Conneaut Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Courtroom recording permission request

Requests for permission to broadcast, televise, record, or photograph courtroom proceedings must be made in writing.

Requests for permission to broadcast, televise, record, or take photographs in the courtroom shall be in writing.

CRITICAL

Applies to

Fax filed signed document

A party fax-filing a signed document represents that the physically signed source document is in their possession or control.

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

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must be accompanied by an affidavit based on personal knowledge, establishing the affiant’s competence and stating facts admissible in evidence; the available text ends mid-sentence.

Unless otherwise ordered by the Court, Motions for Default Judgment which are accompanied by an Affidavit on personal knowledge, showing affirmatively that the Affiant is competent to testify to the matters stated therein and setting forth such facts as would be admissible in evidence in support of the

CRITICAL

Applies to

Motion for appointment of court reporter

A party seeking a transcript for an appeal or another court proceeding must file a motion for appointment of a court reporter to transcribe the recording.

If a party seeks to obtain a transcript of the proceedings for appeal or use in other court proceedings, a motion shall be filed with the court for appointment of a court reporter to make a written transcription of the audio recording.

CRITICAL

Applies to

Trusteeship application

A debtor seeking a trusteeship must submit a payroll check stub or statement of earnings.

In order for a debtor to qualify for a trusteeship with the Court, the debtor must submit a payroll check stub or payroll statement of earnings and pay in full the filing fee.

CRITICAL

Applies to

Continuance motion

If the opposing party gives verbal consent, the continuance motion must note that consent in its body.

The verbal consent must be noted in the body of the motion.

CRITICAL

Applies to

Fax cover page

Must include

judge name, case number

4.08. The person filing a document by fax shall also provide therewith a cover page containing the following information: 1) The name of the court; 2) The title of the case; 3) The case number; 4) The assigned Judge; 5) The title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); 6) The date of transmission; 7) The transmitting fax number; 8) An indication of the number of pages included in the transmission, including the cover page; 9) If a judge or case number has not been assigned, state that fact on the cover page; 10) 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 11) If applicable, a statement explaining how costs are being submitted.

4.08. The person filing a document by fax shall also provide therewith a cover page containing the following information: 1) The name of the court; 2) The title of the case; 3) The case number; 4) The assigned Judge; 5) The title of the document being filed (e.g. Defendant Jones’ Answer to Amended Complaint; Plaintiff Smith’s Response to Defendants’ Motion to Dismiss; Plaintiff Smith’s Notice of Filing Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss); 6) The date of transmission; 7) The transmitting fax number; 8) An indication of the number of pages included in the transmission, including the cover page; 9) If a judge or case number has not been assigned, state that fact on the cover page; 10) 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 11) If applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Separately filed exhibit

Must include

caption, judge name, case number

An exhibit filed separately in this manner must have a cover sheet with the case caption, court name, case title and number, judge’s name, and exhibit title.

4.14. 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 Defendants’ Motion to Dismiss),

CRITICAL

Applies to

Written bond recommendation

If the defendant is not present at arraignment, the prosecutor must prepare and file a written bond recommendation using a Court-supplied form.

If not present at the arraignment, the prosecutor shall prepare and file with the Court a written bond recommendation on a form supplied by the Court.

CRITICAL

Applies to

Fax filed signed document

A party fax-filing a signed document must send either the signed source document or an unsigned copy marked “/s/” followed by the signer’s name where the signature appears.

4.11. A party who wishes to file a signed source document by fax shall either: 1) Fax a copy of the signed source document; or 2) Fax 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

Source document

The filer need not file the source document with the clerk, but must retain it, produce it on request, and keep it until the case and all appeal opportunities are concluded.

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

Pretrial statement

At the pretrial/case management conference, the Judge and counsel must complete a Pretrial Statement form covering settlement prospects, stipulated and disputed facts, special legal issues, and the specified case schedule.

At the conference, the Judge and counsel will complete a Pretrial Statement form setting forth the possibility or probability of settlement, facts which can be stipulated and those remaining in contention, special legal issues, if any, and a time-table for the amendment of pleadings, the filing of motions, the exchange of expert witness reports and medical and hospital records, the termination of discovery and the trial of the action.

CRITICAL

Applies to

Video conference participation

A party must obtain court permission by order before participating in a conference or hearing by video.

Permission of the Court by court order is required before a party may participate by video.

CRITICAL

Applies to

Statement of claim

To commence a small claims action, the claimant must complete and file a Statement of Claim using the Court-prescribed form or another approved document.

A small claim action is commenced by completing all of the information contained thereon and filing a Statement of Claim on the form prescribed by the Court or other approved document, pursuant to Ohio Revised Code Section 1925.04.

CRITICAL

Applies to

Transfer request

A small-claims action will be transferred to the regular docket only after a motion and affidavit are filed and the required costs and filing fees are paid in full.

Upon filing of motion and affidavit, as required by the Ohio Revised Section 1925.10, and upon payment of the required cost, the small claims action will be transferred to the regular docket. No transfer will be granted until the filing fees are paid in full.

CRITICAL

Applies to

Dismissal application

A prosecutor seeking dismissal must file a written application stating the reasons, and the charge may be dismissed only with leave of court.

When the prosecutor desires to dismiss a criminal charge, he or she shall file a written application therefore pursuant to the provisions of Rule 48 of the Ohio Rules of Criminal Procedure. The prosecutor shall state in a written application the reasons for the requested dismissal. A criminal charge may only be dismissed by the State by leave of court pursuant to this Rule.

