Columbiana County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Online access user agreement form

The Clerk sets up an electronic User account and assigns login credentials upon receiving a properly completed and signed Online Access User Agreement Form.

Upon receipt of a properly completed and signed Online Access User Agreement Form, the Clerk shall set up an electronic User account and assign a User-id and initial password to be used for electronically submitted documents.

CRITICAL

To seek relation back of a corrective document after a technical rejection, the User must file a motion with the Court.

If an electronically submitted document is rejected for filing due to technical errors and the User wishes to have a corrective document relate back to the date and time of the rejected document, the User must file a motion with the Court seeking such relief.

CRITICAL

Applies to

Withdrawal request

Counsel seeking to withdraw must submit a written request and appear at the next scheduled proceeding unless substitute counsel has appeared or the Court grants prior leave.

Any counsel intending to withdraw from representation must submit a written request and such counsel shall appear at the next scheduled court proceeding for such case unless substitute counsel has appeared of record or unless the Court grants prior leave.

CRITICAL

Applies to

Court filing

Court filings must be original, signed documents delivered to the Clerk of Courts.

All court filings must be original documents, signed, and delivered to the Clerk of Courts.

CRITICAL

Applies to

Agreed judgment entry

The agreed judgment entry must state the agreed disposition, waive personal appearance, and consent to judgment and sentencing in the defendant's absence; the defendant, counsel, and assistant prosecuting attorney must approve it.

The judgment entry shall contain the agreed disposition of the sentencing may be pronounced against the defendant in his or her absence. The case, a waiver of personal appearance and consent that judgment and defendant, the defendant's counsel, and the assistant prosecuting attorney must approve the agreed judgment entry.

CRITICAL

Applies to

Negotiated plea agreement

A reduced or dismissed negotiated plea will be accepted only if the prosecutor or Village Solicitor provides a written or on-the-record statement addressing consultation or an opportunity to comment, approval or unreasonable withholding of approval, and the reasons for that withholding.

Negotiated pleas, where a charge is reduced or dismissed, will be accepted by the Court only where the prosecuting attorney or Village Solicitor provides to the court in writing or on the record a statement that the complaining party, victim, and/or the arresting officer was consulted or given the opportunity to express an opinion concerning the proposed plea agreement and he or she approved the proposed plea agreement or that his or her approval was unreasonably withheld together with the Prosecutor's or Solicitor's reasons why the withheld approval was unreasonable.

CRITICAL

Applies to

Motion

Every motion must be written and accompanied by a written memorandum containing citations or counsel's arguments.

All motions must be in writing and accompanied by a written memorandum containing citations or the arguments of counsel.

CRITICAL

Applies to

Jury demand

A party demanding a civil jury trial must file the number of jurors requested in accordance with Civil Rule 48.

The party shall also file the number of jurors requested consistent with Civil Rule 48.

CRITICAL

Applies to

Document requiring two or more signatures

For documents requiring multiple signatures, the User must confirm the content is acceptable to all signers and indicate the agreement of other counsel or self-represented persons in the document.

c. For documents requiring two or more signatures, such as stipulations, journal entries, agreed judgment entries, or separation agreements, the following procedure applies: (1) The User shall confirm that the content of the document is acceptable to all persons required to sign the document; and (2) The User will indicate the agreement of other counsel or person representing themselves at the appropriate place in the document, usually on the signature line.

CRITICAL

Applies to

Journal entry

If the Court orders a journal entry, prevailing counsel must prepare it.

Counsel for the party in whose favor an order or judgment is rendered shall prepare a journal entry, if ordered by the Court.

CRITICAL

Applies to

Electronically submitted document

An electronically submitted document must be signed by a qualified Ohio attorney or by the person representing themselves.

Any electronically submitted document must be signed by an attorney admitted, in good standing, and licensed to practice law in the State of Ohio or person representing themselves.

CRITICAL

Applies to

Journal entry

A journal entry must allocate court costs among the parties.

