Crawford County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Motor vehicle levy submission

For a vehicle levy, the party or attorney must provide the Bailiff an accurate vehicle description, a license or serial number, and a written lien statement, and determine fair market value through three appraisers.

If the item to be levied upon is an automobile or other motor vehicle, the party or his/her attorney shall furnish the Bailiff with an accurate description of the automobile or motor vehicle, a license number or serial number, and a written statement as to whether there are any liens on it, and he/she shall also determine the fair market value of the vehicle to be determined by three (3) appraisers.

CRITICAL

Applies to

Motion

Motions must be in writing, except those normally made at trial.

All motions, except those normally made at trial, shall be made in writing, served on opposing counsel, and made within the time limits prescribed in the Ohio Rules of Criminal Procedure.

CRITICAL

Applies to

Trustee appointment order

An order appointing the Clerk of Court as Trustee must be prepared and approved by the Judge.

An order shall be prepared appointing the Clerk of Court to act as Trustee and shall be approved by the Judge.

CRITICAL

Applies to

Default judgment motion

For a liquidated claim, the moving party must file an affidavit or memorandum with sufficient information supporting the claim in addition to the motion.

If the claim is liquidated, in addition to the motion, the moving party shall file an affidavit or memorandum containing sufficient information in support of the claim.

CRITICAL

Applies to

Praecipe

After a judgment ordering a defendant to vacate, the authorized person may not proceed until a praecipe requesting the action is filed.

When a judgment has been rendered ordering a defendant to vacate premises, the person authorized by the Court shall not proceed until there is filed with the Court a praecipe requesting such action, and the praecipe shall be accompanied by a deposit in accordance with the Court’s Court Costs Schedule.

CRITICAL

Applies to

Request for excuse exemption or deferral

Requests for excuse, exemption, or deferral must use the provided form and include appropriate documentation.

All requests for excuse, exemption, or deferral must be made on the form provided, and shall be accompanied by appropriate documentation.

CRITICAL

Applies to

Inability to pay incarceration costs statement

A person claiming inability to pay incarceration costs must furnish the Court a signed written statement about assets, liabilities, and dependent-support costs.

any person before the Court for consideration under such Ordinance or Resolution who claims inability to pay the costs of incarceration, either in whole or part, shall furnish the Court with a written and signed statement setting forth information as to such person’s assets and liabilities, including, but not limited to, current wages and employment and last employment, accounts in financial institutions, property owned, the costs of supporting dependents, and debts.

CRITICAL

Applies to

Jury excuse deferral or exemption form

A person may not be excused from jury service without completing the jury excuse, deferral, or exemption form.

No person who does not complete the jury excuse deferral or exemption form shall be excused from service.

CRITICAL

Applies to

Small claim transfer motion

A motion and affidavit must be filed to request transfer of a Small Claim to the regular docket.

Upon filing of motion and affidavit, as required by Ohio Revised Section 1925.10 (B), and upon payment of the required cost, the Small Claim may be transferred to the regular docket.

CRITICAL

Applies to

Application

The application 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

Indigency motion and affidavit

A party claiming indigency must file a written motion and affidavit stating income and expenses.

Upon a claim of indigency, a party shall file a written motion and affidavit setting forth his or her income and expenses, and the Court shall rule on the same.

CRITICAL

Applies to

Journal entry

Counsel for the party receiving judgment must prepare a journal entry unless the Judge will prepare it; a Court-prepared entry need not be submitted for approval.

Counsel for the party whose favor an order of judgment is rendered shall prepare a journal entry unless the trial Judge indicates that he/she will prepare same; if Court-prepared, the entry will not be submitted for approval.

CRITICAL

Applies to

Substitution request

Substitution of parties must be requested by motion and approved by court order.

Substitution of parties, at any stage of the proceedings, must be by motion and order of the Court.

CRITICAL

Applies to

Rent escrow application

A rent escrow application must be accompanied by one month’s rent, the landlord’s or agent’s current address, a copy of the notice sent to the landlord, and the certificate of mailing.

