Chardon Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Motion for leave to file longer memorandum

A motion seeking leave to file a longer supporting 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

Civil filing

In addition, the Clerk shall not accept a civil filing without instructions for service unless an attorney has obtained permission signed by the assigned judge or magistrate to defer service of summons for a specific period of time.

In addition, the Clerk shall not accept a civil filing without instructions for service unless an attorney has obtained permission signed by the assigned judge or magistrate to defer service of summons for a specific period of time.

CRITICAL

Applies to

Opposition memorandum

A party opposing a motion must file and serve a memorandum in opposition.

All parties opposing motions shall file and serve a memorandum in opposition to the motion that has been filed and served against them.

CRITICAL

Applies to

Motion

A motion for an additional leave to plead must state the number and total length of the moving party's previous extensions.

Application for such leaves to plead shall be made by written motion setting forth the number of previous extensions obtained by the moving party and the total length of time of those extensions.

CRITICAL

Applies to

Trial brief

A trial brief must state the issues and authorities, list the witnesses the party intends to call, and list all exhibits the party intends to introduce.

The brief shall state the issues involved, authorities upon which counsel intends to rely at trial, a list of witnesses the party intends to call and a list of all exhibits the party intends to introduce at trial.

CRITICAL

Applies to

Electronic deposition filing

Filing an electronic deposition requires simultaneous filing of its paper transcript unless that transcript was filed earlier.

2. If a deposition in an electronic format is filed, a paper transcript of the deposition must be filed simultaneously unless the transcript has been filed previously.

CRITICAL

Applies to

Motion

A party seeking stenographic recording must file a written motion asking that the court reporter be named the official reporter for the hearing.

In the event a party desires recording by stenographic means, such party must arrange for the presence and advance payment of a court reporter and further file a written motion requesting that such individual be named as the official reporter for the hearing.

CRITICAL

Applies to

Civil action filing

A party initiating a civil action who seeks a waiver of filing charges must submit a Poverty Affidavit on the Court's prescribed form.

If the party initiating a civil action believes that he/she is unable to pay the costs of filing a complaint in a civil action, a counterclaim and/or a third party claim, then such person shall submit a Poverty Affidavit on the form prescribed by the Court requesting to have such charges waived.

CRITICAL

Applies to

Fax produced document

If an exhibit cannot be accurately faxed, the faxed document must include an insert page describing the exhibit and why it is missing.

E. 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

Itemized evidence inventory

Each party’s exhibits must be enumerated on a separate Inventory list.

Each party's exhibits shall be enumerated on separate Inventory lists.

CRITICAL

Applies to

Appointed counsel fee application

Appointed counsel must submit the prescribed Motion, Entry and Certification for Appointed Counsel Fees within 30 days after the final hearing.

Appointed counsel shall submit a Motion, Entry and Certification for Appointed Counsel Fees, as prescribed by the Ohio Public Defender's Office, within thirty (30) days from the date of the final hearing.

CRITICAL

Applies to

Notice of appearance

Changes to information in the initial Notice of Appearance must be reported immediately by filing a new Notice of Appearance.

Information set forth in the initial Notice of Appearance which is subsequently changed, such as attorney or address, shall be immediately reported by the filing of a new Notice of Appearance.

CRITICAL

Applies to

Opposition memorandum

When opposition to a motion requires consideration of facts outside the record, the opposition must include copies of all photographs or documentary evidence used.

Be accompanied by copies of all photographs or documentary evidence that will be used in opposition to the motion if the motion requires the consideration of facts that do not appear in the record.

CRITICAL

Applies to

Filing

Papers subsequently submitted to the Clerk for filing must contain the same information required in the Notice of Appearance.

Papers subsequently submitted to the Clerk for filing shall contain the same information as set forth above.

CRITICAL

Applies to

Application

Attorneys seeking appointment to represent indigent defendants must submit a resume and letter.

Attorneys who wish to be appointed to represent indigent defendants shall submit a resume and letter

CRITICAL

Applies to

Motion in limine

A motion in limine challenging an identified expert must set forth the facts and law supporting disqualification.

Prior to the Final Pretrial Conference, a party that wishes to challenge the qualifications of an expert witness identified by another party, must file a Motion in Limine setting forth the facts and law in support of the Motion to disqualify the expert from testifying.

CRITICAL

Applies to

Bond

The moving party must post bond in accordance with R.C. 1928.08.

the moving party must post bond in accordance with R.C. 1928.08.

CRITICAL

Applies to

Initial pleading

Must include

caption

All initial pleadings must include in the caption the information required by Ohio Civil Rule 10(A).

The caption of all initial pleadings shall contain the information required by Rule 10(A) of the Ohio Rules of Civil Procedure.

CRITICAL

Applies to

Default judgment motion

An account-claim complaint must attach the account balance and an affidavit from a person with personal knowledge or a records custodian.

E. If complaint on account, complaint must have account balance attached with an affidavit of a person having personal knowledge of or custodian of records, as to application; *

CRITICAL

Applies to

Pretrial statement

The pretrial statement must report settlement demands or offers to date, or the current status of negotiations.

2. The Status of Settlement Negotiations: Trial counsel shall advise the court of demands for, or offers of, settlement to date or the current status of settlement negotiations.

CRITICAL

Applies to

File stamped notification

The file-stamped notification to the submitting party or attorney must state that the exhibits will be destroyed if not retrieved within 60 days of written notice and explain where and when they may be retrieved.

The Court has sent a file-stamped notification to the party and/or attorney of record who submitted the exhibits indicating: a) The exhibits shall be destroyed if not retrieved within sixty (60) days from the date of written notification; and, b) The information as to where and when exhibits may be retrieved.

CRITICAL

Applies to

Default judgment motion

A default judgment submission must include a military affidavit.

F. Military Affidavit. *

CRITICAL

Applies to

Pretrial statement

The pretrial statement must set out additional items or requests that may aid in or affect the trial.

6. Other Matters: Trial counsel shall set forth those additional items or requests which may aid in, or affect, the trial of the cause such as:

WARNING

Applies to

Damages evidence

Uncertified documents must be accompanied by an affidavit or testimony to be considered proof of damages.

Uncertified documents not accompanied by an affidavit or testimony, may not be considered proof of damages.