The journal entry shall allocate the court costs between or among the parties.

CRITICAL

Applies to

Agreed judgment entry

Before accepting an agreed judgment entry, the court requires the listed payment, the driver's license if it will be suspended and is not already held by the court, and proof of insurance or other required financial responsibility.

Before the Court will accept the agreed judgment entry it must be accompanied by the following: A. An attorney's trust check, money order, certified check or bank check covering the total amount of the unsuspended portion of the fine and the court costs. B. Defendant's driver's license, if the defendant's driver's licenses will be suspended and is not presently held by the Court. C. Proof that defendant's operation of the vehicle was covered by insurance or other proof of financial responsibility as required by Ohio Revised Code Section 4509.101 (A) and 4509.45.

CRITICAL

Applies to

Notice of representation

Retained counsel must immediately notify the Clerk in writing of the representation.

When counsel is retained to represent any party, such attorney shall immediately notify the clerk in writing of such representation.

CRITICAL

Applies to

Continuance motion

A continuance motion based on counsel's scheduled appearance in another court must include a copy of that court's notice.

A copy of the notice from the other court shall be attached to the Motion for Continuance.

CRITICAL

Applies to

Motion

A motion must be written, timely under the Rules of Criminal Procedure, and include its specific grounds, facts sufficient to establish a prima facie case if uncontroverted, and supporting authorities; cite Ohio authority where it exists before non-Ohio authority.

The Court will not entertain motions, which fail to comply with Criminal Rule 47. To be in conformity, the motion must be in writing and filed within the time limits set by the Rules of Criminal Procedure, and must contain the following: A. The specific grounds upon which motion is based; A recital of facts asserted which, if uncontroverted, would be sufficient to establish a prima facie case for the submitting party; C. Citations to authority in support of the position of the submitting party. Ohio authority is to be cited in all instances where it exists and only thereafter will non-Ohio authorities be cited.

WARNING

Applies to

Jury duty excuse request

A request to be excused from jury service for a scheduled vacation must include documentation verifying travel reservations.

A person may be excused for a scheduled vacation if his or her request for excuse is accompanied by documentation verifying travel reservations.

WARNING

Applies to

Jury duty excuse request

A request to be excused from jury service for medical reasons must include a physician’s statement describing the condition and its effect on jury service.

A person may be excused for medical reasons if his or her request is accompanied by a physician's statement describing the nature of the condition and the doctor's opinion that the condition will interfere with jury service.

WARNING

Applies to

Written appearance motion

A defendant meeting either exceptional circumstance may submit, through counsel of record, a written Traffic Rule 12 motion and an agreed judgment entry reflecting a guilty or no-contest plea to the original or an amended charge.

If defendant meets either of these "exceptional circumstancesi defendant may submit, through his or her attorney of record, a No rang Rug 12 an written motion pursuant to Traffic Rule 12 and an agreed judgment entry evidencing defendant's pleas of guilty or no contest to the original charge or to an amended charge.

WARNING

Applies to

Plea

The defendant need not appear if the court receives a written guilty plea or a signed no-contest plea and bond in the amount listed in Exhibit B, which may be modified.

The defendant shall not be required to appear if a written plea of guilty or the defendant has signed no contest and payment of bond is received in the amount set forth in the bond schedule attached as Exhibit B, which may be modified from time to time.

INFO

Applies to

Written appearance

For a defendant who has previously appeared personally or through counsel, exceptional circumstances under Traffic Rule 12 include being a nonresident of Columbiana County or losing at least half a day of gainful employment because of an appearance.

For purposes of Traffic Rule 12, the following shall be considered "exceptional circumstances in all traffic cases where the defendant has previously appeared personally or through counsel. A. The defendant is not a resident of Columbiana County, Ohio. B. The defendant is a resident of Columbiana County, Oho but defendant's personal appearance in court would cause the defendant to lose one half (1/2) day or more of gainful employment.