An application for rent escrow may be filed by a tenant along with one (1) month’s rent. The tenant must bring the current address of the landlord or landlord’s agent. The application must have attached to it, a copy of the notice sent to landlord and the certificate of mailing.

CRITICAL

Applies to

Unemployment documentation

A debtor/applicant who becomes unemployed must provide the Court with written documentation of efforts to obtain gainful employment.

If debtor/applicant becomes unemployed, the debtor/applicant shall provide to this Court written documentation demonstrating his/her efforts to obtain gainful employment.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A party seeking default judgment under Ohio Civil Rule 55 must file a written motion and proposed Judgment Entry with the Clerk of Courts.

A party seeking a default judgment pursuant to Ohio Civil Rule 55 shall file a written motion and a proposed Judgment Entry with the Clerk of Courts.

CRITICAL

Applies to

Complaint

Criminal and traffic cases must be commenced by filing a complaint that identifies the charged offense and the statute or ordinance number.

All criminal and traffic cases shall be commenced in this Court by the filing of a complaint. All complaints shall state the name of the offense charged and shall contain the numerical designation of the statute or ordinance.

CRITICAL

Applies to

Title search

When a defendant posts a property bond, the defendant’s attorney or an attorney for the property surety must provide the Clerk a title search certifying the property description, deed names, County Auditor value, and any filed liens.

In all criminal cases where the Defendant posts a property bond, his/her attorney or an attorney for the surety whose property is being used to secure the bond must provide the Clerk of the Courts with a title search, certifying the following: - A short description of the property; - The names that appear on the deed; - The true value of the property as shown on the records in the County Auditor’s office; and - Whether there are any liens on file against the property.

CRITICAL

Applies to

Small claims complaint

A Small Claims action is commenced by filing a Small Claims Complaint.

A Small Claims action is commenced by filing a Small Claims Complaint, pursuant to Ohio Revised Code Section 1925.

CRITICAL

Applies to

Secured creditor election

After receiving notice of a trusteeship application, a secured creditor must file a written election to participate and any agreement with the debtor/applicant, or file an objection to inclusion.

Upon receipt of a notice of the filing of an application for trusteeship as provided in ORC §2329.70, a secured creditor shall file with the Court, in writing, its election to participate and its agreement with the debtor/applicant, if such has been created, or its objection to being included.

CRITICAL

Applies to

Application

An application to record or broadcast proceedings must be made in writing to the assigned judge.

Application for permission to record and/or broadcast proceedings shall be made in writing to the assigned judge as far in advance as reasonably practical, but in no event less than one-half hour prior to the proceeding unless otherwise permitted by the judge.

CRITICAL

Applies to

Withdrawal application

Must include

certificate of service

A withdrawal application must be a written entry or motion stating its reasons and containing the listed trial information, service and client-notification certifications, and counsel’s statement about mailing a copy to the client.

No such application will be considered unless a written entry or motion is presented stating the reasons for the application. The entry or motion will contain the following: [1] The time and date of trial, if set; [2] A certification of service to opposing counsel; [3] Certification that the client has bee notified that the attorney is seeking to withdraw from the case; [4] Counsel’s professional statement that , if allowed, a copy of the entry will be mailed immediately to the last known address of the client.

CRITICAL

Applies to

Inability to pay fine statement

A person claiming inability to pay a fine must furnish the Court a signed written statement about assets, liabilities, and whether the fine could be paid by a specified date if given more time.

any person who claims inability to pay a fine shall furnish the Court with a written and signed statement setting forth information as to such person’s assets and liabilities, including, but not limited to, current wages and employment and last employment, accounts in financial institutions, property owned, and debts, and shall set forth whether the fine could be paid by a certain date if time to pay were granted.

CRITICAL

Applies to

Written jury demand

Prospective jurors may be summoned only after a written jury demand is filed, if one is required.

Prospective jurors shall be summoned only upon the filing of a written jury demand, if required.

CRITICAL

Applies to

Settlement judgment entry

The Plaintiff must submit a judgment entry detailing settlement terms within 14 days of the notice, unless the Court orders otherwise.

