiff and the court a list identifying each exhibit by its number or letter.

Counsel shall furnish the bailiff and the court with a list identifying each exhibit with the accompanying identifying number or letter.

CRITICAL

Applies to

Default judgment motion

A default judgment motion involving a contract must attach the contract or credit application.

A. If the complaint involves a contract, attach copy of contract, or credit application;

CRITICAL

Applies to

Deposition

A deposition filing must include counsel’s certification that it complies with this rule and Local Rule 2.09(IV).

3. The Clerk shall not accept for filing any deposition unless it is accompanied by a certification from counsel that it is being filed in compliance with this rule and Local Rule 2.09(IV).

CRITICAL

Applies to

Settlement notice

A settlement transmission must state that settlement has been reached and that the dismissal or entry is expected within 14 days.

If settlement has been reached between the parties, the electronic transmission shall state that settlement has been reached and the Court is to expect the dismissal and/or entry within 14 days.

CRITICAL

Applies to

Document requiring clerk service or notice

Documents requiring service or notice by the Clerk must include the relevant parties’ addresses in the caption, or state that an address is unknown if it is in fact unknown.

All documents requiring service or notice by the Clerk upon filing shall: a) Include the address of the plaintiffs, defendants, or third parties in the caption of the document; or b) Indicate that the addresses of the plaintiffs, defendants or third parties are unknown if such addresses are in fact unknown.

CRITICAL

Applies to

Motion

A continuance motion based on conflicting trial assignments must attach a copy of the conflicting assignment.

The Court will not entertain any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto and the motion is filed not less than thirty days prior to trial.

CRITICAL

Applies to

Default judgment motion

A credit card default judgment motion must include at least twelve months of statements, including the first, most recent, and activity statements.

C. If credit card case, please attach copies of monthly statements for a period of at least twelve months. Include first month’s statement, most recent statements, and statements with activity (purchases, interest and fees);

CRITICAL

Applies to

Itemized evidence inventory

The Itemized Evidence Inventory must contain the caption, case number, judge or magistrate, bailiff, counsel, exhibit numbers, identification and admission status, a brief description of each exhibit, and an annotation if an exhibit was photographed and returned.

The bailiff shall complete an Itemized Evidence Inventory (“Inventory”), which shall contain the following information: a) Caption; b) Case number; c) Judge or Magistrate; d) Bailiff; e) Counsel; f) Each exhibit number; g) Whether each exhibit was identified; h) Whether each exhibit was admitted; i) A brief description of each exhibit; and, j) An annotation if the exhibit was photographed and returned.

CRITICAL

Applies to

Motion

Counsel's withdrawal request must certify that the client and all other counsel of record have been notified.

In such case, counsel shall certify that the client and all other counsel-of-record have been notified.

CRITICAL

Applies to

Fax filing

Must include

judge name, case number

A fax filer must provide a cover page with the case, court, document, transmission, filer, attorney, and cost-submission information specified in the rule.

B. The person filing a document by fax shall also provide a cover page containing the following information: 1. Name of Court; 2. Title of Case; 3. Case Number; 4. Assigned Judge; 5. Title of Document being Filed; 6. Date of Transmission; 7. Transmitting Fax Number; 8. An indication of the number of pages included in the transmission, including the cover page; 9. An indication that a judge or case number has not been assigned, if applicable; 10. Name, Address, Telephone Number, Fax Number, and, if applicable, the E-Mail Address of Person Filing the Fax Document; 11. For an Attorney, his or her Ohio Supreme Court Registration Number and Firm Name, if any; and 12. A Statement explaining the manner in which costs are being submitted, if applicable.