Crawford County Municipal Court, Ohio Document Filing Requirements

CRITICAL

Applies to

Complaint

A complaint requesting a warrant must be accompanied by a fact-based affidavit sufficient for a probable-cause determination; an affidavit that merely repeats statutory and complaint language is insufficient, and the Court may instead hold an open-court probable-cause hearing.

If a warrant is requested on a complaint, the complaint shall be accompanied by an affidavit of fact pursuant to Ohio Criminal Rule 4(A)(1) whereby the Court can determine probable cause. An affidavit of fact merely phrased in statutory language and in substantially the same language as the complaint is not sufficient. In the alternative, the Court may hold a probable cause hearing in open Court before authorizing the issuance of the warrant.

CRITICAL

Applies to

Trusteeship application and statement of creditors

A trusteeship applicant must complete the court’s application and creditor-statement forms, with the statement giving complete creditor and debt information under oath.

The debtor/applicant must complete the Court form “Application for the Appointment of a Trustee” along with the Court form “Statement as to Creditors” which shall contain a full, accurate, and complete statement, under oath, of the names of the debtor/applicant’s secured and unsecured creditors with liquidated claims, the creditors’ addresses, account numbers, and the amount due each creditor.

CRITICAL

Applies to

Continuance motion

Continuance motions must be accompanied by entries with blanks for the new trial time and date and whether opposing counsel agrees.

Entries shall accompany the motions with blanks for the new trial time and date, and if agreed to by opposing counsel.

CRITICAL

Applies to

Jury questionnaire

Prospective jurors must complete a jury questionnaire and, when appropriate, submit a request for excuse, exemption, or deferral.

Further, all prospective jurors shall be required to complete a jury questionnaire and, if appropriate, a request for excuse, exemption, or a deferral.

CRITICAL

Applies to

Notice of change in employment or residence

The debtor/applicant must give the Court and Trustee written notice of employment or residence changes within ten days.

The debtor/applicant shall provide this Court and the Trustee with written notification of any changes in employment or place of residence within ten (10) days.

CRITICAL

Applies to

Motion

Motions must be supported by memorandums of law containing applicable statutory and case law citations.

Motions shall be supported by Memorandums of Law containing applicable statutory and case law citations.

CRITICAL

Applies to

Default judgment motion

For an unliquidated claim or when the defaulting party has appeared, a hearing is required and the motion must state the hearing’s date and time on its face.

If the claim is un-liquidated, or if the party against whom judgment by default is sough has appeared in the action, or both, then a hearing is required before the Judge or Magistrate. In these cases, the motion for default judgment must include, on the face of the motion, notice of the date and time of the scheduled hearing on the motion.

CRITICAL

Applies to

Trusteeship application

A trusteeship application must include a copy of the Fifteen Day Demand or it will be denied.

The applicant shall attach a copy of the demand in accordance with ORC §2716.02 (commonly known as a “Fifteen Day Demand”) to the application. Any application that does not have the above demand attached will be denied.

CRITICAL

Applies to

Levy instructions

For a levy on personal property, the attorney or party must give the Bailiff a detailed description, including the type, size, and number of items; a blanket instruction to levy on all goods and chattels is insufficient.

In all attachments or executions to be levied upon personal property, the attorney or party shall describe in detail those items which are to be levied upon; an instruction to “levy upon all goods and chattels” is not sufficient. Information must be supplied to the Bailiff as to the type, size, and number of items to be levied upon, so that the Bailiff can make an accurate estimate as to the cost of the proceedings, and so that he/she can require a sufficient deposit to secure costs before proceeding with the execution or attachment.

WARNING

Applies to

Pretrial conference

The court may dismiss for want of prosecution when the plaintiff and/or counsel fails to appear, and may proceed ex parte when the defendant fails to appear.

The Court, while presiding at a pretrial conference, shall have the authority to dismiss the action for want of prosecution on motion of defendant upon failure of Plaintiff and/or his/her counsel to appear in person at any pretrial conference or trial; to order the Plaintiff to proceed with the case and to decide and determine all matters ex parte upon failure of the defendant appear in person or by counsel at any pretrial conference or trial; to make such other order as the Court may

WARNING

Applies to

Proof of claim

The notice to each creditor must direct the creditor to authenticate its claim and provide a proof of claim to the Court.

The notice shall include an order to each creditor to authenticate each claim and to provide the court with a proof of claim.

WARNING

Applies to

Jury questionnaire

Jury questionnaires must be submitted to potential jurors and available for review by any party or counsel one week before trial.

Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial date.

WARNING

Applies to

Affidavit of indigency

At arraignment, the Defendant may be required to answer financial questions under oath and complete an asset certification to verify indigence and eligibility for appointed counsel.

At arraignment, a Defendant may be required to answer questions under oath about his/her financial ability to obtain counsel. The Defendant may also be required to complete a certification of assets [i.e. Affidavit of Indigency] to verify indigence and eligibility for the appointment of counsel.

WARNING

Applies to

Pretrial statement

The court may require the parties to file a pretrial statement for the record that includes the stipulations, admissions, and other matters addressed at pretrial.

The Court may require the parties to file a pretrial statement to become part of the record and the case embracing all stipulations, admissions, and other matters which have come before it at pretrial.

WARNING

Applies to

Jury questionnaire

Jury questionnaires must be submitted to potential jurors and available for party or counsel review one week before trial; the Court gathers and disposes of distributed questionnaires after trial ends.

Jury questionnaires shall be submitted to potential jurors and shall be available for review by any party or their counsel one (1) week prior to trial. Upon completion or termination of the trial, the Court shall gather any jury questionnaires previously distributed and dispose of the same.

WARNING

Applies to

Trial counsel change entry

The Court may permit a change of trial counsel if an entry designates new counsel, prior trial counsel agrees, and the change will not delay trial.

Change of trial counsel may be permitted by the Court upon the filing of an entry containing the designation of new trial counsel and the agreement of prior trial counsel and provided such change will not delay the trial of such case.

WARNING

Applies to

Trusteeship release request

If the debtor/applicant fails to maintain the agreement, the creditor may request in writing to be released from the trusteeship.

Upon the failure of the debtor/applicant to maintain such agreement, the creditor may be released from the trusteeship upon written request to this Court, to pursue its chattel property or other remedies as provided by law, which are not in violation of ORC §2329.70

WARNING

Applies to

Filing

Must include

judge name

If the filer knows the assigned Judge, the Judge’s name must appear in the caption between the case number and document title.

Insofar as the party filing a document is aware of the Judge to whom the case is assigned, he/she shall note the same between the Case Number and the title of the document in the caption.