The Plaintiff must submit a judgment entry detailing the settlement terms within fourteen (14) days of such notification, unless otherwise ordered by the Court.

CRITICAL

Applies to

Jury trial waiver

After a written jury demand is filed, any later jury-trial waiver must be in writing at least eight days before trial.

Once a written demand for jury has been filed, any subsequent waiver of the jury trial shall be made in writing at least eight (8) days prior to the trial date.

CRITICAL

Applies to

Motion

A debtor/applicant seeking an exception must file a motion supported by an affidavit proving that the failure was not due to willful neglect.

unless, upon motion supported by affidavit, the debtor/applicant proves to the satisfaction of this Court that the failure to maintain the trusteeship was not due to willful neglect.

CRITICAL

Applies to

Settlement offer

The prosecution must provide a written settlement offer at least two days before the scheduled pretrial or, if none is scheduled, before trial.

The Prosecuting Attorney or Law Director shall provide to Defendant or his/her attorney a written offer of settlement at least two (2) days prior to the scheduled pretrial or trial, if no pretrial has been scheduled.

CRITICAL

Applies to

Continuance motion

If a continuance motion involves a prior trial conflict, it must state the scheduling date and attach a copy of the notice.

If a prior trial conflict exists, the date of scheduling shall be stated, with a copy of the notice attached to the motion.

CRITICAL

Applies to

Affidavit of indigency

Appointed counsel must ensure that the completed Affidavit of Indigency is signed by the Defendant, notarized, and filed with the Court.

Appointed counsel is responsible for ensuring that a completed Affidavit of Indigency has been signed by Defendant, notarized and filed with the Court. Failure to do so may result in the non-payment of Appointed Counsel fees.

CRITICAL

Applies to

Filing

Each filing must identify filing counsel with contact and registration information and, for a law-firm filing, identify the attorney primarily responsible for the case.

Every pleading, motion, or document filed on behalf of a party shall have printed or typed thereon the name, address, telephone number, and attorney registration number of counsel filing the same, and if filed by a law firm, the name of the particular attorney having primary responsibility for the case shall be indicated thereon.

CRITICAL

Applies to

Jury summons

A jury summons must clearly explain how and when the recipient must respond and the consequences of failing to respond.

Said summons shall clearly explain how and when the recipient must respond and the consequences of his failure to respond.

CRITICAL

Applies to

Objection to finding of fact

An objection to a factual finding must be supported by the relevant transcript or, if unavailable, an affidavit of the evidence.

Any objection to a finding of fact shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that fact or an affidavit of that evidence if a transcript is not available.

CRITICAL

Applies to

Written plea of not guilty

A written not-guilty plea may be entered before arraignment and must contain the Defendant’s signed consent and the Prosecuting Attorney’s or Law Director’s approval.

Written pleas of “not guilty” may be entered prior to the date of arraignment. The written plea of “not guilty” must contain the signed consent of the Defendant and the approval of the Prosecuting Attorney or Law Director.

CRITICAL

Applies to

Filing

Must include

caption

The caption of a filing must identify parties appearing in the proceedings for the first time and include their complete addresses if known.

In every pleading, motion, or document filed on behalf of a party or parties, there shall be set forth in the caption the names of all parties with complete addresses, if known, whose names appear in the proceedings for the first time.

CRITICAL

Applies to

Civil jury trial demand

A party claiming indigence and inability to post the jury deposit must file an indigence affidavit with the jury demand; the Court may summon the party for further investigation.

In the event a party claims to be indigent and unable to post the deposit, an affidavit as to such indigence shall be filed with the demand for jury, and the Court may summon the party into Court for further investigation of the claimed indigence.

CRITICAL

Applies to

Objections

Objections must specifically state their grounds with particularity.

Objections shall be specific and state with particularity the grounds for the objections.

CRITICAL

Applies to

Court reporter request

A request for a Court Reporter in an action other than a jury trial must be submitted in writing.