CRITICAL

Applies to

Electronic filer account forms

To establish an electronic filer account, a filer must file a properly executed and signed User Agreement Form and Credit Card Authorization Form with the clerk.

Upon the filing of a properly executed and signed User Agreement Form and Credit Card Authorization Form with the clerk, the clerk shall establish an electronic filer user account and assign a filer identification number and initial password to be used for electronically filed documents.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

After the defendant fails to respond within 28 days of perfected service, a motion for default judgment and proposed judgment entry should be filed and submitted with appropriate supporting evidence.

Upon perfection of service and the failure of defendant to respond in twenty- eight (28) days, a Motion for Default Judgment and a proposed Judgment Entry should be filed and submitted, respectively, with the appropriate supporting evidence.

CRITICAL

Applies to

Motion supporting brief

A party filing a motion must file a supporting brief with a concise statement of the points relied upon and supporting authorities.

A party filing any motion shall file therewith a brief in support containing a short concise statement of the points relied upon and the authorities supporting such contentions.

CRITICAL

Applies to

Fax filed document

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

4.13. 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

Fax filing

A fax filing is the effective original filing, but the filer must retain the source document with required original signatures and the cover-sheet source copy, make them available to the Court on request, and keep the source document until the case and post-judgment relief opportunities have concluded.

4.06. A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy for the facsimile cover sheet used for the subject filing. 4.07. The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief have been exhausted.

CRITICAL

Applies to

Journal entry

The journal entry must state which party will pay the court cost.

The journal entry shall state which party will pay the court cost.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must be accompanied by a proposed Judgment Entry.

All motions shall be accompanied by a proposed Judgment Entry for the Court’s review and consideration.

CRITICAL

Applies to

Motion

Motions must be written and accompanied by a written memorandum containing counsel’s arguments.

All motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel.

CRITICAL

Applies to

Electronically filed pleading

Electronically filed pleadings must be signed by an Ohio-admitted attorney or an unrepresented party.

5.04. 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

Voluntary dismissal

A voluntary dismissal must be made in writing, and attempts to discuss it by telephone are not permitted.

Voluntary dismissals of actions can only be accomplished in writing, and any attempts to discuss by telephone shall be not be permitted.

CRITICAL

Applies to

Settlement agreement

Settlement agreements must be executed before the jury-trial day and will not be accepted on that day unless the jury demand has been withdrawn.

A status conference will be scheduled at least fourteen (14) days prior to all jury trials. All settlement agreements must be executed prior to the jury trial day. No settlement agreements will be accepted by the Court on the day of the jury trial, unless the jury demand has been withdrawn.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

A continuance motion must include a supporting brief stating the reasons for the request and a proposed judgment entry for the Court’s review and approval.

All motions for continuance shall be submitted to the Court in writing at least seven (7) days prior to scheduled hearing and must contain a brief in support setting forth the reasons requiring the continuance along with a proposed judgment entry for the Court’s review and approval.

CRITICAL

Applies to

Motion

Each motion must be in writing 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

Settlement order

Settlement orders submitted for court approval must bear the attorneys’ signatures and, for a pro se party, that party’s notarized or deputy-clerk-witnessed signature before approval and execution; the Court may accept other satisfactory evidence of the pro se party’s agreement or signature.

All settlements presented to the Court as a Consent Order, Agreed Judgment Entry, or similar settlement order which requires the Court’s approval and execution which details the terms of an agreement between the parties shall include the signatures of the attorneys representing the parties and, if a party is pro se, the signature of the pro se party which has either been notarized or witnessed by a deputy clerk, before Court approval and execution. If a proposed settlement order is submitted to the Court that does not meet the requirements of this rule, the Court may return the order to plaintiff’s counsel for proper execution and resubmission unless other satisfactory evidence is presented to the Court supporting the pro se litigant’s agreement and/or signature.

CRITICAL

Applies to

Jury service request

Requests for jury-service exemptions, excuses, or deferrals must be submitted in writing and approved by the Judge.

All requests for exemptions, excuses or deferrals, must be in writing for approval by the Judge of the Conneaut Municipal Court. No exemption, excuse, or deferral shall be permitted unless approved by the Judge.

WARNING

Applies to

Appearance of representation

For a minor misdemeanor, a defense attorney may enter an appearance that includes a not-guilty plea and time waiver, but the defendant must sign it.

For minor misdemeanors, defense attorneys may enter an appearance of representation including a not guilty plea and waiver of time which must be signed by the defendant.

WARNING

Applies to

Motion for appointment of official court reporter

Court reporter fees are borne by the party providing the reporter unless that party timely moves before trial or hearing for an official reporter and requests in advance that the fees be taxed as costs.

No fees for court reporters will be taxed as cost or otherwise paid by anyone other than the party providing the court reporter, unless that party makes a timely motion prior to trial or hearing for the appointment of an official court reporter and requests in advance that the fees be taxed as costs.

WARNING

Applies to

Court reporter appearance

A party may have a court reporter present to record proceedings only after prior notice and a court order.

Upon prior notice and order of court, a party in any case may have a court reporter present to record the proceedings.

INFO

Applies to

Written plea

The Court may accept written pleas for minor misdemeanor offenses on forms it prescribes.

Written pleas on minor misdemeanor offenses may be accepted on the forms prescribed by the Court.