In other actions, a Court Reporter may be supplied upon written request of either party or his/her counsel, provided such request is filed in writing at least five (5) court days prior to trial.

CRITICAL

Applies to

Rent escrow notice

Before using rent escrow, a tenant must give the landlord written notice specifying the acts, omissions, or code violations at issue.

Before a tenant can use rent escrow, the tenant must give written notice to the landlord, specifying the acts, omissions, or code violations that constitute a violation of the landlord’s duties.

CRITICAL

Applies to

Fax cover page

A fax cover page must include the listed court, case, document, transmission, page-count, and filer information, with additional statements when applicable.

The attorney or other parties must provide the following information on the fax cover page: 1] the name of the Court; 2] the title of the case; 3] the case number; 4] the title of the document being filed; 5] the date of transmission; 6] the transmitting fax number; 7] an indication of the number of pages included in the transmission, including the cover page; 8] if a Judge or case number has not been assigned, state that fact on the cover page; 9] the name, address, telephone number, fax number, Supreme Court registration number, and, if available, an e-mail address of the person filing the fax document, if available; and 10] if applicable, a statement explaining how costs are being submitted.

CRITICAL

Applies to

Garnishment papers

Garnishment papers must use the required statutory form, be properly completed and dated, and include proof of service of the demand; the Clerk must refuse noncompliant papers.

All garnishment proceedings shall be in the form required by Section 2715.11, Ohio Revised Code, and the garnishment papers will be properly filled out, including date. They will be accompanied by the proof of service of the demand required by Section 2715.02, Ohio Revised Code. The Clerk of this Court is instructed to refuse to accept for filing any garnishment papers not complying with this rule.

CRITICAL

Applies to

First pretrial evidence

Both counsel must sign and file Court-prescribed evidence that the first pretrial was held, using a form signed by counsel for the parties.

Both counsels shall sign and file evidence of having held said first pretrial on a form prescribed by the Court and signed by counsel for the parties.

CRITICAL

Applies to

Journal entry

The journal entry must state which party will pay the Court costs.

The journal entry shall state which party will pay the Court costs.

CRITICAL

Applies to

Military affidavit

A Military Affidavit under the Soldiers and Sailors Relief Act must be filed with the proposed entry unless it was filed earlier.

Military Affidavits pursuant to the Soldiers and Sailors Relief Act shall be filed with the proposed entry, unless filed earlier.

CRITICAL

Applies to

No earnings affidavit

For each month with no employment earnings, the debtor/applicant must report in person to the Court and complete an affidavit confirming the absence of earnings.

The debtor/applicant must report in person to this Court each month in which he/she had no personal earnings from employment. At said time, debtor/applicant shall complete an affidavit swearing that he/she did not earn any personal earnings for that month.

CRITICAL

Applies to

Trustee payment form

For each pay period, the debtor/applicant must complete the Trustee Payment form and attach a pay stub or an employer’s written statement of pay for that period.

The debtor/applicant shall complete the Court form “Trustee Payment” for each present pay period. The debtor/applicant shall attach a copy of his/her pay stub or written statement of the debtor’s pay for that period from the employer to the “Trustee Payment” form.

CRITICAL

Applies to

Indigency form

Although the Court may examine the indigence-investigation documents, only the prescribed Ohio Public Defender’s Office form must be filed in the Defendant’s court file.

The Court reserves the right to examine the documents comprising the investigation of the Defendant’s indigence, but requires only the filing of the prescribed form of the Ohio Public Defender’s Office in the Court’s file regarding the individual Defendant.

CRITICAL

Applies to

Motion

Every 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

Written plea of not guilty

For written pleas covering multiple charges, defense counsel must ensure that a signed, completed, file-stamped plea form is provided for each offense.

When filing written pleas of “not guilty” on multiple charges, it is Defense counsel’s duty to insure that a plea form is signed, completed and file stamped for each offense

CRITICAL

Applies to

Objections

Objections must include a statement signed by the filing party confirming that copies were served on all other parties.

They shall further contain a statement signed by the filing party that copies have been served on all other parties.